Policies - Section 5000 » 5120 - (IHBCA) Accommodation of Pregnancy and Related Medical Conditions: Students

5120 - (IHBCA) Accommodation of Pregnancy and Related Medical Conditions: Students

 
 
5120  (IHBCA) Accommodation of Pregnancy
and Related Medical Conditions: Students 5120 (IHBCA)
 
 
A. Policy Purpose.

This policy is intended to enable students who are pregnant or have related medical
conditions to receive the accommodations to which they are entitled under Title IX of the
Education Amendments of 1972 (Title IX) and under NH RSA 193:38.

The Milford School District does not treat students differently on the basis of sex with
respect to current, potential, or past parental, family, or marital status. The District does
not discriminate against any student based on the student’s current, potential, or past
pregnancy or related conditions.

B. Terms.
  1. Pregnancy. “Pregnancy” refers to the pregnancy of the specific student in
    question and includes, but is not limited to, current pregnancy, past pregnancy,
    termination of pregnancy, potential or intended pregnancy (which can include
    infertility, fertility treatment, and the use of contraception), labor, and childbirth
    (including natural and cesarean delivery).
  2. Related Medical Conditions. “Related medical conditions” are medical conditions
    relating to pregnancy. This includes prenatal/antenatal and postpartum medical
    conditions, recovery from pregnancy as defined above, and lactation and related
    conditions. See Policy 2425 (ACN) for lactation accommodations.
C. District and Employee Responsibilities Upon Notification of Student Pregnancy or
Related Condition.

When a student, or a person who has a legal right to act on behalf of the student,
informs any District employee of the student's pregnancy or related medical conditions,
the employee shall promptly provide that person with the Human Rights Officer/Title IX
Coordinator's contact information and inform that person that the Human Rights
Officer/Title IX Coordinator can coordinate specific actions to prevent sex discrimination
and ensure the student's equal access to the District’s educational programs and
activities.

Pursuant to Board policy 5125 (ACAC) and Title IX, any staff member who learns that a
student is pregnant or is informed of such by the pregnant student will immediately
inform the Human Rights Officer/Title IX Coordinator.
 
Consistent with RSA 186:11, IX-e, Milford School District Policy 5116 (JLP) no employee
of the District, including the Human Rights Officer/Title IX Coordinator, may withhold
from a parent/guardian information regarding a student's pregnancy unless such
employee reasonably believes, and a reasonably prudent person would believe, that
such disclosure would result in abuse, abandonment, or neglect. If information
indicating abuse, abandonment or neglect exists, the employee is mandated to
report such information as described in Policy 2408 (JLF) and RSA 169-C:29 and 30.
 
D. Specific Actions to Prevent Discrimination and Ensure Equal Access.

When the student, or a person who has a legal right to act on behalf of the student,
informs the Human Rights Officer/Title IX Coordinator of the pregnancy or related
condition, the Human Rights Officer/Title IX Coordinator shall act to prevent sex
discrimination and ensure equal access to the District's educational programs and
activities. The Human Rights Officer/Title IX Coordinator must inform the person of the
District’s obligations and provide adequate notice of nondiscrimination.

Based on the student's individualized needs and in consultation with the student, the
District will make reasonable modifications to policies, practices, or procedures as
necessary to prevent sex discrimination and ensure equal access to the District's
educational programs and activities. The Human Rights Officer/Title IX Coordinator will
help the student access these rights.

The student may accept or decline each reasonable modification offered by the District.
If the student accepts an offered reasonable modification, the District must implement it.
Examples of reasonable modifications may include, but are not limited to, the following:
  1. breaks to attend to health needs associated with pregnancy or related conditions,
    including eating, drinking, or using the restroom;
  2. intermittent absences to attend medical appointments;
  3. access to extended learning opportunities, such as online or homebound
    education;
  4. changes in schedule or course sequence;
  5. extensions of time for coursework and rescheduling of tests and examinations;
  6. allowing a student to sit or stand, or carry or keep water nearby;
  7. counseling;
  8. changes in physical space or supplies (for example, access to a larger desk or a
    footrest); elevator access;
  9. other changes to policies, practices, or procedures; or
  10. breaks during class to express breast milk or breastfeed in an appropriate
    lactation space (i.e., a space other than a bathroom, that is clean, shielded from
    view, free from intrusion from others, and which may be used by a student for
    expressing breast milk or breastfeeding as needed). See Policy 2425 (ACN)
    regarding lactation.
E. Voluntary Leaves of Absence.

The student may voluntarily take a leave of absence from school for, at a minimum, the
period of time deemed medically necessary by the student’s licensed healthcare
provider. If the student qualifies for a longer period of leave under another District leave
policy, the student is permitted to take voluntary leave under that policy instead, if the
student so chooses. Upon return to school, the student will be reinstated to the
academic status and, as practicable, the extracurricular status that the student held
when the voluntary leave began.
 
F. Supporting Documentation.

The District will treat pregnancy or related conditions in the same manner and under the
same policies as any other temporary medical conditions. The District may not require
supporting documentation for activities that are generally available to students without
documentation.

The District will require supporting documentation only when necessary and reasonable
for determining whether reasonable modifications are needed or whether to take
additional specific actions. Supporting documentation is not necessary or reasonable
when the student’s need is obvious, such as when a pregnant student needs a larger
desk, water nearby, or restroom breaks, or when a postpartum student has lactation
needs.

The District may not require a student who is pregnant or has related conditions to
provide certification that the student is physically able to participate in class, programs,
or extracurricular activity unless such certification is required of all students participating
in the class, program, or extracurricular activity.
 
G. Complaints or Reports.

Complaints or reports regarding violations of this policy should be made in the first
instance in accordance with the procedures outlined in policy 5125 (ACAC).
NH Statutes
RSA 169-C
Description
RSA 186:11, IX-e Notice to Parents/Guardian Required
RSA 186:11, XXXIII Discrimination
RSA 193:38 Discrimination in Public Schools
RSA 354-A:1 (Human Rights) Title and Purposes of Chapter
RSA 354-A:27
 
 
Federal Statutes
20 U.S.C 1681, et seq
Description
29 U.S.C. 794 Rehabilitation Act of 1973 (Section 504)
 
 
 
Adopted: 8/2016
Revised: 2/2026