IndexIntroductionEnforcement Activities by the Executive BranchConclusionReferencesIntroductionTracing the trajectory of Title IX over 40 years, this paper argues that it does not neatly fit Kingdon's argument for agenda setting. Although Kingdon's multiple streams theory frames a global perspective to analyze how problems are defined and placed on the government's policy agenda, it does not sufficiently explain how ideas fuel the implementation process. This essay argues that politics is not only an outcome but also an implementation process involving competition and negotiation between various groups. The process of implementing Title IX is an essential part of understanding its trajectory—how it has been interpreted, expanded, or contracted over the past 40 years. This article begins with Kingdon's theory of political agenda setting and its limitations, then highlights the roles of the executive branch and the judicial branch in the process of applying and interpreting Title IX. Finally, this article discusses the conflicts that occurred during the policy implementation process between different parties. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Of course, Kingdon's multiple streams theory provides a useful framework for explaining how one policy solution, Title IX of the Education Amendments of 1972, was adopted to solve problems of sex discrimination that include sexual harassment and women's unequal access to educational opportunities. Kingdon supports the idea that political windows open when political flow, policy flow, and problem flow converge together. In other words, defined problems with feasible solutions and supportive policy entrepreneurs are vital to policy agenda setting, which offers a sufficient explanation for the rise of Title IX. The passage of Title IX was the result of the coupling of three streams. In the 1960s, feminists intensely advocated the elimination of sex discrimination in education employment. At the same time, policymakers have recognized the need to recruit more women into faculty ranks as the number of colleges and universities has grown dramatically. This recruitment created a larger conversation. A professor at the University of Maryland College Park, Bernice Sandler, argued that sex discrimination in higher education employment needed congressional attention. Congresswoman Edith Green held a hearing to investigate this situation and then requested legislation that would amend Title VII of the Civil Rights Act of 1964 to include employees of educational institutions. In 1972, President Richard Nixon signed Title IX into law. It declared 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 educational program or activity receiving Federal financial assistance.” Political agenda setting is not without limitations. According to Peter, the multiple stream model is dominated by agenda setting and does not explain how ideas flow into the implementation process and vice versa. This idea is exceptionally adaptable to the trajectory of Title IX over the past 40 years: the implementation process dominates most of its development, including its interpretation by the judiciary, its application by the executive branch, and emerging problems and conflicts as a result of Lelaw enforcement activity by the executive branch Kingdon downplays the role of the executive branch in his theory of political agenda setting. Compared to Congress, he argues that the executive branch does not play a significant role in setting the political agenda because it does not possess the same political influence as the legislative branch. In the implementation process, however, the executive power is the main actor. In the case of Title IX implementation, its monitoring and enforcement has been entrusted to the U.S. Department of Education's Office for Civil Rights (OCR). Under Title IX regulations, the OCR's goal is to make every effort with an educational institution to resolve violations of civil rights law." To carry out its job, the OCR must respond to complaints and initiate actions monitoring efforts regarding sex discrimination. Given its limited staff and budget, the OCR has focused almost exclusively on complaints rather than compliance reviews. As a result, there is widespread consensus that the OCR has been a weak performer of this law. It was only in 1987 that OCR completed a crucial document, “Title IX Complaint Procedures,” designed to assist schools in establishing Title IX complaint procedures. During the same period, OCR signed agreements with 17 agencies to conduct Title IX compliance reviews on their behalf. The outcome of OCR's policy implementation is difficult to define: there have been some improvements, but not enough. Since its passage in 1972, Title IX has had a profound impact by helping to change attitudes, assumptions, and behaviors and, consequently, our understanding of how sexual stereotypes can limit educational opportunities. Statistics in one report showed a decline from 1980-82 to 1990-92 in the number of dropouts among high school girls who became pregnant. It also presented data showing more girls were studying algebra, geometry