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A Skeleton in the Closet: Single-Sex Schools for Pregnant Girls
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Journal Article
A Skeleton in the Closet: Single-Sex Schools for Pregnant Girls
1998
Overview
One of the many challenges that a pregnant teenager faces is the completion of her education. Multiple hurdles stand in her way, and in response, some school districts have established separate schools for pregnant girls. These programs which apparently comply with the Constitution and the relevant federal statutes, Title IX and the EEOA, receive little public and legal scrutiny. This Note considers the legal status of these pregnancy schools in light of controversy over other forms of single-sex education, particularly, the Virginia Military Institute, the Citadel in South Carolina, and the Young Women's Leadership School in East Harlem, NY. Recognizing the constitutional distinction between pregnant and non-pregnant people, this Note focusses instead on the federal statutes and regulations and their guarantee to pregnant students of an education comparable to that offered nonpregnant students. This Note contends that the disparate treatment of pregnancy schools is likely a consequence of society's discomfort with pregnancy and female sexuality. As pregnancy is such a complex gender issue, pregnancy-related classifications require the same level of scrutiny that is applied to gender-based classifications. This Note proposes that because Title IX, as bolstered by the EEOA, promises identical treatment of pregnant and nonpregnant students, the statutes must be read to provide the same protection to smoke out invidious discrimination whether it is based on gender or pregnancy.
