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Title IX Compliance in Secondary Physical Education Programs

Title IX Compliance in Secondary Physical Education Programs. To get ready……. A) reviewed Title IX in respect to physical education

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Title IX Compliance in Secondary Physical Education Programs

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  1. Title IX Compliance in Secondary Physical Education Programs

  2. To get ready…… • 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

  3. What does Title IX say…….. • 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.

  4. Protections under Title IX • 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)

  5. In and out of school 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.

  6. And as you know • 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

  7. 2007– Dear Colleague letter addressed single-sex classes 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

  8. 2007 continues • (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.

  9. And….. • (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.

  10. Even more recent…2011 Dear Colleague Letter (and larger than physical education) • 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

  11. AND 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

  12. Happen in schools often? • 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

  13. Secondary Schools 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

  14. Examples in Physical Education Classes • 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.

  15. My search results: Name • 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

  16. Kudo’s to New York • Only state to put physical education on their state web site…..

  17. Kudos to ……. • 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

  18. Kudo’s to ……….. • North Carolina and California • for stating that all physical education must be co-educational and inclusive in their definition of physical education

  19. Standards • 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

  20. Title IX and Physical EducationKudos to…………… • 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

  21. TITLE IX and Physical Education • 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

  22. Best Practices Checklist • 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

  23. Resources • 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/hostile- hallways.pdf National Women’s Law Center, June 2012 Office for Civil Rights, Department of Education

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