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1. Describe key methodologies for the practical application of financial management in healthcare organizations. 1.1 Describe capital budgeting and discuss why a separate capital budget is needed. 1.2 Explain how mortgages and bonds work. 1.3 Discuss the advantages and disadvantages of leasing as a source of long-term financing 1.4 Explain how debt payments and values can be computed.

6. Discuss the future of healthcare financial management in the United States. 6.1 Discuss the tools of investment analysis, including net present cost, annualized cost, net

present value, and internal rate of return.

Reading Assignment

Chapter 5: Capital Budgeting

Chapter 6: Long-Term Financing

Unit Lesson

In Unit IV, you will learn that assets with lifetimes of more than one year are often referred to as capital assets. The process of planning for the purchase of capital assets is often referred to by many as capital budgeting. A capital budget is prepared as a separate document which becomes part of the organization’s master budget. Keeping capital funds separate from operating funds is crucial, as you will learn. This certainly comes into play in healthcare organizations, considering all the technology and equipment we need for a modern healthcare facility today.

Capital assets are considered separately from the operating budget because it is not appropriate to charge the entire cost of a resource, which will last more than one year, to the operating budget of the year it is acquired. Who could ever justify buying a new hospital or clinic building if the entire cost of the construction were included as an operating expense in the year it was acquired? It would not make sense. However, when the cost of a new building is considered over a period of years, the approximate useful life of the building, then things begin to make sense. Later in the course, you will learn about depreciation schedules and ways to reflect equipment and facilities in the hospital financial statements.

Capital items also require special attention because (1) the initial cost is large, making a poor choice costly; (2) the items are generally kept a long time, so the organization often lives with any poor choices for a long time; (3) we can only understand the financial impact if we evaluate the entire lifetime of the assets; and (4) since we often pay for the asset early and receive payments as we use it later, the time value of money must be considered. You will see that the hospital or clinic board of directors pays special attention to capital decisions for these reasons. They do not scrutinize every payrate for nurses, therapists, or other staff, and they do not pay close attention to the prices of bandages or IV solutions, but they perk up considerably when the chief executive officer (CEO) talks about spending hundreds of thousands or even millions of dollars on a capital purchase!

There is a lot to think about when making capital decisions for a healthcare organization. Let’s take the example of a new computerized tomography (CT) scanner for the hospital. If we want the latest and greatest

UIT IV STUDY GUIDE

Planning – Part III

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UNIT x STUDY GUIDE

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technology in this field—all the bells and whistles—the total purchase price could easily exceed $1,000,000.00. Count the zeros—that is one million dollars. Now, that is a major investment for any healthcare organization. Meanwhile, if our CT technology is outmoded, we could lose millions of dollars in business when doctors and patients decide to take their CT business to another facility which has state-of- the-art technology. The reality in medicine today is that technology is almost always outmoded before it is actually worn out. Our old CT scanner may be working perfectly well for the functions and at the level for which is was designed to operate, but that is not good enough now. New CT technology which creates better images for physicians to interpret and entire new procedures may be available today that did not even exist a few years ago when our old CT scanner was manufactured. In order to be competitive and keep our staff members busy taking care of patients, we need to invest in a new scanner. The most common experience is that technology in departments like radiology, laboratory, respiratory therapy, and critical care will outmode approximately every three to five years. The process is ongoing; constant planning for replacement of technology that is not broken but is simply out of date.

Consideration of the time value of money requires careful attention to the principles of compound and discount interest. Present values and future values must be determined where appropriate to allow managers to make informed decisions. As of this writing, hospitals are seeing capital lease rates which are the lowest in many years. That is actually driving advancements in hospital technology which might now have been expected at this time.

Some hospitals are choosing three year capital leases with an option to buy out the technology at the end. That gives the hospital flexibility to watch technology change over three years and then decide what moves to make. For illustration, let’s go back to our CT scanner example. The monthly lease payments on a state-of- the-art scanner might be in the $10,000 to $15,000 per month range, but we should be able to generate considerably more than that amount each month in revenues from the service. As the end of the lease approaches, we can look at changes in technology, service volumes, reimbursement, and other factors, and ask ourselves this question: “Are we still glad that we bought this CT scanner, and do we want to keep it?” If the answer is yes, then we pay a predetermined amount to the vendor and keep the scanner for a few more years. More importantly, if technology has changed so much over the three years that our scanner is outmoded and we do not want to own it, then we simply turn it back over to the vendor and negotiate a deal for a new system. Capital leasing is working out well for a lot of hospitals today. The worst scenario for those who purchase technology outright is if we buy the equipment today and within a few months an advancement comes along that makes our equipment obsolete. Along with attractive lease rates, that is one reason why capital leasing is so popular today.

Often, it is necessary to employ time value of money (TVM) techniques such as net present cost, annualized cost, net present value, and internal rate of return when assessing potential capital investments. That is simply good business, and you will learn a lot about TVM as you read in your textbook this unit.

Unit IV goes on to consider that capital assets are often so costly that they cannot be paid for using just money generated from current operating activities. Instead, many organizations pay for the purchase of a building or major pieces of equipment by using long-term financing. Long-term financing refers to the various alternatives available to the organization to get the money needed to acquire capital assets. Long-term financing comes from either equity financing or debt financing. The common types of equity financing are retained earnings, stock issuance, taxes, and contributions. The common types of debt financing are notes, mortgages, and bonds. The options for long-term financing are different depending upon the type of healthcare facility you are managing. For example, some options are available only to not-for-profit healthcare organizations, other options are available only to government-owned facilities, and some are available to for- profits and all types of facilities. You will come to understand the options better as you study this unit.

Conclusion

Capital decisions are significant for healthcare organizations. They draw strong attention from the organization’s board of directors, and they should. One misstep in this area could cost the organization millions of dollars, and nobody wants that, so chief executive officers (CEO), chief financial officers (CFO), and department directors need to be very well versed in capital. You will have a much better understanding of that as you complete Unit IV!

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RESEARCH STARTERS ACADEMIC TOPIC OVERVIEWS

Title IX Education & the Law > Title IX

Abstract

Title IX of the Educational Amendments to the 1964 Civil Rights Act was signed into law in 1972. It bans any educational institu- tion that receives federal funds from discriminating on the basis of sex, and applies to all academic and extra-curricular programs.

Title IX has been praised as the chief factor behind the advances made in gender equity in education over the past three decades. In addition, the significant advances of women in higher educa- tion and in the workplace since the 1970s have been attributed by some to Title IX. Despite all this, Title IX is most well known for the impact it has had on intercollegiate athletics. The scale of women's collegiate athletic programs has increased exponen- tially during the past three decades, principally as a result of Title IX.

Overview

Title IX has been called "the most controversial topic in col- lege sports," and its legacy has likewise been called "a legacy of debate" (Suggs, 2002). A component of the 1972 Educational Amendments to the 1964 Civil Rights Act, Title IX was designed to end discrimination on the basis of sex in education, just as Title IV of the original 1964 Civil Rights Act had been designed to end discrimination on the basis of race. While many claims have been made about the exact impact Title IX has had on gender equity in education, one result of Title IX is overwhelm- ingly clear: it began, and continues to fuel, a vigorous debate about funding for, participation in, and the purpose of intercol- legiate athletics.

After the passage of Title IX, educational institutions accepted and applied the legislation to their academic programs without any resistance or debate (Suggs, 2002). Most college and second- ary school athletic programs, however, virtually ignored Title IX until a series of Supreme Court decisions during the 1990s made it clear that lack of compliance left schools vulnerable to lawsuits with monetary-damage claims. Partly as a result of this threat of prosecution, educational institutions increased their efforts to comply with Title IX's athletic provisions throughout the 1990s (Anderson, Cheslock, & Ehrenberg, 2006, p. 227). These efforts persist, albeit not without continued controversy.

Over the first four decades of its existence, Title IX has gar- nered many vocal supporters and critics. The supporters praise Title IX for expanding women's educational opportunities and changing American culture's expectations of what women can achieve. The critics charge Title IX with discriminating against men, as efforts to comply with the legislation have

Abstract

Overview

History

The Political Climate Surrounding Title IX

Title IX & Athletics

Enforcing Title IX

Applications

Content of Title IX

What Is Sex-Based Discrimination?

Title IX & College Athletics

The Three-Prong Test

Viewpoints

Impact of Title IX: The First 25 Years

Title IX at 40

The Debate over Title IX

Men's Athletics

Changing Athletic Models

Terms & Concepts

Bibliography

Suggested Reading

Table of Contents

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Title IX

led some institutions to eliminate men's teams in less widely popular sports such as wrestling and swimming. Despite these accusations, Title IX is legislation with which all educational institutions must comply.

History The Political Climate Surrounding Title IX During the late 1960s and the 1970s, the women's movement, what many refer to as the second wave of feminism, succeeded in focusing national attention on the sex-based inequalities that hampered American women's lives. One of the most deleteri- ous of these inequalities was the earning gap between men and women. Although women had, by this time, become a vital part of the American workforce, female wage earners were rarely paid as much as their male peers. Women's organizations and advocacy groups asserted that this earnings gap could be traced back to sex-based inequalities in education. Women filed class action lawsuits against colleges, universities, and the US fed- eral government, alleging that these institutions discriminated against women. All this encouraged Congress to focus on sexual discrimination in education and hold hearings on the subject in the summer of 1970 (U.S. Department of Justice, 2001).

This was the political climate out of which Title IX was born. Hoping to build on the momentum gained by the special hearings a year before, Representative Edith Green made an unsuccessful attempt to add a ban on sex-based discrimination to the 1971 Education Amendments. The next year, in an attempt to derail the renewal of the 1964 Civil Rights Act, conservative Southern congressmen added gender to the categories protected against discrimination. They hoped that the idea of equal opportunities for women would be distasteful enough to prevent the passage of the entire bill (Suggs, 2002). To their chagrin, the legislation was passed and Title IX became law.

Title IX & Athletics Title IX prohibits any educational institution receiving federal funds from discriminating in any activity or program on the basis of sex. In all academic and extra-curricular fields except athletics, Title IX was adopted and applied with little or no controversy (Suggs, 2002). In contrast, decades passed before Title IX was effectively enforced in the field of athletics. When Title IX became law in 1972, most colleges simply did not have varsity sports teams for women. According to the National Col- legiate Athletic Association (NCAA), while approximately 170,000 men participated in college sports programs in 1972, just under 30,000 women also participated (Suggs, 2002). In the first few years after Title IX was passed, it was unclear what, if anything, colleges and universities would be required to do to remedy this situation. The first interpretation of how Title IX applies to intercollegiate athletics was not issued until 1975, with a delayed compliance date of 1978. These initial instructions were generally felt to be too vague, so a more comprehensive

plan was issued by the US Department of Education's Office for Civil Rights in 1979 (Anderson et al., 2006).

Enforcing Title IX Although the 1979 plan included a three-part test to prove compli- ance with the portion of Title IX dealing with athletics, the test was ignored throughout most of the 1980s. The Carter, Reagan, and George H. W. Bush administrations put a low priority on enforcing Title IX, and as a result, educational programs felt no real need to comply with the law (Anderson et al., 2006). When, in 1984, the Supreme Court ruled that Title IX was only applicable to the spe- cific programs that directly received federal aid, athletic programs became legally exempt from compliance (Suggs, 2002). This situation lasted until 1988, when Congress, overriding a veto by President Reagan, enacted the Civil Rights Restoration Act. This law restored the broad interpretation of Title IX, in which Title IX applied to all programs or activities at institutions that received federal funds, whether or not a program was a direct recipient of these funds (U.S. Department of Justice, 2001).

Efforts on the part of collegiate athletic programs to enforce Title IX increased throughout the 1990s for several reasons. The US Department of Education's Office for Civil Rights is responsible for enforcing Title IX, and does so on a complaint-driven basis (Barnett, 2003). Until students started reporting discrimina- tion, and doing so in such a way that threatened more than just inconvenience for educational institutions, Title IX would not be enforced. This process of upping the stakes of Title IX compli- ance began in 1992 when the Supreme Court ruled in Franklin v. Gwinnett County Public Schools that the plaintiff in a Title IX lawsuit was entitled to monetary damages as long as the dis- crimination was intentional. In 1996, Cohen v. Brown University contributed to the increasing wariness on the part of colleges and universities of Title IX lawsuits. In this case, the Supreme Court held that Brown University was obliged to "adhere to strict cri- teria for demonstrating gender equity in intercollegiate athletics" (Anderson, et al., 2006, p. 228). This decision was particularly startling because Brown already had more women's sports teams than any other university besides Harvard. The decision con- vinced schools that until they were in strict compliance with Title IX, they would be vulnerable to lawsuits. Another factor that helped plaintiffs in such lawsuits was the Equity in Athletics Disclosure Act, which Congress passed in 1994. This law man- dated that institutions give free access to data about their men's and women's athletics programs. Access to this data helped the federal government more easily gauge compliance with Title IX. Finally, unlike its predecessors, the Clinton administration made enforcing Title IX a priority (Anderson et al., 2006).

Currently, educational institutions are generally committed to enforcing Title IX in their educational programs. Compliance, however, is not always easy. Much controversy has been caused in recent years by schools who have decided to eliminate men's sports teams, especially wrestling teams, in order to attain com- pliance with Title IX.

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Title IX

Applications Content of Title IX According to the US Department of Education, Title IX "is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiv- ing federal financial assistance" (Office for Civil Rights, 1980, p. 375). This essentially means that institutions must provide students with academic and extra-curricular opportunities on a "gender-neutral basis" (Anderson et al., 2005, p. 225). While Title IX is most well-known in relation to college athletics, the legis- lation is applicable to myriad other aspects of education. The text of Title IX specifies the law as being applicable to admission, recruitment, housing, facilities (such as locker rooms), access to course offerings, access to schools operated by local educational agencies (LEAs), counseling, financial assistance, employment assistance to students, health insurance benefits, athletics, text- books and curricular materials, and marital/parental status. In regards to this last category, Title IX has made it illegal for high schools to prevent a pregnant teenager from finishing her degree (U.S. Department of Education, Office for Civil Rights, 1980). Title IX additionally prohibits sexual harassment and requires, "as a condition of receipt of federal financial assistance [that] if a recipient is aware, or should be aware, of sexual harassment, it must take reasonable steps to eliminate the harassment, prevent its recurrence and, where appropriate, remedy the effects" (U.S. Department of Justice, 2001, p. 100). Only educational insti- tutions that are operated by an entity controlled by a religious organization whose religious tenets are inconsistent with Title IX are exempted from enforcing the legislation's various provisions (U.S. Department of Justice, 2001, p. 11).

