Legal matters: Title IX issues
Date: Tue, 16 Sep 1997 01:53:35 -0500 From: Magree.1(a)osu.edu (Paul Magree) Subject: Gender equity compilation
You may have seen my plea for assistance in resolving a "gender equity" dispute with my administration at a middle school here in central Ohio. Little did I expect such an outpouring, over thirty in all. I have edited out the more vitriolic responses (only one of which was negative and urged the boys "to get used to it, for a change") and have included most of the nuances of encouragement I received. I hope young teachers are urged to use this forum as a source of encouragement and ammunition in their occasional forays. This is the second occasion when I have been ably assisted by my peers to plead my case. It provides an impressive portfolio. I know for a fact I have to get my hands on this Title IX document and see exactly what is said. There appears to be a consensus that an actual exemption is all but spoken within the law, reinforcing the logical interpretation that my administration has it all wrong.
I've seen a couple of postings from different people about this horrific interpretation of title IX. A piece of documentation that we received in our faculty orientation (and have for several years) specifically speaks to this situation. It states that vocal music classes may be selected based on vocal range and ability. I'm not sure, as I don't have this documentation with me at the moment, where this phraseology originates. My guess is that it is the school board's interpretation of title IX. Basically it boils down to "playing the game," and selecting your choirs based on range and ability instead of sex. You end up with the same thing, you've just put a different label on your criterion for selecting who goes into what choir.
***** As a choral singer, voice student and future music teacher, your dilemma interests me, however, the logistics of it, as you described above, are a little vague. For example, what section are the boys being moved from and to where? Have they reached puberty? Are they having to sing parts down an octave? (That might help you by showing that singing a part an octave lower goes against the wishes of the composer.) Is there more practicality in what you're asking for, such as balance as you've said, and an overall better-sounding choir or is it more of a morale issue for the kids? The way I see it, you've got to do a lot of work to convince the school board that a more traditionally mixed chorus will sound better. You may have to bring some board members into your setting and show the difference. But consider also that musical aesthetics is just subjective enough that your board members will stubbornly insist that the "gender equity" choir is better sounding because that's their bias. If you try to make it a confidence issue you won't have a leg to stand on because morale isn't really the issue; going for a more gender-equal social sphere in any setting is sure to damage the morale of the dominant gender (in this case, men). I don't mean dominant in numbers, I mean in society in general.
*****
The tack that was taken 15 years ago when this issue was finally resolved was that the important issue is equal opportunity. Do the boys and girls have an equal chance to get a similar education. It does not matter if there exists an all girls choir as long as the boys of the same grouping (age or grade or whatever) have a place they can also take choir. That choir may be mixed or an all boys choir. In my school, and in *many* schools (with support from current research), I have separated the boys and the girls into their respective choirs for the 7th and 8th grades. I take great care in never publicly labeling them as a "boys choir" or "girls choir" but it is very obvious what is what. I know there is nothing "official" here, but it is the philosophy that has been in operation in the different places I have taught. You may want to check with your state MENC office to see if they have any literature to help.
*****
I have two words of advice:
affirmative action
Where there is a sharp under representation of one sex, you have the right to take steps that would promote the self-confidence of the minority group. This is what you did, with the hope, no doubt, that more boys would eventually feel encouraged to take up singing. When the representation equalizes, you won't have to worry about their lack of confidence.
And reassure the complainers that you will do everything in your power to ensure the girls are provided the leadership opportunities they often miss out on in the music world.
*****
... it's a misinterpretation. We had large numbers of girls as compared to boys when I taught at the middle school - and we took the "overflow" and started another group. This Chorale was open only to sopranos and altos, whereas the Chorus had SAB singers. We put all guys into Chorus because as you know, no one can predict when a young man's voice will start to change, how long it will take, etc. The boys really appreciated having mutual support of other young men going through or having gone through the process, and they didn't feel isolated.
*****
A careful reading of Title IX will show any official, no matter how dense (!), that vocal type is SPECIFICALLY exempted from all Title IX restrictions! All of the brouhaha 20 years ago about having to integrate all-male choruses was a bunch of baloney. The law makes a distinction for voice types. Amazing, isn't it! It's not a question, tell your officials, of gender, it's a question of voice type. You don't have a girls' group, you have a group of sopranos and altos, no matter what the gender. This is not sophistry, it's honest artistry!
*****
I think you could make a convincing argument that vocal music is an exception to the gender equity issue. How many male sopranos or female basses do you know? You could rehearse people by sections (basses, tenors, etc.) Do you think they would still expect a certain ratio of male to female then? Good luck! This is an absurd issue that you have to deal with.!!!
PS--I've always said that I was lucky that my field was voice. I never had that glass ceiling. There were no men competing with me for my roles!
*****
I'm sure I don't have all of the answers, but here are some avenues to try:
1: Our middle school began an experimental math section for girls only this year, based on new evidence that girls do indeed succeed better in math and science classes when the boys are removed. Would a similar argument for music work?
2: Our middle school bands do not see a random selection of instruments divided equally among all sections.....they have the winds grouped together, the brass, and the percussion, too. They then have one day of full band each week. The very fact of the physiological differences between boys and girls voices (especially during the onset of voice-change) makes it mandatory that the male 'instruments' and female 'instruments' be grouped apart for day-to-day work, and combined for the 'full band' experience from time to time.
