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Missing Report Cards: Available data show stark gender inequality in sports programs, and many California public schools shirk reporting requirement June 23, 2017 Legal Aid at Work Fair Play for Girls in Sports Project Executive Summary (as of June 23, 2017) 行行行行 (2017 行 6 行 23 行) Title IX, a federal law, which is marking its 45th anniversary this month, requires gender equity in all educational programming, including sports, in schools that receive federal funding. Specifically, female and male students must experience gender equity in the athletic treatment and benefits they are afforded by their educational institutions and in the opportunities provided in the form of individual and team sports. As recipients of federal funds, California public and charter schools are covered by Title IX. 行行行行行行行行行行行行行行行行行行行 45 行行行行 行行行行行行行行行行行行行行行行 行行行行行行行行 行行行 行行行行 行行行行行行行行 ,,体,。 行行行 行行行行行行行行行行行行行行行行行行 行 体,体 行行行行行行 行行行行行行行 行行行行 行行行行行行行行行 体体 行行行行行 行行行行行行行行行行行行行行行行行行行行行行 行行行行行行行行行行行行行行行行行行行 。,。 Given the difficulty in measuring the progress made by public and charter K-12 schools in complying with Title IX, in 2014, the California state legislature passed SB 1349. It mandated that all schools, following the 2015-2016 school year, and thereafter on an annual basis, post on the school’s website (or district site) metrics on students’ participation in competitive sports by gender. In particular schools must report: the numbers of female and male students playing interscholastic sports; the levels at which they each are playing (e.g., JV, Varsity); and the athletic opportunities available. The website reporting must also include the number of female and male students enrolled, so as to provide a comparison to the numbers of those female and male students participating in sports programs. The intent behind SB 1349 was to produce data that could shed light on longstanding gender inequity in school athletic programs and to spur schools, girls, parents, and community members to address the problem. {00501317.DOCX}

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Missing Report Cards: Available data show stark gender inequality in sports programs, and many California public schools shirk reporting requirement

June 23, 2017 Legal Aid at WorkFair Play for Girls in Sports Project Executive Summary (as of June 23, 2017)

行政总结 (2017年 6月 23日)

Title IX, a federal law, which is marking its 45th anniversary this month, requires gender equity in all educational programming, including sports, in schools that receive federal funding. Specifically, female and male students must experience gender equity in the athletic treatment and benefits they are afforded by their educational institutions and in the opportunities provided in the form of individual and team sports. As recipients of federal funds, California public and charter schools are covered by Title IX.

联邦法教育修正案第九条到本月已经有整整 45年的历史。该法律要求所有接受联邦津贴的学校,它们的教育项目,包括体育活动,都必须性别平等。具体而言,女学生及男学生在其教育机构所提供的体育对待和好处方面以及提供的个体及团队体育机会方面必须感受到性别平等。因为加州的公立学校及特许学校都接受联邦津贴,所以它们都要受教育修正案第九条的制约。Given the difficulty in measuring the progress made by public and charter K-12 schools in complying with Title IX, in 2014, the California state legislature passed SB 1349. It mandated that all schools, following the 2015-2016 school year, and thereafter on an annual basis, post on the school’s website (or district site) metrics on students’ participation in competitive sports by gender. In particular schools must report: the numbers of female and male students playing interscholastic sports; the levels at which they each are playing (e.g., JV, Varsity); and the athletic opportunities available. The website reporting must also include the number of female and male students enrolled, so as to provide a comparison to the numbers of those female and male students participating in sports programs. The intent behind SB 1349 was to produce data that could shed light on longstanding gender inequity in school athletic programs and to spur schools, girls, parents, and community members to address the problem.

