The Civil Rights Restoration Act of 1987 was the first law that expanded Title IX to cover all operations of educational institutions receiving federal funds. The legislation altered the definition of “program or activity.” In some views, the change was small, but the impact was huge.
By expanding what was covered under Title IX, schools from coast to coast had to adjust every aspect of their operations. Accusations of Title IX violations increased.
The Awkward Start of Title IX
President Richard Nixon signed Title IX into law in 1972, but several years passed before schools were expected to comply. Regulations about sports funding were clarified in 1975. Elementary schools had to comply by 1976 while high schools and post-secondary schools were given until 1979.
Throughout the early years of Title IX, the Senate debated new amendments and there were multiple court challenges. In 1984, a U.S. Supreme Court ruling dramatically, but temporarily, shifted the direction of anti-discrimination law.
Grove City College v. Bell
Grove City College, a private, church-related college in Pennsylvania, had historically refused government funding so it would not be burdened by any associated rule compliance. The college did not accept federal funds, but 140 of its students received direct grants through the federal Basic Education Opportunity Grant (BEOG) program.
Based on these federal grants, the Executive Branch (now called the Department of Education) required the college to file an assurance of compliance with Title IX regulations. When the school refused, the Executive Branch threatened to pull the students’ grants.
In November 1978, a lawsuit brought by the school and some of the grant recipients came before the U.S. District Court for the Western District of Pennsylvania. The district court ruled that the federal government could not terminate the grants but agreed that the grants constituted federal financial assistance to the school. Both sides appealed the decision. The appellate court ruled that not only did the grants equate to federal assistance, but the federal government also had the right to terminate the student grants.
Grove City College v. Bell made its way to the U.S. Supreme Court with oral arguments heard in November 1983. In a 6-3 ruling, the Supreme Court in February 1984 said that Title IX requirements only apply to the specific programs receiving federal funds (financial aid office in this case) and did not apply to the entire institution. The assurance of compliance could only be required of the financial aid program.
Congress Responds to Supreme Court Decision
In response to the Supreme Court ruling, Congress introduced a bill that would codify the expansion of Title IX to all areas of an institution that receive federal funds in any capacity. The initial effort failed, but the Civil Rights Restoration Act was reintroduced in 1987. The legislation passed and was sent to President Ronald Reagan, who vetoed the legislation. The House and Senate overrode the veto, and the act became law in 1988.
The Civil Rights Restoration Act also applies to the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967.
Title IX Debate Continues Today
From its inception, Title IX has been championed and derided. Over the decades, people on both sides of the political aisle have worked to limit or broaden the law’s impact.
What remains consistent is that accusations of Title IX violations can have significant consequences for people and institutions. At Parisi, Coan & Saccocio, PLLC, we work to level the playing field for those accused of wrongdoing. Our skilled attorneys fight for the due process that each client deserves.
If you are a student, faculty member, or staff person accused of Title IX violations, contact us for strategic advice and support through the Title IX process. Call (737) 200-2332 to schedule a case consultation.