The American Civil Liberties Union and the ACLU of Louisiana on Monday warned a public K-12 charter school in Louisiana that its policy violated federal laws and the U.S. Constitution.
Delhi Charter School’s policy manual states that the school has the right to require any female student to take a pregnancy test if teachers or administrators suspect they are pregnant. Those who test positive or refuse to take the test are prohibited from attending classes on campus. Instead, they must complete a home study course or withdraw from the school.
“Delhi Charter School has established an environment whereby the conduct of its students must be in keeping with the school’s goals and objectives relative to character development,” the policy manual says.
In a letter to the school, the ACLU said the policy violates Title IX of the Education Amendments of 1972, and the Equal Protection Clause and the Due Process Clauses of the U.S. constitution. The organization warned it would consider legal action if the school refused to change its policy.
“The pregnancy policy violates the rights of every girl at Delhi Charter School,” said Marjorie R. Esman, executive director of the ACLU of Louisiana.
“Every girl is at risk of being subject to intrusive medical testing, and possibly forced out of school, for reasons that have nothing to do with her education.”
Title IX explicitly prohibits schools from excluding a female student from class because she is pregnant.
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