ERIC Number: ED203432
Record Type: Non-Journal
Publication Date: 1981
Reference Count: N/A
Title IX and Extracurricular Activities.
Greene, Loel; Mondschein, Eric
Chapter 11 of a book on school law highlights the legal context of extracurricular activities in relationship to sex discrimination. First, the legal issues raised by Title IX of the Education Amendments of 1972 are examined. In general, this statute, with limited exceptions, requires that extracurricular activities be open to students without regard to gender. Second, the right versus privilege controversy is explored. Here, the issue is not whether the students have an absolute right to participate in extracurricular activities but whether students, based on their gender, can be denied the benefits of activities provided by the state. Third, the issues concerning sex-based classification and discrimination are explored. Although sex-based classifications do not come to court with the same presumption as do those of race or national origin, courts have had little trouble in finding sex-based classifications in education that violate the Equal Protection Clause of the Fourteenth Amendment. Finally, the possible consequences of discriminatory actions are raised. (Author/MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Extracurricular Activities, Federal Regulation, Public Schools, School Districts, Sex Discrimination
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; Title IX Education Amendments 1972