If a state passes a law that conflicts with Title IX, it is not the 14th
Amendment that invalidates it. Instead, it is the concept of
pre-emption, which means that if a state law and a valid federal law
(e.g., one that Congress passed without exceeding its constitutional
authority) conflict and cannot be read as complementary, then the
federal law pre-empts the state law....meaning the state law cannot be
enforced to the extent it interferes with the federal scheme.
I hope this discussion helps. Kristen Galles, Equity Legal <kgalles@erols.com>
__________________________________
Linda Purrington wrote:
>
> 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>