Section 829.10  Definitions

 

In addition to the terms defined in Part 751, the following terms are defined for the purposes of this Part.

 

"Comparable" means similar in quality and quantity, taking into consideration all relevant facts and circumstances.

 

"Contact Sports" means those sports whose purpose or major activity involves bodily contact:  e.g., basketball, boxing, football, goalball, rugby and wrestling.

 

"Counseling" means all guidance activities, personal counseling, guidance-related evaluation and testing, provision of vocational and career information and advice, scheduling assistance, and any other guidance services provided to students by any person acting under the authorization of the School.

 

"Course" means any School sponsored class regardless of the location of the class meetings, nature of instruction or type or age of student.

 

"Discrimination" means the violation of individuals' State or federal equal rights guarantees (U.S. Constitution, Amendment 14; 20 USC 1681 et seq.; Illinois Constitution, Article I, Sections 2, 18; and Sections 10-22.5 and 27-1 of the School Code [105 ILCS 5/10-22.5], whether intended or unintended.

 

"Disparate Interest Levels" means that, according to the results of a School's written student athletics interest survey, the total number of students of one sex who wish to participate in all athletics exceeds by more than 50% the total number of students of the other sex who wish to participate in all athletics.  Disparate interest levels do not in and of themselves evidence discrimination.

 

"Disproportionate Enrollment" means that students of one sex constitute at least 75% of a School's participants in a given program, course, or activity.  Disproportionate enrollment does not in and of itself evidence discrimination.

 

"Equal Access" means availability of opportunity without discrimination on the basis of sex, going beyond simple admission to a course or activity to include full and unrestricted participation in educational and experiential processes.

 

"Prime Time" means that time period which is most desirable locally for a given activity.

 

"Program" means a series of courses or set of activities leading toward identified educational or experiential student outcomes.

 

"Sex Bias" means the attribution of behaviors, abilities, interests, values and/or roles to a person or group of persons on the basis of their sex.

 

"Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

 

"Sexual Intimidation" means any behavior, verbal or nonverbal, which has the effect of subjecting members of either sex to humiliation, embarrassment or discomfort because of their gender.

 

"Significant Assistance" means the payment of dues, fees, or other remuneration in return for the provision of services or benefits, or any other collaboration that significantly facilitates the functioning of any agency, organization, or person outside the School.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.20  Applicability

 

Nothing contained herein shall be construed as relieving a School of its duty to comply with Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.) or its implementing regulations (34 CFR 106).

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.30  Administration

 

a)         All policies and practices of the School shall comply with Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.), Article I, Section 18 of the Illinois Constitution, and Sections 10-22.5 and 27-1 of the School Code [105 ILCS 5/10-22.5 and 27-1].

 

b)         The School shall not discriminate on the basis of sex in the provision of programs, activities, services, or benefits.  They shall guarantee both sexes equal access to educational and extracurricular programs and activities.

 

c)         Any individual(s) wishing to appeal a decision of action alleging that a School has discriminated against a student or students on the basis of the student's sex may do so as set forth in 89 Ill. Adm. Code 510 (Appeals).

 

d)         Each School shall take reasonable measures to assure that employees, students and parents or guardians are informed of the School's sex equity policy and grievance procedure, e.g., through the use of policy manuals and student handbooks.

 

e)         Each School shall, at least every four years, evaluate its policies and practices in terms of the requirements of these rules to identify sex discrimination and shall develop a written sex equity plan to modify any policy or practice that does not meet the requirements of those rules and take remedial steps to eliminate the effects of any discrimination resulting from the policy or practice.

 

1)         The sex equity evaluation shall include an examination of course enrollment data to identify any instances of disproportionate enrollment on the basis of sex and, where discrimination may have contributed to the disproportionality, the sex equity plan shall seek to redress the disproportionality identified.

 

2)         DHS-DRS shall assure that in-service training implementing the sex equity plan shall be provided to the School administrators and to certificated and non-certificated personnel annually.

 

f)         Except as provided in Section 829.70(a)(4) and 829.100, a School may not, on the basis of sex, designate or otherwise limit the use of any facility or portion thereof, related services, equipment or supplies.  This Section shall not apply to shower and toilet facilities, locker rooms, dormitories, and dressing areas.  All accommodations and all related support and maintenance services shall be comparable for both sexes.

 

g)         Except as provided in Section 829.70(a)(4), a School may not provide significant assistance to or enter into any agreement with any organization, group, business or individual that discriminates against students on the basis of sex.

 

h)         A School shall not institute organizational changes or employment practices that would result in discrimination against students of either sex.

 

i)          A School shall maintain records documenting compliance with this Part, e.g., records of sex equity evaluations and plans, remediation efforts and in-service activities, athletic interest survey results, enrollment data, grievances and their disposition; these records shall be made available to the Illinois State Board of Education  enforcement authorities upon request.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.40  Treatment of Students

 

a)         No student shall, on the basis of sex, be denied equal access to programs, activities, services or benefits or be limited in the exercise of any right, privilege, advantage or opportunity.

