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I am a graduate student in the Department of Curriculum and Instruction at Angelo State University working on completing my Master of Science in Professional School Counseling. This presentation serves to inform school administrators, counselors, coaches, and other interested stakeholders within school districts about the importance of and regulations surrounding equal opportunities in educational programs.

I chose this topic because legislation surrounding it recently celebrated its 50 year anniversary, and while sex and gender equity in education has come a long way, it still has quite the journey ahead of it, especially as trends and cultures evolve in the coming years.

Reference
Powell, A. (2022, June 22). How Title IX transformed colleges and universities over past 50 years. The Harvard Gazette. https://news.harvard.edu/gazette/story/2022/06/how-title-ix-transformed-colleges-universities-over-past-50-years/

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As an Athletic Director and Head Coach, Ty Lang has to stay up to date on all information regarding Title IX, so that he ensures that his district offers fair access and support to both mens and womens sports. He regularly monitors rules and regulations associated with Title IX requirements, so that he and his district stays in compliance. For instance, he is the new Athletic Director for Ballinger ISD for this coming school year, but prior to this year, they have not offered volleyball in many years, causing an imbalance in the access and availability of women’s and men’s sports. A couple of years ago there was a complaint filed against Ballinger ISD for not offering volleyball, and the district was held accountable for correcting the inequity in sports for their students (Hancock, 2021). Last year the district started offering volleyball at their middle school campus, and this upcoming school year will offer sub varsity volleyball at the high school level, so that in the 2023-24 school year they will be able to compete at the varsity level. Lang will be leading the helm of building that program, and his wife Jaclyn will be leading the sub varsity volleyball teams this fall.

As a school counselor, I have to be aware of updates in rules and regulations like Title IX so that I can advocate better for my students, their needs, and their rights throughout their education.

Hancock, B. (2021, June 7). complaint filed with office of civil rights against Ballinger ISD. Abilene  Reporter News. https://www.reporternews.com/story/news/2021/06/07/complaint-filed-office-civil-rights-ballinger-isd/7582741002/

(J. Lang & T. Lang, personal communication, July 6, 2022).

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BALLINGER - Volleyball has been a hot topic in Ballinger for the last couple of years. Recently, many parents have been determined to see the school district create a volleyball program. The issue is complex. Not only is the money involved substantial, but there is the issue of the level at which the program will start. At the January 2020 school board meeting, Ballinger ISD Athletic Director and head football coach Chuck Lipsey addressed the prospect of adding volleyball, but not at the varsity level immediately, "We should play 2 to 3 years on a sub-varsity level. We don't want to throw the kids into a varsity schedule. If we do, we'll have kids quit because the team will always be getting beat."

At that same meeting, BISD Superintendent Jeff Butts said that the Ballinger Youth Sports Association was going to start a volleyball program this fall, which will help with teaching the kids the fundamentals and help with their conditioning, "I'm very encouraged that BYSA is going to get volleyball started."

Complaint filed with Office of Civil Rights

The pursuit of volleyball has now been taken to a higher power with a complaint being filed with the Office of Civil Rights. A letter sent to board members by Butts addressed the investigation:

"There has been a complaint filed with the Office of Civil Rights (OCR) that relates to us not having volleyball. There is currently a deadline to answer the complaint by June 11th. We have asked for an extension of this deadline. We are in the process of gathering the information that the OCR requested. I am hoping that the OCR will extend the deadline to allow us more time to gather this information. I had our Title IX attorney run our 2019-2020 numbers last year when the volleyball issue was first brought up and we were in compliance. I have contacted our attorney and we are working on the documents that the OCR is asking for us to complete and submit. I will keep you updated on this."

Title IX, also referred to as Patsy Takemoto Mink Equal Opportunity in Education Act, clause of the 1972 Federal Education Amendments, was signed into law on June 23, 1972. It states "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."

The basis of the complaint

The complaint revolves around the allegation that Ballinger ISD does not provide as many opportunities for female athletes as they do male athletes. Girls have six sports to participate in at Ballinger High School: cross country, basketball, softball, track and field, golf and tennis. Cheerleading doesn't qualify as a sport. Boys have seven sports: football, basketball, baseball, track and field, cross country, tennis and golf. Many parents feel that football adds a greater opportunity for boys to participate in school sports than girls.

The National Women's Law Center's (www.nwlc.org) website mentions Title IX specifically, "Since Title IX became the law in 1972, we've been working nonstop to make sure girls are treated fairly in school athletics programs. A federal law, Title IX, makes it illegal for schools to discriminate against students because of their sex. This means that girls have the same right to play as boys. We take to the courts to ensure that schools provide female athletes with equal access to athletic opportunities. We fight back when schools try to weaken their enforcement of Title IX protections. We advocate for federal policies to make sure schools are reporting accurate numbers on their student athletes so we can hold them accountable to the law. We've come a long way already ― and we'll keep working just as hard until all girls have a fair chance to reap the many benefits of playing sports."

Just Play Now (www.justplaynow.org) also addresses the issue on their website:

"As applied to athletic programs, Title IX requires schools to:

Offer male and female students nondiscriminatory opportunities to play sports;

Treat both male and female student athletes fairly, offering female athletes the same treatment and benefits offered male athletes; and

Award college athletic scholarship money in proportion to the number of female and male athletes at the school.
A Note on Funding
The budgets for female and male teams do not have to be equal: sport-specific cost differences are allowable (for example, boys' football uniforms are more expensive than girls' volleyball uniforms). But, benefits must be equal - the football uniforms may not be new every year and top quality while the volleyball uniforms are several years old and made of shoddy materials.

Where benefits are not equal, a school may not use the excuse that it does not have enough money to provide better equipment, supplies, facilities, etc. for female teams. If the boys' athletic program receives greater benefits but the school has limited funds, the school has only three choices to comply with Title IX:

Increase the benefits for girls;

Decrease the benefits for boys; or

Do some of both.

School district maintains that it complies with Title IX

The district has maintained that it does provide equal opportunities for boys and girls to participate in sports. At the board meeting, Butts pointed out that the district's lawyer also felt that the district was in compliance with Title IX.

According to the letter, Ballinger has until Friday, June 11, to answer the complaint. As the letter shows, Butts is asking for an extension. The process for investigating the allegation could take several weeks. Until this point, it's simply been parents and others within the community divided into those who believe the school is in compliance, and those that don't. Now, it could be the Office of Civil Rights that makes the final determination.

One issue concerning some parents is the much-needed updating of areas within the school, such as the science lab. The parents worry that the cost of volleyball could inhibit the renovation of those areas.