因为很难衡量公立及特许 K-12年级学校遵守教育修正案第九条的进展,加州立法机关于 2014年通过了 SB1349法案。该法律强制规定在 2015-2016学年度结束后,以及之后的每一年,所有的学校都必须在学校网站(或学区网站)按性别公布学生参与竞技运动的统计数据。具体而言,学校必须报告:有多少男女学生参加校际运动;他(她)们分别都是在什么水平上参与运动(例如 JV ,Varsity);学校为男女学生提供何种参与机会。网站的报告还必须包括学校就读的男女学生数量,

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以便与参与体育项目的男女学生数量做比较。SB1349背后的意图旨在对体育活动中长期存在的性别不平等现象加以关注,以及敦促学校、女生、家长、及社区成员共同采取措施来纠正这个现象。Based on a new study, conducted by Fair Play for Girls in Sports (a project of Legal Aid at Work), we conclude that public schools of all sizes and types serving the full range of California communities are not complying with SB 1349, by failing to post required data. And the data that has been posted and analyzed strongly suggests that girls continue to face dramatic inequities in athletic opportunities.

根据 Fair Play for Girls in Sports 项目(法律援助会的一个项目)一个新的研究,我们得出的结论是不同社区不同大小及各个类型的公立学校因为没有公开必须公开的数据,所以它们并没有遵守

SB1349 的要求。而已经公布及分析过的数据强烈地显示女生在体育运动中继续面临严重的机会不平等。The imbalance matters in the number of girls enrolled in school in contrast to the number participating in sports because girls are being denied equal access to sports, and the facilities, coaching, training, and benefits related to sports participation—in disregard of Title IX and fundamental fairness. There are both short- and long-term benefits girls gain from participation. Girls who play sports experience better health, more academic success, and greater future prospects in employment. In sum, failure to share key data that would uncover Title IX problems and trigger solutions, results in denying girls a better future.

这种不平衡在于学校就读的女生与参加体育运动的女生数量相比较是不匹配的,因为女生在参与运动、使用体育设施、教练、接受训练、以及与参与体育相关的好处方面都被拒绝平等对待--这样做完全是无视教育修正案第九条以及基本的公平原则。女生参与体育运动既会得到短期益处也会得到长期益处。 参与体育活动对女孩子的健康、学业、以及未来职场上的发展有更加积极正面的促进作用。总之,不去分享曝露教育修正案第九条的问题以及触发解决方案的关键数据就会导致拒绝给女生们一个更好的未来。Fair Play analyzed 107 randomly selected high schools and found that less than half — just 48 percent — had posted any data at all about the participation rates by gender in their athletic programs as of June 2017. Among those that did post data, for the 2015-2016 school year, the 2016-2017 school year, or both, we found an average gap of 6 percentage points between the numbers of girls’ enrolled in the schools and the numbers of girls participating in sports programs. This finding may be conservative because it may be reasonable to assume even bigger participation gaps at schools that do not comply at all with SB 1349. Among schools that posted data, girls are afforded far fewer athletic opportunities than they should be given their enrollment numbers. This is the case even though girls account for approximately one half of all enrolled students. And studies demonstrate that girls are equally interested in playing sports. We also found that the lack of compliance with SB 1349 does not correlate with the racial, ethnic or socioeconomic composition of the school’s student body; inequities in sports for girls in California and failure by schools to post data that could shed light on

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the issue appear to cross racial, ethnic, and socioeconomic lines. Our report opens with a brief history of Title IX. And we describe the tools that SB 1349 creates to help identify and remedy gender based inequities in schools and school districts. We then review the requirements of SB 1349 and other similar reporting mandates and their limitations in exposing gender inequities. Finally, we describe our methodology, our findings with regard to compliance, and a summary of the manner in which the data is being reported. We further discuss what constitutes a sport under Title IX. We conclude with recommendations for ensuring that all schools and school districts comply with SB 1349 and suggestions for ways that they can improve their reporting on gender equity in sports. Finally, we offer a range of tools students and their advocates can use in the fight for gender equity in sports programs across California. California public and charter schools must step up to meet the obligations of SB 1349 by posting the specified data so that students, parents, guardians, school leadership, and the community can apply what they learn and ensure girls finally enjoy the promise of equity afforded under Title IX.

