Title IX: still evolving after 50 years
- CGEST Staff
- Jun 28, 2022
- 2 min read
By Susan Galpin-Tyree

June 23, 2022, marked the 50th anniversary of the passage of Title IX. This federal civil rights law changed education in the United States by barring sex discrimination in the nation’s schools.
Title IX is the most used name for the federal civil rights law that was passed as part of the Education Amendments of 1972. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance.” - excerpt from Title IX of the Educational Amendments of 1972 to the 1964 Civil Rights Act.
Initially introduced for getting more women into graduate schools, the law today is most associated instead with athletics because of its impact on women’s sports. The increase in girls’ and women’s participation over the past five decades, and the explosion in popularity of women’s college and professional sports, can be linked to the law. Despite the intent of the law and the profound gains due to its enactment, systemic discrimination remains in the social structure, and many colleges and universities fall short of Title IX, leaving women struggling for equity.
However, Title IX offers other protections, too. Since its passage, the law has been cited in court cases to defend students from sexual harassment and assault, ensure the rights of transgender students, and protect pregnant students from discrimination. Though the 1964 Civil Rights Act prohibited discrimination in federally funded programs – including education – on the basis of race, color, and national origin, sex was not included.
In October 2021, the Office of Civil Rights (OCR) published a blog titled “Our Commitment to Education Environments Free from Sex-Based Harassment, Including Sexual Violence.” The blog discusses the need to prevent sexual violence, which it says may be detrimental to a student’s education and general path. The blog places the impetus on schools to take action to prevent harassment and discrimination in compliance with the law. All forms of sexual discrimination should be included under this umbrella, according to the post.
In February 2022, according to another blog published by OCR, a draft of proposed amendments to Title IX was submitted to the Office of Information and Regulatory Affairs (OIRA) for review to advance the priorities set forth by President Biden’s 2021 executive order 14021. The draft Notice of Proposed Rulemaking (NPRM) which is under review by the OIRA and the Department of Justice (DOJ), may address these Title IX rules:
34 CFR 106.8, related to Title IX coordinator designations, policy, and grievance procedure adoption
34 CFR 106.30, which contains definitions relevant to the contents of the law
34 CFR 106.44, regarding a complaint recipient’s response to sexual harassment
34 CFR 106.45, governing the process for filing of and response to a sexual harassment grievance and formal complaint
Once the review of the NPRM submitted by the OCR is complete, the proposed Title IX changes will be published in the Federal Register for a period of public comment.
After 50 years, Title IX is still a work in progress.
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