What Is Sex-Based Discrimination? Title IX prohibits three distinct types of sex-based discrimina- tion: disparate treatment, disparate impact, and retaliation. The US Department of Justice (2001) defines disparate treatment as "actions that treat similarly situated persons differently on the basis of a prohibited classification," such as sex (p. 57). Dis- parate impact "focuses on the result of the action taken, rather than the intent" (p. 63). Disparate impact applies to a policy that seems to be sex-neutral but that has the result of discriminating on the basis of sex. For example, a successful lawsuit brought against the National Merit Scholarship program claimed that by relying solely on SAT scores in determining scholarship eligibil- ity, the program discriminated against female applicants (p. 67). Title IX's prohibition of retaliation is designed to protect people who file Title IX complaints as well as the people who investi- gate these complaints from retaliation by the accused. In short, it is intended to "preserve the integrity and effectiveness of the enforcement process itself" (p. 71).

Title IX & College Athletics Title IX is most well known for its provisions related to col- lege athletic programs. Title IX specifically requires schools to provide men's and women's sports programs with equal "ben-

efits and services." This includes "scholarships, travel expenses, practice and competitive facilities, equipment and supplies, scheduling and practice times, and number and compensation of coaches and locker rooms" (Burnett, 2003). The legislation also contains more opaque compliance criteria. For this reason, the US Department of Education has issued very specific guidelines about what schools must do in order to be in compliance with Title IX.

The Three-Prong Test These guidelines include what was originally referred to as the three-part test (U.S. Department of Education, Office for Civil Rights, 2005) but today is known as the "three-prong test." The three-prong test has become the primary measure used in law- suits to gauge institutional compliance with Title IX (Anderson et al., 2006). According to the Office for Civil Rights, an institu- tion is judged to be in compliance if it meets any one of three parts of the following test:

• "the percent of male and female athletes is substantially proportionate to the percent of male and female students enrolled at the school; or

• "the school has a history and continuing practice of expanding participation opportunities for the underrepre- sented sex; or

• "the school is fully and effectively accommodating the interests and abilities of the underrepresented sex" (Dept. of Education, 2005, p. iii).

The most effective way to prove compliance with the three-prong test has long been considered to be the first criteria: ensuring that the ratio of men to women who participate in the sports programs is proportionate to the ratio of men to women enrolled in the college or university. As long as a college has the same propor- tion of female athletes as it does female students, it can claim "substantial proportionality" and be safe from potential lawsuit (Suggs, 2002). Recently, more schools have begun to explore test three, often using surveys to prove that they are accommo- dating female students' interests and abilities. As a result, the US Department of Education's Office for Civil Rights in 2005 offered new guidelines on how to properly compose and admin- ister such a survey.

Viewpoints Impact of Title IX: The First 25 Years Significant disagreement exists as to the exact impact Title IX has had on education, American culture, and college sports. The Department of Education has credited Title IX with many of the advancements women have made in education and in the work- place (U.S. Department of Education, Office for Civil Rights, 1997). In a press release celebrating the 25th anniversary of Title IX, it refers to women's advancements in these fields as "the

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Title IX

great untold story of success that resulted from the passage of Title IX" (U.S. Department of Education, Office for Civil Rights, 1997). The report goes on to cite a number of statistics as evi- dence of this claim:

• "In 1994, 63 percent of female high school graduates aged 16-24 were enrolled in college, up 20 percentage points from 43 percent in 1973.

• "In 1994, 27 percent of both men and women had earned a bachelor's degree. In 1971, 18 percent of young women and 26 percent of young men had completed four or more years of college.

• "In 1994, women received 38 percent of medical degrees. When Title IX was enacted in 1972, only 9 percent of medical degrees went to women.

• "In 1994 women earned 38 percent of dental degrees, whereas in 1972 they earned only 1 percent of them.

• "In 1994 women accounted for 43 percent of law degrees, up from 7 percent in 1972.

• "In 1993-94, 44 percent of all doctoral degrees awarded to U.S. citizens went to women, up from only 25 percent in 1977" (U.S. Department of Education, Office for Civil Rights, 1997).

The report also includes statistics on women's involvement in college athletics, the area in which Title IX is considered to have had the biggest impact:

• "Today [in 1997], more than 100,000 women participate in intercollegiate athletics--a fourfold increase since 1971.

• "In 1995, women comprised 37 percent of college student athletes, compared to 15 percent in 1972.

• "In 1996, 2.4 million high school girls represented 39 per- cent of all high school athletes, compared to only 300,000 or 7.5 percent in 1971. This represents an eightfold increase" (U.S. Department of Education, Office for Civil Rights, 1997).

Since 1997, the percentage of women involved in high school and college athletics has only increased (Suggs, 2002; Anderson et al., 2006, p. 226).

Title IX at 40 Despite many the myths and misconceptions that still surround- ing Title XI, quite a lot has changed in women’s participation in athletics over the past forty years. For example,

• "The number of young women who played high school sports was just under 300,000 in the early 1970s. By 2011, the figure was over 3 million (Kane, 2012, p. 3; Ladda, 2012, p. 16).

• "Prior to Title IX, sports scholarships for women were unheard of. By 2012, almost 43 percent of all college athletes who received scholarships were women (Kane, 2012, p. 3).

• "Of the gold medals won by the American team during the 2012 Olympic Games in London, England, 66 percent were won by women (Kane, 2012, p. 3).

The Debate over Title IX As is evidenced by the above statistics, most commentators on the debate over Title IX, and especially Title IX's supporters, tout the legislation as causing a sea of change in American culture's attitude towards women. The most common debate about Title IX is not over whether the legislation has been effective, but over whether its gains have been worth the cost. Namely, have male students and men's athletic programs suffered as a result of Title IX?

Men's Athletics Critics of Title IX charge that it has "spawned resentment and confusion" and led to a state of affairs where there is "serious dis- crimination going on against men" (Darden, 2007, p. 41; Suggs, 2002). These critics are angered by the decision of many universi- ties to achieve Title IX compliance by cutting men's nonrevenue sports. If a school cannot afford to achieve "substantial propor- tionality" by boosting the number of its women's sports teams, then it may find the funds to do so by eliminating some men's teams. For many schools this has meant cutting less popular sports such as wrestling and tennis. Many college athletic coaches claim that this approach is especially illogical because there are simply more men on campus interested in playing sports. These coaches find that while they have to recruit women on campus to fill spots on some women's teams, they have to turn campus men away from walk-on spots on men's teams (Suggs, 2002).

Supporters of Title IX disagree (Suggs, 2002) and point out that the same athletic departments that cut men's wrestling and tennis teams spend an enormous portion of their budget on rev- enue-generating sports such as men's football and basketball. According to Fagan and Cyphers (2012), Division 1-A schools spent 59 percent of their athletic budget for men’s sports on foot- ball (59 percent) and basketball (19 percent) in the 2009–2010 school year. When non-revenue generating men’s sports such as wrestling or tennis are cut, it is usually not to fund women’s programs but rather to put more money into the already success- ful revenue-generating sports programs such as football. Rutgers University, for example, cut the men’s tennis program in 2006, which had a budget of $175,000. The university spent that same amount in 2006 housing football players in hotel rooms the night before six home games (National Women’s Law Center, 2012).

Changing Athletic Models This debate over Title IX has sparked a larger debate over the nature of college athletic programs. Many intercollegiate athlet- ics programs are run on a "commercial model," whereby schools

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Title IX

invest in the most lucrative sports, namely football, and hope to generate revenue by doing so (Porto, 2005, pp. 29–30). Sup- porters of Title IX suggest that educational institutions' sports programs should instead follow a "participation model," whereby athletics are valued not according to their commercial worth, but as a rewarding part of a liberal arts education. In a participa- tion model, the principal beneficiaries of college athletics are not fans, television stations, colleges, or athletic departments, but student athletes (2005, p. 30).

At this point in time, male athletes and men's sports coaches continue to file lawsuits challenging the application of Title IX to intercollegiate athletics. Despite the anger generated over the elimination of men's sports teams, all indications show that col- lege athletic departments will have to continue to make Title IX compliance a top priority when allocating resources and bal- ancing budgets. Although future lawsuits might slightly alter protocols for complying with Title IX, the general spirit of the legislation with its absolute insistence on gender equity will almost certainly remain unchanged.

Terms & Concepts

Educational Institution: A local educational agency (LEA), meaning a school district that supervises public elementary and secondary schools; a preschool; a private elementary or second- ary school; any institute of undergraduate or graduate higher education; or any institute of professional or vocational educa- tion.

Gender Equity: The equal and fair assignment of resources, opportunities, and decision-making responsibilities to both men and women.

Nonrevenue Sports: Often referred to as Olympic sports, this group includes swimming, wrestling, and men's gymnastics, among others. These sports do not typically generate revenue at the college level.

Revenue Sports: Collegiate level sports such as football and basketball, which sometimes (but not always) generate revenue through ticket sales or participation in major tournaments.

Sex-Based Discrimination: Situation in which the sex of an individual either directly or indirectly results in their receiving unequal treatment, all other factors being equal.

Three-Part Test: Devised by the U.S. Department of Education's Office for Civil Rights, it is the primary means used to gauge institutional compliance with Title IX's athletic provisions.

US Department of Education's Office for Civil Rights: The mis- sion of this government office is to ensure that all citizens are given equal access to education. This office assists those who

face discrimination in education by resolving discrimination complaints and by attempting to prevent discrimination. The Office does this in part by helping institutions to reach voluntary compliance with all civil rights laws.

Bibliography

Anderson, D., Cheslock, J., & Ehrenberg, R. (2006) Gender equity in intercollegiate athletics: Determinants of Title IX compliance. Journal of Higher Education, 77 (2), 225-250. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete http://search. ebscohost.com/login.aspx?direct=true&db=ehh&AN=199 88333&site=ehost-live

Burnett, S. (2003, June 9). Revolution number IX. Community College Week, 15 (22), 6-9. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=10064699&site=ehost-live

Darden, E. (2007). Even out the playing field. American School Board Journal, 194 (2), 41-42. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.asp x?direct=true&db=ehh&AN=23639598&site=ehost-live

Fagan, K., & Cyphers, L. (2012, April 29). Five myths about Title IXZ. ESPN W. Retrieved December 12, 2013, from http://espn.go.com/espnw/title-ix/article/7729603/five- myths-title-ix

Kane, Mary Jo. (2012, September ). Title IX at 40: Examining mysteries, myths, and misinformation surrounding the historic federal law.Fortieth Anniversary of Title IX: Status of Girls’ and Women’s Sports Participation, 13(2), 2–9. Retrieved December 12, 2013, from https://www.presidentschallenge.org/informed/digest/ docs/201209digest.pdf

Ladda, Shawn. (2012, September ). Examining Title IX at 40: Historical development, legal implications, and gover- nance structures.Fortieth Anniversary of Title IX: Status of Girls’ and Women’s Sports Participation, 13(2), 10–20. Retrieved December 12, 2013, from https://www.presi- dentschallenge.org/informed/digest/docs/201209digest.pdf

McAndrews, P. J. (2012). Keeping Score: How universities can comply with Title IX without eliminating men's collegiate athletic programs. Brigham Young University Education & Law Journal, (1), 111–140. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=74995628

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National Women’s Law Center. (2012, January 30). Debunking the myths about Title IX and athletics. Title IX Fact Sheet. Retrieved December 12, 2013, from http://www.nwlc.org/ resource/debunking-myths-about-title-ix-and-athletics

Pieronek, C. F. (2012). The 2010 "dear colleague" letter on Title IX compliance for college athletic programs: Pointing the way to proportionality . . . again. Journal of College & University Law, 38(2), 277–318. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost. com/login.aspx?direct=true&db=ehh&AN=75378461

Porto, B. (2005). Changing the game plan: A participation model of college sports. Phi Kappa Phi Forum, 85 (3), 28-31. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search. ebscohost.com/login.aspx?direct=true&db=ehh&AN=189 73859&site=ehost-live

Stromquist, N. P. (2013). Education policies for gender equity: Probing into state responses. Education Policy Analysis Archives, 21(65), 1–28. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=90024100

Suggs, W. (2002, June 21). Title IX at 30. Chronicle of Higher Education, 48 (41), A38-41. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=6884866&site=ehost-live

U.S. Department of Education. (1997). Title IX: 25 years of progress. Washington, D.C. Retrieved March 16, 2007, from http://www.ed.gov/pubs/TitleIX/index.html

U.S. Department of Education, Office for Civil Rights. (1980). Title IX regulations. Washington, D.C. Retrieved March 16, 2007, from http://www.usdoj.gov/crt/cor/coord/titleix. htm

U.S. Department of Education, Office for Civil Rights. (2005). Additional clarification of intercollegiate athletic policy: Three-part test - Part three. Washington, D.C. Retrieved

March 16, 2007, from http://www.ed.gov/about/offices/list/ ocr/docs/title9guidanceadditional.html

U.S. Department of Justice. (2001). Title IX legal manual. Washington, D.C. Retrieved March 16, 2007, from http:// www.usdoj.gov/crt/cor/coord/titleix.htm

Suggested Reading

Anderson, D. & Cheslock, J. (2004, May). Institutional strate- gies to achieve gender equity in intercollegiate athletics: Does Title IX harm male athletes? American Economic Review, 94 (2), 307-311. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=true&db=e hh&AN=13708894&site=ehost-live

Gender equity in college sports. (2007). The Chronicle of Higher Education. Washington, D.C. Retrieved March 17, 2007 from http://chronicle.com/stats/genderequity

Hardy, L. (2012). The legacy of Title IX. American School Board Journal, 199(8), 12–15. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=78045786

Hogshead-Makar, N. (2003). The ongoing battle over Title IX. USA Today Magazine, 132(2698), p. 64-66. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete http://search.ebscohost.com/login.aspx ?direct=true&db=ehh&AN=10208246&site=ehost-live

Pickett, M., Dawkins, M. P., & Braddock, J. (2012). Race and gender equity in sports: Have white and African American females benefited equally from Title IX?. American Behavioral Scientist, 56(11), 1581–1603. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search. ebscohost.com/login.aspx?direct=true&db=ehh &AN=82506678

U.S. Department of Education, Office for Civil Rights. (2004). Sex discrimination. Retrieved March 17, 2007, from http:// www.ed.gov/policy/rights/guid/ocr/sex.html

Essay by Ashley L. Cohen; Edited by Karen A. Kallio, M.Ed. Ms. Kallio earned her B.A. in English from Clark University and her Master's in Education from the University of Massachusetts at Amherst. She lives and works in the Boston area.