Fair Play项目分析了 107间随意挑选的学校数据,发现不到一半,即只有 48%的学校在 2017年 6月前公布了他们体育活动项目中的男女比例数字。在那些公布了数据的学校当中,不管是在 2015-2016年度或 2016-2017年度,或者两者一起,我们发现参与体育活动的女生和就读生的数据相比,平均有 6%的差距。实际情况可能比研究显示的数据更严重,如果把那些没有遵从 SB1349的学校也包括在内,有理由相信这个差距更大。在那些公布了数据的学校当中,和就读率相比,女生参与体育活动的机会比她们应当得到的机会要少得多。即使女生入学人数占了学生总数的大约一半,情况仍然如此。而研究显示女生参与体育活动的兴趣和男生没有什么两样。我们也发现,不遵守 SB1349的现象和学校所处社区的族裔背景以及社会经济状况没有关联,显示这方面的性别不平等现象、以及有助于了解问题所在的相关数据不能得到公布,是不分族裔背景以及经济背景的。我们报告开始的时候介绍了教育修正案第九条的历史。然后我们描述了 SB1349创造了那些工具来帮助辨识及纠正学校及学区的性别不平等。接着我们重温了 SB1349的有关要求以及其他类似的报告规定,以及它们在曝露性别不平等方面都有那些局限。最后,我们描述了我们的分析方法、我们对于法律遵守状况所得出的研究结果、以及对报告数据的方式所做的一个总结。我们还进一步讨论了根据第九条何谓体育活动的定义。我们最后针对如何确保所有的学校及学区都能遵守 SB1349提出了建议,并建议学校和学区应该如何改善体育活动性别平等的报告工作。最终,我们提供了一系列的办法,让学生和他们的支持者更有效地促成全加州体育活动中的性别平等。加州的公立学校及特许学校必须加紧努力,满足 SB1349的要求,公布具体数据,让学生、家长、监护人、学校领导、以及社区能够对了解的情况加以利用并确保女生最终能够享受教育修正案第九条所承诺的平等。Title IX’s History and the Inequity that SB 1349 Seeks to Remedy

The federal law known as Title IX,i which took effect 45 years ago, requires gender equity in all programs and facilities — including sports — at all schools that receive even a dollar of federal funding. The law seeks to ensure that girls are equally accommodated

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by the school’s athletic offerings.ii The law applies to elementary, middle, and high schools and institutions of higher education, but K-12 schools often are not held accountable for violating Title IX’s mandates. And few attorneys or other advocates are monitoring gender equity due to lacking resources and community-wide inattention to inequity issues, especially at the K-12 school level.

Unfortunately, many K-12 schools simply don’t abide by Title IX, and many girls and their families are unaware of their rights and how to exercise them. Members of the public need clear information about gender inequity in sports so they can start leveling playing fields throughout California. California’s Legislature passed SB 1349iii in 2014 with the goals of shining a light on sports participation and encouraging greater compliance with Title IX.

Sponsored by State Sen. Hannah-Beth Jackson (D-Santa Barbara), SB 1349 requires each school to post data on its website (or on its district’s website) about the gender breakdown of its students who participate in competitive sports, starting in 2015-2016. This provides a ready gauge — a “report card” on sports opportunities — that students, parents, guardians, school staff, coaches, and administrators can use to assess whether a school is providing girls with equal opportunities in athletics.

Schools have long been required to post or publish information about test scores and

other academic targets but were not previously required to disclose athletic participation data on their school or district site. Ensuring that girls have equal opportunities to play sports allows them to reap short-term and lifelong benefits. In comparison with non-athletes, those benefits experienced by female athletes include improved health and academic performance and — later in life — 7 percent higher wages.iv Girls who don’t get the chance to play sports also miss out on the related health, academic, and workforce advantages of participation, and they are not experiencing Title IX’s promise of gender equity in schools.

New analysisv from Fair Play for Girls in Sports reveals that schools are reporting SB 1349 data at a low rate, and even schools that are complying do not have equitable sports programs. Across California, 463,137 boys participate in competitive (private and public) high school sports but only 338,980 girls do, a difference of 124,157, despite girls’ strong interest in sports participation.vi That means girls make up just 42 percent of high school athletes, while high school enrollment statewide is about 49 percent female, a gap of nearly 7 percentage points. Our analysis of schools in compliance with SB 1349, conducted by a random sample of public high schools, reveals a similar average 6 percent gapvii between the enrollment of girls and girls’ athletic representation; this figure includes only those schools in our sample that have posted

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clear data. That is, on average, 90 more female athletes should be added to each of these randomly selected schools’ athletic programs to ensure that the percentage of girls participating in after-school sports matches the share of girls in the student body (the selected schools have an average enrollment of 1,765).

