Equal sports for girls: what California law requires and how to speak up

This page is general information, not legal advice. It covers equal opportunity for girls in sports. It does not cover rules about which students may play on which team. For other school discrimination, see How to file a discrimination complaint against a school.

Does my immigration status matter?

No. California schools may not discriminate based on immigration status, and every child can attend public school (Education Code 220, Every child can go to public school). A complaint about girls' sports is about fairness for students. Anyone can file a complaint with the Office for Civil Rights, even if they are not the student (OCR). Schools may not retaliate against you for complaining.

What must schools do?

Federal law (Title IX). Schools and colleges that get federal education funds must give equal athletic opportunity to both sexes in school teams, club sports and intramurals (34 CFR 106.41). To judge whether things are equal, the government looks at:

1. Whether the sports and levels offered meet the interests and abilities of both boys and girls
2. Equipment and supplies
3. Game and practice schedules
4. Travel and meal money
5. Coaching and tutoring
6. How coaches are assigned and paid
7. Locker rooms, practice fields and game facilities
8. Medical and training services
9. Housing and dining (mostly for colleges)
10. Publicity

Schools may have separate boys' and girls' teams. But if a school has a team in a sport for boys only, and girls' opportunities have been limited, girls must be allowed to try out, unless it is a contact sport like football or wrestling (34 CFR 106.41(b)).

Spending does not have to be exactly equal, but a failure to fund girls' teams can count against a school.

California law. California says no student may be excluded from sports because of sex or denied an "equivalent" opportunity, meaning equal or equal in effect (Education Code 230). A school can show it meets girls' interests in one of three ways:

1. Fair numbers. The share of girls on teams is about the same as the share of girls enrolled.
2. Growth. The school has a history of adding sports and spots for girls as interest grows.
3. Full interest met. The school shows its current program fully meets girls' interests and abilities.

If a school must cut sports budgets, the cuts must still follow gender equity laws. And schools may not shut out students because of pregnancy or parenting status.

How can I check my daughter's school?

Look up the numbers. Every California public school, including charter schools, that offers competitive sports must post at the end of each school year (Education Code 221.9):

• Total enrollment by gender
• Number of students playing sports, by gender
• Number of boys' and girls' teams, by sport and level

The data goes on the school's website. If the school has no website, the district posts it. Schools must keep the records behind these numbers for at least three years.

Compare. If girls are half the students but much less than half the athletes, ask why.

Look and listen. Use the checklist below. Do girls practice at worse times? On worse fields? With used uniforms? Fewer coaches? Less publicity?

What about city, county and park youth sports?

California also covers youth sports run or supported by cities, counties, park and recreation districts and similar local agencies, plus school districts and charter schools that share their facilities. These programs may not discriminate based on sex or gender in running youth sports or in handing out parks, fields, gyms and money (Government Code 53080). This law comes from the Fair Play in Community Sports Act, also known as AB 2404 (2004) (Legal Aid at Work).

The law says girls should have opportunities "equal, both in quality and scope" to boys'. Fairness is judged by things like:

• Whether programs meet both boys' and girls' interests and abilities
• Money, equipment and supplies
• Game and practice schedules and times
• Coaching, and how coaches are assigned and paid
• Access to fields through permits and leases
• Seasons and locations
• Locker rooms and facilities
• Publicity
• Trained and certified officials

A program can show it is fair if girls' spots are roughly in proportion to girls in the community, or if it fully meets girls' interests where they are underrepresented. People can go to court to enforce this law (Government Code 53080(g)).

Private leagues that use city fields through permits may be part of this, because the law covers how cities hand out fields. Ask Legal Aid at Work if you are not sure.

How do I speak up?

Start small. Many problems get fixed with one good conversation.

1. Write down what you see. Dates, places, practice times, field conditions, photos of uniforms or facilities. Keep notes simple and factual.
2. Talk to the coach or athletic director. Ask questions, not accusations: "Why do the girls practice at 7 p.m. and the boys at 4?"
3. Bring other parents. A group carries more weight. Ask them to sign a short letter.
4. Contact the Title IX Coordinator (schools) or the recreation director (city and park programs). Ask for a written answer. Every school district must publish its Title IX Coordinator's name, email and phone, and anyone can report sex discrimination to that person by phone, mail or email (34 CFR 106.8).
5. File a written complaint if nothing changes:
   • Schools: use your district's Uniform Complaint Procedures. The district must investigate and send a written decision within 60 calendar days. You can appeal to the California Department of Education within 30 calendar days of getting the district's report (CDE).
   • Federal: file with the Office for Civil Rights online, by mail, fax or email to ocr@ed.gov, usually within 180 days of the last unfair act. You do not have to use the school's process first. If you do, file with OCR within 60 days after it ends (OCR).
   • City and park sports: contact the agency in writing, and call Legal Aid at Work at (877) 593-0074 for advice.
6. Speak at a public meeting. School boards and city councils take public comment. You can speak in your own language if an interpreter is available; ask ahead.

What if I am afraid to speak up?

That is understandable, especially for immigrant families. Some things that help:

• Let another parent or a group take the lead. Anyone can file with OCR on behalf of others.
• Use a group letter so no one family stands out.
• Ask a legal aid group to contact the school or city for you.
• Schools and agencies that get federal funds may not retaliate against anyone who complains to OCR (OCR).

Questions parents ask

My daughter wants to play a sport the school only has for boys. Can she try out? Often yes. If the school has a team for boys only, and girls' opportunities have been limited, girls must be allowed to try out, unless it is a contact sport (34 CFR 106.41(b)).

Do boys' and girls' teams need the same budget? Not exactly the same. But unequal treatment in the listed areas, like equipment, coaching and facilities, can break the law.

Does this apply to private schools? Title IX applies to schools that get federal education funds, which includes most colleges. Private K to 12 schools may or may not get those funds. Ask the school, or ask a lawyer.

What about middle school and elementary sports? Education Code 221.9 covers every public elementary and secondary school that offers competitive athletics.

Where can I get help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Fair Play for Girls in Sports (California): toll free (877) 593-0074. legalaidatwork.org
• U.S. Department of Education, Office for Civil Rights (national): How to file a complaint, ocr@ed.gov
• California Department of Education, Uniform Complaint Procedures (California): cde.ca.gov/re/cp/uc

Is there a checklist I can print?