Copyright of Title IX -- Research Starters Education is the property of Great Neck Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.

EBSCO Research Starters® • Copyright © 2014 EBSCO Information Services, Inc. • All Rights Reserved

RESEARCH STARTERS ACADEMIC TOPIC OVERVIEWS

Title IX Education & the Law > Title IX

Abstract

Title IX of the Educational Amendments to the 1964 Civil Rights Act was signed into law in 1972. It bans any educational institu- tion that receives federal funds from discriminating on the basis of sex, and applies to all academic and extra-curricular programs.

Title IX has been praised as the chief factor behind the advances made in gender equity in education over the past three decades. In addition, the significant advances of women in higher educa- tion and in the workplace since the 1970s have been attributed by some to Title IX. Despite all this, Title IX is most well known for the impact it has had on intercollegiate athletics. The scale of women's collegiate athletic programs has increased exponen- tially during the past three decades, principally as a result of Title IX.

Overview

Title IX has been called "the most controversial topic in col- lege sports," and its legacy has likewise been called "a legacy of debate" (Suggs, 2002). A component of the 1972 Educational Amendments to the 1964 Civil Rights Act, Title IX was designed to end discrimination on the basis of sex in education, just as Title IV of the original 1964 Civil Rights Act had been designed to end discrimination on the basis of race. While many claims have been made about the exact impact Title IX has had on gender equity in education, one result of Title IX is overwhelm- ingly clear: it began, and continues to fuel, a vigorous debate about funding for, participation in, and the purpose of intercol- legiate athletics.

After the passage of Title IX, educational institutions accepted and applied the legislation to their academic programs without any resistance or debate (Suggs, 2002). Most college and second- ary school athletic programs, however, virtually ignored Title IX until a series of Supreme Court decisions during the 1990s made it clear that lack of compliance left schools vulnerable to lawsuits with monetary-damage claims. Partly as a result of this threat of prosecution, educational institutions increased their efforts to comply with Title IX's athletic provisions throughout the 1990s (Anderson, Cheslock, & Ehrenberg, 2006, p. 227). These efforts persist, albeit not without continued controversy.

Over the first four decades of its existence, Title IX has gar- nered many vocal supporters and critics. The supporters praise Title IX for expanding women's educational opportunities and changing American culture's expectations of what women can achieve. The critics charge Title IX with discriminating against men, as efforts to comply with the legislation have

Abstract

Overview

History

The Political Climate Surrounding Title IX

Title IX & Athletics

Enforcing Title IX

Applications

Content of Title IX

What Is Sex-Based Discrimination?

Title IX & College Athletics

The Three-Prong Test

Viewpoints

Impact of Title IX: The First 25 Years

Title IX at 40

The Debate over Title IX

Men's Athletics

Changing Athletic Models

Terms & Concepts

Bibliography

Suggested Reading

Table of Contents

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Title IX

led some institutions to eliminate men's teams in less widely popular sports such as wrestling and swimming. Despite these accusations, Title IX is legislation with which all educational institutions must comply.

History The Political Climate Surrounding Title IX During the late 1960s and the 1970s, the women's movement, what many refer to as the second wave of feminism, succeeded in focusing national attention on the sex-based inequalities that hampered American women's lives. One of the most deleteri- ous of these inequalities was the earning gap between men and women. Although women had, by this time, become a vital part of the American workforce, female wage earners were rarely paid as much as their male peers. Women's organizations and advocacy groups asserted that this earnings gap could be traced back to sex-based inequalities in education. Women filed class action lawsuits against colleges, universities, and the US fed- eral government, alleging that these institutions discriminated against women. All this encouraged Congress to focus on sexual discrimination in education and hold hearings on the subject in the summer of 1970 (U.S. Department of Justice, 2001).

This was the political climate out of which Title IX was born. Hoping to build on the momentum gained by the special hearings a year before, Representative Edith Green made an unsuccessful attempt to add a ban on sex-based discrimination to the 1971 Education Amendments. The next year, in an attempt to derail the renewal of the 1964 Civil Rights Act, conservative Southern congressmen added gender to the categories protected against discrimination. They hoped that the idea of equal opportunities for women would be distasteful enough to prevent the passage of the entire bill (Suggs, 2002). To their chagrin, the legislation was passed and Title IX became law.

Title IX & Athletics Title IX prohibits any educational institution receiving federal funds from discriminating in any activity or program on the basis of sex. In all academic and extra-curricular fields except athletics, Title IX was adopted and applied with little or no controversy (Suggs, 2002). In contrast, decades passed before Title IX was effectively enforced in the field of athletics. When Title IX became law in 1972, most colleges simply did not have varsity sports teams for women. According to the National Col- legiate Athletic Association (NCAA), while approximately 170,000 men participated in college sports programs in 1972, just under 30,000 women also participated (Suggs, 2002). In the first few years after Title IX was passed, it was unclear what, if anything, colleges and universities would be required to do to remedy this situation. The first interpretation of how Title IX applies to intercollegiate athletics was not issued until 1975, with a delayed compliance date of 1978. These initial instructions were generally felt to be too vague, so a more comprehensive

plan was issued by the US Department of Education's Office for Civil Rights in 1979 (Anderson et al., 2006).

Enforcing Title IX Although the 1979 plan included a three-part test to prove compli- ance with the portion of Title IX dealing with athletics, the test was ignored throughout most of the 1980s. The Carter, Reagan, and George H. W. Bush administrations put a low priority on enforcing Title IX, and as a result, educational programs felt no real need to comply with the law (Anderson et al., 2006). When, in 1984, the Supreme Court ruled that Title IX was only applicable to the spe- cific programs that directly received federal aid, athletic programs became legally exempt from compliance (Suggs, 2002). This situation lasted until 1988, when Congress, overriding a veto by President Reagan, enacted the Civil Rights Restoration Act. This law restored the broad interpretation of Title IX, in which Title IX applied to all programs or activities at institutions that received federal funds, whether or not a program was a direct recipient of these funds (U.S. Department of Justice, 2001).

Efforts on the part of collegiate athletic programs to enforce Title IX increased throughout the 1990s for several reasons. The US Department of Education's Office for Civil Rights is responsible for enforcing Title IX, and does so on a complaint-driven basis (Barnett, 2003). Until students started reporting discrimina- tion, and doing so in such a way that threatened more than just inconvenience for educational institutions, Title IX would not be enforced. This process of upping the stakes of Title IX compli- ance began in 1992 when the Supreme Court ruled in Franklin v. Gwinnett County Public Schools that the plaintiff in a Title IX lawsuit was entitled to monetary damages as long as the dis- crimination was intentional. In 1996, Cohen v. Brown University contributed to the increasing wariness on the part of colleges and universities of Title IX lawsuits. In this case, the Supreme Court held that Brown University was obliged to "adhere to strict cri- teria for demonstrating gender equity in intercollegiate athletics" (Anderson, et al., 2006, p. 228). This decision was particularly startling because Brown already had more women's sports teams than any other university besides Harvard. The decision con- vinced schools that until they were in strict compliance with Title IX, they would be vulnerable to lawsuits. Another factor that helped plaintiffs in such lawsuits was the Equity in Athletics Disclosure Act, which Congress passed in 1994. This law man- dated that institutions give free access to data about their men's and women's athletics programs. Access to this data helped the federal government more easily gauge compliance with Title IX. Finally, unlike its predecessors, the Clinton administration made enforcing Title IX a priority (Anderson et al., 2006).

Currently, educational institutions are generally committed to enforcing Title IX in their educational programs. Compliance, however, is not always easy. Much controversy has been caused in recent years by schools who have decided to eliminate men's sports teams, especially wrestling teams, in order to attain com- pliance with Title IX.

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Title IX

Applications Content of Title IX According to the US Department of Education, Title IX "is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiv- ing federal financial assistance" (Office for Civil Rights, 1980, p. 375). This essentially means that institutions must provide students with academic and extra-curricular opportunities on a "gender-neutral basis" (Anderson et al., 2005, p. 225). While Title IX is most well-known in relation to college athletics, the legis- lation is applicable to myriad other aspects of education. The text of Title IX specifies the law as being applicable to admission, recruitment, housing, facilities (such as locker rooms), access to course offerings, access to schools operated by local educational agencies (LEAs), counseling, financial assistance, employment assistance to students, health insurance benefits, athletics, text- books and curricular materials, and marital/parental status. In regards to this last category, Title IX has made it illegal for high schools to prevent a pregnant teenager from finishing her degree (U.S. Department of Education, Office for Civil Rights, 1980). Title IX additionally prohibits sexual harassment and requires, "as a condition of receipt of federal financial assistance [that] if a recipient is aware, or should be aware, of sexual harassment, it must take reasonable steps to eliminate the harassment, prevent its recurrence and, where appropriate, remedy the effects" (U.S. Department of Justice, 2001, p. 100). Only educational insti- tutions that are operated by an entity controlled by a religious organization whose religious tenets are inconsistent with Title IX are exempted from enforcing the legislation's various provisions (U.S. Department of Justice, 2001, p. 11).

What Is Sex-Based Discrimination? Title IX prohibits three distinct types of sex-based discrimina- tion: disparate treatment, disparate impact, and retaliation. The US Department of Justice (2001) defines disparate treatment as "actions that treat similarly situated persons differently on the basis of a prohibited classification," such as sex (p. 57). Dis- parate impact "focuses on the result of the action taken, rather than the intent" (p. 63). Disparate impact applies to a policy that seems to be sex-neutral but that has the result of discriminating on the basis of sex. For example, a successful lawsuit brought against the National Merit Scholarship program claimed that by relying solely on SAT scores in determining scholarship eligibil- ity, the program discriminated against female applicants (p. 67). Title IX's prohibition of retaliation is designed to protect people who file Title IX complaints as well as the people who investi- gate these complaints from retaliation by the accused. In short, it is intended to "preserve the integrity and effectiveness of the enforcement process itself" (p. 71).

Title IX & College Athletics Title IX is most well known for its provisions related to col- lege athletic programs. Title IX specifically requires schools to provide men's and women's sports programs with equal "ben-

efits and services." This includes "scholarships, travel expenses, practice and competitive facilities, equipment and supplies, scheduling and practice times, and number and compensation of coaches and locker rooms" (Burnett, 2003). The legislation also contains more opaque compliance criteria. For this reason, the US Department of Education has issued very specific guidelines about what schools must do in order to be in compliance with Title IX.

The Three-Prong Test These guidelines include what was originally referred to as the three-part test (U.S. Department of Education, Office for Civil Rights, 2005) but today is known as the "three-prong test." The three-prong test has become the primary measure used in law- suits to gauge institutional compliance with Title IX (Anderson et al., 2006). According to the Office for Civil Rights, an institu- tion is judged to be in compliance if it meets any one of three parts of the following test:

• "the percent of male and female athletes is substantially proportionate to the percent of male and female students enrolled at the school; or

• "the school has a history and continuing practice of expanding participation opportunities for the underrepre- sented sex; or

• "the school is fully and effectively accommodating the interests and abilities of the underrepresented sex" (Dept. of Education, 2005, p. iii).

The most effective way to prove compliance with the three-prong test has long been considered to be the first criteria: ensuring that the ratio of men to women who participate in the sports programs is proportionate to the ratio of men to women enrolled in the college or university. As long as a college has the same propor- tion of female athletes as it does female students, it can claim "substantial proportionality" and be safe from potential lawsuit (Suggs, 2002). Recently, more schools have begun to explore test three, often using surveys to prove that they are accommo- dating female students' interests and abilities. As a result, the US Department of Education's Office for Civil Rights in 2005 offered new guidelines on how to properly compose and admin- ister such a survey.

Viewpoints Impact of Title IX: The First 25 Years Significant disagreement exists as to the exact impact Title IX has had on education, American culture, and college sports. The Department of Education has credited Title IX with many of the advancements women have made in education and in the work- place (U.S. Department of Education, Office for Civil Rights, 1997). In a press release celebrating the 25th anniversary of Title IX, it refers to women's advancements in these fields as "the

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Title IX

great untold story of success that resulted from the passage of Title IX" (U.S. Department of Education, Office for Civil Rights, 1997). The report goes on to cite a number of statistics as evi- dence of this claim:

• "In 1994, 63 percent of female high school graduates aged 16-24 were enrolled in college, up 20 percentage points from 43 percent in 1973.

• "In 1994, 27 percent of both men and women had earned a bachelor's degree. In 1971, 18 percent of young women and 26 percent of young men had completed four or more years of college.

• "In 1994, women received 38 percent of medical degrees. When Title IX was enacted in 1972, only 9 percent of medical degrees went to women.

• "In 1994 women earned 38 percent of dental degrees, whereas in 1972 they earned only 1 percent of them.

• "In 1994 women accounted for 43 percent of law degrees, up from 7 percent in 1972.

• "In 1993-94, 44 percent of all doctoral degrees awarded to U.S. citizens went to women, up from only 25 percent in 1977" (U.S. Department of Education, Office for Civil Rights, 1997).

The report also includes statistics on women's involvement in college athletics, the area in which Title IX is considered to have had the biggest impact:

• "Today [in 1997], more than 100,000 women participate in intercollegiate athletics--a fourfold increase since 1971.

• "In 1995, women comprised 37 percent of college student athletes, compared to 15 percent in 1972.

• "In 1996, 2.4 million high school girls represented 39 per- cent of all high school athletes, compared to only 300,000 or 7.5 percent in 1971. This represents an eightfold increase" (U.S. Department of Education, Office for Civil Rights, 1997).

Since 1997, the percentage of women involved in high school and college athletics has only increased (Suggs, 2002; Anderson et al., 2006, p. 226).

Title IX at 40 Despite many the myths and misconceptions that still surround- ing Title XI, quite a lot has changed in women’s participation in athletics over the past forty years. For example,

• "The number of young women who played high school sports was just under 300,000 in the early 1970s. By 2011, the figure was over 3 million (Kane, 2012, p. 3; Ladda, 2012, p. 16).

• "Prior to Title IX, sports scholarships for women were unheard of. By 2012, almost 43 percent of all college athletes who received scholarships were women (Kane, 2012, p. 3).

• "Of the gold medals won by the American team during the 2012 Olympic Games in London, England, 66 percent were won by women (Kane, 2012, p. 3).

The Debate over Title IX As is evidenced by the above statistics, most commentators on the debate over Title IX, and especially Title IX's supporters, tout the legislation as causing a sea of change in American culture's attitude towards women. The most common debate about Title IX is not over whether the legislation has been effective, but over whether its gains have been worth the cost. Namely, have male students and men's athletic programs suffered as a result of Title IX?

