Many parents consider public, private, and charter school options available to their students. But could choosing a private school cut a child off from civil rights protections Can private schools discriminate based on gender?

In this blog post, I will review the Title IX prohibition on gender discrimination and sexual harassment in education. I will explain how these laws apply to private and religious schools. I will also explain what to do if you think your child has been discriminated against at school.

Title IX Prohibits Gender Discrimination in Education

Title IX of the Education Amendments of 1972 says gender discrimination is illegal in any educational program or activity which receives federal financial assistance. That means federally funded schools cannot treat students or potential students differently based on sex when it comes to decisions involving:

• Recruiting and admissions
• Financial aid
• Enrollment in academic programs
• Student services, counseling, and guidance
• Discipline
• Classroom assignments
• Grades or evaluations
• Athletics, physical education, or extracurricular activities
• Recreation
• Housing

Schools covered by Title IX are also required to respond to and prevent sexual harassment in their midst. Violations of Title IX’s prohibition against gender discrimination are reviewed by the U.S. Department of Education’s Office of Civil Rights. They include claims of inequitable treatment of students, teachers, and others involved in a school setting.

Does Title IX Apply to Private Schools?

Title IX applies to any school or educational program that receives federal funding. This includes most state and locally run public schools, state colleges and universities, and charter schools. But Title IX does not apply to private schools unless they receive federal funds.

At first glance, this may seem like parents choosing private schools are signing away their students’ civil rights. In fact, many private schools do choose to receive federal funding for programs like:

• Reduced or free lunch and breakfast programs
• Technology or facility upgrade grants
• Remedial, special education, or low-income assistance

These federal funds come with strings attached – schools accepting government money must comply with Title XI’s gender discrimination laws, and other civil rights laws.

Under the Trump Administration, the Department of Education has announced plans to make additional federal funds available to low-income parents choosing private schools. This could increase the number of private schools subject to Title XI protections.

Are There Different Rules for Religious Schools?

Most private schools are religious. Title IX excludes religious schools “to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.” If a particular school has gender discriminatory policies based on the religious tenets of that organization, Title IX won’t apply.

For example, certain divisions of a number of popular religions believe that men and women should remain separate. Single-gendered schools can sometimes meet Title IX’s criteria, even in the public-school setting, if they provide substantially equal educational options between to students of different genders. However, in the religious school context, a limited curriculum or different educational plan for women, as compared to men, will be allowed if it is based on the school’s religious tradition.

What to Do if You Face Gender Discrimination at a Private School

If you think your son or daughter has been discriminated against at a private school because of his or her gender, contact an experienced discrimination attorney. At Eisenberg & Baum, LLP, we can help you determine whether Title IX will apply, identify options, and negotiate with the school on your behalf. If there is federal funding involved, we can help you file complaints with the Office of Civil Rights and in federal or state court. Contact us today to schedule a consultation and review your case.