Re: Legality of single-sex education

owner-edequity@tristram.edc.org
Wed, 04 Mar 1998 21:09:45 -0500


Are the California academies public schools or private schools that
receive some state funding? Catholic and other religious schools often
receive some form of state education funding, so the fact that a school
receives public funding does NOT make it a public school. If the school
is run by a public school board, then it is a public school. However,
if the state is intimately involved with the running of these academies,
then a court MIGHT deem them to be state actors. Private reform schools
are sometimes treated as state actors if state courts send kids there
and if the state school and court systems are involved in running the
schools. The first step is to clarify if the academies are public or
private. It makes a BIG difference in the law. Kristen Galles, Equity
Legal <kgalles@erols.com>

____________________________________________

Linda Purrington wrote:
>
> Well, there's no doubt single-sex academies now exist, and that they are
> being funded by the California Department of Education in Butte VAllley,
> San Franscisco, and Stockton; and that the challege to Title IX was
> anticipated, and probably intended. I am sure someone noted this before,
> and that somewhere the legal wheels have clunked into motion
> challenginng these schools on the basis of Title IX, equal protection
> under the laws, and citing Brown v. Board of Education, Topeka, Kansas.
> I would really like to link up with those plaintiffs, lawyers, if anyone
> knows of them. Thanks a bunch, Linda Purrington, Title IX Advocates
> <lpurring@earthlink.net>
> __________________________________________________
>
> John Lindner wrote:
> >
> > At 8:41 PM -0800 2/25/98, Linda Purrington wrote:
> > >I've attached the references from the CA dept of education on
> > >single-gender academies. Now, does anyone know what legal challenges
> > >are being mounted, and where these single-gender academies are now being
> > >set up, and what funds are being used for them? Linda Purrington
> > ><lpurring@earthlink.net>
> >
> > Glancing briefly through the Education Code sections you cited, it appears
> > these schools are being established as a form of magnet or alternative
> > school, under a district's existing authority to do so. I couldn't say
> > whether this is legal or not, and I'm not aware of any challenges currently
> > underway.
> >
> > It may not be possible to challenge them until they're actually applied for
> > and/or established.
> >
> > The second code section below doesn't specify what the funding source is,
> > so I'd guess it's from the General Fund allocation to the State Department
> > of Education.
> >
> > Take care,
> >
> > John
> >
> > ==========
> >
> > California Education Code
> >
> > 58523. (a) The governing board of a school district receiving a
> > grant pursuant to this chapter shall establish a single gender
> > academy as a magnet school pursuant to its general power established
> > under Section 35160 or an an alternative education magnet school
> > pursuant to Chapter 3 (commencing with Section 58500).
> > (b) The governing board of a school district receiving a grant
> > pursuant to this chapter shall provide a detailed report of the
> > relative success of the single gender academy to the Superintendent
> > of Public Instruction, Department of Finance, office of the
> > Legislative Analyst, Joint Legislative Budget Committee, Senate
> > Committee on Education, and to the Assembly Committee on Education on
> > or before January 1, 2000.
> >
> > 58524. The Superintendent of Public Instruction shall allocate two
> > hundred fifty thousand dollars ($250,000) for each single gender
> > academy established pursuant to this chapter to the school district
> > establishing the academy.
> >
> > +++++++++++++++++++++++++++++++++++++++++++++++
> > Mr. John Lindner
> > johng@garlic.com
> > jlindner@davis.ogsd.k12.ca.us
> > http://www.davis.ogsd.k12.ca.us/s/sananselmo
> >
> > Third Grade Teacher/Technology Co-coordinator
> > San Anselmo Elementary School
> > 6670 San Anselmo Way
> > San Jose, California, 95119 USA
> > 408.578.2710 voice
> > 408.578.3660 fax
> > +++++++++++++++++++++++++++++++++++++++++++++++


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