Men's Athletics Critics of Title IX charge that it has "spawned resentment and confusion" and led to a state of affairs where there is "serious dis- crimination going on against men" (Darden, 2007, p. 41; Suggs, 2002). These critics are angered by the decision of many universi- ties to achieve Title IX compliance by cutting men's nonrevenue sports. If a school cannot afford to achieve "substantial propor- tionality" by boosting the number of its women's sports teams, then it may find the funds to do so by eliminating some men's teams. For many schools this has meant cutting less popular sports such as wrestling and tennis. Many college athletic coaches claim that this approach is especially illogical because there are simply more men on campus interested in playing sports. These coaches find that while they have to recruit women on campus to fill spots on some women's teams, they have to turn campus men away from walk-on spots on men's teams (Suggs, 2002).

Supporters of Title IX disagree (Suggs, 2002) and point out that the same athletic departments that cut men's wrestling and tennis teams spend an enormous portion of their budget on rev- enue-generating sports such as men's football and basketball. According to Fagan and Cyphers (2012), Division 1-A schools spent 59 percent of their athletic budget for men’s sports on foot- ball (59 percent) and basketball (19 percent) in the 2009–2010 school year. When non-revenue generating men’s sports such as wrestling or tennis are cut, it is usually not to fund women’s programs but rather to put more money into the already success- ful revenue-generating sports programs such as football. Rutgers University, for example, cut the men’s tennis program in 2006, which had a budget of $175,000. The university spent that same amount in 2006 housing football players in hotel rooms the night before six home games (National Women’s Law Center, 2012).

Changing Athletic Models This debate over Title IX has sparked a larger debate over the nature of college athletic programs. Many intercollegiate athlet- ics programs are run on a "commercial model," whereby schools

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Title IX

invest in the most lucrative sports, namely football, and hope to generate revenue by doing so (Porto, 2005, pp. 29–30). Sup- porters of Title IX suggest that educational institutions' sports programs should instead follow a "participation model," whereby athletics are valued not according to their commercial worth, but as a rewarding part of a liberal arts education. In a participa- tion model, the principal beneficiaries of college athletics are not fans, television stations, colleges, or athletic departments, but student athletes (2005, p. 30).

At this point in time, male athletes and men's sports coaches continue to file lawsuits challenging the application of Title IX to intercollegiate athletics. Despite the anger generated over the elimination of men's sports teams, all indications show that col- lege athletic departments will have to continue to make Title IX compliance a top priority when allocating resources and bal- ancing budgets. Although future lawsuits might slightly alter protocols for complying with Title IX, the general spirit of the legislation with its absolute insistence on gender equity will almost certainly remain unchanged.

Terms & Concepts

Educational Institution: A local educational agency (LEA), meaning a school district that supervises public elementary and secondary schools; a preschool; a private elementary or second- ary school; any institute of undergraduate or graduate higher education; or any institute of professional or vocational educa- tion.

Gender Equity: The equal and fair assignment of resources, opportunities, and decision-making responsibilities to both men and women.

Nonrevenue Sports: Often referred to as Olympic sports, this group includes swimming, wrestling, and men's gymnastics, among others. These sports do not typically generate revenue at the college level.

Revenue Sports: Collegiate level sports such as football and basketball, which sometimes (but not always) generate revenue through ticket sales or participation in major tournaments.

Sex-Based Discrimination: Situation in which the sex of an individual either directly or indirectly results in their receiving unequal treatment, all other factors being equal.

Three-Part Test: Devised by the U.S. Department of Education's Office for Civil Rights, it is the primary means used to gauge institutional compliance with Title IX's athletic provisions.

US Department of Education's Office for Civil Rights: The mis- sion of this government office is to ensure that all citizens are given equal access to education. This office assists those who

face discrimination in education by resolving discrimination complaints and by attempting to prevent discrimination. The Office does this in part by helping institutions to reach voluntary compliance with all civil rights laws.

Bibliography

Anderson, D., Cheslock, J., & Ehrenberg, R. (2006) Gender equity in intercollegiate athletics: Determinants of Title IX compliance. Journal of Higher Education, 77 (2), 225-250. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete http://search. ebscohost.com/login.aspx?direct=true&db=ehh&AN=199 88333&site=ehost-live

Burnett, S. (2003, June 9). Revolution number IX. Community College Week, 15 (22), 6-9. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=10064699&site=ehost-live

Darden, E. (2007). Even out the playing field. American School Board Journal, 194 (2), 41-42. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.asp x?direct=true&db=ehh&AN=23639598&site=ehost-live

Fagan, K., & Cyphers, L. (2012, April 29). Five myths about Title IXZ. ESPN W. Retrieved December 12, 2013, from http://espn.go.com/espnw/title-ix/article/7729603/five- myths-title-ix

Kane, Mary Jo. (2012, September ). Title IX at 40: Examining mysteries, myths, and misinformation surrounding the historic federal law.Fortieth Anniversary of Title IX: Status of Girls’ and Women’s Sports Participation, 13(2), 2–9. Retrieved December 12, 2013, from https://www.presidentschallenge.org/informed/digest/ docs/201209digest.pdf

Ladda, Shawn. (2012, September ). Examining Title IX at 40: Historical development, legal implications, and gover- nance structures.Fortieth Anniversary of Title IX: Status of Girls’ and Women’s Sports Participation, 13(2), 10–20. Retrieved December 12, 2013, from https://www.presi- dentschallenge.org/informed/digest/docs/201209digest.pdf

McAndrews, P. J. (2012). Keeping Score: How universities can comply with Title IX without eliminating men's collegiate athletic programs. Brigham Young University Education & Law Journal, (1), 111–140. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=74995628

Page 6EBSCO Research Starters® • Copyright © 2014 EBSCO Information Services, Inc. • All Rights Reserved

Title IX

National Women’s Law Center. (2012, January 30). Debunking the myths about Title IX and athletics. Title IX Fact Sheet. Retrieved December 12, 2013, from http://www.nwlc.org/ resource/debunking-myths-about-title-ix-and-athletics

Pieronek, C. F. (2012). The 2010 "dear colleague" letter on Title IX compliance for college athletic programs: Pointing the way to proportionality . . . again. Journal of College & University Law, 38(2), 277–318. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost. com/login.aspx?direct=true&db=ehh&AN=75378461

Porto, B. (2005). Changing the game plan: A participation model of college sports. Phi Kappa Phi Forum, 85 (3), 28-31. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search. ebscohost.com/login.aspx?direct=true&db=ehh&AN=189 73859&site=ehost-live

Stromquist, N. P. (2013). Education policies for gender equity: Probing into state responses. Education Policy Analysis Archives, 21(65), 1–28. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=90024100

Suggs, W. (2002, June 21). Title IX at 30. Chronicle of Higher Education, 48 (41), A38-41. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=6884866&site=ehost-live

U.S. Department of Education. (1997). Title IX: 25 years of progress. Washington, D.C. Retrieved March 16, 2007, from http://www.ed.gov/pubs/TitleIX/index.html

U.S. Department of Education, Office for Civil Rights. (1980). Title IX regulations. Washington, D.C. Retrieved March 16, 2007, from http://www.usdoj.gov/crt/cor/coord/titleix. htm

U.S. Department of Education, Office for Civil Rights. (2005). Additional clarification of intercollegiate athletic policy: Three-part test - Part three. Washington, D.C. Retrieved

March 16, 2007, from http://www.ed.gov/about/offices/list/ ocr/docs/title9guidanceadditional.html

U.S. Department of Justice. (2001). Title IX legal manual. Washington, D.C. Retrieved March 16, 2007, from http:// www.usdoj.gov/crt/cor/coord/titleix.htm

Suggested Reading

Anderson, D. & Cheslock, J. (2004, May). Institutional strate- gies to achieve gender equity in intercollegiate athletics: Does Title IX harm male athletes? American Economic Review, 94 (2), 307-311. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=true&db=e hh&AN=13708894&site=ehost-live

Gender equity in college sports. (2007). The Chronicle of Higher Education. Washington, D.C. Retrieved March 17, 2007 from http://chronicle.com/stats/genderequity

Hardy, L. (2012). The legacy of Title IX. American School Board Journal, 199(8), 12–15. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=78045786

Hogshead-Makar, N. (2003). The ongoing battle over Title IX. USA Today Magazine, 132(2698), p. 64-66. Retrieved March 16, 2007 from EBSCO Online Database Education Research Complete http://search.ebscohost.com/login.aspx ?direct=true&db=ehh&AN=10208246&site=ehost-live

Pickett, M., Dawkins, M. P., & Braddock, J. (2012). Race and gender equity in sports: Have white and African American females benefited equally from Title IX?. American Behavioral Scientist, 56(11), 1581–1603. Retrieved December 13, 2013, from EBSCO Online Database Education Research Complete. http://search. ebscohost.com/login.aspx?direct=true&db=ehh &AN=82506678

U.S. Department of Education, Office for Civil Rights. (2004). Sex discrimination. Retrieved March 17, 2007, from http:// www.ed.gov/policy/rights/guid/ocr/sex.html

Essay by Ashley L. Cohen; Edited by Karen A. Kallio, M.Ed. Ms. Kallio earned her B.A. in English from Clark University and her Master's in Education from the University of Massachusetts at Amherst. She lives and works in the Boston area.

Copyright of Title IX -- Research Starters Education is the property of Great Neck Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.

EBSCO Research Starters® • Copyright © 2014 EBSCO Information Services, Inc. • All Rights Reserved

RESEARCH STARTERS ACADEMIC TOPIC OVERVIEWS

The G. I. Bill & American Education History of Education > The G. I. Bill & American Education

Abstract

While the Servicemen's Readjustment Act wasn't the first "G. I. Bill" to be passed by the U.S. Congress, in terms of its wide- ranging impact on American public life, it was certainly the most significant. This article discusses the impact of the Service- men's Readjustment Act of 1944, commonly known as the G. I. Bill, on American society and the lives of returning World War II veterans. The law, administered through the U.S. Veteran's Administration, proved enormously successful in staving off

an anticipated postwar recession or depression and igniting the U.S. postwar economy. It also helped grow the suburbs and dra- matically increase the college graduation rate. Hoping to repeat the success of the 1944 G. I. Bill, Congress acted in the 1952 Veterans' Adjustment Act and the 1966 Veterans Readjustment Benefits Act for Korean War and Vietnam War veterans, respec- tively. Following the abolition of the military draft in 1973, The Veterans Education Assistance Program (VEAP) was established in 1976 and ran until 1987. The current incarnation of the G. I. Bill, signed into law in 1985, is known as the Montgomery G. I. Bill.

Overview

While most equate the G. I. Bill with World War II veterans, the reality is that Americans have a long history of providing for their veterans. Initially these benefits were for injured soldiers. Beginning in 1636, long before the United States existed, the leaders of the Plymouth Colony decreed that they would take care of soldiers injured in the war with the neighboring Pequot Indians. The Continental Congress made the same promise in 1776 to encourage colonists to enlist in the war against the Brit- ish. Abraham Lincoln, in his second inaugural address in March 1865, spoke about the American pledge toward disabled veterans and their families. "To care for him who shall have borne the battle, and his widow and orphan" (Lincoln, 1865, as cited in "G I Bill," n.d., par. 3). Congress acted on these words once again during World War I, passing comprehensive benefits for disabled veterans. Since 1930, the benefits have been administered by the Veterans Administration. ("GI Bill," n.d.).

The Making of the G. I. Bill One of the catalysts for the passage of the G. I. Bill of 1944 was the Bonus March of 1932. In 1924, Congress gave "bonus" certificates to World War I veterans. Though the certificates were worth $1,000, akin to a U.S. savings bond, they couldn't be cashed until 1945. When the Great Depression began with the stock market crash of 1929, many millions of Americans - including hundreds of thousands of veterans - found themselves out of work and unable to provide for their families. This des- perate situation sparked riots and protests across the country, as workers demanded relief from the state and federal governments. Meanwhile in 1932, the World War I veterans, who were in pos-

Abstract

Overview

The Making of the G. I. Bill

The Bonus March

The G. I. Bill Legacy

The 1944 G. I. Bill

Further Insights

Education Opportunities

Other Opportunities

Other G. I. Bills Since 1944

Benefits for a Volunteer Military

Viewpoints

The G. I. Bill & American Culture

The G. I. Bill & Women

Terms & Concepts

Bibliography

Suggested Reading

Table of Contents

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The G. I. Bill & American Education

session of bonus certificates worth $1,000 per person, marched on Washington demanding early payment. Journalist Joseph C. Harsch described the march and the marchers this way:

This was not a revolutionary situation. This was a bunch of people in great distress wanting help.... These were simply vet- erans from World War I who were out of luck, out of money, and wanted to get their bonus -- and they needed the money at that moment (as cited in "The Bonus March," n.d.).

The Bonus March The veterans set up camp, military-style, in tents and aban- doned buildings in Washington, D.C., pledging not to leave until Congress passed a bill to meet their demands for early bonus payment. President Herbert Hoover vowed to veto any such legislation should it cross his desk. The number of protesting veterans swelled to 20,000 strong by June 1932 ("The Bonus March," n.d.), and they were temporarily encouraged to see the House pass the Patman Veteran's Bill, only to have their hopes dashed when the Senate failed to act in a similar fashion. Though some were lured back home when Congress promised to pay for their return trips, others stayed to continue the protest. Among the remaining protestors tempers flared, stoked by frustration and the hot Washington summer, and in July federal troops moved in to clear out the protestors from neighboring buildings and local encampments across the Anacostia River. Many hundreds of veterans were injured in the melee, and some reports indi- cated that a handful were killed. Many Americans supported the law enforcement officials, while the New York Times noted that "Flames rose high over the desolate Anacostia flats at midnight tonight, and a pitiful stream of refugee veterans of the World War walked out of their home of the past two months, going they knew not where" (cited in "The Bonus March," n.d.). It was the worst violence in Washington since the British burned the city during the War of 1812.

Some historians have suggested that the aftermath of the Bonus March once and for all sank the reelection prospects of Presi- dent Hoover and paved the way for the election of Franklin D. Roosevelt and his promise of a New Deal for all Americans. But on the issue of paying bonuses, Hoover and Roosevelt were of one mind. With the Great Depression continuing and veterans still pressing their case to the new administration, Roosevelt attempted to placate them by giving them federal jobs building a new highway in the Florida Keys. A hurricane struck south Flor- ida in 1935, killing over 200 veterans. As another election year, 1936, dawned, Congress finally succumbed to public pressure and gave the World War I veterans what they had long demanded - early redemption of their bonuses.

