KRS 344.555: Prohibition against sex discrimination under any education program

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 discrimin ation 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 insti tution 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 (19)

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 p romotion 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 a n

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.