C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited

28 C.F.R. § 54.410

Comparable facilities

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A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016).
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Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016). “33 ; 28 C.F.R. § 54.410 . Title IX does not define “sex” in either the statute or the regulations, and the regulations- are silent as to how to determine a transgender student’s sex for purposes of access to bathrooms, locker rooms, and shower facilities.”
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