Title 20 — EducationRelease 119-73not60
§1681 Sex
Title 20 › Chapter 38— DISCRIMINATION BASED ON SEX OR BLINDNESS › § 1681
Summary
No one in the United States can be barred from taking part in, denied benefits from, or treated unfairly in any school program that gets federal money because of their sex, with several specific exceptions. The rule about admissions only applies to vocational, professional, and graduate schools and to public four-year colleges. A school that is changing from single-sex to coed and is following an approved plan can be exempt from the admissions rule for a transition period: either for one year from June 23, 1972 and up to six years after that date, or for seven years from when the school starts the change, whichever ends later. Other exceptions include schools controlled by a religious group when the rule would conflict with their beliefs, schools whose main purpose is military or merchant marine training, public undergraduate schools that have always been single-sex since they began, certain tax-exempt social fraternities/sororities and youth organizations traditionally limited to one sex, American Legion Boys/Girls State or Nation programs and related school activities, father‑son or mother‑daughter events (but comparable chances must be offered to the other sex), and scholarships from one‑sex pageants based on appearance, poise, and talent if the pageant follows other federal nondiscrimination laws. Schools do not have to give special favors to one sex just to correct a numerical imbalance, but statistics may be used as evidence in hearings. Educational institution: any public or private preschool, elementary, or secondary school, or any vocational, professional, or higher education institution; separate schools or departments that run independently are treated separately.
Full Legal Text
Title 20, §1681
Education — Source: USLM XML via OLRC
(a)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, except that:
(1)in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;
(2)in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;
(3)this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;
(4)this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;
(5)in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;
(6)this section shall not apply to membership practices—
(A)of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or
(B)of the Young Men’s Christian Association, Young Women’s Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;
(7)this section shall not apply to—
(A)any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or
(B)any program or activity of any secondary school or educational institution specifically for—
(i)the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or
(ii)the selection of students to attend any such conference;
(8)this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and
(9)this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.
(b)Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: Provided, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.
(c)For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title IX of Pub. L. 92–318 which enacted this chapter and amended section 203 and 213 of Title 29, Labor, and section 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see
Short Title
note below and Tables.
Amendments
1986—Subsec. (a)(6)(A). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1976—Subsec. (a)(6) to (9). Pub. L. 94–482 substituted “this” for “This” in par. (6) and added pars. (7) to (9). 1974—Subsec. (a)(6). Pub. L. 93–568 added par. (6).
Statutory Notes and Related Subsidiaries
Effective Date
of 1976 Amendment Pub. L. 94–482, title IV, § 412(b), Oct. 12, 1976, 90 Stat. 2234, provided that: “The amendment made by subsection (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976].”
Effective Date
of 1974 Amendment Pub. L. 93–568, § 3(b), Dec. 31, 1974, 88 Stat. 1862, provided that: “The provisions of the amendment made by subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972.”
Short Title
of 1988 Amendment Pub. L. 100–259, § 1, Mar. 22, 1988, 102 Stat. 28, provided that: “This Act [enacting section 1687 and 1688 of this title and section 2000d–4a of Title 42, The Public Health and Welfare, amending section 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provisions set out as notes under section 1687 and 1688 of this title] may be cited as the ‘Civil Rights Restoration Act of 1987’.”
Short Title
Pub. L. 107–255, Oct. 29, 2002, 116 Stat. 1734, provided “That title IX of the Education
Amendments
of 1972 (20 U.S.C. 1681 et seq.; Public Law 92–318) [title IX of Pub. L. 92–318, enacting this chapter and amending section 203 and 213 of Title 29, Labor, and section 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare] may be cited as the ‘Patsy Takemoto Mink Equal Opportunity in Education Act’.”
Transfer of Functions
“Secretary” substituted for “Commissioner” in subsec. (a)(2) pursuant to section 301(a)(1) and 507 of Pub. L. 96–88, which are classified to section 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education.
Regulations
Nature of Particular Sports: Intercollegiate Athletic Activities Pub. L. 93–380, title VIII, § 844, Aug. 21, 1974, 88 Stat. 612, directed Secretary to prepare and publish, not more than 30 days after Aug. 21, 1974, proposed
Regulations
implementing the provisions of this chapter regarding prohibition of sex discrimination in federally assisted programs, including reasonable
Regulations
for intercollegiate athletic activities considering the nature of the particular sports.
Executive Documents
Coordination of Implementation and
Enforcement
of ProvisionsFor provisions relating to the coordination of implementation and
Enforcement
of the provisions of this chapter by the Attorney General, see section 1–201(b) of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out under section 2000d–1 of Title 42, The Public Health and Welfare. Ex. Ord. No. 14021. Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity Ex. Ord. No. 14021, Mar. 8, 2021, 86 F.R. 13803, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: section 1. Policy. It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity. For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education
Amendments
of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance. Sec. 2. Review of Agency Actions. (a) Within 100 days of the date of this order [Mar. 8, 2021], the Secretary of Education, in consultation with the Attorney General, shall review all existing
Regulations
, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that are or may be inconsistent with the policy set forth in section 1 of this order, and provide the findings of this review to the Director of the Office of Management and Budget. (i) As part of the review required under subsection (a) of this section, the Secretary of Education shall review the rule entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 85 FR 30026 (May 19, 2020), and any other agency actions taken pursuant to that rule, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (ii) As soon as practicable, and as appropriate and consistent with applicable law, the Secretary of Education shall review existing guidance and issue new guidance as needed on the implementation of the rule described in subsection (a)(i) of this section, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (iii) The Secretary of Education shall consider suspending, revising, or rescinding—or publishing for notice and comment proposed rules suspending, revising, or rescinding—those agency actions that are inconsistent with the policy set forth in section 1 of this order as soon as practicable and as appropriate and consistent with applicable law, and may issue such requests for information as would facilitate doing so. (b) The Secretary of Education shall consider taking additional
Enforcement
actions, as appropriate and consistent with applicable law, to enforce the policy set forth in section 1 of this order as well as legal prohibitions on sex discrimination in the form of sexual harassment, which encompasses sexual violence, to the fullest extent permissible under law; to account for intersecting forms of prohibited discrimination that can affect the availability of resources and support for students who have experienced sex discrimination, including discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school procedures are fair and equitable for all. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. Biden, Jr.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1681
Title 20 — Education
Last Updated
Apr 5, 2026
Release point: 119-73not60