Education Equity - Feminist Majority Foundation

Title IX of the 1972 Education Amendments

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. To honor one of its key Congressional sponsors, it was named the Patsy T. Mink Equal Opportunity in Education Act on October 9, 2002.

Title IX is most well-known for increasing women’s participation in sports. In 1971, only 294,015 girls participated in high school athletics. According to the National Federation of State High School Association in 2014, over 3.3 million girls participated in high school athletics, a 1022 percent increase from 1971. However, majority of high school and college athletes are still men.

Title IX is not just about sports. It prohibits gender-based discrimination at all levels of education, for both students and employees. In accordance with the 1987 Civil Rights Restoration Act, Title IX continues to apply to all education programs and activities that receive federal financial assistance. For example, it prohibits sex discrimination in facilities, access to courses, career guidance, student financial aid, health and insurance benefits, employment in educational institutions, and sexual harassment. In addition to schools and colleges, it covers scientific laboratories, prisons, museums, and a variety of other public and private institutions.

What is Title IX?

As part of the Education Amendments of 1972, Title IX prohibits discrimination in education on the basis of sex. Title IX covers all levels and areas of education, including athletics and vocational/technical education. Title IX has helped people of all genders benefit from more equitable treatment and attain more equitable outcomes. However, gender disparities based on traditional stereotypes and subtle but damaging discrimination persist.

“Gender Issues: Women’s Participation in the Sciences Has Increased, but Agencies Need to Do More to Ensure Compliance with Title IX ,” the July 2004 report from the US Government Accountability Office (GAO), describes how the US Department of Justice works with 21 federal agencies including NASA, the Department of Energy, and the National Science Foundation (NSF) to implement the Final Common Rule. The Final Common Rule provides guidelines for enforcement of Title IX and is modeled after the Department of Education (ED) Title IX regulations. Unfortunately, many recipients of federal financial assistance from these science agencies fail to implement or report on their Title IX compliance activities or to designate a Title IX coordinator.

Early history of Title IX – Dr. Bernice Sandler, “Godmother of Title IX” describes the creation of this civil rights law.

Title IX at 30 – This report card on gender equity is from the National Coalition for Women and Girls in Education.

Title IX at 35: Beyond the Headlines – The 2008 Executive Summary (PDF) and full report (PDF) from the National Coalition for Women and Girls in Education covers progress and challenges since the 2002 Title IX at 30 report.

Title IX at 40: Working to Ensure Gender Equity in Education–The 2012 Executive Summary (PDF) and full report (PDF) from the National Coalition for Women and Girls in Education.

Title IX at 45: Advancing Opportunity Through Equity in Education—The 2017 full report (PDF) is by the National Coalition for Women and Girls in Education

The Triumphs of Title IX (PDF) are featured in the fall 2007 issue of Ms. magazine.

Game Changer: Title IX 40 Years (PDF) in the spring/summer 2012 issue of Ms. magazine.

Title IX Questions and Answers (PDF)

Organizations and Handouts Related to Title IX (PDF) – This list includes links to organizations and information to help you take advantage of Title IX.

Handbook Chapter on the Role of Government in Advancing Gender Equity in Education: This chapter from Handbook for Achieving Gender Equity Through Education, 2nd Edition 2007 details the importance of the government in the full implementation of Title IX.

Athletics and Title IX Resources (PDF) – This list includes links to organizations and resources to prevent sex discrimination in athletics programs and activities.

