TITLE IX OF THE EDUCATION AMENDMENTS OF
1972
20 U.S.C. ยงยง 1681 - 1688
TITLE 20 - Education
CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29
sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
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Sec. 1681. Sex
(a) Prohibition against
discrimination; exceptions
No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
education program or activity receiving Federal financial assistance, except that:
(1) Classes of educational institutions subject to prohibition
in regard to admissions to educational institutions, this section shall apply only to
institutions of vocational education, professional education, and graduate higher
education, and to public institutions of undergraduate higher education;
(2) Educational institutions commencing planned change in admissions
in regard to admissions to educational institutions, this section shall not apply
(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case
of an educational institution which has begun the process of changing from being an
institution which admits only students of one sex to being an institution which admits
students of both sexes, but only if it is carrying out a plan for such a change which is
approved by the Secretary of Education or
(B) for seven years from the date an educational institution begins the process of
changing from being an institution which admits only students of only one sex to being an
institution which admits students of both sexes, but only if it is carrying out a plan for
such a change which is approved by the Secretary of Education, whichever is the later;
(3) Educational institutions of religious organizations with contrary religious tenets
this section shall not apply to an educational institution which is controlled by a
religious organization if the application of this subsection would not be consistent with
the religious tenets of such organization;
(4) Educational institutions training individuals for military services or merchant
marine
this section shall not apply to an educational institution whose primary purpose is the
training of individuals for the military services of the United States, or the merchant
marine;
(5) Public educational institutions with traditional and continuing admissions policy
in regard to admissions this section shall not apply to any public institution of
undergraduate higher education which is an institution that traditionally and continually
from its establishment has had a policy of admitting only students of one sex;
(6) Social fraternities or sororities; voluntary youth service organizations
this section shall not apply to membership practices -
(A) of a social fraternity or social sorority which is exempt from taxation under
section 501(a) of title 26, the active membership of which consists primarily of students
in attendance at an institution of higher education, or
(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl
Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are
so exempt, the membership of which has traditionally been limited to persons of one sex
and principally to persons of less than nineteen years of age;
(7) Boy or Girl conferences
this section shall not apply to -
(A) any program or activity of the American Legion undertaken in connection with the
organization or operation of any Boys State conference, Boys Nation conference, Girls
State conference, or Girls Nation conference; or
(B) any program or activity of any secondary school or educational institution
specifically for -
(i) the promotion of any Boys State conference, Boys Nation conference, Girls State
conference, or Girls Nation conference; or
(ii) the selection of students to attend any such conference;
(8) Father-son or mother-daughter activities at educational institutions
this section shall not preclude father-son or mother-daughter activities at an
educational institution, but if such activities are provided for students of one sex,
opportunities for reasonably comparable activities shall be provided for students of the
other sex; and
(9) Institution of higher education scholarship awards in "beauty" pageants
this section shall not apply with respect to any scholarship or other financial
assistance awarded by an institution of higher education to any individual because such
individual has received such award in any pageant in which the attainment of such award is
based upon a combination of factors related to the personal appearance, poise, and talent
of such individual and in which participation is limited to individuals of one sex only,
so long as such pageant is in compliance with other nondiscrimination provisions of
Federal law.
(b)
Preferential or disparate treatment because of imbalance in participation or receipt of
Federal benefits; statistical evidence of imbalance
Nothing contained in subsection (a) of this section shall be interpreted to require any
educational institution to grant preferential or disparate treatment to the members of one
sex on account of an imbalance which may exist with respect to the total number or
percentage of persons of that sex participating in or receiving the benefits of any
federally supported program or activity, in comparison with the total number or percentage
of persons of that sex in any community, State, section, or other area: *Provided*, That
this subsection shall not be construed to prevent the consideration in any hearing or
proceeding under this chapter of statistical evidence tending to show that such an
imbalance exists with respect to the participation in, or receipt of the benefits of, any
such program or activity by the members of one sex.
(c)"Educational
institution" defined
For purposes of this chapter an educational institution means any public or private
preschool, elementary, or secondary school, or any institution of vocational,
professional, or higher education, except that in the case of an educational institution
composed of more than one school, college, or department which are administratively
separate units, such term means each such school, college, or department.
(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568,
Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, Sec. 412(a), Oct. 12,
1976, 90 Stat. 2234; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17,
1979, 93 Stat. 677, 692; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the original "this
title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended
sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2
of Title 42, The Public Health and Welfare. For complete classification of title IX to the
Code, see Tables.
