Single Sex Classes and Schools

Single Sex Classes

Title IX generally prohibits recipients of Federal funds from offering education programs or activities separately on the basis of sex.  However, Section 106.34 of the 2020 Title IX Regulations delineates the following instances when same sex classes or activities are permissible.

1. Contact sports in physical education classes: Title IX does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.

2. Ability grouping in physical education classes and activities: Title IX does not prohibit grouping students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

3. Human sexuality classes: Classes or portions of classes in elementary and secondary schools that deal primarily with human sexuality may be conducted in separate sessions for boys and girls.

4. Choruses: Recipients of Federal funds may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.

Additionally, a nonvocational coeducational elementary or secondary school may provide nonvocational single-sex classes or extracurricular activities, if each single-sex class or activity is based on the important objective to improve educational achievement of its students, through an overall established policy to provide diverse educational opportunities or to meet the particular, identified educational needs of its students, provided that

1. The single-sex nature of the class or activity is substantially related to achieving that objective;

2. The objective is implemented in an evenhanded manner;

3. Student enrollment in a single-sex class or extracurricular activity is completely voluntary; and

4. The school provides to all other students, including students of the excluded sex, a substantially equal coeducational class or extracurricular activity in the same subject or activity.

A school that provides a single-sex class or extracurricular activity may also be required to provide a substantially equal single-sex class or extracurricular activity for students of the excluded sex.

The Office for Civil Rights recommends consultation with legal counsel prior to offering single-sex classes.

Single Sex Schools

A district that operates a public nonvocational elementary or secondary school that excludes from admission any students, on the basis of sex, must provide students of the excluded sex a substantially equal single-sex school or coeducational school.  However, a nonvocational public charter school that is a single-school local educational agency under State law may be operated as a single-sex charter school without regard to this requirement.  The term “school” includes a “school within a school.”

The Office for Civil Rights recommends consultation with legal counsel prior to offering single-sex schools.

Access to Institutions of Vocational Education

A recipient shall not, on the basis of sex, exclude any person from admission to any institution of vocational education operated by that recipient.  (Section 106.35 of the 2020 Title IX Regulations)

Counseling and Use of Appraisal and Counseling Materials

A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission.  For more detailed information, see Section 106.36 of the 2020 Title IX Regulations.

Additional Guidance on Single Sex Classes and Schools

• Dec 2014 Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities
• Jan 2007 Guidance on Notification of New Single-Sex Regulations
• May 2002 Single-Sex Classes and Schools: Guidelines on Title IX Requirements
• May 2002 OCR: Notice of Intent to Regulate regarding Single Sex Classes and Schools