[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Notices]
[Pages 32083-32084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11253]


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DEPARTMENT OF EDUCATION


Elementary and Secondary Education Act; Implementation; Single-
Sex Classes and Schools; Guidelines

AGENCY: Office for Civil Rights, U.S. Department of Education.

ACTION: Notice.

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SUMMARY: The Secretary of Education gives notice that ``Guidelines on 
current title IX requirements related to single-sex classes and 
schools,'' published in the Federal Register on May 8, 2002 (67 FR 
31102), for use by State educational agencies (SEAs) and local 
educational agencies (LEAs) in certain applications for Innovative 
Programs funds, is withdrawn. The Secretary also gives notice that the 
new final regulations implementing Title IX of the Education Amendments 
of 1972 (Title IX), which prohibits sex discrimination in federally 
assisted education programs and activities, published in the Federal 
Register on October 25, 2006 (71 FR 62530), which expand flexibility 
for recipients to provide single-sex classes and schools and include a 
preamble explaining the requirements of these new regulations, are 
deemed guidelines on Title IX requirements for single-sex classes and 
schools for the purposes of the requirements of 20 U.S.C. 7215(c) and 
20 U.S.C. 7215b(b)(9) with respect to applications for Innovative 
Programs funds to support single-sex classes and schools.

DATES: This notice is effective June 11, 2007.

FOR FURTHER INFORMATION CONTACT: Sandra G. Battle, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 6125, Potomac Center Plaza, 
Washington, DC 20202-1100. Telephone: (202) 245-6767.
    If you use a telecommunications device for the deaf (TDD), you may 
call 1-877-521-2172. For additional copies of this document, you may 
call the Customer Service Team for the Office for Civil Rights (OCR) at 
(202) 245-6800 or 1-800-421-3481.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: The No Child Left Behind Act of 2001 (NCLB 
Act) permits LEAs to use Innovative Programs funds to support, among 
other things, single-sex schools and classes consistent with applicable 
law. 20 U.S.C. 7215(a)(23). In this regard the

[[Page 32084]]

NCLB Act required the Secretary of Education (Secretary) to issue 
guidelines for LEAs regarding the applicable law on single-sex classes 
and schools. 20 U.S.C. 7215(c). The NCLB Act provides that LEAs may 
submit applications for Innovative Programs funds and receive 
allocations of funds in connection with applications that are certified 
by the SEA pursuant to NCLB Act requirements. 20 U.S.C. 7215b(a). Among 
the requirements applicable to SEA certification of LEA applications 
for Innovative Programs funds is that LEA applications that seek funds 
for the purpose of supporting single-sex classes and schools contain a 
description of how the LEA will comply with the guidelines issued by 
the Secretary on the law applicable to single-sex classes and schools. 
20 U.S.C. 7215b(b)(9).
    On May 8, 2002, in fulfillment of the NCLB Act requirement, the 
Secretary issued ``Guidelines on current title IX requirements related 
to single-sex classes and schools'' (2002 Guidelines). (67 FR 31102). 
The 2002 Guidelines described certain provisions of Title IX, 20 U.S.C. 
1681 et seq., and the Department of Education's (Department) 
regulations implementing Title IX, 34 CFR part 106, that provide 
requirements pertaining to nondiscrimination on the basis of sex in 
single-sex classes and schools in education programs and activities 
that receive financial assistance from the Department.\1\ The 2002 
Guidelines focused in major part on 34 CFR 106.34 and 106.35, which 
provide specific requirements for single-sex classes and schools.\2\ On 
October 25, 2006, the Department published final regulations, which 
amended 34 CFR 106.34 and 106.35 regarding requirements applicable to 
single-sex classes, extracurricular activities, and schools. (71 FR 
62530). The new regulations took effect on November 24, 2006.
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    \1\ Also on May 8, 2002, the Department published a notice of 
intent to regulate, stating the Department's intent to amend the 
Title IX regulations to provide more flexibility for single-sex 
classes and schools at the elementary and secondary education levels 
and inviting comments from the public. (67 FR 31097). On March 9, 
2004, the Department published proposed regulations that proposed to 
amend 34 CFR 106.34 and 106.35 to provide more flexibility for 
single-sex classes and schools at the elementary and secondary 
education levels. (69 FR 11276).
    \2\ The 2002 Guidelines also explained the requirements of 34 
CFR 106.3 relative to single-sex classes and schools and 34 CFR 
106.15(d) relative to single-sex nonvocational elementary and 
secondary schools, as well as certain statutory provisions relative 
to single-sex education. These other regulations were not amended, 
and this notice does not affect them or the Department's 
interpretation of them.
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    The new regulations made substantive and technical changes to 34 
CFR 106.34 and 106.35. Consequently, the 2002 Guidelines describe 
former requirements for single-sex classes and schools that have been 
superseded, in part, by new requirements. In addition, the final 
regulations published on October 25, 2006 in the Federal Register 
included a preamble explaining the requirements of 34 CFR 106.34 and 
106.35.
    The Department has determined that issuance of a revision of the 
2002 Guidelines would be repetitive of the more comprehensive 
information provided in the 2006 Federal Register document. 
Accordingly, the Department has determined that it would be preferable 
to withdraw the 2002 Guidelines and to rely on the final regulations 
published in the Federal Register on October 25, 2006 (71 FR 62530), 
which include a preamble explaining the requirements of the new 
regulations, 34 CFR 106.34 and 106.35, as guidelines on the current 
requirements of the Title IX regulations on single-sex classes and 
schools for the purpose of satisfaction of the NCLB Act requirement 
that the Secretary provide guidelines on applicable law.
    Accordingly, by this notice, the Department withdraws the 2002 
Guidelines.

Electronic Access to This Document

    You may review this document, as well as all other documents of 
this Department published in the Federal Register, in text or Adobe 
Portable Document (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.
    This notice also is available on OCR's Web site at: http://www.ed.gov/ocr.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


    Authority: 20 U.S.C. 1681, 1682.

    Dated: June 5, 2007.
Margaret Spellings,
Secretary of Education.
 [FR Doc. E7-11253 Filed 6-8-07; 8:45 am]
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