(1) Subject to subsection (2) and in accordance with 34 C.F.R. s. 106.34, a district school board may establish and maintain a nonvocational class, extracurricular activity, or school for elementary, middle, or high school students in which enrollment is limited to a single gender if the school district also makes available a substantially equal:
(a) Single-gender class, extracurricular activity, or school to students of the other gender; and
(b) Coeducational class, extracurricular activity, or school to all students.
(2) A district school board that establishes a single-gender class, extracurricular activity, or school:
(a) May not require participation by any student. The district school board must ensure that participation in the single-gender class, extracurricular activity, or school is voluntary.
(b) Must evaluate each single-gender class, extracurricular activity, or school in the school district at least once every 2 years in order to ensure that it is in compliance with this section and 34 C.F.R. s. 106.34.
(c) Must comply with the following requirements when establishing a gender-specific elementary, middle, or high school:
1. Separate into grade-level boys-only classes and girls-only classes during instruction in core courses.
2. Open enrollment to all students within the school district.
3. Require the school’s administrative and instructional personnel to participate in professional development that includes scheduling and instructional strategies.
4. Provide to the department a comparison of the academic performance of students in the gender-specific elementary, middle, or high school with the academic performance of students in other public elementary, middle, or high schools, as appropriate, in the school district.