Patsy T. Mink and Louise K. Slaughter Gender Equity Education Act of 2019. (S. 1964, H.R. 3513) Introduced by Senator Mazie Hirono (D-HI) and Representative Doris Matsui (D-CA)

Letter to Biden-Harris Department of Education Transition Team on Establishing Office for Gender Equity in U.S. Department of Education (January 8, 2021)

Federal and FMF Title IX Documents and Data

General Information on Title IX, its Regulations, and Coordinators

1972 Full Statute of Title IX and other Title IX information from the U.S. Department of Justice

1975 Regulations-Title IX Coordinator Section (PDF)

1980 Title IX Regulations from the Department of Justice (PDF)

2000 Final Common Rule (Title IX Regulations for various Federal Agencies)

2000 Regulations to implement the Civil Rights Restoration Act of 1987 (PDF)

2001 Title IX Legal Manual from the Department of Justice (PDF)

2001 Executive Order 13160 for Federally Conducted Education and Training Programs (PDF)

2001 Questions and Answers on Title IX Coordinators from the Title IX Legal Manual (PDF)

2004 Title IX Coordinator Compliance letter to SEAs and LEAs

2004 Title IX Coordinator Compliance Letter to Postsecondary Institutions

2006 ED Title IX Regulations (PDF)

2010 How to file a Title IX complaint

2010 Office for Civil Rights Complaint Processing Procedures

2014 OCR Case Processing Manual from the Department of Education (PDF)

Civil Rights Data Collection Survey Instruments and Results

2013 OCR Guidance on Prohibition of Retaliation for Civil Rights Compliance

2014 OCR & DOJ School Discipline Guidance w/ footnote on applicability of Title IX

2014 Memorandum of Understanding Between ED Office for Civil Rights and DOJ Civil Rights Division (PDF)

2014 Guidance on application of Federal civil rights laws to charter schools. (Note most information on Title IX is in footnotes 7 and 31.) (PDF)

2014 OCR Guidance on Equal Access to Educational Resources without Regard to Race, Color or National Origin (Dear Colleague letter) (PDF) and Fact Sheet. (PDFs)

2015 OCR Guidance on Title IX Coordinators (Dear Colleague letter) (PDF), (Title IX Coordinator Letter) (PDF) and (Title IX Resource Guide) (PDF)

2016 Title IX Coordinators on Campus from FMF and Feminist Campus (PDF)

List of Title IX Coordinators and Gender-Equity Experts in State Education Agencies (PDF)

Title IX Coordinators: Key to Fighting Sex Discrimination in Education, Feminist Majority Foundation Handout (Current PDF)

Reinvigorating the Role of the Title IX Coordinator: A Requirement and Resource (Executive Summary PDF and full report PDF from the Feminist Majority Foundation)

“Title IX Coordinator Roles and Responsibilities: A Guide to 2020 OCR Regulations”

Athletics

1979 Title IX & Intercollegiate Athletics

1996 Clarification of Intercollegiate Athletics Policy

2003 Report of Secretary’s Commission on Opportunity in Athletics (PDF)

2003 Minority Views on the Report of the Commission on Opportunity in Athletics (PDF)

2005 Additional Clarification of Intercollegiate Athletics Policy (Superceded by April 2010 guidance)

2010 Intercollegiate Athletics Policy Clarification: The Three Part Test—Part three (PDF)

Equity in Athletics Data Analysis Cutting Tool Website
Required by the Equity in Athletics Disclosure Act and its 1999 Regulations, this website managed by the Office of Postsecondary Education in the U.S. Department of Education provides required information on participation of women and men in college athletics.

Fighting Sexual Harassment and Assault Related Discrimination

1979 Title IX Regulations contain protections against pregnancy related discrimination for students and employees.

1997 Sexual Harassment Guidance

1999 Protecting Students from Harassment and Hate Crime (PDF)

2001 Sexual Harassment Guidance (PDF)

2006 Letter from OCR on enforcement of the 2001 Sexual Harassment Policy (PDF)

2008 Sexual Harassment: It’s Not Academic-OCR booklet (PDF)

2010 Letter and Fact Sheet from OCR on Harassment and Bullying (PDFs)

2011 Letter, Fact Sheet, and Know Your Rights from OCR on Sexual Harassment and Sexual Violence (PDFs) #

Jeann e Clery Disclosure of Campus Security Policy & Campus Crime Statistics Act as Amended Through 2008

Clery Act Campus SaVE Amendments from the 2013 Violence Against Women Act

Campus Safety & Security Data analysis Cutting Tool Website