Close Title IX loophole

FEMALE athletes deserved better than what a Bush-era policy provided women's sports in schools and universities. Thanks to the U.S. Department of Education, they have gotten it with a reversal of the policy and more rigorous compliance with Title IX.

The federal gender-equity law requires equal opportunities for athletic participation in educational programs that receive federal funding.

Schools comply in three ways with Title IX: showing that women's participation in sports is proportionate to their campus enrollment, that athletic opportunities for women are expanding, or that the athletic interests and abilities of women at the school are being served.

The third requirement was amended in 2005. The change allowed schools to use just a survey to prove lack of interest in starting a new women's sport. It considered a nonresponse to the questionnaire as evidence of disinterest.

Before the rule change, colleges had to use multiple indicators to assess athletic interests and abilities. Now they will again.

The National Collegiate Athletic Association and women's sports advocates applauded the recent move to rescind the previous policy, regarded by many as an easy way out of complying with Title IX.

Critics argued the surveys were inaccurate gauges of interest in women's athletics on campus because it was impossible to divorce interest in sports from the opportunities available. For example, if a university didn't have a gymnastics team, students interested in the discipline would be less likely to apply there.

Repealing the old policy and making Title IX as strong as possible, said Vice President Joe Biden, "will better ensure equal opportunity in athletics, and allow women to realize their potential - so this nation can realize its potential."