or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity ... to whom Federal financial assistance is extended ... and which operates an education program or activity which receives or benefits from such assistance. ... 34 C.F.R. § 106.2(h). Plaintiffs have asserted that “VHSL is an incorporated federation of public high schools, which receives federal funding and which operates an education program or activity which receives or benefits from such assistance.” (Complaint at 9) Assuming that to be true, as the court must for purposes of a Rule 12(b)(6) motion, plaintiffs state a Title IX claim for which relief can be granted. See Horner v. Kentucky High School Athletic Ass’n, 43 F.3d 265 (6th Cir.1994) (<HOLDING>). Plaintiffs have stated a claim upon which
holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds holding that ohio high school athletic association was not a recipient of federal funds because it did not receive direct federal assistance and it did not receive money from local schools who were recipients of federal assistance holding that ncaa was not an indirect recipient of federal funds even though it received dues from schools that received federal funds holding that kentucky high school athletic association was an indirect recipient of federal funds because it was created by state law its functions were determined by the kentucky board of education and it received dues from member schools who received federal funds holding that kentucky high school athletic associa tion qualified as agent of the state and as recipient of federal funds so as to be subject to title ix when association received dues from member schools which received federal funds