Federal

After Long Title IX Review, Agency Makes No Changes

By Michelle R. Davis — August 06, 2003 2 min read
  • Save to favorites
  • Print

The Department of Education, after mulling the handiwork of a commission that studied Title IX, has renewed its support of the 31-year-old law that bars gender discrimination on the playing fields of schools and colleges receiving federal funds.

A copy of the department’s clarification of its Title IX guidance is available from the U.S. Department of Education’s Office for Civil Rights.

On July 11, the department issued a three-page clarification of Title IX of the Education Amendments of 1972. Signed by Gerald A. Reynolds, the assistant secretary for civil rights, the clarification upheld existing laws and regulations, but urged schools and colleges to use all options available to prove their compliance.

The clarification followed a February report by the 15-member, federally appointed Commission on Opportunity in Athletics that examined sports programs and the law, which also covers academics and other programs. The commission made 23 recommendations to Secretary of Education Rod Paige, but in a controversial move, two panel members submitted their own report. (“Title IX Review Concludes With Competing Reports,” March 5, 2003.)

Three Equal Prongs

Those members, soccer star Julie Foudy and Olympic swimming gold medalist Donna de Varona, called the main report flawed and sided with women’s groups that said female students remain victims of discrimination.

Other groups, including those representing so-called “minor” mens sports, such as wrestling, gymnastics, and swimming, have said enforcement has forced colleges to cut their programs.

The July 11 clarification continued to endorse the department’s “three-pronged test,” which provides three ways for schools and colleges to prove they’re in compliance. However, the Reynolds document acknowledged that many colleges continue to use only the measure known as proportionality—demonstrating that the percentage of women participating in varsity sports is comparable to their slice of their institution’s overall enrollment.

The document emphasized that “each of the three prongs of the test is an equally sufficient means of complying ...”

Schools and colleges may also demonstrate compliance by showing a history of expanded opportunities for the underrepresented sex, or by showing that the needs of the underrepresented gender are accommodated by existing programs.

The Bush administration had been accused by several women’s advocacy groups of trying to dismantle Title IX through the commission-study process, but those groups praised the clarification.

“This is a huge victory for women and girls everywhere,” Marcia D. Greenberger, a co-president of the National Women’s Law Center, based in Washington, said in a statement.

But some groups that have championed men’s sports, including the National Wrestling Coaches Association, vowed to continue fighting against what they consider unfairness in the application of Title IX. Last month, a federal judge ruled against the coaches association in its lawsuit alleging that Title IX discriminates against men.

Related Tags:

Events

Student Well-Being Webinar After-School Learning Top Priority: Academics or Fun?
Join our expert panel to discuss how after-school programs and schools can work together to help students recover from pandemic-related learning loss.
Budget & Finance Webinar Leverage New Funding Sources with Data-Informed Practices
Address the whole child using data-informed practices, gain valuable insights, and learn strategies that can benefit your district.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
ChatGPT & Education: 8 Ways AI Improves Student Outcomes
Revolutionize student success! Don't miss our expert-led webinar demonstrating practical ways AI tools will elevate learning experiences.
Content provided by Inzata

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Cardona Defends Biden's Education Budget and Proposals on Student Debt and Trans Athletes
House Republicans accused Education Secretary Miguel Cardona of indoctrinating students and causing drops in test scores.
4 min read
Education Secretary Miguel Cardona speaks during a ceremony honoring the Council of Chief State School Officers' 2023 Teachers of the Year in the Rose Garden of the White House on April 24, 2023, in Washington.
Education Secretary Miguel Cardona speaks during a ceremony honoring the 2023 Teachers of the Year at the White House on April 24, 2023. He appeared before a U.S. House committee May 16, 2023, to defend the Biden administration's proposed education budget and other policies.
Andrew Harnik/AP
Federal Book Bans and Divisive Concepts Laws Will Hold U.S. Students Back, Secretary Cardona Says
Education Secretary Miguel Cardona participated in a summit this week that drew international education leaders to the nation's capital.
6 min read
Secretary of Education Miguel Cardona answers questions during an interview in his office in Washington, D.C., on Tuesday, August 23, 2022.
Secretary of Education Miguel Cardona answers questions during an interview in his office in Washington, D.C., on Tuesday, August 23, 2022.
Alyssa Schukar for Education Week
Federal Opinion The Lies America Tells Itself About Black Education
'A Nation at Risk' created a faux crisis to usher in the right's education agenda, argues Bettina L. Love.
4 min read
President Ronald Reagan is flanked by Education Secretary Terrel Bell, left, White House Policy director, during a meeting in the Cabinet Room in Washington, Feb. 23, 1984 where they discussed school discipline.
President Ronald Reagan and U.S. Secretary of Education Terrel H. Bell, left, during a meeting in the Cabinet Room, Feb. 23, 1984, where they discussed school discipline.
AP
Federal AFT Head Weingarten Says Her Union Didn’t Conspire With CDC on School Reopening Guidance
Some Republicans allege the union exercised its influence to keep schools closed longer than necessary.
7 min read
Randi Weingarten, president of the American Federation of Teachers, is sworn in to testify during a House Oversight and Accountability subcommittee hearing on COVID-19 school closures, Wednesday, April 26, 2023, on Capitol Hill in Washington.
Randi Weingarten, president of the American Federation of Teachers, is sworn in to testify during a House Oversight and Accountability subcommittee hearing on COVID-19 school closures, Wednesday, April 26, 2023, on Capitol Hill in Washington.
Mariam Zuhaib/AP