Adding volleyball would cost around $200,000, according to the district. This includes a one-time cost of $43,350, which would include the net system and striping four gyms. Accident insurance would run the school $13,350. Add to those numbers the cost of uniforms, paying officials to officiate games, a head coach and assistant head coach salary, and the numbers quickly climb. At the January 2020 board meeting, the hiring of a volleyball coach was discussed, with the common consensus being that they'd hire a full-time head coach to get the program off the ground, rather than a teacher/coach with a coaching stipend. This would include the 3 or 4 years of play at the sub-varsity level (junior high and JV).

Some schools have addressed Title IX issues by opening up their football program to girls, thus providing an equal opportunity for girls to participate in sports. Currently, some of the small schools around the area that provide volleyball are Miles, Olfen, Veribest, Bronte, Paint Rock, Coleman, Water Valley, Rochelle, Wall, Sonora, Reagan County and Brady.

Butts was sent an email regarding the investigation. He replied, "We have received a notification from the Office of Civil Rights (OCR) that a complaint has been filed against the District. The complaint alleges that Ballinger ISD discriminates against female students by not having volleyball. We are required to submit certain information to the OCR by June 25th. The initial deadline was June 11th but they have extended the deadline until June 25th. I am in the process of gathering the information to send to the OCR for their review."

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Complaint filed with Office of Civil Rights against Ballinger ISD

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BALLINGER - Volleyball has been a hot topic in Ballinger for the last couple of years. Recently, many parents have been determined to see the school district create a volleyball program. The issue is complex. Not only is the money involved substantial, but there is the issue of the level at which the program will start.

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There are many professional organization that offer information or cover the details of equity in education, but there is one specifically created to help Title IX administrators stay up to date on all legislation and trainings surrounding Title IX.

The Association of Title IX Administrators (ATIXA) is a professional resource for training and guidance on improving equality among genders in educational institutions. Its target demographic are administrators and Title IX Coordinators, but anyone in education would benefit from the training sessions and resources that they offer nationwide.

Reference

Association of Title IX Administrators (ATIXA). (2022).https://www.atixa.org/

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An expansive community for best in class professional development.

ATIXA membership is an investment in professional excellence. It signals a commitment to best practices for advancing gender equity within schools and colleges. ATIXA's reach comprises thousands of Title IX professionals nationwide. These professionals collaborate with ATIXA's expert consultants to provide the support and resources needed to resolve Title IX compliance challenges.

More about Membership Join or Renew

Membership. Community. Content.

Protection from sex-based discrimination

Title IX protects people from sex and gender discrimination in education programs or activities that receive federal financial assistance. The statute states: "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."

More About Title IX

What is Title IX?
Access to education

The home for Title IX coordinators, investigators, and administrators.

ATIXA provides tools that advance gender equity, motivate change, and implement Title IX best practices. Our K-12, higher education, organization, and Title IX team members receive up-to-the-minute consultation and community via an active listserv.

More about Who We Serve

Who We Serve
Serving all Title IX administrators

It’s about commitment, not just compliance.

We offer a comprehensive suite of consulting services from the top industry experts. Consulting visits can focus on one topic, or often cover a variety. You don’t have to be a member engage a consultant and we provide off-site consultation as well as on-site visits.

More about Consulting

Consulting
Comprehensive services from top experts

Take advantage of our 2020 Regs Resources.

OCR issued the first new Title IX Regulations since 1975. ATIXA has implemented a comprehensive compliance approach with dozens of resources intended to help you move toward full compliance. You may be facing a daunting compliance task, but ATIXA is dauntless in our pursuit of sex/gender equity in education programs.

More about the 2020 Regulations

2020 Regulations
Compliance Accomplished

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ATIXA is an organization that brings Title IX Administrators together to advance gender equity in education.

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The U.S. Department of Education is reviewing how schools eligibility in male and female sports as it pertains to transgender students. An announcement was made recently that proposes the expansion of Title IX protections to include transgender students.

The rules and regulations are somewhat difficult to follow in certain states because federal and state laws are addressing the issues in what they call “real-time” or as they are playing out in the schools.

With state laws increasing restrictions in droves on what can be taught in regards to gender identity and sexuality in the classroom, it is trickling into local and state regulations on participation in sports for students wanting to compete male or female sports consistent with their gender identity.

Reference
Camera, L. (2022, June 23). Biden administration to study eligibility of transgender students to play sports. U.S. News and World Report. https://www.usnews.com/news/education-news/articles/2022-06-23/biden-administration-to-study-eligibility-of-transgender-students-to-play-sports

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The Education Department is pursuing a rulemaking process to determine how schools decide eligibility for men's and women's sports teams - an announcement it made Thursday as it made public its proposal to expand the scope of Title IX's protections against a backdrop of states limiting the participation of transgender athletes in competition.

Education Secretary Miguel Cardona said the decision was due to the fact that standards are "evolving in real time," alluding to the growing number of states passing legislation that bans transgender girls and women from competing in sports.

"The department recognizes that the standards for students participating in male and female athletic teams are evolving in real time," he said during a call with reporters. "That's why we've decided to do a separate rulemaking on how schools may determine eligibility while upholding Title IX's nondiscrimination guarantee."

The issue is taking on a new urgency after the Education Department on Thursday announced its long-awaited update to federal Title IX rules banning discrimination based on sex in education. The new rules propose prohibiting discrimination based on sex to include discrimination based on sexual orientation and gender identity.

Editorial Cartoons on Education

The National Youth Law Center has tracked nearly 200 state laws that have been introduced over the last year that would restrict teaching about gender identity, sex, racism, equity and other so-called "divisive" topics or roll back the rights of LGBTQ students and their families by not allowing them to use the bathroom or play on the sports teams that match their gender identity. And while most won't get out of committee, GOP-controlled states are pursuing various versions of them at break-neck speed.

As it stands, 18 states ban transgender students from participating in sports consistent with their gender identity, according to the Movement Advancement Project, a nonprofit research organization.

"The trend of state bills excluding transgender students from athletics is a false solution in search of a nonexistent problem," wrote the leaders of hundreds of civil rights and LGBTQ advocacy groups in an open letter published Wednesday. "For more than a decade, state athletic associations around the country have implemented eligibility policies that ensure transgender student athletes can compete consistent with their gender identity. Those inclusive polices have benefited all students, including cisgender girls and women."

