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Legislation Document
SPONSOR:
Sen. Hoffner & Rep. K. Johnson
Sens. Hansen, Lockman, Sokola; Reps. Burns, Gorman, Morrison, Kamela Smith, Snyder-Hall
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 277
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ATTENDANCE AND ACCOMMODATIONS FOR PREGNANT AND PARENTING STUDENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 27, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2708. Accommodations for students related to pregnancy and parenting.
(a) No person shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any education program or activity receiving approval or financial assistance from the State on the basis of pregnancy, childbirth, or related conditions, including lactation, their status in a parent-child relationship as defined in §§ 8-201(a)(1) and 8-201(b)(1-3) of Title 13, or their status as a guardian charged with caring for a child during the child’s minority.
(b) Any educational program or activity receiving approval or financial assistance from the State must provide for the following accommodations for a pregnant or parenting student:
(1) Excuse all absences for students who are pregnant or will be in a parent-child relationship, for the following:
a. Labor.
b. Delivery.
c. Medical appointments related to the student’s pregnancy or postpartum health that the student’s health-care provider states in writing are medically necessary.
(2) Excuse at least 5 days of health-related absences for a student who has a pregnancy related health need or illness. Additional days must be excused if the student provides a health-care provider’s note to the school explaining the need for additional absences due to health needs related to pregnancy, childbirth, or related conditions. A student may not be penalized while they obtain a health-care provider’s note and must be given at least 30 days to obtain a note.
(3) Provide at least 6 weeks of excused absences for the student giving birth to a child that commence immediately following the birth of the student’s child and must be taken on consecutive days thereafter. Students may be required to provide a health-care provider’s note stating their due date or delivery date but may not be required to provide any additional documentation. Additional days must be excused if the student provides a health-care provider’s note to the school explaining the need for additional excused absence due to the birth of a child. A student may not be penalized while they obtain a health-care provider’s note and must be given at least 30 days to obtain a note.
(4) Excuse absences due to an illness or a medical appointment of the student’s child, including up to 4 days of absences per school year for which the school may not require a note from a health-care provider.
(5) Excuse absences due to court appearances, medical services, and related needs in matters of adoption, foster care, custody, visitation, child support, domestic violence, dating violence, sexual assault, and stalking involving a student who is pregnant or in a parent-child relationship.
(6) For a lactating student, access to a private, clean, and secure room free from intrusion, which may include a nurse’s office but may not include a restroom, to express milk. The room must include access to a power source for a breast pump or related equipment used to express milk, a comfortable chair, table for any lactation equipment, lighting, ventilation, and a means to secure the door. The room must be in reasonable proximity to the student’s place of study. The student may bring any lactation equipment into the school. The school must provide the student with access to a refrigerator to store expressed milk safely and in a reasonable proximity to the room being used to express milk.
(7) Access to equipment or transportation services such as reserved parking spaces, elevator access, or modified transportation schedules.
(8) Modification to the student’s schedule such as altered course sequence, changes in course load in either reduction or increase, online access to class or remote learning, extensions of time for coursework and rescheduling of tests or assignments, or testing accommodations such as extended time, alternate locations, and take-home examinations; and physical accommodations such as providing desks or chairs of appropriate size and support. When the student returns from a pregnancy or parenting related event, the school must ensure the student is able to return to where they were in their coursework prior to the event.
(9) Any reasonable accommodations for academic supports such as tutoring, supplemental instruction, learning support, and counseling.
(10) For a parenting student, breaks during classes, athletics, and extracurricular activities as reasonably needed to attend to emergency childcare needs
(11) A student may not be forced to accept any accommodation listed in this section if they do not wish to receive the accommodation.
(12) For purposes of this section, “health-care provider” means an individual licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.
(c) A student may not incur an academic penalty as a result of their use of any reasonable accommodation specified in subsection (b) of this section. Following an absence or missed class time, the school shall allow the student to make up missed work in a reasonable amount of time, not less than the number of days the student was absent, and must provide the student with the same options to make up the missed work as a student who was absent because of an illness.
(d) Except as otherwise provided in this section, a school may not require documentation, such as a health-care provider’s note, or impose other requirements to excuse pregnancy-related absences or grant pregnancy-related accommodations.
(e) The Department of Education shall promulgate regulations and guidance necessary to implement and enforce this section.
Section 2: If this Act is enacted before or on July 1, 2026, this Act takes effect on July 1 of the first full year following its enactment into law. If this Act is enacted after July 1, 2026, this Act takes effect on July 1 following its enactment into law.
SYNOPSIS
This Act establishes comprehensive protections and reasonable accommodations for pregnant and parenting students in all Delaware schools receiving state approval and financial assistance.
This Act provides the following protections:
1. Mandatory excused absences: Schools must excuse absences for labor, delivery, prenatal and postnatal appointments, and up to 5 days for pregnancy related illness. It also mandates 6 weeks of excused leave following childbirth. It provides coverage for absences related to a child’s illness or legal proceedings involving the child.
2. Physical and environmental accommodations: The Act requires school to provide private and secure lactation rooms as well as physical modifications to learning environments like increased desk sizes, access to elevators or modified transportation schedules.
3. Academic flexibilities: Students are entitled to schedule modifications, including altered course sequences, remote learning options, extensions of time, or rescheduling of examinations.
4. Academic protections: A student may not incur an academic penalty for utilizing these accommodations. Following an absence, the school must allow the student to make up work in a timeframe at least equal to the duration of the absence and the same options make up the work that are provided to other students with standard illnesses
5. Documentation and privacy: Schools are generally prohibited from requiring medical documentation to excuse absences or grant accommodations except where explicitly noted.
Author: Senator Hoffner