January 12, 2024
House Education Committee Marks Up Pregnancy Rights Bill
A contentious markup in the House Committee on Education & the Workforce of the Pregnant Students’ Rights Act has the potential to plant another culture war issue on college campuses. On a 24-17 party-line vote favoring Republicans, the committee passed the bill after a heated debate that demarcated the pro-life versus pro-abortion rights positions of committee members.
The bill would amend the Higher Education Act to require institutions to provide information to prospective and enrolled students about pregnant students’ rights, accommodations, and protections while enrolled at the institution. Specifically, institutions would have to provide the following:
In her opening statement, Chairwoman Virginia Foxx (R-NC) said, “As for universities, it is their role to foster an environment of support and understanding, where pregnant students feel safe seeking guidance and assistance. Too often though, counselors fail to provide pregnant students with a complete picture of all the resources available to them. Therefore, the Pregnant Students’ Rights Act ensures that universities are not withholding resources and information about carrying the baby to term from pregnant students—such as a students’ potential right to modify class schedules for doctor visits. Also, the bill will inform students of their recourse to potential rights violations by filing a Title IX complaint with the Department of Education.”
Ranking Member Bobby Scott (D-VA) said in his opening remarks, “Although this bill purports to educate pregnant students about their academic rights and protections, its impact is much more sinister. By requiring institutions of higher education to only share information that encourages students to carry a pregnancy to term, they are potentially unduly influencing a woman’s choice by keeping her in the dark about all options available to her. Moreover, they fail to support—or even acknowledge—students who have different pregnancy-related outcomes, including those who may experience a miscarriage.
“Women should be able to control their own bodies, lives, and futures. By shielding students about health care choices, resources, and rights that are available to them, they are denying them the choice to decide what is best for themselves and their families.”
Several Democratic members derided the bill, all of whom described it as a “thinly veiled attempt to roll back women’s rights,” and noted that discrimination against pregnant students is currently covered under Title IX. Democrats offered amendments to include a full scope of information on sexual and reproductive health care and services for all students, and to expand existing programs that help parents with childcare, nutrition and health care. These amendments all failed.
Meanwhile, Republicans supported the bill as providing important information, support, resources, and accommodations for pregnant students to successfully pursue academics, and to foster a campus culture that allows a pregnant woman to complete her college education.
A similar bill has been introduced in the Senate by Sen. Marco Rubio (R-FL).
The bill would amend the Higher Education Act to require institutions to provide information to prospective and enrolled students about pregnant students’ rights, accommodations, and protections while enrolled at the institution. Specifically, institutions would have to provide the following:
- A list of campus and community resources to help a student through pregnancy and in caring for the baby after birth;
- Information about campus accommodations to help a student through pregnancy and in parenting the baby after birth; and
- How to file a complaint with the institution and with Department of Education under Title IX if the student believes there has been a violation of educational rights because of the pregnancy.
In her opening statement, Chairwoman Virginia Foxx (R-NC) said, “As for universities, it is their role to foster an environment of support and understanding, where pregnant students feel safe seeking guidance and assistance. Too often though, counselors fail to provide pregnant students with a complete picture of all the resources available to them. Therefore, the Pregnant Students’ Rights Act ensures that universities are not withholding resources and information about carrying the baby to term from pregnant students—such as a students’ potential right to modify class schedules for doctor visits. Also, the bill will inform students of their recourse to potential rights violations by filing a Title IX complaint with the Department of Education.”
Ranking Member Bobby Scott (D-VA) said in his opening remarks, “Although this bill purports to educate pregnant students about their academic rights and protections, its impact is much more sinister. By requiring institutions of higher education to only share information that encourages students to carry a pregnancy to term, they are potentially unduly influencing a woman’s choice by keeping her in the dark about all options available to her. Moreover, they fail to support—or even acknowledge—students who have different pregnancy-related outcomes, including those who may experience a miscarriage.
“Women should be able to control their own bodies, lives, and futures. By shielding students about health care choices, resources, and rights that are available to them, they are denying them the choice to decide what is best for themselves and their families.”
Several Democratic members derided the bill, all of whom described it as a “thinly veiled attempt to roll back women’s rights,” and noted that discrimination against pregnant students is currently covered under Title IX. Democrats offered amendments to include a full scope of information on sexual and reproductive health care and services for all students, and to expand existing programs that help parents with childcare, nutrition and health care. These amendments all failed.
Meanwhile, Republicans supported the bill as providing important information, support, resources, and accommodations for pregnant students to successfully pursue academics, and to foster a campus culture that allows a pregnant woman to complete her college education.
A similar bill has been introduced in the Senate by Sen. Marco Rubio (R-FL).
For more information, please contact:
Stephanie Giesecke