NY State Senate Bill 2025-S5444A

Senate Bill S5444A

2025-2026 Legislative Session

Establishes protections for the rights of pregnant students, parenting students, and students with pregnancy-related conditions in schools

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2025	print number 5444a
May 16, 2025	amend (t) and recommit to higher education
Apr 15, 2025	reference changed to higher education
Feb 21, 2025	referred to education

Bill Amendments

Original

A (Active)

2025-S5444 - Details

See Assembly Version of this Bill:: A6606
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 7 Art 129-C §§6450 - 6450-c, amd §§355 & 6306, Ed L

2025-S5444 - Summary

Establishes protections for the rights of pregnant students, parenting students, and students with pregnancy-related conditions in schools; requires schools to establish liaison officers for such students and to disseminate information relating to resources available to such students.

2025-S5444 - Sponsor Memo

                                 
BILL NUMBER: S5444

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the education law, in relation protecting rights of
pregnant and parenting students in schools and education

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes protections for pregnant and parenting students in
New York's educational institutions, ensuring that they are not discrim-
inated against, excluded from academic programs, or denied reasonable
accommodations due to pregnancy or parenting status.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Names the act as the "Protecting Rights of Pregnant and
Parenting Students in Schools and Education Act."

Section 2: Amends Title 7 of the education law by adding a new Article
129-C.

Section 3 & 4: Directs the State University of New York (SUNY) Board of
Trustees and community college boards to adopt rules establishing mini-
mum leave-of-absence periods for pregnant and parenting students.

Section 5: Sets the effective date.

 
JUSTIFICATION:

Pregnant and parenting students face significant barriers in completing
their education, including academic discrimination, lack of accommo-
dations, and insufficient institutional support. Federal Title IX regu-
lations prohibit discrimination on the basis of pregnancy, but enforce-
ment and institutional policies often fall short, leaving students
vulnerable to academic penalties, exclusion, and lack of essential
resources.

Nationally, one in five college students is a parent, and many face
financial and logistical challenges balancing their education with care-
giving responsibilities. Studies show that student parents graduate at
lower rates than their peers, often due to inflexible academic policies
and a lack of institutional support. By requiring accommodations such as
excused absences, academic flexibility, and access to essential
resources, this bill ensures that pregnant and parenting students have
equal opportunities to succeed.

New York must lead in protecting students' rights by codifying these
protections into state law, ensuring that all students can pursue higher
education without discrimination. Similar policies have been enacted in
other states, such as California and Illinois, with positive outcomes
for student retention and success.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
TBD

 
EFFECTIVE DATE:
180 days after becoming law

2025-S5444 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5444
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  protecting  rights  of
   pregnant and parenting students in schools and education
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "protecting rights of pregnant and parenting students in schools and
 education act".
   §  2.  Title 7 of the education law is amended by adding a new article
 129-C to read as follows:
                               ARTICLE 129-C
              PROTECTIONS FOR PREGNANT AND PARENTING STUDENTS
 SECTION 6450.   DEFINITIONS.
         6450-A. RIGHTS AND PROTECTIONS.
         6450-B. DESIGNATION OF LIAISON OFFICER.
         6450-C. DISSEMINATION OF INFORMATION.
   § 6450. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "INSTITUTION" SHALL MEAN ANY COLLEGE OR UNIVERSITY CHARTERED BY THE
 REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT MAINTAINS
 A CAMPUS IN NEW YORK.
   2.  "PARENTING  STUDENT"  SHALL  HAVE  THE  SAME  MEANING AS "FAMILIAL
 STATUS" AS DEFINED IN SUBDIVISION  TWENTY-SIX  OF  SECTION  TWO  HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW.
   3.  "PREGNANCY-RELATED  CONDITION"  SHALL  HAVE  THE  SAME  MEANING AS
 DEFINED IN SUBDIVISION TWENTY-ONE-F OF SECTION TWO HUNDRED NINETY-TWO OF
 THE EXECUTIVE LAW.
   4. "REASONABLE ACCOMMODATION" SHALL MEAN ACTIONS TAKEN WHICH PERMIT  A
 STUDENT,  PROSPECTIVE STUDENT, PARENTING STUDENT OR STUDENT WITH A PREG-
 NANCY-RELATED CONDITION, TO PERFORM IN A REASONABLE  MANNER  THE  ACTIV-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09767-01-5

