Re: equity in private schools
Linda Purrington (lpurring@earthlink.net)
Tue, 03 Mar 1998 13:11:19 -0800
Public schooling is a function reserved to the states, is it not? And
the states cannot make any law that conflicts with Title IX, right? In
short, the states must extend to all students what is offered in the
Constitution or in Title IX. And for the same reasons that Title IX is
often/usually applicable to private schools, namely via federal funding
to any portion or program of the school, then equal protection under the
law does apply to those schools, right?
Title IX is not a catch-all gender equity law in education (for both
students and teachers), but it is intended to provide equal opportunity
for education. If a state law or rule/regulation does not comply with
Title IX, then it can be challenged under the equal protection clause,
and the lawsuit can make its tortuous way to the Supreme Court for
clarification, and the state law accordingly struck down or upheld.
Meanwhile, the people can watch thie case, raise cain and questions
about the issues, educate everyone, and establish a climate in which
legislative change can go forward. This is in itself part of thhat
educational climate; thanks to edequity@mail.edc.org.
Mazeltov!
Linda Purrington
Title IX Advocates <lpurring@earthlink.net>
___________________________________
kgalles@erols.com wrote:
>
> Linda -- I don't understand your question. Do you want info on the 14th
> Amendment or Title IX? The 14th Amendment does not apply to private
> schools because its language applies only to STATE action. It says that
> the STATE must provide equal protection. THus, it does not apply to
> private actors. Title IX DOES apply to private schools if the schools
> receive federal funds. Title IX is not a catch-all gender equity law.
> It merely says that the government can take away the money it gives a
> school if the school doesn't follow the government's rules for that
> money. Most private schools accept federal funds in some way, so Title
> IX is almost always applicable.
>
> <kgalles@erols.com>
>
> Linda Purrington wrote:
> >
> > Yes, I'd like to know why they wouldn't apply to private schools, in
> > the sense that they make what goes on in private schools responsive to
> > the constitutional provision of equity. Can you clue me in to some
> > legal briefs I might look at that would explain what you do use with
> > private schools? I have some people who are interested in private
> > schools. And how would you litigate against the provision of
> > single-gender schools/classrooms? Thanks! Linda Purrington
> > <lpurring@earthlink.net>
> > ________________________________________
> >
> > kgalles@erols.com wrote:
> > >
> > > The 14th Amendment does NOT apply to private schools unless they are
> > > intimately associated in some way with the state. Therefore, the
> > > Due Process Clause does NOT apply to private schools. Title IX, on the
> > > other hand DOES apply to private schools if they receive any federal
> > > funding for any educational program. If you still want more info on due
> > > process even though it does not apply to private schools, let me know.
> > > I litigate this stuff all the time.
> > >
> > > <kgalles@erols.com>
> > >
> > >
> ______________________________________________________________________________
> > >
> > > C123S105L@aol.com wrote:
> > > >
> > > > Can someone tell me what "due Process'' is under the 14th Amendment ?
> > > > this is great info. regarding private schools and how they stand
regarding
> > > > Titlte IX.
> > > > we were considering private education (6Grade) for our daughter but I
> > believe
> > > > it
> > > > is almost out of the question now. We never put one and one together and
> yes
> > > > realized that Title Ix would be difficult to enforce in private schools.
> > > >
> > > > Adri Lesemann <C123S105L@aol.com>