A) reviewed Title IX in respect to physical
education
B) searched each state and District of
Columbia) State Department of Education web
site for physical education, physical education
site, any mention of co-educational physical
education (single-sex), and the Title IX
reference site
C) created the compliance check list
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
P.L. 92-318,20 U.S. C. S. section 1681 et seq.
Access to higher education (admission/FA)
Career and technical education (equal)
Pregnancy and parenting (Linda)
Employment (hiring/promotion/salaries)
Learning environment (accessible/supportive)
Math and Science (opportunity)
Sexual harassment (grievances)
Standardized testing (gender biased)
Technology (equal access)
Title IX applies to all programs and activities
of the school and includes, for example,
conduct that takes place on school buses,
during extracurricular activities, students
participating in school athletic programs.
Physical education largely and quickly
became co-educational
But not without some transition…….
teacher reluctance teaching opposite sex
curriculum and rules of games different
teaching styles and tolerance differed
106.34 Access to classes and schools
a) General Standard: Except as provided for in
this section or otherwise in this part, a
recipient shall not provide or otherwise carry
out any of its education programs or activities
separately on the basis of sex or require or
refuse participation therein by any of it
students on the basis of sex
(1) Contact sports in physical education
classes. This section does not prohibit
separation by sex within physical education
classes or activities during participation in
wrestling, boxing, rugby, ice hockey, football,
basketball and other sports the purpose of
major activity of which involves bodily
contact.
(2) Ability grouping in physical education
classes: This section does not prohibit
grouping of students in physical education
classes and activities by ability as assessed by
objective standards of individual performance
developed and applied without regard to sex.
Title IX specifically addressed….. All forms of
sex-based harassment e.g., bullying, hazing,
and cyber-bullying
including sexual harassment, harassment
based on a student’s failure to conform to
gender stereotypes and sexual assault
that it doesn’t matter…….
whether the harasser intends to harm or not,
the harasser and target do not need to be of
different sexes
Severe harassment does not necessarily
require repeated incidences
National Women’s Law Center June 2012
Elementary Schools- Girls/Boys shouldn’t
wear or do…….
48% teachers heard students……
33% students heard other students “girls
should wear or do”…….
38% students heard other students “boys
shouldn't wear or do”
National Women’s Law Center 2012
81% students reported sexual harassment
87% reported the harassment had a negative
effect on them
Girls were more likely that boys to
experience
56% LBGT were more likely to be called
names, bullied, made fun of at school
AAUW Educ. Found. Hostile Hallways: Bullying,
Teasing and Sexual Harassment in Schools
Harassing of …..
female student for taking competitive sports
class and being good, playing well a
competitive ‘male’ sport, having an
androgynous body, having short hair, not
wearing make-up or dresses.
male student who takes dance, is a
cheerleader, exhibits effeminate mannerisms,
or doesn’t play a perceived ‘macho’ sport or
any sport, is low-skilled in games.
12 States call Physical Education-physical
education
9 = Health and Physical Education
2= Physical Education and Health
11=State Campaigns e.g., Healthy Schools,
Comprehensive School Physical Activity
Program, Health/Nutrition/Afterschool/
Healthy Kansas, Healthy ConneCTions
17 plus 1= something else….Physical
Activity, Wellness, Health Education, School
Health
Only state to put physical education on their
state web site…..
Iowa for showing children in physical
education classes on their physical education
homepage web site
Missouri for listing new and updates, national
months/ weeks/awards on their Health and
Physical Education homepage
North
Carolina and California
for stating that all physical education must be
co-educational and inclusive in their
definition of physical education
All but 2 states use the NASPE Content
Standards for Physical Education
2 states didn’t have their PE standards on the
PE web site- one referred me to their state
AAHPERD organization
One state does not have state standards for
time or graduation requirements for physical
education leaving it to the individual school
districts
Arizona = Booklet on Sexual discrimination and
sexual harassment in state owned schools
California = included within CAIS report
Connecticut = Publications by the National
Women’s Law Center
Michigan = Stated in compliance in all aspects of
Title IX
North Carolina = included PE under Title IX
search
Tennessee=Special Report 2012 on Title IX
Implementation….physical education on list
2 states when Title IX googled revealed
nothing
1 state had a compliance check list but not PE
related
28 states had less than 2 Title IX references
on page 1of site…included Title I, II
Only one state included Title IX in their A-Z
listing
By definition any Best Practices Checklist
should include a concern for equity and the
requirements of Title IX.
11 Categories ……
Awards, Co-education, Curriculum, Demonstrations,
Facilities/Equipment, Feedback, Harassment/Bullying,
Language, Student engagement, Teacher practices, and
Wall décor/ Mascots.
44 Indicators of equitable practices
Hill, Catherine and Holly Kearly. AAUW. Crossing the line:
Sexual harassment at school (2011)
www.aauw.org/learn/research/upload/
CrossingTheLine.org
Hostile Hallways:
www.aauw.org/learn/research/upload/hostilehallways.pdf
National Women’s Law Center, June 2012
Office for Civil Rights, Department of Education
