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WHAT WE ALREADY KNOW

The Law:

No person in the United Stated shall on the basis of sex , be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX of the Education Amendments of 1972,

P.L. 92-318, 20 U.S. C.S. section 1681 et seq.

DEAR COLLEAGUE LETTERS

Medium through which the Office for Civil Rights informs persons of clarifications in the law

I will talk about 4 (2007, 2012 and 2013 –April and June) as they relate to physical education

2007 DEAR COLLEAGUE LETTER

Reaffirmed that, for the most part , all physical education classes must be co-educational

WHERE ARE WE NOW IN CO-EDUCATIONAL PHYSICAL EDUCATION IN SOUTHERN WISCONSIN?2011- “Why single-sex physical education

classes work best for us”

4 school districts - 20 + teachers

3 middle schools

1 junior/senior high school

3 high schools

THEY LIKED SEX-SEPARATE CLASSES…….

Ease for the teacher

Perceived increased effort of students

Tradition

Perceived reduction of behavior issues

Ability to understand and become confidents for students of the same sex

WHERE ARE WE NOW?

DPI Web site removed the statement that all physical education must be co-educational saying the information was already known

All school districts save one have maintained single-sex physical education classes

One elementary/middle school is separating gymnastics juxtaposed with basketball for their MS students

ONE SCHOOL DISTRICT

Beginning fall 2011 the middle schools in the school district with 2 high schools decided to separate by sex their 8th grade classes to better prepare them for high school

In November 2011 a complaint was filed against the high schools. Fall 2012 the 8th grade programs and the high school physical education classes became co-educational although still separate for swimming at the HS and one unit at one MS

WHY?

1) No one has complained or filed a complaint with their local Office for Civil Rights or the designated representative in the school.

2) To date no federal or state monies has been withheld

to school or school districts not in compliance

2012 APRIL DEAR COLLEAGUE LETTER

Title IX extends to all forms of sex-based harassment. Bullying, hazing, and cyberbullying are forms of sex-based harassment prohibited under Title IX.

Including sexual harassment, harassment based on a student’s failure to conform to gender stereotypes and sexual assault.

WHO IN PHYSICAL EDUCATION IS BEING BULLIED?Someone with a perceived weakness notably……..

a) physical incompetent -Portman, 1995; Carlson, 1995; Carney & Merrell, 2001; Hill, 2007

b) overweight or underdeveloped body type – Fox & Edmunds, 2000; Janssen, Craig, Boyce & Pickett, 2004; Trout & Graber, 2009

c) sexual orientation (LGBTG) - Morrow & Gill, 2003

d) different (disability, socially inappropriate behaviors)- Dwyer, 2006, O’Connor & Espelage in progress

HOW?

Direct Bullying-easily detectable and relatively overt- harmful acts of physical behavior and aggression. Once mostly males increased trend by females (pushing, kicking, hitting)

Direct Verbal Aggression – teasing, name calling, accusing, shouting in the face of the victim

Indirect Bullying-extremely covert and often unnoticed. Most commonly in females, increasing in males (social isolation, intentional exclusion, manipulation of others, spreading slanderous rumors).

Crothers & Levinson, 2004

THE RESULTS OF BEING BULLIED

Wanting to remain invisible (Portman, 1995; Trout & Graber, 2009)

Withdraw from being physically active in class and in general (Journal of Pediatric Psychology, 2014)

More at risk for psychosocial maladies such as depression, low self esteem, and anxiety (Juvonen, Graham & Schuster, 2003)

HOW DOES THE PE TEACHER RESPOND?Mostly students say that teachers don’t help (middle

school teachers are less adept in identifying bullies and victims than elementary school teachers) – Macklem, 2003

…by teachers not acting when incident(s) are reported

…thinking it is a one time occurrence

…indicating that the students should resolve the ‘problem’ themselves

…students making the complaint brought it on themselves O’Connor, dissertation 2012

STRATEGIES

for your school district’s written policy

for the training of all staff, teachers, students and

their parents/guardians

for the name of your Title IX school-site coordinator

APRIL 2013 DEAR COLLEAGUE LETTER……..unlawful to retaliate against an

individual because he or she made a complaint (formally or informally), testified or participated in any manner in an OCR investigation or proceeding

…..to retaliate included intimidating, threatening, coercing, or in any way discriminating against the individual because of the individuals complaint or participation.

JUNE 2013 DEAR COLLEAGUE LETTER

…….cannot discriminate on the basis of sex-including pregnancy, parenting, and all related conditions such as abortions in all……..

This means schools must give all students who might be, are, or have been pregnant the same access to school programs and educational opportunities that other students with temporary medical conditions have.

ABSENCES

Title IX requires that schools excuse absences due to pregnancy or any related conditions (including recovery from childbirth) for as long as the doctor says it is necessary for the student to be absent.

The student is still have to do any work missed while the student is absent from the school site

THANK YOU

Any questions of clarity?

We will ask for questions again at the end.