Title IX Compliance in Secondary Physical

Education Programs

A) reviewed Title IX in respect to physical education

B) searched each state and District of Columbia) State Department of Education web site for physical education, physical education site, any mention of co-educational physical education (single-sex), and the Title IX reference site

C) created the compliance check list

To get ready……

No person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX of the Education Amendments of 1972

P.L. 92-318,20 U.S. C. S. section 1681 et seq.

What does Title IX say……..

Access to higher education (admission/FA) Career and technical education (equal) Pregnancy and parenting (Linda) Employment (hiring/promotion/salaries) Learning environment

(accessible/supportive) Math and Science (opportunity) Sexual harassment (grievances) Standardized testing (gender biased) Technology (equal access)

Protections under Title IX

Title IX applies to all programs and activities

of the school and includes, for example, conduct that takes place on school buses, during extracurricular activities, students participating in school athletic programs.

In and out of school

Physical education largely and quickly became co-educational

But not without some transition……. teacher reluctance teaching opposite sex curriculum and rules of games different teaching styles and tolerance differed

And as you know

106.34 Access to classes and schoolsa) General Standard: Except as provided for

in this section or otherwise in this part, a recipient shall not provide or otherwise carry out any of its education programs or activities separately on the basis of sex or require or refuse participation therein by any of it students on the basis of sex

2007– Dear Colleague letter addressed single-sex classes

(1) Contact sports in physical education classes. This section does not prohibit separation by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball and other sports the purpose of major activity of which involves bodily contact.

2007 continues

(2) Ability grouping in physical education classes: This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

And…..

Title IX specifically addressed….. All forms of sex-based harassment e.g., bullying, hazing, and cyber-bullying

including sexual harassment, harassment based on a student’s failure to conform to gender stereotypes and sexual assault

Even more recent…2011 Dear Colleague Letter (and larger than physical education)

that it doesn’t matter…….

whether the harasser intends to harm or not, the harasser and target do not need to be of

different sexes Severe harassment does not necessarily

require repeated incidences

National Women’s Law Center June 2012

AND

Elementary Schools- Girls/Boys shouldn’t wear or do…….

48% teachers heard students…… 33% students heard other students “girls

should wear or do”……. 38% students heard other students “boys

shouldn't wear or do”

National Women’s Law Center 2012

Happen in schools often?

81% students reported sexual harassment 87% reported the harassment had a negative

effect on them Girls were more likely that boys to experience 56% LBGT were more likely to be called

names, bullied, made fun of at school

AAUW Educ. Found. Hostile Hallways: Bullying, Teasing and Sexual Harassment in Schools

Secondary Schools

Harassing of ….. female student for taking competitive sports

class and being good, playing well a competitive ‘male’ sport, having an androgynous body, having short hair, not wearing make-up or dresses.

male student who takes dance, is a cheerleader, exhibits effeminate mannerisms, or doesn’t play a perceived ‘macho’ sport or any sport, is low-skilled in games.

Examples in Physical Education Classes

12 States call Physical Education-physical education

9 = Health and Physical Education 2= Physical Education and Health 11=State Campaigns e.g., Healthy Schools,

Comprehensive School Physical Activity Program, Health/Nutrition/Afterschool/ Healthy Kansas, Healthy ConneCTions

17 plus 1= something else….Physical Activity, Wellness, Health Education, School Health

My search results: Name

Only state to put physical education on their state web site…..

Kudo’s to New York

Iowa for showing children in physical education classes on their physical education homepage web site

Missouri for listing new and updates, national months/ weeks/awards on their Health and Physical Education homepage

Kudos to …….

North Carolina and California

for stating that all physical education must be co-educational and inclusive in their definition of physical education

Kudo’s to ………..

All but 2 states use the NASPE Content Standards for Physical Education

2 states didn’t have their PE standards on the PE web site- one referred me to their state AAHPERD organization

One state does not have state standards for time or graduation requirements for physical education leaving it to the individual school districts

Standards

Arizona = Booklet on Sexual discrimination and sexual harassment in state owned schools

California = included within CAIS report Connecticut = Publications by the National

Women’s Law Center Michigan = Stated in compliance in all aspects

of Title IX North Carolina = included PE under Title IX

search Tennessee=Special Report 2012 on Title IX

Implementation….physical education on list

Title IX and Physical EducationKudos to……………

2 states when Title IX googled revealed nothing

1 state had a compliance check list but not PE related

28 states had less than 2 Title IX references on page 1of site…included Title I, II

Only one state included Title IX in their A-Z listing

TITLE IX and Physical Education

By definition any Best Practices Checklist should include a concern for equity and the requirements of Title IX.

11 Categories …… Awards, Co-education, Curriculum, Demonstrations,

Facilities/Equipment, Feedback, Harassment/Bullying, Language, Student engagement, Teacher practices, and Wall décor/ Mascots. 44 Indicators of equitable practices

Best Practices Checklist

Hill, Catherine and Holly Kearly. AAUW. Crossing the line: Sexual harassment at school (2011)

www.aauw.org/learn/research/upload/CrossingTheLine.org

Hostile Hallways:www.aauw.org/learn/research/upload/hostile- hallways.pdf

National Women’s Law Center, June 2012

Office for Civil Rights, Department of Education

Resources