Federally funded California schools must step up to meet the demands of the law by posting athletics data so that students, parents, guardians, school staff, coaches, and the community can better understand and can act to remedy gender inequities.

Lack of accurate, current data led to passage of SB 1349

On the federal level, the web-based Equity in Athletics Data Analysisviii provides information about the number of female and male athletes at colleges and universities that receive federal funds, in comparison to enrollment, but such comprehensive data is not available for primary and secondary schools.ix The federal Department of Education hosts a civil rights data collection websitex with limited information about the number of

female and male athletes and enrollment at the high school level, but this information is difficult to locate, not available on school or district websites where parents can find it, and it is often outdated. Efforts to create a federal disclosure requirement for primary and secondary schools have failed.xi At the state level, California’s Department of Education does not require schools to report or post athletics data. And information on participation in sports is not in the department’s DataQuest system.xii 

SB 1349’s Requirements

SB 1349 requires each California public school that offers competitive athletics at the elementary or secondary level, including charters, to post: 

their enrollment, by gender; the number of male and female students participating in competitive athleticsxiii;

and the number of teams and competition levels afforded to girls and boys.

Schools must post the information annually on their website or their district’s website.

Methodology

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In our study,xiv Fair Play randomly selected 107 federally funded high schoolsxv in California to examine SB 1349 compliance.xvi We searched for SB 1349 data on the websites covering each school or its district. Fair Play analyzed the quality of the data, with a focus on whether the total enrollment and athletic participation figures are posted by gender. From the federal Department of Education’s Office for Civil Rights Civil Rights Data Collection website, we gathered information on each school’s student body’s racial/ethnic make-up, and the share of its students who qualify for free and reduced-price lunch.

A note on our math: As indicated, we compared the share of boys and girls in a school with the share participating in sports to come up with the percentage known as the “participation gap.” The gold standard under Title IX is that if enrollment is 49 percent girls, then 49 percent of participants in athletic programs should be girls. Across the schools clearly reporting data under SB 1349, we found enrollment is about 49 percent female, but girls made up just 43 percent of sports program participants and boys made up 57 percent. Thus, in a hypothetical sample school of 1000 students, with 490 girls

and 510 boys enrolled, there would be just 215 female athletes (43 percent) and 285 male athletes (57 percent). This hypothetical school would need to add 59 girls to existing teams and/or add new teams and levels to bring girls’ athletic participation up to 49 percent of the program and make it equitable.

Extrapolating from the average 6-percentage-point gap to the total enrollment at the schools in our sample

that have reported SB 1349 data, we found that on average 90 more girls should be participating in sports at each school (note: the average overall enrollment was 1,765 students).xvii There are over 11,000 K-12 public schools in California, including charter schools (which often accept federal funds rendering them covered by Title IX), and approximately three million female and three million male students enrolled.xviii Considering simply California’s 1,339 traditional high schools, there are approximately 120,510 girls who should be participating in sports that are currently sitting on the sidelines, if 90 more athletes are added to each high school.xix Girls wish to play in greater numbers but are cut, or their schools don’t offer novice-level to encourage learning, and girls aren’t surveyed about which sports they would like to play.xx And the number is probably greater: It’s reasonable to anticipate even bigger participation gaps at schools that do not post data in compliance with SB 1349.

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Findings about SB 1349 compliance

Our review of SB 1349 compliance by a random sample of 107 high schools in California shows:

Just 48 percent (51 of 107) are reporting SB 1349 athletics data on their school and/or district websites, meaning less than half of schools subject to the law are following it.

Schools posting data have average non-white enrollment of 70.1 percent, nearly the same as schools in our sample that are not posting data (70.5 percent), suggesting that non-compliance is not tied to a school’s racial/ethnic makeup.

