From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC1681]

 
                           TITLE 20--EDUCATION
 
          CHAPTER 38--DISCRIMINATION BASED ON SEX OR BLINDNESS
 
Sec. 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.

(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. 
L. 93-568, Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, 
title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96-88, 
title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 
677, 692; Pub. L. 99-514, Sec. 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

    Section 412(b) of Pub. L. 94-482 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

    Section 3(b) of Pub. L. 93-568 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, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: 
``This Act [enacting sections 1687 and 1688 of this 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

    ``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.


      Coordination of Implementation and Enforcement of Provisions

    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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1682, 1687 of this title.


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