provides for support to schools to comply with the mandate for nondiscrimination by providing funds for regional Desegregation Assistance Centers and grants to state education departments for providing more equitable education to students. Finally, the 1976 amendments to the Vocational Education Act of 1963 require states to act affirmatively to eliminate sex bias, stereotyping, and discrimination in vocational education. In 1975, Congress directed the Secretary of Health, Education, and Welfare to make the regulations known for implementing Title IX. These regulations specifically prohibited gender discrimination in “intercollegiate . . . athletics“, [10] and most notably included a section entitled “equal opportunity.” [11] Under this section, HEW related that a “recipient” of federal funding “shall provide equal athletic opportunity for members of both sexes.” In assessing whether a recipient were indeed offered equal opportunities, the regulation provided that the Director of HEW would consider, along with other factors:(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (2) The provision of equipment and supplies; (3) Scheduling of games and practice time; (4) Travel and per diem allowance; (5) Opportunity to receive coaching and academic tutoring; (6) Assignment and compensation of coaches and tutors; (7) Provision of locker rooms, practice and competitive facilities; (8) Provision of medical and training facilities and services; (9) Provision of housing and dining facilities and services; (10) Publicity. [12]Equally important, and appended to the end of this list, was a stipulation by HEW that “unequal expenditures” for men's and women's teams would not necessarily “constitute noncompliance with this section;” however, HEW could consider a failure to provide adequate fu...