The G. I. Bill Legacy As it turned out, the efforts of the World War I veterans made life far easier for World War II veterans. Historian Jennifer D. Keene (2001) describes the notion that military veterans could now expect a more prosperous life upon their return from service:

The GI Bill is rarely remembered as the final legacy of World War I to the nation. Yet ignoring Great War veterans' authorship of the GI Bill results in an imperfect understanding of why the law took the form it did when it did. Line by line, the most com- prehensive piece of social welfare legislation the United States has ever known, it illustrated in vivid detail the struggles World War I veterans had endured to give meaning to their social con- tract with the state. For the first and perhaps only time, wartime military service became a steppingstone to a better life. The final legacy of World War I created one of the most prosper- ous, advantaged generations in American history (Keene, 2001, "Doughboys to be").

With the U.S. entering World War II late in 1941, and the American economy becoming a war economy, many business leaders and economists began predicting that the end of Amer- ica's involvement in the war would bring about an economic recession or even depression. They reasoned this way because those wartime industries, which had been providing employment for millions of stateside Americans, would be slowed or even idled at the conclusion of the war. The prospect of another Great Depression and Bonus March was unpalatable to all concerned, and talk began of ways to avert a repeat occurrence.

As the war continued in both Europe and the Pacific, discussion in official Washington turned to job training and unemployment compensation for returning veterans. President Roosevelt, per- haps with still-fresh memories of the Bonus March a decade earlier, insisted in a July 1943 "fireside chat" to the nation that the country needed to do right by its veterans through unem- ployment insurance, job training and quality medical care. His proposals enjoyed wide support among the American people, with 70 percent telling Gallup pollsters in 1944 that they'd even pay higher taxes to support such benefits (Keene, 2001).

The 1944 G. I. Bill With the help of the American Legion, the U.S. Congress unani- mously passed the Servicemen's Readjustment Act of 1944, an omnibus bill with provisions designed to help returning World War II veterans make an easier transition back to civilian life in the United States. As former American Legion commander Harry Colmery stated during the debate on the bill, returning GIs "should be aided in reaching that place, position, or status which they had normally expected to achieve, and probably would have achieved, had their war service not interrupted their careers" (quoted in Keene, 2001, "Combat Veterans"). This is an important point, especially when one considers that the United States did not have an all-volunteer force until the military draft was banned in 1973.

The GI Bill signed into law by President Roosevelt had the fol- lowing key provisions:

• Up to $500 a year for college tuition or training, paid directly to the college or university

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• Unmarried veterans would get a $50-a-month allowance for each month they spent in uniform. A married veteran would get $75, and a married veteran with children would get $90.

• Mortgage subsidies that made it quite easy to buy a home • Unemployment compensation benefits of $20 per week

for up to 52 weeks

• Women and African-Americans serving in the military were also eligible

The postwar economy was far healthier than some policymakers and economists had predicted, and therefore only about 20 per- cent of the unemployment funds allocated were used (U.S. Dept. of Veteran's Affairs, n.d.). Returning servicemen and women did take full advantage of the education and housing benefits avail- able to them.

Further Insights

The immediate effects of the G. I. Bill were dramatic. By pro- viding money for college, the seats in American colleges and universities were filled with returning veterans.

Education Opportunities The average veteran had finished two years of high school before going off to war (Keene, 2001), and the GI Bill let them continue their education. "By the time the original GI Bill ended on July 25, 1956, 7.8 million of 16 million World War II veter- ans had participated in an education or training program" (U.S. Dept. of Veteran's Affairs, n.d.). Contrary to what seemed to be a general misperception, especially among female veterans (Oakes, 2006, p. 27), the GI Bill was also intended to help those who had been in college or university before they went overseas to fight.

Bennett (1996) reported that 88,000 veterans were enrolled in 1945. By the fall of 1946 their numbers had jumped to 1,013,000. Enrollment in colleges and universities increased from 1.6 million in 1945 to 2.1 million students in 1946. More than one million or 48.7 percent of the 2,078,095 students and 71.5 percent of all the males enrolled in universities and col- leges were veterans (Bennett, 1996). Harvard University's enrollment almost doubled in 1946. As veterans continued to enroll over the next five years, the total enrollments in colleges and universities continued to increase. The deadline for vets to enroll was July 15, 1951. The number of graduating seniors in higher education jumped from around 160,000 in 1940 to around 500,000 ten years later. This increase is especially inter- esting considering that only a quarter of a century earlier the total number of degrees awarded (to primarily wealthy young men) in the United States was 53,515 (Bennett, 1996) (cited in Oakes, 2006, p. 26).

Other Opportunities In addition to educational opportunities, the Bill allowed more returning GIs to buy homes, helping them flee to the suburbs and escape some of the problems afflicting American cities. The loans, which were given out through 1962, totaled over $50 bil- lion ("Veterans Benefit History," 2005). Because of lingering prejudice, however, many of African-American veterans were not given the chance to buy homes in the suburbs, and they tended to remain in cities with their families.

By the time the G. I. Bill expired in 1956, it had profoundly impacted the American educational and economic landscape. Home ownership rates rose. The suburbs grew. College gradu- ation rates increased. In a very real sense, it led to America's postwar economic prosperity, the birth of the Baby Boom Gen- eration, and the "white flight" from the inner cities that continues to have wide socioeconomic and political consequences. Humes (2006) summed up the 1944 G. I. Bill's impact:

A nation of renters would become a nation of homeowners. Col- lege would be transformed from an elite bastion to a middle class entitlement. Suburbia would be born amid the clatter of bulldozers and the smell of new asphalt linking it all together. Inner cities would collapse. The Cold War would find its war- riors not in the trenches or the barracks, but at the laboratory and the wind tunnel and the drafting board. Educations would be made possible for fourteen future Nobel Prize winners, three Supreme Court justices, three presidents, a dozen senators, two dozen Pulitzer Prize winners, 238,000 teachers, 91,000 scien- tists, 67,000 doctors, 450,000 engineers, 240,000 accountants, 17,000 journalists, 22,000 dentists - along with a million law- yers, nurses, businessmen, artists, actors, writers, pilots and others (Humes, 2006).

Given this enormous impact, the conclusion that the 1944 G. I. Bill has had "more impact on the American way of life than any law since the Homestead Act more than a century ago" ("GI Bill," n.d.) seems entirely plausible.

Other G. I. Bills Since 1944 The 1944 G. I. Bill was not the last. In July 1952, in the midst of the Korean War, President Dwight D. Eisenhower - himself a former general who led American forces in Europe during World War II - signed into law the Veterans' Adjustment Act, which was similar to the 1944 G. I. Bill but did not pay unem- ployment benefits. Also, unlike the G. I. Bill, which paid benefits directly to colleges and universities, it instead offered veterans $110 per month for the purpose of paying the costs of higher education until 1965. The reason for the change was a 1950 House select committee investigation that found that some colleges and universities were price gouging. Over a million Korean War veterans took advantage of home loan programs under the legislation.

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As the Vietnam War heated up in 1966, Congress again passed G. I. Bill legislation aimed at helping returning soldiers reinte- grate into American society. This time the legislation was much broader than that of the 1944 G. I. Bill or the 1952 Veterans' Adjustment Act. The Veterans Readjustment Benefits Acts of 1966 extended benefits for veterans who served in and out of conflict zones, as well as during peacetime and war. This idea of providing wartime and peacetime personnel serving in the armed forces the same benefits was similar to a proposal rejected by President Eisenhower in 1959 after the government's Brad- ley Commission said military service was not to be a means to secure government handouts. President Lydon B. Johnson, forced by the bill's unanimous passage by Congress, signed it into law in 1966.

Still, the law did not provide the same scope of benefits as the 1944 and 1952 laws did. It provided only $100 per month for education for honorably discharged veterans, which many critics said was insufficient. However, Congress, acting three separate times during the next decade, increased the monthly education benefit to $311 per month by 1977. In the end, 66 percent (6.8 of 10.3 million) of Vietnam era veterans took advantage of the education benefits available to them. By comparison, the educa- tion benefits in the bill were used by 2.4 of the 5.5 million (40 percent) eligible Korean War veterans under the 1952 G. I. Bill.

Benefits for a Volunteer Military After the draft was abolished in 1973, the U.S. military became an all-volunteer force. The Veterans Education Assistance Program (VEAP) was established in 1977 and ran until 1987. Unlike pre- vious G. I. Bills passed in 1944, 1952 and 1966, VEAP allowed voluntary deductions of up to $2,700 that would be matched $2 for every $1 through the Veteran's Administration, rather than paying a monthly education benefit. Veterans who contributed between 1977 and 1987 remain eligible to apply for matching funds for higher education.

Beginning in July 1985, the Montgomery G. I. Bill (MGIB) allows current active soldiers to put aside $100 per month in their first year of military service. Then, when they leave service, they get a tuition allowance and monthly stipend for up to 36 months of job training, distance education or classroom educa- tion. As of 2007, that monthly stipend was $1,101 a month for full-time college attendance. There are also benefits packages for part-time students and reservists.

At the end of 2007, there were moves to update the Montgomery G. I. Bill (Salemme, 2007, pp. 51-52). The Veterans Education Assistance Act, or Post-9/11 G. I. Bill, was passed in 2008. It provides up to 36 months financial support for education to hon- orably discharged veterans. In 2013, the Department of Veteran Affairs reported that since mid-2009 it had paid more than $23.6 billion in benefits to more than 860,000 veterans, servicemem- bers, and dependents. In the fall of 2012, more than 470,000 veterans enrolled in 3,630 institutions. The bill covers both grad- uate and undergraduate degree programs, as well as vocational

and technical training, including flight training, correspondence training, licensing programs and national testing programs, and entrepreneurship training (Reynolds, 2013).

Viewpoints The G. I. Bill & American Culture While the 1944 G. I. Bill transformed the American economy and the American higher education system, it also had a trickle- down effect on American culture.

Humes (2006) lists the many artists, novelists, poets, actors, and other creative talents who were educated and trained through the G. I. Bill, including Gore Vidal, Norman Mailer, Joseph Heller, Frank McCourt, Art Buchwald, Pete Hamill, Edward Abbey, Elmore Leonard, Mario Puzo. Poets James Dickey, James Wright, Lawrence Ferlinghetti, Randall Jarrell, Frank O'Hara, Anthony Hecht, Richard Wilbur, A.R. Ammons. Stage and screen writers Paddy Chayevsky, Rod Serling, Aaron Spelling, Terry Southern. Actors Walter Matthau, Robert Duvall, Tony Curtis, Harry Belafonte, Rod Steiger, Gene Hackman, Clint Eastwood, Paul Newman, Jason Robards, Charles Bronson, Ernest Borg- nine. Artists Robert Rauschenberg, Leo Krikorian, Dan Spiegle, Robert Miles Runyan, Kenneth Noland, LeRoy Nieman, Richard Callner, Ed Rossbach, Robert Perine (Humes, 2006).

The G. I. Bill & Women One of the underreported impacts of the G. I. Bill was the way it led, for a time, to the re-segregation of American society along gender lines. While during World War II millions of men were fighting overseas, the women who were left stateside began to take the college and career slots that were left vacant. However, in the wake of the G. I. Bill, all that changed. Feminist writer Betty Friedan in her 1963 The Feminine Mystique observed,

When the war ended, of course, GI's came back to take the jobs and fill the seats in colleges and universities that for a while had been occupied largely by girls. For a short time, competition was keen and the resurgence of the old anti-feminine prejudices in business and the professions made it difficult for a girl to keep or advance in a job. This undoubtedly sent many women scurrying for the cover of marriage and home (Friedan, 1963, p. 185, as cited in Oakes, 2006, p. 26).

While feminism made a comeback in the 1960s and 1970s, it has taken women considerable time to regain even a portion of the ground they gained when the men of the "greatest generation" were at war.

Terms & Concepts

American Legion: A U.S. veterans organization founded in 1919 and dedicated to the advocating on behalf of veterans. A major mover behind the passage of the 1944 G. I. Bill.

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The G. I. Bill & American Education

Bonus March of 1932: An act of civil disobedience that took place in 1932 when World War I veterans, who were in posses- sion of bonus certificates worth $1,000 per person that would become payable in 1945, marched on Washington demanding early payment.

G. I. Bill: A popular name for the Servicemen's Readjustment Act of 1944. It was also been applied to subsequent military ben- efit bills passed in 1952, 1966 and 1985. Sometimes it is referred to as the G. I. Bill of Rights.

Montgomery G. I. Bill: A federal G. I. Bil law passed in 1985 that allows current active soldiers to put aside $100 per month for their first year of military service. Then, when they leave ser- vice, they get a tuition allowance and monthly stipend for up to 36 months of job training, distance education or classroom education.

Servicemen's Readjustment Act of 1944: Popularly known as the "G. I. Bill," it provided government-paid benefits for college tuition, job training, mortgage subsidies and unemployment.

U.S. Veteran's Administration: The department of the federal government tasked with administering veteran's benefit pro- grams.

Veterans' Adjustment Act of 1952: Federal G. I. Bill legislation that, in addition to mortgage subsidies, offered veterans $110 per month for the purpose of paying the costs of higher education until 1965.

Veterans Education Assistance Program: A G. I. Bill that allowed active duty military personnel to voluntarily contribute up to $2700 for educational purposes, and the money would be matched $2 for every $1 through the Veteran's Administration, rather than paying a monthly education benefit. Veterans who contributed between 1977 and 1987 remain eligible to apply for matching funds for higher education.

Veterans Readjustment Benefits Act of 1966: A federal G. I. Bill that extended benefits for veterans who served in and out of con- flict zones, and during peacetime and war.

Bibliography

G I Bill. (n.d.). Retrieved December 15, 2007 from Medal of Honor website http://www.medalof honor.com/GIBill.htm.

Humes, E. (2006). Nixon and Kennedy, Bonnie and Clyde: The G. I. Bill and the arts. Adapted from Over Here: How the G. I. Bill Transformed the American Dream (2006). Harcourt. Retrieved December 15, 2007 from CaliforniaAuthors.com: http://www.californiaauthors.com/ excerpt-humes-3.shtml.

Keene, J. D. (2001). Doughboys, the Great War and the Remaking of America. Baltimore: The Johns Hopkins University Press. Excerpt retrieved December 15, 2007 from the Doughboy Center: http://www.worldwar1.com/ dbc/j%5f keene.htm.

McChesney, J. (2007, September 26). G. I. Bill's impact slip- ping in recent years. NPR's Morning

McChesney, J. (2007, September 26). G. I. Bill's impact slip- ping in recent years. NPR's Morning Edition [audio]. Retrieved December 14, 2007 from NPR: http://www.npr. org/templates/story/story.php?storyId=14715263.

