Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2021

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 requires that schools treat students equally with regard to athletic participation opportunities, athletic scholarships, and the benefits and services provided to athletic teams, female participation rates, especially for girls of color, lag far behind male participation rates. Nationally, for example, boys receive more than 1,130,000 more opportunities to play high school sports than girls.

Furthermore, a recent study from the Women’s Sports Foundation found that African-American youth and youth from low-income households were least likely to be current players (35 percent and 28 percent respectively) and most likely to have never played sports (49 percent, and 54 percent respectively) compared to others. These disparities were especially prominent for girls from low-income families (25 percent current players, 58 percent never played) and African-American families (28 percent current players, 55 percent never played). The gaps in participation in high school sports have not significantly narrowed in the past 20 years—with 40 percent of predominantly minority-serving high schools having large gaps between the percentage of spots on teams for girls and the percentage of students who are girls (compared to only 16 percent of predominantly White high schools that have such gaps).

Female student athletes have been found to have higher levels of self-esteem, as well as reduced risk for cardiovascular disease, diabetes, osteoporosis, and breast cancer, compared to those who do not play sports. In addition, female student athletes are more likely to graduate from high school than female students who do not play sports. Girls who play sports in high school go on to earn 7 percent higher annual wages than those who do not play sports, and are more likely to enter the labor force and pursue higher-skill, previously male-dominated positions. Generally, sports participation for women is associated with a lower prevalence of experiencing intimate partner violence, reinforcing that athletic access not only strengthens health, educational, and workplace outcomes, but also personal safety.

Although the availability of athletic scholarships facilitates access to higher education, many institutions of higher education fail to award proportional athletic financial aid to women, which can affect their long-term employment outcomes and economic security. According to the Department of Education’s Equity in Athletics Disclosure Act data from 2019, male athletes at NCAA Division I and II schools received $240,000,000 more in athletic scholarships than female athletes at those schools.

Although title IX ensures gender equity in career and technical education, women are severely underrepresented in fields nontraditional to their gender. A recent study by the National Coalition for Women and Girls in Education indicated that women make up more than 80 percent of workers with training or certification in historically women-dominated occupations that pay less than $30,000 per year, including child care, early childhood education, home care, and cosmetology. Women represent less than 40 percent of workers trained or certified in high-paying and historically male-dominated fields, including transportation, advanced manufacturing, and construction.

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. A recent report by the National Center for Education Statistics showed that women earned only 32 percent of all STEM degrees in 2017, and nearly 1/2 of these women were White. Women of color earned about 12 percent of STEM degrees in that same year. Furthermore, in STEM fields where women are particularly underrepresented, such as computing and engineering, women earned an even smaller percentage of degrees, including only 19 percent of computing bachelor’s degrees, and 21 percent of engineering bachelor’s degrees.

Although title IX prohibits sex discrimination in employment in federally funded education programs, a recent report by the American Association of University Women found that women comprise only 36 percent of tenured faculty and 30 percent of university presidents. A similar study by the National Science Foundation confirmed that women only hold 34 percent of all tenured and tenure-track positions, and 27 percent of full professor positions in STEM fields. Furthermore, Black and Latina women, together, hold only 4 percent of all tenured and tenure-track positions, and barely over 2 percent of full professor positions in STEM fields. Asian-American women hold around 5 percent of all tenured and tenure-track positions, and less than 3 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 and 40 percent of boys in grades 7 through 12 experience sexual harassment each year, and approximately 10 percent of high school students experience dating violence each year. A recent GLSEN report indicated that 87 percent of lesbian, gay, bisexual, transgender, queer, and questioning (referred to in this section as “LGBTQ”) students have experienced harassment or assault based on a personal characteristic, and nearly 66 percent have experienced LGBTQ-related verbal harassment at school based on sexual orientation. Research has shown that LGBTQ 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 prohibits discrimination on the basis of pregnancy or parenting status, the limited availability of accommodations, including lactation accommodations, excused absences for pregnancy-related medical conditions, and child care needs (including caring for a sick child) is a leading reason that parenting mothers drop out of high school. A recent report by the National Women’s Law Center indicated that only half 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, and that one-third of young mothers will never get a diploma or GED, further limiting continuing opportunities for education and employment.

Although title IX protects against discrimination based on stereotypes of actual or perceived sex, 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, which can lead to discrimination against students based on race, color, national origin, and disability, particularly for students who are pursuing nontraditional fields.