"There is no evidence that the participation of transgender girls and women has affected the level of play in states with inclusive policies," they wrote. "Furthermore, girls' athletics participation has increased or stayed the same in those states that have inclusive sports policies, while girls' athletics participation has declined in states with discriminatory policies."

Advocates worry about the timeline of a new rulemaking process, arguing that if Republicans win the House and Senate during the upcoming midterm election, they could use the congressional review process to undo regulations they deem an overreach of Title IX's protections, which many congressional Republicans have already accused the Biden administration of doing.

"To fulfill Title IX's promise in protecting all students, we urge the Biden administration to move quickly to affirm the ability of trans students to fully participate in sports," Fatima Goss Graves, president of the National Women's Law Center, said in a statement.

Education Department officials said there was no timeline for the rulemaking process related to eligibility for male and female sports teams.

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Biden Administration to Study Eligibility of Transgender Students to Play Sports

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The Education Department is pursuing a rulemaking process to determine how schools decide eligibility for men's and women's sports teams - an announcement it made Thursday as it made public its proposal to expand the scope of Title IX's protections against a backdrop of states limiting the participation of transgender athletes in competition.

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President Biden is proposing changes to Title IX making it easier for sexual harassment and assault victims to report abuse and specifies responsiblitilies for the educational institutions as well. His changes also cover increases to protection for students based on gender identity and sexual orientation.

His administration is also working toward a new meaning of discrimination based on sex. It will include more than just sex-based harassment, but also harassment based on sex orientation, gender identity, pregnancy, and hostile situations. Another difference covered here would be that it does not have to be lengthy, ongoing, and increasingly volatile harassment, but one time and it be reported.

The most controversial of Biden’s overhaul has to do with the increased protections he is proposing for LGBTQ students. While his previous notice in 2021 said that the discrimination fell under sex discrimination, this will be the first time it is ever worded specifically to include gender identity and sex orientation.

It is expected that this will cause an uproar among religious educational institutions and an increase in requests for exemption applications from Title IX.

Rule-making processes regarding athletic protections and participations will likely happen separately and later based on the growing changes and state laws being proposed on the topic.

Reference
Brink, M. (2022, June 24). Biden’s Title IX overhaul. Inside Higher Ed. https://www.insidehighered.com/news/2022/06/24/biden-expands-protections-sexual-harassment-lgbtq-students

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The Biden administration on Thursday proposed major changes to Title IX that would make it easier for victims of sexual harassment to report possible harm and expands protections to students based on sexual orientation and gender identity, reversing many of the current regulations created by former president Trump.

The new rule expands the definition of sexual harassment that was narrowed by the Trump administration as well as throwing out requirements for in-person hearings and cross-examinations.

“This is very much a step forward—it has more robust provisions for both complainants and respondents and more specific responsibilities for institutions,” said S. Daniel Carter, president of Safety Advisors for Educational Campuses.

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Title IX of the Education Amendments of 1972 protects students, faculty and staff from sex-based discrimination at education programs that receive federal funding. The administration’s 700-page proposal was released on the law’s 50th anniversary and will undergo a 60-day comment period before taking effect.

“When it comes to government regulations, the specific wording and details are everything,” said Terry Hartle, senior vice president of government relations and public affairs at the American Council on Education. “One thing we can say for certain is that, like when the current regulations were first proposed, this will attract tens of thousands of comments, pro and con.”

It is expected that the proposed rules will receive pushback from conservatives, who have long been concerned about the protections of accused students’ due process rights in Title IX cases. Critics of former education secretary Betsy DeVos’s iteration of the law say it went too far to protect the rights of respondents and had a chilling effect that deterred many from reporting due to the complex and lengthy hearing process.

Legal battles over issues relating to transgender students, including pronoun and bathroom use and sports participation, are also expected.

The department will be conducting a separate rule-making process focused on student athletics due to the ongoing legal battles over transgender students’ involvement in athletics.

Expanding the Definition of Sexual Harassment

The Biden administration proposed a new definition of sex-based harassment that now includes not only harassment based on sex, but also sexual orientation, gender identity, pregnancy and any situation that creates a “hostile environment.”

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It also throws out the Trump-era definition that harassment must be “so severe, pervasive, and objectively offensive,” which many regarded as too high a standard, returning to the pre-2020 standard of “severe or pervasive.”

Tracey Vitchers, the executive director of It’s on Us, a sexual violence prevention organization, said that under the proposed rule, “one instance is enough for a student to report what has happened to them, whereas under the current regulations that are in place from the Trump administration, in many cases, a student would have to experience ongoing and escalating acts of sexual violence or harassment for the school to be required to take action.”

Additionally, the proposed regulations would require colleges to respond to instances of sexual harassment that occur off campus at educational programs or out of country, such as in study abroad programs. The 2020 regulations only covered instances of sexual harassment that occurred on campus. Most campus employees would also now be required to report any instances of harassment to Title IX officials.

Changes to Investigations and Hearings

One of the most criticized aspects of the Trump-era version of Title IX was the requirement of cross-examination and in-person hearings, which many critics said was complicated and traumatizing for victims.

Thursday's proposal eliminates the requirement for investigations to include cross-examination or live hearings. However, colleges can choose to use these practices within their own grievance procedures. It also clarifies that colleges can use a remote option to conduct hearings so that a student bringing claims of harassment does not have to be in the same room as the person they are accusing.

The proposal also gives complainants more flexibility in reporting instances of sexual harassment, including allowing them to file a complaint after they have left college due to an instance of sexual harassment and the ability to pursue an informal complaint process without filing an official report.

Sharyn Potter, a professor of women’s and gender studies at the University of New Hampshire, said that many victims of sexual harassment leave college because of the harm they have experienced and that this new provision will “empower” victims, “because when they leave, the door is not shut behind them.”

The proposal also requires that colleges complete investigations in “prompt time frames” and that Title IX coordinators are in regular communication with both the complainant and respondent about the status of the case. The prior regulations, many said, left both parties largely in the dark as to the status of their cases, which can sometimes take up to a year to resolve.

Critics of the proposed rules are concerned about how the rollbacks to hearing procedures, specifically the elimination of the cross-examination requirement and changes to standards of evidence, will impact an accused student’s right to due process. This is expected to be one of the proposal’s largest legal targets, especially from conservatives.

Senator Richard Burr, a Republican from North Carolina, said in a statement, “The existing rule struck a balance that follows the law and is fair to both parties. This attempted overreach is not only extremely concerning but runs counter to federal court precedent and the opinions of leading legal experts.”

