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School forces pregnancy tests, bans expectant teens

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    ACLU steps in with discrimination claims

  • Duration 3:53
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Orwell knew discrimination concerns in Louisiana.

A charter school there tried to implement a policy the force is girls to take pregnancy tests if teachers suspect they might be pregnant and then.

Bans any pregnant teen from attending school.

State education officials have now ordered the school to drop that policy judge -- -- Tonto is the Fox News senior judicial analyst hi judge okay.

So the -- you got involved in this and they had several arguments about why this is illegal but what say you.

Well this is clearly illegal because it violates the right to privacy but the school has certain rights as well here here's thing here's a conflict.

The Supreme Court said that the right to have children is a fundamental liberty in the government can't interfere with -- the government camp an issue for.

Supreme Court is also -- whether you are pregnant or not.

Is a matter for determination between you and your doctor and you don't have to tell -- you're pregnant so you have those rights which belong to the pupil.

The school has the right.

To administer its educational mission without undue interference from something a student is doing.

So in order for the school to punish the -- for being pregnant the school would have to demonstrate that -- pregnancy alone the status of being pregnant.

Materially interferes with the school's ability to deliver its educational product that would be a very difficult shilling for the school to make which is probably why.

The Louisiana Department of Education when -- found out about this -- plainly forget.

Yet now -- this charter school not part of the public school district but they still get state.

Funding so how much leeway did they have to set their own well -- -- they accept funding from the state or from the federal government.

We know they get state -- probably get federal government because the state Dallas probably originally came from the federal government.

In when they are subject to -- -- regulatory authorities of the state.

Then they assume what we call the mantle of the state meaning they can't do.

What the states can't do.

So they have the same constitutional requirements imposed on them as an ordinary every day public school does.

Which is to respect their right to privacy of the students I can understand.

Why the school -- want to discourage.

Young one currently kids that are 1516 and seventeen write from becoming pregnant.

But -- discouragement must take a a format that does not interfere.

With -- that privacy rights and.

Young girl she ACLU also made the point that they are encouraging.

Children to choose abortion over life which is a whole other issue that they bring up -- their suit but the -- -- the statement from the school.

It's self fly in which it says in part of the school reserves the right to require any female student to take a pregnancy test to confirm whether or not.

The suspects student is in fact pregnant -- the test indicate the student is pregnant the student will not be permitted to attend classes on the campus.

Of the Delhi charter school we should say that they also say that at home school them.

That is fundamentally.

Unconstitutional.

And discriminatory against -- person on the basis of someone else's suspicion.

A teacher suspects that you are pregnant it's just a suspicion.

You refused to confirm or deny that suspicion -- -- kicked out of school there -- in a court in the land in Louisiana or anywhere else that will accept that kind of a decision by administrators.

And and the fact that when the girl is pregnant they say well but we are accommodating her with -- she can just get the schooling at home that does not.

How well.

It makes the case a little bit easier for the school because it is willing to deliver the same services to our and it in another environment.

But the inconvenience visited upon the student without showing that her pregnancy is interfering.

With the ability of the teachers to teach and the administrators to administer.

Just wouldn't -- it's too much punishment.

For the exercise in the fundamental liberty which is the right to get pregnant right all right attendant upon very interesting case thank you so much.

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