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Slide #13 - Best Practices for Compliance

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Slide #13 - Best Practices for Compliance

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Conduct a needs assessment to gather data concerning gender bias and/or sexual violence by conducting a campus survey.

Analyze all athletic budgets.  Look closely at number of athletes and budget numbers, and how they compare across sports and genders.

Complete a field assessment of all athletic facilities.  If facilities need to be updated to comply with Title IX, create a plan for implementation.

Design Title IX training that creates a consistent message to all staff which details what Title IX says, new policies, how it should be implemented, and what to do if they receive a report from a student about a Title IX infraction (bullying, harassment, sexual harassment, sexual assault, etc) (Kline, 2016).

Educate students on what is considered appropriate and inappropriate behavior as well as how to report inappropriate behavior.

Develop a complaint resolution process that handles how to take the initial information, notify victim of their right to file a criminal complaint, initiate an investigation with trained professionals, take measures to separate the complainant from the accused, take corrective action if need, and notify all involved of final resolution of the investigation (Kline, 2016) .

References

Kline, M. (2016, February 5). Best practices in training and compliance around title IX. CUPA. Retrieved July 20, 2022, from https://www.cupahr.org/blog/best-practices-in-training-and-compliance-around-title-ix/

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Title IX became law in 1972.  Since then, it has provided athletic opportunities for women which has help to change the trajectory of many lives.  Title IX has also evolved over the years to include protection for sexual harassment/sexual assault/gender-based harassment victims, bullying victims, pregnant/parenting students, and as well as against retaliation.

Title IX paved the way for me to attend college because it added women's sports to both high school and college campuses. After playing soccer my entire life, I earned a scholarship to college. Not only was I the first woman in my family to graduate from college, but I was the first person to graduate from college in my family. Without Title IX and the opportunities it offered me, my family would not have been able to afford for me to go to college. I am a product of Title IX.

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Standard 1.7 of Texas Administrative Code

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

This code states, “The educator shall comply with state regulations, written local school board policies, and other state and federal laws” (Tex. Admin. Code § 247.2.(1)(G)).

Ethical Issue
Even though this law is very clear, there are instances when state laws, House Bill 25, and federal laws, Title IX, are in opposition to each other. House Bill 25 states that all, “public school students compete in interscholastic athlete competitions based solely on their assigned sex at birth” and took effect on January 18, 2022 (Treisman, 2021), while the U.S. Department of Education declared that Title IX interprets the phrase, “discrimination based on sex” to also include sexual orientation and gender identity (U.S. Department of Education, 2021). This means students cannot be discriminated against for gender identity which can go against their gender on their birth certificate.
After interviewing my Superintendent for this assignment, I asked him what he would do if confronted with this situation.  He mentioned that he would go with local policy first, school board, and then go up to the federal level.  He would not go federal to local level.

References

Tex. Admin. Code § 247.2.1g. Educators Code of Ethics. https://tea.texas.gov/sites/default/files/ch247.pdf

Treisman, R. (2021, October 27). Texas' new law restricts transgender athletes' participation on school sports teams. NPR. Retrieved July 4, 2022, from https://www.npr.org/2021/10/27/1049634164/texas-new-law-restricts-transgender-athletes-participation-on-school-sports-team

U.S. Department of Education Confirms Title IX protects students from discrimination based on sexual orientation and gender identity. U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity | U.S. Department of Education. (2021, June 16). Retrieved July 2, 2022, from https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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University Interscholastic League (UIL) Non-Discrimination Policy

https://www.uiltexas.org/files/policy/uil-ccr-subchapter-j.pdf

"Girls may try out for, and if selected, participate on the corresponding boys’ team if the member school does not offer a corresponding girls’ plan for basketball, and/or soccer. Otherwise, a member school that offers any of these plans may not permit boys to participate on the girls’ teams, nor girls to participate on boys’ teams in these activities. UIL considers the following to be corresponding sport athletic plans: boys and girls basketball; boys and girls soccer" (UIL, Constitution and Contest Rules, 01.J  Section 360(d)(2022-2023)).

