20 U.S.C. § 1681 — Sex

Page 1025 TITLE 20—EDUCATION § 1681 § 1653. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–318, title VIII, § 803, June 23, 1972, 86 Stat. 372, provided that the effectiveness of orders of district courts requiring transfer or transportation of students for purposes of achieving a balance among stu- dents with respect to race, sex, religion, or socio- economic status, be postponed until all appeals in con- nection with such orders have been exhausted or until expiration of the time for such appeals, expired at mid- night on Jan. 1, 1974. § 1654. Intervention authorization in implemen- tation of court orders A parent or guardian of a child, or parents or guardians of children similarly situated, trans- ported to a public school in accordance with a court order, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. (Pub. L. 92–318, title VIII, § 804, June 23, 1972, 86 Stat. 372.) § 1655. Uniform rules of evidence of racial dis- crimination The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States. (Pub. L. 92–318, title VIII, § 805, June 23, 1972, 86 Stat. 372.) § 1656. Prohibition against official or court or- ders to achieve racial balance or insure com- pliance with constitutional standards appli- cable to entire United States The proviso of section 407(a) of the Civil Rights Act of 1964 [42 U.S.C. 2000c–6(a)] providing in substance that no court or official of the United States shall be empowered to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the ex- isting power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV [42 U.S.C. 2000c et seq.], under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States. (Pub. L. 92–318, title VIII, § 806, June 23, 1972, 86 Stat. 373.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title IV of the Civil Rights Act of 1964 is classified generally to sub- chapter IV (§ 2000c et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. CHAPTER 38—DISCRIMINATION BASED ON SEX OR BLINDNESS Sec. 1681. Sex. 1682. Federal administrative enforcement; report to Congressional committees. 1683. Judicial review. 1684. Blindness or visual impairment; prohibition against discrimination. 1685. Authority under other laws unaffected. 1686. Interpretation with respect to living facili- ties. 1687. Interpretation of ‘‘program or activity’’. 1688. Neutrality with respect to abortion. 1689. Task Force on Sexual Violence in Education. § 1681. Sex (a) Prohibition against discrimination; excep- tions 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 dis- crimination under any education program or ac- tivity receiving Federal financial assistance, ex- cept that: (1) Classes of educational institutions subject to prohibition in regard to admissions to educational insti- tutions, this section shall apply only to insti- tutions 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 insti- tutions, 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 edu- cational institution which has begun the proc- ess 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 Sec- retary of Education or (B) for seven years from the date an educational institution be- gins the process of changing from being an in- stitution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is car- rying out a plan for such a change which is ap- proved by the Secretary of Education, which- ever is the later; (3) Educational institutions of religious organi- zations with contrary religious tenets this section shall not apply to an edu- cational institution which is controlled by a religious organization if the application of Page 1026 TITLE 20—EDUCATION § 1681 this subsection would not be consistent with the religious tenets of such organization; (4) Educational institutions training individ- uals for military services or merchant ma- rine this section shall not apply to an edu- cational 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 tradi- tional and continuing admissions policy in regard to admissions this section shall not apply to any public institution of under- graduate higher education which is an institu- tion that traditionally and continually from its establishment has had a policy of admit- ting 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 at- tendance at an institution of higher edu- cation, or (B) of the Young Men’s Christian Associa- tion, 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 per- sons 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 Amer- ican Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation con- ference; or (B) any program or activity of any sec- ondary school or educational institution specifically for— (i) the promotion of any Boys State con- ference, Boys Nation conference, Girls State conference, or Girls Nation con- ference; 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 rea- sonably comparable activities shall be pro- vided 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 indi- vidual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other non- discrimination provisions of Federal law. (b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of im- balance Nothing contained in subsection (a) of this section shall be interpreted to require any edu- cational institution to grant preferential or dis- parate 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 num- ber or percentage of persons of that sex in any community, State, section, or other area: Pro- vided, That this subsection shall not be con- strued to prevent the consideration in any hear- ing or proceeding under this chapter of statis- tical evidence tending to show that such an im- balance exists with respect to the participation in, or receipt of the benefits of, any such pro- gram or activity by the members of one sex. (c) ‘‘Educational institution’’ defined For purposes of this chapter an educational in- stitution means any public or private preschool, elementary, or secondary school, or any institu- tion of vocational, professional, or higher edu- cation, except that in the case of an educational institution composed of more than one school, college, or department which are administra- tively separate units, such term means each such school, college, or department. (Pub. L. 92–318, title IX, § 901, June 23, 1972, 86 Stat. 373; Pub. L. 93–568, § 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94–482, title IV, § 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes 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 Short Title note below and Tables. AMENDMENTS 1986—Subsec. (a)(6)(A). Pub. L. 99–514 substituted ‘‘In- ternal 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). Page 1027 TITLE 20—EDUCATION § 1682 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–482, title IV, § 412(b), Oct. 12, 1976, 90 Stat. 2234, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976].’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–568, § 3(b), Dec. 31, 1974, 88 Stat. 1862, pro- vided 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, § 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 provi- sions set out as notes under sections 1687 and 1688 of this title] may be cited as the ‘Civil Rights Restoration Act of 1987’.’’ SHORT TITLE Pub. L. 107–255, Oct. 29, 2002, 116 Stat. 1734, provided ‘‘That title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.; Public Law 92–318) [title IX of Pub. L. 92–318, enacting this chapter and amending 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] may be cited as the ‘Patsy Takemoto Mink Equal Opportunity in Education Act’.’’ TRANSFER OF FUNCTIONS ‘‘Secretary’’ substituted for ‘‘Commissioner’’ in sub- sec. (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 functions of Commissioner of Education to Secretary of Education. REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES Pub. L. 93–380, title VIII, § 844, Aug. 21, 1974, 88 Stat. 612, directed Secretary to prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regula- tions implementing the provisions of this chapter re- garding prohibition of sex discrimination in federally assisted programs, including reasonable regulations for intercollegiate athletic activities considering the na- ture of the particular sports. Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation 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 under section 2000d–1 of Title 42, The Public Health and Welfare. EX. ORD. NO. 14021. GUARANTEEING AN EDUCATIONAL EN- VIRONMENT FREE FROM DISCRIMINATION ON THE BASIS OF SEX, INCLUDING SEXUAL ORIENTATION OR GENDER IDENTITY Ex. Ord. No. 14021, Mar. 8, 2021, 86 F.R. 13803, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of my Administra- tion that all students should be guaranteed an edu- cational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual ori- entation or gender identity. For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimina- tion on the basis of sex in education programs or ac- tivities receiving Federal financial assistance. SEC. 2. Review of Agency Actions. (a) Within 100 days of the date of this order [Mar. 8, 2021], the Secretary of Education, in consultation with the Attorney General, shall review all existing regulations, orders, guidance documents, policies, and any other similar agency ac- tions (collectively, agency actions) that are or may be inconsistent with the policy set forth in section 1 of this order, and provide the findings of this review to the Director of the Office of Management and Budget. (i) As part of the review required under subsection (a) of this section, the Secretary of Education shall review the rule entitled ‘‘Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,’’ 85 FR 30026 (May 19, 2020), and any other agency actions taken pursuant to that rule, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (ii) As soon as practicable, and as appropriate and consistent with applicable law, the Secretary of Edu- cation shall review existing guidance and issue new guidance as needed on the implementation of the rule described in subsection (a)(i) of this section, for con- sistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (iii) The Secretary of Education shall consider sus- pending, revising, or rescinding—or publishing for no- tice and comment proposed rules suspending, revising, or rescinding—those agency actions that are incon- sistent with the policy set forth in section 1 of this order as soon as practicable and as appropriate and consistent with applicable law, and may issue such re- quests for information as would facilitate doing so. (b) The Secretary of Education shall consider taking additional enforcement actions, as appropriate and consistent with applicable law, to enforce the policy set forth in section 1 of this order as well as legal pro- hibitions on sex discrimination in the form of sexual harassment, which encompasses sexual violence, to the fullest extent permissible under law; to account for intersecting forms of prohibited discrimination that can affect the availability of resources and support for students who have experienced sex discrimination, in- cluding discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students who identify as lesbian, gay, bisex- ual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school pro- cedures are fair and equitable for all. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, ad- ministrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 1682. Federal administrative enforcement; re- port to Congressional committees Each Federal department and agency which is empowered to extend Federal financial assist-