Grievance filed with Workplace of Civil Rights towards Ballinger ISD

BALLINGER – Volleyball has been a hot topic at Ballinger in recent years. Lately, many parents have been determined that the school district have a volleyball program in place. The subject is complex. It is not just a question of sizeable funds, but at what level the program will start. At the school board meeting in January 2020, Ballinger ISD Athletic Director and head football coach Chuck Lipsey addressed the prospect of adding volleyball, but not immediately at the college level: “We should be playing at the sub-college level for 2 to 3 years. We don’t want to throw the children into a school schedule. If we do that, the kids will stop because the team will always be beaten. “

At that meeting, BISD Superintendent Jeff Butts said the Ballinger Youth Sports Association will start a volleyball program this fall that will teach the kids the basics and conditioning they’ll start in volleyball. “

Complaint filed with the Citizens’ Rights Office

The practice of volleyball has now been brought to a higher power, with a complaint filed with the Citizens’ Rights Office. A letter Butts sent to the board members dealt with the investigation:

“A complaint has been filed with the Office of Civil Rights (OCR) about our lack of volleyball. We currently have a deadline to respond to the complaint by June 11th. We have requested an extension of that deadline . We are in the process of collecting the information requested by the OCR. I hope the OCR will extend the deadline so that we can have more time to collect this information. I got our Title IX attorney last year when the volleyball problem showed up, had our 2019-2020 numbers run out first and we were in agreement. I contacted our attorney and we are working on the documents the OCR requires us to fill out and submit. I will keep you informed. “

Title IX, also known as Patsy Takemoto Mink Equal Opportunity in Education Act, clause of the Federal Education Amendments of 1972, went into effect on June 23, 1972. It states, “No person in the United States should be excluded, denied benefits, or discriminated against on the grounds of gender” from participating in any federally funded educational program or activity. “

Basis of the complaint

The lawsuit revolves around the allegation that Ballinger ISD does not offer female athletes as many opportunities as male athletes. Girls can play six sports at Ballinger High School: cross-country skiing, basketball, softball, athletics, golf, and tennis. Cheerleading is not a sport. Boys enjoy seven sports: soccer, basketball, baseball, athletics, cross-country skiing, tennis, and golf. Many parents believe that football gives boys more opportunities to participate in school sports than girls.

The National Women’s Law Center website (www.nwlc.org) specifically mentions Title IX: “Since Title IX became law in 1972, we have worked continuously to ensure that girls are treated fairly in school sports programs. Title IX prohibits schools from discriminating against students based on their gender. This means that girls have the same right to play as boys. We are going to court to ensure that schools give women athletes equal access to sporting opportunities. We’ll fight back when schools try to weaken Title IX protection. We advocate federal guidelines to ensure schools report accurate numbers about their student athletes so we can hold them accountable to the law. We have come a long way and we will work just as hard until all girls have a fair chance to reap the many benefits the sport can offer. “

Just Play Now (www.justplaynow.org) also addresses the issue on their website:

“In relation to sports programs, Title IX requires schools to:

Provide non-discriminatory opportunities for male and female students to participate in sports;

Treat both male and female student athletes fairly and offer female athletes the same treatment and benefits as male athletes; and

Award college athletic scholarships in proportion to the number of female and male athletes in the school.

A note on financing

The budgets for women’s and men’s teams do not have to be the same: sport-specific cost differences are permitted (e.g. soccer jerseys for boys are more expensive than volleyball jerseys for girls). But the benefits have to be the same – the soccer jerseys may not be new and of the highest quality every year, while the volleyball jerseys are several years old and made of shabby materials.

If performance is not equal, a school cannot use the excuse that it does not have enough money to provide better equipment, materials, facilities, etc. for female teams. If the boys’ sports program receives greater benefits but the school has limited resources, the school has only three options for completing Title IX:

Increase in benefits for girls;

Decrease benefits for boys; or

Do something of both.

The school district claims it complies with Title IX

The district has claimed that it offers boys and girls equal opportunities to participate in sports. At the board meeting, Butts pointed out that the district attorney agreed that the district complied with Title IX.

According to the letter, Ballinger has until Friday 11 June to respond to the complaint. As the letter shows, Butts asked for an extension. The investigation into the allegation could take several weeks. Up to this point, it was simply parents and others within the community who were divided into those who believe the school obeys the rules and those who do not. Now it could be the Civil Rights Office that makes the final decision.

One issue that concerns some parents is the much-needed updating of areas within the school, such as the science laboratory. Parents fear that the cost of volleyball could hamper the renovation of these areas.

Adding volleyball would cost around $ 200,000, according to the district. That includes a one-time cost of $ 43,350 that would include the network system and striping of four gyms. Accident insurance would run the school for $ 13,350. Add to these numbers the cost of uniforms, payment of game management officials, the salaries of head and co-head coaches, and the numbers go up fast. At the board meeting in January 2020, hiring a volleyball coach was discussed, with general consensus being that instead of a teacher / trainer on a coaching scholarship, a full-time head coach would be hired to get the program off the ground. This would include 3 or 4 years of playing at the sub-college level (junior high and JV).

Some schools have addressed Title IX issues by opening their soccer program to girls, giving girls an equal opportunity to participate in sport. Currently, some of the small schools in the area that offer volleyball are Miles, Olfen, Veribest, Bronte, Paint Rock, Coleman, Water Valley, Rochelle, Wall, Sonora, Reagan County, and Brady.

Butts received an email regarding the investigation. He replied, “We have received a notice from the Office of Civil Rights (OCR) that a complaint has been filed against the county. The complaint alleges that Ballinger ISD discriminates against female students for not playing volleyball. We are required to submit certain information to the OCR by June 25th. The original deadline was June 11th, but they have extended the deadline to June 25th. I’m in the process of collecting the information to send to OCR for review. “

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