20 U.S.C. § 1686
Interpretation with respect to living facilities
Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.
Notes of Decisions
Cited in 42
cases (26 in the last 5 years), 1995–2026 · leading case: G.G. Ex Rel. Grimm v. Gloucester Cnty. Sch. Bd., 822 F.3d 709 (4th Cir. 2016).
G.G. Ex Rel. Grimm v. Gloucester Cnty. Sch. Bd., 822 F.3d 709 (4th Cir. 2016). “” 20 U.S.C. § 1686 . The Department’s regulations implementing Title IX permit the provision of “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…”
Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). “A provision of Title IX, 20 U. S. C. §1686 , allows schools to maintain “separate living facilities for the different sexes,” but it may be argued that a student’s “sex” is the gender with which the student identifies.”
Drew Adams v. Sch. Bd. of St. Johns Cnty., Florida, 57 F.4th 791 (11th Cir. 2022). “” 20 U.S.C. § 1686 . The regulations implementing Title IX explicitly permit schools receiving federal funds to “provide sepa- rate housing on the basis of sex,” so long as the housing is “[p]roportionate in quantity to the number of students of that sex applying for such…”
Parents for Privacy v. William Barr, 949 F.3d 1210 (9th Cir. 2020). “from maintaining separate living facilities for the different sexes,” 20 U.S.C. § 1686 , and that Title IX’s implementing regulations specifically authorize providing separate but comparable “toilet, locker room, and shower facilities on the basis of sex,” 34 C.”
Nicholas Meriwether v. Francesca Hartop, 992 F.3d 492 (6th Cir. 2021). “” 20 U.S.C. § 1686 . Thus, it does not follow that principles announced in the Title VII context automatically apply in the Title IX context.”
Franciscan All., Inc. v. Burwell, 227 F. Supp. 3d 660 (N.D. Tex. 2016). “The structure of 20 U.S.C. § 1681 et seq. (Title IX) supports this conclusion.”
Roe v. Critchfield, 137 F.4th 912 (9th Cir. 2025). “” 20 U.S.C. § 1686 . A Department of Education regulation, 34 C.”
Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016). “9 For the Court to find that the statute was ambiguous, it need not find that the agencies’ interpretation is the only plausible reading of “sex” in the statute, but, rather, that it is one of the plausible readings. Therefore, the district court cases Third-Party Defendants…”
Drew Adams v. Sch. Bd. of St. Johns Cnty. Florida, 968 F.3d 1286 (11th Cir. 2020). “See 20 U.S.C. § 1686 ; 34 C.F.R. § 106.33 . Turning to the provisions at issue, this question is not close.”
Johnston v. Univ. of Pittsburgh of the Commonwealth Sys. of Higher Educ., 97 F. Supp. 3d 657 (W.D. Pa. 2015). “20 U.S.C. § 1686 . Thus, Title IX and its implementing regulations clearly permit schools to provide students with certain sex-segregated spaces, including bathroom and locker room facilities, to perform certain private activities and bodily functions consistent with an…”
Wilson v. Glenwood Intermountain Props., Inc., 98 F.3d 590 (10th Cir. 1996). “The court also ruled that in any case defendants’ practices were permitted under Title IX, 20 U.S.C. § 1686 , which provides in pertinent part: “[Njothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining…”
Adams v. Sch. Bd. of St. Johns Cnty., 318 F. Supp. 3d 1293 (M.D. Fla. 2018). “33 , it cannot be a violation of the statute to provide school restrooms which are separated based on "biological sex.”
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