PUBLIC LAW 92-318 OF THE EDUCATION ACT OF 1972
Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:
“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 program or activity receiving Federal financial assistance”.
Participation in interscholastic athletics programs provides students from diverse backgrounds opportunities to cooperate with and compete against their peers through sport. Participation in school sports may lead to the following benefits for students: improved physical health and fitness, higher self-esteem, a stronger sense of community and purpose, consistent time spent with an adult mentor, and increased academic performance in the classroom. Given the possible benefits associated with school sports participation, both boys and girls should have equitable opportunities to participate in and benefit from sports. Historically, boys have participated in interscholastic athletics programs in greater numbers than their female peers; at the turn of the twenty-first century, however, girls are participating in larger numbers than ever before.
The Office of Civil Rights (OCR) created a three-prong test to assess gender equity compliance in school athletic departments. Schools must meet the criteria of at least one prong to be in compliance with Title IX.
- To satisfy the first prong of the gender equity test, a school must show that the athletic participation rates by gender are within 5 percent of the enrollment rate for that gender.
- Schools may also be in compliance if they satisfy the second prong – providing evidence that the school has a history and current practice of program expansion for girls.
- To meet the requirements of the third prong, the school must demonstrate that it offers an athletic opportunity for girls if there is sufficient interest and ability in a particular sport.
Although schools need to meet only one prong of this three-prong test, most interscholastic athletics programs still have not achieved equity in the three major areas of Title IX that pertain to high school sports: athletic financial assistance, accommodation of student interests and abilities, and other program areas.
Schools do not necessarily need to provide equal funding for boys’ and girls’ sports. School sports programs are in compliance with Title IX if the quality of the girls’ program is equal to that of the boys’ program. The funding may not be equitable because of large programs (such as football), but if the total funding for overall programs are equal, then the school is more than likely in compliance. Other program areas that must be equitable by gender include: equipment and supplies, scheduling of practices and contests, travel, access to quality coaches with equitable pay, locker rooms and facilities, access to training facilities and medical services, publicity, and sporting opportunities.
Achieving sports equity in secondary schools is a significant factor in increasing opportunities for girls in sports and in helping to change perceptions about athletes based on traditional gender stereotypes. Gender equity in interscholastic sports translates into students having similar opportunities for participation in various sports and seasons regardless of their gender. Equitable opportunities to benefit from participation in interscholastic sports should exist for all students. Although the number of girls participating in school sports has increased since the passage of Title IX, inequities still exist. Schools need to work with their athletics administrators and designated Title IX Athletic Coordinators to ensure compliance.