 S. 5444                             2
 
 ITIES  INVOLVED IN OBTAINING A DEGREE FROM AN EDUCATIONAL INSTITUTION OR
 PARTICIPATING IN STUDENT LIFE AND  INCLUDE,  BUT  ARE  NOT  LIMITED  TO,
 PROVISION  OF AN ACCESSIBLE LEARNING ENVIRONMENT, ACQUISITION OR MODIFI-
 CATION  OF EQUIPMENT, SUPPORT SERVICES FOR PREGNANT STUDENTS OR STUDENTS
 WITH A PREGNANCY-RELATED CONDITION, AND  MODIFIED  LEARNING  OR  TESTING
 SCHEDULE;  PROVIDED,  HOWEVER,  THAT SUCH ACTIONS DO NOT IMPOSE AN UNDUE
 HARDSHIP ON THE INSTITUTION FROM WHICH SUCH ACTIONS ARE REQUESTED.
   § 6450-A. RIGHTS AND PROTECTIONS. 1. AN INSTITUTION  MAY  NOT,  SOLELY
 BECAUSE  OF A STUDENT'S STATUS AS A PREGNANT OR PARENTING STUDENT OR DUE
 TO ISSUES RELATED TO A PREGNANCY-RELATED  CONDITION,  DO  OR  REQUIRE  A
 STUDENT TO DO ANY OF THE FOLLOWING:
   A.  TAKE  LEAVE  OF  ABSENCE  OR WITHDRAW FROM THE STUDENT'S DEGREE OR
 CERTIFICATE PROGRAM;
   B. LIMIT THE STUDENT'S STUDIES;
   C. PARTICIPATE IN AN ALTERNATIVE PROGRAM;
   D. CHANGE THE STUDENT'S MAJOR, DEGREE, OR CERTIFICATE PROGRAM;
   E. TERMINATE OR REDUCE ATHLETIC, MERIT, OR  NEEDS-BASED  SCHOLARSHIPS;
 OR
   F.  REFRAIN  FROM JOINING OR CEASE PARTICIPATING IN ANY COURSE, ACTIV-
 ITY, OR PROGRAM AT THE INSTITUTION.
   2. AN INSTITUTION SHALL NOT:
   A. DEMAND OR REQUIRE ANY STUDENT TO:
   (I) UNDERGO TESTS FOR PREGNANCY; OR
   (II) DISCLOSE THE RESULTS OF TESTS FOR PREGNANCY OR  PREGNANCY-RELATED
 CONDITIONS;
   B. DEMAND OR REQUIRE ANY STUDENT'S HEALTHCARE PROVIDER TO:
   (I)  DISCLOSE  THE RESULTS OF TESTS RELATED TO PREGNANCY OR PREGNANCY-
 RELATED CONDITIONS; OR
   (II) DISCLOSE THE STATUS OR CONDITION OF  ANY  STUDENT  IN  REGARD  TO
 PREGNANCY-RELATED CONDITIONS; OR
   C.  EXCLUDE A STUDENT FROM CLASSES, A SCHOOL PROGRAM, OR SCHOOL ACTIV-
 ITY FOR EXERCISING THE RIGHTS UNDER THIS SUBDIVISION.  PROVIDED,  HOWEV-
 ER,  THAT  THIS  SUBDIVISION  SHALL  NOT PRECLUDE STAFF FROM OFFERING TO
 SUPPORT STUDENTS WHO  WISH  TO  SEEK  APPROPRIATE  MEDICAL  AND  SUPPORT
 SERVICES AND PROVIDING REFERRALS TO SUCH SERVICES.
   3.  AN INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE REASONABLE ACCOM-
 MODATIONS TO A PREGNANT STUDENT, INCLUDING ACCOMMODATIONS THAT:
   A. WOULD BE PROVIDED TO A STUDENT WITH A TEMPORARY MEDICAL  CONDITION;
 OR
   B.  ARE  RELATED  TO  THE  HEALTH  AND  SAFETY  OF THE STUDENT AND THE
 STUDENT'S CHILD, SUCH  AS  ALLOWING  THE  STUDENT  TO  MAINTAIN  A  SAFE
 DISTANCE FROM SUBSTANCES, AREAS, AND ACTIVITIES KNOWN TO BE HAZARDOUS TO
 PREGNANT PERSONS OR UNBORN CHILDREN.
   4.  AN INSTITUTION OF HIGHER EDUCATION SHALL, FOR REASONS RELATED TO A
 STUDENT'S PREGNANCY, CHILDBIRTH, OR  ANY  RESULTING  MEDICAL  STATUS  OR
 CONDITION:
   A. EXCUSE THE STUDENT'S ABSENCE;
   B. ALLOW THE STUDENT TO MAKE UP MISSED ASSIGNMENTS OR ASSESSMENTS;
   C.  ALLOW  THE  STUDENT ADDITIONAL TIME TO COMPLETE ASSIGNMENTS IN THE
 SAME MANNER AS THE INSTITUTION ALLOWS FOR A  STUDENT  WITH  A  TEMPORARY
 MEDICAL CONDITION;
   D.  PROVIDE  THE  STUDENT  WITH  ACCESS TO INSTRUCTIONAL MATERIALS AND
 VIDEO RECORDINGS OF LECTURES FOR CLASSES FOR WHICH THE  STUDENT  HAS  AN
 EXCUSED  ABSENCE UNDER THIS SUBDIVISION TO THE SAME EXTENT THAT INSTRUC-
 TIONAL MATERIALS AND VIDEO RECORDINGS OF LECTURES ARE MADE AVAILABLE  TO
 ANY OTHER STUDENT WITH AN EXCUSED ABSENCE; AND
 S. 5444                             3
 
