(Title 20 U.S.C. Sections 1681-1688)
Section 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 admists 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, whichever is the later;
(3) Educational institutions of religious organizations with
contrary religious tenets
this section shall not apply to any educational institution which is
controlled by a religious organization if the application of this
subsection would not be consistent with the religious tenents 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) Institutions 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 the 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.
Section 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 (l) 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.
Section 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, United States Code, and such action shall not be
deemed committed to unreviewable agency discretion within the meaning of
section 701 of that title.
Section 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.
Section 1685. Authority under other laws unaffected
Nothing in this chaper 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.
Section 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.
Section 1687. Interpretation of "program or activity"
For the purposes of this title, the term "program or activity" and
"program" mean all of the operations of --
(l)(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 distributed
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 section2854(a)(10) of
this title, 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 (l), (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 if this title to such operation would not be consistent with the
religious tenets of such organization.
Section 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.
Obtained from
http://www.dol.gov/oasam/regs/statutes/titleix.htm .
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