The Education Department might seek an exemption to stop an anti-discrimination law being used against its secondary school places allocation system, which ranks boys and girls separately.
The move follows a recent inquiry by the Equal Opportunities Commission which found the allocation system discriminated against pupils on the basis of their sex.
As a result of boys and girls being ranked separately according to their results in tests, either group could be disadvantaged, the commission said.
It is urging the department to correct the system or face possible legal action.
But the department says the separate ranking is used as girls usually out-perform boys in tests because they are more mature.
The Board of Education is taking legal advice on whether it can apply to the courts for an exemption to avoid any such action.