Additionally, Joe Cohn, the legislative and policy director for the Foundation for Individual Rights and Expression, said, “They are greenlighting all kinds of weaker procedures that will predictably lead to serious violation of due process rights necessary for procedures to be fundamentally fair.”

Some experts on the matter disagreed. “This was not a throwing out of all the due process protections that were incorporated in the 2020 regs. The Department of Education has left in some of the most important protections for respondents while also broadening the scope of protections that are provided to complainants,” said Brett Sokolow, president of the Association of Title IX Administrators.

An additional area of concern was that the final decision on a case could be made by the Title IX coordinators themselves, which is prohibited under the current regulations.

Carter said, “That is a very bad idea, because having one person be responsible for all of those tasks increases the possibility of mistakes being made or biases being introduced.”

The removal of many of the Trump-era requirements regarding hearings and investigations will give colleges more flexibility to create and use their own policies to respond to sexual harassment.

“We have moved from a prescriptive set of rules to a set of principles,” Sokolow said of the new proposal. “Those principles give boundaries or guardrails but allow for a ton more flexibility than the 2020 [regulations] with respect to how schools will implement the actual practices.”

Critics argued that the Trump-era regulations placed too many administrative rules on Title IX coordinators that did not allow them to develop policies to serve the unique needs of their college.

This too, however, could raise legal challenges. Alyssa Rae McGinn, vice president of investigations at Dan Schorr, a company that advises colleges on Title IX, said that “in returning so much discretion to schools, the door opens once again for inconsistency in procedures across the country,” and these inconsistencies will likely “give rise to legal challenges after implementation.”

Creating Protections for LGBTQ Students

Perhaps the most anticipated and controversial aspect of the new proposal is the expansion of protections from discrimination based on sexual orientation and gender identity.

Protections for discrimination based on gender identity and sexual orientation were already included in Title IX after the Biden administration issued a notice of interpretation in June 2021, following the Supreme Court’s ruling that LGBTQ discrimination was the same as sex discrimination.

Since then, many colleges have already interpreted Title IX to include discrimination through this lens, however, the proposal officially codifies the rule in the Title IX regulations for the first time in history.

The Obama administration also issued a notice that expanded protections for LGBTQ students under Title IX, but this was overturned by the Trump administration.

Many have welcomed this addition as a win for the LGBTQ community, which experiences sexual harassment and abuse at disproportionally higher rates.

Diego Sanchez, the director of advocacy, policy and partnerships at Parents, Families, and Friends of Lesbians and Gays (PFLAG) National, said, “For parents and guardians whose loved ones are LGBTQ+ and planning for their next step in higher education, today’s proposed guidance offers a sign of hope. Even if a student attends school in a place like Texas or another state with local laws that might be harmful, they would be protected from harassment and discrimination at college.”

However, the proposed rules did not change any of the Trump-era expansions to exemptions that many religious colleges that receive federal funding have used to bypass Title IX requirements. The inclusion of LGBTQ students specifically in Title IX is expected to not only create a host of legal issues regarding freedom of speech and freedom of religion, but more applications for religious exemptions are expected as well.

The Religious Accountability Project said in a statement that the Biden administration failed “to acknowledge the needs of some of the most vulnerable LGBTQ+ people in America, LGBTQ+ students caught in the trap of taxpayer-funded religious educational institutions.”

The department will be conducting a separate rule-making process for how Title IX applies to athletics due to the recent uptick in legal challenges on transgender students’ involvement in sports.

Transgender students participating in sports teams that correspond with their gender identity has sparked a furry from Republicans who believe gender can only be defined in biological terms.

Senior department officials were not able to share details on when the rule-making process on athletics will begin.

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Biden expands protections for sexual harassment, LGBTQ students

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Many praise his proposal, but some criticize the provisions on due process for those accused.

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Slide #6 Original Source of Law: Administrative

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Slide #6 Original Source of Law: Administrative

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Source of Law: Administrative Law

Citation: Exec. Order No. 14021, 3 C.F.R. 13803 (2021).

Link: https://www.federalregister.gov/documents/2021/03/11/2021-05200/guaranteeing-an-educational-environment-free-from-discrimination-on-the-basis-of-sex-including

In an Executive Order in 2021, President Biden added gender identity to the protections that Title IX offered.

This area of Title IX is still evolving based on current events, trends, legislation, etc. It is likely that educators will see this area of the law play out in many different ways with various repeals and reinstatements along the way.

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Start Printed Page 13803 Executive Order 14021 of March 8, 2021

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity. For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance.

Sec. 2. Review of Agency Actions. (a) Within 100 days of the date of this order, the Secretary of Education, in consultation with the Attorney General, shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that are or may be inconsistent with the policy set forth in section 1 of this order, and provide the findings of this review to the Director of the Office of Management and Budget.

(i) As part of the review required under subsection (a) of this section, the Secretary of Education shall review the rule entitled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 85 FR 30026 (May 19, 2020), and any other agency actions taken pursuant to that rule, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order.

(ii) As soon as practicable, and as appropriate and consistent with applicable law, the Secretary of Education shall review existing guidance and issue new guidance as needed on the implementation of the rule described in subsection (a)(i) of this section, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order.

(iii) The Secretary of Education shall consider suspending, revising, or rescinding-or publishing for notice and comment proposed rules suspending, revising, or rescinding-those agency actions that are inconsistent with the policy set forth in section 1 of this order as soon as practicable and as appropriate and consistent with applicable law, and may issue such requests for information as would facilitate doing so.

(b) The Secretary of Education shall consider taking additional enforcement actions, as appropriate and consistent with applicable law, to enforce the policy set forth in section 1 of this order as well as legal prohibitions on sex discrimination in the form of sexual harassment, which encompasses sexual violence, to the fullest extent permissible under law; to account for intersecting forms of prohibited discrimination that can affect the availability of resources and support for students who have experienced sex discrimination, including discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students Start Printed Page 13804 who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school procedures are fair and equitable for all.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, March 8, 2021. Filed 3-10-21; 8:45 am]

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government federal register executive rulings notices

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Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

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Start Printed Page 13803 Executive Order 14021 of March 8, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy.

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Slide #7 Original Source of Law: Constitutional

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Slide #7 Original Source of Law: Constitutional

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Source of Law: Constitutional Law

Citation: U.S. Const. amend. XIV, § 1

Link: https://www.constituteproject.org/constitution/United_States_of_America_1992#s169

The 14th Amendment to the U.S. Constitution states that no person can be denied equal access or protection under the law, even at the State level.

Title iX was formed in connection to the rights associated with the 14th Amendment. It was signed into law in 1972 and is meant to provide equality in education.