 

b)         A School shall apply the same system and program admission standards for both sexes.

 

c)         A School shall not set quotas limiting the number of either male or female students who will be admitted to the School's programs, courses or activities unless the quotas have the effect of furthering affirmative action goals established by the School to overcome the effects of conditions that resulted in limited participation in a program or activity by persons of a particular sex.

 

d)         Graduation requirements shall be the same for both sexes.

 

e)         No student shall be discriminated against because of his or her actual or potential marital or parental status.

 

1)         Pregnancy shall be treated as any other temporary disability.

 

2)         Pregnancy or parenthood shall not be considered cause for dismissal or exclusion from any program or activity.

 

3)         Participation in special programs provided for pregnant students or students who are parents shall be at the student's option.

 

4)         The School shall eliminate administrative and programmatic barriers to school attendance and school completion by pregnant students or students who are parents.

 

5)         The School will not pay for medical care directly related to pregnancy or for child care for the children of students.

 

f)         No student shall be subjected to sexual intimidation or harassment by any School employee, by other students, or by the effect of any school policy or practice.

 

g)         A School shall not discriminate on the basis of sex in the bestowing of awards, honors, scholarships and financial aid.

 

h)         A School may not discriminate on the basis of sex in the provision of employment opportunities for students; a School may not enter into work-study or cooperative employment agreements with employers who discriminate against students on the basis of sex.

 

i)          The Schools' discipline policies and practices shall not discriminate on the basis of sex.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.50  Educational Programs and Activities

 

a)         General Practices

 

1)         All courses shall be open to students regardless of their sex, although students may be segregated by sex during class sessions or portions of class sessions that deal exclusively with human sexuality.

 

2)         Students shall be advised to take courses consistent with their interests and abilities, regardless of their sex.

 

3)         Neither course titles nor course descriptions shall discourage either sex from enrolling.

 

4)         Course prerequisites and course requirements shall be the same for both sexes.

 

5)         Course content and course objectives shall not discriminate on the basis of sex.

 

b)         Selected Program Areas

 

1)         Music

 

A)        Students shall not be separated according to sex when participating in voice instruction, although divisions within a class may be established on the basis of vocal range and quality.

 

B)        The study of musical instruments shall be suited to students' individual interests and abilities, regardless of their sex.

 

2)         Physical Education

 

A)        Each physical education class shall be open equally to both sexes.

 

i)          Instructional portions of all physical education classes shall be coeducational.

 

ii)         A student may be segregated by sex during participation in a contact sport, upon parental or guardian request or when the student's safety is at jeopardy.

 

B)        When assignments to classes or portions of classes are based on ability levels, group composition shall be determined by objective standards of individual performance developed and applied without regard to sex, and students shall be re-grouped at appropriate intervals, e.g., when substantial changes occur in either teaching objectives or student ability levels.

 

C)        If the use of a single standard for measuring skill or progress in a physical education class results in discrimination against members of either sex, appropriate standards that do not have that effect shall be used.

 

D)        Neither physical education classes nor areas where those classes are conducted shall be designated by sex.

 

3)         Special Education

 

A)        Special education referral, testing and placement practices shall not discriminate on the basis of sex.

 

B)        Classes and related services for students with disabilities shall not discriminate on the basis of sex.

 

4)         Gifted Education

 

A)        Gifted education referral, testing and placement practices shall not discriminate on the basis of sex.

 

B)        Programs and classes or related services for gifted students shall not discriminate on the basis of sex.

 

5)         Technical and Career Education

 

A)        Students shall be provided opportunities to acquire knowledge and understanding of technical and career options without discrimination on the basis of sex.

 

B)        Materials used in technical and career education shall not discriminate on the basis of sex.

 

c)         Classroom Practices

 

1)         Classroom practices shall not discriminate on the basis of sex.

 

2)         Teaching methods shall in no way inhibit the participation of any student on the basis of sex.

 

3)         The history, roles and contributions of both sexes shall be presented on a comparable basis in curricular areas.

 

4)         Teachers shall utilize methods designed to counteract sex bias in instructional materials.

 

5)         Instructional materials shall not be discriminatory against either sex.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.60  Counseling Services

 

a)         Counseling services shall be provided without discrimination on the basis of sex.

 

1)         Students shall not be assigned to a counselor on the basis of sex.

 

2)         Students shall be counseled to take courses and pursue careers that are consistent with their strengths, interests and abilities, regardless of their sex.

 

b)         Career materials used in counseling students shall not discourage, by word or image, the consideration by both sexes of all careers addressed in the materials.

 

c)         The content, administration, interpretation and application of appraisal instruments and associated materials shall not discriminate against students on the basis of sex.

 

(Source:  Amended at 23 Ill. Reg. 10281, effective August 10, 1999)

 

Section 829.70  Extracurricular Programs and Activities

 

a)         General Practices

 

1)         Except as provided in subsection (b)(1)(A), students of both sexes shall have equal access to all extracurricular programs and activities, including clubs, committees, service or honor organizations, intramural sports programs, interscholastic athletics and other after-school activities that are offered by a School.

