Title IX of the Education Amendments of 1972, the statute prohibiting sex discrimination in educational institutions that receive federal funds, protects against discrimination in schools and colleges, including in athletics. But though the law has become synonymous with women’s sports, it was never meant to address inequality on that kind of playing field.  At the time of its passage, no one had a clue that its most wide-ranging impact would be on athletics.

Athletics, once viewed as a privilege exclusively for boys, is now seen as a part of school life in which girls are encouraged and expected to participate. In the early years of Title IX, however, those with a vested interest in the status quo made it sound as if the world would end if women were allowed to share in sports dollars. In some ways, the issue of athletics hijacked Title IX, but it also drew a great deal of attention to this legislation that might otherwise have languished or been ignored.  Title IX could have been far more vulnerable to crippling amendments or to being gutted entirely.

Under Title IX, schools are required to

• offer female and male students equal opportunities to play sports;
• treat female and male athletes equally in all respects, including offering equitable equipment, facilities, and coaching; and
• give female and male athletes fair shares of athletic scholarships.

A school can demonstrate that it is providing equal participation opportunities by showing one of the following:

• The percentage of female and male athletes is proportional to the percentage of female and male students enrolled in the school.
• The school has a history and continuing practice of expanding opportunities for the underrepresented sex.
• The school is fully and effectively meeting the athletics interests and abilities of the underrepresented sex.

AAUW believes that this three-prong test used to determine Title IX compliance in athletics is reasonable and flexible.

Since the law’s enactment, girls’ and women’s participation, scholarships, and share of athletics budgets have grown substantially.  In 1971, 8 percent of high school athletes were young women, but by the 2008-2009 academic year, 41 percent of high school athletes were female.  While great strides have been made, evidence suggests there is still work to be done, especially at the high school level.

Resources for women’s sports have never risen to the level of resources allocated for men’s sports, and  many high school athletic programs still don’t comply with Title IX’s requirements.  High school girls, especially, face continued discrimination in scheduling, equipment, facilities, and overall participation opportunities. Currently, girls make up 49 percent of the nation’s high school population, but they only account for 41 percent of high school athletes.

Myths about the requirements and impact of Title IX on school athletics are prevalent.  Title IX does not require schools to spend the same amount on both sexes nor to cut male teams to make room for female sports. In fact, male sports at both the high school and college levels have continued to expand under Title IX.  AAUW is concerned that some universities are using Title IX as a convenient scapegoat to avoid admitting that the real reason for athletic department cuts is budget priorities, not gender bias.