28.445—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 that treats students differently on the
basis of sex.
(b)
Pregnancy and related
conditions. (1) A recipient 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 as 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 that 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)
Subject to § 28.235(d), 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 that 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 that 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, and recovery
therefrom as a justification for a leave of
absence for as 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 that she held when the
leave began.