   E.  PROVIDE A LACTATION SPACE TO PARENTING STUDENTS NEEDING TO EXPRESS
 BREAST MILK.
   5. EACH INSTITUTION SHALL ADOPT A POLICY FOR STUDENTS ON PREGNANCY AND
 PARENTING DISCRIMINATION. THE POLICY SHALL:
   A.  INCLUDE  THE CONTACT INFORMATION FOR THE EMPLOYEE OR OFFICE OF THE
 INSTITUTION THAT IS THE  DESIGNATED  POINT  OF  CONTACT  FOR  A  STUDENT
 REQUESTING  EACH  PROTECTION OR ACCOMMODATION PURSUANT TO SECTION SIXTY-
 FOUR HUNDRED FIFTY-B OF THIS ARTICLE AS WELL AS THE TITLE  IX  COORDINA-
 TOR;
   B.  BE  POSTED  IN AN EASILY ACCESSIBLE, STRAIGHTFORWARD FORMAT ON THE
 INSTITUTION'S WEBSITE; AND
   C. BE MADE AVAILABLE ANNUALLY TO FACULTY, STAFF, AND EMPLOYEES OF  THE
 INSTITUTION.
   6.  IF  AN INSTITUTION OF HIGHER EDUCATION PROVIDES EARLY REGISTRATION
 FOR COURSES OR PROGRAMS AT THE INSTITUTION FOR ANY  GROUP  OF  STUDENTS,
 THE  INSTITUTION  SHALL  PROVIDE EARLY REGISTRATION FOR THOSE COURSES OR
 PROGRAMS FOR PARENTING STUDENTS IN THE SAME MANNER.
   § 6450-B. DESIGNATION OF LIAISON OFFICER. 1.  EACH  INSTITUTION  SHALL
 DESIGNATE  AT  LEAST ONE EMPLOYEE OF THE INSTITUTION TO ACT AS A LIAISON
 OFFICER FOR CURRENT OR INCOMING STUDENTS  AT  THE  INSTITUTION  WHO  ARE
 PREGNANT OR PARENTING.
   2. THE LIAISON OFFICER SHALL PROVIDE INFORMATION TO STUDENTS REGARDING
 SUPPORT SERVICES AND OTHER RESOURCES AVAILABLE TO STUDENTS AT THE INSTI-
 TUTION, INCLUDING:
   A. RESOURCES TO ACCESS, INCLUDING:
   (I) MEDICAL AND BEHAVIORAL HEALTH COVERAGE AND SERVICES; AND
   (II) PUBLIC BENEFIT PROGRAMS, INCLUDING PROGRAMS RELATED TO FOOD SECU-
 RITY, AFFORDABLE HOUSING, AND HOUSING SUBSIDIES;
   B. PARENTING AND CHILD CARE RESOURCES;
   C. EMPLOYMENT ASSISTANCE;
   D. TRANSPORTATION ASSISTANCE;
   E. STUDENT ACADEMIC SUCCESS STRATEGIES;
   F.  RIGHTS  OF  PREGNANT  AND  PARENTING  STUDENTS PURSUANT TO SECTION
 SIXTY-FOUR HUNDRED FIFTY-A OF THIS ARTICLE; AND
   G. ANY OTHER RESOURCES DEVELOPED BY THE INSTITUTION TO ASSIST STUDENTS
 WHO ARE PREGNANT OR PARENTING.
   § 6450-C. DISSEMINATION OF  INFORMATION.  1.  EACH  INSTITUTION  SHALL
 DISSEMINATE THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION  IN  THE MANNER PROVIDED IN SUBDIVISION THREE OF THIS SECTION TO
 PROSPECTIVE AND ENROLLED STUDENTS, INCLUDING THOSE ATTENDING OR PLANNING
 TO ATTEND LESS THAN FULL TIME.
   2. THE INFORMATION TO BE DISSEMINATED PURSUANT TO THIS  SECTION  SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   A.  INFORMATION  ON  THE  RESOURCES AVAILABLE TO PREGNANT OR PARENTING
 STUDENTS, INCLUDING THE RESOURCES LISTED IN SUBDIVISION TWO  OF  SECTION
 SIXTY-FOUR HUNDRED FIFTY-B OF THIS ARTICLE;
   B. INFORMATION ON HOW TO CONTACT THE LIAISON OFFICER REQUIRED PURSUANT
 TO SECTION SIXTY-FOUR HUNDRED FIFTY-B OF THIS ARTICLE;
   C.  INFORMATION ON HOW TO FILE A COMPLAINT WITH THE FEDERAL DEPARTMENT
 OF EDUCATION, IF A STUDENT BELIEVES THERE WAS A VIOLATION BY THE  INSTI-
 TUTION  OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 (20 U.S.C.  1681
 ET SEQ.) ON ACCOUNT OF SUCH STUDENT'S DETERMINATION TO CARRY A PREGNANCY
 TO TERM; AND
   D. INFORMATION ON HOW TO FILE  A  COMPLAINT  WITH  THE  DEPARTMENT  OF
 EDUCATION IF A STUDENT BELIEVES THERE WAS A VIOLATION BY THE INSTITUTION
 OF THIS ARTICLE.
 S. 5444                             4
 
