Federal

After Long Title IX Review, Agency Makes No Changes

By Michelle R. Davis — August 06, 2003 2 min read
  • Save to favorites
  • Print

The Department of Education, after mulling the handiwork of a commission that studied Title IX, has renewed its support of the 31-year-old law that bars gender discrimination on the playing fields of schools and colleges receiving federal funds.

A copy of the department’s clarification of its Title IX guidance is available from the U.S. Department of Education’s Office for Civil Rights.

On July 11, the department issued a three-page clarification of Title IX of the Education Amendments of 1972. Signed by Gerald A. Reynolds, the assistant secretary for civil rights, the clarification upheld existing laws and regulations, but urged schools and colleges to use all options available to prove their compliance.

The clarification followed a February report by the 15-member, federally appointed Commission on Opportunity in Athletics that examined sports programs and the law, which also covers academics and other programs. The commission made 23 recommendations to Secretary of Education Rod Paige, but in a controversial move, two panel members submitted their own report. (“Title IX Review Concludes With Competing Reports,” March 5, 2003.)

Three Equal Prongs

Those members, soccer star Julie Foudy and Olympic swimming gold medalist Donna de Varona, called the main report flawed and sided with women’s groups that said female students remain victims of discrimination.

Other groups, including those representing so-called “minor” mens sports, such as wrestling, gymnastics, and swimming, have said enforcement has forced colleges to cut their programs.

The July 11 clarification continued to endorse the department’s “three-pronged test,” which provides three ways for schools and colleges to prove they’re in compliance. However, the Reynolds document acknowledged that many colleges continue to use only the measure known as proportionality—demonstrating that the percentage of women participating in varsity sports is comparable to their slice of their institution’s overall enrollment.

The document emphasized that “each of the three prongs of the test is an equally sufficient means of complying ...”

Schools and colleges may also demonstrate compliance by showing a history of expanded opportunities for the underrepresented sex, or by showing that the needs of the underrepresented gender are accommodated by existing programs.

The Bush administration had been accused by several women’s advocacy groups of trying to dismantle Title IX through the commission-study process, but those groups praised the clarification.

“This is a huge victory for women and girls everywhere,” Marcia D. Greenberger, a co-president of the National Women’s Law Center, based in Washington, said in a statement.

But some groups that have championed men’s sports, including the National Wrestling Coaches Association, vowed to continue fighting against what they consider unfairness in the application of Title IX. Last month, a federal judge ruled against the coaches association in its lawsuit alleging that Title IX discriminates against men.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
Reading & Literacy Webinar Supporting Older Struggling Readers: Tips From Research and Practice
Reading problems are widespread among adolescent learners. Find out how to help students with gaps in foundational reading skills.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal The Ed. Dept.'s Research Clout Is Waning. Could a Bipartisan Bill Reinvigorate It?
Advanced education research has bipartisan support even as the federal role in it is on the wane.
5 min read
Learning helps to achieve goals and success, motivation or ambition to learn new skills, business education concept, smart businessman climbing on a stack of books to see the future.
Fahmi Ruddin Hidayat/iStock/Getty
Federal Obituary Rod Paige, Nation's First African American Secretary of Education, Dies at 92
Under Paige’s leadership, the Department of Education rolled out the landmark No Child Left Behind law.
4 min read
Education Secretary Rod Paige talks to reporters during a hastily called news conference at the Department of Education in Washington Wednesday, April 9, 2003, regarding his comments favoring schools that appreciate "the values of the Christian community." Paige said he wasn't trying to impose his religious views on others and said "I don't think I have anything to apologize for. What I'm doing is clarifying my remarks."
Education Secretary Rod Paige speaks to reporters during a news conference at the U.S. Department of Education in Washington on April 9, 2003. Paige, who led the department during President George W. Bush's first term, died Tuesday, Dec. 9, 2025, at 92.
Gerald Herbert/AP
Federal Ed. Dept. Workers Targeted in Layoffs Are Returning to Tackle Civil Rights Backlog
The Trump administration is bringing back dozens of Education Department staffers who were slated to be laid off.
2 min read
The U.S. Department of Education building is pictured on Oct. 24, 2025, in Washington, D.C.
The U.S. Department of Education building is pictured on Oct. 24, 2025, in Washington.
Maansi Srivastava for Education Week
Federal From Our Research Center Trump Shifted CTE to the Labor Dept. What Has That Meant for Schools?
What educators think of shifting CTE to another federal agency could preview how they'll view a bigger shuffle.
3 min read
Collage style illustration showing a large hand pointing to the right, while a small male pulls up an arrow filled with money and pushes with both hands to reverse it toward the right side of the frame.
DigitalVision Vectors + Getty