Title IX of the Education Amendments of 1972 prohibits gender discrimination. Although pregnancy has been described as the "quintessential sex difference," Title IX's prohibition of gender discrimination in the context of parenting and pregnant students has often been left out of the discussion, and therefore the understanding, of the implementation of Title IX Regulations. The scholarship discussing the topic shows general agreement that the language and spirit of Title IX has not been given effect thus far by our schools or by some courts. This Article begins by looking to the Title IX regulations themselves and then to the research indicating that this aspect of Title IX has yet to be fulfilled. With that understanding, it turns to the litigation landscape to identify trends in the case law, including strengths, weaknesses, and gaps. Next, this Article looks to societal impacts, specifically lack of awareness, discourses and legal mobilization, in order to garner an understanding of why the Title IX Regulations for pregnant and parenting teens have not been more strongly implemented in schools or litigated in courts.
Parenting and Pregnant Students: An Evaluation of the Implementation of the Other Title IX,
Mich. J. Gender & L.
Available at: https://repository.law.umich.edu/mjgl/vol17/iss2/2