   3.  INFORMATION  REQUIRED  TO BE DISSEMINATED PURSUANT TO THIS SECTION
 SHALL BE DISSEMINATED:
   A. IN AN EMAIL TO EACH ENROLLED STUDENT AT THE START OF EACH PERIOD OF
 STUDY DURING AN ACADEMIC YEAR;
   B. IN STUDENT HANDBOOKS, IF ANY;
   C. AT EACH ORIENTATION FOR ENROLLED STUDENTS; AND
   D. AT STUDENT HEALTH OR COUNSELING CENTERS, IF ANY.
   §  3.  Section  355  of  the  education law is amended by adding a new
 subdivision 22 to read as follows:
   22. THE STATE UNIVERSITY TRUSTEES SHALL ADOPT RULES  AS  NECESSARY  TO
 ADMINISTER ARTICLE ONE HUNDRED TWENTY-NINE-C OF THIS CHAPTER. SUCH RULES
 SHALL  ESTABLISH MINIMUM PERIODS OF TIME FOR WHICH A PREGNANT OR PARENT-
 ING STUDENT MUST BE GIVEN A LEAVE OF ABSENCE UNDER PARAGRAPH A OF SUBDI-
 VISION ONE OF SECTION SIXTY-FOUR HUNDRED FIFTY-A  OF  THIS  CHAPTER.  IN
 ESTABLISHING SUCH PERIODS OF TIME, THE TRUSTEES SHALL CONSIDER THE MAXI-
 MUM  AMOUNT OF TIME A STUDENT MAY BE ABSENT WITHOUT SIGNIFICANTLY INTER-
 FERING WITH THE STUDENT'S ABILITY TO COMPLETE THEIR  DEGREE  OR  CERTIF-
 ICATE PROGRAM.
   §  4.  Section  6306  of  the education law is amended by adding a new
 subdivision 12 to read as follows:
   12. THE BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ADOPT  RULES
 AS  NECESSARY  TO  ADMINISTER  ARTICLE ONE HUNDRED TWENTY-NINE-C OF THIS
 CHAPTER. SUCH RULES SHALL ESTABLISH MINIMUM PERIODS OF TIME FOR WHICH  A
 PREGNANT  OR  PARENTING  STUDENT  MUST BE GIVEN A LEAVE OF ABSENCE UNDER
 PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-FOUR HUNDRED FIFTY-A  OF
 THIS  CHAPTER.  IN  ESTABLISHING  SUCH  PERIODS OF TIME, THE BOARD SHALL
 CONSIDER THE MAXIMUM AMOUNT OF TIME A  STUDENT  MAY  BE  ABSENT  WITHOUT
 SIGNIFICANTLY  INTERFERING  WITH  THE  STUDENT'S ABILITY TO COMPLETE THE
 STUDENT'S DEGREE OR CERTIFICATE PROGRAM.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2025-S5444A (ACTIVE) - Details

See Assembly Version of this Bill:: A6606
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 7 Art 129-C §§6450 - 6450-c, amd §§355 & 6306, Ed L

2025-S5444A (ACTIVE) - Summary

2025-S5444A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5444A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the education law, in relation to protecting rights of
pregnant students, parenting students, and students with pregnancy-re-
lated conditions in schools and education

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes protections for pregnant students, parenting
students, and students with pregnancy related conditions in New York's
educational institutions, ensuring that they are not discriminated
against, excluded from academic programs, or denied reasonable accommo-
dations due to pregnancy or parenting status.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Names the act as the "Protecting Rights of Pregnant Students,
Parenting Students, and Students with Pregnancy Related Conditions in
Schools and Education Act."

