Federal

Bush Administration Backs Broad Reach for Title IX

By Caroline Hendrie — September 22, 2004 2 min read
  • Save to favorites
  • Print

In a case that is making for strange political bedfellows, the Bush administration is urging the U.S. Supreme Court to declare that teachers or coaches have a right to sue if they believe they have been retaliated against for complaining about alleged sex discrimination in schools.

Government lawyers argue in legal papers submitted last month that lower courts were wrong to throw out a lawsuit by Roderick L. Jackson, 39, a girls’ basketball coach who alleges that he was stripped of his coaching duties at a public high school in Birmingham, Ala., after complaining that his athletes were shortchanged compared with the boys’ team.

Echoing a point advanced by Mr. Jackson’s lawyers, who also submitted written arguments to the high court on Aug. 19, the administration contends in its friend-of-the-court brief that effective enforcement of Title IX of the Education Amendments of 1972 hinges on a favorable ruling by the court. Title IX prohibits discrimination on the basis of sex in any schools or educational programs that receive federal money.

“Before an enforcement action may be brought against a recipient by either a federal agency or a private individual, an official of the recipient with authority to correct the discrimination must receive ‘actual notice’ of the discrimination,” says the brief, which was written by acting Solicitor General Paul D. Clement and also signed by the Department of Education’s general counsel. “The statutory scheme can work as intended only if persons feel secure in reporting discrimination when they believe it exists.”

Although Title IX does not explicitly prohibit retaliation, both the Education Department and the Department of Justice have adopted regulations stating that the anti-discrimination ban covers such cases.

NEA Weighs In

The administration’s filing was among seven friend-of-the-court briefs sub mitted in support of Mr. Jackson in Jackson v. Birmingham Board of Education (Case No. 02-1672).

Also backing the coach was the National Education Association, which is often at odds politically with the Bush administration, as well as the Leadership Conference on Civil Rights, a Washington-based group that has criticized the administration’s enforcement of federal civil rights laws.

Coaches and educators play a critical role in identifying violations of Title IX, both in the athletic arena and in such areas as sexual harassment, according to the nea brief, which was joined by the American Association of University Professors and four coaches’ associations. Educators have been fired and even physically threatened after lodging complaints about sex discrimination, it adds.

“The unique ability of educators to witness and report Title IX violations is potentially countered by a unique vulnerability to retaliation by the educational institutions for which they work, which have the authority and ability not only to dismiss an educator from employment but to effectively end his or her career by doing so,” the brief argues.

The 34,500-student Birmingham district and its allies in the case are due to submit written arguments early next month.

Related Tags:

A version of this article appeared in the September 08, 2004 edition of Education Week as Bush Administration Backs Broad Reach for Title IX

Events

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
Artificial Intelligence Webinar
AI in Schools: What 1,000 Districts Reveal About Readiness and Risk
Move beyond “ban vs. embrace” with real-world AI data and practical guidance for a balanced, responsible district policy.
Content provided by Securly
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
Recruitment & Retention Webinar
K-12 Lens 2026: What New Staffing Data Reveals About District Operations
Explore national survey findings and hear how districts are navigating staffing changes that affect daily operations, workload, and planning.
Content provided by Frontline Education
Education Funding Webinar Congress Approved Next Year’s Federal School Funding. What’s Next?
Congress passed the budget, but uncertainty remains. Experts explain what districts should expect from federal education policy next.

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 Ed. Dept. Quietly Ends an Honor for Schools’ Environmental Work
Applicants found out when the online portal for award submissions never opened.
5 min read
Secretary of Education Arne Duncan, center, arrives for a tree planting ceremony at the Department of Education to announce plans to create the Green Ribbon Schools competition which will "raise environmental literacy," inside and outside the classroom and reduce a school's environmental footprint, on April 26, 2011. A Texas oak tree was planted at the ceremony.
Then-Secretary of Education Arne Duncan, center, arrives for a tree-planting ceremony on April 26, 2011, at the U.S. Department of Education to announce plans to create the Green Ribbon Schools competition. The Trump administration ended the recognition—which honored schools for reducing their environmental impact and offering hands-on environmental education—last year.
Tom Williams/Roll Call via Getty Images
Federal The Ed. Dept. Is Sending 118 Programs to Other Agencies. See Where They're Going
The Trump administration is partnering with at least four other agencies as it tries to shutter the Education Department.
Illustration of office chairs moving into different spaces.
Laura Baker/Education Week + Getty
Federal Why K-12 Educators Are Alarmed About Proposed Student Loan Limits
They worry that the new loan limits could put a leak in the teacher and administrator pipeline.
4 min read
New graduates line up before the start of a college commencement at MetLife Stadium in East Rutherford, N.J, May 17, 2018. A proposed regulation could exclude education from a list of "professional" graduate degrees, limiting federal loans for students in the field.
New graduates line up before the start of a college commencement at MetLife Stadium in East Rutherford, N.J, May 17, 2018. A proposed regulation could exclude education from a list of "professional" graduate degrees, limiting federal loans for students in the field.
Seth Wenig/AP
Federal Opinion We Shouldn’t Have to Choose Between Federal Overreach and Abandonment in K-12
Why is federal power being used to occupy our cities but not protect our students’ civil rights?
Sally Iverson
4 min read
Large hand making pressure over group of small, silhouetted figures. Oppressions, manipulation. Contemporary art collage. Photocopy effect. Concept of world crisis, business, economy, control
Education Week + iStock