I left an un-returned voice mail for someone in Health Services, and emailed the superintendent's office:
I would like to know if AISD has a policy regarding breastfeeding parents on school campuses. Breastfeeding is protected by law (Sec. 165.002. RIGHT TO BREAST-FEED. A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.) yet parents of students complain on occasion and I have known principals to side with those parents rather than the legally protected parent. If there is a policy, what is it and is it a written policy? And where are parents authorized to be in a school? Thank you for the information.
Eight days later, the response:
"Dear Ms. Donmoyer,
Yes. AISD employs a policy, DEA (LEGAL), embodied in State statute, regarding breaks for nursing mothers. The policy itself addresses the rights of employees to express breast milk for one year after a child's birth, and further ensures that the District provide a location, other than a bathroom, that is shielded from view from intrusion from coworkers and the public for such purpose. This, and other policies regarding parental rights as to their children and student privacy rights, have established a long-standing practice in AISD to provide a location, other than a bathroom, that is shielded from view by others, to allow a parent the right to breast feed on campus, if necessary. The Campus Principal is vested with the discretion to identify a suitable location on campus for such activity.
Thank you for your patience and understanding as the District seeks to balance the interests of many stakeholders on this and numerous other issues affecting schools."
The thing is, the Fair Labor Standards Act that ensures a private room is provided for lactation has virtually nothing to do with Texas Health and Safety Code 165.002, short of the fact that they both relate to breastfeeding. This practice may be wrapped up in the guise of legality, but I don't think it could fool anyone. It's a violation twice, of a right, and of the law intended to ensure that right.