Schools posting data have students who qualify for free and reduced-price lunch at a rate of 53.6 percent, nearly the same rate as schools not posting data (54.5 percent), revealing that non-compliance also does not correlate with this gauge of the socioeconomic status of a school’s student body.

Thus, lack of compliance with SB 1349 does not appear to correlate with the racial or socioeconomic composition of the community a school serves. Accordingly, these data reporting compliance issues appear to transcend the racial and socioeconomic makeup of California schools.

Findings on how schools report SB 1349 data

There is a great deal of room for improvement because so few schools post SB 1349 data. Following are our findings about the data that has been posted so far under SB 1349.

Posted material varies widely — Among schools in our sample that complied at least in part with SB 1349 in 2016 and 2017, posted data varies in at least six ways. This makes it difficult for a parent, guardian, student, community member, coach, or even school staff member to compare or use the information. Our research revealed these variations:

1. Several reporting schools failed to tally participation in athletics by gender and provided only sub-totals for each team or sport, rendering it hard to evaluate participation rates overall.

2. Schools posted very different levels of information. One school, for example, simply posted the number of girls and boys who participate in sports and the total number of male and female students, without noting sports or levels offered. Others schools posted a great deal more than required, including information on coaching.

3. Some districts combined data for all their schools into one document , even where the schools maintain their own websites and should place the data there. This

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made it harder to find and use the information on a localized level.

4. Finding the information typically requires a search of non-obvious terms like “SB 1349” or “Title IX” on the school site. Most schools place the data somewhere within the athletics area of the school website, under headings such as “Title IX” or “SB 1349,” but some label it with generic terms like “athletic data.”

5. Some schools explained the data and why it was posted, and others did not . Providing more context for the posting will help the community understand why the school or district is providing athletic participation data.

6. Only a handful of the randomly selected schools we studied explain how to follow up. At least one high school included the name and contact information for their Title IX Coordinator, along with their athletics data, in case a student wishes to discuss inequities with a staff member or administrator. Some schools include an athletic interest survey link, possibly in an attempt to learn which sports the underrepresented sex would like to play. Schools should provide follow-up contact information.

Note: Newly-passed California law SB 1375, will soon require (as of July 1, 2017) federally-funded California schools to post information regarding Title IX coordinators and related information.

Better compliance need not be costly or time-consuming — Non-reporting schools already compile much of the same athletics participation data for the California Interscholastic Federation (CIF), a nonprofit empowered by the state to govern private and public high school athletics, and by other entities such as the federal Department of Education’s Office for Civil Rights. In fact, CIF has surveys its member schools about sports participation for several years.xxi But CIF’s Participation Census hasn’t required schools to tally their male and female athletes to give the big picture of how many spots girls and boys fill throughout a school’s athletic program. Therefore, it should be relatively simple for schools to post the already collected data online in compliance with SB 1349. Fair Play, within its toolkit of SB 1349 materials (detailed below) offers a calculator for individuals to determine the number of girls a school should add to its athletic program to reach proportionality.

Cheerleading confusion – what constitutes a sport

Of the schools we studied that post athletics data in compliance with SB 1349, several attempted to include cheerleading. Currently, cheerleading is not recognized as a sport in California, based on Title IX guidance as interpreted by the courts and the federal Department of Education’s Office for Civil Rights. For cheerleading to count as compliant with Title IX, participants must receive the same types of benefits, treatment, and opportunities as comparable interscholastic

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athletes. Those include robust competition schedules, adequate coaching, and other support, regardless of whether CIF or the state Legislature labels the activity a “sport.” These standards will help ensure that girls reap the benefits of true athletic participation and don’t simply cheer on other teams. 

Conclusion and recommendations for improving compliance with SB 1349

Schools across California must immediately comply with SB 1349 and remedy the reporting deficiencies that Fair Play revealed. Girls need and deserve the lifelong benefits of participating in competitive sports, and federal and state laws require schools to provide girls and boys with equal access and opportunities to participate in competitive sports.

