- The Role of Lawyers in Education Reform
- Education in Context: Schools and Their Connections to Societal Inequalities
- Schooling for Democracy: Past, Present, and Future
- The Constitutionally Anomalous Right to Education
- Developing the Free Mind
- The Shifting Landscape of Education Governance
- Education Federalism: Why It Matters and How the United States Should Restructure It
- Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-giving, and Agency Accountability
- How States Fund Education
- State Constitutional Analysis in School Finance Litigation
- Standards-based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
- Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education
- The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K–12 Schools
- The Muddled Distinction Between <i>De Jure</i> and <i>De Facto</i> Segregation
- School District Boundaries: Consequences and Challenges
- The School-to-Prison Pipeline: How Federal Antidiscrimination Law Fails to Protect Equal Educational Opportunity
- Closing Achievement Gaps through Socioeconomic Integration
- Challenges Facing Immigrant Students
- Educating English Learners
- Sex Discrimination and the Transformation of U.S. Education
- Transgender Students
- Students with Disabilities: A Half-Century of Progress
- Students with Disabilities and School Choice
- Least Restrictive Environment and the Education of Children with Disabilities
- Students’ Individual Rights: Safety and Privacy
- Surveillance and Security Practices in Schools
- Student Privacy and the Law in the Internet Age
- Eighty Years of Students’ Free Speech in Public Schools
- School Jurisdiction over Online Speech
- Religion in the Schools
- School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
- Education in Virtual Environments
- Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and “School Choice”
- Parental Choice and the Future of Faith-based Schools
- Teacher Labor Market Reforms: A Look Ahead to the Next Decade
- Racial and Ethnic Equity in American Public Schools: Looking Ahead
- Equality, Liberty, and Education
Abstract and Keywords
This chapter highlights the role of Title IX of the Education Amendments Act of 1972 and the U.S. Constitution’s Equal Protection Clause of the Fourteenth Amendment in transforming the gendered landscape of U.S. education. After first providing an overview of these two sources of law, the chapter examines the role they have played in challenging sex-based designations in admissions and in the classroom, in promoting equal opportunity and access to school-sponsored athletics, in challenging sexual harassment and other sexual misconduct, in reducing barriers to LGBT students, and in promoting equal opportunity for students who are pregnant. Sections addressing each one of these topics will also note limitations and shortcomings of the law’s approach to these issues, as there is still more work to do to fully realize sex equality in education. While the law has not cured all the problems of sex discrimination education, owing to limitations in its scope, as well as enforceability, it has proven to be a powerful source of societal norms and expectations, which themselves operate to motivate compliance and beyond.
Keywords: Schools, athletics, sexual harassment, sex discrimination, transgender discrimination, sexual orientation discrimination, Title IX, Equal Protection Clause
Erin E. Buzuvis is Professor of Law and Director of the Center for Gender & Sexuality Studies at Western New England University.
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- The Role of Lawyers in Education Reform
- Education in Context: Schools and Their Connections to Societal Inequalities
- Schooling for Democracy: Past, Present, and Future
- The Constitutionally Anomalous Right to Education
- Developing the Free Mind
- The Shifting Landscape of Education Governance
- Education Federalism: Why It Matters and How the United States Should Restructure It
- Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-giving, and Agency Accountability
- How States Fund Education
- State Constitutional Analysis in School Finance Litigation
- Standards-based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
- Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education
- The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K–12 Schools
- The Muddled Distinction Between <i>De Jure</i> and <i>De Facto</i> Segregation
- School District Boundaries: Consequences and Challenges
- The School-to-Prison Pipeline: How Federal Antidiscrimination Law Fails to Protect Equal Educational Opportunity
- Closing Achievement Gaps through Socioeconomic Integration
- Challenges Facing Immigrant Students
- Educating English Learners
- Sex Discrimination and the Transformation of U.S. Education
- Transgender Students
- Students with Disabilities: A Half-Century of Progress
- Students with Disabilities and School Choice
- Least Restrictive Environment and the Education of Children with Disabilities
- Students’ Individual Rights: Safety and Privacy
- Surveillance and Security Practices in Schools
- Student Privacy and the Law in the Internet Age
- Eighty Years of Students’ Free Speech in Public Schools
- School Jurisdiction over Online Speech
- Religion in the Schools
- School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
- Education in Virtual Environments
- Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and “School Choice”
- Parental Choice and the Future of Faith-based Schools
- Teacher Labor Market Reforms: A Look Ahead to the Next Decade
- Racial and Ethnic Equity in American Public Schools: Looking Ahead
- Equality, Liberty, and Education
