Title IX, Education Amendments of 1972 - Title 20 U.S.C. Sections 1681-1688

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 admists 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, whichever is the later;

(3) Educational institutions of religious organizations with
contrary religious tenets

this section shall not apply to any educational institution which is
controlled by a religious organization if the application of this subsection
would not be consistent with the religious tenents 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) Institutions 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 the 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.

Section 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 (l) 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
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.

Section 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, United States Code, and such action shall not be
deemed committed to unreviewable agency discretion within the meaning of
section 701 of that title.

Section 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.

Section 1685. Authority under other laws unaffected

Nothing in this chaper shall add to or detract from any existing
authority with respect to any program or activity under which Federal financial
assistance is extended by way of a contract of insurance or guaranty.

Section 1686. Interpretation with respect to living facilities

Notwithstanding anything to the contrary contained in this chapter,
nothing contained herein shall be construed to prohibit any educational
institution receiving funds under this Act, from maintaining separate living
facilities for the different sexes.

Section 1687. Interpretation of "program or activity"

For the purposes of this title, the term "program or activity" and
"program" mean all of the operations of --

(l)(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributed such
assistance and each such department or agency (and each other State or local
government entity) to which the assistance is extended, in the case of
assistance to a State or local government;

(2)(A) a college, university, or other postsecondary institution, or a
public system of higher education; or

(B) a local educational agency (as defined in section2854(a)(10) of this
title, system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship --

(i) if assistance is extended to such corporation, partnership, private
organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing
education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case of any
other corporation, partnership, private organization, or sole proprietorship;
or

(4) any other entity which is established by two or more of the entities
described in paragraph (l), (2) or (3);

any part of which is extended Federal financial assistance, except that
such term does not include any operation of an entity which is controlled by a
religious organization if the application of section 1681 if this title to such
operation would not be consistent with the religious tenets of such
organization.

Section 1688. Neutrality with respect to abortion

Nothing in this chapter shall be construed to require or prohibit any
person, or public or private entity, to provide or pay for any benefit or
service, including the use of facilities, related to an abortion. Nothing in
this section shall be construed to permit a penalty to be imposed on any person
or individual because such person or individual is seeking or has received any
benefit or service related to a legal abortion.