We recommend the following four improvements in reporting of SB 1349 data:

Schools and districts can readily use the gender data they already compile regarding enrollment, athletes, teams, and levels, and they should do so;

Schools should make their SB 1349 data easy to find online (preferably on their own websites rather than a district website);

Schools should include an explanation with their SB 1349 data of where it comes from, what it indicates, why it’s important, and how an individual can follow-up on inequity;

The data’s key elements — enrollment, numbers of athletes, numbers and levels of teams — must be clear and highlighted.

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Appendix 1

To help empower students and community members to take action, we offer the following resources:

a fact sheet on SB 1349; a brochure on Title IX to easily understand and explain to others the law’s

requirements; a sample demand letter to request change in any local school; an online calculator to determine how many more female athletes should be

added in any given school; a link to our short training video on Title IX; a fact sheet regarding cheerleading and whether/how it can be considered a

“sport”; and a webinar as to how Title IX operates in the K-12 schools athletics context.

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Appendix 2

Below is a sample posting (note: all sports, levels, and figures are simply hypothetical).

SB 1349 – Title IX Data: Pursuant to SB 1349, Education Code Section 221.9, beginning in the 2015-16 school year and every year thereafter, public primary and secondary schools (including charters) in California are required to publicly report information regarding the school’s competitive athletics to include total enrollment, classified by gender; the number of students enrolled at the school who participate in competitive athletics, classified by gender; and the number of boys’ and girls’ teams, classified by sport and by competition level.

Student Gender Total School Enrollment Number of AthletesFemale 500 200Male 500 200

Sport, Level, Co-Ed(?)Girls’ Teams

Number of female athletes

Boys’ Teams

Number of

male athletes

Baseball, Varsity 0 0 1 15Baseball, JV 0 0 1 12Basketball, Varsity 1 10 1 10Basketball, JV 1 10 1 9Cross Country, Varsity, Co-Ed 1 20 1 15

Football, Varsity, Co-Ed 0 2 0 25Football, JV 0 0 0 25Soccer, Varsity 1 20 1 15Soccer, JV 1 19 0 14Softball, Varsity 1 15 0 0Softball, JV 1 15 0 0Tennis, Varsity 1 16 1 13Track, Varsity, Co-Ed 1 25 1 20Volleyball. Varsity 1 15 1 12Volleyball, JV 1 18 0 0Wrestling, Varsity, Co-Ed 1 5 0 15Lacrosse, Varsity 1 10 0 0TOTALS 13 200 9 200

