http://www.thenewsstar.com/article/20120806/NEWS01/120806025/Delhi-Charter-pregnancy-policy-draws-attention-ACLU?odyssey=nav|head

A Delhi Charter School policy that prevents pregnant female students
from attending school and can force them to take a pregnancy test to
continue attending school if administrators “suspect” pregnancy has
drawn the attention of the American Civil Liberties Union.

The ACLU sent a letter Monday requesting the school revise its policy
or the group will consider further legal action “including filing a
lawsuit and or complaint with the appropriate state or federal
enforcement agencies.”

Caroline Roemer Shirley, executive director of the Louisiana
Association of Charter Schools — of which Delhi Charter is a member —
agrees the policy could be problematic.

Delhi Charter School’s policy states the school seeks to maintain an
environment where students will learn and exhibit acceptable character
traits that govern language, gesture, physical actions and written
words.

“The school reserves the right to require any female student to take a
pregnancy test to confirm whether or not the suspect student is in
fact pregnant,” the policy reads.

The policy also allows the school to refer the student to a physician
of its choice. “If the test indicates that the student is pregnant,
the student will not be permitted to attend classes on the campus of
Delhi Charter School.”

Pregnant students wishing to continue attending Delhi Charter will be
required to enroll in a home study course while pregnant.

“They’re punishing girls for making the choice to have the child,”
Marjorie Esman, executive director of the ACLU of Louisiana said
Monday.

Students who refuse to take a pregnancy test are “treated as a
pregnant student and will be offered home study opportunities.”

The letter from the ACLU contends that the policy violates Title IX of
the Education Amendments of 1972 because it excludes students from
educational programs and activities based on sex and the equal
protection clause because it treats female students differently than
male students and relies on impermissible sexual stereotypes.

Esman said the policy is a pretext for sexual discrimination.

“It is based on archaic and pernicious stereotype that a girl’s
pregnancy sets a bad example for her peers,” she said in a news
release. “Male students who might also have engaged in sexual activity
or be expecting children are not subjected to similar action or risk.”

Shirley said that all public schools, including charter schools, must
abide by federal law.

“Perhaps the school was not aware of the protections under Title IX
(of the Education Amendments of 1972),” she said. “I am feeling a bit
frustrated that maybe not all of our schools are aware of these
compliance issues. I hope they will remedy this or explain why they
think they have the ability to do this.”

According to the National Women’s Law Center Title IX prohibits
schools which accept federal funds from discriminating against
students based on “actual or potential” parental, family or marital
status and a student’s “pregnancy, childbirth, false pregnancy,
termination of pregnancy or recovery there from.”

Board president Albert Christman could not be reached for comment.

The school’s headmaster Brett Raley was attending state Department of
Education training and was not available for comment.

“The right to attend school and to participate fully in activities
cannot be denied a student simply because she is, or may be pregnant,”
Esman said. “Pregnancy is not a disease and schools may not treat it
that way.”

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