392-190-045  <<  392-190-050 >>   392-190-055

WAC 392-190-050

Agency filings affecting this section

Course offerings—Generally—Separate sessions or groups—When permissible.

No school district shall provide any course or otherwise carry out any of its education programs or activities separately on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal or require or refuse participation therein by any of its students on such basis. This section shall not be construed to prohibit:
(1) The grouping of students in physical education classes and activities by demonstrated ability as assessed by objective standards of individual performance developed and applied without regard to sex. 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 school district must immediately implement appropriate standards which do not have such effect;
(2) The separation of students by sex within physical education classes or activities offered for students in grades 7 through 12 if:
(a) It can clearly be shown under the factual circumstances involved in the particular case, that the maintenance of a separate physical education class or activity for boys and girls truly constitutes the best method of providing both sexes, as a whole, with an equal opportunity to participate in such class or activity; and
(b) At the same time, a test of substantial equality between the two classes or activities can be found to have been met;
(3) Separate sessions for boys and girls with respect to those portions of classes which deal exclusively with human sexuality;
(4) Classes and/or activities which a school district may establish or maintain requirements based on vocal range or quality which may result in a chorus or choruses of one or predominantly one sex; and
(5) Classes, courses or placement of students based on the student's individual language skill development and/or based on the student's needs as identified in the student's individualized education program.
[Statutory Authority: RCW 28A.642.020 and 28A.640.020. WSR 11-09-024, § 392-190-050, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220 [(1)](a). WSR 89-23-001 (Order 15), § 392-190-050, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-050, filed 7/9/80; Order 6-76, § 392-190-050, filed 5/17/76.]