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58 Miss. L.J. 323 (1988)
Sex Discrimination in Public Education

handle is hein.journals/mislj58 and id is 335 raw text is: SEX DISCRIMINATION IN PUBLIC EDUCATION Carolyn Ellis Staton* Discrimination on the basis of sex has historically been ram- pant in this country's public schools.1 Yet it was in the after- math of two of the great social movements of the 1960's, the civil rights movement and the women's movement, that sexual bias became a major policy issue in America.2 In the initial efforts to eliminate sexual bias in critical areas of American society, those trying to achieve equality in education patterned their efforts af- ter the civil rights' movement, focusing on expansion of the four- teenth amendment's equal protection doctrine.3 Spurred by na- tional concern, Congress began to focus on discrimination in education based on sex, resulting in the passage of Title IX of the Education Act Amendments of 1972, the primary tool defin- ing equal educational opportunities on the basis of sex.4 In keeping with this policy, Congress also amended at least three major statutes to alleviate sex discrimination in education, the most important being the amendment of Title VII of the 1964 Civil Rights Act to include as a protected class employees * Professor of Law, University of Mississippi; B.A., Sophie Newcomb College (Tu- lane); M.A., Teacher's College, Columbia University; J.D., Yale University. See, e.g., Berkelman v. San Francisco Unified School Dist., 501 F.2d 1264 (9th Cir. 1974)(public secondary admissions quotas based on sex); Burkey v. Marshall County Bd. of Educ., 513 F. Supp. 1084 (N.D. W. Va. 1981)(lower pay for coaches of girls' athletic teams). 1 R. SALOMONE, EQUAL EDUCATION UNDER LAW 143 (1986). The success of racial mi- norities encouraged women to seek reform through legislative and judicial action. Id. Women who had participated in the antiwar and civil rights movements acquired skills in organizing group pressure to effect social change. Id. 3 Id. ' Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (1976). Section 1681 states: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance .... Id.

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