In 2006, the George W. Bush Administration issued new Title IX regulations that allow for sex-segregated classrooms and schools in public, non-vocational elementary and secondary schools. These regulations provide schools with another condition that allows them to provide sex-segregated programs as long as they meet an "important governmental objective" (US Department of Education 2006). The Administration justified this policy by claiming that sex-segregated education programs met "important government objectives," including improving educational achievement of its students through a recipient's overall established policy to provide diverse educational opportunities and meeting the particular, identified educational needs of a recipient's students. Sex-segregated programs are also to be completely voluntary and implemented in an even-handed manner with regard to gender (US Department of Education 2006). On the surface, these regulations appear benign, but this author asserts that they actually allow schools to implement sex-segregated programs based on little evidence that such programs work, and this opens the door for future sex discrimination against women and girls in education. The author argues that the Bush Administration's regulations are not legal and Constitutional. This report provides an overview of the history of Title IX and then examines the arguments for and against sex-segregated education. It argues that the Obama Administration should work to repeal the Bush Administration's regulations because they violate the principle that separate programs are inherently unequal (established in Brown v. Board of Education), and thus threatens the availability of equal opportunities for women and girls in education. The report also emphasizes the fact that it would be imprudent to invest limited government funds in an untested program.