[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR86.40]



[Page 413-414]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 86_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec.  86.40  Marital or parental status.



    (a) Status generally. A recipient shall not apply any rule 

concerning a student's actual or potential parental, family, or marital 

status which treats students differently on the basis of sex.

    (b) Pregnancy and related conditions. (1) A recipent shall not 

discriminate against any student, or exclude any student from its 

education program or activity, including any class or extracurricular 

activity, on the basis of such student's pregnancy, childbirth, false 

pregnancy, termination of pregnancy or recovery therefrom, unless the 

student requests voluntarily to participate in a separate portion of the 

program or activity of the recipient.

    (2) A recipient may require such a student to obtain the 

certification of a physician that the student is physically and 

emotionally able to continue participation so long as such a 

certification is required of all students for other physical or 

emotional conditions requiring the attention of a physician.

    (3) A recipient which operates a portion of its education program or 

activity separately for pregnant students, admittance to which is 

completely voluntary on the part of the student as provided in paragraph 

(b)(1) of this section shall ensure that the separate portion is 

comparable to that offered to non-pregnant students.

    (4) A recipient shall treat pregnancy, childbirth, false pregnancy, 

termination of pregnancy and recovery therefrom in the same manner and 

under the same policies as any other temporary disability with respect 

to any medical or hospital benefit, service, plan or policy which such 

recipient administers, operates, offers, or participates in with respect 

to students admitted to the recipient's educational program or activity.

    (5) In the case of a recipient which does not maintain a leave 

policy for its students, or in the case of a student who does not 

otherwise qualify for leave under such a policy, a recipient shall treat 

pregnancy, childbirth, false pregnancy, termination of pregnancy



[[Page 414]]



and recovery therefrom as a justification for a leave of absence for so 

long a period of time as is deemed medically necessary by the student's 

physician, at the conclusion of which the student shall be reinstated to 

the status which she held when the leave began.



(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 

U.S.C. 1681, 1682)



[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]