The federal district court for the District of Columbia dismissed a case last week brought against the US Department of Education by the American Sports Council (ASC). The ASC argued that Title IX’s three-part test should not be applied to high schools. The test is used to determine whether schools provide equal opportunities for both girls and boys to participate in sports.
The ASC and other groups that have fought against Title IX’s three-part test argued that the test diminishes boys’ opportunities to participate in sports. The Department of Education denied this claim, saying that Title IX does not cut opportunities; it only requires that school athletic programs do not discriminate based on gender. The court dismissed the case on the basis that the ASC could not demonstrate that the three-part test caused the loss of boys’ sports programs.
Assistant secretary for civil rights for the Department of Education Russlynn Ali told the New York Times, “across administrations, Democrat and Republican alike, Title IX has always applied to elementary and secondary schools.”
According to the National Women’s Law Center, male participation in sports is increasing and girls still lack resources and opportunities to play, even after the implementation of the three-part test of Title IX.
Check our website for information on Title IX.