3: If gender equity is so important, why do they teach the sensitive areas of Sex Ed. classes separately to girls and boys? Is it because each need specific and different information to help them understand their developing bodies? Voices are a part of bodies and develop in gender-DIFFERENT ways and at different ages. Another reason to allow the separation.
*****
Living in California, one state that does everything to the extreme, I can confidently say your powers that be are incorrect in their interpretation of Title IX. If you were excluding girls in favor of boys, there would be a case. Since this is not the situation, there is no legal ground to stand on. I assume that each section is equal in regards to opportunity for the student to participate and learn. The only argument I can see is that some girls may simply not like to be in an all girls section. I wasn't aware that preference however was covered under Title IX. One other option, which I strongly encourage all my student teachers and former students now teaching middle school, is to create an all boy section. I found as a former middle school teacher this works much better, for physiological and sociological reasons. However....reality says that if whoever is deciding where your students will go will not listen to common sense and reason, your options will be going along or going over their heads. Neither one is fun.
*****
Consider couching your justifications in developmentally appropriate education rather than gender. Unless the class descriptions indicate a mixed choir you can justify the need for this development by having all of the "men" in one choir. In that setting you can attend to the specific needs of the male voice more effectively.
I am sorry I don't remember where this discussion was recently cited. There is justification for working with males in one section and females in another just as there is justification for delineation of development in math, English, and social studies sections. None of these classes require gender equity.
I know that you are speaking of a mixed choir and the above points are a stretch. One of your curricular requirements might be the development of "choral" tone or fusion. Balance is crucial to this development. Try positions that justify the curriculum. They have equal importance with the Title IX positions.
*****
You can advance two arguments, one musical and the other biological.
Musical: There is music written specifically for girls voices and music written specifically for boys voices, and they will learn more if they can concentrate on that music. (But you'd have to actually have music that supports this argument, and you might not.)
Biological: Middle school boys are going through a voice change that can be difficult for some, impossible for others, and personally embarrassing for many. They can be helped through that change more easily in gender-separate music classes. Draw the parallel with separate gym classes and separate health classes, if your school still has them separate.
Personally, I would mix them, and be very honest and open in talking about boys' voice change and the similar "fuzz" period that girls go through, so they can be mutually supportive.
*****
You are absolutely right. There are three exceptions to Title IX and choir is one of them. It is perfectly acceptable to have an all male, and/or all female choir. I read it in NEA Today and usually keep the article handy for just such situations. However, at the moment I can't locate it to quote you the issue. Nevertheless, I know it is accurate.
I agree that you need your guys together. My preference is an all male choir at my middle school. Both the boys and the girls do better that way. Hang in there! Barbara Lee
I would first advise your administration or powers that be to get off their butts and look at what is happening in other successful programs around the country. If I were you, I would walk in with a list of 50 to 100 schools that have gender specific choirs and explain that this is the norm for middle school, high school, university and professional levels.
Secondly, I would stress LITERATURE. The amount of music written for gender specific choirs is overwhelming, and MUST be performed at all of the above levels. These partsongs, etc. are part of our musical heritage and MUST not be discarded simply because some district official has a stick up his or her.....
Lastly, I would gently say to your administrators WAKE UP AND SMELL THE COFFEE! If these dear people want to supply you with an equal number of qualified boys, so be it! If you have an all girls choir, THEY can give you the boys to have an all boys choir. The sad truth is that there are MORE GIRLS THAN BOYS IN CHOIR.......EVERYWHERE!!!!! They need to understand the whole concept of BALANCE in the choir! I would say statistically that 80% of ALL school choral programs in the US have an all girls choir, but no all boys choir.
***** Couldn't you avoid the argument altogether by giving your girls the *opportunity* to sign up for an all girl course?
Another approach would be to audition students into the mixed chorus which has a limited number of slots in all sections. Girls who don't make it into the mixed group have the option to sing in the all girls group.
Your administration would have no reason to object to either of the above, and if they did they wouldn't have a leg to stand on. This is how it is done in hundreds of choruses.
With gratitude to all for your concern,
Paul Magree Jones Middle School Upper Arlington, Ohio
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I have been struggling at my high school to get the administration to offer separate gender beginning choruses. My administration thought it was illegal under Title IX to offer separate choruses. I found a lot of helpful information from ChoralNet.
I also came across two pieces of information that I think would be a helpful addition to the above website.
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c. Exceptions. All elementary physical education classes must be sex
integrated. However, students may be grouped by ability if each student is
individually assessed and objective standards are used. Contact sports,
defined as boxing, wrestling, rugby, ice hockey, football and basketball, need
not be sex integrated. Human sexuality classes may be segregated, as well as
local chorus or choirs. Any student establishing a bona fide religious
objection to participating in a particular class may be excused. The latter
exception is the only mandatory provision. The educational institution is free
to choose under Title IX not to sex segregate sports, human sexuality and
choral programs. 45 CFR 86.34.
from http://www.wa.nea.org/PUBLICAT/LEGAL/certlr&r/Sexequity.htm
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The regulations issued under Title IX do contain certain exceptions
that permit specified separate gender programs...Institutions may also make requirements
based on vocal range or quality that result in a chorus of one or
predominantly one sex, 34 C.F.R. 106.34(f).
from http://www.edc.org/WomensEquity/edequity98/0642.html
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I hope that other people find this information useful as well.
Thank you!
Jennifer Rowe, Choral Director
Arroyo High School
El Monte, CA