Patsy T. Mink Gender Equity in Education Act of 2016

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this Act referred to as “title IX”) and the implementing regulations of title IX prohibit sex discrimination in federally funded education programs and activities.

Although title IX ensures equal opportunities to participate in athletics, female participation rates, especially for girls of color, lag far behind male participation rates. The National Women’s Law Center reports that only 64 percent of Black girls, 64 percent of Hispanic girls, and 53 percent of Asian-American girls play sports, compared to 76 percent of Caucasian girls. Female student athletes have been found to have higher levels of self-esteem and to be more likely to graduate from high school than female students who do not play sports. Although the availability of athletic scholarships facilitates access to higher education, many schools fail to award proportional athletic financial aid to females, which can affect the long-term employment outcomes and economic security of women.

Although title IX ensures gender equity in career and technical education, women are severely underrepresented in nontraditional fields. The American Association for the University of Women reports that females make up more than 70 percent of students enrolled in classes that prepare students for low-paying and historically female jobs, such as caregivers and cosmetologists and only 20 percent of students enrolled in classes that prepare students for high-paying and historically male jobs, such as energy technicians and electricians.

Although title IX ensures gender equity in the fields of science, technology, engineering, and mathematics (in this section referred to as “STEM”) education, women are disproportionately lost at nearly every stage of the STEM pipeline. The National Student Clearinghouse reports that the percentage of women earning STEM degrees has decreased over the past decade, with women earning 19 percent of engineering bachelor's degrees, 18 percent of computing bachelor's degrees, 42 percent of mathematics bachelor's degrees, and 39 percent of physical science bachelor’s degrees. In 2013, women of color earned only 6 percent of computing bachelor's degrees and 3 percent of engineering bachelor’s degrees.

Although title IX prohibits sex discrimination in employment in federally funded education programs, women comprise only 37.5 percent of tenured faculty and 22 percent of university presidents, and female representation in STEM drops at every faculty and leadership level. The National Science Foundation reports that women hold only 25 percent of all tenured and tenure-track positions and 17 percent of full professor positions in STEM fields, Black and Hispanic women together hold only 4.4 percent of all tenured and tenure-track positions and 1.5 percent of full professor positions in STEM fields, and Asian-American women hold only 6.1 percent of all tenured and tenure-track positions and 1.9 percent of full professor positions in STEM fields.

Although title IX protects against sexual and sex-based harassment and violence, more than 50 percent of girls in grades 7 through 12 experience sexual harassment each year and approximately 10 percent of high school students experience dating violence each year. A 2013 study by the Gay Lesbian Straight Education Network reports that 55 percent of lesbian, gay, bisexual, and transgender youth report feeling unsafe at school because of their sexual orientation and 38 percent report feeling unsafe because of their gender expression. Research has shown that students who experience harassment at school are more likely to experience depression and anxiety, to engage in unhealthy and antisocial behaviors, and to have more unexcused absences from school.

Although title IX guarantees access to medical leave, the availability of accommodations for pregnancy-related conditions, and the availability of enrollment in school-related activities for pregnant and parenting students, numerous studies have found that pregnancy and parenting are the leading reasons that females drop out of high school. A 2012 report from the National Women's Law Center shows that only 51 percent of teenage mothers earn a high school diploma by the age of 22, compared with 89 percent of women who do not have a child during their teenage years, limiting continuing opportunities for education and employment.

Although title IX protects against discrimination based on stereotypes of actual or perceived sex, gender, gender identity, or sexual orientation, many people carry implicit or unconscious biases that can unintentionally influence attitudes, beliefs, behaviors, and decisionmaking processes. Research has shown that unconscious biases can impact classroom environments, teaching methods, student evaluations, disciplinary practices, and career and counseling guidance, particularly for students who are pursuing nontraditional fields.

A State educational agency.

A local educational agency.

An institution of higher education.

An elementary school or secondary school.

Actual or perceived sex, sexual orientation, gender, or gender identity.

Pregnancy, childbirth, or a related medical condition.

A stereotype associated with any characteristic described in subparagraphs (A) or (B).

Supporting educational entities in the full implementation of title IX.

Providing title IX coordinators with training, technical assistance, and support to fully carry out their roles and responsibilities.

Providing grants to implement programs and activities that are focused on reducing and preventing sex discrimination in all areas of education.

Identifying and disseminating best practices for reducing and preventing sex discrimination in all areas of education.

Maintaining an Office of Gender Equity resource center website to disseminate best practices in achieving gender equity.

Performing any other activity consistent with achieving the purposes of this Act.

the Office for Civil Rights of the Department of Education;

the Institute of Education Sciences;

the White House Council on Women and Girls;

the Women's Bureau of the Department of Labor;

the Office on Women's Health of the Department of Health and Human Services;

the Civil Rights Division of the Department of Justice;

the Office on Violence Against Women of the Department of Justice;

the Centers for Disease Control and Prevention;

the Office of Safe and Healthy Students of the Department of Education; and

other entities determined relevant for carrying out the purposes of this Act.

increase awareness of and counteract sex stereotypes, biases, and discrimination;

include trainings for students, teachers, faculty, and all personnel to learn about best practices for reducing and preventing sex discrimination in all areas of education;

increase access to campus resources, facilities, and course offerings;

support title IX coordinators in performing outreach, advocacy, and education about title IX and reducing and preventing sex discrimination;

are aimed at identifying patterns or systemic problems in compliance with title IX;

strengthen prevention education and awareness programs regarding sexual and sex-based harassment and violence;

conduct and analyze campus climate and victimization surveys;

include institutional assessment activities to identify areas and causes of gender inequities;

make efforts to improve progress on gender equity indicators as described in subsection (c)(2)(A); and

make efforts to improve accuracy in measurement, data collection, and reporting of gender equity indicators as described in subsection (c)(2)(A).

the reduction and prevention of sex stereotyping, bias, and discrimination in curricula, textbooks, software, and other educational materials;

the development of policies and programs to—

the development and evaluation of—

best practices for mitigating implicit bias in teaching, discipline, and all areas of education;

best practices for addressing the needs of students who face compound discrimination; and

other activities that the Secretary determines are consistent with the purposes of this Act.

support educational entities in fully implementing title IX and reducing and preventing sex discrimination;

provide coordination, training, and resources for title IX coordinators to fully carry out their roles and responsibilities; and

promote equity in education for students who face compound discrimination.