Allowed in – because Title IX says so

This past Monday marked the 53rd anniversary of Title IX, the Educational Amendment of 1972, a landmark law prohibiting sex discrimination in education programs and activities funded by federal financial assistance.  While Title IX is a critical component of civil rights, discrimination didn’t just get up and leave the party.  Instead, it evolves, finding new ways to evade legal scrutiny and perpetuate the advantages historically held by men.  Today, we see it in how institutions function and who they function for.  

When class starts before daycare

For example, Title IX ensured that pregnant students would have equal access to education and extracurricular activities.  Although this is true in practice, it’s not smooth sailing now that women have a mechanism to sue and hold institutions accountable.  The ongoing challenges faced by pregnant and postpartum students under Title IX, like states challenging the U.S. Department of Education’s release of final Title IX regulations, highlight the situation’s urgency.



Table 1.  Number of women in school* the same year they gave birth in 2023: Ages 18+

 

* Any schooling leading toward a high school diploma or college degree

 

In 2023, 355,516 women reported being in school during the same year as their child’s birth (See Table 1).  However, what this statistic fails to reveal is the number of mothers who felt compelled to abandon their educational ambitions due to the challenges posed by pregnancy and the demands of young children.  Not all women have children, but I have a hard time believing that if men gave birth, there wouldn’t be universal childcare.



Recently, at a summit focusing on the economic mobility of single low-income mothers, an insightful panelist highlighted the challenges mothers face when class starts before childcare facilities open.  This story reminds me of when women were accepted at universities, but were explicitly limited to courses like home economics or nursing.  Title IX expanded the types of institutions women could attend and their majors.   

 

Removing the penalties for pregnancy

Historically, Title IX regulations have required colleges to permit pregnant and postpartum students to take leave from their academic responsibilities without facing penalties.  A ruling by a federal district judge in April 2024 highlighted these protections, further clarifying that colleges must offer reasonable accommodations and leave to protect students’ health and educational prospects.  This ruling protects students who continued their pregnancies to term and stayed enrolled as college students, over 180,000 pregnant students every semester.  



It is important to consider how policies affect various types of students, highlighting the critical roles of educators, policymakers, and advocates for women’s rights.  Therefore, how Title IX is implemented will significantly impact women’s futures and their perceptions of the value of higher education.  Advocating for proactive and responsible applications of Title IX in higher education can transform it into an instrument for equality and empowerment.  By establishing on-campus childcare programs and offering flexible class schedules for parents, educational institutions can provide essential support for pregnant and postpartum students.  While not all women will have children, it’s clear that if men could give birth, there would be universal childcare and a more representative academic environment.

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