AMENDMENTS
1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of
1986" for "Internal Revenue Code of 1954", which for purposes of
codification was translated as "title 26" thus requiring no change in text.
1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for
"This" in par. (6) and added pars. (7) to (9).
1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6).
EFFECTIVE DATE OF 1976 AMENDMENT
Section 412(b) of Pub. L. 94-482 provided that: "The amendment made by subsection (a)
[amending this section] shall take effect upon the date of enactment of this Act [Oct. 12,
1976]."
EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-568 provided that: "The provisions of the amendment made
by subsection (a) [amending this section] shall be effective on, and retroactive to, July
1, 1972."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act
[enacting sections 1687 and 1688 of this title and section 2000d-4a of Title 42, The
Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section
6107 of Title 42, and enacting provisions set out as notes under sections 1687 and 1688 of
this title] may be cited as the 'Civil Rights Restoration Act of 1987'."
TRANSFER OF FUNCTIONS
"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant
to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections
3441(a)(1) and 3507 of this title and which transferred all functions of Commissioner of
Education to the Secretary of Education.
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the
provisions of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No.
12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42,
The Public Health and Welfare.
REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES
Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat. 612, provided that the
Secretary prepare and publish, not more than 30 days after Aug. 21, 1974, proposed
regulations implementing the provisions of this chapter regarding prohibition of sex
discrimination in federally assisted programs, including reasonable regulations for
intercollegiate athletic activities considering the nature of the particular sports.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1682, 1687 of this title.
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Sec.
1682. Federal administrative enforcement; report to Congressional committees
Each Federal department and agency which is empowered to extend Federal financial
assistance to any education program or activity, by way of grant, loan, or contract other
than a contract of insurance or guaranty, is authorized and directed to effectuate the
provisions of section 1681 of this title with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which shall be consistent
with achievement of the objectives of the statute authorizing the financial assistance in
connection with which the action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with any requirement
adopted pursuant to this section may be effected (1) by the termination of or refusal to
grant or to continue assistance under such program or activity to any recipient as to whom
there has been an express finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or refusal shall be limited
to the particular political entity, or part thereof, or other recipient as to whom such a
finding has been made, and shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found, or (2) by any other means
authorized by law: *Provided, however*, That no such action shall be taken until the
department or agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that compliance cannot be
secured by voluntary means. In the case of any action terminating, or refusing to grant or
continue, assistance because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file with the committees
of the House and Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds for such action. No
such action shall become effective until thirty days have elapsed after the filing of such
report.
(Pub. L. 92-318, title IX, Sec. 902, June 23, 1972, 86 Stat. 374.)
DELEGATION OF FUNCTIONS
Functions of the President relating to approval of rules, regulations, and orders of
general applicability under this section, were delegated to the Attorney General, see
section 1-102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under
section 2000d-1 of Title 42, The Public Health and Welfare.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1683 of this title.
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Sec. 1683. Judicial review
Any department or agency action taken pursuant to section 1682 of this title shall be
subject to such judicial review as may otherwise be provided by law for similar action
taken by such department or agency on other grounds. In the case of action, not otherwise
subject to judicial review, terminating or refusing to grant or to continue financial
assistance upon a finding of failure to comply with any requirement imposed pursuant to
section 1682 of this title, any person aggrieved (including any State or political
subdivision thereof and any agency of either) may obtain judicial review of such action in
accordance with chapter 7 of title 5, and such action shall not be deemed committed to
unreviewable agency discretion within the meaning of section 701 of that title.
(Pub. L. 92-318, title IX, Sec. 903, June 23, 1972, 86 Stat. 374.)
CODIFICATION
"'Section 1682 of this title"', where first appearing, was substituted for
"section 1002" as conforming to intent of Congress as Pub. L. 92-318 was enacted
without any section 1002 and subsequent text refers to "section 902", codified
as "section 1682 of this title".
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Sec.
1684. Blindness or visual impairment; prohibition against discrimination
No person in the United States shall, on the ground of blindness or severely impaired
vision, be denied admission in any course of study by a recipient of Federal financial
assistance for any education program or activity, but nothing herein shall be construed to
require any such institution to provide any special services to such person because of his
blindness or visual impairment.
(Pub. L. 92-318, title IX, Sec. 904, June 23, 1972, 86 Stat. 375.)
