Title IX -- 35 Years and Counting: A View of Educational Equity

By Peg Pennepacker, CAA

Part One of Two

"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 education program or activity receiving federal financial assistance."

In 1972, these 37 words formed the statute that began to have a profound impact on education. June 23, 2007 marked the 35th anniversary of Title IX, a law, which even after more than 30 years still leaves school personnel scratching their heads.

From a cultural standpoint, Title IX is not quite fully embraced by some and its implementation continues to be a challenge to students, parents, coaches, athletic directors, school boards, lawyers and the courts. Equal access to athletics for boys and girls is now being felt more than ever at the K-12 level. Title IX continues to be one of the most misunderstood education laws of our time, and yet, one of the most important.

Title IX of the Educational Amendments of 1972 to the Civil Rights Act of 1964 is the first comprehensive federal law to prohibit sex discrimination, including sexual harassment against students and employees in any educational institution that receives federal funds. It was designed to protect both males and females in federally funded educational programs and activities. Sponsored by Senator Birch Bayh and Representative Edith Green, Title IX is more than athletics – so much more.
While the common perception is that Title IX is all about athletics and single-sex education, Title IX seeks to ensure equity far beyond the playing fields. Title IX is about a school's entire educational program from math, science, English and history to chess club, band, soccer and tennis. Title IX also covers admissions, access to courses or programs, counseling, student rules and regulations, treatment of students, athletics, cocurricular and extracurricular activities, as well as employment practices and sexual harassment of students and employees.

In spite of the overall intent, through the years Title IX has been and continues to a great extent to be a law about athletics. Even though only a small percentage of the actual written law refers to athletics, our society dictates where the emphasis has been placed.

Make no mistake about it, however, Title IX can arguably be credited with the increased involvement and opportunities for girls and women in athletics as well as many areas of education. As a result of Title IX, enormous improvements in the situations of women and girls have occurred in the past 35 years. Prior to the implementation of Title IX, females were often discriminated against in activities traditionally benefiting men.

For example, before Title IX, females often found it very difficult, if not impossible, to compete for admission in some courses and majors, which may have traditionally been the exclusive domain of men. This included scholarships and other forms of financial aid. Since the enactment of Title IX, substantial increases in the budgets and resources for females in education and athletics have occurred. Title IX has increased the number of women earning professional degrees and in 1971, one in 27 girls participated in athletics. Today, one in 2.5 girls participates in athletics at the high school level.

In the early years of Title IX compliance, the focus was mainly on college and university athletic programs. Today, however, the interest is now reaching down into the high school and junior high school levels. Due to this evolution, school personnel need to be prepared to deal with the elements of compliance. Much of the attention has been a result of ongoing awareness, publicity and education about Title IX at the high school level.

Today, fathers who have daughters participating in school athletics programs are as likely as mothers and the students themselves to notice the continuing inequities in scheduling, facilities and equipment, among other areas. Parents, as stakeholders in the school district, expect higher levels of compliance and accountability from their schools. This accountability extends to athletics programs, and parents and students are often more knowledgeable than coaches and other employees in the school district. The reason for this is that the Internet has "leveled the playing field" when it comes to researching the rights and protections offered by Title IX.

Generally speaking, Title IX is about social change. It is about breaking down gender-role stereotypes in school settings and developing and sustaining positive self-esteem among girls and boys. To fully understand Title IX, one must think in terms of educational equity through gender equity. Gender equity seeks to guarantee an equal opportunity for males and females to participate in all courses and all activities. Educational equity exists when there are no systemic differences in conditions, practices and results based upon race, ethnicity, gender, economic status or any other characteristic.

We live in a culture where sports and athletics are ingrained in our way of life, and sports and entertainment are inextricably entwined. Many would believe that sports are the ultimate meritocracies. Two or more individuals, or two or more teams meet to compete. They compete to the best of their ability, and the best team or individual, by any combination of luck, skill and stamina, defeats the other opponent(s) or the clock or the record book. Some commentators of our culture have portrayed interscholastic athletics as a Darwin-like "survival of the fittest" where the strongest survive or, at least, prevail to be crowned champion.

When these perspectives are applied to education, Title IX and interscholastic athletics, confusion, resentment and misunderstandings occur. Title IX changes the equation when it comes to schools and interscholastic athletics. Boys and girls need to be provided equal opportunities and what is given to one must be offered to the other. The relative popularity of sports and athletics is not necessarily relevant; the opportunities for students who attend federally funded schools is. The true litmus test according to the NCAA Gender Equity Task Force is, "An athletics program can be considered gender-equitable when the participants in both the men's and women's sports programs would accept as fair and equitable the overall program of the other gender."

As school budgets become increasingly strained due to increased demands, superintendents and board members are often caught in the middle of this debate. It has become more important than ever for schools to pay attention to Title IX. In the future, the key for boards of education and superintendents is to keep fairness in mind while working with limited budgets, increased accountability and the realization that one disgruntled parent can trigger a lawsuit or federal investigation.

The keys for school districts will be to:

(1) Have someone on staff who knows the law and how it is to be applied. Every school, by law, is required to designate a Title IX coordinator. Contact information for the Title IX coordinator must be readily available to school faculty, staff and students. Title IX coordinators as well as all faculty, students, coaches and community members can file a complaint of Title IX violation with the Office of Civil Rights. Anonymity is maintained and institutions are prohibited from retaliation against any complainant.

(2) Conduct a yearly self-audit. To accomplish this step, review and evaluate all compliance components within the athletic program, including effective accommodation of athletic interests and abilities and equivalence of other athletics benefits and opportunities.

(3) Have a strategic plan in writing to meet or maintain compliance and review and update this document on an annual basis.

(4) Educate, educate, educate all staff, students, parents, administration and board members. Use multi-media methods including publications, preseason parent meetings, school district Web sites, etc. to continually educate all stakeholders about the law.

(5) Commit to educational equity for all students. Educational equity knowledge and practices in schools have evolved over time and require a comprehensive approach. Equity strategies are planned and systemic, and focus on the core of the teaching and learning process and provide support for success. Educational equity activities promote the real possibility of equality of educational and career results for each student.

The vital point to remember is that it is important to continue to support the athletic ambition of girls and boys while not curtailing the progress of one over the other. Title IX is a sensitive subject and a delicate mix that calls for good governance, fairness and judgment, which may go beyond what the law allows or requires. Title IX is not an opinion; it is a law and is as important as "No Child Left Behind" to ensure that there is "No Athlete Left Behind" as well. ?

Part Two -- The high school auditing process and the high school accountability act.

Peg Pennepacker, CAA, has been in public education for 25 years and a high school athletic director for 16 years. She is an advocate for Title IX at the high school level and serves as a Title IX consultant for the Pennsylvania State Athletic Directors Association, as well as several school districts in southeastern Pennsylvania. She can be contacted at 570-385-4069 or ppackt9@yahoo.com.