In the 2022-2023 UIL Constitution and Contest Rules, it states that if a school does not offer a corresponding plan for girls, a girl may try out and, if selected, participate on a boy's team.  This rule makes it very clear that schools must offer equal opportunity in athletics for girls.  If there is no girls' soccer or basketball team, a female student athlete must be allowed to try out for, and possibly participate on the boys' team.

References

University of Texas at Austin. (2022). Constitution and contest rules - uiltexas.org. University Interscholastic League. Retrieved July 20, 2022, from https://www.uiltexas.org/files/policy/2022-2023-UIL-constitution.pdf

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Slide #9 - Original Source of Law: Administrative Law

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Slide #9 - Original Source of Law: Administrative Law

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Texas Education Code - 1995

https://statutes.capitol.texas.gov/Docs/SDocs/EDUCATIONCODE.pdf

"An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code." (Texas Ed. Code § 1.002 (a)(b)(1995))

Texas Education Code § 1.002 (a)

Establishes that all students within the boundaries of a school district will be provided equal opportunities.

In the Texas Education Code there is no mention of gender, race, or nationality as being a criteria for education, meaning all criteria mentioned have become normalized in Texas education and athletics because of laws like Title IX and the Civil Rights Act of 1964.

Legal Requirements

It establishes the rule of law that all students in the state of Texas will be granted equal opportunities in Texas Schools regardless of race, gender, nationality, religion, or sexuality. ALL students in the state of Texas will be afforded equal educational opportunities.

Establishes that "the educational institution shall provide individuals with disabilities special educational services"   (Texas Ed. Code § 1.002 (b)(1995))

References

Education code title 1. general provisions Chapter 1. general ... - Texas. Texas Constitution and Statutes. (2022). Retrieved July 1, 2022, from

https://statutes.capitol.texas.gov/Docs/SDocs/EDUCATIONCODE.pdf

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Slide #8 - Original Source of Law: Statutory Law

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Slide #8 - Original Source of Law: Statutory Law

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Title IX of the Education Amendments of 1972

https://www.justice.gov/crt/title-ix-education-amendments-1972

"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" (20 U.S.C. §1681 et seq.)

Title IX

Prohibits any institution that receives federal financial assistance from discriminating "based on sex in educational programs and activities"  (US Department of Education, 2022).

Title IX gives education and athletic opportunities to all students regardless of gender.

It also protects victims of sexual harassment and/or sexual assault.

Legal Requirements

Protected areas under Title IX:

Sex-based Harassment

Harassment and Bullying

Pregnant or Parenting Students

Athletics

Retaliation

(US Department of Education, 2022)

References

Education Amendments Act of 1972, 20 U.S.C §§1681-1688 (2018). Title IX (Education Amendments Act of 1972, 2018).

US Department of Education (ED). (2022, July 12). Sex discrimination: Overview of the law. US Department of Education. Retrieved July 19, 2022, from https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
Back to top of the page Sec. 1681. Sex
(a) Prohibition against discrimination; exceptions

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, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in admissions

in regard to admissions to educational institutions, this section shall not apply

(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or

(B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with contrary religious tenets

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

(4) Educational institutions training individuals for military services or merchant marine

this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and continuing admissions policy

in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;

(6) Social fraternities or sororities; voluntary youth service organizations

this section shall not apply to membership practices -

(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or

(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to -

(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or educational institution specifically for -

(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) the selection of students to attend any such conference;

(8) Father-son or mother-daughter activities at educational institutions

this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(9) Institution of higher education scholarship awards in "beauty" pageants

this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.

(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance

Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: *Provided*, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

(c)"Educational institution" defined

For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.

(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568, Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.

