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U.S. Department of Education

U.S. Department of Education

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About EDOVERVIEW
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TItle IX Initiatives

*Athletics*

In OCR’s 1979 Intercollegiate Athletics Policy  Interpretation, the Department established a three-part test that OCR applies  in determining whether an institution is effectively accommodating student  athletic interests and abilities.  An  institution is in compliance with the three-part test if it has met any one of  the following three parts of the test:   1) the percent of male and female athletes is substantially proportionate  to the percent of male and female students enrolled at the school; 2) the  school has a history and continuing practice of expanding participation  opportunities which is demonstrably responsive to the developing interest and  abilities of members of the underrepresented sex; or 3) the school’s present  program is fully and effectively accommodating the interests and abilities of  the underrepresented sex. 

| **...[O]ur  nation must work to ensure that all American children have an equal chance to  succeed and reach their full potential.**

*** Remarks  by******President  George W. Bush, 2003*** |
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On  March 17, 2005, OCR issued “Additional Clarification of Intercollegiate  Athletics Policy: Three-Part Test—Part Three.” Accompanying the Additional  Clarification was a “User’s Guide to Student Interest Surveys under Title IX”  and a related technical report.  The  Additional Clarification and User’s Guide provide further guidance on  recipients’ obligations under the three-part test and are designed to help  recipients understand the flexibility afforded under the test.  The Additional Clarification outlines  specific factors that guide OCR’s analysis of the third option for compliance  with the three-part test.  The User’s  Guide contains a sample survey instrument to measure student interest in  participating in intercollegiate varsity athletics.  

*Single-Sex Education*

In  March 2004, ED published a “Notice of Proposed Rulemaking” in the *Federal Register* requesting public  comment on proposed amendments to the Title IX regulations that would provide  additional flexibility for school districts in providing single-sex classes and  schools.   OCR received approximately  5,860 comments on the proposed amendments.   During FY 2005, OCR continued the process of analyzing the comments and  drafting final regulatory amendments.  

*Procedural  Safeguards*

In April  2004, OCR issued a “Dear Colleague” letter reminding all school districts to  designate a Title IX coordinator, adopt and disseminate a nondiscrimination  policy, and put grievance procedures in place to address complaints of  discrimination on the basis of sex, as required by the regulations implementing  Title IX.  A similar Dear Colleague  letter was sent to postsecondary education institutions in August 2004.  Following up, in FY 2005, OCR initiated 39  and resolved 24 compliance reviews on institutions’ compliance with Title IX  procedural requirements.  

For example, OCR conducted compliance reviews at  four school districts of varying sizes to determine their compliance with Title  IX procedural requirements and found noncompliance in all four districts.  In voluntary resolution agreements, each of  the districts agreed to provide notice of a Title IX coordinator, adopt and  disseminate an effective Title IX nondiscrimination notice, and adopt and  publish grievance procedures for the prompt and equitable resolution of  complaints alleging discrimination on the basis of sex.  

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