New Mexico Public Education Department (NMPED)

Public Schools with Athletic Programs in Grades 7–12: Title 9 Assurance to School Board or Governing Body

Instructions: Complete the form and save on your computer. Upload the document into the Athletic Equities Document module. Your name will appear as the creator along with a time stamp this will suffice as an electronic signature.In addition provide a printed copy to your local school board or governing body.

School District: / State Charter:
School(s):
Name of Superintendent or Charter Administrator

I assure that the school named above is in compliance with the following 10 Key Areas of Title IX (check each box that applies):

Access to Higher Education

Athletics Under Title IX

Career Education

Education for Pregnant and Parenting Students

Employment

Learning Environment

Math and Science

Sexual Harassment Education

Standardized Testing

Technology

Explanation of Why Assurance Must Be Provided

House Bill 432, passed in the 2009 regular session, is the “School Athletics Equity Act.” The Act only applies to public and charter schools with an athletics program for grades 7–12. The Act implements state monitoring and district data reporting provisions related to the federal Public Law 92-318, Title 9 of the Education Amendments of 1972 which is codified at 20 U.S.C. 1681.

Title IX provides that, “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…”

The NMPED’s rule, 6.13.4(E) NMAC, Governing Gender Equity in Participation in Interscholastic Sports, which reflects the annual assurance requirement of the Act, requires public schools, “no later than August 31st of each year submit an assurance of compliance with Title IX to its local school board or governing body and provide a copy to the department.” The NMPED interprets that this assurance applies to any school that offers instruction in any combination of grades 7–12 where athletic programs are offered to student is any combination of those grades.

Failure to Provide Assurance to the NMPED

According to Section 22-31-5, NMSA 1978 “The Department shall publish, in a newspaper of general circulation in the state or on a publicly accessible web site, a list of public schools that fail to submit the assurance of compliance with Title IX.” The Act does not permit the NMPED to waive this assurance-filing requirement to extend the August 31st deadline.