Laws that Protect Lactating Teens at School

Federal and State Laws

Chart of Federal and State laws requiring school districts accommodate and not discriminate against lactating employees and students

California Law

Pupil Services: Lactation Accommodation 2015, Assembly Bill 302, Garcia, Education Code 222

Requires a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide, only if there is at least one lactating pupil on the school campus, reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Requires that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, access to a power source for that equipment, and access to a place to safely store expressed breast milk.

It also requires that a lactating pupil on a school campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child.

This code prohibits a pupil from incurring an academic penalty as a result of her use, during the schoolday, of these reasonable accommodations.

A complaint of noncompliance with the requirements of the code to be filed with the local educational agency, and would require the local educational agency to respond to such a complaint, in accordance with specified procedures. A complainant to appeal a decision of the local educational agency to the State Department of Education and would require the department to issue a written decision within 60 days of its receipt of the appeal. Requires a local educational agency to provide a remedy to the affected pupil if the local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal.

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