District officials were disappointed to have to temporarily halt the program but see the opinion as largely in their favor. At this point, the program "could resume this next school year" after some changes, says director of secondary education Mike Winland. "We feel strongly that this program was working."
Van Devender started its single-sex classes in reading, math, social studies, and science for sixth-graders in 2010. The single-sex approach expanded to seventh-grade last year and eighth-grade this year.
By the end of seventh-grade, students who were in single-classes for two years made larger gains on state tests than peers at coed middle schools, Mr. Winland says. Teachers and students both noticed more focus in the classroom, because there was less posturing to impress the opposite sex.
Such outcomes are often touted by Leonard Sax, a speaker and consultant who trains teachers based in part on the idea that brain-science suggests there are physiological differences between boys and girls.
Mr. Sax visited a school in Dallas recently, for example, where low-income minority boys working in competitive teams were so motivated that they demanded more books so they could earn extra credit. An equivalent school for girls is also doing well, says Sax, founder and executive director of the National Association for Single Sex Public Education.
Why shut down a school like that, he wonders, when educators are desperately trying to close achievement gaps?
The judge noted in Wednesday's opinion that some of Sax's strategies seem to be based on pseudoscience and stereotypes. Winland says that contrary to the ACLU's accusations, the Van Devender program does not rely much on his research.
Rosemary Salomone, author of "Same, Different, Equal: Rethinking Single-Sex Schooling" and an expert witness for the school, tells the Monitor that "my position is nuanced."
"I oppose the brain-science research of Leonard Sax," says Professor Salomone, who is a law professor at St. John's University in New York and helped write the revised regulations to Title IX in 2006. "On the other hand, I do believe these [single-sex] programs can be implemented with Title IX compliance."
The ACLU and other groups such as the Feminist Majority have called on the Department of Education to rescind the 2006 regulations.
Hypothetically there are some good single-sex programs, says Ms. Katz, but "there are so few of them that we'd be better returning to the old regulations because the bright line standard was much better."
"We are considering whether further guidance on this topic may be appropriate," writes Daren Briscoe, a spokesman for the Department of Education, in an e-mail. In addition, the department is now tracking the number of single-sex classes in public schools in the Civil Rights Data Collection, he notes.
The ACLU has prompted a number of schools to stop single-sex programs after pointing out ways in which they appeared to violate the law. In the Van Devender case, it must now decide whether to pursue the case in hopes of a permanent ruling.