24.9.1006    ACCESS TO COURSE OFFERINGS AND ACTIVITIES

(1) Unless an exception is based on reasonable grounds, an educational institution shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music and adult education courses.

(2) This rule does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

(3) This rule does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball and other sports, the purpose or major activity of which involves bodily contact.

(4) 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 educational institution shall use appropriate standards which do not have such effect.

(5) Portions of classes in elementary and secondary schools which deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.

(6) Educational institutions may make requirements based on vocal range or quality which may result in a chorus or choruses of one or predominantly one sex.

History: This rule is advisory only but may be a correct interpretation of the law, Sec. 2-4-308, MCA, Eff. 10/1/83; Sec. 49-2-204, 49-3-106, MCA; IMP, Sec. 49-2-307 and 49-3-203, MCA; NEW, 1987 MAR p. 312, Eff. 3/27/87.