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Source of constitutional authority, Motives for writing constitution, Preamble

Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I

Structure of legislative chamber(s)

Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

First chamber selection

Section 2

Subsidiary unit government, Term length for first chamber

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Eligibility for first chamber, Minimum age for first chamber

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Census

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

Replacement of legislators

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Head of state removal, Leader of first chamber

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

Eligibility for second chamber, Minimum age for second chamber

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Deputy executive, Leader of second chamber

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

Head of state removal

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Head of state removal

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section 5

Attendance by legislators, Quorum for legislative sessions

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Removal of individual legislators

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Publication of deliberations, Secrecy of legislative votes

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6

Immunity of legislators, Compensation of legislators

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Outside professions of legislators, Eligibility for cabinet

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7

Tax bills, Finance bills, First chamber reserved policy areas

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Division of labor between chambers, Veto override procedure, Finance bills, Approval or veto of general legislation, Tax bills

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Rights of debtors, Requirements for naturalization

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

Provisions for intellectual property, Reference to art, Reference to science

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

Customary international law

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Power to declare/approve war

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;-And

Initiation of general legislation

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Protection from unjustified restraint

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Protection from ex post facto laws

No Bill of Attainder or ex post facto Law shall be passed.

Census

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

International law

Section 10

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Federal review of subnational legislation, Subsidiary unit government

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II

Deputy executive

Section 1

Head of state term length, Head of state selection, Name/structure of executive(s)

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Head of state selection

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

Head of state selection

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.

Head of state selection

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Eligibility for head of state, Minimum age of head of state

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Head of state replacement, Head of state removal

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Oaths to abide by constitution

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section 2

Designation of commander in chief, Power to pardon

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Cabinet selection, Foreign affairs representative, Head of state powers, Supreme court selection, Establishment of cabinet/ministers, Treaty ratification, International law

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Foreign affairs representative, Extraordinary legislative sessions, Joint meetings of legislative chambers, Head of state powers, Legislative oversight of the executive

Section 3

He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Head of state removal

Section 4

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III

Protection of judges' salaries, Structure of the courts, Supreme court term length

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

International law

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Right to appeal judicial decisions

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Jury trials required

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV

Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Accession of territory

Section 3

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Type of government envisioned, Subsidiary unit government

Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Unamendable provisions, Constitution amendment procedure

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

National vs subnational laws, Duty to obey the constitution, International law

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

Separation of church and state, Oaths to abide by constitution

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

1. DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In WITNESS whereof We have hereunto subscribed our Names,

George Washington, President

and deputy from Virginia

New Hampshire: John Langdon, Nicholas Gilman.

Massachusetts: Nathaniel Gorham, Rufus King.

Connecticut: Wm. Saml. Johnson, Roger Sherman.

New York: Alexander Hamilton.

New Jersey: Wil: Livingston, David Brearley, Wm. Paterson, Jona. Dayton.

Pennsylvania: B. Franklin, Robt. Morris, Tho: Fitzsimons, James Wilson, Thomas Mifflin, Geo. Clymer, Jared Ingersoll, Gouv: Morris.

Delaware: Geo: Read, John Dickinson, Jaco: Broom, Gunning Bedford, Jun'r, Richard Bassett.

Maryland: James M'Henry, Danl Carroll, Dan: of St. Thos. Jenifer.

Virginia: John Blair, James Madison, Jr.

North Carolina: Wm. Blount, Hu. Williamson, Rich’d Dobbs Spaight.

South Carolina: J. Rutledge, Charles Pinckney, Charles Cotesworth Pinckney, Pierce Butler.

Georgia: William Few, Abr. Baldwin

Attest, William Jackson, Secretary.

Amendments.

The Bill of Rights

Preamble

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Freedom of expression, Freedom of press, Separation of church and state, Freedom of religion, Freedom of assembly, Right of petition

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Right to bear arms

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Regulation of evidence collection, Right to privacy, Inalienable rights

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Principle of no punishment without law, Protection from self-incrimination, Guarantee of due process, Protection from expropriation, Prohibition of double jeopardy, Right to own property, Jury trials required

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Protection from unjustified restraint, Right to speedy trial, Right to public trial, Jury trials required, Right to fair trial, Right to counsel, Right to examine evidence/witnesses

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Prohibition of cruel treatment, Right to pre-trial release

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Subsidiary unit government

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Additional Amendments

Amendment XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Deputy executive, Head of state selection

Amendment XII

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President-The person having the greatest number of votes as VicePresident, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Prohibition of slavery

Amendment XIII

Section 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2

Congress shall have power to enforce this article by appropriate legislation.

Amendment XIV

Guarantee of due process, Requirements for birthright citizenship, General guarantee of equality, Requirements for naturalization, Right to own property, Right to life

Section 1

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

Restrictions on voting

Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Eligibility for first chamber, Eligibility for supreme court judges, Eligibility for second chamber

Section 3

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Claim of universal suffrage, Restrictions on voting

Amendment XV

Equality regardless of skin color, Equality regardless of race

Section 1

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

Amendment XVI

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

Amendment XVII

Second chamber selection, Subsidiary unit government, Term length of second chamber

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Replacement of legislators

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII

Section 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Restrictions on voting, Equality regardless of gender, Claim of universal suffrage

Amendment XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

Amendment XX

Section 1

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Amendment XXI

Section 1

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Head of state term limits

Amendment XXII

Section 1

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Amendment XXIII

Head of state selection

Section 1

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

Restrictions on voting

Amendment XXIV

Section 1

The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

Head of state replacement

Amendment XXV

Section 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Head of state removal

Section 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Restrictions on voting

Amendment XXVI

Section 1

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXVII

No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.

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United States of America 1789 (rev. 1992) Constitution - Constitute

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United States of America’s Constitution of 1789 with Amendments through 1992

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Padlet Slide #8 Original Source of Law: Judicial

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Padlet Slide #8 Original Source of Law: Judicial

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Source of Law: Judicial Law

Citation: Grove City v. Bell. 465 U.S. 555 (1984).

Link: https://www.uscourts.gov/educational-resources/educational-activities/grove-city-college-v-bell-facts-and-case-summary

Grove City College (GCC), a private school, did not comply with Title IX regulations claiming they did not receive federal funds, and therefore was cited for noncompliance.

Several students at GCC were there on federally funded grants, which was the basis for the noncompliance.

After much back and forth in the court systems, the ruling was that only programs where students received federally funded grants were involved in had to comply with Title IX rules. However, that was later rescinded and the decision was made that even if there was some federal funding in some programs, the entire institution had to comply with Title IX across the board.