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i 20 U.S.C. § 1681, et. seq.ii Under Title IX, a school may meet the law’s requirements in one of three ways: (1) by showing substantial proportionality, or a close mirroring in the percentage of female students enrolled and female students participating in athletics; (2) by showing a history and continuing practice of program expansion for girls; or (3) showing girls’ interests in sports have been fully accommodated such that no more wish to play than currently do, such as through athletic interest surveys.iii Cal. Educ. Code § 221.9.iv “Based on the findings from 23 studies examining the effect of moderate and vigorous physical activity during adolescence on cancer risk, those who had the highest physical activity during adolescence and young adulthood were 20% less likely to get breast cancer later in life.” WOMEN’S SPORTS FOUND., Her Life Depends on It III, (Jan 21, 2016), available at http://www.womenssportsfoundation.org/wp-content/uploads/2016/08/hldoi-iii_full-report.pdf; see also NAT’L WOMEN’S LAW CTR., Finishing Last: Girls of Color and School Sports Opportunities, (May 2015), available at https://nwlc.org/wp-content/uploads/2015/08/final_nwlc_girlsfinishing last_report.pdf (“Although often overlooked, girls—particularly girls of color—drop out at high rates. . . . Playing sports increases the likelihood that they will graduate from high school, have higher grades, and score higher on standardized tests.”); Betsey Stevenson, Beyond the Classroom: Using Title IX to Measure the Return to High School Sports (Nat’l Bureau of Econ. Res., Working Paper No. 15728), (Feb. 2010), available at http://www.nber.org/papers/w15728.pdf (noting girls who play sports in high school make 7% higher wages later in life compared to their non-athletes peers).v All data supporting the conclusions of this report can be made available upon request.vi NATIONAL FEDERATION OF HIGH SCHOOLS, 2015-2016 Summary of Athletics Participation Totals By State at 56, available at http://www.nfhs.org/ParticipationStatistics/PDF/201516_Sports_Participation_Survey.pdf.vii Federal courts have found educational institutions in violation of Title IX for participation gaps of 6.7% (Ollier v. Sweetwater Union High Sch. Dist., 768 F.3d 843, 856–57 (9th Cir. 2014)) and 3.62% (Biediger v. Quinnipiac Univ., 691 F.3d 85, 91, 105–07 (2d Cir. 2012)).viii Equity in Athletics Data Analysis, U.S. Dept. of Education, available at https://ope.ed.gov/athletics/.ix For more information on the federal Equity in Athletics Disclosure Act, see National Women’s Law Center, Legislative Developments: The Equity in Athletics Disclosure Act, Breaking Down Barriers, available at https://nwlc.org/wp-content/uploads/2015/08/BDB07_Ch7and8.pdf.x U.S. DEPT. OF EDUCATION, Civil Rights Data Collection, available at https://ocrdata.ed.gov/DistrictSchoolSearch (currently, data is from 2013 and is self-reported by schools). xi See e.g., The High School Sports Information Collection Act of 2007, available at https://www.congress.gov/bill/110th-congress/senate-bill/518 (proposing the requiring of data collection from secondary schools regarding athletic programs, including participant gender and race, team schedules, budget, and other information).xii CA Dept. of Education, DataQuest, , available at http://www.cde.ca.gov/ds/sd/cb/dataquest.asp (facts about California schools and districts).xiii “’Competitive athletics’ means sports where the activity has coaches, a governing organization, and practices, and competes during a defined season, and has competition as its primary goal.” Cal. Educ. Code § 221.9.xiv This work, report, and related materials were made possible with support from the Flom Incubator Grant Program of the Skadden Foundation and the assistance of several attorneys and law students.xv Several dozen California public/charter middle schools were examined as well, given SB 1349 also applies to such schools, yet very few reported any data. This analysis was confined primarily to high schools, particularly given the great amount of resources and time focused on high school sports. Middle school sports are a critical feeder into high school athletics and thus, middle schools must increase compliance so as to provide data on gender inequity, allowing action and improvement.xvi Note, the majority of data posted references the 2015-2016 school year enrollment and athletics data. However, a handful of schools have begun posting their 2016-2017 data as this school year

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concludes, in accordance with the requirement that such data be shared every year.xvii Under Title IX, a school may meet the law’s requirements in one of three ways: (1) by showing substantial proportionality, or a close mirroring in the percentage of female students enrolled and female students participating in athletics; (2) by showing a history and continuing practice of program expansion for girls; or (3) showing girls’ interests in sports have been fully accommodated such that no more wish to play than currently do, such as through athletic interest surveys. Note, a few schools had a negative participation gap, meaning girls’ share of sports opportunities was larger than their share in enrollment, but this was rare. xviii See CalEdFacts, Fingertip Facts on Education in California, (Sept. 29, 2016), http://www.cde.ca.gov/ds/sd/cb/ceffingertipfacts.asp.xix Id.xx “[S]chools cannot use a myth that ‘boys are more interested in sports than girls,’ to justify providing more participation opportunities for boys than girls. There is no research that shows that boys are more interested in sports than girls. We do know that girls are just as interested in sports as boys when they are young. A combination of lack of opportunity, lack of peer group support when they do play sports and lack of encouragement causes them to drop out of sports at a rate that is two times greater than boys.” WOMEN’S SPORTS FOUNDATION, Mythbusting: What Every Female Athlete Should Know!, (Aug. 11, 2011) available at https://www.womenssportsfoundation.org/athletes/for-athletes/know-your rights/athletes/mythbusting-every-female-athlete-know/xxi CALIFORNIA INTERSCHOLASTIC FEDERATION, Participation Census, (June 1, 2017), available at http://www.cifstate.org/coaches-admin/census/index.