A policy analysis of the legal aspects of gender-separated classes

This study investigated the legal background of gender-separated classes. Federal legislation and developing case law was analyzed in order to develop an administrative policy for schools wishing to explore this area. The study investigated the theory base of gender-separated classes focusing on federal legislation and case law that has developed with regard to this historical perspective. The federal legislation and case law provided the basis for determining the school administrator's legal responsibilities concerning single-sex classrooms.;This analysis drew on several sources including constitutional law, congressional legislation, state law, and case law. An analysis regarding the effect of Constitutional Law on discrimination issues and the effect of Title IX on single-sex learning environments was highlighted. Obligations in educational programs and activities within federally funded schools since the enactment of Title IX in 1972 were indicated as the discriminatory actions of one department or school may potentially impact an entire school system's funding. The study assessed the collective view of the legislative bodies, governmental proceedings and congress and their impact on single-sex education. In addition, an analysis was completed on the potential impact on single-sex education of the biases and backgrounds of the current Supreme Court Justices. The three standards of review--rational, intermediate and strict scrutiny--historically utilized by the courts were highlighted with an emphasis on the intermediate scrutiny standard which has been utilized in Supreme Court decisions through August, 1996.;The study identifies five key guidelines to which gender-separated learning environments must adhere in order to be compliant with the U.S. Constitution and legislative law. These five policy components were based upon the research and analysis of court decisions and legislative law that were highlighted in the study. These include: voluntary enrollment, placement offered to both sexes as an alternative to a coeducational learning environment, equal tangible and intangible factors, the need to serve a specific need or goal, and that the underlying purpose is not based on discriminatory or stereotypic notions.