AMENDMENTS
1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. 1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for "This" in par. (6) and added pars. (7) to (9). 1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6). EFFECTIVE DATE OF 1976 AMENDMENT
Section 412(b) of Pub. L. 94-482 provided that: "The amendment made by subsection (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976]." EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-568 provided that: "The provisions of the amendment made by subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972." SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act [enacting sections 1687 and 1688 of this title and section 2000d-4a of Title 42, The Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provisions set out as notes under sections 1687 and 1688 of this title] may be cited as the 'Civil Rights Restoration Act of 1987'." TRANSFER OF FUNCTIONS
"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of Commissioner of Education to the Secretary of Education. COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES
Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat. 612, provided that the Secretary prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regulations implementing the provisions of this chapter regarding prohibition of sex discrimination in federally assisted programs, including reasonable regulations for intercollegiate athletic activities considering the nature of the particular sports. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1682, 1687 of this title.
Back to top of the page Sec. 1682. Federal administrative enforcement; report to Congressional committees
Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: *Provided, however*, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

(Pub. L. 92-318, title IX, Sec. 902, June 23, 1972, 86 Stat. 374.) DELEGATION OF FUNCTIONS
Functions of the President relating to approval of rules, regulations, and orders of general applicability under this section, were delegated to the Attorney General, see section 1-102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1683 of this title.
Back to top of the page Sec. 1683. Judicial review
Any department or agency action taken pursuant to section 1682 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

(Pub. L. 92-318, title IX, Sec. 903, June 23, 1972, 86 Stat. 374.) CODIFICATION
"'Section 1682 of this title"', where first appearing, was substituted for "section 1002" as conforming to intent of Congress as Pub. L. 92-318 was enacted without any section 1002 and subsequent text refers to "section 902", codified as "section 1682 of this title".
Back to top of the page Sec. 1684. Blindness or visual impairment; prohibition against discrimination
No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.

(Pub. L. 92-318, title IX, Sec. 904, June 23, 1972, 86 Stat. 375.)
Back to top of the page Sec. 1685. Authority under other laws unaffected
Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

(Pub. L. 92-318, title IX, Sec. 905, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.
Back to top of the page Sec. 1686. Interpretation with respect to living facilities
Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

(Pub. L. 92-318, title IX, Sec. 907, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, known as the Education Amendments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Back to top of the page Sec. 1687. Interpretation of "program or activity"
For the purposes of this subchapter, the term "program or activity" and the term "program" mean all of the operations of -

(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)
(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;

(3)
(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship -

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259, Sec. 3(a), Mar. 22, 1988, 102 Stat. 28.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. FINDINGS OF CONGRESS
Section 2 of Pub. L. 100-259 provided that: "The Congress finds that -
"(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]; and

"(2) legislative action is necessary to restore the prior consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered."
CONSTRUCTION
Section 7 of Pub. L. 100-259 provided that: "Nothing in the amendments made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to extend the application of the Acts so amended [Education Amendments of 1972, Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a note under section 1001 of this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act [Mar. 22, 1988]." ABORTION NEUTRALITY
This section not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of this title.
Back to top of the page Sec. 1688. Neutrality with respect to abortion
Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.

(Pub. L. 92-318, title IX, Sec. 909, as added Pub. L. 100-259, Sec. 3(b), Mar. 22, 1988, 102 Stat. 29.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. CONSTRUCTION
This section not to be construed to extend application of Education Amendments of 1972, Pub. L. 92-318, to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a note under section 1687 of this title. ABORTION NEUTRALITY
Section 8 of Pub. L. 100-259 provided that: "No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal Funds [sic] to perform or pay for an abortion."

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Title Ix Of The Education Amendments Of 1972

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.

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Slide #7 - Original Source of Law: Judicial Law

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Slide #7 - Original Source of Law: Judicial Law

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Jackson v. Birmingham Board of Education - 2005

https://www.supremecourt.gov/opinions/04pdf/02-1672.pdf

About the case:

Roderick Jackson claimed he was fired for complaining that the girls' basketball team he coached was denied equal treatment by the school  (Jackson v. Birmingham Board of Education, 2005).

Jackson claimed Title IX gave him the right to sue the school because he reported sex discrimination against his team even though he himself was not discriminated against (Jackson v. Birmingham Board of Education, 2005).

