Law & Courts

New U.S. Rules Boost Single-Sex Schooling

By Michelle R. Davis — October 30, 2006 6 min read
  • Save to favorites
  • Print

Ninth graders at Booker T. Washington High School in Memphis, Tenn., flow through school doors together each morning, but when they head to class, they’re separated by gender.

This year, the school is experimenting to learn whether educating its 9th graders—who as a class had high dropout rates and discipline problems stemming from interaction between boys and girls—in single-sex classrooms can boost their success.

Last week, public schools across the country were given the green light by the federal government to try the same experiment if they wish.

The U.S. Department of Education issued final regulations that definitively state it’s legal to educate boys and girls separately under certain conditions. Though the Bush administration had signaled two years ago it planned to change federal rules to allow broader use of single-sex education in public schools, many schools were reluctant to take the plunge until the legal ambiguities were settled.

“Schools need to look at their own data to see if it makes sense for their schools and communities,” said Alisha N. Kiner, the principal of Booker T. Washington High. “I don’t think they should just do it because it’s working in other schools.”

Worry About Stereotypes

The new regulations, which take effect Nov. 24, relax past Education Department rules that effectively barred public schools from educating boys and girls separately on a widespread basis. They say single-sex programs must be related to improving the achievement of students, providing diverse educational opportunities, or meeting the needs of particular students.

Single-Sex Schools

The U.S. Department of Education issued final regulations last week that make it easier for public schools to educate boys and girls separately. The rules, which take effect Nov. 24, say schools:

    Must have an “important objective,” such as to improve educational achievement of their students.

    Must provide a “substantially equal coeducational class” in the same subject. In some cases, an equal single-sex class for the other gender may be required.

    Must make student enrollment in the single-sex class voluntary.

    Must re-evaluate their single-sex programs every two years to make sure they’re meeting federal requirements.

    SOURCE: U.S. Department of Education

    The regulations also say schools must treat boys and girls evenhandedly, though that would not necessarily mean creating an all-boys program and an all-girls program. The rules require that for each single-sex program, a school must provide a “substantially equal” program, but that program may be coeducational.

    The regulations also require that “intangible features,” such as the reputation of specific teachers and geographic accessibility, must factor into the determinations of whether programs are “substantially equal.” Schools must re-evaluate their single-sex programs every two years to ensure they comply with the federal regulations.

    But the new regulations don’t resolve the long-running debate over whether boys and girls should be educated separately at all.

    “Existing education research suggests that single-sex education may provide benefits to students under certain circumstances,” the Education Department said in its notice in the Federal Register on Oct. 25 announcing the new rules. The department pointed to a review of research on the topic it published in 2005.

    Critics, particularly women’s advocacy groups, said the new regulations threatened to undo progress for girls in the classroom.

    “We believe these regulations invite schools to establish programs that violate the Constitution and expose themselves to liability,” said Emily J. Martin, the deputy director of the women’s rights project at the American Civil Liberties Union in New York City, who said her group is considering legal action. “It invites schools to create programs based on overbroad and inaccurate gender stereotypes.”

    Some policymakers aren’t happy with the Education Department’s action, either.

    “The department’s new regulation turns back the clock on civil rights protection by allowing schools to segregate by gender, without effective protections against discrimination or unfair stereotyping,” Sen. Edward M. Kennedy of Massachusetts, the ranking Democrat on the Senate Health, Education, Labor and Pensions Committee, said in a statement. “Single-sex education can be beneficial in some circumstances, but this regulation could return us to the days of separate and unequal.”

    But supporters of the new policy, including practitioners who say single-sex experiments have made a difference for students, say the option should be available. Ms. Kiner said discipline problems among the 9th graders at Booker T. Washington High in Memphis have fallen by 60 percent and students seem more engaged in learning.

    Not a Mandate

    The Education Department stressed in its announcement that single-sex education is completely voluntary for districts and schools and just one more way to offer parents more choices in public education.

    “This is not a federal mandate,” Stephanie J. Monroe, the Education Department’s assistant secretary for civil rights, said in a conference call with reporters last week. “This is an option that can be helpful to some students.”

    The regulations issued last week represent the Education Department’s latest interpretation of Title IX of the Education Amendments of 1972, the federal statute that prohibits sex discrimination in education programs that receive federal funds.

    Title IX permits public schools to have single-gender classes in some cases, such as for physical education and sex education.

