1. Title IX Implications for Interscholastic Athletics

2. “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”
(Title IX of the Education Amendments of 1972, P.L ,20 U.S. C. S. section 1681 et seq.)

3. Accommodating the interests and abilities of both sexes (13 areas)
Equipment and supplies
Scheduling of games and practices
Travel and per diem allowance
Opportunity to receive coaching
Academic tutoring
Assignment and compensation of coaches and tutors
Provision of locker rooms and practice and competitive facilities
Medical and training facilities and services
Housing and dining facilities and services
Publicity
Recruitment
Support services
Financial assistance

4. What does your state association say?

5. Which state(s) address the law the most extensively?

8. Which state(s) address the law the least extensively?

10. What else? “Recommended” to offer complimentary
It is a “spirit” a “personal ethic”
BUT Don’t have the authority to interpret or rule on compliance
Equal EXCEPT athletic programs
Equal opportunity except contact sports

11. WHAT?
An athletic program is gender equitable when either the boys or the girls sports program would be pleased to accept as its own the overall program of the other gender.

12. Which essentially means
If you are happy with your half of the cake (your program) as compared to the other half of the cake (the complimentary program) equity is met.

13. Followed by. . .
This policy recognizes past inequities created by the traditional male domination of sports opportunities and the need to encourage and protect the development of girls athletic programs.

14. Continuing sources of Title IX complaints?

15. Examples . . . . North Rockland Central School District, NY
Ollier v Sweetwater Union High School District, CA
NFHS, Sports Law Year-in-Review, January 2010
North Rockland Central School District, NY
Hartland School District, WI
Florida High School Athletic Association
Communities for Equity v MHSAA, filed 1998
Settled 2007

16. 2005 U. S. Supreme Court rules in Jackson v
2005 U.S. Supreme Court rules in Jackson v. Birmingham Board of Education
Individuals, including coaches and teachers, have a right of action under Title IX if they are retaliated against for protesting sex discrimination
Beyond the Headlines – A Report of the National Coalition for Women and Girls in Education

17. Misinformation
Unfortunately, the current boy crisis hype and the debate around it are based more on hopes and fears than on evidence.
Distracting attention from more serious educational problems—such as large racial and economic achievement gaps—and practical ways to help both boys and girls succeed in school.
— The Truth About Boys and Girls

18. Good News??? Girls’ Sports Participation Continues to Rise
National Federation of State High School Associations (NFHS) report from participation in high school sports has never been higher.
Girls increased by 56, Boys increased by 50,547
10 most popular sports for girls: outdoor track and field , basketball, volleyball, fast pitch softball, soccer, cross country, tennis, swimming and diving , competitive spirit squads, golf
The complete NFHS report is available at

19. Avoiding Title IX Compliance Issues
Be proactive
Prepared
Knowledgeable
Analytical

20. BE PROACTIVE Monitor booster clubs / donations Remember . . . .
School can use funds as designated by donor
If results in an inequity along gender lines
District must correct using its own funds if needed
Remember
Budgets don’t need to be equal
Benefits provided must be equal
Potential Solution?
All-inclusive school-wide sports booster club policy

21. BE PROACTIVE Pay attention to the law (Spring 2009)
“The High School Athletics Accountability Act”
“The High School Sports Information Collection Act”
Completion and submission of annual Title IX self-audits
US Department of Education
Tracking of the two

22. BE PROACTIVE Work to identify a Title IX compliance officer By law:
Public schools
Charter schools
Magnet schools
Investigates complaints:
Sex discrimination
Sexual harassment

23. BE PROACTIVE Administration: Coaches / Teachers
Work to create a committee and begin with a strategic plan
School board members
Public / community members etc.
Coaches / Teachers
Work to be on the committee

24. Strategic Plan Assess existing program Organize training sessions
Staff
District personnel
Action plan
Explore additional funding options
Develop a process to determine interest levels
Hide / ignore nothing
High School Today / January 2010

25. Success Stories?

26. KENTUCKY
KHSAA Title IX Education Program Information KHSAA Board Policy on Title IX Education Program Title IX Background Information KHSAA Administration of Title IX: Steps for Title IX Compliance Components of Title IX - Three Part Test KHSAA Working Budget Comparison for Title IX Model Athletic Booster Club Agreement (PDF)
KHSAA Title IX Education Workshop Information Title IX Workshop Information –TBA
KHSAA Title IX School Re-Visit Program Schools Being Re-Visited in the Current School Year Cover Letter and Agenda (PDF)

27. 2009-2010 KHSAA Title IX Annual Forms Packet Complete Title IX Annual Report (PDF)
KHSAA Title IX Forms (DOC Version) GE-19 Verification of Title IX Compliance T-1 Accommodation of Interests and Ability-Test 1 T-1 (Sample) T-2 Accommodation of Interests and Ability-Test 2 T-3 Accommodation of Interests and Ability-Test 3 T-4 Accommodation of Interests and Ability-Summary T-35/T-36 Directions T-35 Expenditure Chart T-36 Expenditure Chart 2 T-41 Checklist - Overall Program T-60 Corrective Action Plan T-61 Student Athletic Survey T-63 Survey Summary of Responses

28. OCR Documents and Links Link to OCR Web Site Dear Colleague -Regarding Single Sex Schools (1/31/07) Dear Colleague -Clarifications of 3 Part test (intercollegiate) (03/2005) Technical Manual-3 Part test-Test 3 (intercollegiate) (03/2005) Dear Colleague -Regarding Athletics Compliance (07/2003) Revised Guidelines about Sexual Harassment (01/2001) OCR Technical Manual for Checking Compliance (02/2005)

29. Kassy (kicker) - 72 of 72 extra points / 2-4 field goal attempts / state champs

30. Thank you!!