Oakes, J.W. (2006). How the Servicemen's Readjustment Act of 1944 (GI Bill) impacted women artists' career opportunities. Visual Culture & Gender, 1. 23-31. Retrieved December 15, 2007 from CyberFeminist House: http://146.186.186.74/vcg/1vol/oakes.pdf.

Olson, K.W. (1973). The G. I. Bill and higher education: Success and surprise. American Quarterly, 25 (5) pp. 596- 610.

Reynolds, C. V. (2013). From combat to campus. Chronicle of Higher Education, 21-26. Retrieved December 15, 2013, from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=t rue&db=ehh&AN=85944556&site=ehost-live

Salemme, E. (2007). Fighting for a diploma. Time, 170 (9), 51-52. Retrieved December 16, 2007, from EBSCO online database, Academic Search Premier http://search.ebsco- host.com/login.aspx?direct=true&db=aph&AN=26260548 &site=ehost-live

Sander, L. (2013). Veterans tell elite colleges: 'We belong'. (cover story). Chronicle of Higher Education, 59(18), A1-A7. Retrieved December 15, 2013, from EBSCO Online Database Education Research Complete. http:// search.ebscohost.com/login.aspx?direct=true&db=ehh&A N=84680218&site=ehost-live

The Bonus March (May-July, 1932). (n.d.). In American Experience: MacArthur. Retrieved December15, 2007, from PBS: http://www.pbs.org/wgbh/amex/macarthur/peo- pleevents/pandeAMEX89.html.

U.S. Department of Veteran's Affairs. (n.d.). Born of contro- versy: The GI Bill of Rights. GI-BILL History. Retrieved December 15, 2077 from GI Bill website: http://www. gibill.va.gov/GI%5f Bill%5f Info/history.htm.

Wurster, K.G., Rinaldi, A.P., Woods, T.S., & Liu, W. (2013). First-generation student veterans: Implications of poverty for psychotherapy. Journal of Clinical Psychology, 69(2),

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127-137. Retrieved December 15, 2013, from EBSCO Online Database Education Research Complete. http:// search.ebscohost.com/login.aspx?direct=true&db=ehh&A N=84637542&site=ehost-live

Suggested Reading

Gates, B, Sr., & Collins, C. (2004, June 21). A GI Bill for the next generation. Houston Chronicle. Retrieved December

15, 2007 from Faireconomy.org: http://www.faireconomy. org/press/2004/GIBill%5foped.html.

Humes, E. (2006). Over here: How the G. I. Bill transformed the American dream. New York: Harcourt.

Mettler, S. (2005). Soldiers to citizens: The G. I. Bill and the making of the greatest generation. New York: Oxford University Press.

Essay by Matt Donnelly, M.A.

Matt Donnelly received his Bachelor of Arts degree in political science and a graduate degree in theology. He is the author of Theodore Roosevelt: Larger than Life, which was included in the New York Public Library's Books for the Teen Age and the Voice of Youth Advo- cates' Nonfiction Honor List. A Massachusetts native and diehard Boston Red Sox fan, he enjoys reading, writing, computers, sports, and spending time with his wife and two children. He welcomes comments at [email protected].

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RESEARCH STARTERS ACADEMIC TOPIC OVERVIEWS

Education of Women in the U.S. History of Education > Education of Women in the U.S.

Abstract

Through the Colonial years, the majority of women were illiter- ate and formal schooling was nonexistent. The first schools for girls were founded in the early 1800s. Many of the early women's academies became the first women's colleges or normal schools for teachers. The late 19th century saw industrialization peak and the introduction of many labor saving devices. The post-World War II years brought new opportunities for young women as the Baby Boom children of veterans flooded higher educational institutions. Fueled by the women's movement of the late 1960s, and backed by legislation, women realized historical educational and economic equity in the late 20th century. Equity issues of

the 21st century center on encouraging young women to take full advantage of opportunities and social scientists continue to study gender differences.

Overview

Although women have traditionally not had the same opportuni- ties for education and employment as men, it is too simplistic to paint them as victims of history. There is a rich legacy of women's education in the United States and it is at once a story of strug- gle and achievement. From the earliest years of the Republic, many promising opportunities arose for women. The majority of school teachers in America were women, and academies and women's colleges came to the fore through the nineteenth cen- tury. The women's rights movement, begun in the same century, began to raise awareness of the status of women and won for them the right to vote.

For decades, women were restricted from the getting the edu- cation required for entry into the professions, and in teaching, their pay differed significantly. In Maine, for example, in the 1840s, male teachers earned $15.40 a month, while women earned $4.80. The pattern was much the same in Ohio, where men received $15.42 to women's $8.73 (Matthews, 1976, p. 51).

The colonial elite was interested in education for men to meet its needs for the "higher professions" of law, medicine, or reli- gion, and their sons filled the elite eastern schools, but "by the time of the Revolutionary War, people were less homogeneous, and there was a commonly held belief that the democratic rep- resentative government would fail unless the state book a real responsibility in educating the children of all people" (Cheek, 2004). The Republic demanded a public education for social, economic, democratic, and national reasons.

From the signing of the Declaration of Independence and Con- stitution in the late eighteenth century, through most of the nineteenth century, the rights of citizens were never intended for women. Most public schools that were established were intended for boys and only a handful of colleges, public or private, were coeducational even by 1900 (Harwarth, Maline, & DeBra, n.d.). The first public high school opened in Boston in 1821 for boys only; a high school for girls did not open until 1857.

Abstract

Overview

Changes in the Nineteenth Century

The Early Twentieth Century

World War II & Beyond

Further Insights

Colonial Times & the Early Republic

The Republic: 1820 to 1870

Emma Hart Willard

The Women's Liberation Movement

Viewpoints

Current Issues in Women's Education

Terms & Concepts

Bibliography

Suggested Reading

Table of Contents

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Education of Women in the U.S.

Changes in the Nineteenth Century Early nineteenth-century lives were short, girls married young, and the time allotted for formal education in an agrarian society where families were big was very limited for both sexes. A high school education came to mean two years of post-elementary education for those between the ages of twelve and sixteen. As the nineteenth century progressed, private academies were joined by "common schools" and the public education propagated by education reformer Horace Mann spread. Female academies and seminaries opened, initially in private homes, between 1800 to 1875. "The seminaries in general… devoted themselves to pro- viding religious training, home making skills and a degree of intellectual development for women" (Matthews, 1976, p. 49).

Although they might be criticized for their limited vision of edu- cating women, many of the early seminaries became women's colleges and the normal schools (colleges for teachers) that pro- vided a foundation of states' higher education systems. By 1888, 63 percent of American teachers were women (Matthews, 1976, p. 51). Emma Willard's seminary in Troy, New York, founded in 1822, emphasized preparing girls to become teachers, and her school became a model for teacher's programs ("Emma Hart Willard, 1787-1870," n.d.).

The first women's rights movement was inaugurated in 1848 with the primary objective of suffrage — obtaining the right of women to vote — which did not happen until 1920. Although it had little impact on education, it was symptomatic of cultural change at work and paralleled the impact of industrializa- tion. By the turn of the twentieth century, the concept of the modern high school was forged, and girls were in the majority of the high school population, even though the total number of those enrolled in high school was very low (with only around 8 percent of the population enrolled) and fewer graduating. By the turn of the century, during the 1899–1900 school year, for example, a disproportionate number of the graduates were women (57,000) vs. men (38,000). As the twentieth century progressed, the proportion was less marked and has, since World War II, approximately paralleled the percentage of the general population (National Center for Education Statistics, 2006).

Between 1840 and 1890, the public high school had emerged from the shadow of the private academy. While enrollments were still small by today's standards, by the 1870s and 1880s the number of public secondary schools was expanding (Mirel, 2006).

The history of education is inextricably tied to economic history. The decision to pursue education voluntarily involves economic considerations, and the ability for a society to provide education to its young people is an economic one as well. The opportu- nities for higher education, and even mandatory high school education, is a twentieth-century concept, and a post–World War II one at that.

The Early Twentieth Century Through the turn of the century into the Depression era, "compulsory schooling requirements and child labor laws were typically weak or poorly enforced, … whether children attended school or worked for wages was a decision that had to be made by individual families" (Tolnay & Bailey, 2006, p. 254). Industrialization in the late nineteenth century drew mas- sive immigration from Europe, and migration of blacks from the South to the urban North, called the Great Migration, changed literacy and educational demands from the nineteenth into the twentieth century. Young immigrant women filled the mills and factories. The inventions of electrical machinery, typewriters, sewing machines, etc. created a demand for new kinds of skills, and women were needed to participate in the workforce.

Tolnay and Bailey (2006) studied educational persistence of immigrant populations in 1920. They found that the economic pressures on families were so great "that immigrant children in nearly every group and in every city throughout the United States chose work when it was available over extended school- ing prior to the 1930s. Blacks, conversely, appear to have placed a high value on education and sent their children to school at unusually high rates …" (p. 256). Their study also revealed that female blacks were disproportionately represented in the school population in 1920, possibly due to the lack of employment opportunities for them.

Educators and industrialists began to advocate for integrating training into the curriculum to suit job demands. In 1918, the National Education Association Curriculum and the Commission on the Reorganization of Secondary Education called for differ- entiated high school programs with tracks, defined as academic (college preparatory), vocational, commercial (secretarial), and general. Women flocked into the commercial curriculums as new opportunities for secretary or office worker were coming avail- able (Mirel, 2006).

In 1930 an announcement appeared in American School and University stating, "For the first time in the history of the coun- try, the number of boys and girls of high-school age who are in attendance upon our secondary schools has passed the 50-per- cent mark" ("Celebrating 70 years," p. 10). As the world sank into Depression during the 1930s and there were fewer jobs, par- ticularly for young people, many turned to schooling. Attendance grew rapidly through the decade, until the beginning of United States participation in World War II, when more than seven mil- lion students aged 14 to 17 were in school (Mirel, 2006).

World War II & Beyond By the end of 1941, the United States was embroiled in war. Young men went off to fight as mothers and daughters took their jobs in the factories and mills to keep the economy going and to fuel the war effort. Although most women deferred to the men when they returned and left their wartime jobs, what they did subsequently with their lives was not so predictable. Linda

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Education of Women in the U.S.

Eisenmann, in her 2002 study of postwar female citizens, found studies from the early 1950s that argued that women continued to constitute an important part of America's workforce. She also points to a national embarrassment during the Cold War when American women compared unfavorably to Soviet women who were very well represented in their ranks of scientists, engi- neers, and physicians that defies the image of 1950s housebound women (Eisenmann, 2002, p. 135).

Eisenmann's thesis in "Educating the Female Citizen in a Post-War World: Competing Ideologies for American Women, 1945–1965" (2002) is that although it is generally thought that women followed the advice of social and political leaders and abandoned college and labor after the war, the numbers of women who stayed in the workforce and continued with their education grew steadily after the war. "By 1957, college had attracted one in every five U.S. women between ages 18–21" (Eisenmann, 2002, p. 134).

The idealization of domestic life in the 1950s belied the fester- ing social unrest that would soon reveal itself. Eisenmann (2002) believes that it was the tension of expectations versus the reality of the force of women in education and labor force that provoked the women's movement of the late 1960s. "Post-war women were caught between competing patriotic, economic, cultural, and psychological ideologies that sometimes recognized but never resolved the contradictions facing them as female citizens" (p. 134).

The subsequent decades put affordable higher education within reach of all who were capable, and gave rise to the women's movement that demanded new freedoms. The nation anticipated the major population influx in colleges in the 1960s and 1970s, and rushed to meet the expectation that higher education would be there for the huge population bubble of students who moved through the system. Between 1960 and 1970, college enrollment doubled, and by 1980 female enrollment exceed that of males (NCES, 2005).

The women's movement of the late 1960s into the 1970s helped force the doors open for major equity gains for women. The Civil Rights Act of 1965 had mandated equity for the sexes, and the amendments to it in the early 1970s, including Title IX, applied the law to education and specifically expanded the rights of women to participate in intercollegiate athletics. The Women's Equal Education Act legislated funds that supported efforts to achieve equity.

During this period, feminists and social scientists also began to study gender differences in earnest. A 1975 report on male- female achievement by the National Assessment of Educational Progress (NAEP) indicated that, at age nine, males and females perform at about the same level in all subjects but, "by age 13, girls have begun a decline in achievement which continues downward through age 17 and into adulthood" (Bornstein, 1979,

p. 337). Bornstein (1979) went on to point out how essential education is to women, particularly as so many end up finding themselves alone and self-supporting. The article, typical of its time period, pointed out how critical education is to every wom- an's economic survival.

Equity issues are not necessarily resolved today, and writers and social scientists continue to analyze opportunities for women and their place in society. Although women now outnumber men in colleges and most graduate programs, there is a continued concern about why they continue to lag behind in entering the sciences, engineering, and computer science. It is thought that this issue is not helped when an esteemed academic such as Har- vard president Larry Summers commented that women lack the genetic gifts to achieve in the sciences (Pollitt, 2005). Summers later apologized, but not until after many women cried foul and he was loudly accused of sexism.

Further Insights Colonial Times & the Early Republic Colonial women led hard lives. They married as teenagers and bore many children. There was little time for learning. It is esti- mated that 60 percent of Puritan women could not sign their names, while 11 percent of men were illiterate (p. 48).

In 1667, the Farmington, Connecticut, town council opened a school for children to learn to read and write English. At the next town meeting, they rewrote their provision to state that only boys will attend the school. It was not until the end of the 1790s that girls went to town schools, and only at times when the school was not used for educating boys, and it was not until the early 1800s that they were attending year-round (Matthews, 1976, p. 48).

The Republic: 1820 to 1870 Benjamin Rush, a signer of the Declaration of Independence and founder of Dickinson College, believed that women needed to have a broad utilitarian education because they had to serve as educators of their children, particularly their sons. He did believe, however, that women should learn English, bookkeep- ing, geography, and natural philosophy and de-emphasized the arts and French so as "to embellish the homes and societies of their husbands" (cited in Matthews, 1976, p. 49).

Emma Hart Willard At the same time, new currents were at work in the country that offered new opportunities for women. Educational groundbreaker Emma Hart Willard (1787–1870) was about to open her female seminary in Troy, New York. Willard had opened the Middle Female Seminary in her home in 1814, from which she demon- strated the ability of her students to "master classical and scientific subjects, areas of study which were at the time largely considered appropriate only for young men" ("Emma Hart Willard," n.d.).

