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Thread: School policy forces students to take pregnancy tests, bans pregnant teens[W:150]

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by rathi View Post
    You make up a ridiculous scenario you get a ridiculous (but legally correct) answer.

    Is that what you call your absurd response? Legally correct? Maybe in the mind of a liberal ACLU supporter but not in the real world where the intent of laws is based.


    Quote Originally Posted by rathi View Post
    Title IX absolutely prevents discrimination based on pregnancy. The Chipman v. Grant County School case provides a good example.
    No it doesn’t. In the case you quote, the plaintiffs were never asked about the status of their sexuality or informed of a rule such as this.
    The plaintiffs in this case agreed, before attending the defendant school, to the terms and conditions set forth by the school. I’m sorry but you are comparing apples to oranges.

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
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    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by GPS_Flex View Post
    Is that what you call your absurd response? Legally correct? Maybe in the mind of a liberal ACLU supporter but not in the real world where the intent of laws is based.

    No it doesnít. In the case you quote, the plaintiffs were never asked about the status of their sexuality or informed of a rule such as this.
    The plaintiffs in this case agreed, before attending the defendant school, to the terms and conditions set forth by the school. Iím sorry but you are comparing apples to oranges.
    This is incorrect. Discrimination based on pregnancy is prohibited under Title IX. It doesn't matter what rules the school did or didn't set, they can't do it period.

    ß 106.40 Marital or parental status.
    (a) Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which 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 so 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 which 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) 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 which 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 which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.

    (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)

    [45 FR 30955, May 9, 1980, as amended at 65 FR 68056, Nov. 13, 2000]
    34 C.F.R. Part 106
    Last edited by Kandahar; 08-07-12 at 10:50 PM.
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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by GPS_Flex View Post
    ...The plaintiffs in this case agreed, before attending the defendant school, to the terms and conditions set forth by the school...
    The thing is, if the "plaintiffs" who agreed were minors, they were legally unable to sign a binding contract. If the "plaintiffs" who agreed were adults of the minor children, the contract is unenforceable not only because it was coerced, but because they cannot by federal law relinquish their children's constitutional rights.

    Kandahar is the expert on constitutional law, but even a legal layperson understands that a coerced contract, or a contract which gives up the constitutional rights of oneself or others is unenforceable and illegal.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by Kandahar View Post
    This has a disparate impact on females, since no effort is apparently being made to mandate paternity tests (at least not that's mentioned in the story) and expel the father. And even if there was, it is not immediately obvious from appearances who the father is whereas a pregnancy is obvious. Since this has a disparate impact on women, it is a violation of Title IX. Furthermore, mandating a pregnancy test constitutes an unlawful search and seizure, as the school does not have a warrant and pregnancy is not illegal.
    A disparate impact on females? Are you implying that women have no choice when it comes to having sex? Even if that were the case, do you think it is wise to base law upon the technological abilities of a prosecutor to determine who the co-conspirators to a crime are before convicting someone caught with a smoking gun in their hands?

    Your position would result in no convictions of criminals who had co-conspirators if the co-conspirator can’t be found and convicted. The fact that there was likely a male participant has no relevance to whether the female violated the agreement that she signed with the school.
    Last edited by GPS_Flex; 08-07-12 at 11:03 PM.

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    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by GPS_Flex View Post
    A disparate impact on females? Are you implying that women have no choice when it comes to having sex?
    It is more obvious when a girl is pregnant than when a boy has fathered a child. Therefore, disparate impact.

    Even if that were the case, do you think it is wise to base law upon the technological abilities of a prosecutor to determine who the co-conspirators to a crime are before convicting someone caught with a smoking gun in their hands?
    Pregnancy is not illegal.
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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by Kandahar View Post
    This is incorrect. Discrimination based on pregnancy is prohibited under Title IX. It doesn't matter what rules the school did or didn't set, they can't do it period.



    34 C.F.R. Part 106
    You missed this part: “unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.” the student requested home schooling when she became pregnant.

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
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    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    All this babble of illegality is a waste of time unless we know of the documents signed when enrolling in this school. Any number of conditional enrollment policies could exist here.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by GPS_Flex View Post
    You missed this part: “unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.”
    If the student volunteers to participate in a separate program, that's a different matter. That's no indication that this school's policy is limited to volunteers.

    the student requested home schooling when she became pregnant.
    What are you talking about? This story is about a school policy, not some specific student requesting homeschooling.
    Last edited by Kandahar; 08-07-12 at 11:17 PM.
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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by Kandahar View Post
    It is more obvious when a girl is pregnant than when a boy has fathered a child. Therefore, disparate impact.
    Determining the father is simple; it is on the birth certificate because the mother knows who she had sex with. If she doesn’t know who she is having sex with, she shouldn’t be attending a charter school.


    Quote Originally Posted by Kandahar View Post
    Pregnancy is not illegal.
    No, it is an adult issue that you want to extend to children. Do you support child porn too? If not, why?

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
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    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

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    Re: School policy forces students to take pregnancy tests, bans pregnant teens

    Quote Originally Posted by GPS_Flex View Post
    Determining the father is simple; it is on the birth certificate because the mother knows who she had sex with.
    There is no indication that the school has any similar policy for fathers, nor is a name on a birth certificate sufficient evidence of anything to expel a student (even if such explusion were justified in the first place, which it isn't).

    If she doesn’t know who she is having sex with, she shouldn’t be attending a charter school.
    Yet another judgmental, double-standard, misogynistic statement that has nothing to do with getting an education.

    No, it is an adult issue that you want to extend to children. Do you support child porn too? If not, why?
    WTF are you talking about? I already showed you the specific parts of federal law that ban discrimination on the basis of pregnancy, on the basis of gender, and prohibit unlawful search and seizure. Yet you want to talk about child porn and your weird fantasies about peeping on high school girls. I'm done responding to your idiotic posts. You're trolling.
    Last edited by Kandahar; 08-07-12 at 11:25 PM.
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