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The 14th Amendment to the United States Constitution
The Fourteenth Amendment to the U.S. Constitution is the foundation for equity in education. "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. Amend. XIV)
Source of Law: Constitutional Law -
Title IX of the Education Amendments of 1972
Title IX is a federal civil rights law that prohibits gender discrimination in education. This law laid the foundation for protecting the rights of students against sex discrimination in any federally funded education program (20 U.S.C § 1681). Source of Law: Statutory Law -
Women Education Equity Act, Title IV-A of the Elementary and Secondary Education Act of 1965
This act was enacted to promote educational equity for women and provide funding for educational agencies and institutions to meet Title IX requirements (20 U.S.C. § 3041-3047). This act is expired as of September 1999; however, during it's time increased the impact of gender equity awareness and increased opportunities for women in non-traditional fields. Type of Law: Statutory -
Grove City College v. Bell (1984)
A supreme court case that was a major setback for women's rights in Education since 1972. The court found that Title IX only applied to the parts of an institution that was receiving federal funds and excluded any programs not using Federal funds- excluding gender protection from athletics. This was overturned later once the Civil Rights Restoration Act was in effect.
(Grove City College v. Bell , 1984)
Source of Law: Judicial Law -
Equal Access Act of 1984
The Equal Access Act of 1984 states that federally funded public schools should provide equal access to extra-curricular activities and student clubs (20 U.S.C. § 4071). Source of Law: Statutory Law -
The Civil Right Restoration Act of 1987
The Civil Rights Restoration Act specified that those who received federal funds must adhere to Civil Rights laws in all areas, not just in a specific program. The Civil Rights Restoration Act was enacted to reinforce Title IX (20 U.S.C. § 1681-1688).
Source of law: Statutory Law -
Equity in Athletics Disclosure Act
Federal law passed that requires universities that are federally funded through Title IX to prepare annual reports regarding athletic programs to include gender equity information.
(Equity in Athletics Disclosure Act, H.R. 921 § 2 (1993)
Source of Law: Statutory Law -
United States v. Virginia, 518 U.S. 515 (1996)
This monumental case for gender equity in education ruled that the male-only university was a violation of the 14th amendment (United States v. Virginia, 518 U.S. 515 (1996)). After this supreme court case, women were admitted.
Source of Law: Judiciary Law -
Title IX Amended
Title IX continues to prohibit sex discrimination in education. Protection includes: sexual harassment, gender-based discrimination, sexual violence, protection for pregnant students, access to athletics, athletic scholarships in women, and equal access to higher education (20 U.S.C. § 1681-1688).
Source of Law: Statutory Law -
Current State of the Law
The U.S. department enforces Title IX in all institutions that include public funds including approximately 16,500 local school districts, 7,000 universities/post-secondary institutions, charter schools, libraries, educational agencies, and museums. Programs that receive federal funds must abide by non-discriminatory policies in all aspects of the institution. (U.S. Department of Education, 2019) The Office of Civil Rights (OCR) acknowledges that there are more gains to be made.