Shortly after this ruing, The Civil Rights Restoration Act was passed confirming that if any federal funding was taken, compliance with Title IX was expected.

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Facts

Grove City College is a private, church-affiliated, co-educational institution of higher education in Grove City, a small town in northwestern Pennsylvania. Since its founding in the 19th Century, the college had refused to accept directly any forms of government assistance on grounds that compliance with the rules that accompany such assistance would compromise its independence and ability to deliver high-quality education at low cost.

In July 1976, the Executive Branch department, now known as the Department of Education, required the college to file an assurance of compliance stating that it was following the Title IX regulations prohibiting discriminating on the basis of gender. The directive was based, in part, on the fact that 140 of the college's approximately 2,200 students received direct grants through the federal government's Basic Educational Opportunity Grant (BEOG) program.

The college refused to comply with this request on grounds that it did not receive federal financial assistance. As a result, the department initiated formal proceedings to terminate the students' BEOGs. After a hearing, an administrative law judge decided that because the college received federal assistance, it was required under Title IX to file an assurance of compliance report. The college's refusal was sufficient grounds for the department to prohibit its grants to the students.

Procedural History

In November 1978, the college and a few student grant recipients, brought a lawsuit in the United States District Court for the Western District of Pennsylvania. The suit asked the court to do two things: 1) overturn the Department's termination of the student grants; and 2) order the department not to require an assurance of compliance.

In June 1980, the district court ruled in favor of the college. It said that the department could not terminate the students' BEOGs, even though the grants constituted Title IX "federal financial assistance." The court gave the following reasons: (a) the regulations requiring the college to file an assurance of compliance were invalid; (b) there was no finding that the college discriminated on the basis of gender; and (c) the students who received the grants did not have the opportunity to participate in an administrative hearing on the matter.

Both the department and the college appealed to the United States Court of Appeals for the Third Circuit, which partially reversed the district court's decision. The appellate court agreed with the district court that the college was a beneficiary of the federal grants received by its students. In light of that, it was covered by Title IX.

Unlike the district court, it said the department did have the authority to enforce the Title IX requirements in this case. The appellate court upheld the Department's regulations requiring an assurance of compliance. It said the students' federal financial assistance could be terminated based on the college's failure to file, even if there was no finding of actual discrimination.

The appellate court also decided that the students were not entitled to a hearing on the termination of their grants because the funds could be used at other educational institutions. The college petitioned the Supreme Court of the United States to hear the case, the Court agreed, and oral arguments were heard on November 29, 1983.

Issues

Was Grove City College subject to the requirements of Title IX because its students received federal grants for educational purposes?

If Grove City was required to follow the Title IX requirements, could the students be prohibited from using their federal grants because the college refused to comply with the Department of Education's regulations?

Would applying the requirements of Title IX violate the rights of the college and/or its students to free association under the First Amendment?

Holding

On February 28, 1984, the Supreme Court issued its decision in Grove City College v. Bell.

A 6-3 majority of the Court held that when students receive federally funded grants, Title IX requirements only apply to the specific program or activity that was benefitted by the grants. In such instances, Title IX requirements do not apply across the entire institution.

The Majority Opinion

Justice White wrote the majority opinion affirming the decision of the Third Circuit Court of Appeals. He was joined by Chief Justice Burger and Justices Blackmun, O'Connor, Powell, and Rehnquist. The majority held that Title IX applied in this case because students used BEOGs to pay for their education at the college. However, the Court decided that an assurance of compliance could only be required of the student financial aid program because the grants benefitted only that program.

The majority made the following key points:

The majority had "little trouble" deciding that Title IX compliance is required across the institution even though "federal funds are granted to Grove City's students rather than directly to one of the college's educational programs." The Court based its decision on "clear statutory language," "powerful evidence" of Congressional intent, and a "longstanding and coherent" agency interpretation of the statute.

The Court found that there was "no evidence" that the students' financial assistance was diverted to other areas of the institution. At the same time, it also acknowledged that, since most financial assistance has "economic ripple effects" throughout an institution, it would be "difficult, if not impossible" to determine which other programs or activities benefit directly from the federal aid.

The department has the authority to demand an assurance of compliance regarding the program receiving federal financial assistance, i.e., the financial aid program. The college's failure to do so warrants termination of the BEOGs that would be used at the college. Students receiving grants may either take them elsewhere or attend the college without using them there.

The Concurring and Dissenting Opinions

Justice Powell, joined by Chief Justice Burger and Justice O'Connor, concurred in the majority opinion. They wrote separately to express their view that this case was an "example of overzealousness on the part of the Federal Government." The college did not, in fact, discriminate against anyone, and the department eventually conceded that Title IX applied only to the college's financial aid office.,

Justice Stevens partly concurred in the majority opinion and concurred in the result that Title IX requirements applied to the college. Justices Brennan, joined by Justice Marshall. He concurred in part and dissented in part from the majority opinion. They also agreed with the majority and the concurring justices that Title IX applied to the college.

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.

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Grove City College v. Bell - Facts and Case Summary

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Facts Grove City College is a private, church-affiliated, co-educational institution of higher education in Grove City, a small town in northwestern Pennsylvania. Since its founding in the 19th Century, the college had refused to accept directly any forms of government assistance on grounds that compliance with the rules that accompany such assistance would compromise its independence and ability to deliver high-quality education at low cost.

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Padlet Slide #9 Original Source of Law: Statutory

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Padlet Slide #9 Original Source of Law: Statutory

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Source of Law: Statutory Law

Citation: Tex. Educ. Code § 1.002

Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm#1.002

Educational institutions are required to provide equal access to opportunities within their districts

Educational institutions cannot deny access to students that are eligible for special education services.

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EDUCATION CODE



TITLE 1. GENERAL PROVISIONS



CHAPTER 1. GENERAL PROVISIONS



Sec. 1.001. APPLICABILITY. (a) This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code.


(b) Except as provided by Chapter 18, Chapter 19, Subchapter A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this code does not apply to students, facilities, or programs under the jurisdiction of the Department of Aging and Disability Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Juvenile Justice Department, the Texas Department of Criminal Justice, a Job Corps program operated by or under contract with the United States Department of Labor, or any juvenile probation agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 2, eff. June 17, 2005.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 1, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 19, eff. September 1, 2015.


Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a) 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.