The Supreme Court held that Title IX gives people the right to pursue their claim in court alleging retaliation for reporting sex discrimination  (Oyez, 2005).

Legal Requirements:

Schools cannot fire an employee for reporting sex discrimination/sexual harassment concerns.

If an employee files a sex discrimination/sexual harassment retaliation lawsuit, Title IX and Jackson v. Birmingham Board of Education guarantees them the right to have their suit heard by the legal system.

References

Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005)

Jackson v. Birmingham Board of Education. (n.d.). Oyez. Retrieved July 19, 2022, from https://www.oyez.org/cases/2004/02-1672

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Slide #6 - Original Source of Law: Constitutional Law

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Slide #6 - Original Source of Law: Constitutional Law

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14th Amendment - 1866

https://constitution.congress.gov/browse/amendment-14/

"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. Amend. XIV)

14th Amendment

The Fourteenth Amendment gave all citizens, regardless of their gender, ethnicity, or race, equal protection under the law.

In time, the Fourteenth Amendment would help end segregation and which would carry over to the education system.

The Fourteenth Amendment would help establish equity in education regardless of gender, ethnicity, or race.

Legal Requirements

Established that all people born in the United States automatically became U.S. citizens.

Restated that no citizen can be deprived of life, liberty, or property without due process of law.

Established that states cannot deny equal rights guaranteed under the Constitution.

(Washington Post, 2022)

References

U.S. Const. amend XIX

YouTube. Washington Post (2022). The 14th Amendment: Understanding its Crucial Legal Impact. YouTube. Retrieved July 19, 2022, from https://www.youtube.com/watch?v=KoC8Qj1DGEo.

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Fourteenth Amendment | Browse | Constitution Annotated | Congress.gov | Library of Congress

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The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.

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Slide #5 - Current News Article 2 - National Trends

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Slide #5 - Current News Article 2 - National Trends

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The U.S. national women's soccer team wins $24 million in equal pay settlement

https://www.npr.org/2022/02/22/1082272202/women-soccer-contracts-equal-pay-settlement-uswnt

In 2016, five members of the U.S. Women's National Team filed a federal complaint saying "each member of the women's team was paid thousands of dollars less than the men at nearly every level of competition"  (Treisman, 2022).

In March of 2019, 28 players sued U.S. Soccer "alleging that female players were consistently paid less than their male counterparts despite superior performance on the field"  (Treisman, 2022).

After a May 2020 ruling that dismissed their claims, several players filed an appeal in July of 2021 on the basis that "women had to win more often than men in order to receive bonuses"  (Treisman, 2022).

In February of this year, a settlement was reached between the U.S. Women's National Soccer team and the U.S. Soccer Federation:

U.S. Soccer will pay $22 million in back pay to players.

U.S. Soccer will put $2 million into a fund for player's post-career goals and charitable efforts.

U.S. Soccer has "promised to provide an equal rate of pay between the men's and women's national senior teams in all friendlies and tournaments, including the World Cup"  (Treisman, 2022).

Gender Equality in Professional Sports

According to the Bureau of Labor Statistics, women earn 81% what men earn in the United States  (Wigley, 2022).

While women's earnings have increased over the years, they have been stalled at 80%-83% since 2004 (Wigley, 2022).

Professional sports has some of the worst gender discrepancies.  Averages are listed below:

Basketball (NBA & WNBA) Men $8,321,937; Women $75,181

Golf (PGA & LPGA) Men $1,235,495; Women $48,993

Soccer (MLS & NWSL) Men $410,730; Women $35,000

Softball/Baseball (MLB & NPF) Men $4,031,549; Women $6,000

Tennis (ATP & WTA) Men $335,946; Women $283,635

(Wigley, 2022)

While Title IX has created more opportunities and normalized women in sports and education, society is still struggling with gender equality when it comes to equal pay.