Section 2: Amends Title 7 of the education law by adding a new Article
129-C.

Section 3 & 4: Directs the State University of New York (SUNY) Board of
Trustees and community college boards to adopt rules establishing mini-
mum leave-of-absence periods for pregnant and parenting students.

Section 5: Sets the effective date.

 
JUSTIFICATION:

Pregnant students, parenting students, and students with pregnancy-re-
lated conditions face significant barriers in completing their educa-
tion, including academic discrimination, lack of accommodation, and
insufficient institutional support. Federal Title IX regulations prohib-
it discrimination on the basis of pregnancy, but enforcement and insti-
tutional policies often fall short, leaving students vulnerable to
academic penalties, exclusion, and lack of essential resources.

Nationally, one in five college students is a parent, and many face
financial and logistical challenges balancing their education with care-
giving responsibilities. Studies show that student parents graduate at
lower rates than their peers, often due to inflexible academic policies
and a lack of institutional support. By requiring accommodation such as
excused absences, academic flexibility, and access to essential
resources, this bill ensures that pregnant and parenting students have
equal opportunities to succeed.

New York must lead in protecting students' rights by codifying these
protections into state law, ensuring that all students can pursue higher
education without discrimination. Similar policies have been enacted in
other states, such as California and Illinois, with positive outcomes
for student retention and success.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TED

 
EFFECTIVE DATE:
180 days after becoming law

2025-S5444A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5444--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged  and  said bill committed to the Committee on Higher Educa-
   tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to amend the education law, in relation to protecting rights of
   pregnant students, parenting students, and students with pregnancy-re-
   lated conditions in schools and education
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protecting rights of pregnant  students,  parenting  students,  and
 students  with  pregnancy-related  conditions  in  schools and education
 act".
   § 2. Title 7 of the education law is amended by adding a  new  article
 129-C to read as follows:
                               ARTICLE 129-C
                    PROTECTIONS FOR PREGNANT STUDENTS,
    PARENTING STUDENTS, AND STUDENTS WITH PREGNANCY-RELATED CONDITIONS
 SECTION 6450.   DEFINITIONS.
         6450-A. RIGHTS AND PROTECTIONS.
         6450-B. DESIGNATION OF LIAISON OFFICER.
         6450-C. DISSEMINATION OF INFORMATION.
   §  6450.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "INSTITUTION" SHALL MEAN ANY COLLEGE OR UNIVERSITY CHARTERED BY THE
 REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT MAINTAINS
 A CAMPUS IN NEW YORK.
   2. "PARENTING STUDENT"  SHALL  HAVE  THE  SAME  MEANING  AS  "FAMILIAL
 STATUS"  AS  DEFINED  IN  SUBDIVISION  TWENTY-SIX OF SECTION TWO HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09767-02-5

