Courts Consider Whether Nonpublic Schools Are Subject To Title IX Based On 501(c)(3) Status

What You Need to Know

Key takeaway #1

The Fourth Circuit heard oral argument in late January on the issue of whether an independent or nonpublic school's 501(c)(3) tax-exempt status is a form of federal financial assistance that subjects the school to Title IX.

Key takeaway #2

An Arizona district court recently held in Doe v. Horne that a private school's 501(c)(3) status does not subject the school to Title IX.

The Fourth Circuit and an Arizona district court both have grappled with the issue of whether a school's 501(c)(3) tax-exempt-status is a form of "federal financial assistance" under various federal nondiscrimination provisions. For a nonpublic school to be subject to statutes such as Title VI or Title XI, the school must be a recipient of federal financial assistance.