References

Treisman, R. (2022, February 22). The U.S. National Women's soccer team wins $24 million in equal pay settlement. NPR. Retrieved July 19, 2022, from https://www.npr.org/2022/02/22/1082272202/women-soccer-contracts-equal-pay-settlement-uswnt

Wigley, R. (2022, January 4). Male vs female professional sports salary comparison. Adelphi University Online. Retrieved July 19, 2022, from https://online.adelphi.edu/articles/male-female-sports-salary/

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Slide #4 - Current News Article 1 - Texas Education

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Slide #4 - Current News Article 1 - Texas Education

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Texas' new law restricts transgender athletes' participation on school sports teams

https://www.npr.org/2021/10/27/1049634164/texas-new-law-restricts-transgender-athletes-participation-on-school-sports-team

October of 2021, Governor Greg Abbott signed House Bill 25 into law which states that all, “public school students compete in interscholastic athlete competitions based solely on their assigned sex at birth” and took effect on January 18, 2022 (Treisman, 2021).

Sponsor of the bill, Representative Valoree Swanson said the bill is only codifying existing Universal Interscholastic League (UIL) rules, which, “requires athletes to compete in sports based on the gender listed on their birth certificates” (Lewis, 2021).

Supporters of this bill see it as a way of protecting young women and maintaining a level playing field because transgender female athletes have more testosterone than cisgender females.

Critics of the law say it unfairly targets transgender females who typically are more at risk of suicide and mental health issues, while only protecting cisgender females (Treisman, 2021).

Critics also point to the fact that research has yet to determine if having more testosterone actually helps athletes win athletic competitions (Treisman, 2021).

House Bill 25 charges the UIL with implementing the rules.

The UIL has been operating on a similar rule since 2016, yet it is seen as more flexible than House Bill 25 in that the UIL does recognize, “any legally modified birth certificates” (Waller, 2021), which can be a lengthy, arduous, and expensive process to complete.

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 education program or activity receiving Federal financial assistance” (20 U.S.C. §1681 et seq.).

In June of 2021, three months before Governor Abbott signed House Bill 25 into law, the U.S. Department of Education declared that Title IX interprets the phrase, “discrimination based on sex” to also include sexual orientation and gender identity, which means students cannot be discriminated against for either issue (U.S. Department of Education, 2021).

Current State of Title IX

In January and March of 2022, both the NCAA, National Collegiate Athletic Association, and the IOC, International Olympics Committee, reversed their stance on transgender athletes competing with cisgender females.

Both organizations are placing, “the responsibility of establishing guidelines for trans inclusion on each individual sport.

It also concludes that sporting bodies should not assume that transgender women have an inherent advantage over cisgender women, nor should transgender women have to reduce their testosterone levels to compete” (Cretaz, 2022).

With these changes, it is only a matter of time before Texas faces diversity lawsuits from both transgender female athletes and cisgender female athletes.  “Legislation similar to House Bill 25 has become law in five other states; however, the Texas bill is arguably the most restrictive” (Lewis, 2021).

References

Cretaz, F. de la. (2022, March 23). The IOC has a new trans-inclusion framework, but is the damage already done? Sports Illustrated. Retrieved July 4, 2022, from https://www.si.com/olympics/2022/03/23/transgender-athletes-testosterone-policies-ioc-framework

Education Amendments Act of 1972, 20 U.S.C §§1681-1688 (2018). Title IX (Education Amendments Act of 1972, 2018).

Lewis, J. (2021, October 18). Texas bill restricting transgender student-athlete sports participation about to become law. The National Law Review. Retrieved July 4, 2022, from https://www.natlawreview.com/article/texas-bill-restricting-transgender-student-athlete-sports-participation-about-to

Treisman, R. (2021, October 27). Texas' new law restricts transgender athletes' participation on school sports teams. NPR. Retrieved July 4, 2022, from https://www.npr.org/2021/10/27/1049634164/texas-new-law-restricts-transgender-athletes-participation-on-school-sports-team

U.S. Department of Education Confirms Title IX protects students from discrimination based on sexual orientation and gender identity. U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity | U.S. Department of Education. (2021, June 16). Retrieved July 2, 2022, from https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity

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Texas is the latest state to prohibit transgender youth from playing on sports teams that align with their gender identity.

