Title IX only applies to institutions that receive federal financial assistance from the U.S. DOE. Private elementary and secondary schools whose students or teachers receive equitable services under federal education programs are not considered to be "recipients of federal financial assistance." (Council for American Private Education).
20 U.S.C. §§ 1681–1688; 34 C.F.R. Pt. 106; 28 C.F.R. Pt. 54. In this [Dear Colleague] letter, the term “schools” refers to recipients of Federal financial assistance at all educational levels, including school districts, colleges, and universities. An educational institution that is controlled by a religious organization is exempt from Title IX to the extent that compliance would not be consistent with the religious tenets of such organization. 20 U.S.C. § 1681(a)(3); 34 C.F.R. § 106.12(a).