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Administration Proposes
Same-Sex-School Option
By
Diana Jean Schemo
The New York Times
March 4, 2004
WASHINGTON, March
3 - The Bush administration has proposed regulations giving public
school districts new freedom to create same-sex classes and schools,
as long as "substantially equal" opportunities are also
provided for the excluded sex.
Supporters and critics
alike said the proposed changes represented a major reinterpretation
of antidiscrimination laws, some 50 years after the Supreme Court
discredited racial segregation in "separate but equal"
schools as inherently unequal, and 30 years after Title IX extended
the concept to sex.
Under the new rules,
educators could create new schools or classes exclusively for
students of one sex, and no longer have to demonstrate that they
were doing so to remedy past discrimination. In addition, rather
than having to ensure that students of the other sex were receiving
the same opportunities in a single-sex setting, the new rules
would allow them to provide those opportunities in a co-ed setting.
Federal officials
said the changes would allow schools to offer a greater variety
of educational options to parents, and said that under no circumstances
would children be required to attend same-sex schools or classes.
The regulations would take effect after a 45-day comment period.
"We are not
advocating single-sex schools and we are not advocating single-sex
classrooms," said Kenneth Marcus, who oversees the Office
for Civil Rights in the federal Education Department. "We
understand that co-ed remains the norm. We are simply trying to
ensure that educators have flexibility to provide more options."
The new regulations
drew immediate fire from some women's and civil liberties groups,
who said they were in violation of Title IX, the landmark law
that prohibits sex-based discrimination in schools. Even some
supporters of the new rule suggested it stood on shaky ground.
"This is not
an evolutionary position that they've taken. It's revolutionary,"
said Randy Tucker, vice president of the board of the National
Coalition of Girls Schools. "It's a longstanding position
that separate but equal was not a valid standard for education,
whether it was by race or gender."
Mr. Tucker said the
new rules were certain to face legal challenges.
Susan Aspey, a spokeswoman
for the Education Department, said the proposed changes "include
ample safeguards to ensure nondiscrimination," and could
withstand legal challenges.
For the moment, the
changes affect but a single small thread in the tapestry of public
education. There are currently 24 same-sex public schools across
the country, many opened in the last two years, and 93,000 co-ed
public schools. The issue gained new momentum with the passage
of the No Child Left Behind law, when women senators from both
parties came out in support of same-sex education, and asked the
Education Department to draft guidelines to permit their growth
by last May.
Research on the gains
of children in same-sex vs. co-ed classrooms has been inconclusive.
A 1998 survey of research by the American Association of University
Women found no overall benefit to same-sex classrooms or schools,
but some research since then has suggested that girls learn differently
than boys, and that some students learn better when separated
from the opposite sex.
The Bush administration
has earmarked $297 million each year for "innovative programs"
in education, including single-sex schools. Ms. Aspey said the
department did not track how much of the money was going to same-sex
instruction.
In recent years,
the attitude toward same-sex education has undergone major change,
said Tom Carroll, the founder and chairman of Brighter Choice
Charter School for Boys and Brighter Choice Charter School for
Girls in Albany. "Before the department was trying to stamp
out single-sex instruction, and now they've thrown the door wide
open for schools and districts to offer it."
That is precisely
what has alarmed women's rights advocates like Marcia Greenberger,
co-president of the National Women's Law Center, which spent much
of last year battling the Education Department's proposals to
rewrite Title IX regulations that protect women's sports programs.
In the end, the regulations remained intact.
Ms. Greenberger said
her organization would consider challenging the new guidelines
in court. She called the changes "a very serious attack on
the most fundamental principles underlying protections against
sex discrimination under Title IX and under our Constitution,"
and said they would "set back progress that women and girls
have made for over 30 years."
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