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”
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) #
Jeanne 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
2014 NotAlone report (PDF) contains guidance on preventing campus sexual assault.
2014 Draft Regulations for the Campus SaVE amendments to the Clery Act in the Violence Against Women Act (VAWA) (PDF)
2015 Department of Justice Website: Center for Changing Our Campus Culture
2015 Won’t Back Down: Student activists and survivors are using the legal system to fight sexual assault and harassment on college campuses Gaylynn Burroughs and Debra Katz, Ms. Magazine, Summer 2015 (PDF)
2015 Stop Sexual Assault in Schools (SSAIS) Website
2018 Proposed Title IX Regulations
2020 Final Title IX Regulations
The 2020 Title IX Regulations and the Lawsuits Against Them: An Analysis and Comparison
Single Sex Education
2002 Single-Sex Education Guidelines
2004 Proposed Changes in Single Sex Education Rules (PDF)
2006 Department of Education Title IX Regulations on Single-Sex education (PDF)
2007 Letter from OCR Summarizing ED 2006 Title IX Regulation on Single-sex Classes and Extracurricular Activities
2013 Failing our Kids: Despite Pseudoscience to the Contrary, Sex Segregation in public schools creates problems—not solutions, Susan McGee Bailey, Ms. Magazine, Fall, 2013
2014 DOJ FAQ, Nondiscrimination Grant Condition in the Violence Against Women Reauthorization Act of 2013
2014 Identifying US K-12 Public Schools with Deliberate Sex Segregation (2011-14), Feminist Majority Foundation (PDF) (See feminist.org/education/SexSegregation.asp)
2014 OCR Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes (PDF)
2015 Webinar on Title IX and Single-Sex Classes from the National Coalition for Women and Girls in Education and the US Department of Education (See right side of home page for audio and presenter slides)
2015 Guidance on Prohibition of Separation by Gender during Child Nutrition Program Meal Service from the US Department of Agriculture (PDF)
2015 Black Girls Matter, Kimberle Crenshaw, Ms. Magazine, Spring 2015 (PDF)
Civil Rights of Transgender Students
2016 US Departments of Education and Justice Guidance to Help Schools Ensure the Civil Rights of Transgender Students (PDF) #
Examples of Policies and Emerging Practices for Supporting Transgender Students (PDF)
Pregnancy Related Discrimination
1978 Pregnancy Discrimination Act
2013 “Dear Colleague” letter and Pamphlet: Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972
2015 EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues
Vocational/Career Technical Education and STEM (Science, Technology, Engineering & Mathematics)
1979 Guidelines for Vocational Education Programs (Superseded by 1996 Memorandum)
1996 Memorandum for State Methods of Administration (MOA) Coordinators and Other State Vocational Leaders for Civil Rights (PDF)
1998 Letter from OCR on Vocational Education Methods of Administration (MOA) (PDF)
2012 Letter from OCR on State MOA Coordinators On-Site Reviews (PDF)
2009 Title IX & STEM: Promising Practices for Science, Technology Engineering and Mathematics (PDF)
2012 Title IX & STEM: A Guide for Conducting Title IX Self-Evaluations in Science, Technology, Engineering and Mathematics Programs (PDF)
2016 Letter from OCR and the Office of Career, Technical, and Adult Education on Equal Access to CTE Programs
# Guidance Documents withdrawn by ED and in one case also DOJ.