Title IX Compliance at the Middle School Level

Conducting a Title IX self-assessment of a school district’s athletic program to measure compliance is a proactive leadership function of the athletic director and Title IX coordinator. Title IX applies to all types of athletics programs including interscholastic, intercollegiate, club and intramural programs.

Interscholastic programs are intended to mainly consist of the higher skilled student-athletes representing the high school, middle school and, where programs are available, elementary school. Therefore, a comprehensive assessment includes all levels of interscholastic programs in a school district including middle school. A school’s middle school interscholastic athletics program may be a strong indicator of interest and abilities of females in the school and, therefore, should be included in the school’s comprehensive Title IX assessment.

A thorough program assessment that includes middle school will take a comprehensive look at the school district’s entire athletics program grades 7 through 12 or, in some cases 6 through 12, and determine if the program accommodates the interests and abilities of the students as a whole, and if specific program components detailed in the Title IX regulations are equitable for girls and boys.

Similar to the assessment of a school’s high school athletics program, it is important for the school’s Title IX coordinator and athletic director to have a clear understanding of the two major areas of the Title IX athletics compliance framework: 1) Accommodations of Interests and Abilities (the Three-Prong Test) and 2) Other Athletic Benefits and Opportunities (the Laundry List).

While the first area uses the ‘Three-Prong Test’ to determine whether a school provides adequate athletic opportunities for its female students, the second area evaluates a “laundry list” of athletic benefits regarding:

• athletic equipment and supplies;

• locker rooms and practice/competition facilities;

• allocation of travel/transportation/per diem benefits;

• years of experience, quality and salaries of coaches;

• institutional housing/dining facilities and services;

• game/practice times;

• scheduling;

• facilities for and access to training and medical services;

• academic tutoring services for student-athletes;

• institutional support services; and

• recruiting resources provided to student-athletes;

Similar to assessing a school’s high school athletics program, the focus of Title IX at the middle school level is on overall program comparability and quality of athletic programs, not exact component comparisons between specific sports. Title IX does not require that male and female athletes receive identical support and services. Instead, it requires that male and female athletes receive the same quality of support and that the program for each gender equally meets the needs of the athletes involved.

Listed are steps schools should take when assessing the interscholastic athletics program at the middle school level for Title IX compliance.

• The school’s athletic director and Title IX coordinator should meet and develop a plan for assessment. Both should have a basic understanding of Title IX athletics compliance and the application of the Title IX compliance framework. It may also be beneficial to involve the school’s legal counsel as an additional resource and support.

• Create a permanent Title IX file. A Title IX assessment of a school’s athletics program is all about the data. A school stating that it is in Title IX compliance without having the proof or evidence (data) is only an opinion. Collecting and analyzing the information is the only acceptable and valid way to assess compliance. As the athletic director and/or the Title IX coordinator collect the data, establish a central location to keep or store the data. This can be a folder, notebook or electronic file where it can be accessed by both.

• Collect and analyze the data. Title IX requires two things in regard to athletics compliance: providing equal opportunities for boys and girls to become interscholastic athletes, and once they become interscholastic athletes providing equitable treatment in the girls program as compared to the boys program. Providing equal opportunities for boys and girls to become interscholastic athletes is analyzed by meeting one prong in the three-prong test. Providing equitable treatment is analyzed through the evaluation of the 11-program area and the factors within each program area. In a middle school analysis, the school would analyze only the interscholastic athletics program in grades 7 and 8 and grade 6 if applicable depending on the state’s athletic association’s requirements. If analyzing a junior high program, the analysis would include grades 7, 8 and 9.

• Conduct a survey of middle school students to assess their interests, abilities and attitudes of interscholastic athletics. Include in the survey interest levels of club and intramural sports. It will also be important to take this a step further and use focus groups to assess girls’ intentions and goals for participating in interscholastic athletics. It may be beneficial to incorporate focus groups to uncover the barriers and challenges that girls encounter when deciding whether to participate in the school’s athletics program. Additionally, incorporate the school’s guidance counseling staff into the process by asking them to speak with students about athletic participation, etc.

• Upon completion of data collection and analysis of the data, develop a middle school interscholastic athletics strategic plan that will identify areas of weakness that need to be improved and how the improvement will be accomplished. The strategic plan should also include the areas of strength in the middle school program as well identify the school’s positive efforts in achieving gender equity in the athletics program.

It is essential for schools is to understand the importance of gender equity in athletics. Schools must recognize the historical barriers to female participation – many of which appear at the middle school level and earlier, and honestly assess the current participation opportunities and the atmosphere and culture that exists within the school’s athletic program. Female participants in athletics at the middle school level will benefit from and respond positively to all athletic personnel making clear and explicit efforts to create physically, emotionally, socially and mentally healthy programs.

Title IX of the Education Amendments of 1972 is one of the most impactful laws that has paved the way for girls and women to play sports in school. And over the past 50 years, it has been realized that interscholastic athletics participation can lead to better outcomes in education, positive health benefits and even improved opportunities in later employment. For all students, participating in athletics can be a source of fun and empowerment, create lasting friendships, build confidence in ones’ physical skills, develop leadership potential, enlarge growth in the resilience necessary to commit to a vision, and help in learning from mistakes and meeting goals. These benefits are well worth encouraging for boys and for girls.

When school district athletic personnel understand the importance of gender equity in athletics and commit to providing girls and boys with similar opportunities, treatment and respect at all levels, then both genders stand to win and school athletic programs stand to grow. Athletic directors, coaches and school administrators need more than vision to implement programs and deal with equity issues, including creating more participation opportunities for girls.

School personnel need to create and implement a strategic plan to take actions that will create a more gender equitable athletic program. In doing so, schools must have sensitivity and awareness of the issues that are unique to young females who participate or may potentially participate in an education-based athletics program. Boys and girls will gain the same positive benefits from participating in their school’s athletics program; however, the journey to obtain those benefits for each is different.