Ed Law Briefly: Opt-Out v. Opt-In for Single Sex Education

X
Story Stream
recent articles

Background: The Wood County School District in West Virginia adopted a policy separating boys and girls for certain subjects and using different teaching methods. A mother and her three Van Devender middle school daughters - unnamed in court filings and assigned the name "Doe" - complained that the practice was sex discrimination, violating both Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the U.S. Constitution. The American Civil Liberties Union filed the federal lawsuit.

The crux of the controversy involved a provision that required all students to participate in single-sex classes unless parents specifically objected by exercising an opt-out. The plaintiffs also cited adverse consequences for girls from the different teaching methods and the differences in classrooms assigned.

Issue: Do single-sex classrooms violate federal law and the U.S. Constitution when structured to have students automatically enrolled unless they actively exempt themselves?

Legal Principles: Title IX of the Education Amendments of 1972 was passed by Congress to guard against sex discrimination, sexual harassment, sexual stereotyping, and other sex-based mistreatment. The Equal Protection clause is found in the U.S. Constitution's 14th Amendment and requires that governments (such as schools) treat all students fairly. The 2006 U.S. Department of Education regulations outline what is legally acceptable when running a single-sex education program.

Outcome: The case was ultimately settled in favor of the Does, with the school district promising to refrain from single sex education for two years. Although there was no final court ruling, the plaintiffs seemed poised for victory. In August 2012 a U.S. District Court judge granted a preliminary injunction ordering the school district to halt the program for the remainder of the year. The court was skeptical about two things: (1) the program was not completely voluntary because students were placed inside and forced to opt out; (2) the school system failed to provide timely notice and procedural instructions about how to go about opting out.

Lessons for Principals and Teachers:

  • Although the U.S. Supreme Court has never directly ruled on the Constitutionality of single-sex classes or schools, the federal trial court reacted to the fact that students were forced into classes and had to say "no." 
  • The better policy approach would be to have students opt in to participate in single-sex education.
  • Because this case was dismissed under a settlement and without a court ruling, it does not bind or influence future cases. 
  • Even though the judge gave plaintiffs an early win, it is uncertain how the court would have ruled if a trial had been completed in this case.

U.S. District Court for the Southern District of West Virginia
Order for Preliminary Injunction

Doe v. Wood County Board of Education, Civ. Action No. 6:12-cv-04355(August 29, 2012).

Complaint Filed By Doe

U.S. Department of Education - Single Sex Education 

 

Comment
Show commentsHide Comments

Related Articles