RECOGNIZING TITLE IX'S 53RD ANNIVERSARY AND ITS POSITIVE IMPACT ON STUDENTS.

Legislation Document

SPONSOR:

Rep. Ross Levin & Sen. Poore

Reps. K. Johnson, Morrison, Kamela Smith; Sens. Sokola, Hoffner, Huxtable, Mantzavinos, Pinkney

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 73

RECOGNIZING TITLE IX'S 53RD ANNIVERSARY AND ITS POSITIVE IMPACT ON STUDENTS.

WHEREAS, the members of the 153rd General Assembly of the State of Delaware wish to recognize and commemorate the 53rd anniversary of the enactment of Title IX and to celebrate its history and monumental impact; and

WHEREAS, Title IX of the Educational Amendments of 1972, popularly referred to as Title IX, was passed on June 23, 1972, codifying protection from discrimination based on sex in educational programs, stating that “No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance;” and

WHEREAS, Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance, including approximately 17,600 local school districts, over 5,000 postsecondary institutions, charter schools, for-profit schools, libraries, and museums, and requires that these recipients operate their education programs and activities in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity; and

WHEREAS, recipients of federal financial assistance have Title IX obligations in many key areas, including recruitment, admissions, counseling, financial assistance, athletics, sex-based harassment, sexual violence, treatment of pregnant and parenting students, treatment of LGBTQIA+ students, discipline, single-sex education, and employment; and

WHEREAS, before Title IX, women were often excluded from, or had only limited access to, higher education programs, as colleges and universities set quotas for the admission of women or prohibited them altogether, and women who were accepted often had the requirement of higher test scores and grades for their admission; and

WHEREAS, discrimination based on sex did not cease after admission. Often, women had less access to scholarships and were excluded from "male" programs, such as medicine. They also faced more restrictive rules than their male peers, such as early curfews which resulted in a college graduation rate for women of 8%, which was almost half that of men in 1970; and

WHEREAS, since 1972, educational attainment rates among women have increased; as of 2022, the percentage of women who had completed at least high school increased to 95%, the percentage with an associate degree increased to 55%, the percentage with a bachelor's degree increased to 44%, and the percentage with a master's or higher degree increased to 12%; and

WHEREAS, prior to Title IX, there were just over 300,000 girls participating in high school and college athletics, and collegiate sports teams and scholarships were overwhelmingly reserved for men's athletics. Women's sports often received less than 5% of the overall athletics budget at colleges and universities, and only 15% of women in college participated in an organized or competitive sport; and

WHEREAS, the number of girls participating in high school sports has increased by ten times the amount prior to Title IX's adoption. Girls now make up 42% of high school athletes, and 44% of college athletes are now women; and

WHEREAS, nationwide, there are currently 3.4 million participation opportunities for high school girls, falling short of the 3.6 million participation opportunities boys received in high school sports more than 50 years ago, and more than 1 million behind the 4.5 million opportunities for high school boys currently participating in sports; and

WHEREAS, while Title IX has made several necessary and welcomed advancements in the protection against sexual discrimination, there is still work to be done for the next generation of students, including addressing research that has discovered that the difference between girls and boys sports is significantly greater when the student body is predominantly comprised of racial and ethnic minorities, addressing the education and pay gap that exists between degrees dominated by men and those dominated by women, and addressing the sexual harassment and discrimination based on sexual orientation and gender identity that continue to plague students at all levels; and

WHEREAS, the existence of Title IX thereby does not ensure equal opportunities unless it is enforced for everyone, particularly among girls and women of color, those with disabilities, and the LGBTQ+ community, where the gap is consistently the widest; and

WHEREAS, while Title IX has been instrumental in fostering more than 50 years of progress toward equality in educational institutions and the workplace, there remains progress to be made; and

WHEREAS, the State of Delaware therefore remains committed to ensuring campus safety, ending sex-based discrimination against all students in elementary, secondary, and higher education, and providing equal opportunities for all students; and

WHEREAS, our small state is full of incredible female athletes, including some with worldwide recognition, like WNBA player and Olympic Gold Medalist Elena Delle Donne and five-time member of the U.S. women’s national gymnastics team and 2017 world all-around champion gymnast Morgan Elizabeth Hurd; and

WHEREAS, Delaware will continue to build on the promise of Title IX for future generations and the State is committed to meeting the requirements of Title IX to provide girls with as many opportunities as possible as well as the tools they need to reach their goals; and

WHEREAS, the anniversary of Title IX provides an opportunity to reflect on the progress made in promoting gender equality in education and to reaffirm our commitment to upholding principles of equality, fairness, and inclusivity in educational settings to ensure equal access for all individuals, regardless of gender identity, race, ethnicity, sexual orientation, or socioeconomic status.

NOW, THEREFORE:

BE IT RESOLVED that the House of Representatives of the 153rd General Assembly of the State of Delaware, the Senate concurring therein, recognizes the impact of this historic legislation that is now in its 53rd year and is committed to continuing their efforts to promote gender equity, prevent discrimination and harassment, and create inclusive and supportive environments that empower all students to achieve their full potential.

BE IT FURTHER RESOLVED that the Delaware General Assembly urges the citizens of Delaware to continue their commitment to the ideals of Title IX and work to build upon its foundation to continue to expand the protection of equal rights.

SYNOPSIS

This resolution recognizes the 53rd anniversary of Title IX and its positive impact on students.