(b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by Section 29.003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On all regular school days, every school and other educational institution to which this code applies shall fly the United States and Texas flags.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary or secondary school or an institution of higher education as defined by Section 61.003 may display the United States national motto, "In God We Trust," in each classroom, auditorium, and cafeteria.


Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20, 2003.


Sec. 1.005. EDUCATION RESEARCH CENTERS. (a) In this section:


(1) "Center" means a center for education research authorized by this section.


(1-a) "Cooperating agencies" means the Texas Education Agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission.


(2) "Coordinating board" means the Texas Higher Education Coordinating Board.


(b) The coordinating board shall establish not more than three centers for education research to conduct studies or evaluations using the data described by this section.


(c) A center must be established as part of a public junior college, public senior college or university, or public state college, as those terms are defined by Section 61.003, or a consortium of those institutions. The coordinating board shall solicit requests for proposals from appropriate institutions to establish centers under this section and shall select one or more institutions to establish each center based on criteria adopted by the coordinating board.


(d) A center must be operated under an agreement between the coordinating board and the governing board of each institution described by Subsection (c) operating or participating in the operation of the center. The agreement must provide for the operation of the center, so long as the center meets contractual and legal requirements for operation, for a 10-year period.


(e) A center shall conduct education and workforce preparation studies or evaluations for the benefit of this state, including studies or evaluations relating to:


(1) the impact of local, regional, state, and federal policies and programs, including an education program, intervention, or service at any level of education from preschool through postsecondary education;


(2) the performance of educator preparation programs;


(3) public school finance; and


(4) the best practices of school districts with regard to classroom instruction, bilingual education programs, special language programs, and business practices.


(f) Any cooperating agency may request a center to conduct certain studies or evaluations considered of particular importance to the state, as determined by the cooperating agency, if the cooperating agency provides to the center sufficient funds to finance the study or evaluation.


(g) A center shall comply with rules adopted by the advisory board established under Section 1.006 to protect the confidentiality of information used or stored at the center in accordance with applicable state and federal law, including rules establishing procedures to ensure that confidential information is not duplicated or removed from a center in an unauthorized manner.


(g-1) In conducting studies or evaluations under this section, a center:


(1) may use student and educator data, including data that is confidential if permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), that the center has collected from a cooperating agency or any other agency, a public or private institution of higher education, a school district, a provider of services to a school district or public or private institution of higher education, or an entity explicitly named in an approved research project of the center;


(2) shall comply with state and federal law governing the confidentiality of student information and shall provide for the review of all study and evaluation results to ensure compliance with those laws and any rules adopted or regulatory guidance issued under those laws;


(3) may provide researchers access to shared data only through secure methods and require each researcher to execute an agreement regarding compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) and rules adopted under that Act; and


(4) shall conduct regular security audits and report the audit results to the coordinating board and the advisory board established under Section 1.006.


(h) The cooperating agencies and the educational institution or institutions operating a center may accept gifts and grants to be used for the purposes of this section. The educational institution or institutions operating a center may impose reasonable charges, as appropriate, for the use of a center's research, resources, or facilities.


(i) This section does not authorize the disclosure of student information that may not be disclosed under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(j) The cooperating agencies shall execute agreements for the sharing of data for the purpose of facilitating the studies or evaluations at education research centers described by this section. In accordance with the agreements, each cooperating agency shall make available all appropriate data, including to the extent possible data collected by the cooperating agency for the preceding 20 years. A cooperating agency shall periodically update the data as additional data is collected, but not less than once each year.


(j-1) In accordance with an agreement under Subsection (j), the coordinating board shall maintain the data contributed by the cooperating agencies in a repository to be known as the P-20/Workforce Data Repository. The repository shall be operated by the coordinating board. As provided by the agreement, the coordinating board shall include other data in the repository, including data from college admission tests and the National Student Clearinghouse. The coordinating board shall conduct data matching using a protocol approved by the cooperating agencies.


(j-2) The coordinating board may enter into data agreements for data required for approved studies or evaluations with the state education agency of another state, giving priority to the agencies of those states that send the highest number of postsecondary education students to this state or that receive the highest number of postsecondary education students from this state. An agreement under this subsection must be reviewed by the United States Department of Education and must require the agency of another state to comply with all data security measures required of a center. The coordinating board may also enter into data agreements with local agencies or organizations that provide education services to students in this state or that collect data that is relevant to current or former students of public schools in this state and is useful to the conduct of research that may benefit education in this state.


(k) In implementing this section, a cooperating agency may use funds appropriated to the cooperating agency and available for the purpose of establishing the centers. After a center is established, the center must be funded by gifts and grants accepted under this section or charges imposed under Subsection (h).


(l) Notwithstanding another provision of this section, a cooperating agency must establish procedures that protect confidential information provided to a center by a cooperating agency.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 2.01, eff. May 31, 2006.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 465 (H.B. 2103), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 465 (H.B. 2103), Sec. 2, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 465 (H.B. 2103), Sec. 3, eff. June 14, 2013.


Sec. 1.006. EDUCATION RESEARCH CENTER ADVISORY BOARD. (a) The commissioner of higher education shall create, chair, and maintain an advisory board for the purpose of reviewing study or evaluation proposals and ensuring appropriate data use under Section 1.005, including compliance with applicable state and federal laws governing use of and access to the data.


(b) The advisory board is considered to be a governmental body for purposes of Chapters 551 and 552, Government Code.


(c) The membership of the advisory board must include:


(1) a representative of the Texas Higher Education Coordinating Board, designated by the commissioner of higher education;


(2) a representative of the Texas Education Agency, designated by the commissioner of education;


(3) a representative of the Texas Workforce Commission, designated by the commission;


(4) the director of each education research center or the director's designee; and


(5) a representative of preschool, elementary, or secondary education.


(d) Each study or evaluation conducted at a center under Section 1.005 must be approved in advance by majority vote of the advisory board. A center may submit to the advisory board a proposal developed by any qualified researcher, including a researcher from another educational institution, a graduate student, a P-16 Council representative, or another researcher proposing research to benefit education in this state. In determining whether to approve a proposed study or evaluation, the advisory board must:


(1) consider the potential of the proposed research to benefit education in this state;


(2) require each center director or designee to review and approve the proposed research design and methods to be used in the proposed study or evaluation; and


(3) consider the extent to which the data required to complete the proposed study or evaluation is not readily available from other data sources.


(e) The advisory board shall meet at least quarterly. To the extent and in the manner authorized by Chapter 551, Government Code, any meeting of the advisory board may be conducted by electronic means, including a meeting by telephone conference call, by video conference call, through the Internet, or by any combination of those means.


