Title IX Takes a Hit

The Education Department has just made it easier for schools to meet Title IX regulations.
Currently, schools that receive federal financing must demonstrate their compliance with Title IX by either: (1) showing that the proportion of female athletes is comparable to the number of women in the student body; (2) proving that their sports programs for women is growing; or (3) demonstrating that their women’s sports program “fully and effectively” meets the interests of female students.
Well, now, the NY Times explains that: “Under the new clarification, colleges can demonstrate that they are satisfying the demand for women’s sports by taking an online survey showing that female students have no unmet sports interests. The Education Department says they may use e-mail to notify students of the survey…But, the department said, even if the nonresponse rate is high, nonresponse will be interpreted as a lack of interest.”
While the Education Department claims that the change does not weaken the law’s requirements, they are facing *a lot* of disagreement.
Marcia Greenberger, co-president of the National Women’s Law Center, explains that: “The new guidance changes the whole landscape. It’s like you have three ways to comply, and first is to really comply by giving equal opportunities, and the second way is to keep trying, and the third way is to call your mother every week and tell her you love women’s sports. They’ve made the third test so easy to comply with and so undemanding, and then set up the presumption that if you do the window-dressing efforts they call for, the government will presume you are in compliance and not investigate.“ (sigh).
For more analysis from NWLC, click here. And check out Ms. Musing’s What’s Up With Title IX?