Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
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A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.
Integrated Learning
July 1, 2016
One of the positive aspects of life that school sports and other after-school activities do better than most everything else is to build a sense of community. Another is to teach teamwork. And both are mostly missing in the world of individualized, online learning.
It sounds good to advocate for personalized, learn-at-your-own-pace “curriculum” (one can hardly call it “instruction”), but that model misses so much of what education is supposed to help a civilized society accomplish.
Benjamin Riley, founder and executive director of Deans for Impact (deansforimpact.org), makes this point in his May 18, 2016, Opinion on EdSurge (edsurge.com), “Bursting the ‘Personalization’ Bubble: An Alternative Vision for Our Public Schools.” Mr. Riley advances four principles:
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Teachers – not technology – should be the primary designers of students’ learning experiences.
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The experiences that teachers design should emphasize the social aspect of learning.
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The experiences that teachers design should be informed by learning science.
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Teachers should primarily use technology to identify social learning opportunities.
Mr. Riley concedes that these four principles are just a sketch – an outline for a different conversation than that which currently dominates education reform. “But there is one point on which I’m unyielding,” Riley writes: “We begin to forge the character of our country in our public schools. At a time when I feel our nation pulling further apart, I hope we start thinking and talking more about how we might move closer together, and promote the integration – rather than the personalization – of our learning experiences in public education.”
It is not Mr. Riley’s point, but it is mine, that school sports – including the requirement that participants be full-time students in the schools they represent on interscholastic sports teams – promotes the integration of the learning experience which is critical to shaping the character of our country.
The integration we speak of is developing the whole child through direct interaction daily with a diverse student body and a wide variety of curricular and extracurricular activities. This builds students, schools and society.