 

2)         Except as provided in subsection (b)(1)(A), extracurricular programs and activities offered by a School shall not use titles that imply that membership or participation is restricted on the basis of sex.

 

3)         A School shall not provide significant assistance to any association or conference whose purpose is to organize or regulate interscholastic competition if that association or conference discriminates on the basis of sex in the provision of benefits or services to students.

 

4)         The School may cooperate with single sex youth organizations that are tax exempt and whose membership has traditionally been limited to members of one sex and principally to persons who are under 19 years of age, provided that comparable activities shall be available for both sexes.

 

b)         Selected Activity Areas

 

1)         Athletics (Interscholastic and Intramural)

 

A)        Both sexes shall be accorded equal opportunities to participate in athletic programs.

 

i)          Single-sex teams are permitted for contact sports or when selection for team membership is based upon competitive skill, provided the interests and abilities of both sexes are accommodated.

 

ii)         In a non-contact sport, when a team is provided only for members of one sex, members of the excluded sex must be allowed to compete for a place on the team if their overall athletic opportunities have been limited in comparison with those of the other sex.

 

iii)        When a coeducational team in a given sport does not accommodate the interests and abilities of members of both sexes, separate teams shall be afforded by sex.  For example, if the level of interest determined pursuant to subsection (b)(1)(B) indicates that 30 students of one sex and 30 students of the other sex want to participate in a particular sport, but only one student of the first sex is able to qualify to compete while 20 students of the other sex do so, a coeducational team does not accommodate the interests and abilities of both sexes.

 

B)        At least once every four years, each School shall assess student athletics interest by administering a written survey to all students.  If survey data indicate that the overall levels of student interest in the range of alternatives being provided are disparate between the sexes and this disparity may be the result of discrimination, the School shall initiate efforts to reduce this disparity.

 

C)        Based upon the results of the interest survey, existing offerings and other pertinent factors (e.g., budget, facilities, available competition, etc.), each School shall provide comparable continuity in sports opportunities for students of both sexes (i.e., students have the opportunity to acquire skills at successive levels, over time, within a given sport).

 

D)        The nature and extent of the athletics programs offered by a School shall accommodate the interests and abilities of both sexes to a comparable degree.  Factors to be considered in assessing program comparability include, but are not necessarily limited to, the following:  

 

i)          selection of sports offered;

 

ii)         levels of competition within sports;

 

iii)        length of sports seasons;

 

iv)        scheduling of athletics opportunities throughout the calendar year;

 

v)         scheduling of practices and games during prime time;

 

vi)        use of facilities for practice and competition;

 

vii)       ratio of coaches to athletes;

 

viii)      quality of coaching and officiating (e.g., credentials, experience and compensation);

 

ix)        assignment and compensation of coaches and officials;

 

x)         supplies and equipment;

 

xi)        allowances for travel and per diem;

 

xii)       medical and training services;

 

xiii)      publicity for teams and individual participants; and

 

xiv)      overall distribution of athletic budget funds.

 

2)         Music

 

A)        Choruses segregated by sex shall not be allowed; however, choral groups based upon vocal range and qualities are allowable.

 

B)        Instrumental music skill acquisition and performance shall be based upon students' individual interests and abilities, regardless of their sex.

 

3)         Speech and Drama

 

A)        Competitive speaking events shall be open to both sexes.

 

B)        Materials limited to a single sex (e.g., a monologue specific to one sex) may be used as long as comparable opportunities are provided for both sexes.

 

4)         Miscellaneous

 

A)        Activities such as cheerleading, pompom squads, color guards, school safety patrol, teacher or office aides, and library assistants shall be open to students of both sexes.

 

i)          Participation criteria, selection procedures, or uniform restrictions that would discriminate on the basis of sex shall not be applied.

 

ii)         Criteria for the utilization of these groups shall not discriminate on the basis of sex.

 

B)        A king or queen of an activity may be selected; however, comparable opportunities for students of both sexes shall be provided.

 

C)        If a School sponsors mother-son, father-daughter, mother-daughter, or father-son activities, comparable activities shall be available for both sexes, and the special needs of children from single-parent families shall be accommodated.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.80  Compliance and Enforcement

 

Compliance with this Part will be subject to evaluation during the recognition process for the School established in 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision).

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.90  Effects of Other Requirements

 

The obligation to comply with this Part is not obviated or alleviated by any policy or regulation of any club, organization, athletic league or other association that would limit the eligibility or participation of students on the basis of their sex in any program or activity operated by any School covered by this Part.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)

 

Section 829.100  Supervision of Students by School Staff

 

a)         Supervision and assistance of female students, as necessary, in the performance of personal hygiene will be performed by an adult female staff.

 

b)         Extracurricular activities that require overnight stays away from the School will be supervised by female staff when the students involved are female.

 

(Source:  Amended at 37 Ill. Reg. 6368, effective April 25, 2013)