 S. 5444--A                          2
 
   3. "PREGNANCY-RELATED CONDITION" SHALL INCLUDE BUT NOT BE  LIMITED  TO
 CHILDBIRTH,  TERMINATION OF PREGNANCY, LACTATION, AND MEDICAL CONDITIONS
 OR RECOVERY RELATED TO ANY OF THESE CONDITIONS.
   4.  "REASONABLE ACCOMMODATION" SHALL MEAN ACTIONS TAKEN WHICH PERMIT A
 STUDENT, PROSPECTIVE STUDENT, PARENTING STUDENT OR STUDENT WITH A  PREG-
 NANCY-RELATED  CONDITION,  TO  PERFORM IN A REASONABLE MANNER THE ACTIV-
 ITIES INVOLVED IN OBTAINING A DEGREE FROM AN EDUCATIONAL INSTITUTION  OR
 PARTICIPATING  IN  STUDENT  LIFE  AND  INCLUDE,  BUT ARE NOT LIMITED TO,
 PROVISION OF AN ACCESSIBLE LEARNING ENVIRONMENT, ACQUISITION OR  MODIFI-
 CATION  OF  EQUIPMENT, SUPPORT SERVICES FOR PREGNANT STUDENTS, PARENTING
 STUDENTS OR STUDENTS WITH A PREGNANCY-RELATED  CONDITION,  AND  MODIFIED
 LEARNING  OR  TESTING  SCHEDULE; PROVIDED, HOWEVER, THAT SUCH ACTIONS DO
 NOT IMPOSE AN UNDUE HARDSHIP ON THE INSTITUTION FROM WHICH SUCH  ACTIONS
 ARE REQUESTED.
   §  6450-A.  RIGHTS  AND PROTECTIONS. 1. AN INSTITUTION MAY NOT, SOLELY
 BECAUSE OF A STUDENT'S STATUS AS A PREGNANT OR PARENTING STUDENT OR  DUE
 TO  ISSUES  RELATED  TO  A  PREGNANCY-RELATED CONDITION, DO OR REQUIRE A
 STUDENT TO DO ANY OF THE FOLLOWING:
   A. TAKE LEAVE OF ABSENCE OR WITHDRAW  FROM  THE  STUDENT'S  DEGREE  OR
 CERTIFICATE PROGRAM;
   B. LIMIT THE STUDENT'S STUDIES;
   C. PARTICIPATE IN AN ALTERNATIVE PROGRAM;
   D. CHANGE THE STUDENT'S MAJOR, DEGREE, OR CERTIFICATE PROGRAM;
   E.  TERMINATE  OR REDUCE ATHLETIC, MERIT, OR NEEDS-BASED SCHOLARSHIPS;
 OR
   F. REFRAIN FROM JOINING OR CEASE PARTICIPATING IN ANY  COURSE,  ACTIV-
 ITY, OR PROGRAM AT THE INSTITUTION.
   2. AN INSTITUTION SHALL NOT:
   A. DEMAND OR REQUIRE ANY STUDENT TO:
   (I) UNDERGO TESTS FOR PREGNANCY; OR
   (II)  DISCLOSE THE RESULTS OF TESTS FOR PREGNANCY OR PREGNANCY-RELATED
 CONDITIONS;
   B. DEMAND OR REQUIRE ANY STUDENT'S HEALTHCARE PROVIDER TO:
   (I) DISCLOSE THE RESULTS OF TESTS RELATED TO PREGNANCY  OR  PREGNANCY-
 RELATED CONDITIONS; OR
   (II)  DISCLOSE  THE  STATUS  OR  CONDITION OF ANY STUDENT IN REGARD TO
 PREGNANCY-RELATED CONDITIONS; OR
   C. EXCLUDE A STUDENT FROM CLASSES, A SCHOOL PROGRAM, OR SCHOOL  ACTIV-
 ITY  FOR EXERCISING THE RIGHTS UNDER THIS SUBDIVISION.  PROVIDED, HOWEV-
 ER, THAT THIS SUBDIVISION SHALL NOT  PRECLUDE  STAFF  FROM  OFFERING  TO
 SUPPORT  STUDENTS  WHO  WISH  TO  SEEK  APPROPRIATE  MEDICAL AND SUPPORT
 SERVICES AND PROVIDING REFERRALS TO SUCH SERVICES.
   3. AN INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE REASONABLE  ACCOM-
 MODATIONS  TO  PREGNANT  STUDENTS, PARENTING STUDENTS, AND STUDENTS WITH
 PREGNANCY-RELATED CONDITIONS INCLUDING ACCOMMODATIONS THAT:
   A. WOULD BE PROVIDED TO A STUDENT WITH A TEMPORARY MEDICAL  CONDITION;
 OR
   B.  ARE  RELATED  TO  THE  HEALTH  AND  SAFETY  OF THE STUDENT AND THE
 STUDENT'S CHILD, SUCH  AS  ALLOWING  THE  STUDENT  TO  MAINTAIN  A  SAFE
 DISTANCE FROM SUBSTANCES, AREAS, AND ACTIVITIES KNOWN TO BE HAZARDOUS TO
 PREGNANT PERSONS, EMBRYOS OR FETUSES.
   4.  AN INSTITUTION OF HIGHER EDUCATION SHALL, FOR REASONS RELATED TO A
 STUDENT'S PREGNANCY, CHILDBIRTH, OR  ANY  RESULTING  MEDICAL  STATUS  OR
 CONDITION:
   A. EXCUSE THE STUDENT'S ABSENCE;
   B. ALLOW THE STUDENT TO MAKE UP MISSED ASSIGNMENTS OR ASSESSMENTS;
 S. 5444--A                          3

