20 U.S.C. § 1681 : US Code - Section 1681: Sex

Search 20 U.S.C. § 1681 : US Code - 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 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.