Legal Guide: Education Equality EDG 6305/C Alano by Carrie Alano https://padlet.com/calano1/7chx908nnubcce9g Legal Guide: Equality in Educational Programs and Title IX en-us 2022-07-04 19:46:17 UTC 2022-07-18 22:00:07 UTC hello@padlet.com Slide #2 Interview calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672098 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).

]]> 2022-07-04 19:50:06 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672098 Slide #1 Professional Perspective/Audience/Topic calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672219 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/

]]> 2022-07-04 19:50:28 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672219 Slide #3 Professional Association calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672268 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/

]]> 2022-07-04 19:50:37 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672268 Slide #4 Current News Article No. 1 calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672289
  • 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
    ]]>     2022-07-04 19:50:42 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672289     Slide #5 Current News Article No. 2 calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672307
  • 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


    ]]>     2022-07-04 19:50:47 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672307     Slide #6 Original Source of Law: Administrative calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672845 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. 
    ]]>     2022-07-04 19:52:55 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672845     Slide #7 Original Source of Law: Constitutional calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672968 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.
    ]]>     2022-07-04 19:53:19 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236672968     Padlet Slide #8 Original Source of Law: Judicial calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673082 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. 
    ]]>     2022-07-04 19:53:44 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673082     Padlet Slide #9 Original Source of Law: Statutory calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673158 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.
    ]]>     2022-07-04 19:54:02 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673158     Slide #10 Local Administrative Law/Policy/Rule calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673270
  • 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



    ]]>     2022-07-04 19:54:26 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673270     #11 Ethical Principle calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673321
  • 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

    ]]>     2022-07-04 19:54:38 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673321     Slide #12 Personal Connection to the Legal and Ethical Standards calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673375 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.

    ]]>     2022-07-04 19:54:51 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673375     Slide #13 Bulleted list of Recommendations / Best Practices for Compliance calano1 https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673447
  • 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. 

    • ]]>     2022-07-04 19:55:07 UTC https://padlet.com/calano1/7chx908nnubcce9g/wish/2236673447