   C.  ALLOW  THE  STUDENT ADDITIONAL TIME TO COMPLETE ASSIGNMENTS IN THE
 SAME MANNER AS THE INSTITUTION ALLOWS FOR A  STUDENT  WITH  A  TEMPORARY
 MEDICAL CONDITION;
   D.  PROVIDE  THE  STUDENT  WITH  ACCESS TO INSTRUCTIONAL MATERIALS AND
 VIDEO RECORDINGS OF LECTURES FOR CLASSES FOR WHICH THE  STUDENT  HAS  AN
 EXCUSED  ABSENCE UNDER THIS SUBDIVISION TO THE SAME EXTENT THAT INSTRUC-
 TIONAL MATERIALS AND VIDEO RECORDINGS OF LECTURES ARE MADE AVAILABLE  TO
 ANY OTHER STUDENT WITH AN EXCUSED ABSENCE; AND
   E.  PROVIDE A LACTATION SPACE TO PARENTING STUDENTS NEEDING TO EXPRESS
 BREAST MILK.
   5. EACH INSTITUTION SHALL ADOPT A POLICY FOR  STUDENTS  ON  PREGNANCY,
 PREGNANCY-RELATED  CONDITIONS  AND  PARENTING DISCRIMINATION. THE POLICY
 SHALL:
   A. INCLUDE THE CONTACT INFORMATION FOR THE EMPLOYEE OR OFFICE  OF  THE
 INSTITUTION  THAT  IS  THE  DESIGNATED  POINT  OF  CONTACT FOR A STUDENT
 REQUESTING EACH PROTECTION OR ACCOMMODATION PURSUANT TO  SECTION  SIXTY-
 FOUR  HUNDRED  FIFTY-B OF THIS ARTICLE AS WELL AS THE TITLE IX COORDINA-
 TOR;
   B. BE POSTED IN AN EASILY ACCESSIBLE, STRAIGHTFORWARD  FORMAT  ON  THE
 INSTITUTION'S WEBSITE; AND
   C.  BE MADE AVAILABLE ANNUALLY TO FACULTY, STAFF, AND EMPLOYEES OF THE
 INSTITUTION.
   6. IF AN INSTITUTION OF HIGHER EDUCATION PROVIDES  EARLY  REGISTRATION
 FOR  COURSES  OR  PROGRAMS AT THE INSTITUTION FOR ANY GROUP OF STUDENTS,
 THE INSTITUTION SHALL PROVIDE EARLY REGISTRATION FOR  THOSE  COURSES  OR
 PROGRAMS  FOR  PREGNANT  STUDENTS, PARENTING STUDENTS, AND STUDENTS WITH
 PREGNANCY-RELATED CONDITIONS IN THE SAME MANNER.
   § 6450-B. DESIGNATION OF LIAISON OFFICER. 1.  EACH  INSTITUTION  SHALL
 DESIGNATE  AT  LEAST ONE EMPLOYEE OF THE INSTITUTION TO ACT AS A LIAISON
 OFFICER FOR CURRENT OR INCOMING STUDENTS  AT  THE  INSTITUTION  WHO  ARE
 PREGNANT, PARENTING, OR HAVE A PREGNANCY-RELATED CONDITION.
   2. THE LIAISON OFFICER SHALL PROVIDE INFORMATION TO STUDENTS REGARDING
 SUPPORT SERVICES AND OTHER RESOURCES AVAILABLE TO STUDENTS AT THE INSTI-
 TUTION, INCLUDING:
   A. RESOURCES TO ACCESS, INCLUDING:
   (I) MEDICAL AND BEHAVIORAL HEALTH COVERAGE AND SERVICES; AND
   (II) PUBLIC BENEFIT PROGRAMS, INCLUDING PROGRAMS RELATED TO FOOD SECU-
 RITY, AFFORDABLE HOUSING, AND HOUSING SUBSIDIES;
   B. PARENTING AND CHILD CARE RESOURCES;
   C. EMPLOYMENT ASSISTANCE;
   D. TRANSPORTATION ASSISTANCE;
   E. STUDENT ACADEMIC SUCCESS STRATEGIES;
   F.  RIGHTS OF PREGNANT STUDENTS, PARENTING STUDENTS, AND STUDENTS WITH
 A PREGNANCY-RELATED CONDITION PURSUANT  TO  SECTION  SIXTY-FOUR  HUNDRED
 FIFTY-A OF THIS ARTICLE; AND
   G. ANY OTHER RESOURCES DEVELOPED BY THE INSTITUTION TO ASSIST STUDENTS
 WHO ARE PREGNANT, PARENTING, OR HAVE A PREGNANCY-RELATED CONDITION.
   §  6450-C.  DISSEMINATION  OF  INFORMATION.  1. EACH INSTITUTION SHALL
 DISSEMINATE THE INFORMATION REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION IN THE MANNER PROVIDED IN SUBDIVISION THREE OF THIS  SECTION  TO
 PROSPECTIVE AND ENROLLED STUDENTS, INCLUDING THOSE ATTENDING OR PLANNING
 TO ATTEND LESS THAN FULL TIME.
   2.  THE  INFORMATION TO BE DISSEMINATED PURSUANT TO THIS SECTION SHALL
 INCLUDE BUT NOT BE LIMITED TO:
   A. INFORMATION  ON  THE  RESOURCES  AVAILABLE  TO  PREGNANT  STUDENTS,
 PARENTING  STUDENTS,  OR  STUDENTS  WITH  A PREGNANCY-RELATED CONDITION,
 S. 5444--A                          4
 
