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The Major Legalities Surrounding Gender-Related Issues in Education
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An Understanding of Gender Bias
Gender bias, in short, is the preferential treatment of one gender over another.
Examples of gender bias can be seen regularly in our schools, but are at times so commonplace that they go unnoticed and escape
amelioration.
How is Gender Bias Present in Schools?
- Boys are the recipients of more state and national scholarships than girls
- Though girls are experiencing a decline in standardized test scores, they generally receive better grades than
boys
- Boys are more likely to be scolded in schools even if they are exhibiting the same behavior as females
- Boys are more likely than girls to be identified with learning disabilities and mental retardation
- Girls experience sexual harassment in schools beginning at an early age
- American Library Association award books tale more male centered stories that female centered stories
- Girls are five times less likely to consider technology related fields than boys
- Girls are more likely to attend college than boys
- Women are not nearly as well represented as men in textbooks
(According to the works of David and Myra Sadker and Joel Spring).
Why Is Gender Bias Problematic?
Gender bias inhibits the educational opportunities of students by producing an environment and delivering
a service that is not equittable between genders.
Why Is Legislation Important?
Legislation is important to ensure that institutional gender bias is prohibited. This legislation protects
students from facing educational inequities that result from gender bias.
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A Major Legislative Measure
Title IX of the 1972 Higher Education Act
Title IX begins, “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.” This law suggests that any educational institution receiving any governmental funding is not allowed to
deny anyone participation in or the benefits of any of that institutions programs on the basis of gender.
This law does not necessarily
prohibit any informal practices that might discourage a member of either sex from joining a particular organization, enrolling
in a particular program, or participating in a particular activity. In short, though this law bans institutional gender bias,
it cannot adequately enforce a ban on the individual gender biases that might informally perpetuate institutional gender bias.
While the law will protect students from facing overt instances
of gender bias, school administration, faculty, and staff will be responsible for protecting students from individualized
gender biases between staff members, between staff members and students, and between students. A comprehensive and explicit
school policy prohibiting any gender biases may be necessary to ensure all persons associated with the school will not receive
unfair treatment on the basis of gender.
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