EDUCATION AMENDMENTS OF 1972: Section 506 and Titles VIII and IX
Public Law 92–318, as amended
EDUCATION AMENDMENTS OF 1972: Section 506 and Titles VIII and IX
318
117–328
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Education Amendments of 1972
11127
92
1972-06-23
EDUCATION AMENDMENTS OF 1972: Section 506 and Titles VIII and IX
[(P.L. 92–318; 7 U.S.C. 301 note)]
[As Amended Through P.L. 117–328, Enacted December 29, 2022]
[Currency: This publication is a compilation of the text of Public Law 92–318. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *

land-grant status for the college of the virgin islands and the university of guam
Sec. 506.
(a)
The College of the Virgin Islands, the Community College of American Samoa, the College of Micronesia, the Northern Marianas College, and the University of Guam shall be considered land-grant colleges established for the benefit of agriculture and mechanic arts in accordance with the provisions of the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C. 301–305, 307, 308).
(b)
In lieu of extending to the Virgin Islands, Guam, American Samoa, Micronesia, and the Northern Mariana Islands those provisions of the Act of July 2, 1862, as amended, relating to donations of public land or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, there is authorized to be appropriated $3,000,000 to the Virgin Islands and $3,000,000 to Guam and an equal amount to American Samoa, Micronesia, and to the Northern Mariana Islands. Amounts appropriated pursuant to this section shall be held and considered to have been granted to the Virgin Islands, Guam, American Samoa, Micronesia, and the Northern Mariana Islands subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip.
* * * * * * *
TITLE VIII—

GENERAL PROVISIONS RELATING TO THE ASSIGNMENT OR TRANSPORTATION OF STUDENTS1

prohibition against assignment or transportation of students to overcome racial imbalance
Sec. 801.
No provision of this Act shall be construed to require the assignment or transportation of students or teachers in order to overcome racial imbalance.
^1
Title VIII of P.L. 92–318.
[20 U.S.C. 1651]
Enacted June 23, 1972, P.L. 92–318, sec. 801, 86 Stat. 371.
[Section 802 was repealed by section 313 of division H of Public Law 117–328. Such amendment incorrectly references the amended Act name; however, it was carried out.]

provision relating to court appeals
Sec. 803.
Notwithstanding any other law or provision of law, in the case of any order on the part of any United States district court which requires the transfer or transport of any student or students from any school attendance area prescribed by competent State or local authority for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, the effectiveness of such order shall be postponed until all appeals in connection with such order have been exhausted or, in the event no appeals are taken, until the time for such appeals has expired. This section shall expire at midnight on January 1, 1974.
[20 U.S.C. 1653]
Enacted June 23, 1972, P.L. 92–318, sec. 803, 86 Stat. 372.

provision authorizing intervention in court orders
Sec. 804.
A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process.
[20 U.S.C. 1654]
Enacted June 23, 1972, P.L. 92–318, sec. 804, 86 Stat. 372.

provision requiring that rules of evidence be uniform
Sec. 805.
The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States.
[20 U.S.C. 1655]
Enacted June 23, 1972, P.L. 92–318, sec. 805, 86 Stat. 372.

application of proviso of section 407(a) of the civil rights act of 1964 to the entire united states
Sec. 806.
The proviso of section 407(a) of the Civil Rights Act of 1964 providing in substance that no court or official of the United States shall be empowered to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV, under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States.
[20 U.S.C. 1656]
Enacted June 23, 1972, P.L. 92–318, sec. 806, 86 Stat. 373.
TITLE IX—

PROHIBITION OF SEX DISCRIMINATION2
^2
Public Law 107–255 (116 Stat. 1734) provides “
[t]hat title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.; Public Law 92–318) may be cited as the ‘
Patsy Takemoto Mink Equal Opportunity in Education Act
’. Public Law 107–255 did not amend title IX.
”.

sex discrimination prohibited
Sec. 901.
(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 the date of enactment of this Act, nor for six years after such date 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 Commissioner 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 Commissioner 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 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 the Internal Revenue Code of 1954, 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 title 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 title 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.
[20 U.S.C. 1681]
Enacted June 23, 1972, P.L. 92–318, sec. 901, 86 Stat. 373, 374; amended December 31, 1974, P.L. 93–568, sec. 3(a), 88 Stat. 1862; amended October 12, 1976, P.L. 94–482, sec. 412, 90 Stat. 2234.

federal administrative enforcement
Sec. 902.
Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 901 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.
[20 U.S.C. 1682]
Enacted June 23, 1972, P.L. 92–318, sec. 903, 86 Stat. 374, 375.

judicial review
Sec. 903.
Any department or agency action taken pursuant to section 10023 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 902, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, United States Code, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.
[20 U.S.C. 1683]
Enacted June 23, 1972, P.L. 92–318, sec. 903, 86 Stat. 374, 375.
^3
Apparent error; should be 902.

prohibition against discrimination against the blind
Sec. 904.
No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any educational program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.
[20 U.S.C. 1684]
Enacted June 23, 1972, P.L. 92–318, sec. 904, 86 Stat. 375.

effect on other laws
Sec. 905.
Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.
[20 U.S.C. 1685]
Enacted June 23, 1972, P.L. 92–318, sec. 905, 86 Stat. 375.

amendments to other laws
Sec. 906.
[Makes conforming amendments to other provisions of law.]

interpretation with respect to living facilities
Sec. 907.
Notwithstanding anything to the contrary contained in this title, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.
[20 U.S.C. 1686]
Enacted June 23, 1972, P.L. 92–318, sec. 907, 86 Stat. 375.
§ 908.

interpretation of “program or activity”
For the purposes of this title, the term “program or activity” and “program” mean all of the operations of—
(1)
(A)
a department, agency, special purpose district, or other instrumentality of a State or of a local government; or
(B)
the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
(2)
(A)
a college, university, or other postsecondary institution, or a public system of higher education; or
(B)
a local educational agency (as defined in section section4 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;
^4
Section 9215(bb) of Public Law 114-95 amended section 908(2)(B) by striking “9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;”. The amendment results in the word “section” appearing twice.
(3)
(A)
an entire corporation, partnership, or other private organization, or an entire sole proprietorship—
(i)
if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(ii)
which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(B)
the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(4)
any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);
any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 901 to such operation would not be consistent with the religious tenets of such organization.
[20 U.S.C. 1687]
Enacted March 22, 1988, P.L. 100–259, sec. 3, 102 Stat. 28; amended October 20, 1994, P.L. 103–382, sec. 391(g), 108 Stat. 4023; Jan. 8, 2002, P.L. 107–110, sec. 1076(j), 115 Stat. 2091; Dec. 10, 2015, P.L. 114–95, sec. 9215(bb), 129 Stat. 2173.

neutrality with respect to abortion
Sec. 909.
Nothing in this title shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
[20 U.S.C. 1688]
Enacted March 22, 1988, P.L. 100–259, sec. 3, 102 Stat. 29.