 INCLUDING THE RESOURCES LISTED IN SUBDIVISION TWO OF SECTION  SIXTY-FOUR
 HUNDRED FIFTY-B OF THIS ARTICLE;
   B. INFORMATION ON HOW TO CONTACT THE LIAISON OFFICER REQUIRED PURSUANT
 TO SECTION SIXTY-FOUR HUNDRED FIFTY-B OF THIS ARTICLE;
   C.  INFORMATION ON HOW TO FILE A COMPLAINT WITH THE FEDERAL DEPARTMENT
 OF EDUCATION, IF A STUDENT BELIEVES THERE WAS A VIOLATION BY THE  INSTI-
 TUTION  OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 (20 U.S.C.  1681
 ET SEQ.) ON ACCOUNT OF SUCH STUDENT'S DETERMINATION TO CARRY A PREGNANCY
 TO TERM; AND
   D. INFORMATION ON HOW TO FILE  A  COMPLAINT  WITH  THE  DEPARTMENT  OF
 EDUCATION IF A STUDENT BELIEVES THERE WAS A VIOLATION BY THE INSTITUTION
 OF THIS ARTICLE.
   3.  INFORMATION  REQUIRED  TO BE DISSEMINATED PURSUANT TO THIS SECTION
 SHALL BE DISSEMINATED:
   A. IN AN EMAIL TO EACH ENROLLED STUDENT AT THE START OF EACH PERIOD OF
 STUDY DURING AN ACADEMIC YEAR;
   B. IN STUDENT HANDBOOKS, IF ANY;
   C. AT EACH ORIENTATION FOR ENROLLED STUDENTS; AND
   D. AT STUDENT HEALTH OR COUNSELING CENTERS, IF ANY.
   § 3. Section 355 of the education law  is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22.  THE  STATE  UNIVERSITY TRUSTEES SHALL ADOPT RULES AS NECESSARY TO
 ADMINISTER ARTICLE ONE HUNDRED TWENTY-NINE-C OF THIS CHAPTER. SUCH RULES
 SHALL ESTABLISH MINIMUM PERIODS OF TIME  FOR  WHICH  PREGNANT  STUDENTS,
 PARENTING  STUDENTS, OR STUDENTS WITH A PREGNANCY-RELATED CONDITION MUST
 BE GIVEN A LEAVE OF ABSENCE UNDER PARAGRAPH  A  OF  SUBDIVISION  ONE  OF
 SECTION SIXTY-FOUR HUNDRED FIFTY-A OF THIS CHAPTER. IN ESTABLISHING SUCH
 PERIODS  OF TIME, THE TRUSTEES SHALL CONSIDER THE MAXIMUM AMOUNT OF TIME
 A STUDENT MAY BE  ABSENT  WITHOUT  SIGNIFICANTLY  INTERFERING  WITH  THE
 STUDENT'S ABILITY TO COMPLETE THEIR DEGREE OR CERTIFICATE PROGRAM.
   §  4.  Section  6306  of  the education law is amended by adding a new
 subdivision 12 to read as follows:
   12. THE BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ADOPT  RULES
 AS  NECESSARY  TO  ADMINISTER  ARTICLE ONE HUNDRED TWENTY-NINE-C OF THIS
 CHAPTER. SUCH RULES SHALL ESTABLISH MINIMUM PERIODS OF TIME FOR WHICH  A
 PREGNANT STUDENT, PARENTING STUDENT, OR STUDENT WITH A PREGNANCY-RELATED
 CONDITION MUST BE GIVEN A LEAVE OF ABSENCE UNDER PARAGRAPH A OF SUBDIVI-
 SION  ONE  OF  SECTION  SIXTY-FOUR  HUNDRED  FIFTY-A OF THIS CHAPTER. IN
 ESTABLISHING SUCH PERIODS OF TIME, THE BOARD SHALL CONSIDER THE  MAXIMUM
 AMOUNT OF TIME A STUDENT MAY BE ABSENT WITHOUT SIGNIFICANTLY INTERFERING
 WITH  THE  STUDENT'S ABILITY TO COMPLETE THE STUDENT'S DEGREE OR CERTIF-
 ICATE PROGRAM.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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