Legal Issues Surrounding Single-Sex Schools in the U.S.: Trends, Court Cases, and Conflicting Laws

Abstract

The No Child Left Behind Act of 2001, followed by the 2006 U.S. Department of Education regulations, represented a drastic change in American public policy by allowing for sex segregation in public schools—as long as it is voluntary, students are provided a substantially equal co-educational option, and the segregation substantially furthers an important governmental objective. Although existing federal and state laws explicitly ban sex segregation, the Courts have historically allowed single-sex schooling within higher education if it does not perpetuate gender stereotypes. Because of the recent public policy changes, there has been a rapid increase in single-sex education within the U.S. public elementary and secondary school system. Many of the now single-sex public schools, however, began segregating because they believe that boys and girls should be taught differently due to innate differences in learning styles and interests. The result is that many of these schools base their educational practices on gender stereotypes. This contradiction of existing laws and precedents has resulted in ongoing lawsuits. This paper offers a review of the legal issues and court cases surrounding single-sex education in the public school system.