Pregnant Students’ Rights Act
What changed between versions
The core obligation on institutions was narrowed from providing information about 'the rights of, and resources for, pregnant students' generally to specifically 'the rights to... carry a baby to term.' This reframes the law from protecting pregnancy-related rights broadly to protecting only the decision to continue a pregnancy.
The complaint-filing language was narrowed from protecting against discrimination 'on account of such student's pregnancy, including a failure to accommodate such pregnancy, or childbirth' to only 'on account of such student's determination to carry a baby to term.' This removes protection for students who may be discriminated against for reasons related to pregnancy but who are not specifically choosing to carry to term.
A new finding (3) was inserted listing specific statistics about alleged mental health risks of abortion (anxiety, depression, alcohol use, suicidal behavior, marijuana use) and physical complications (breast cancer, premature births, infection, death). This replaces the original finding about students being unaware of their Title IX rights.
The information content requirement in section 485(n)(2) was changed from an illustrative list (using em dashes implying 'including but not limited to') to an exhaustive list ('The information described in this paragraph is the following'), meaning institutions are only required to provide exactly what is listed and nothing more.
A new rule of construction (section 485(n)(4)) was added stating that nothing in the subsection authorizes the Secretary of Education to require dissemination of additional information or establish additional rights beyond what is explicitly included. This limits regulatory flexibility and prevents the Department from expanding protections through rulemaking.
