(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:

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   (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.

s. 3, ch. 2008-26.