FR Doc E7-11253
[Federal Register: June 11, 2007 (Volume 72, Number 111)]
[Notices]
[Page 32083-32084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn07-41]
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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Programs funds, is withdrawn.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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