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DEPARTMENT OF EDUCATION ISSUES LETTER SUPPORTING TITLE IX

The Department of Education has reaffirmed the value of Title IX and allayed fears that Title IX policies would be modified or weakened – at least in the near future.

After a nearly year-long review of Title IX, during which time individuals and organizations across the country sent letters, faxes and e-mails to their legislators in support of the federal legislation, the Department of Education issued a letter to educational institutions further clarifying the standards regarding Title IX and committing to its support and enforcement.

The controversial Commission on Opportunity in Athletics, a group formed by Secretary of Education Rod Paige, spent eight months investigating Title IX to determine whether revisions were needed to the thirty-year-old federal law. In February, the group submitted recommendations that sought to weaken Title IX's scope and could have eliminated many of the hard-won participation opportunities that women and girls had gained since the law went into effect in 1972.

Two commission members, Julie Foudy and Donna de Varona, submitted their own minority report opposing the recommendations of the Commission, making a case for strengthening Title IX and increasing enforcement. Secretary Paige refused to acknowledge this dissension and accepted the Commission's recommendations as consensus (although Commission members themselves expressed concern about the rushed nature of the process and the absence of a final discussion to truly identify areas of consensus).

On July 11 the Department of Education's Office for Civil Rights issued its findings:

"After eight months of discussion and an extensive and inclusive fact-finding process, the Commission found very broad support throughout the country for the goals and spirit of Title IX. With that in mind, OCR today issues this Further Clarification in order to strengthen Title IX's promise of non-discrimination in the athletic programs of our nation's schools."

The letter goes on to encourage schools to make use of the three-prong test as a flexible tool to assess Title IX compliance. The three-prong test, established in the Department's 1979 Policy Interpretation, allows institutions to determine compliance using the following criteria:

1. The intercollegiate-level participation opportunities for male and female students at the institution are ‘substantially proportionate' to their respective full-time undergraduate enrollments;
2. The institution has a ‘history and continuing practice of program expansion' for the underrepresented sex;
3. The institution is ‘fully and effectively' accommodating the interests and abilities of the underrepresented sex.

The letter clarifies that complying with any of the three prongs ensures compliance with Title IX, and states that an educational campaign will be undertaken to provide assistance to schools in understanding how to implement Title IX policies.

Cutting or reducing teams in order to comply with Title IX is discouraged in the letter, and the elimination of teams is labeled "a disfavored practice."

"Because the elimination of teams diminishes opportunities for students who are interested in participating in athletics instead of enhancing opportunities for students who have suffered from discrimination, it is contrary to the spirit of Title IX for the government to require or encourage an institution to eliminate athletic teams."

The Office for Civil Rights agrees to "aggressively enforce" Title IX standards, including "implementing sanctions for institutions that do not comply," and vows to apply consistent enforcement practices across the country.

The Department of Education has made a powerful statement in support of Title IX, and has conceded as well that discrimination on the basis of gender still exists and needs to be remedied. This is a victory and a step forward in the fight for gender equity.

By Lisa Braithwaite, Executive Director, Body Electric

NEW WAYS TO DONATE!

We know a lot of you have been wondering, "How can I give more money to Body Electric, and in a way that's quick and convenient?"

Well, we have an answer for you: donate online!

Visit Body Electric's new "Donate" page on our website to make a contribution by credit card, thanks to our recent arrangement with Network for Good, a nonprofit organization which processes credit card donations for other nonprofits.

You can also read about matching gifts, workplace giving, and non-cash donations of goods and/or services.

We hope that you will find our new online donation sytem to be easy to use and extremely convenient. Check it out today!

And, as always, thank you for your support. :-)

KATHLEEN'S JOURNAL

Part five in a series, the following is an excerpt of the journal of Kathleen Horton, a woman with a typical list of many competing priorities: job, spouse, children and personal time among them.

With our journal series we bring you the challenges and accomplishments of an average woman: someone who, like all of us, balances a life full of work, play, friends, family and occasional struggle.

We hope you find inspiration in their daily endeavors, and perhaps decide to try something new and challenging yourself!

June 26– Madeline and I spent the last two weeks at her first summer camp - Boogie Board/Surfing. Her cousin and my sister-in-law also attended.

The kids had a blast, as did Marta and I. There was pure joy on everyone's faces. Even Marta and I joined in on boogie boards. Some kids were surprised that "moms" got in the water.

June 30 – Now Madeline has started gym/swim camp. She's loving it. Makes me wistful for that youthful energy.

I'm out of sync with the new summer schedule – can't find a rhythm for workouts. Paddling is great but only one night a week, sometimes Saturdays.

July 4 – Went home for the holiday. Enjoyed beach days with the kids and family. Brought back memories of my childhood days at the same beach.

Bodysurfing was fun but challenging – big waves. I miss swimming.

July 6 – Took out my surfboard with my brother and best friend Laura. Due to the holiday weekend everyone had the same idea, but we scored on parking and a fun surf spot.

Came home to whining kids but my euphoria won them over.

July 9 – Paddling was fine – I'm feeling stronger in the boat. Only makes me want it more.

July 16 – Paddling cancelled tonight due to preparations for the State Outrigger Championships in Santa Barbara.

Went for a fast walk at the Douglas Preserve.

July 17 – The kids and I biked to a local surf store to get a rash guard for Madeline. She's been boogie boarding so much that wetsuit rashes have caused her grief.

While we were there we noticed a used soft surfboard. After a family discussion, we bought it.

July 19 – Participated in the State Sprint Championships. Our Senior Masters crew came in 2nd place out of seven canoes. It was a close race.

We were very excited for a group of old bats. It was fun to finally race after four years away.

August 2 – Another fun beach day. We took our surfboards and actually used them! I paddled mine out for the exercise then later Madeline joined me on her board just to hang out past the waves. We acted silly and loved it.

Tommy ran around nonstop all day jumping waves, digging holes and dragging seaweed. Needless to say, we were happy and tired.

August 7 – Finally Eric had some water time with us. He joined Tommy, Madeline and I, plus another family, for a kayak paddle. We saw dolphins, seals and the incredible kelp forests off Leadbetter Point.

I would love to do a family kayak trip someday. I'm already dreaming about future family vacations involving water sports.

LOOKING FOR A JOURNAL WRITER

Get some extra motivation by sharing your story with others!

You don't have to be super fit or training for a triathlon. You just have to be willing to keep an honest record of your exercise attempts and experiences.

Good days, bad days, we want it all!

Journal will start in the January 2004 issue. Call or e-mail for more information.