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Describe how Title IX has benefited women and women's movement in the late 20 th century The 19 th and 20 th centuries are known as a period of intensive social movements. People have become more conscious about their way of living and their rights. A lot of laws were passed. They were introduced to protect human rights and freedom. Among them there was Title IX of the Education Amendments of 1972. The law was enacted on June 23, 1972.
It proclaims: No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance. (Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964) The law had a great influence on high school and collegiate athletics. It covered all educational activities. Under Title IX, it was forbidden to oppress students in fields such as science or math education, or in other aspects of academic life. The law covers health care and dormitory facilities as well as school bands. The purpose of Title IX was to provide equal participation and opportunities to both males and females. But it should be pointed that many schools argue about equal athletic participation.
They state that as a rule male are more interested in sports than female. But from the other side, there should be some reasons for such difference. Sociologists and scholars are still disputing the reasons. In 1979, the U. S. Department of Health, Education, and Welfare introduced three-prong test that should give a policy interpretation for Title IX.
According to three-prong test of compliance educational establishments should provide athletic opportunities that would proportionate to the student enrollment. Most of all, they should constantly improve athletic opportunities for the underrepresented gender; and take into account their interest and ability. Under Title IX, male and female students should be given fair and equal treatment. The law covers recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics. There is a misinterpretation of the law among some students and parents.
They thought that educational institutions should provide separate courses and activities based on sex; or may be, prohibit participation in some programs based on gender. But Title IX does not impact courses a school offers. But at the elementary and secondary levels it is supposed to study sex education and human sexuality separately. Most of all, classes may be separated during wrestling, boxing, rugby, ice hockey, football, basketball, and other activities. Under Title IX, specific texts or curriculum materials should not be implemented in educational establishments.
It was proclaimed with the purpose to avoid potential conflict with First Amendment rights. But the content of textbooks consist understanding of the perspectives of both sexes and their roles in history. Institutions should monitor content with the purpose to avoid stereotyping in instructional practice and materials. According to Title IX, pregnant students must not be discriminate in academic or non-academic activities. Most of all, the law protect students who may be discriminate because of birth of a child, false pregnancy, miscarriage, or termination of pregnancy.
There is a penalty for Title IX non-compliance. First of all, schools can lose federal funds for violating the law. If a case is brought to court, schools have to pay substantial damages and attorney fees. It should be pointed that Title IX is a rather controversial act. It has been highly discussed since its adoption. There are a lot of disputes about the interpretation and enforcement of the law.
It is not easy to determine what the best way is in analyzing its effectiveness. As the law was controversial, it was not easy to interpret it. Some groups stated that the law had worsened the situation in schools. Some schools began spend less money on 'minor' or 'non-money-making' men's sports programs such as wrestling, cross country, swimming, gymnastics, fencing and volleyball. Supporters of Title IX pointed that so-called "non-revenue" sports were greatly eliminated before the act. They stated that the law did not worsen the situation.
According to the GAO study, male participation in sports increased up to 19 % as well as the amount of women's teams; though the total number of men participating in college athletics is still significantly high. In 1998 - 99 there were 232, 000 males participating in and 163, 000 females. Women were given an opportunity to take part in non-college sports such as equestrian competitions, auto racing, sailing, a few golf tournaments. After Title IX was adopted, it provoked a great number of discrimination lawsuits. In 1996, a federal court ruled case involving Louisiana State University. With the reference to Title IX, it was stated that Louisiana State University violated the civil rights of female athletes.
The University had to reconsider their athletic programs to achieve compliance. On October 29, 2002, the law was renamed to the Patsy T. Mink Equal Opportunity in Education Act. Congresswoman Patsy T. Mink was the author of the law. Some scholars consider Title IX as the result of the second wave of feminist movements in the beginning of 20 th century.
Any "women's organizations" were often called feminists though, women as a rule do not like labeling themselves feminists. The feminist movement is known for protecting womens rights. After 1960 (the second wave started), women struggled for full social and economic equality with men. In many western nations they have already gained almost full legal equality. Taking into account that the period of studying at educational establishments is very important in formation of womens dignity and self-esteem, Patsy T. Mink introduced the law that must strengthen young womens self- confidence.
Bibliography: Intercollegiate Athletics: Four-Year Colleges' Experiences Adding and Discontinuing Teams, GAO- 01 - 291, March 28, 2001. Linda Jean, Carpenter. Title IX. Champaign. Broadview Press, 2005. Michael A. , Fletcher.
Changes To Title IX: Considered Proposal Would Allow Scholarship. Washington Post, January 24, Page A 01, 2003. Ruth, Conniff. Title IX: Political Football. The New York Times, March 6, 2003. The Case for Requiring a Proportionality Test to Assess Compliance with Title IX in High School Athletics.
Northern Illinois University Law Review, vol. 23, No. 1, 2002.
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