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State School vs. Private School and Title IX in College Park

Educational institutions are required to comply with anti-discrimination provisions of Title IX of the Education Amendments of 1972. Specifically, this federal law prohibits schools that receive federal funds from discriminating on the basis of sex in any of their educational programs or activities.

However, Title IX contains exceptions for public and private schools in some cases, and private schools do not rely on federal funding the way that public schools do. As a result, many people are unclear about the concerns of state school vs. private school and Title IX in College Park, which a student defense attorney could help clarify.

Federal Funding

20 U.S.C. §1681(a) specifies that no one may “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.” Unlike public schools, private schools tend to receive most of their funding from non-government sources. So, there may be a sense that private schools should not have to adhere to Title IX requirements.

However, if any department of a school receives any financial assistance from the federal government, then all parts of the school must abide by Title IX provisions. Moreover, if a school is part of an entity that operates two or more schools, if one department of one school receives any assistance from the federal government, every school in the system becomes subject to Title IX requirements. Effectively, then, in this respect, there is often little difference in state school vs. private school and Title IX in College Park.

The Department of Justice has ruled that “financial assistance” from the federal government may include assistance in a nonmonetary form. For instance, use of federal property (either for free or at a rate below market price) or receipt of federal training could count as financial assistance. However, Title IX requirements would apply only while the school is receiving or using the assistance.

Admissions Exemption for Private Colleges and Public Elementary and Secondary Schools

One notable exemption from Title IX anti-discrimination provisions is found in 20 U.S.C. §1681(a)(1). This provision requires only vocational and professional schools, graduate schools, and public undergraduate schools to comply with Title IX regarding admission of students. Thus, the statute allows private colleges and universities to discriminate on the basis of sex with respect to admission of undergraduate students.

In addition, the statute has been interpreted to allow all elementary and secondary schools, both public and private, to discriminate on the basis of sex in admissions so that they may offer single-sex schools. Thus, the opportunities are the same for state school vs. private school and Title IX in College Park for admissions policies in elementary and secondary schools. Of course, the other provisions of Title IX still apply to these institutions.

Other School Exemptions

Title IX contains exemptions applicable to certain other public and private educational institutions. Schools operated by a religious organization are exempt from the anti-discriminatory provisions if application of the law “would not be consistent with the religious tenets of such organization” under 20 U.S.C.§1681(a)(3).

Public colleges and universities that have always had a policy of admitting members of only one sex are permitted to continue that admissions policy under the statute.

Additionally, all educational institutions established for training students for military service are also exempt from Title IX. The special exemptions have some disparate impacts on state school vs. private school and Title IX in College Park.

Get More Information Regarding State School vs. Private School and Title IX

All schools, both public and private, should be concerned with provisions for addressing sexual harassment and sexual abuse issues applicable to Title IX, even if they receive no federal funding whatsoever. Many of the policies expressed in Title IX are also repeated in other civil rights laws and regulations. Even if a student cannot issue a Title IX case, they may file a lawsuit based on an allegation of harassment or abuse.

While there are different concerns for state school vs. private school and Title IX in College Park, it is a law no one can afford ignore. For more information about compliance with Title IX provisions, consult a knowledgeable attorney.