Title IX and Athletic Programs

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Title IX and Athletic Programs
K-20 Training December 2008 Susanne Beauchaine,
Program Supervisor Equity and Civil Rights
Office 360-725-6236 FAX [phone] Susanne.bea
uchaine_at_k12.wa.us Website http//www.k12.wa.us/
Equity
OSPI
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Why are interscholastic sports important?

• Provide opportunities for student development
• Serve as a means for positive parent and
  community involvement in schools and
• Foster student self-esteem, confidence, and
  leadership skills-skills that can influence
  academic achievement.

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Federal Civil Rights Law
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State Civil Rights Law
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Sex Equity Laws
FEDERAL Title IX STATE
RCW 28A.640 WAC 392-190
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What is OSPIs role with Sex Equity in Athletics?

• Federal Responsibility
• OSPI is responsible for seeing that all LEAs in
  Washington are implementing federally funded
  educational programs and activities in compliance
  with Federal civil rights statutes.
• State Responsibility
• OSPI is responsible for implementing Washington
  nondiscrimination laws in LEAs by monitoring
  compliance of applicable laws.
• Equity and Civil Rights Office
• Monitor school district compliance and provide
  technical assistance.
• Receive and respond to inquiries and concerns
  of allegations of discrimination.

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In a Nutshell -

• The focus of Title IX is on overall program
  comparability and quality of athletic programs,
  not exact component comparisons between specific
  sports. 
• Title IX does not require that male and female
  athletes receive identical support and services. 
  Instead, it requires that male and female
  athletes receive the same quality of support and
  that each program equally meets the needs of the
  athletes involved. 

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Program Components to Evaluate Athletic
Programs

• Students' athletic interests and abilities
• Scheduling of games and practice times
• Provision and maintenance of equipment and
  supplies
• Practice and competitive training facilities
• Coaching
• Publicity
• Medical services and training
• Travel and per diem

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1. INTERESTS AND ABILITIESThe Three-Part Test

• Part 1 of the TestA comparison of the ratio of
  male to female participation in interscholastic
  athletic programs to the ratio of male to female
  students enrolled.
• If the ratios of male and female students
  participating in athletics are comparable or near
  comparable, the district would be in compliance

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ExampleBeauchaine High School
Percent of Boys Enrolled 280/533 52
Participation for Boys 150/280 53
Percent of Girls Enrolled 253/533 47
Participation for Girls 95/253 38
INTERESTS AND ABILITIES
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Part 2 of the Test

• Can the district show a history and continuing
  pattern of program
• expansion for the underrepresented sex?
• A history and continuing pattern of program
  expansion includes
• A review going back at least a decade
  determining if sports were added in response to
  the existing and emerging interests of students
  for new opportunities
• If there is a clear and effective method for
  requesting new sports and
• If there is currently a plan to add more sports
  in response to known interest.

INTERESTS AND ABILITIES
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Part 3 of the Test

• Can the current program be shown to be
  effectively accommodating the
• interests and abilities of students of the
  underrepresented sex?
• Interest in a sport may come to a district's
  attention in a variety of ways including
• Requests from parents and students to add a team
  
• The student interest survey conducted every three
  years as required by Washington state law and
• Increasing interest in recreational or
  intramural sports.
• If the district can show that there are sound and
  effective methods for determining interest and
  that the current program is addressing all known
  interest, then it is in compliance even if there
  is a difference in the ratios of students
  participating in sports to the students enrolled.

INTERESTS AND ABILITIES
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Student Interest Survey

• WAC 392-190-040
• Districts will administer a student survey
• once every three years to determine male
• and female interest in athletic programs.

INTERESTS AND ABILITIES
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What must the Student Survey include?

• Student sex
• Student grade level
• The list of sports are gender neutral (e.g.
  Basketball,
• instead of Boys Basketball)
• Reason for non-participation
• List of interscholastic activities

INTERESTS AND ABILITIES
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OSPI has developed a Sample Survey available
at www.k12.wa.us/equity Districts may alter
the survey to meet their local needs provided
that the basic information is collected.
INTERESTS AND ABILITIES
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What do I need to submit to OSPI?

• A blank copy of the survey instrument used and
• A summary of the findings from the survey.
• Regardless of format, the findings should reflect
  the following minimum information disaggregated
  by sex
• The number of students surveyed
• The number of students enrolled (eligible to take
  the survey)
• Top sports requested
• Top activities requested and
• Top reasons for non-participation.

INTERESTS AND ABILITIES
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Best Practices

• Meet with your athletic staff and building
  administrators to share the results of the
  survey. Determine next steps if needed!
• Communicate the results with your School Board.
• Communicate the results with your student body.

INTERESTS AND ABILITIES
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I would have bigger numbers for girls if
only I could count cheerleading and dance!
INTERESTS AND ABILITIES
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Office of Civil Rights Guidance

• Whether selection for the team is based upon
  objective factors related to athletic activity.
• Whether the activity is limited to a defined
  season.
• Whether the activity is administered by the
  athletic department.
• Are the following the same as other athletic
  programs
• Coaching
• Budget
• Tryout and Eligibility
• Length and number of practice sessions
• Competitive opportunities and recognition
• Whether the primary purpose of the activity is
  athletic competition and not the support or
  promotion of other athletes.

INTERESTS AND ABILITIES
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SCHEDULING

• Assessing scheduling is not just about the number
  and times of games- it is about the impact that
  unequal scheduling may have on the opportunity
  to
• Participate
• Compete
• Attract media coverage
• Play in front of spectators and
• Develop a strong overall program. 

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Factors used to assess equal opportunity in
scheduling

• Number of competitive events per sport.
• Number and length of practice opportunities.
• Time of day competitive events are scheduled.
• Time of day practices are scheduled.
• Opportunities to engage in available competition.