Gov. Greg Abbott signed House Bill 25 into law on Monday. It requires public school students compete in interscholastic athlete competitions based solely on their assigned sex at birth, and takes effect on Jan. 18.

The law says that K-12 students who participate in interscholastic competition can only play on teams in accordance with the sex listed on their official birth certificate - which is defined as the one issued at or near the time of their birth and may not correspond with their gender identity.

It applies to all teams "sponsored or authorized" by a school district or open-enrollment charter school, and charges the University Interscholastic League - which governs athletic contests in the state's public primary and secondary schools - with implementing the same rules.

It goes further than existing UIL rules, which require students participating in high school sports to do so in accordance with the sex listed on their birth certificates but accepts amended birth certificates. (Critics of that policy, which was implemented in 2016, say it forces students to go through the time-intensive and potentially costly process of changing their birth certificates in order to play.)

The text of the bill says that it aims to "further the governmental interest of ensuring that sufficient interscholastic athletic opportunities remain available for girls to remedy past discrimination on the basis of sex."

Lawmakers have debated several versions of the measure since January, and it polls well with the highly conservative voters that Abbott is courting ahead of his 2022 reelection campaign.

What science says about fairness

Supporters of the bill say they believe it will prevent trans athletes - and specifically trans girls - from having an unfair advantage when they compete against cisgender students, as Texas Public Radio reports.

That's not based in science, as one researcher told NPR this spring.

"We know that men have, on average, an advantage in performance in athletics of about 10% to 12% over women, which the sports authorities have attributed to differences in levels of a male hormone called testosterone," said geneticist and pediatrician Dr. Eric Vilain.

"But the question is whether there is, in real life, during actual competitions, an advantage of performance linked to this male hormone and whether trans athletes are systematically winning all competitions. The answer to this latter question, are trans athletes winning everything, is simple - that's not the case."

Opponents are slamming the bill for targeting trans athletes and limiting their opportunities.

"This law will further harm the very kids who need support from their peers and teachers," LGBTQ organization GLAAD tweeted. "It's unnecessary and shameful to target children who just want to grow up in peace and be themselves, like any other kid."

Amit Paley, CEO and executive director of the Trevor Project, said on Twitter that the nonprofit organization is available for 24/7 support and will keep working with its partners to challenge the law.

In a statement, the Trevor Project crit icized the law as an attack on trans and nonbinary youth, who are already at higher risk for mental health challenges and suicidal ideation compared with their peers.

It noted that the bill also comes during a year when Texas lawmakers have proposed nearly 70 "anti-LGBTQ bills," including more than 40 bills targeting transgender and nonbinary youth - the most of any state.

In recent years, dozens of state legislators across the country have introduced bills that would limit or prohibit transgender women from competing in women's athletics. ESPN keeps this list of where various states stand.

The NCAA Board of Governors, which oversees the main governing body for college sports, said in an April statement that it "firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports," and will only hold NCAA championships in locations that can provide a respectful and welcoming environment.

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Texas' new law restricts transgender athletes' participation on school sports teams

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Texas is the latest state to prohibit transgender youth from playing on sports teams that align with their gender identity. Gov. Greg Abbott signed House Bill 25 into law on Monday. It requires public school students compete in interscholastic athlete competitions based solely on their assigned sex at birth, and takes effect on Jan.

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National Education Association: Title IX at 50: Where We've Been, Where We're Headed, and Why it Still Matters.

https://www.nea.org/advocating-for-change/new-from-nea/title-ix-50-where-weve-been-where-were-headed-and-why-it-still-matters

Author Brenda Alvarez researches the effects of Title IX through the years, describes current hot topics, and predicts the effects of Title IX in future years.   After interviewing female coaches that lived and coached before and after Title IX, Alvarez compares male to female sports statistics before Title IX and today.  She also highlights the new battle ground for Title IX: transgender athletes and the creation of nondiscriminatory legislation in the educational setting.

