Private School’s Tax Exempt Status Evades Title IX Mandate

Private schools’ tax-exempt status doesn’t constitute federal financial assistance, which would trigger their obligation to comply with Title IX’s mandate against sex discrimination, the Fourth Circuit ruled Wednesday in a case of first impression.

Title IX “has never been applied to organizations based solely on their tax exempt status,” the US Court of Appeals for the Fourth Circuit ruled in an opinion by Judge Stephanie D. Thacker. “Although tax exemption is a tax benefit, that does not mean it is ‘Federal financial assistance’ for Title IX purposes,” Thacker said, reversing and remanding.

The phrase, “‘receiving Federal financial assistance’ means taking ...