Encl. (2) to COMDTINST 5350.20A
(A) Proportionate in quantity; and
(B) Comparable in quality and cost to the student.
(ii) A recipient may render such assistance to any agency, organization, or person that
provides all or part of such housing to students of only one sex.
Sec. 17.410 Comparable facilities.
A recipient may provide separate toilet, locker room, and shower facilities on the basis
of sex, but such facilities provided for students of one sex shall be comparable to such
facilities provided for students of the other sex.
Sec. 17.415 Access to course offerings.
(a) A recipient shall not provide any course or otherwise carry out any of its education
program or activity separately on the basis of sex, or require or refuse participation
therein by any of its students on such basis, including health, physical education,
industrial, business, vocational, technical, home economics, music, and adult education
courses.
(b)(1) With respect to physical education classes and activities at the elementary school
level, the recipient shall comply fully with this section as expeditiously as possible, but in
no event later than one year from March 6, 2003. With respect to physical education
classes and activities at the secondary and post-secondary levels, the recipient shall
comply fully with this section as expeditiously as possible but in no event later than three
years from March 6, 2003.
(2) This section does not prohibit grouping of students in physical education classes
and activities by ability as assessed by objective standards of individual performance
developed and applied without regard to sex.
(3) This section does not prohibit separation of students by sex within physical
education classes or activities during participation in wrestling, boxing, rugby, ice
hockey, football, basketball, and other sports the purpose or major activity of which
involves bodily contact.
(4) Where use of a single standard of measuring skill or progress in a physical
education class has an adverse effect on members of one sex, the recipient shall use
appropriate standards that do not have such effect.
(5) Portions of classes in elementary and secondary schools, or portions of education
programs or activities, that deal exclusively with human sexuality may be conducted in
separate sessions for boys and girls.
(6) Recipients may make requirements based on vocal range or quality that may result
in a chorus or choruses of one or predominantly one sex.
Sec. 17.420 Access to schools operated by LEAs.
A recipient that is a local educational agency shall not, on the basis of sex, exclude any
person from admission to:
(a) Any institution of vocational education operated by such recipient; or
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