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Sec. 1685. Authority
under other laws unaffected
Nothing in this chapter shall add to or detract from any existing authority with
respect to any program or activity under which Federal financial assistance is extended by
way of a contract of insurance or guaranty.
(Pub. L. 92-318, title IX, Sec. 905, June 23, 1972, 86 Stat. 375.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning
title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of
Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public
Health and Welfare. For complete classification of title IX to the Code, see Tables.
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Sec.
1686. Interpretation with respect to living facilities
Notwithstanding anything to the contrary contained in this chapter, nothing contained
herein shall be construed to prohibit any educational institution receiving funds under
this Act, from maintaining separate living facilities for the different sexes.
(Pub. L. 92-318, title IX, Sec. 907, June 23, 1972, 86 Stat. 375.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning
title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of
Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public
Health and Welfare. For complete classification of title IX to the Code, see Tables.
This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as
amended, known as the Education Amendments of 1972. For complete classification of this
Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
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Sec.
1687. Interpretation of "program or activity"
For the purposes of this subchapter, the term "program or activity" and the
term "program" mean all of the operations of -
(1)
(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) the entity of such State or local government that distributes
such assistance and each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of assistance to a
State or local government;
(2)
(A) a college, university, or other postsecondary institution, or a
public system of higher education; or
(B) a local educational agency (as defined in section 198(a)(10) of
the Elementary and Secondary Education Act of 1965), system of vocational education, or
other school system;
(3)
(A) an entire corporation, partnership, or other private organization,
or an entire sole proprietorship -
(i) if assistance is extended to such corporation, partnership, private organization,
or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing education, health care,
housing, social services, or parks and recreation; or
(B) the entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case of any other
corporation, partnership, private organization, or sole proprietorship; or
(4) any other entity which is established by two or more of the entities described in
paragraph (1), (2), or (3);
any part of which is extended Federal financial assistance, except that such term does
not include any operation of an entity which is controlled by a religious organization if
the application of section 1681 of this title to such operation would not be consistent
with the religious tenets of such organization.
(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259, Sec. 3(a), Mar. 22,
1988, 102 Stat. 28.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning
title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of
Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public
Health and Welfare. For complete classification of title IX to the Code, see Tables.
FINDINGS OF CONGRESS
Section 2 of Pub. L. 100-259 provided that: "The Congress finds that -
"(1) certain aspects of recent decisions and opinions of the Supreme Court
have unduly narrowed or cast doubt upon the broad application of title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973
[29 U.S.C. 794], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and title VI
of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]; and
"(2) legislative action is necessary to restore the prior consistent and
long-standing executive branch interpretation and broad, institution-wide application of
those laws as previously administered."
CONSTRUCTION
Section 7 of Pub. L. 100-259 provided that: "Nothing in the amendments made by this
Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be
construed to extend the application of the Acts so amended [Education Amendments of 1972,
Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a note under section 1001 of
this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of
1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to
ultimate beneficiaries of Federal financial assistance excluded from coverage before the
enactment of this Act [Mar. 22, 1988]."
ABORTION NEUTRALITY
This section not to be construed to force or require any individual or hospital or any
other institution, program, or activity receiving Federal funds to perform or pay for an
abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of this
title.
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Sec. 1688. Neutrality
with respect to abortion
Nothing in this chapter shall be construed to require or prohibit any person, or public
or private entity, to provide or pay for any benefit or service, including the use of
facilities, related to an abortion. Nothing in this section shall be construed to permit a
penalty to be imposed on any person or individual because such person or individual is
seeking or has received any benefit or service related to a legal abortion.
(Pub. L. 92-318, title IX, Sec. 909, as added Pub. L. 100-259, Sec. 3(b), Mar. 22,
1988, 102 Stat. 29.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning
title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of
Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public
Health and Welfare. For complete classification of title IX to the Code, see Tables.
CONSTRUCTION
This section not to be construed to extend application of Education Amendments of 1972,
Pub. L. 92-318, to ultimate beneficiaries of Federal financial assistance excluded from
coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a note under
section 1687 of this title.
ABORTION NEUTRALITY
Section 8 of Pub. L. 100-259 provided that: "No provision of this Act or any
amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of
this title] shall be construed to force or require any individual or hospital or any other
institution, program, or activity receiving Federal Funds [sic] to perform or pay for an
abortion."
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