Title IX Research Paper

Throughout the 1960s and the 1970s, women gained more opportunities in American society. Interscholastic athletics proved to be no exception. In 1972, Congress passed, and President Richard Nixon signed, Title IX of the United States Education Amendments of 1972, which prohibited the exclusion based on gender of education programs that receive federal funding, which amounts to any public school in the United States. While this opened the door for female inclusion, especially when it came to athletics, it also posed challenges, especially when it came to enforcing the law. Title IX provided, and described, equal educational opportunities without discrimination based on sex, but there was various beliefs about how the new law should be defended

Due to the vagueness of the law, and the short length being only thirty seven words, the Department of Health, Education, and Welfare proposed a “laundry list” to determine what is and is not covered under Title IX (Ware 50). This became Regulations on Discrimination on the Basis of Sex, providing the gold standard when it came to making sure schools were under Title IX compliance (Ware 50). The most general statement that was made was that “No person shall, on the basis of sex … be treated differently from another person…” (Regulations and Policy Interpretation). Beyond that though, the document provided further guidance to how schools should act so that they could remain compliant. This included separate teams for contact sports and equal opportunity when it comes to scheduling and facilities (Regulations and Policy Interpretation). It also provides for an adjustment period of three years for schools, which allows them to get into and maintain compliance (Regulations and Policy Interpretation). By spelling out specifically what is covered under Title IX, based on the regulations passed under the Department of Health, Education, and Welfare, schools would then have no reason to not be completely compliant. It makes the government and schools understand what is necessary to make sure Title IX is

Out of the new policy interpretation came the “three-prong test”, three different pieces in which, in order for an intercollegiate, interscholastic, or intramural program to be in compliance, they have to follow (Regulation and Policy Interpretation). These three prongs cover representation and opportunity, making sure that women have the same access to athletics in their educational environment as their male counterparts (Regulation and Policy Interpretation). It is striking to see though that the Department of Health, Education, and Welfare have to publish two different directives that specifically outline how Title IX should be followed. This means that schools really did not know the full extent of Title IX, especially with the law being vague to begin with, or that schools really were not trying to follow it at all. Either way, by issuing two interpretations of Title IX, it made sure that schools across the country know exactly what Title IX covers, and how to be fully compliant with the