Sec. 337. Grants for State and local activities for the education of pregnant and parenting students

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The Secretary is authorized to make grants to States to carry out the activities described in subsection (d). A grant made under this section shall be for a minimum of 3 years, and the Secretary shall have the discretion to renew the grant at the end of the grant period. A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including, at a minimum, the State plan described in subsection (f).

From the funds made available to carry out this part, the Secretary may reserve not more than 5 percent for national activities. The amount allocated for payments under this part to the Secretary of the Interior for any fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the needs of— Indian children on reservations served by secondary schools for Indian children operated or supported by the Department of the Interior; and out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.

The Secretary shall allocate to States having approved applications the funds remaining after the application of paragraphs

(1)and

(2)based on the percentage of the State’s number of teen births compared to the number of teen births nationally, except that the minimum grant for a State shall be $300,000. Grant funds provided under paragraph

(3)shall be used only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this part, and not to supplant such funds. Funds made available to a State under this part shall be used for the following: To provide or enhance educational programs and related services that enable pregnant and parenting students to enroll in, attend, and succeed in school, and that are culturally and linguistically competent. To designate a Coordinator for Education of Pregnant and Parenting Students in the State educational agency to direct and manage the State educational agency’s activities related to this part, in collaboration with the State’s designated employee responsible for the State’s efforts to comply with and carry out, to the fullest extent, its responsibilities under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). To prepare and carry out a State plan described in subsection (f). To develop and implement high-quality professional development programs for local educational agencies and school personnel. To direct grants to rural and other local educational agencies without capacity to prepare an application for funds so that such local educational agencies may carry out the activities described in subsections

(e)and

(f)of section 338. To ensure that information about the program is disseminated to all local educational agencies and made publicly and readily available on the State educational agency’s website, including— the name and contact information for the individuals described in subparagraph (B); a list of subgrantees; and an explanation of the rights of students and responsibilities of schools under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), including investigation and complaint procedures as required under subsections

(a)and

(b)of section 106.8 of title 34, Code of Federal Regulations (as in effect on the date of the enactment of this part). From the funds made available to a State under this part, a State may reserve not more than 10 percent for State-level activities. The State shall distribute at least 90 percent of each State grant as subgrants to local educational agencies in accordance with section 338. The Coordinator for Education of Pregnant and Parenting Students in the State educational agency described in subsection (d)(1)(B) shall— gather information on the nature and extent of State and local efforts to prevent teen pregnancy and the nature and extent of barriers to educational access and success facing pregnant and parenting students in the State, including information on reported incidents of discrimination; develop and carry out the State plan described in subsection (f); collect and report information to the Secretary, such as the information described in subparagraphs

