[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR106.34]



[Page 418-419]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 106_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.  106.34  Access to course offerings.



    A recipient shall not provide any course or otherwise carry out any 

of its 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.

    (a) 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 the effective date of this regulation. 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 

the effective date of this regulation.

    (b) 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.



[[Page 419]]



    (c) 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.

    (d) 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 which do not have such 

effect.

    (e) Portions of classes in elementary and secondary schools which 

deal exclusively with human sexuality may be conducted in separate 

sessions for boys and girls.

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

which may result in a chorus or choruses of one or predominantly one 

sex.



(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 

374; 20 U.S.C. 1681, 1682)