    But the Education Department’s strict interpretation of the law early on, and subsequent court rulings, effectively scared most public schools away from the idea. The move toward greater flexibility for single-sex classes and programs stems from a clause, written by Sen. Kay Bailey Hutchison, R-Texas, inserted in the federal No Child Left Behind Act of 2001 that called for the secretary of education to issue new rules on such programs.

    “Coeducational classes often provide the best atmosphere for learning, but studies have shown that in some circumstances students do better in a single-sex classroom,” Sen. Hutchison said in a statement last week.

    Leonard Sax, the executive director of the National Association for Single Sex Education, based in Poolesville, Md., said many schools were waiting for the final regulations before moving forward with single-gender education programs. He estimated that before the department issued proposed regulations on the issue in 2004, only a few public schools had implemented single-sex programs. Now there are 241 public schools that offer single-sex programs, he said.

    “So many schools want to try this,” he said. “The reason at least half the schools expressed interest in this is they’ve got concerns about AYP [adequate yearly progress]. They’re looking for something that can improve grades and test scores and it doesn’t cost anything.”

    The No Child Left Behind Act calls for schools to meet annual education targets or face consequences.

    Mr. Sax, who pointed to some studies that have found success with single-sex programs, cautioned that schools should not undertake such programs without careful study and planning.

    “We urge them not to jump into it,” he said. “Putting girls in one classroom and boys in another classroom doesn’t accomplish much by itself.”

    However, Lisa M. Maatz, the director of public policy at the American Association of University Women, in Washington, said a lack of definitive research on whether single-sex education works should move educators to use resources where they will make the most difference—such as shrinking class sizes and hiring more experienced teachers.

    “This is putting the cart before the horse,” Ms. Maatz said. “The whole point of the No Child Left Behind Act was to use rigorous, evidence-based methodology. To not have the same standard here is mystifying to me.”

    A version of this article appeared in the November 01, 2006 edition of Education Week as New U.S. Rules Boost Single-Sex Schooling

    Events

    This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
    Sponsor
    Student Achievement Webinar
    How To Tackle The Biggest Hurdles To Effective Tutoring
    Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
    Content provided by Saga Education
    This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
    Sponsor
    Student Well-Being Webinar
    Reframing Behavior: Neuroscience-Based Practices for Positive Support
    Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
    Content provided by Crisis Prevention Institute
    This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
    Sponsor
    Mathematics Webinar
    Math for All: Strategies for Inclusive Instruction and Student Success
    Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
    Content provided by NMSI

    EdWeek Top School Jobs

    Teacher Jobs
    Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
    View Jobs
    Principal Jobs
    Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
    View Jobs
    Administrator Jobs
    Over a thousand district-level jobs: superintendents, directors, more.
    View Jobs
    Support Staff Jobs
    Search thousands of jobs, from paraprofessionals to counselors and more.
    View Jobs

    Read Next

    Law & Courts Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
    Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
    11 min read
    A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
    A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
    Nate Billings/The Oklahoman via AP
    Law & Courts Supreme Court Declines Case on Selective High School Aiming to Boost Racial Diversity
    Some advocates saw the K-12 case as the logical next step after last year's decision against affirmative action in college admissions
    7 min read
    Rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., Aug. 10, 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. A federal appeals court’s ruling in May 2023 about the admissions policy at the elite public high school in Virginia may provide a vehicle for the U.S. Supreme Court to flesh out the intended scope of its ruling Thursday, June 29, 2023, banning affirmative action in college admissions.
    A group of rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., in August 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. The U.S. Supreme Court on Feb. 20 declined to hear a challenge to an admissions plan for the selective high school that was facially race neutral but designed to boost the enrollment of Black and Hispanic students.
    J. Scott Applewhite/AP
    Law & Courts School District Lawsuits Against Social Media Companies Are Piling Up
    More than 200 school districts are now suing the major social media companies over the youth mental health crisis.
    7 min read
    A close up of a statue of the blindfolded lady justice against a light blue background with a ghosted image of a hands holding a cellphone with Facebook "Like" and "Love" icons hovering above it.
    iStock/Getty
    Law & Courts In 1974, the Supreme Court Recognized English Learners' Rights. The Story Behind That Case
    The Lau v. Nichols ruling said students have a right to a "meaningful opportunity" to participate in school, but its legacy is complex.
    12 min read
    Associate Justice of the U.S. Supreme Court William O. Douglas is shown in an undated photo.
    U.S. Supreme Court Justice William O. Douglas, shown in an undated photo, wrote the opinion in <i>Lau</i> v. <i>Nichols</i>, the 1974 decision holding that the San Francisco school system had denied Chinese-speaking schoolchildren a meaningful opportunity to participate in their education.
    AP