Title IX

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.

Exemptions from Title IX

1. Private Undergraduate Colleges
Title IX’s prohibition on discrimination in admissions applies only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education. 20 U.S.C. § 1681(a)(1); 34 C.F.R. § 106.15.  The prohibition on discrimination in admissions does not apply to private undergraduate colleges.  All other programs and activities of private undergraduate colleges (including single-sex colleges) are governed by Title IX if the college receives any Federal financial assistance.

2. Public Elementary and Secondary Schools
Title IX’s prohibition on discrimination in admissions applies only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education. 20 U.S.C. § 1681(a)(1); 34 C.F.R. § 106.15. A public school district therefore may offer a nonvocational single-sex school so long as it provides a substantially equal school to students of the excluded sex. All other programs and activities of public schools (including single-sex schools) are governed by Title IX if the school district receives any Federal financial assistance.

Public elementary and secondary schools are also subject to the sex discrimination prohibitions of the Equal Protection Clause of the U.S. Constitution and the requirements of the Equal Educational Opportunities Act of 1974.


3. Private Schools Controlled by Religious Organizations
Title IX does not apply to an educational institution that is controlled by a religious organization to the extent that application of Title IX would be inconsistent with the religious tenets of the organization. 20 U.S.C. § 1681(a)(3); 34 C.F.R. § 106.12.


4. Schools Training Individuals for Military Service or Merchant Marine
Title IX does not apply to an educational institution the primary purpose or which is the training of individuals for the military services of the United States or the merchant marine. 20 U.S.C. § 1681(a)(4); 34 C.F.R. § 106.13.


5. Social Fraternities or Sororities
Title IX does not apply to the membership practices of a social fraternity or social sorority if the active membership consists primarily of students in attendance at an institution of higher education and the fraternity or sorority is exempt from taxation under the Internal Revenue Code. 20 U.S.C. § 1681(a)(6)(A); 34 C.F.R. § 106.14(a). All other programs and activities of social fraternities and sororities are governed by Title IX if they receive any Federal financial assistance. Professional fraternities and sororities and service and honor societies are subject to the requirements of Title IX and may not exclude members on the basis of sex.  34 C.F.R. § 106.31(b)(7).
 
6. YMCA, YWCA, Girls Scouts, Boy Scouts, and Camp Fire Girls
Title IX does not apply to the membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, Girl Scouts, Boy Scouts, and Camp Fire Girls. 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(b). All other programs and activities of these organizations are governed by Title IX if they receive any Federal financial assistance.

7. Voluntary Youth Service Organizations
Title IX does not apply to the membership practices of voluntary youth service organizations. 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c). All other programs and activities of voluntary youth service organizations are governed by Title IX if they receive any Federal financial assistance.

In order to qualify for this exemption, membership in the organization must be voluntary, traditionally limited to members of one sex, and principally limited to persons under nineteen years old. A voluntary youth service organization also must facilitate public service opportunities for its members.


8. Boys or Girls Conferences Title IX does not apply to 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 any program or activity of any secondary school or educational institution specifically for the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference or the selection of students to attend any such conference. 20 U.S.C. § 1681(a)(7).