SCHEDULING
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EQUIPMENT

• District compliance in this area depends upon
  comparison
• of equipment and supplies for girls' and boys'
  teams and
• an analysis of whether their program needs are
  being
• met equally.
• The law does not require identical equipment if
  the
• overall effect of the differences is negligible.
• In other words is there a schedule and priority
  for
• uniform and equipment purchases? Or is it
  strictly based
• on the squeaky wheel theory?

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Factors used to assess equal opportunity in
equipment

• Quality
• Quantity
• Suitability
• Maintenance and replacement
• Availability

EQUIPMENT
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FACILITIES

• Assess whether boys and girls receive equal
  treatment in
• the area of competitive and practice
  "facilities," such as
• Playing fields,
• Gyms,
• Courts, and swimming pools. 
• It also includes consideration of whether they
  are given
• comparable locker rooms.

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Factors used to assess equal opportunity in
facilities

• Quality and availability of facilities for girls'
  and boys' teams
• Whether any teams get exclusive use of a
  facility
• Availability, proximity and quality of locker
  rooms
• Maintenance of facilities  and
• Level of preparation of facilities for practice
  and competitive events.

FACILITIES
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COACHING

• Assess whether coaching for boys' and girls'
• teams are comparable, three main factors are
• evaluated
• Opportunity to receive coaching (how
• much coaching is provided?)
• Qualifications/assignment and
• Compensation

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PUBLICITY

• Publicity is significant because
• They help develop programs,
• They encourage students to try-out for teams, and
  
• They communicate to athletes that their hard work
  is valued. 

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Examples of publicity and promotional activities

• School newspaper articles,
• Coverage by local media,
• Posters and banners,
• School-wide announcements,
• Pep rallies,
• Trophy cases, and
• Cheerleaders and bands at games. 

PUBLICITY
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MEDICAL SERVICES and TRAINING

• Assess whether the district's male and female
  athletes
• receive equal treatment in the area of medical
  and training
• services. 

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Factors used to assess equal opportunity in
medical and training services

• Equal access to medical and emergency personnel
  and assistance
• Covered by or offered the same kinds of accident
  and medical insurance
• Comparable access to trainers and
• Equal access to, and quality of, weight,
  conditioning and training facilities.

MEDICAL AND TRAINING
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TRAVEL AND PER DIEM

• Modes of transportation
• Overnight accommodations furnished during travel 
• Length of stay before and after competitive
  events
• Per diem allowances and
• Dining arrangements.

Is there a standard procedure to determine travel
requests?
TRAVEL AND PER DIEM
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ANNUAL SELF-EVALUATIONS

• Under Washington state law, school districts are
  required to conduct annual self-evaluations of
  their athletic programs to determine if they are
  providing equal opportunities and comparable
  programs for both boys and girls.
• Districts are required to submit results from
  their annual self-evaluation to OSPI based on
  their location within ESDs.
• District self-evaluation results will be
  submitted to OSPI via iGrants Form Package 448.

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Rotation schedule for submission of annual
self-evaluation to OSPI
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Steps to complete your annual self-evaluation
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Step 1 Team Evaluations Coaches self-evaluate
their teams opportunities in all eight
categories.
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• Step 2
• Building Evaluations
• Assigned person
• at the building
• level compiles the
• self-evaluation
• data reported by
• each team.

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• Step 3
• District Evaluations
• Assigned person at
• the district level
• compiles the self-
• evaluation data
• reported by each
• building.

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• Athletic Booster Clubs

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Do equal dollars have to be spent on boys and
girls sports programs?

• No - Washington state law and Title IX does not
  require
• equal dollars for girls and boys sports programs.
  Some
• sports programs may require more money to be
  spent to
• outfit teams and support student participation.

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Receiving donations is it allowed?

• Washington state law and Title IX does not
  prohibit a
• district from accepting voluntary individual or
  booster
• club support.
• HOWEVER
• If donations results in inequity (by gender) than
  the DISTRICT is responsible for correcting the
  inequity.
• Correction may include soliciting groups for
  donations, or using district funds.

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• The question is whether girls and boys sports
• are being provided sufficient dollars to afford
• an equal opportunity.

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• Where booster clubs provide benefits or services
  that assist only teams of one sex, the
  institution (school district) shall ensure that
  teams of the other sex receive equivalent
  benefits and services.(Title IX Athletic
  Investigators Manual, Office of Civil Rights)

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Working with Booster Clubs

• Develop and disseminate policies and procedures
  for fundraising including the need for equitable
  funding for girls and boys programs
• Develop and disseminate procedures for requesting
  and reporting booster club and public donations -
  emphasizing the need for district oversight
  rather than funds and donations going directly to
  individual coaches or teams
• Annually evaluate athletic programs and develop
  action plans to address disparities Provide
  on-going training for all coaching staff in the
  area of equal opportunity, fundraising, and
  federal and state nondiscrimination laws
• Ensure training year-round so all coaches may
  have the opportunity to attend (e.g. new hires)
  and
• Establish an advisory committee that involves
  booster club members, parents, coaches and
  athletic directors to encourage collaboration and
  communication.

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• Retention Schedule per
• Washington State Archives

For a complete list of retention
schedules www.secstate.wa.gov/archives/gs_local.a
spx
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• What if?

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What if my district has budget cuts?
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• What if my softball field lights are
• broken, and we do not have the funds
• to replace them this year?

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• What if the girls in my school just do
• not seem interested in sports?

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REMEMBER
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Contacts for Assistance

• Susanne Beauchaine
• Equity and Civil Rights Office, OSPI
• 360-725-6236 FAX [phone]
• Susanne.beauchaine_at_k12.wa.us
• Website http//www.k12.wa.us/Equity