Encl. (2) to COMDTINST 5350.20A
(4) Describe in detail the steps necessary to eliminate as soon as practicable each
obstacle so identified and indicate the schedule for taking these steps and the individual
directly responsible for their implementation.
(5) Include estimates of the number of students, by sex, expected to apply for, be
admitted to, and enter each class during the period covered by the plan.
(c) Nondiscrimination. No policy or practice of a recipient to which Sec. 17.225
applies shall result in treatment of applicants to or students of such recipient in violation
of Sec. Sec. 17.300 through 17.310 unless such treatment is necessitated by an obstacle
identified in paragraph (b)(3) of this section and a schedule for eliminating that obstacle
has been provided as required by paragraph (b)(4) of this section.
(d) Effects of past exclusion. To overcome the effects of past exclusion of students on
the basis of sex, each educational institution to which Sec. 17.225 applies shall include in
its transition plan, and shall implement, specific steps designed to encourage individuals
of the previously excluded sex to apply for admission to such institution. Such steps shall
include instituting recruitment programs that emphasize the institution's commitment to
enrolling students of the sex previously excluded.
Sec. 17.235 Statutory amendments.
(a) This section, which applies to all provisions of these Title IX regulations, addresses
statutory amendments to Title IX.
(b) These Title IX regulations shall not apply to or preclude:
(1) Any program or activity of the American Legion undertaken in connection with the
organization or operation of any Boys State conference, Boys Nation conference, Girls
State conference, or Girls Nation conference;
(2) Any program or activity of a secondary school or educational institution
specifically for:
(i) The promotion of any Boys State conference, Boys Nation conference, Girls State
conference, or Girls Nation conference; or
(ii) The selection of students to attend any such conference;
(3) Father-son or mother-daughter activities at an educational institution or in an
education program or activity, but if such activities are provided for students of one sex,
opportunities for reasonably comparable activities shall be provided to students of the
other sex;
(4) Any scholarship or other financial assistance awarded by an institution of higher
education to an individual because such individual has received such award in a single-
sex pageant based upon a combination of factors related to the individual's personal
appearance, poise, and talent. The pageant, however, must comply with other
nondiscrimination provisions of Federal law.
(c) For purposes of these Title IX regulations, program or activity or program means:
(1) All of the operations of any entity described in paragraphs
(c)(1)(i) through (iv) of this section, any part of which is extended Federal financial
assistance:
(i)(A) A department, agency, special purpose district, or other instrumentality of a
State or of a local government; or
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