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Title IX and Educational Implications
Title IX originated in the 1965 Presidential Executive Order 11246, which prohibited contractors from discrimination in employment on the basis of race, color, religion or national origin. This order was later amended by President Johnson in 1968 to include discrimination based on sex. In 1970 Rep. Edith Green drafted legislation prohibiting sex discrimination in education. The original bill was an amendment to Title VII, but was later changed to become Title IX. Congress enacted Title IX in 1972. It was signed into law by President Nixon on June 23rd. In 1980 the Department of Education was established and given oversight of Title IX through the Office for Civil Rights (www.womenissues.com).
In the Education Amendments of 1972, Title IX prohibits sex discrimination in any educational
institution that receives federal funds of any kind. Specifically, Title IX states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.
The discrimination outlined in Title IX does not just apply to sexual harassment, academics, and the workplace. Title IX applies to athletics as well. Title IX regulations enforce equal opportunities for both male and female athletes. Its regulations apply to the overall athletic program at educational institutions. Specifically, male and female athletes must have the same opportunities, facilities and privileges to be in compliance with Title IX. However, budgets for male and female athletics do not have to be equal.
Majority of U.S. schools, including public elementary schools, public high schools, and public colleges receive some form of federal funding for operation. Also, some athletic associations and private colleges receive federal funding. Furthermore, most provide athletic programs in their institutions and must comply with Title IX. If any of these educational institutions violate Title IX, they may jeopardize the receipt of federal funds. All institutions that have not been in compliance with Title IX have had the opportunity to comply with the guidelines and not lose federal funding thus far.
In 1992, the Supreme Court ruled on the case Franklin v. Gwinnett County Public Schools. This landmark case began the allowance of courts awarding monetary damages to Title IX cases. Prior to this Supreme Court ruling, courts only required educational institutions not in compliance with Title IX to comply and move on. Franklin v. Gwinnett County caused many educational institutions to take Title IX more seriously and comply with its regulations.
Title IX requires educational institutions that offer athletic programs to pass one of three to test to confirm compliance with its regulations. The first test compares the ratio of full-time male to female students with the ratio of male to female athletes in the institutions athletic program. The other two tests determine if the institution has shown evidence of expanding the athletic program for the underrepresented sex, as well as, whether the underrepresented sex is being fully accommodated by the current athletic program.
The issuance of this policy guidance appears to be the latest in a series of attempts to weaken Title IX and comes on the heals of the administration’s controversial judicial nomination of a stalwart opponent of Title IX, Thomas Griffith, who proposed dramatic changes to Title IX as a member of the Commission on Opportunity in Athletics. AAUW believes this guidance is an under-the-radar attack on Title IX and meant to undermine the law and the 30 years of progress made by women and girls as a result of this landmark legislation (AAUW, 2005).
In the days before Title IX, only one in 27 girls played varsity high school sports. Today that figure is one in 2.5, for a total of 2.8 million girls now playing high school sports. Similarly, 32,000 women athletes played on intercollegiate teams prior to Title IX, compared with 150,000 today. Athletic scholarships for women were virtually non-existent prior to Title IX, but in 1997, there were more than 10,000 scholarships for women athletes (www.now.org).
