The U.S. Department of Education is still refusing to undo steps it took last year to undermine Title IX provisions that prohibit discrimination by gender in any school receiving federal support (which is virtually every one, from kindergarten through grad school). The Department says that universities can use an email to women students surveying whether they are interested in playing sports on campus. Under these new regulations, a school only has to provide sports if enough young women respond to the survey with specific interest in specific sports.

Incredibly, schools do NOT have to survey the guys. Plus, the schools can count a no-response to the survey as an indication that the recipient is expressing NO interest. Any student taking Statistics 101 (or math, or logic) can tell you that this is not a valid way to conduct a survey—which makes this decision by the Education department even more baffling. It also ignores the statistical fact that it is very hard to measure interest in sports participation unless the opportunity for sports participation is already present—which, sadly, it is not (still) for many younger girls.

The NCAA came out strongly against the change, urging its member schools not to use the survey. But some secondary schools are reported to be using this “survey” method to avoid investing in gender equity. We need to remind everyone involved of how important sports participation has been for girls. Physical activity has real results, reducing teen pregnancy, depression, substance abuse, heart disease, and obesity, as the excellent “Her Life Depends On It” report from the Women’s Sports Foundation notes.

The administration’s whole approach to Title IX is dumbfounding, which is why all of us should raise our voices about it. I am outraged that our daughters are subject to such a double standard—and outraged that those charged with education in this country expect our sons to think that inequality is okay.

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