Álvarez, B. (2022, July 7). Title IX at 50: Where we've been, where we're headed, and why it still matters. NEA. Retrieved July 19, 2022, from https://www.nea.org/advocating-for-change/new-from-nea/title-ix-50-where-weve-been-where-were-headed-and-why-it-still-matters

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But it certainly was the case-given this was seven years before passage of Title IX, the 1972 legislation that bars discrimination on the basis on sex and guarantees girls and women equal access and treatment in education programs and activities, such as sports. Because sex-based discrimination includes sexual harassment and violence, the law also has made schools and campuses safer for girls and women.

"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 educational program or activity receiving Federal financial assistance."-Title IX

Title IX did was make playing sports fair," she says. "We got to do what we should have been doing all along and at the same level as the boys."

Fifty years ago, however, the gender gap in sports ran broad and deep. According to the Women's Sports Foundation , between 1971 - 1972, more than 3.6 million boys participated in a high school sport compared to nearly 300,000 girls.

Most recently, in February 2022, Trinity Rodman, 19, became the highest-paid player in the history of the National Women's Soccer League, after signing a contract with the Washington Spirit, reports ESPN .

On the 50 th anniversary of this landmark civil rights law, the U.S. Department of Education announced a proposed rule to help fulfill the promise of Title IX: Education environments should be free of all sex discrimination and sex-based harassment.

codifies years of case law and previous guidance into a single regulation-helping to ensure all students have the opportunity to learn, regardless of sex, sexual orientation, or gender identity.

As it stands, the number of girls and women of color in sports remains low. Plus, they continue to face greater barriers to participation, and are historically excluded in sport leadership, according to a May 2022 from the Women's Sports Foundation.

In March 2020, became the first state to ban transgender girls in sports. But five months later, a federal judge , and, for now, all women and girls can try out for sport teams. NEA joined the National Women's Law Center in an amicus brief and the case is still pending.

This hasn't stopped other lawmakers from passing similar laws. In June 2022, became the 18th state to ban transgender girls from girls' sports teams.

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Title IX At 50: Where We've Been, Where We're Headed, and Why It Still Matters | NEA

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But it certainly was the case-given this was seven years before passage of Title IX, the 1972 legislation that bars discrimination on the basis on sex and guarantees girls and women equal access and treatment in education programs and activities, such as sports.

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Slide #2 - Interview with a professional

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Slide #2 - Interview with a professional

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Interview information:

Mr. Chavarria

Superintendent

Crockett County Consolidated Common School District (CCCCSD)

https://www.ozonaschools.net/page/district-admin

1) Why is Title IX important in your role as superintendent? How does it impact education?
"Title IX is important.  It ensures equity in the schools.  It makes sure that people are held accountable in their budget, facilities, and programs."
2) What are some best practices related to Title IX?
"Some things I make it a point to do is watch the budgets and compare the budget to the number of kids involved.  I also make it a point to maintain facilities to the best of my ability.  The last thing I like to do is make sure to train employees in how to handle Title IX compliance issues."

3)What is an emerging issue related to Title IX that educators should watch to see how it plays out and impacts your work?
"With this being the 50th anniversary of Title IX, it has heightened the awareness about Title IX.  I think we have come a long way, but we still have a way to go."

"One of the tricky issues we have to deal with locally is how to deal with Recapture and how to upgrade our facilities.  It  makes it a very complicated situation."

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While I am a high school teacher of 18 years, I aspire to be a principal and am in the Educational Leadership graduate program with a principal certification.  The audience for this topic is my fellow principal candidates as well as current principals and administrators.
My topic is Title IX.  I chose this topic because it has positively affected my life.  As a female high school athlete, I was able to earn an athletic scholarship and become the first person in my family to graduate from college. I also wanted to see how Title IX affects women and other groups like men and transgender students.