[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR3.415]



[Page 24-25]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 3_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec.  3.415  Access to course offerings.



    (a) A recipient shall not provide any course or otherwise carry out 

any of its



[[Page 25]]



education program or activity separately on the basis of sex, or require 

or refuse participation therein by any of its students on such basis, 

including health, physical education, industrial, business, vocational, 

technical, home economics, music, and adult education courses.

    (b)(1) With respect to classes and activities in physical education 

at the elementary school level, the recipient shall comply fully with 

this section as expeditiously as possible but in no event later than one 

year from September 29, 2000. With respect to physical education classes 

and activities at the secondary and post-secondary levels, the recipient 

shall comply fully with this section as expeditiously as possible but in 

no event later than three years from September 29, 2000.

    (2) This section does not prohibit grouping of 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) This section 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.

    (4) Where use of a single standard of measuring skill or progress in 

a physical education class has an adverse effect on members of one sex, 

the recipient shall use appropriate standards that do not have such 

effect.

    (5) Portions of classes in elementary and secondary schools, or 

portions of education programs or activities, that deal exclusively with 

human sexuality may be conducted in separate sessions for boys and 

girls.

    (6) Recipients may make requirements based on vocal range or quality 

that may result in a chorus or choruses of one or predominantly one sex.