schools.


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(B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.


21
Because § 8801 directs us to state law to determine the public authority within the school system, we look to Indiana law to determine whether a school district, school board, principal or assistant principal has administrative control over Southport High.  Indiana law provides that


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[i]t shall be the duty of the metropolitan school district to conduct the educational activities of all the schools in said district in harmony with state law and in general conformity with the laws of the state of Indiana with reference to public education.  The control and administration of the schools of the metropolitan school district shall be vested in a metropolitana student?   This is an issue of first impression in this circuit.

A. Agency Principles

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Smith claims that the School Board and School District, who are the grant recipients, are liable under Title IX because Rager was an employee of the recipients, and his actions are imputed to the grant recipients.  Smith then proposes two alternative standards for imputing Rager's actions to the School Board or School District, one based on Title VII's "knew or should have known" standard, and the other based on common law agency principles, specifically § 219 of the Restatement (Second) of Agency:


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(2) A master is not subject to liability for the torts of his servant acting outside the scope of their employment, unless:


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(d) the servant purported to act or to speak on