Equity in School Athletics – Changes to Title IX

Title IX states that “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance,” but there is still an uphill battle waging for equality for women’s athletics in the education system.
On March 18, 2005 the Department of Education released a policy guidance called “Additional Clarification of Intercollegiate Athletics Policy: Three-Part Test – Part Three.” This policy provides new guidelines for establishing equal representation in athletic programs, changing the way equality in these programs is analyzed. Instead of collecting accurate measurements of participation by considering factors such as “the opinions of coaches and administrators, or participation rates in sports in surrounding high schools or recreational leagues,” the policy provides an opportunity for institutions to prove they are in compliance with Title IX through an e-mail based survey of students of the underrepresented sex. The third part of this test is a survey asking these students of educational institutions who do not have equal representation in athletic programs, if their interests and abilities have been “fully and effectively accommodated by the present program.”
The problem with a survey is that many people are not likely to take the survey unless they are forced to. The third part of this new policy guidance provides a loophole for educational facilities to focus money for athletics on the programs of their choice and still be in compliance with Title IX. By sending out an electronic survey to the underrepresented sex regarding equality in sports, the schools will not receive an accurate account of the interest of their students. It is not fair to say that the interests and abilities of the underrepresented sex have been met if you can not establish a credible measurement of interests and ability. A survey cannot provide an accurate measurement of ability.