Encl. (2) to COMDTINST 5350.20A
(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 Sec. 17.235(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
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under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy,