344.555 Prohibition against sex discrimination under any education program
635 words·~3 min read·
/ky/344-555A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
receiving state financial assistance -- Exceptions.
(1)No person shall, on the basis of sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any education program or
activity receiving state financial assistance, except that:
(a)In regard to admissions to educational institutions, this section shall apply
only to institutions of vocational education, professional education, and
graduate higher education, and to public institutions of undergraduate higher
education;
(b)This section shall not apply to an educational institution which is controlled
by a religious organization if the application of this subsection would not be
consistent with the religious tenets of the organization;
(c)This section shall not apply to an educational institution whose primary
purpose is the training of individuals for the military services of the United
States, or the merchant marines;
(d)In regard to admissions, this section shall not apply to any public institution of
undergraduate higher education which is an institution that traditionally and
continually from its establishment has had a policy of admitting only students
of one
(1)sex;
(e)This section shall not apply to membership practices of a social fraternity or
social sorority which is exempt under Section 501(a) of the Federal Internal
Revenue Code of 1954, the active membership of which consists primarily of
students in attendance at an institution of higher education, or of the Young
Men's Christian Association, Young Women's Christian Association, Girl
Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service
organizations which are exempt under Section 501(a) of the Federal Internal
Revenue Code, the membership of which has traditionally been limited to
persons of one
(1)sex and principally to persons of less than nineteen
years of age;
(f)This section shall not apply to any program or activity of the American Legion
undertaken in connection with the organization or operation of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls Nation
conference; or any program or activity of any secondary school or educational
institution specifically for the promotion of any Boys State conference, Boys
Nation conference, Girls State conference, or Girls Nation conference; or the
selection of students to attend any such conference;
(g)This section shall not preclude father-son or mother-daughter activities at an
educational institution, but if such activities are provided for students of one
(1)sex, opportunities for reasonably comparable activities shall be provided
for students of the other sex; and
(h)This section shall not apply to any scholarship or other financial assistance
awarded by an institution of higher education to any individual because such
individual has received the award in any pageant in which the attainment of
the award is based upon a combination of factors related to the personal
appearance, poise, and talent of the individual and in which participation is
limited to individuals of one
(1)sex only, so long as the pageant is in
compliance with other nondiscrimination provisions of state and federal law.
(2)Nothing contained in subsection
(1)of this section shall be interpreted to require
any educational institution to grant preferential or disparate treatment to the
members of one
(1)sex on account of an imbalance which may exist with respect to
the total number or percentage of persons of that sex participating in or receiving
the benefits of any state supported program or activity, in comparison with the total
number or percentage of persons of that sex in any community, state, section, or
other area. However, nothing in this subsection shall be construed to prevent the
consideration in any hearing or proceeding under KRS 344.550 to 344.575 of
statistical evidence tending to show that an imbalance exists with respect to the
participation in, or receipt of the benefits of, any program or activity by the
members of one
(1)sex.