On January 14, 2021, The U.S. Department of Education Office for Civil Rights (OCR) published a guidance document entitled Question and Answers Regarding OCR’s Interpretation of Title IX and Single Sex Scholarships, Clubs and other Programs. The OCR guidance explains the circumstances under which elementary and secondary schools and post-secondary educational institutions, who are recipients of federal funds, may operate or support activities that prefer or restrict students’ participation based on sex according to Title IX’s nondiscrimination requirements. Note that this guidance refers to “on the basis of sex” and “single-sex” as male or female; it does not address issues related to non-binary, gender non-conforming, or transgender students. To read our full legal update, and view the information summarizing the guidance included in the January 14, 2021 Q & A document, click here.
