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July 4, 2008


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Why Title IX?

 

    Why Title IX?  What is its purpose?  Is it really needed?   Is there sex discrimination in education programs and institutions?  If so, what are is effects?  Although Title IX was enacted within the Education Amendments of 1972, most educators remained relatively unaware of its implications until the release of its implementing Regulations in June of 1975.

    Title IX reads that:

  ". . . no person . . . 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."

  The implementing Regulations establishes detailed criteria for identifying and eliminating sex discrimination in education programs and activities, and sets forth five major compliance requirements which must be completed by July 21, 1976.

What is the purpose of Title IX?

    The purpose of Title IX is clearly and simply to prohibit sex discrimination against students and employees of education programs and activities receiving Federal funds.  The Title IX Regulation provides that females and males must be afforded equal opportunity with regard to:

  • admissions to most education institutions;
  • access to and treatment in curricular and extracurricular programs and activities sponsored by education agencies and institutions;
  • treatment under regulations and policies governing student benefits, services, conduct and dress;
  • access to employment in education agencies and institutions;
  • terms, conditions and benefits of such employment.

    Since the 1954 Supreme Court decision regarding Brown v. the Board of Education, the relationships between equality in education and in society and the nature of equality in education, have been subjects for public and educator concern.   A series of Federal and State antidiscrimination laws has been enacted to better define equality and to ensure its provision.  Title IX is the most recent such law.   It is patterned after Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race and ethnicity in education agencies and institutions.   Title VI and Title IX each address major and continuing sources of discrimination and inequality in education and in society.

Title IX of the Educational Amendments of 1972

    Almost all public educational institutions across the United States receive financial assistance from the federal government.  Preschool programs, elementary and secondary school systems, colleges, universities, vocational schools, community colleges, graduate and professional schools all receive different kinds of federal aid.  Title IX of the Education Amendments of 1972 and the Civil Rights Restoration Act for 1988 prohibit educational institutions which receive federal funds from discrimination on the basis of sex.

 

Title IX forbids schools from:

  • Different treatment in recruitment, admissions or financial aid
  • Different course offerings, prerequisites or other requirements.
  • Different treatment in housing, facilities, counseling, health and insurance benefits and other services.
  • Exclusion from or unequal opportunities in athletic or extracurricular activities.
  • Significantly different assistance to individuals or organizations such as schools, clubs or employers.

 

Title IX requires schools to:

  • Develop self evaluations and plans for remedial action to identify and correct discriminatory practices.
  • Select a responsible employee to act as Title IX Coordinator to coordinate remedial efforts and identify and correct discriminatory practices.
  • Adopt and publish a grievance procedure that provides means of solving student and employee complaints including issues regarding sex discrimination.
  • Post written notices stating to students, parents, employees and visitors that the school does not discriminate on the basis of sex, color, race, religion or national origin and complies with Title IX.

 

Title IX also requires that schools must:

  • Provide equal opportunity in admissions, scholarships, awards and benefits and services.
  • Provide comparable facilities for men and women.
  • Provide opportunities for athletic activities that accommodate the interest and abilities of members of both sexes.
  • Treat student pregnancy and related conditions (such as miscarriages and recovery from child birth) as any other temporary disability.

 

 

 

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