Title IX Current Issues for Secondary School Athletics and Physical Education Linda Jean Carpenter, Ph.D., J.D.

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 fight

Retaliation?

Embrace equity more than tradition or privilege.

Thanks for being with us today.

Kelly Wittewittek@uww.edu

Penny Portmanportmanp@uww.edu

Linda Jean CarpenterLcarpentBC@aol.com