Shambhu Sharan

Professor Gordon

History of Title IX

04-13-10

The Title IX is the Educational Amendments passed by Congress in 1972 that requires gender equity for boys and girls in every educational program of the federal funding institutions including athletic programs.

Congresswoman Patsy Mink drafted and introduced Title IX with the help of Congresswomen Edith Green. Mink was motivated by the discrimination she faced herself receiving her university degrees.

The term ‘Title IX’ states, "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."

Since then, women and girls have benefited from more participation, opportunities and more equitable facilities in athletics. Because of Title IX, many women are able to receive athletic scholarships and more opportunity for higher education.

Congress held the first hearings on sex discrimination in higher education in 1970. Tower Amendment was proposed, but it was rejected in 1974. However, the Tower Amendment, an alternative to Javits Amendment passed, which states that Title IX regulations must include reasonable provisions considering the nature of particular sports.

The U.S. Department of Health, Education and Welfare issued final Title IX regulations in 1975. The regulations gave elementary schools one year and High schools and colleges three years to comply.

HEW issued “Elimination of Sex Discrimination in Athletics Programs” to state school officers, superintendents, college and university presidents, and published it in the Federal Register.

Under Presidents Reagan and Bush, enforcement of Title IX did not make much progress. The U.S. Supreme Court’s decision in case of Grove City v. Bell gutted Title IX in 1984. It did not cover entire educational institutions, only those that received federal funding. Four years later Congress passed the Civil Rights Restoration Act of 1988, which nullified the effects of the Grove City ruling by banning sex discrimination in an entire educational institution receiving federal funds. Presently, collegiate athletics have three primary areas that determine if an institution is in compliance with Title IX.

Since Title IX passed, Title IX had over 20 amendments, reviews, Supreme Court cases and political actions.  Title IX is a living and breathing law. Thousands of educational institutions across the country still do not meet the requirement of Title IX.

The legislation covers all educational activities. The complaint was brought under Title IX alleging discrimination in academic fields such as science or math. Discrimination within other aspects of academic life, such as access to health care and residential facilities, is also subject to Title IX. The law applies to extracurricular activities such as school bands and recreational clubs.

In 1979, HEW issued the "three-prong test" to determine compliance with Title IX. The test provided that an institution is in agreement if any one of the conditions is met. The first condition is the intercollegiate- level participation opportunities for male and female students at the institution are substantially proportionate to their respective full-time undergraduate enrollments. The second, an institution has a "history and continuing practice of program expansion" for the underrepresented sex and the third the institution is "fully and effectively" accommodating the interests and abilities of the underrepresented sex.

In 2005, the Department of Education issued an “Additional Clarification of Intercollegiate Athletics Policy Guidance: Three-Part Test—Part Three” allowing colleges to use e-mail in surveys of student interest in athletics participation. A new regulations expanded authorization for schools to offer single sex programs in 2006.

According to the Report Card on Gender Equity in June 1997, A report of the National Coalition for Women and Girls in Education, “Too many girls and women still confront ‘No Trespassing signs throughout educational institutions. Women remain underrepresented in critical areas such as math and science. ---Scoring gaps persist in standardizing testing, limiting women’s access to educational institutions, financial aid, and careers. Non-traditional job training programs leading to high-skill, high-wage jobs are still hostile places for women, where they confront the most severe forms of harassment. Few women, particularly women of color, have broken the glass ceiling that keeps the top ranks of positions in colleges and universities primarily the preserve of men---- We owe it to our daughters to improve our performance on Title IX by removing obstacles.”

UTA complies with Title IX, which provides equal opportunity for women to participate in The National Collegiate Athletic Association. Athletics are based on proportionality, expansion and satisfaction of interests. UTA currently offers seven sports for men and seven for women. During 2003-04, 54.5 percent of UTA's student-athletes were male and 45.5 percent were female.

Title IX originated in the 1965’s presidential Executive Order 11246prohibiting federal contractors from discriminating in employment on the basis of race, color, religion or national origin.

Title IX needs to be implemented in the administrative level of educational institutions.