Photo: Mel_Rowing via flickr
The American Sports Council is suing the Department of Education, claiming the way the department determines if high schools comply with Title IX results in an unconstitutional quota system.To comply with Title IX, a school must pass a test by demonstrating one of the following three options: the number of female and male athletes is proportionate to the school’s enrollment; the school has a history of expanding athletic opportunities for women; or the athletic interests of the school’s female students are being met.
The American Sports Council argues that the first option violates the equal protection clause of the Constitution. It says the test results in quotas and the elimination of a number of boys’ sports teams, according to the AP.
“We are trying to prevent boys from being punished,” said ASC chairman Eric Pearson.
The group ultimately wants a court order banning the three-option test.
Similar legal challenges to the test have failed.
In 2003, a federal judge dismissed a suit brought by an earlier incarnation of ASC. And in 2005, the Supreme Court declined to hear a suit brought by the National Wresting Coaches Association.
Before Title IX, fewer than 300,000 high school girls played sports, compared to 3.5 million boys. As of 2008, 3 million girls participate in athletes compared to 4.4 million boys, according to the Department of Education.
NOW WATCH: Briefing videos
Business Insider Emails & Alerts
Site highlights each day to your inbox.