More Resources Final Title IX Regulations

U.S. Secretary of Education Margaret Spellings today announced the release of final Title IX single-sex regulations that give communities more flexibility in offering additional choices to parents in the education of their children. Recognizing that some students learn better in a single sex class or school, the regulations give educators more flexibility, under Title IX, to offer single-sex classes, extracurricular activities and schools at the elementary and secondary education levels.

These new regulations amend existing regulations that implement Title IX of the Education Amendments of 1972 which prohibit sex discrimination in education programs or activities that receive federal funds. The final regulations will be published in the Federal Register on Wednesday, Oct. 25 and take effect Nov. 24, 2006.

"Research shows that some students may learn better in single-sex education environments," said Secretary Spellings. "The Department of Education is committed to giving communities more choices in how they go about offering varied learning environments to their students. These final regulations permit communities to establish single sex schools and classes as another means of meeting the needs of students. They also establish that enrollment in a single sex class should be a completely voluntary option for students and their families and they uphold the prohibitions against discrimination of Title IX. Every child should receive a high quality education in America and every school and district deserves the tools to provide it."

Title IX regulations have always permitted school districts to provide public single-sex elementary and secondary schools under certain circumstances. The new regulations expand upon this exception and make it easier to offer single-sex classes, activities or schools while ensuring that students of both sexes are treated in a manner that will satisfy the nondiscrimination requirements of Title IX. The new regulations do not require single-sex education, but make it easier for educators to offer, and parents and students to choose, single-sex educational opportunities while upholding nondiscrimination requirements. Enrollment in a single-sex class must be completely voluntary and a substantially equal coeducational class in the same subject must be provided.

Single-sex classes and extracurricular activities

Prior to today's announcement, the Title IX regulations generally prohibited single-sex classes and extracurricular activities in public and private coeducational schools with very limited exceptions such as for physical education classes involving contact sports or sex education classes. Under the new regulations, public and private coeducational elementary and secondary schools may offer single-sex classes and activities.

Under this new exception, non-vocational single-sex classes are permitted and must be substantially related to the achievement of an important objective such as improving the educational achievement of students, providing diverse educational opportunities or meeting the particular, identified needs of students. If a single-sex class is provided, the important objective must be implemented in a manner that treats male and female students even-handedly.

In some cases, a substantially equal single sex class in the same subject may be required in addition to the required coeducational class. The new regulations also require that school districts and private schools conduct evaluations of their single-sex classes at least every two years to ensure their compliance with regulatory requirements.

Single-sex schools

The previous regulations permitted school districts to provide single-sex public schools to students of one sex if it provided a comparable single-sex public school to students of the other sex. The new regulations create more flexibility because they permit a school district to provide a single-sex school to students of one sex if it offers a substantially equal single-sex or coeducational school to students of the other sex.

Private single-sex schools are not subject to the requirement to provide a substantially equal school for students of the other sex. Public or private institutions of vocational education that receive Federal financial assistance are prohibited by the Title IX statute from operating single-sex schools, even at the elementary and secondary education level, and single-sex vocational schools are not permitted under these new regulations.

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