(a)
(1)
Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district with an average daily attendance of 250,000 or more pupils may maintain any single gender schools and classes that were enrolling pupils as of July 1, 2017, provided that the governing board of the school district has adopted a policy that addresses how the school district will ensure compliance with Title IX regulations (34 C.F.R. Part 106).
(2)
Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a charter school authorized by a school district with an average daily attendance of 250,000 or more pupils may be
maintained as a single gender school or may maintain single gender classes, only if, as of July 1, 2017, the school operated as a single gender school or operated single gender classes, provided that the governing body of the charter school has adopted a policy that addresses how the charter school will ensure compliance with Title IX regulations (34 C.F.R. Part 106).
(3)
(A)
A school continuing to operate as a single gender school pursuant to this section shall not have a total pupil enrollment exceeding 700 pupils.
(B)
A coeducational school maintaining existing single gender classes pursuant to this section shall not have a total pupil enrollment exceeding 1,000 pupils. This subparagraph shall not apply for single gender classes authorized pursuant to subdivision (b) of Section 221.5 or of the kinds described in paragraphs (1) to (4), inclusive, of
subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations.
(4)
Any corrective action ordered by the department before July 1, 2017, and applicable to a school maintained under this section shall remain in effect.
(5)
A school continuing to operate a single gender class or as a single gender school pursuant to this section shall enroll pupils in the class or school, as applicable, based on the pupil’s gender identity.
(b)
A policy adopted pursuant to subdivision (a) shall include, but not necessarily be limited to, all of the following requirements:
(1)
The single gender aspect of the school or classes will serve an important school district or charter school objective to do either of the following:
(A)
Improve the educational achievement of its pupils through the school district’s or charter school’s overall established policy to provide diverse educational opportunities, provided that the single gender nature of the school or classes is substantially related to achieving that objective.
(B)
Meet the particular, identified educational needs of its pupils, provided that the single gender nature of the school or classes is substantially related to achieving that objective.
(2)
The school district or charter school will implement its objective in an evenhanded manner.
(3)
Pupil enrollment in a single gender school or classes will be voluntary.
(4)
(A)
Except as
provided in subparagraph (B), the school district or charter school will provide to all pupils a substantially equal coeducational class, extracurricular activity, or program in the same subject.
(B)
Subparagraph (A) shall not apply to a nonvocational charter school that is a single school that is not part of a network or chain of charter schools or a charter school management organization that has more than one school.
