Since its passage, Title IX has dramatically increased athletic opportunities for girls and women in federally funded elementary and secondary schools and postsecondary institutions ("schools"). The Title IX regulations contain provisions governing athletic programs and athletic scholarship awards. Specifically, if a school operates or sponsors an athletic program, it must provide equal athletic opportunities regardless of sex. In determining whether equal athletic opportunities are available, OCR considers whether an institution is effectively accommodating the athletic interests and abilities of its students, regardless of sex, and providing equivalent benefits, opportunities, and treatment, including in these areas: equipment and supplies; game and practice times; travel and per diem allowances; coaching and academic tutoring; assignment and compensation of coaches and tutors; locker rooms, practice and competitive facilities; medical and training facilities and services; housing and dining facilities and services; and publicity. The Title IX regulations also specify that a school must not discriminate based on sex in the provision of athletic scholarships or other financial assistance to student-athletes. Although athletic opportunities have increased since Title IX was enacted over 50 years ago, OCR remains committed to making sure schools offer these opportunities in an equitable way to all students
Policy Guidance
| Date | Title of Document | |
|---|---|---|
April 20, 2010 | Guidance on Accommodating Students’ Athletic Interests and Abilities: Standards for Part Three of the “Three-Part Test" | |
The test is used to determine whether institutions are meeting the Title IX regulatory requirement to accommodate students' athletic interests and abilities.
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September 17, 2008 | Guidance on Athletic Activities Counted for Title IX Compliance | |
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March 27, 2008 |
| Guidance on Title IX Athletics Three-Part Test |
Letter re-affirming the Department of Education's policy on the application of the Three-Part Test to high school athletics, which measures the accommodation of student athletic interests and abilities.
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June 25, 2007 | Guidance on Nondiscriminatory Treatment of Pregnant Students in Athletic Scholarships | |
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July 11, 2003 | Further Clarification of Intercollegiate Athletics Policy Guidance Regarding Title IX Compliance | |
Dear Colleague letter from Assistant Secretary for Civil Rights Gerald Reynolds
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July 23, 1998 | Funding of Athletic Scholarships | |
"Dear Colleague" letter from Norma Cantú, Assistant Secretary for Civil Rights regarding the investigation of complaints which allege discrimination in the awarding of athletic scholarships in intercollegiate athletics programs. "Dear Colleague" letter from Dr. Mary Frances O'Shea, National Coordinator for Title IX Athletics to Bowling Green State University General Counsel, which clarifies the coverage of Title IX and its regulations as they apply to both academic and athletic programs; and the funding of athletic scholarships budgets for men's and women's intercollegiate athletics programs. | ||
January 16, 1996 | Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test | |
The memorandum from the OCR Assistant Secretary and clarification of the "three-part test" described in the Education Department's 1979 Policy Interpretation. This test is used to determine whether students of both sexes are provided nondiscriminatory opportunities to participate in athletics. | ||
December 11, 1979 | Title IX Policy Interpretation: Intercollegiate Athletics | |
The following Policy Interpretation represents the Department of Health, Education, and Welfare's interpretation of the intercollegiate athletic provisions of Title IX of the Education Amendments of 1972 and its implementing regulation. Title IX prohibits educational programs and institutions funded or otherwise supported by the Department from discriminating on the basis of sex. The Department published a proposed Policy Interpretation for public comment on December 11, 1978. Over 700 comments reflecting a broad range of opinion were received. In addition, HEW staff visited eight universities during June and July, 1979, to see how the proposed policy and other suggested alternatives would apply in actual practice at individual campuses. The final Policy Interpretation reflects the many comments HEW received and the results of the individual campus visits |
Please see our Reading Room for a full list of guidance documents on issues related to Sex Discrimination.
Case Resolutions
- Salem-Keizer School District (OR)
- Read the Press Release
- Read the Resolution Letter PDF
- Read the Resolution Agreement PDF
- Dakota County Technical College (MN)
- Seattle Pacific University (WA)
- Northwest Mississippi Community College (MS)
- Dickinson State University (ND)
- Chino Valley Unified School District (CA)
- Buffalo Erie Community College (NY)
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- Read the Resolution Letter PDF
- Read the Resolution Agreement PDF
- Chicago Public Schools (IL)
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- Portland Public Schools (ME)
- Southeastern Louisiana University (LA)
- More Case Resolutions
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Publications
- Supporting Equal Opportunity in School Athletic Programs PDF (243K)
- Title IX and Athletic Opportunities in K-12 Schools PDF (378K)
- Title IX and Athletic Opportunities in Colleges and Universities PDF (421K)
- Equal Opportunity in Intercollegiate Athletics. (1991). This pamphlet clarifies that a recipient's athletic program is an integral part of its education program and summarizes a recipient's obligations under Title IX of the Education Amendments of 1972.