The Case for Requiring a Proportionality Test to Assess Compliance with Title IX in High School Athletics
Findlay, Patrick N.
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The debate over Title IX and athletics has neglected the impact that Title IX could have on high school athletic programs. An increased focus on high school athletic opportunity is important because the benefits for girls that participate in athletics as they grow up, and for society, are so significant. In this article, the author proposes that compliance with Title IX in high school athletics is only appropriately measured by way of a test that requires schools maintain athletic participation rates for each sex in proportion to the population of each sex within the school. Known as "the proportionality test," such a single-pronged test would be consistent with existing Department of Education Office of Civil Rights regulations, would be consistent with Title IX itself and would be constitutional.