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Willard achieved international success and was invited by Gov- ernor DeWitt Clinton to start a school in New York. She opened the short-lived Waterford Academy in Waterford, New York, but then moved to Troy, where she opened a girl's preparatory school in 1822 that survives to this day as the Emma Willard School. Women's public high schools in Boston and New York opened five years after Willard opened her school, and Mary Lyon's Mount Holyoke Seminary in Massachusetts opened six- teen years later.

Female academies and seminaries had their heyday from 1800 to 1875; there were nearly 6,000 of them that enrolled 250,000 women by 1850 (Stevenson, 1995). They provided "religious training, homemaking skills, and a degree of intellectual devel- opment for women" (Matthews, 1976, p. 49). Catherine Beecher, who founded the Hartford Female Seminary in Connecticut, was one of the most renowned of seminary teachers. Attendees ranged in age from twelve to sixteen and studied a wide variety of subjects. The schools were criticized by some as frivolous, and completion rates were low, but they did produce some teachers and were precursors of the normal schools that sprang up at the end of the century to educate teachers (Matthews, 1976, p. 50).

The Women's Liberation Movement The sheer numbers of women moving through post–World War II society forced social and educational equality for young women. Likewise, postwar prosperity and the expansion of the middle class also allowed young people the opportunity and freedom to explore and pursue career alternatives and even extend the time before they would have to earn a living. Other factors came into play that also allowed women the freedom to pursue new direc- tions on a par with men. One was the availability of the birth control pill in the late 1950s, that for the first time in history allowed a woman to be in control of her reproductive capabili- ties. Secondly, women also benefited from the civil rights and resultant women's liberation movement of the late 1960s, which secured for them the freedoms, mandated by legislation and precedents, to seek the education and careers of their choosing and capabilities.

Margaret Sanger was an angry young woman who had watched her mother suffer from the effects of poverty and the burden of mothering eleven children. She founded Planned Parenthood to keep other women from experiencing the same fate. Sanger, with the financial backing of Katherine McCormick, contracted with physician Gregory Pinks' laboratory to develop the first oral con- traceptive. "The pill" was approved by the FDA in 1957. With control of their fertility, women could concentrate on other aspects of their lives, and "by 1990, 80 percent of all American women born since 1945 had tried [the pill]" (Leitzell, 2007, par. 8).

The feminist movement of the late 1960s brought issues of gender inequity to the fore. Betty Freidan's book The Feminine Mystique, published in 1963, helped inaugurate the movement and gave the likes of Gloria Steinem, Bella Abzug, and legions of others the impetus to push for women's rights. The women

were vocal and had to share the stage along with those demand- ing civil rights for blacks and others protesting the Vietnam War, but managed to help open the flood gates for young women of the 1970s and beyond to take advantage of new and potentially equal educational and employment opportunities.

Viewpoints Current Issues in Women's Education In 1979, Rita Bornstein called the history of women in America "a sorry record of deprivation and oppression, guised in protec- tion" (Bornstein, 1979, p. 331). She points out that as late as 1945, most medical schools had quotas for women that were set around 5 percent, and although Oberlin was the first college to admit women along with men, the female students had to wash the men's clothes, clean their rooms, and serve them meals. Born- stein observed that, "Those women were not being prepared for careers, but to be more intelligent wives and mothers" (p. 332).

Few twenty-first-century feminists would take as cynical a tone as Bornstein. The lot of most American women today has of course improved, and those who partake of advanced education expect to enjoy equal employment, or at least equal economic opportunity. A study by Dr. Laura Perna of the University of Maryland shows that women reap more benefits from education than their male counterparts. Although men with college degrees average incomes comparable to men who have no postsecond- ary education, women who attain an associates, bachelor's, or advanced degree "average incomes that are 32, 45, and 81 per- centage points higher than women with no secondary education" (cited in Troumpoucis, 2004, par. 8).

It has been pointed out that women have entered law and medi- cine because they are the most conspicuous routes into high paying, prestigious careers. Society, however, still struggles with gender equity in other fields. Teaching and nursing, for example, are still predominately female professions. Likewise, attracting women into science fields, computer science, and engineering continues to prove particularly challenging.

Sullivan (2007) quotes a National Science Foundation study that showed that at 16 percent, the number of college women major- ing in engineering was down 20 percent from a decade earlier. This was despite the fact that high school girls take as many sci- ence courses as boys.

Sullivan cites research by Donna Ginther and Shulami Kahn, who found that when male scientists marry, they increase their chances of landing a tenure-track position, but when women do the same, their chances decrease. Further, having a child under the age of five lowers the probability further for women scien- tists by 8 percent (Sullivan, 2007, p. 27). Sullivan also reports on efforts to recruit young people into engineering with a multi- media campaign that will change the stereotypes of engineering "as too nerdy, or that it's too difficult, or for boys only" (p. 27).

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Some think the solution for women to overcome sexism and achieve their full potential lies in single-sex education. Baskin (2004) differs with this viewpoint. A graduate of all-female Mount Holyoke College, she says she attended the school for "the brainpower of the students and the caliber of the professors" (p. 34). She goes on to say that the school was "outstanding in spite of … [its] single-sex status.… Claiming otherwise only condescends to [its] highly capable students and reinforces the absurdity that succeeding in a co-ed world first demands steel- ing oneself in gender isolation.… It's the twenty-first century. I thought women were done sacrificing" (Baskin, 2004, p. 34).

Terms & Concepts

Academies / Seminaries: Single-sex secondary schools were established in the nineteenth century and were called either "academies" or "seminaries." As the word "seminary" implies, religious education was part of the curriculum, typical of schools in the first half of the century.

Baby Boom: Baby boom is the term for the surge in population growth between 1946 and 1964. Baby boomers are children of the post–World War II era who crowded schools and colleges through the 1950s into the 1980s.

Beecher, Catherine, 1800–1878: Catherine Beecher founded the Hartford Female Seminary (Connecticut) and was one of a number of New England female educators who fought to improve education and educational opportunities for young women in the nineteenth century.

Civil Rights Act of 1964 & Title IX: The Civil Rights Act of 1964 ensures equal educational opportunity by outlawing segregation in education. Title VII of the act "prohibits dis- crimination by covered employers on the basis of race, color, religion, sex or national origin." The 1972 amendments to the act included educational institutions. Title IX was significant legislation for women students in that it ensured that they have the same opportunity for men to participate in athletics pro- grams.

Curricular Differentiation: Based on a proposal by the NEA in 1918 that high schools be "comprehensive" and offer different curricula to meet different societal and economic needs, most urban high schools were employing curricular differentiation by 1920 by offering academic, vocational, general and commercial (secretarial) programs (Mirel, 2006).

Lyon, Mary, 1797–1849: Mary Lyon was the founder of Mount Holyoke Seminary in 1837, later to become Mount Holyoke Col- lege. She created a disciplined educational environment, which although unaffiliated, was Christian based, but emphasized the sciences, including chemistry, and other subjects that young women of the time were generally not taught.

Mann, Horace, 1796–1859: Horace Mann is sometimes called the "father of American education," who was the first secre- tary of the Massachusetts Board of Education. He promoted "common education" and opened fifty schools as well as estab- lishing a mandatory six-month minimum school year. He later became president of Antioch College in Ohio.

Normal Schools: Normal schools were institutes of advanced learning whose primary objective was to train teachers. Early normal schools sprang from nineteenth-century academies for women and most today are integrated into states' systems of higher education. They were called "normal schools" because their curricular objective was to set teaching standards or norms. Some high schools also had a "normal curriculum," which trained young women to teach in the local elementary schools.

Willard, Emma, 1787–1870: New England educator Emma Wil- lard is credited with opening the first U.S. academy for girls in Troy, New York in 1822. Originally called the Troy Female Seminary, and later named after her, the Emma Willard School is open to this day.

Women's Educational Equity Act (WEEA): Legislation enacted to help fund equity for women's education and support the tenets of Title IX of 1972. The WEEA was part of the Special Projects Act contained in the Education Amendments of 1974. Federal grants were appropriated for equity programs.

Bibliography

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Coburn, C. (1991). Learning to serve: Education and change in the lives of rural domestics in the twentieth century. Journal of Social History, 25(1), 109. Retrieved November 27, 2007, from EBSCO online database, Academic Search

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Premier. http://search.ebscohost.com/login.aspx?direct= true&db=aph&AN=9610090173&site=ehost-live

Cheek, K. (2004). The normal school. In R. Barger, History of American Education Web Project. Retrieved November 28, 2007 from http://www.nd.edu/~rbarger/ www7/normal.html

Eisenmann, L. (2002). Educating the female citizen in a post- war world: Competing ideologies for American women, 1945–1965. Educational Review, 54,(2), 133–141.

Emma Hart Willard, 1787–1870. (n.d.). Women working, 1800–1930. Open Collections Program. Harvard University Library. Retrieved November 29, 2007 from http://ocp.hul.harvard.edu/ww/emmawillard.html

Examining women’s status: Campus climate and gender equity. (2011). ASHE Higher Education Report, 37(1), 65–92. Retrieved December 20, 2013, from EBSCO online database, Academic Search Premier. http://search. ebscohost.com/login.aspx?direct=true&db=ehh &AN=61274741

Harwarth, I., Maline, M., & DeBra, E. (n.d.). Women’s col- leges in the United States: History, issues, and chal- lenges. Retrieved December 2, 2007 from Department of Education. http://www.ed.gov/offices/OERI/PLLI/ webreprt.html

Jefferson, T. (1997). The education of women. Education of Women, 1(1), 90. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http:// search.ebscohost.com/login.aspx?direct=true&db=aph& AN=21212983&site=ehost-live

Klapper, M. (2002). ‘A long and broad education’: Jewish girls and the problem of education in America, 1860–1920. Journal of American Ethnic History, 22(1), 3. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/ login.aspx?direct=true&db=aph&AN=8651564&site= ehost-live

Leitzell, K. (2007). The passions behind the pill. U.S. News & World Report, 143(5), 68–69. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/login.aspx?direct= true&db=aph&AN=26095337&site=ehost-live

Maher, F. A., & Tetreault, M. (2011). Long-term transforma- tions: Excavating privilege and diversity in the academy. Gender & Education, 23(3), 281–297. Retrieved December 20, 2013, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/login.aspx?direct= true&db=ehh&AN=61274741

Matthews, B. (1976). Women, education and history. Theory Into Practice, 15(1), 47–53. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=5202256&site=ehost-live

Michaels, W. (2006). Celebrating 125 Years of university women. Diverse: Issues in Higher Education, 23(19), 11. Retrieved November 27, 2007, from EBSCO online data- base, Academic Search Premier. _HL0:AN:23043883::_ http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=23043883&site=ehost-live_hl_

Mirel, J. (2006). The traditional high school. Education Next, 6(1), 14–21. Retrieved December 2, 2007 from EBSCO online database, Education Research Complete. http:// search.ebscohost.com/login.aspx?direct=true&db=ehh &AN=19416198

National Center for Education Statistics (NCES). (2005). Fast Facts. Retrieved November 30, 2007 from http://www. nces.ed.gov/fastfacts/display.asp?id=98

National Center for Education Statistics (NCES). (2006). High school graduates by sex and control of school: selected years, 1869–70 through 2006–07. Retrieved November 30, 2007 from http://nces.ed.gov/programs/digest/d06/tables/ dt06_099.asp?referrer=report

Pollitt, K. (2005). Summers of our discontent. Nation, 280(7), 10. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebsco- host.com/login.aspx?direct=true&db=aph&AN=15924850 &site=ehost-live

Sax, L. J., Riggers, T. A., & Eagan, M. (2013). The role of sin- gle-sex education in the academic engagement of college- bound women: A multilevel analysis. Teachers College Record, 115(1), 1–27. Retrieved October 9, 2014 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=true&db= ehh&AN=84956242

Stevenson, L. (1995). Little women? The female mind at work in Antebellum America. History Today, 45(3), 26. Retrieved November 27, 2007, from EBSCO online data- base, Academic Search Premier. http://search.ebscohost. com/login.aspx?direct=true&db=aph&AN=9503223284& site=ehost-live

Sullivan, B. (2007). Closing the engineering gender gap: Viewers like you. New England Journal of Higher Education, pp. 26, 28. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http:// search.ebscohost.com/login.aspx?direct=true&db=aph& AN=25910344&site=ehost-live

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Tolnay, S., & Bailey, A. (2006). Schooling for newcomers: Variation in educational persistence in the Northern United States in 1920. Sociology of Education, 79(3), 253–279. Retrieved November 27, 2007, from EBSCO online database, Education Research Complete. http:// search.ebscohost.com/login.aspx?direct=true&db=ehh& AN=22630082&site=ehost-live

Troumpoucis, P. (2004). Women reap more benefits from higher education, study finds. Black Issues in Higher Education, 21(10), 9. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http:// search.ebscohost.com/login.aspx?direct=true&db=aph& AN=13865758&site=ehost-live

Wilson, R. (2013). Women challenge male philosophers to make room in unfriendly field. (cover story). Chronicle of Higher Education, 59(19), A1–A6. Retrieved October 9, 2014 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct= true&db=ehh&AN=85033338

Yakaboski, T. (2011). “Quietly stripping the pastels”: The undergraduate gender gap. Review of Higher Education, 34(4), 555–580. Retrieved December 20, 2013, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= ehh&AN=67402461

Suggested Reading

Beadie, N. (1993). Emma Willard’s idea put to the test: The consequences of state support of female education in New York, 1819–67. History of Education Quarterly, 33(4), 543.

Carter, S., & Prus, M. (1982). The labor market and the American high school girl 1890–1928. Journal of Economic History, 42(1), 163.

Chisholm, A. (2005). Incarnations and practices of feminine rectitude: Nineteenth-century gymnastics for U.S. women. Journal of Social History, 38(3), 737–763. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebscohost.com/ login.aspx?direct=true&db=aph&AN=16733239&site= ehost-live

Flexner, E. (1959). Century of struggle. Cambridge, MA: Harvard University Press.

Katz, S. (2013). “Give us a chance to get an education”: Single mothers’ survival narratives and strategies for pursuing higher education on welfare. Journal Of Poverty, 17(3), 273–304. Retrieved October 9, 2014 from EBSCO Online Database Education Research Complete. http:// search.ebscohost.com/login.aspx?direct=true&db=ehh &AN=89047916

Langdon, E. (2001). Women’s colleges then and now: Access then, equity now. Peabody Journal of Education, 76(1), 5–30. Retrieved November 27, 2007, from EBSCO online database, Academic Search Premier. http://search.ebscohost. com/login.aspx?direct=true&db=aph&AN=5877952&site =ehost-live

Moroney, S. (2000). Widows and orphans: Women’s education beyond the domestic ideal. Journal of Family History, 25(1), 26–39.

