20 U.S.C. 1681 - Title IX of the Education Amendment

TITLE 20—EDUCATION

§ 1653
§ 1653. Omitted
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 students with respect to race, sex, religion, or socioeconomic status, be postponed until all appeals in connection with such orders have been exhausted or until
expiration of the time for such appeals, expired at midnight on Jan. 1, 1974.

§ 1654. Intervention authorization in implementation of court orders
A parent or guardian of a child, or parents or
guardians of children similarly situated, transported 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 discrimination
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 orders to achieve racial balance or insure compliance with constitutional standards applicable 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 existing 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.)
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in text, is
Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended.

Page 1028

Title IV of the Civil Rights Act of 1964 is classified generally to subchapter 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.
1682.
1683.
1684.
1685.
1686.
1687.
1688.

Sex.
Federal administrative enforcement; report
to Congressional committees.
Judicial review.
Blindness or visual impairment; prohibition
against discrimination.
Authority under other laws unaffected.
Interpretation with respect to living facilities.
Interpretation of ‘‘program or activity’’.
Neutrality with respect to abortion.

§ 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

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TITLE 20—EDUCATION

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.

§ 1681

(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.
(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.)
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 ‘‘Internal 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).
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 subsection (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, provided 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 20—EDUCATION

§ 1682

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 provisions 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

Page 1030

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.

‘‘Secretary’’ substituted for ‘‘Commissioner’’ in subsec. (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.

(Pub. L. 92–318, title IX, § 902, June 23, 1972, 86
Stat. 374.)

COORDINATION OF IMPLEMENTATION AND ENFORCEMENT
OF PROVISIONS

Functions of President relating to approval of rules,
regulations, and orders of general applicability under
this section, delegated to Attorney General, see section
1–102 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.

For provisions relating to the coordination of implementation 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.
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 regulations implementing the provisions of this chapter regarding prohibition of sex discrimination in federally
assisted programs, including reasonable regulations for
intercollegiate athletic activities considering the nature of the particular sports.

§ 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 (1) 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

DELEGATION OF FUNCTIONS

§ 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, and such action
shall not be deemed committed to unreviewable
agency discretion within the meaning of section
701 of that title.
(Pub. L. 92–318, title IX, § 903, June 23, 1972, 86
Stat. 374.)
CODIFICATION
‘‘Section 1682 of this title’’, where first appearing,
substituted in text for ‘‘section 1002’’ as conforming to
intent of Congress as Pub. L. 92–318 was enacted without any section 1002 and subsequent text refers to ‘‘section 902’’, which is classified to section 1682 of this
title.

§ 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.
(Pub. L. 92–318, title IX, § 904, June 23, 1972, 86
Stat. 375.)