Title IX Current Issues for
Secondary SchoolAthletics and Physical Education
Linda Jean Carpenter, Ph.D., J.D.
ACCESS
ACCESS
You don’t need a uniform if you are not on the team.
2011-12 4,484,987 3,207,533
1971-72 3,666,917 294,015
Progress for all:
Boys Girls
(nfhs.org)
Issue: Access
•More female HS athletes•More male HS athletes
Since 2007-08 (economic downturn)there are 263,139 more high school students participating in athletics than ever before.
Issue: Access
•More female HS athletes•More male HS athletes
Growth in last 5 years:Females: 150,267
Issue: Access
•More female HS athletes•More male HS athletes
Growth in last 5 years:Females: 150,267Males: 112,872
Issue: Access
•More female HS athletes•More male HS athletes
Growth in last 5 years:Females: 150,267 57.1% of increaseMales: 112,872 42.9% of increase
Knowledge
vs. Sound bite
Issue: Access
Issue: Access
•More female HS athletes•More male HS athletes
Growth in last 5 years:Females: 150,267 57.1% of increaseMales: 112,872 42.9% of increase
But, Girls=only 42.7% of all HS athletes
Most Popular High School Girls Sports in US – 2011/12
1 Basketball2 Track and Field3 Volleyball4 Softball FP5 Cross Country6 Soccer7 Tennis8 Golf9 Swimming/Diving10 Competitive Spirit Squad
(nfhs.org)
Most Popular High School Girls Sports in US – 2011/12
1 Basketball2 Track and Field3 Volleyball4 Softball FP5 Cross Country6 Soccer7 Tennis8 Golf9 Swimming/Diving10 Competitive Spirit Squad
(nfhs.org)
Is Cheer*a ‘sport’
for Title IX purposes?
•AKA: Competitive Spirit Squad Stunts & Acrobat Team
Issue: Access- Proportionality
Is Cheer*a ‘sport’
for Title IX purposes?
Issue: Access- Proportionality
•Answers:
•Office for Civil Rights
•Biediger v Quinnipiac University
Issue: Pregnancy
Issue: Contact Sport Exemption
Does Title IX’s Contact Sport Exemption available for co-ed Physical Education classes help or hurt girls?
Issue: Contact Sport Exemption
Should Title IX’s Contact Sport Exemption be retired?
Issue: Retaliation
Does Title IX helpto fightRetaliation?
Embrace equity more than tradition or privilege.