Re: Legality of single-sex education
Linda Purrington (lpurring@earthlink.net)
Thu, 05 Mar 1998 19:54:45 -0800
If the academies are funded by the California State Department of
Education, would that not make them public schools? And we already have
discussed that if any program within a school--or even
institution--receives federal funding, then Title IX applies. Maybe we
could get Debbie Brake of the National Women's Law Center to offer a
critique of the GAO document? Linda Purrington, Title IX Advocates
<lpurring@earthlink.net>
________________________________________
owner-edequity@tristram.edc.org wrote:
>
> 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
> > > +++++++++++++++++++++++++++++++++++++++++++++++