On June 23, 1972, the federal civil rights law in the United States commonly known as Title IX was passed as part of the Education Amendment of 1972.
It prohibits sex-based discrimination in any school or any other education program receiving federal funding. It was introduced by Senator Birch Bayh, a Democrat from Indiana following the hearings conducted by Representative Edith Green, the chair of the Subcommittee on Education, on discrimination against women.
Title IX was an update of the Civil Rights Act of 1964 which prohibited several forms of discrimination in employment but failed to address discrimination in education. It had nothing to do with school sports programs… until it did.
When girls and women were allowed to fully participate in school activities, participation in sports and the desire to participate in sports programs at their schools also increased. Many schools did not have programs for girls and coaches were concerned that girls would get injured competing with boys who were often bigger and stronger. It became clear that equality and equity in the classroom did not extend to athletic programs.
To address these issues, the U.S. Department of Education Office of Civil Rights set athletic equality requirements. To meet these requirements, schools had to pass at least one of three tests measuring gender equality among athletics the school offers:
1. Proportional numbers of males and females participating -Is the school trying to increase the number of the unrepresented sex.
2. If the school has a history of one specific sex dominating the numbers of athletes in a given sport.
3. Whether or not the school is showing an effort to expand the program to the other sex.
The efforts of the Department of Education to offer equality and equity to students in all grades regardless of gender are controversial and have been challenged many times because it encourages the use of quotas. The Department of Education maintains that Title IX is a valuable tool to ensure a level playing field for all students, and its use protects the fundamental levels of fairness in America’s schools and universities.
On the 50th anniversary of Title IX, it’s important to look back and realize how many women and girls have benefited from the provisions of this law.
In addition to academic and athletic opportunities, Title IX prohibits sexual harassment at all institutions receiving federal funding. This includes intimidation, sexual assault, and rape by a fellow student, faculty member, or administrator.
How much have women benefited from the ability to pursue previously male-dominated majors or participate in competitive sports? Competitive sports build character and confidence and create lasting friendships. Women are receiving college scholarships for athletics and many of these scholarships would not exist without Title IX.
Would there be professional women’s sports teams today without the Title IX protections that afforded girls the opportunity to develop their athletic skills in elementary school, middle school, high school, and college?
Though the numbers are still small, the number of female athletes who can compete on boys’ soccer, football, or ice hockey teams is increasing. More people are attending girl’s sporting events at the recreational, high school and college levels. Female professional athletes are receiving higher wages and gaining the respect of their male peers.
To assure that vital Title IX protections continue to be implemented in elementary and secondary schools, and colleges and universities, the Department of Education has proposed amendments to restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination – a critical safety net for survivors that was weakened under the previous administration.
The proposed regulations will:
· Clearly protect students and employees from all forms of sex discrimination.
· Provide full protection from sex-based harassment.
· Protect the right of parents and guardians to support their elementary and secondary school children.
· Require schools to take prompt and effective action to end any sex discrimination in their educational programs or activities, remedy its effects and prevent any reoccurrence.
· Protect any students or employees who are pregnant or have pregnancy-related conditions.
· Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate the evidence.
Require schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination, including students who have brought complaints or been accused of sex-based harassment.
Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
Clarify and confirm protection from retaliation for students, employees, and others who exercise their Title IX rights.
Improve the adaptability of the regulations’ grievance procedure requirements so that all recipients can implement Title IX's promise of nondiscrimination fully and fairly in their educational environments.
Ensure that schools share their nondiscrimination policies with all students, employees, and other participants in their education programs or activities.
The Department will engage in a separate rulemaking to address Title IX’s application to athletics.
Sources:
The proposed regulations were copied from:
https://www.jdsupra.com/legalnews/department-of-education-releases-long-3888817/