Nationally, the Feminist Majority Foundation has estimated there at least 100,000 title IX coordinators are needed, but a recent report only identified 23,000 title IX coordinators in 2016. The Feminist Majority Foundation has found that schools serving children in prekindergarten through grade 12 rarely have their own title IX coordinators.

ESEA definitions— The terms “elementary school”, “institution of higher education”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Director— The term “Director” means the Director of the Office for Gender Equity established under section 5(a).

Educational entity— The term “educational entity” means any of the following entities that receive Federal funds:

Gender identity— The term “gender identity” means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.

National gender equity infrastructure— The term “national gender equity infrastructure” means the horizontal and vertical network of title IX coordinators and their allies who work to advance gender equity and eliminate discrimination in the United States.

Secretary— The term “Secretary” means the Secretary of Education.

Sex— The term “sex” includes—

Sexual orientation— The term “sexual orientation” means homosexuality, heterosexuality, or bisexuality.

Title ix coordinator— The term “title IX coordinator” means a responsible employee, as described in section 106.8(a) of title 34, Code of Federal Regulations, or successor regulations, designated to coordinate efforts under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).

advance gender equity in education in the United States;

support educational entities so that such entities have the support to fully implement title IX;

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

increase general awareness about the rights and obligations of individuals and entities under title IX;

identify, implement, and disseminate best practices for reducing and preventing sex discrimination in all areas of education;

promote educational environments that are safe and free of sexual and sex-based bullying, harassment, and violence;

promote equity in education for students who face discrimination based on multiple characteristics, including—

promote activities that strengthen the national gender equity infrastructure.

In general— The Secretary shall establish an Office for Gender Equity. The Director of the Office for Gender Equity shall be the Special Assistant for Gender Equity, as authorized under section 202(b)(3) of the Department of Education Organization Act (20 U.S.C. 3412(b)(3)). The Director of the Office for Gender Equity shall report directly to the Secretary.

Duties— The Office for Gender Equity shall be responsible for the following:

Coordination— To carry out the purposes of this Act, the Secretary shall coordinate with other relevant Federal offices and agencies, including—

In general— The Director shall provide coordination, training, technical assistance, and support for title IX coordinators to ensure that educational entities are able to fully implement title IX and reduce and prevent sex discrimination in all areas of education.

Handbook for conducting title IX compliance self-Evaluations— The Director shall develop a handbook for conducting self-evaluations of compliance with title IX in all areas of education, as described in subsection (b)(2)(D).

Assessment of title IX coordinator support— The Director shall collect relevant data and statistics on all title IX coordinators, including demographic information for gender, race, and ethnicity, salary information, budgets, and primary roles, in order to make recommendations for improving title IX coordinator support.

Dissemination— The Director shall ensure that the workplace contact information of all title IX coordinators and any training materials or information developed under this section are made available on the Office for Gender Equity resource center website, described in section 5(b)(5).

Use of funds— An eligible entity receiving a grant shall use such funds to carry out programs and activities designed to fully implement title IX and prevent and reduce sex discrimination, including programs and activities that—

Rule of construction— Nothing in this section shall be construed as prohibiting persons of any sex or gender from participating in any of the programs or activities funded under this section.

In general— The Secretary shall coordinate with the Director of the Institute of Education Sciences and other relevant Federal offices and agencies and entities to investigate, identify, and disseminate best practices to fully implement title IX and reduce and prevent sex discrimination in all areas of education, including—

Dissemination— The best practices described under subsection (a) shall be published on the Office for Gender Equity resource center website, as described in section 5(b)(5), and the What Works Clearinghouse website of the Institute of Education Sciences.

Report to congress— Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall publish a report on the steps the Department of Education has taken to—

Dissemination— The Secretary shall coordinate with the Director of the Institute of Education Sciences and the heads of relevant Federal agencies to ensure that the results of trainings, activities, evaluations, and research developments under this Act are made readily available on the Office for Gender Equity resource center website and disseminated widely to other relevant Federal agencies and offices, educational entities, and the general public.

as modifying any provision of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or

as affecting the enforcement of such title by the Department of Education, the Department of Justice, or any other Federal agency.

In general— There are authorized to be appropriated to carry out this Act $160,000,000 for each of fiscal years 2022 through 2026.

Use— From amounts made available to carry out this Act for each fiscal year, the Secretary shall use not less than $140,000,000 of such amounts to award grants under section 7.