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U.S. SENATOR PATRICK LEAHY

CONTACT: Office of Senator Leahy, 202-224-4242

VERMONT


January 29, 2003

The Honorable Rod Paige
Secretary
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-0498

Dear Mr. Secretary:

Our country’s ongoing effort to protect the civil rights of all Americans includes initiatives to guarantee equal opportunities for women. Accordingly, in 1972, Congress passed Title IX of the Education Amendments to ensure that programs receiving federal money do not discriminate based on gender. Thirty years later, we write to express our strong support for Title IX and to encourage you to defend the effective and fair enforcement tools that are being used to create unprecedented opportunities for women and girls.

As you know, Title IX has resulted in substantial increases in the number of young women participating in athletic and educational programs in America’s elementary and secondary schools, colleges and universities. The outstanding accomplishments of women in sports – from the WNBA to Olympic gold – are largely possible because the number of women participating in NCAA intercollegiate sports increased from fewer than 30,000 before 1972 to more than 150,000 in 2000. Girls and young women similarly increased their numbers in academic programs. In 1972, some colleges and universities excluded women from their campuses or withheld financial aid. Today, women comprise 56 percent of college students and are awarded 42 percent of doctoral degrees.

We are proud that Title IX is providing increased opportunities for girls and women. Yet, in spite of these gains for women, real disparities persist. For example, only 32 percent of college athletic recruiting budgets and only 42 percent of all inter-collegiate athletic scholarships are given to women. These and other examples indicate that President Bush must continue rigorous enforcement of Title IX, its regulations, and its 1979 Policy Interpretation. While some want to put "no women or girls allowed" signs on America’s playing fields, the Department of Education must ensure a level playing field. Any attempt to weaken the enforcement of Title IX would send the message to young women that their rights and abilities are not equal to those of men.

Recently, your Administration created a Commission to study Title IX. We support efforts to study and enhance our civil rights laws, but many who support Title IX have raised serious concerns about the composition of the panel and the proposals being considered. We are concerned that the

Commission’s conclusions will focus on alleged inequities for young men, who continue to receive the lion's share of athletics opportunities and resources, rather than on how to advance the underlying goal of equal opportunities for women and girls. It is important to note that the law does not require or encourage the elimination of opportunities for men as a means for compliance. We are also distressed by reports that the Commission's final recommendations will only serve to undermine – not strengthen – this important civil rights law.

As the Commission completes its work, we hope you will build on the successes achieved in the past 30 years, and we urge you to defend and strengthen the enforcement of current Title IX policies and regulations. If that is your goal, we will stand with you to achieve it. If, however, the proposals serve to undermine Title IX and its successes, be assured that as in the past, we in Congress will continue to support this important law.

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