Title IX

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in school programs, including athletics. With respect to athletics, Title IX seeks to ensure that underrepresented sexes are given an equal opportunity to participate in athletic programs. Title IX does not require schools to offer identical sports for boys and girls, but an equal opportunity to play. Thus, schools are well-advised to offer sufficient program options to boys and girls with a sufficient numbers or roster spots across the various athletic seasons.

Title IX compliance does not stop at analyzing the number of program options and roster spots. Other factors, such as equity of resources, equipment, facilities and other factors are also important elements in assessing Title IX compliance.

43. Gender and Participation

• A school may establish separate teams for males and females for interscholastic competition in a sport provided that both teams receive equal instruction, training, coaching, access to available facilities, equipment, opportunities to practice and compete.
• If a school offers a single team in a particular sport, it may not restrict eligibility based on gender unless such a restriction is necessary to ensure that the school’s gendered designation of athletic opportunities complies with Title IX (either by demonstrating proportionality or the absence of unmet interest among members of the underrepresented sex).