Title Ix Law: Does It Extend To Elementary Education?

Title IX is a federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the Department of Education. This includes approximately 17,600 local school districts, over 5,000 postsecondary institutions, and charter schools, for-profit schools, libraries, and museums. It also includes vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories of the United States.

Title IX applies to all schools that receive federal funding

> 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.

Title IX covers all aspects of education, including admissions, treatment of participants, and employment

• Admissions
• Treatment of participants
• Employment
• Recruitment
• Admissions
• Counseling
• Financial assistance
• Athletics
• Sex-based harassment
• Treatment of pregnant and parenting students
• Treatment of LGBTQI+ students
• Discipline
• Single-sex education

Title IX does not apply to schools whose primary purpose is military training

One such exemption is for military training institutions. Title IX does not apply to schools whose primary purpose is military training. This exemption includes educational institutions whose primary purpose is training individuals for the military services of the United States or the merchant marine. The rationale behind this exemption is that while these institutions provide education to students, their primary objective is viewed as training individuals for military service.

It is important to distinguish between ROTC programs and military colleges or academies. ROTC programs are often connected to colleges and universities, and their primary purpose is not solely military training. Therefore, students, instructors, and employees associated with ROTC programs are covered by Title IX. On the other hand, federal service academies that train students exclusively for military service are not subject to Title IX.

Additionally, military colleges that are not official service academies, such as The Citadel and the Virginia Military Institute, are subject to Title IX. This distinction highlights the complexity of applying Title IX to various educational institutions, especially those with military affiliations.

In summary, while Title IX generally applies to elementary education and other levels of schooling, it does not extend to schools whose primary purpose is military training. This exemption is in place due to the unique nature of military service preparation, which differentiates these institutions from traditional educational settings.

Title IX does not apply to private schools' admissions policies

Many private schools have tax-exempt status, so they do not pay federal income tax. At least one court has ruled that granting a tax exemption does not constitute federal financial assistance. However, this ruling does not apply in all states, and private schools in other states may be subject to Title IX even if they have tax-exempt status.

Private schools that are controlled by religious organizations are also exempt from Title IX if the application of its provisions would conflict with the religious tenets of the organization. For example, some religious organizations have specific beliefs about keeping men and women separate or providing equal educational or athletic opportunities to either sex. When a religious school's policies are based on these religious tenets, then Title IX does not apply, regardless of whether the school receives federal funding.

Title IX does not apply to schools controlled by religious organisations if its application would conflict with their religious tenets

The Department of Education keeps a list of colleges and universities that claim exemption from Title IX provisions, but a school does not have to be on the list to claim exemption.

The following factors are sufficient to establish that an educational institution is controlled by a religious organisation:

• The educational institution is a school or department of divinity.
• The educational institution requires its faculty, students, or employees to be members of, or otherwise engage in religious practices of, or espouse a personal belief in, the religion of the organisation.
• The educational institution's charter, catalog, or other official publication contains an explicit statement that it is controlled by a religious organisation or an organ thereof, or is committed to the doctrines or practices of a particular religion. The members of its governing body are appointed by the controlling religious organisation or an organ thereof, and it receives a significant amount of financial support from the controlling religious organisation or an organ thereof.
• The educational institution has a doctrinal statement or a statement of religious practices, along with a statement that members of the institution community must engage in the religious practices of, or espouse a personal belief in, the religion, its practices, or the doctrinal statement or statement of religious practices.
• The educational institution has a published institutional mission that is approved by the governing body of an educational institution and that includes, refers to, or is predicated upon religious tenets, beliefs, or teachings.
• Other evidence sufficient to establish that an educational institution is controlled by a religious organisation.

Frequently asked questions