Rury, J. (1991). Education and women’s work: Female school- ing and the division of labor in urban America, 1870– 1930. SUNY Series on Women and Work. Albany: State University of New York.

Schwager, S. (1987). Educating Women in America. Signs, 12(2), 333.

Strommer, D. (1976). Feminism and the education of women. Education Digest, 41(9), 39–42.

Taggart, R. (2006). Women’s clubs as educative agencies. American Educational History Journal, 33(1), 57–63. Retrieved November 27, 2007, from EBSCO online data- base, Academic Search Premier. http://search.ebscohost. com/login.aspx?direct=true&db=ehh&AN=21294136& site=ehost-live

Tolley, K. (1996,). Science for ladies, classics for gentlemen: A comparative analysis of scientific subjects in the curricula of boys’ and girls’ secondary schools in the United States, 1794–1850. History of Education Quarterly, 36(2), 129.

Wells, R. S., Seifert, T. A., Padgett, R. D., Park, S., & Umbach, P. D. (2011). Why do more women than men want to earn a four-year degree? Exploring the effects of gender, social origin, and social capital on educational expectations. Journal of Higher Education, 82(1), 1–32. Retrieved December 20, 2013, from EBSCO online data- base, Academic Search Premier. http://search.ebscohost. com/login.aspx?direct=true&db=ehh&AN=57437076

Woody, T. (1929). A history of women’s education in the United States. Lancaster, PA: Science Press.

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Essay by Barbara Hornick-Lockard, M.L.S., M.B.A

Barbara Hornick-Lockard is emeritus library director of Corning Community College, Corning, New York. She holds an M.L.S. from the University of Pittsburgh and an M.B.A. from Syracuse University. Her subject background is eclectic, but a common denominator in her career as a professional librarian is work with undergraduate students for whom she developed information literacy programs. She held professional positions at the libraries of the University of Pittsburgh (Johnstown and Bradford campuses), the University of North Carolina at Chapel Hill, and at Corning. She has also taught composition and was the recipient of several writing awards when she was a student.

Copyright of Education of Women in the U.S. -- Research Starters Education is the property of Great Neck Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.

  • Abstract
  • Overview
    • Changes in the Nineteenth Century
    • The Early Twentieth Century
    • World War II & Beyond
  • Further Insights
    • Colonial Times & the Early Republic
    • The Republic: 1820 to 1870
    • Emma Hart Willard
    • The Women's Liberation Movement
  • Viewpoints
    • Current Issues in Women's Education
  • Terms & Concepts
  • Bibliography
  • Suggested Reading

Database:

Record: 1

The 1964 Civil Rights Act. By: Williams, Juan. Human Rights. Summer2004, Vol. 31 Issue 3, p6-8. 3p.

Research Starters - Education

The 1964 Civil Rights Act

Then and Now Forty years after the passage of the 1964 Civil Rights Act, it is hard to understand and even remember the furious battle over the passage of that law. Today, in 2004, with more than a third of the nation made up of African Americans, Hispanics, and Asians, it seems as if the impassioned filibuster in Congress took place in a different century and maybe on a distant galaxy. How could well-respected senators ranging from West Virginia Democrat Robert Byrd to Arizona Republican Barry Goldwater really oppose the idea of ending legal racial discrimination against blacks at hotels, restaurants, and department stores? How could they view it as a threat to the nation?

In 1964, however, opponents of the Civil Rights Act (Act) argued that it was a gross violation of every American's freedom to decide who they wanted to work with, do business with, and even eat with. Southern Democrats, also known as Dixiecrats, portrayed the law as an attack on the "southern way of life" and prime evidence of the federal government's intent to force racial mixing on the South. The idea of a civil rights act stirred old resentments among segregationists. Just ten years earlier, southern separatists had sparked the so-called "massive resistance" movement in an attempt to halt the implementation of the Supreme Court's Brown v. Board of Education decision, which ended the legal segregation of public schools. Using Confederate rhetoric from the Civil War era, Senator Strom Thurmond mounted a historic filibuster effort to block the Act. Speaking for twenty-four straight hours on the Senate floor, he charged that the federal government was once again intruding in the affairs of sovereign states and, even worse, interfering in the lives of free citizens.

When the filibuster finally ended and the Senate passed the Act by a vote of seventy-three to twenty-seven, the nation's racial and political landscape was reshaped. Senator Goldwater, who voted against the Civil Rights Act, made it the basis of his GOP campaign for president in 1964. Senator Thurmond, once a Democrat, threw his support to Goldwater in a show of political solidarity. Thurmond also encouraged a steady stream of southern Democrats to leave their party and join Goldwater and the Republicans. Forty years later, we understand this switch as the first step toward the Republicans' absolute political control of the South. The GOP has made the South its base for the election of every Republican president since 1964.

Meanwhile, the Act's key provisions banning racial discrimination by employers remain at the heart of politically explosive arguments over affirmative action. At the start of the twenty-first century, most people accept the fact that all Americans, regardless of race, sex, or religion, have the right to eat in any restaurant and stay in any hotel. Today, this is beyond debate, at least in acceptable company. Instead, the Act triggered key racial debates that have continued for more than forty years. These range from whether minority students should be given preference in college admissions to whether minority businesspeople should have access to contract set-asides. The Civil Rights Act of 1964 also opened the door to years of legal and political fights over court-ordered plans for hiring blacks and women previously excluded from some police and fire departments as well as some labor unions.

In Search of "Elementary Rights"

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The advocates of the 1964 Civil Rights Act simply wanted a law to strengthen the government's meager efforts to protect the rights of freed slaves after the Civil War. In 1868, just after the end of the "War Between the States," Congress passed the Fourteenth Amendment requiring equal rights for all citizens without regard for race. But nearly a hundred years later, the reality of American life was "separate but equal," as reflected in the Supreme Court's 1896 decision in Plessy v. Ferguson, which ruled that it was legal for a Louisiana passenger train line to separate black and white travelers in different rail cars.

The key to the Plessy ruling was separation--not equality. Once separated, blacks never experienced equality. They always got inferior facilities, second-class treatment, and even outright harassment, right down to being lynched. That oppression by private businesses and the government, as well as the likes of the Ku Klux Klan, flouted the intent of the Fourteenth Amendment. The Supreme Court acted only in 1954, when the Brown decision outlawed segregation in public schools on the basis of the Fourteenth Amendment's requirement of equal rights. Still, serious questions remained about the government's power to undo racial discrimination in employment and other areas. A similarly thorny set of questions existed about the rules of racial equality at private businesses such as hotels, restaurants, and department stores.

But in the aftermath of the Brown decision, black citizens and their allies in the integrationist movement had a heightened expectation that the federal government would act to protect their rights. The Supreme Court demonstrated its willingness to do so with the Brown case. Later, President Eisenhower offered further proof by sending the 101st Airborne to Little Rock, Arkansas, to protect black schoolchildren as they integrated Central High School.

In the meantime, however, Congress was paralyzed on the race issue because of the presence of southern Democrats, all white and many holding important positions as heads of leading committees in the Senate. President Eisenhower and later President Kennedy feared risking major political fights with leading senators, much less opening old wounds with voters in the South. It was clear that there was a high political price to pay for formally proclaiming through federal law that blacks had a right to equality in public as well as private areas of American life. President Kennedy, narrowly elected to office in 1960 with 70 percent of the black vote, settled on a strategy of having the attorney general press the federal courts to review cases of discrimination against blacks. His plan ran into trouble because the federal judges he had appointed to the bench to satisfy southern Democrats were segregationists, generally indifferent or in some cases hostile to the idea of mandating equal rights for blacks.

Faced with the political stalemate in Congress and the courts, civil rights activists developed their own strategy. They pursued a series of highly visible protests and boycotts intended to force the Kennedy administration and those in Congress who supported civil rights to defend the rights of blacks to eat at lunch counters, to ride buses without sitting in the back, and to spend the night in any hotel. Civil rights groups were also pushing for an end to employment discrimination.

Despite the pressure, Congress and the federal courts--even those courts free of segregationist thinking--had trouble dealing with the question of a private business's right to choose its own employees without government interference. Housing presented a similar issue, with owners and landlords of apartment buildings and housing developments arguing that their decisions on whom to rent or sell to were based on business. In areas where whites preferred to flee the neighborhood instead of living with blacks, there was a real cost attached to selling property to African Americans.

On June 11, 1963, President Kennedy appeared on national television and said that the country was facing a "moral crisis" over the issue of civil rights. Earlier that day, Alabama Governor George Wallace had

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stopped two black students from registering at the University of Alabama, literally positioning himself to block them from walking through the doors. A month earlier, Dr. Martin Luther King Jr. had led demonstrations to end segregation in stores in downtown Birmingham; Eugene "Bull" Connor, the police chief of the city, responded by attacking the protestors with vicious dogs and painful blasts of water from firemen's hoses. Connor and Robert Shelton, the grand dragon of the Ku Klux Klan, even tried to get local businessmen to refrain from negotiating a settlement with the protestors. All the while, the federal government feared that the widespread media coverage of arrests and physical abuse might spark nationwide race riots.

While King was in jail in Birmingham for leading the protests against segregation, he wrote a letter that directly challenged the Kennedy administration's cautious approach to civil rights. In emotional language, King wrote, "We have waited for more than 340 years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jet-like speed towards gaining political independence but we still creep at horse and buggy pace towards gaining a cup of coffee at a lunch counter." King's letter was published in The New York Times and widely circulated in churches.

During this period of racial confrontations in the South, Kennedy addressed the topic at a White House news conference, saying that he couldn't understand why some southern leaders refused to negotiate a settlement with civil rights leaders. Speaking with exasperation of a man who had introduced a civil rights act in 1961 and seen it die in Congress, the president said it should be possible for Americans of different races to negotiate at a time when "the U.S. government is involved in sitting down at Geneva with the Soviet Union." Later, speaking on television, Kennedy announced a new plan to deal with racial discontent in the country: "I am therefore asking the Congress to enact legislation giving all Americans the right to be served in facilities which are open to the public--hotels, restaurants, theaters, retail stores, and similar establishments. This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure..."

The president was caught between the moral power of the civil rights protests and the political power of segregationists. He had seen his 1961 effort at a civil rights act go down in defeat. He was not convinced that he could be any more successful with a new act. But King and Clarence Mitchell, National Association for the Advancement of Colored People (NAACP) lobbyist on Capitol Hill, insisted on a new attempt.

On June 19, 1963, Kennedy sent a civil rights act to Congress. It asked for an end to segregation on interstate buses and trains and also gave the attorney general the power to end federal funding for any state or local government program that practiced discrimination. Kennedy also requested that the Justice Department be empowered to begin filing suits against school districts that refused to integrate.

The bill stalled through the summer of 1963. A. Philip Randolph, the union leader who was then the senior leader of the civil rights movement, got King and the leadership of the NAACP, the Urban League, and other major civil rights groups to agree to participate in a massive March on Washington for Jobs and Freedom (March). The Kennedy administration and Congress opposed the March.

Administration officials told civil rights leaders that a major gathering of black people might turn into a riot and set back the cause of civil rights. Members of Congress told reporters that the march was an attempt to intimidate them. The administration, sensing that it could not stop the march, switched tactics and convinced white religious leaders and major trade unions to join the protest. They also alerted the National Guard and persuaded the March's organizers to hold it on one day in the middle of the week. That way, people coming to Washington would be more likely to go home on the same day. The March was a success,

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and President Kennedy met with its leaders afterwards. Once again, they pressed him to put his name and political muscle behind the Civil Rights Act.

In the months following the March, however, the act appeared to be stalled. In November, President Kennedy was assassinated. In early 1964, as pressure continued to build over civil rights protests, the new president, Lyndon B. Johnson, asked Congress to honor Kennedy by passing the Civil Rights Act. But first, President Johnson, a former Senate majority leader, got his supporters in Congress to strip provisions on voting rights out of the bill to reduce opposition from segregationists. They also assured employers that the act did not institute any racial quotas for hiring employees. The two major provisions were found in Titles II and VII. Title II made it federal law to open hotels, restaurants, gas stations, and stadiums to all Americans without regard to their race. Title VII banned racial, sexual, or religious discrimination in hiring, promotions, or assignments. Congress voted to approve the Civil Rights Act on July 2.

Looking Forward In 2004, it seems as though the days of public support for denying blacks the right to have a hamburger or go to the movies took place more than forty years ago. But the political arguments at the heart of the Civil Rights Act of 1964 continue to be relevant. The controversy surrounding the debate over whether colleges and universities can engage in affirmative action to diversify their student bodies is only one example. The broader argument on civil rights for blacks still exists as well, as when Senator Trent Lott of Mississippi praised South Carolina Senator Strom Thurmond for his lifetime of political leadership by saying that the nation would not have had "all these problems over the years" if Thurmond--who ran for president on a segregationist ticket in 1948 and later voted against the Civil Rights Act--had won that race.

In a nation that is now one-third people of color, the issue of ending discrimination is even more critical today than it was in 1964, although the deep-seated racism of years past is not the norm today. The arguments over how to heal those wounds of race continue to be debated and most of them rise out of the historic 1964 Civil Rights Act.

Stats: Politics • Number of African American elected officials in 1970:1,469; in 2002: 9,101

• States with highest numbers of black elected officials in 2001: Mississippi, Alabama, and Louisiana

Source: http://www.census.gov/ Press-Release/www/releases/archives/ facts_for_features_special_ editions/001800.html

Stats: Economics • Poverty rate for African Americans in 1966: 41.8%; in 2002: 23.9%

• Median family income for African Americans in 1964: $18,859; in 2002: $33,634 (both figures show inflation-adjusted 2002 dollars)

Source: http://www.census.gov/ Press-Release/www/releases/archives/ facts_for_features_special_ editions/001800.html

~~~~~~~~ By Juan Williams

Juan Williams is a senior correspondent for National Public Radio's Morning Edition. He is the author of My

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Soul Looks Back in Wonder: Voices of the Civil Rights Experience (Sterling 2004) and Eyes on the Prize: America's Civil Rights Years, 1954-1965 (Penguin 1988), among others.

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Week 4 Discussion

Access and Growth of Adult Education, Training, and Lifelong Learning"  Please respond to the following:

· From the readings, suggest at least three (3) ways that the Civil Rights Act of 1964 had an impact on access to higher education for American citizens.

· Investigate the impact that the law has had on your career as a student, or as a current or future educator.

Need at least 2 references and please cite

Reads are attached

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