(A)through

(G)of section 340(a)(6); facilitate the coordination of services with the State agencies responsible for administering programs affecting children, youth, and families (including for the purposes of maximizing the leveraging of resources from such agencies), including— the State temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); the State Children's Health Insurance Program established under title XXI of the Social Security Program ( 42 U.S.C. 1397aa et seq. ); teen pregnancy prevention, family planning, and maternal and child health programs; the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); child care programs; early childhood education, home visitation, and child welfare programs; workforce investment programs and postsecondary education; housing assistance and homeless assistance programs; school-based health services programs; and programs carried out by federally qualified health centers (as defined in sections 1861(aa)(4) and 1905(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) and 1396d(a)(2)(B))), health centers (as defined in section 330 of the Public Health Service Act ( 42 U.S.C. 254b )), and outpatient health programs and facilities operated by tribal organizations; coordinate and collaborate with educators, service providers, and local educational agency pregnant and parenting student liaisons; provide technical assistance and training to local educational agencies, including the dissemination of best practices regarding pregnant and parenting students; and report to the Secretary any complaints received by the State about discrimination based on pregnancy or parenting status and what actions were taken to address those complaints. Pursuant to subsection (d)(1)(C), each State shall submit a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, to provide for the education of pregnant and parenting students. Such plan shall include the following: A description of how such students will be given the opportunity to meet the challenging student academic achievement standards under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ). The policy, protocol, or procedure that each local educational agency or State implements once a pregnancy has been discovered on campus including how each local educational agency ensures the student understands the student's rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). A description of how the State will identify pregnant and parenting students and plan for pregnant and parenting students to be enrolled, attend, and succeed in school. A description of training programs to raise awareness of school personnel regarding the rights and educational needs of pregnant and parenting students. A description of procedures designed to ensure that students eligible for Federal, State, or local food, housing, health care, or child care programs are informed of their eligibility for, assisted in enrolling in, and able to participate in such programs. A description of procedures designed to ensure that students eligible for Federal, State, or local after-school programs or supplemental educational services are enrolled in and able to participate in such programs. Strategies that respond to the problems identified under subsection (e)(1). A demonstration that the State and its local educational agencies have developed, reviewed, and revised policies to remove barriers to enrollment and retention of pregnant and parenting students in schools in the State. Assurances that— the State educational agency and the local educational agencies in the State will not stigmatize, discriminate against, or involuntarily segregate students on the basis of pregnancy or parenting; local educational agencies will designate a pregnant and parenting student liaison to communicate with the Coordinator for Education of Pregnant and Parenting Students in the State educational agency and oversee the provision of services at the local educational agency and school levels; and the State educational agency and local educational agencies will ensure that transportation is provided for students who have an inability to pay for transportation and who— choose to attend programs for pregnant and parenting students located outside of their school of origin; or need transportation to and from school and the student’s child care provider for the student and the student’s child, respectively. Description of how the State will ensure that local educational agencies comply with requirements of this part. A description of technical assistance to be provided to local educational agencies to assist the local educational agencies to meet the goals of this part. Each State and each local educational agency shall include in professional development and public education materials reference to, and shall ensure that school personnel, students, and family members of students are aware of, title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and its implementing regulations, which set forth the Federal civil right to be free from discrimination on the basis of a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. This includes the right to be free from harassment and stigmatization on those bases, as well as the following: The right to enroll in any school or program for which the student would otherwise qualify. If enrolled into a special program or separate school, the right to an education equal in quality to that offered to other students in the mainstream or originating school. The right to decline to participate in a specialized program or separate school. The right to continue the student's education in the school in which the student was enrolled, or would have been enrolled, prior to the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, including elementary or secondary schools, charter schools, honors and magnet programs, Advanced Placement and International Baccalaureate programs, career and technical education programs, special education and non-public school placements, alternative options or programs, migrant education, free and reduced lunch programs, services for English language learners, physical education programs, after-school academic programs, and any others for which the student is otherwise qualified. The right to— participate in school activities including graduations and other ceremonies; to receive awards or peer recognition; and to participate on field trips, student clubs and councils, in after-school activities, including cheerleading or athletics teams and in any other school-related programs, subject to providing a medical release if that is required of all students who have physical or emotional conditions requiring the attention of medical personnel and who want to continue participating. The right to the same benefits and services offered to students with other temporary disabilities. The right to an excused absence for as long as the student’s physician deems it medically necessary, without penalty, and automatic return to the status the student held prior to the leave of absence. The right not to be retaliated against for raising awareness of, complaining about, or reporting discrimination. Local educational agencies may coordinate with social services agencies, public health agencies, youth services providers, or other community-based organizations for the purposes of— ensuring that pregnant and parenting students have access to the academic support services they need to continue their education; and raising awareness among agencies about pregnant and parenting students and their educational rights and opportunities. The duties of a local educational agency’s pregnant and parenting student liaison shall include— identification, by consulting with school personnel, and by self-reports, of pregnant and parenting students in need of services to help the students stay in school and succeed; gathering information on the nature and extent of barriers to educational access and success facing pregnant and parenting students in the geographic area served by the local educational agency, including information on reported incidents of discrimination; ensuring and facilitating the continued enrollment of pregnant and parenting students in school in an academic program that best meets the educational goals of the student and his or her family; ensuring that the educational and related barriers faced by pregnant and parenting students are addressed, and that any services and referrals provided are culturally and linguistically competent; informing pregnant and parenting students of educational and related services extended to pregnant and parenting students and of their right under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) to continue their education; and coordinating the provision of services in conjunction with the Coordinator for Education of Pregnant and Parenting Students in the State educational agency and with community organizations and partners.

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