Questions and Answers Regarding OCR’s Interpretation of Title IX and Single Sex Scholarships, Clubs, and other Programs

January 15, 2021-William J. Zee, Esq.

On January 14, 2021, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) issued a technical assistance document to describe how OCR has historically addressed issues regarding scholarships, fellowships, other forms of financial assistance, courses, clubs, extracurricular activities, school facilities, and other programs that impose a preference or restriction based on sex, with examples of how OCR has evaluated these issues upon receipt of complaints alleging sex discrimination. This document does not address OCR’s regulations regarding athletics under 34 C.F.R. § 106.41 or athletic scholarships under 34 C.F.R. § 106.37(c).

The document contains 13 Questions and Answers designed to assist educational institutions that receive federal financial assistance with meeting their civil rights obligations under Title IX of the Education Amendments of 1972 (Title IX).

Should you have any questions regarding Title IX, or any other education related topics, please feel free to reach out to me or any member of the Appel, Yost & Zee Education Group.