(f) The advisory board may create committees and subcommittees that the advisory board determines are convenient or necessary.


Added by Acts 2013, 83rd Leg., R.S., Ch. 465 (H.B. 2103), Sec. 4, eff. June 14, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 306 (S.B. 685), Sec. 1, eff. September 1, 2015.

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EDUCATION CODE CHAPTER 1. GENERAL PROVISIONS

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EDUCATION CODE TITLE 1. GENERAL PROVISIONS CHAPTER 1. GENERAL PROVISIONS Sec. 1.001. APPLICABILITY. (a) This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code.

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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Decatur ISD links the Title IX Website Page with Information about Title IX under the Student Services page. https://www.decaturisd.us/Page/15035

The Title IX administrator in Decatur ISD is required to attend a Title IX Administrator conference boot camp with Eichelbaum Wardell Hansen Powell & Muñoz P.C. The information to the boot camp conference can be found at http://www.edlaw.com/materials/title-ix-coordinator-boot-camp.aspx

Decatur ISD’s Student Handbook (linked below) includes rules against discrimination, harassment, and retaliation at all grade levels, and goes into depth on what each of those things are defined as and gives examples of them.

The handbook outlines the importance of an environment free from these elements being more conducive to student learning and success, and explains that the expectations of students are expected to avoid these behaviors.

It also goes into detail within the discipline sections that elements of harassment, retaliation, and discrimination are grounds for disciplinary action.

As Title IX laws require, Decatur ISD also offers an equal number of both mens and women's sports teams.

Decatur ISD Student Handbook: https://www.decaturisd.us//cms/lib3/TX01000649/Centricity/Domain/1024/DISD%20Student%20Handbook.pdf

Reference
Decatur ISD. (2021). Student handbook. https://www.decaturisd.us//cms/lib3/TX01000649/Centricity/Domain/1024/DISD%20Student%20Handbook.pdf

Decatur ISD. (2021). Nondiscrimination statement. https://www.decaturisd.us/Page/15035

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Nondiscrimination Statement

In its efforts to promote nondiscrimination and as required by law, Decatur ISD does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs, and provides equal access to the Boy Scouts and other designated youth groups.

In accordance with Title IX, the district does not and is required not to discriminate on the basis of sex in its educational programs or activities. The requirement not to discriminate extends to admission and employment.

Inquiries about the application of Title IX may be referred to the district's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both. Other federal laws that prohibit discrimination include Title VI, Section 504, the Age Discrimination Act, the Boy Scouts Act, and Title II.

The district has designated and authorized the following employee as the Title IX Coordinator to address concerns or inquires regarding discrimination on the basis of sex, including sexual harassment, sexual assault, dating violence, domestic violence, stalking, or gender-based harassment.

Meradith Culpepper, Assistant Superintendent of Human Resources and Federal Programs
307 S. Cates Street
Decatur, TX 76234

meradith.culpepper@decaturisd.us
(940) 393-7106

Reports can be made at any time and by any person, including during non-business hours, by mail, phone, or email. During district business hours, reports may also be made in person. Upon the district receiving notice or an allegation of sex-based harassment, the Title IX Coordinator will promptly respond in accordance with the process described at DIA(LOCAL).
Decatur ISD's Title IX administrators have attended Eichelbaum Wardell Hansen Powell & Muñoz P.C.'s "Title IX Administrator Conference." Materials from this conference in compliance with Section 106.45(b)(10)(i)(D) of the regulations can be found here: http://www.edlaw.com/materials/title-ix-coordinator-boot-camp.aspx

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Nondiscrimination Statement In its efforts to promote nondiscrimination and as required by law, Decatur ISD does not discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or any other basis prohibited by law, in providing education services, activities, and programs, including CTE programs, and provides equal access to the Boy Scouts and other designated youth groups.

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According to ASCA standard A.11.a (2016), School Counselors must report any incidents of bullying or harassment to administrators because it is a direct violation of Title IX rules.

School Counselors must also provide services to the victim and the accused, as needed. This may include plans for safety, schedule changes, etc.They must not provide disciplinary actions, as that is the role of the campu administrator.

Reference
American School Counselor Association (2016). ASCA Ethical standards for school counselors. American School Counselor Association. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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Slide #12 Personal Connection to the Legal and Ethical Standards

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Slide #12 Personal Connection to the Legal and Ethical Standards

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Personal Connection:

Through the research that I completed over Title IX and educational equity, I have learned how this law connects to my educational journey and to those of my peers.

I now understand that without the creation and implementation of Title IX rules and regulations, I may not have had any of the athletic opportunities that I had throughout my K-12 education, and many of my colleagues and friends would not have been able to even attend higher education without opportunities that Title IX created for them, like the increasing equity in sports and in the scholarships offered through that avenue.

I also understand that this law has made a difference in education for many different student populations and while it is not perfect, it is improving with disciplinary action taken against anyone who discriminates or harasses another based on the premise of gender, sex orientation, and potentially, depending on new legislation, gender identity.

Without Title IX regulations, and many other laws like it, my education may have looked vastly different. I may not have even been in college, much less in college classrooms where the primary gender present was female.

I also may not have been in a situation to pursue whatever degree and eventually career that I wanted with regulations such as these. I have completed a dual bachelor’s degree, a first master’s degree, and now I am about to finish my second master’s degree. I firmly believe that none of this would have been possible without the progress that Title IX legislation has made in its first 50 years in operation.

And, because of my research on this and my understanding of Title IX, I now better understand what my role in this process looks like as a school counselor and as a member of a campus administrative team in the future. I have a better understanding of what my role is in helping students who experience harassment, whether they are the victim or the accused.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Students have the right to an educational environment free of discrimination and harassment based on their gender, sex orientation, and gender identity.

Students need to respect others for their beliefs, gender, culture, etc. and contribute to a positive campus culture where individuals accept one another and their differences.

Schools have the right to assign disciplinary action to anyone in violation of the discrimination and harassment rules, whether student or faculty, and they very much should act on that in order to safeguard an individual’s rights on their campus.

Schools need to be fair and offer equal opportunities to all students to participate in sports. They cannot operate under the assumption that boys want sports more than girls or vice versa.

It is the duty of school employees, counselors, teachers, all employees to protect students, so that means they are required to report any signs or outcries of bullying, discrimination, or harassment as soon as they are made aware of it.

It is also the expectation to maintain student confidentiality throughout the process. Whether the student is the accuser of such action or the victim, their privacy should be upheld as much as possible in the situation.