Office Of Civil Rights Guidance- Single Sex Classes and Extracurricular Activities

On December 1, 2014 the United States Department of Education- Office of Civil Rights issued a “significant guidance document” on the issues/limitations of providing single sex classes and extracurricular activities in elementary and secondary Schools under Title IX.

The general rule under Title IX is that public schools (as recipients of federal funding) may not exclude, separate, deny benefits to, or otherwise treat differently any person on the basis of sex in its educational programs or activities unless expressly authorized to do so under Title IX or Department of Education’s implementing regulations. 34 C.F.R. section 106.34(a). However the regulations do provide that a recipient (school district) may intentionally separate students by sex: for contact sports in physical education classes; classes or portions of classes in elementary and secondary schools that deal primarily with human sexuality; and non-vocational classes and extracurricular activities within a coeducational, non-vocational elementary or secondary school if certain criteria are met.

The guidance document can be found at GUIDANCE

If you have further questions about the guidance or Title IX, Equal Protection Clause, Title IV or Equal Educational Opportunities Act (EEOA) matters, Dina Atwood or Patti Page can assist you.