28.415—Access to course offerings.
(a)
A recipient shall not provide any course or
otherwise carry out any of its education program
or activity separately on the basis of sex, or
require or refuse participation therein by any of
its students on such basis, including health,
physical education, industrial, business,
vocational, technical, home economics, music, and
adult education courses.
(b)
(1)
With respect to classes and activities
in physical education at the elementary school
level, the recipient shall comply fully with this
section as expeditiously as possible but in no
event later than one year from September 29, 2000.
With respect to physical education classes and
activities at the secondary and post-secondary
levels, the recipient shall comply fully with this
section as expeditiously as possible but in no
event later than three years from September 29,
2000.
(2)
This section does not prohibit grouping of
students in physical education classes and
activities by ability as assessed by objective
standards of individual performance developed and
applied without regard to sex.
(3)
This section does not prohibit separation
of students by sex within physical education
classes or activities during participation in
wrestling, boxing, rugby, ice hockey, football,
basketball, and other sports the purpose or major
activity of which involves bodily contact.
(4)
Where use of a single standard of measuring
skill or progress in a physical education class
has an adverse effect on members of one sex, the
recipient shall use appropriate standards that do
not have such effect.
(5)
Portions of classes in elementary and
secondary schools, or portions of education
programs or activities, that deal exclusively with
human sexuality may be conducted in separate
sessions for boys and girls.
(6)
Recipients may make requirements based on
vocal range or quality that may result in a chorus
or choruses of one or predominantly one sex.