and chemistry. The OCR report expressed satisfaction that in 1994, 38 percent of women earned a medical degree compared to 9 percent in 1972, and 43 percent of women earned a law degree in 1994 compared to 7 percent in 1972 He also noted that although there were There was an increase in the percentage of doctors who earned women in science from 9% in 1973 to. 20% in 1993, fewer women earned doctorates in mathematics and physical sciences (of which 17% were women), computer science (14%), and engineering (7%). Ten years later, according to a document released by the National Coalition of Women and Girls in Education taking stock of Title IX on its 35th anniversary, the political achievement has not been enough. Among the many shortcomings, the fact that women are still severely underrepresented as students and faculty in the fields of physics, computer science, and engineering is the most pressing. The authors attributed this underrepresentation to “biased career counseling, gender stereotypes, unequal treatment by teachers, sexual harassment, and other discriminatory practices.” Based on the analysis, we could conclude that although enforcement power is primarily in the hands of the ORC, the poorly funded and understaffed system limits its ability to monitor and enforce. According to Poulantzas, administrative procedures and routines give state bureaucrats “relative autonomy” in the policy-making process. Kingdon also argues that state bureaucrats enjoy the “freedom” to implement laws due to their permanent positions and long-term expertise. However, thisappears to be incorrect with the OCR, which is the central bureaucracy behind Title IX. There is no evidence that the OCR constituted a self-conscious, semi-autonomous group. Since the head of the OCR is a political appointment, its degree of enforcement largely depends on how the country's political leader perceives the issue of gender equality at that time. Kingdon's theory of political agenda setting does not shed much light on the importance of the judicial branch. , O. Title IX could be considered one of the most concise laws. His interpretation, however, is anything but simple. Judgment on daily actions by the Judiciary is nuanced and complex. Title IX has generated varying interpretations by judicial bodies at the district, state, and federal levels. Questions that are now well defined, such as whether Title IX covers education employment, are the product of long efforts over previous years. The trajectory of Title IX shows a tortuous path from its inception in 1972 to the present. It has experienced periods with interpretations that broadened its scope and with setbacks that limited its adaptation. Major legal disputes that reached the level of the US Supreme Court and culminated in decisions that expanded or strengthened Title IX such as: Jackson v. Birmingham Board of Education (2005; 544 US 167), in which the Court prohibited retaliation against those who reported sex discrimination, a decision seen as encouraging victims and witnesses to come forward. Equity in Athletics Inc. v. Department of Education (2011), in which the Supreme Court declined to hear this case challenging the use of the OCR three-part test for athletics enforcement. Other U.S. Supreme Court decisions have narrowed or made ambiguous the scope of Title IX. Chief among these is National College Athletic Association v. R. M. Smith (1999; 525 US 459), in which the Court decided that dues paid to the NCAA by institutions that received federal aid did not make the NCAA an entity that could be sued under Title IX because the law applies only to institutions that directly receive federal funding. In summary, compared to the executive power, the judicial power assumes a certain autonomy. The Supreme Court's most critical Title IX decisions do not support the view that a coherent judicial branch is set up to uphold the repression of women through patriarchal structures. However, the legal rulings that oscillate between narrowing and broadening the scope of Title IX are indisputable. Through the Court's decisions, concepts such as sexual harassment, equal opportunity, the individual right to compensation, the right to economic compensation, and freedom from retaliation are gradually incorporated into the interpretive scope of Title IX. Therefore, the judicial branch of the state has broken some deep-rooted rules established in the patriarchal system through its autonomy in interpreting laws. Kingdon's theory of political agenda setting views politics as an outcome by focusing exclusively on how issues move up the political agenda. However, it fails to clarify the dynamics within the policy cycle: new problems emerge during the policy implementation process, only to return to the policy cycle again to seek new solutions or refine the current one. Athletics has long been one of the most controversial provisions of Title IX. OCR has published guidelines such as the “three-part test,” which identifies three different ways schools and colleges can demonstrate compliance to promote nondiscriminatory treatment in the education system. This "test_01_297.
tags