Education Department Sued Over Title IX in High Schools

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An advocacy group has filed a lawsuit against the U.S. Department of Education claiming the three-pronged test used to determine Title IX compliance violates the equal protection clause of the Constitution.

In February, the American Sports Council, which was then known as the College Sports Council, urged high schools to ignore the compliance test, predicting that Title IX could sideline as many as 1.3 million male athletes, according to Bryan Toporek of Education Week. That month, a conservative think tank called the Pacific Legal Foundation sent a letter to the DOE's Office for Civil Rights noting that "no federal regulation or interpretation has ever said that high schools must abide by the three-part test and the sex-based quota system it fosters." The ASC lawsuit maintains that all Title IX interpretations have been designed for intercollegiate athletics.

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