Threats to Title IX
The Bush administration has worked to weaken Title IX and the educational equality it guarantees. From sports to vocational and technical education to sex segregation, the past four years have seen a variety of attempts to diminish Title IX. “The Bush administration conducted a stealth attack on Title IX, and women and girls cannot and must not let them get away with it,” says Feminist Majority President Eleanor Smeal.
In August 2010, the Women’s Educational Equity Act under the Elementary and Secondary Education Act underwent reauthorization.
WEEA is the only federal legislation with the sole purpose of promoting full implementation of Title IX. Gender equity organizations are still fighting to include necessary additional funding into the reauthorization of WEEA so that this important legislation could be more effective. Click here to see the 2010 reauthorization proposal. In order to counter the threat of losing WEEA by passing a new reauthorization proposal that focuses on federal support for Title IX Coordinators and equity advocates to fully implement Title IX.
In April 2010 the Obama Administration Withdrew the Bush-Era 2005 Athletics Guidance Which Weakened Title IX Compliance Standards.
In March 2005, the Department of Education released a policy clarification letter weakening the requirements of Part Three of the three-part test that provides guidance on the Title IX regulations to eliminate sex discrimination in intercollegiate athletics. The Department attended to public pressure in 2003 when they rejected similar weakening provisions recommended by The Secretary of Education’s Commission on Equal Opportunity in Athletics. This threat has now ended. To view the 2010 guidance, click here. More...
In March 2004, the Bush Administration proposed changes to the Title IX Regulations that would make it easier to have sex-segregated classes and schools with no guarantee of equality. The Office for Civil Rights in the US Department of Education received over 5,000 public comments on the proposal. An estimated 96% of these comments were opposed to the Department's proposal to increase sex segregation in education instead of decreasing sex discrimination, the sole purpose of Title IX. On October 25, 2006 the Department issued Title IX Regulations which are similar to its proposed 2004 draft Regulations. In December, 2014, ED issued guidance on how single-sex education should be implemented so that it does not discriminate on the basis of sex. More...
Inadequate Federal Support and Neglect Threatens the Effectiveness of Title IX
Title IX is often poorly understood and poorly implemented by educators, parents, and students. For example, relatively few education agencies comply with the Title IX regulation to appoint, train, and make available their Title IX coordinators (see 2004 FMF news article). Also, federal support for assistance providers such as the Women’s Educational Equity Act Resource Center and programs designed to help educators comply with Title IX has disappeared. To learn more about the role of Title IX Coordinators in promoting gender equity, see our Title IX Coordinators page.
Title IX Critic Appointed to US Circuit Court of Appeals
Thomas B. Griffith, who recommended eliminating the proportionality part of the three-prong test while on the Secretary's Commission on Opportunity in Athletics, is now serving on the DC Circuit Court of Appeals. Numerous progressive groups opposed Griffith's June 2005 lifelong appointment because of his views on Title IX and other laws over which the DC Appeals Court has jurisdiction.