The Latest News on Gender Equity/Title IX for High School Programs AAHPERD 2014

1. The Latest News on Gender Equity/Title IX for High School Programs AAHPERD 2014 Drs. Penny Portman, Kelly Witte, and Linda J. Carpenter

2. what we already know • The Law: • No person in the United Stated 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.

3. Dear Colleague Letters • Medium through which the Office for Civil Rights informs persons of clarifications in the law • I will talk about 4 (2007, 2012 and 2013 –April and June) as they relate to physical education

4. 2007 Dear Colleague Letter • Reaffirmed that, for the most part , all physical education classes must be co-educational

5. Where are we now in Co-educational physical Education in Southern Wisconsin? • 2011- “Why single-sex physical education classes work best for us” • 4 school districts - 20 + teachers • 3 middle schools • 1 junior/senior high school • 3 high schools

6. They liked sex-separate classes……. • Ease for the teacher • Perceived increased effort of students • Tradition • Perceived reduction of behavior issues • Ability to understand and become confidents for students of the same sex

7. WHERE are we now? • DPI Web site removed the statement that all physical education must be co-educational saying the information was already known • All school districts save one have maintained single-sex physical education classes • One elementary/middle school is separating gymnastics juxtaposed with basketball for their MS students

8. One school district • Beginning fall 2011 the middle schools in the school district with 2 high schools decided to separate by sex their 8th grade classes to better prepare them for high school • In November 2011 a complaint was filed against the high schools. Fall 2012 the 8th grade programs and the high school physical education classes became co-educational although still separate for swimming at the HS and one unit at one MS

9. WHY? • No one has complained or filed a complaint with their local Office for Civil Rights or the designated representative in the school. • 2) To date no federal or state monies has been withheld • to school or school districts not in compliance

10. 2012 April Dear colleague Letter • Title IX extends to all forms of sex-based harassment. Bullying, hazing, and cyberbullying are forms of sex-based harassment prohibited under Title IX. • Including sexual harassment, harassment based on a student’s failure to conform to gender stereotypes and sexual assault.

11. Who in physical education is being bullied? • Someone with a perceived weakness notably…….. • physical incompetent -Portman, 1995; Carlson, 1995; Carney & Merrell, 2001; Hill, 2007 • overweight or underdevelopedbody type – Fox & Edmunds, 2000; Janssen, Craig, Boyce & Pickett, 2004; Trout & Graber, 2009 • c) sexual orientation (LGBTG) - Morrow & Gill, 2003 • d) different (disability, socially inappropriate behaviors)- Dwyer, 2006, O’Connor & Espelage in progress

12. how? • Direct Bullying-easily detectable and relatively overt- harmful acts of physical behavior and aggression. Once mostly males increased trend by females (pushing, kicking, hitting) • Direct Verbal Aggression – teasing, name calling, accusing, shouting in the face of the victim • Indirect Bullying-extremely covert and often unnoticed. Most commonly in females, increasing in males (social isolation, intentional exclusion, manipulation of others, spreading slanderous rumors). • Crothers & Levinson, 2004

13. The results of being bullied • Wanting to remain invisible (Portman, 1995; Trout & Graber, 2009) • Withdraw from being physically active in class and in general (Journal of Pediatric Psychology, 2014) • More at risk for psychosocial maladies such as depression, low self esteem, and anxiety (Juvonen, Graham & Schuster, 2003)

14. How does the PE teacher respond? • Mostly students say that teachers don’t help (middle school teachers are less adept in identifying bullies and victims than elementary school teachers) – Macklem, 2003 • …by teachers not acting when incident(s) are reported • …thinking it is a one time occurrence • …indicating that the students should resolve the ‘problem’ themselves • …students making the complaint brought it on themselves • O’Connor, dissertation 2012

15. STRATEGIES • for your school district’s written policy • for the training of all staff, teachers, students and • their parents/guardians • for the name of your Title IX school-site coordinator

16. April 2013 Dear Colleague letter • ……..unlawful to retaliate against an individual because he or she made a complaint (formally or informally), testified or participated in any manner in an OCR investigation or proceeding • …..to retaliate included intimidating, threatening, coercing, or in any way discriminating against the individual because of the individuals complaint or participation.

17. June 2013 Dear Colleague Letter • …….cannot discriminate on the basis of sex-including pregnancy, parenting, and all related conditions such as abortions in all…….. • This means schools must give all students who might be, are, or have been pregnant the same access to school programs and educational opportunities that other students with temporary medical conditions have.

18. Absences • Title IX requires that schools excuse absences due to pregnancy or any related conditions (including recovery from childbirth) for as long as the doctor says it is necessary for the student to be absent. • The student is still have to do any work missed while the student is absent from the school site

19. Thank you • Any questions of clarity? • We will ask for questions again at the end.