District Of Columbia § 38-1853.08 - Nondiscrimination and other requirements for participating schools.

Full text of District Of Columbia D.C. Code § 38-1853.08 — Nondiscrimination and other requirements for participating schools., with citation guidance and answers to common questions.

§ 38-1853.08. Nondiscrimination and other requirements for participating schools.

38-1853.08
(a)

An eligible entity or a school participating in any program under this chapter shall not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex.

(b)
(1)

Notwithstanding any other provision of law, the prohibition of sex discrimination in subsection (a) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the school.

(2)

Notwithstanding subsection (a) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity.

(3)

For purposes of this chapter, the provisions of section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) shall apply to this chapter as if section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) were part of this chapter.

(c)

Nothing in this chapter may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).

(d)
(1)

Notwithstanding any other provision of law, a school participating in any program under this chapter that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. et seq.), including the exemptions in such title.

(2)

Notwithstanding any other provision of law, funds made available under this division to eligible students, which are used at a participating school as a result of their parents' choice, shall not, consistent with the first amendment of the Constitution, necessitate any change in the participating school's teaching mission, require any participating school to remove religious art, icons, scriptures, or other symbols, or preclude any participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents.

(e)

A scholarship (or any other form of support provided to parents of eligible students) under this chapter shall be considered assistance to the student and shall not be considered assistance to the school that enrolls the eligible student. The amount of any scholarship (or other form of support provided to parents of an eligible student) under this chapter shall not be treated as income of the child or his or her parents for purposes of Federal tax laws or for determining eligibility for any other Federal program.

(f)

Each school participating in a program funded under this chapter shall comply with all requests for data and information regarding evaluations conducted under .

(g)

A participating school, including the schools described in subsection (d), may require eligible students to abide by any rules of conduct and other requirements applicable to all other students at the school.

(h)
(1)

Each participating school shall comply with any testing requirements determined to be necessary for evaluation under .

(2)

The Institute of Education Sciences shall administer nationally norm-referenced standardized tests, as described in , to students participating in the evaluation under for the purpose of conducting the evaluation under such section, except where a student is attending a participating school that is administering the same nationally norm-referenced standardized test in accordance with the testing requirements described in paragraph (1).

(3)

Each participating school that administers the nationally norm-referenced standardized test described in paragraph (2) to an eligible student shall make the test results, with respect to such student, available to the Secretary as necessary for evaluation under .

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 38-1853.08

What does D.C. Code § 38-1853.08 cover?

Section 38-1853.08 ("Nondiscrimination and other requirements for participating schools.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 38-1853.08?

A common citation format is "D.C. Code § 38-1853.08" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 38-1853.08 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.