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The legal status of single-sex public education
On October 25 2006, the United States Department of Education published new regulations
governing single-sex education in public schools.
These new regulations were required by a provision in the No Child Left Behind Act (NCLB),
a provision intended by its authors to legalize single-sex education in public schools
(specifically, sections 5131(a)(23) and 5131(c) of the NCLB).
The new regulations allow coeducational public schools (elementary and secondary schools) to offer single-sex classrooms,
provided that the schools:
1) provide a rationale for offering a single-gender class in that subject. A variety of rationales are acceptable, e.g. if very few girls have taken computer science in the past, the school could offer a girls-only computer science class;
2) provide a coeducational class in the same subject at a geographically accessible location. That location may be at the same school, but the school or school district may also elect to offer the coeducational alternative at a different school which is
geographically accessible. The term "geographically accessible" is not explicitly defined in the regulations.
3) conduct a review every two years to determine whether single-sex classes are still necessary to remedy whatever inequity prompted the school to offer the single-sex class in the first place.
The new regulations also cleared away the confusion surrounding the legal status of single-sex schools --
schools which are all-girls or all-boys. In fact, the new regulations provide some incentive for school districts to offer single-sex schools rather than single-sex classrooms within coed schools.
Single-sex schools are specifically exempted from two of the three requirements above.
They don't have to provide any rationale for their single-sex format, and they don't have to conduct any periodic review
to determine whether single-sex education is "necessary" to remedy some inequity. They do have to offer
"substantially equal" courses, services, and facilities, at other schools within the same school district --
but those other schools can be single-sex or coed.
In other words, a school district may offer a single-sex high school for girls without
having to offer a single-sex high school for boys.
A school district can offer an all-boys elementary school without having to offer an all-girls elementary school.
Charter schools are exempt from all three of the requirements:
they don't have to provide a rationale for single-gender classes,
they don't have to offer comparable coed classes or schools,
and they don't have to do periodic follow-up to justify their single-sex format.
The complete regulations may be downloaded directly from the Department of Education, in HTML format, by clicking
here.
The regulations may be downloaded in Adobe PDF format by clicking on the PDF logo:

NASSPE supports the new regulations, although we regret that the Department of Education
has failed to communicate effectively with the general public or concerned stakeholders regarding
the evidentiary basis motivating this change in the regulations. You can read NASSPE's official comment on the new regulations at this link.
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