# Education Amendments of 1972 *Federal education statute (Public Law 92-318, 86 Stat. 235) that enacted Title IX.* The **Education Amendments of 1972**, Public Law 92-318, printed at 86 Stat. 235 in the [[Statutes at Large]], amended the Higher Education Act of 1965, the Vocational Education Act of 1963, the General Education Provisions Act, the Elementary and Secondary Education Act of 1965 and related statutes.[^1] The measure began as Senate bill S. 659. The session law carries the date June 23, 1972, the day President Richard Nixon signed it.[^1][^2] Its [[Title IX]] provision, codified at 20 U.S.C. § 1681, bars exclusion or discrimination on the basis of sex in any education program that receives federal financial assistance.[^3] The statute's tie to the Minnesota record is set out in a 2021 presidential proclamation. Proclamation 10185 of April 20, 2021, issued on the death of [[Walter Mondale]], states that Mondale served [[Minnesota]] as Attorney General from 1960 to 1964 and as a United States Senator from 1964 to 1976.[^4] It credits him, as a Senator, with being instrumental in the passage of Title IX, and it gives that law's purpose as "to provide more opportunities for women".[^4] The proclamation states Title IX's purpose in terms of women; the codified text is keyed to sex.[^3][^4] Two months after the proclamation, on June 22, 2021, the Department of Education published a Notice of Interpretation, at 86 Fed. Reg. 32637. The notice addresses Title IX enforcement with respect to sexual orientation and gender identity in light of [[Bostock v. Clayton County]].[^5] ## Who The Act was passed by the 92nd United States Congress.[^2] According to the Wikipedia legislative history, Senator Birch Bayh (D–IN) introduced it in the Senate on February 28, 1972.[^2] The session law identifies the bill as S. 659.[^1] President Richard Nixon signed it on June 23, 1972.[^2][^6] Section 2 assigns the Act's functions to two officials. "Secretary" means the Secretary of Health, Education, and Welfare. "Commissioner" means the Commissioner of Education.[^1] The Act also established an Advisory Council on Developing Institutions of nine members, appointed by the Commissioner with the Secretary's approval.[^1] It required the Librarian of Congress to report each year to Congress on the acquisition and cataloging work done under Part C of title II of the Higher Education Act.[^1] ## What Section 101 extended appropriations for the community-service and continuing-education programs in title I of the Higher Education Act of 1965.[^1] Section 102 let the Commissioner reserve up to 10 per centum of those sums for grants addressing national and regional problems.[^1] Section 111 rewrote the college library program. It combined grants for library resources with research and training in librarianship.[^1] Section 121 rewrote title III of the Higher Education Act, the program for strengthening developing institutions.[^1] The new title included a limitation: "None of the funds appropriated pursuant to section 301 (b) (1) shall be used for a school or department of divinity or for any religious worship or sectarian activity."[^1] Section 122 authorized emergency grants to institutions of higher education in serious financial distress.[^1] Title IX prohibits exclusion or discrimination on the basis of sex in any education program receiving federal financial assistance.[^3] Wikipedia also attributes two other provisions to the Act. It says Part D of Title III enacted the Federal Supplemental Educational Opportunity Grants. It says the Act changed student financial aid so that money went directly to students rather than through intermediary financial institutions.[^2] ## When The Wikipedia legislative history gives these steps:[^2] - The Senate passed the bill on March 1, 1972. - The House passed it on May 11, 1972. - A conference committee reported it on May 24, 1972, and the Senate agreed to the report that day. - The House agreed to the report on June 8, 1972. The bill was signed on June 23, 1972.[^1][^2] Under section 2(c), each provision took effect after June 30, 1972, unless otherwise specified.[^1] Wikipedia's infobox gives the effective date as June 23, 1972.[^2] Some amendments were expressly effective after June 30, 1971. Those were "deemed to have been enacted on July 1,1971."[^1] Wikipedia lists the Civil Rights Restoration Act of 1987 as a major amendment. It lists *Grove City College v. Bell* (1984) as a related Supreme Court case.[^2] On June 22, 2021, the Department of Education's Notice of Interpretation on Title IX and *Bostock v. Clayton County* appeared in the Federal Register.[^5] ## Why In section 122, Congress found and declared that the Nation's institutions of higher education "constitute a national resource."[^1] It also found that many such institutions were in financial distress. It recorded that "insufficient information is available" for Congress to determine the causes of that distress or the best remedy.[^1] The emergency grants were meant to help distressed institutions identify the nature and causes of their distress and the means of relieving it.[^1] Title III's program was to "strengthen the academic quality of developing institutions."[^1] For Title IX, the stated purpose in the record is the 2021 proclamation's phrase, "to provide more opportunities for women".[^4] The operative text is a prohibition keyed to sex in federally assisted education programs.[^3] ## How The Act worked by attaching conditions to federal funds. The Commissioner made grants to institutions on application.[^1] - **Developing institutions.** Grants for cooperative arrangements had to include policies ensuring that federal funds would "supplement and, to the extent practical, increase" other funding. They could "in no case supplant such funds."[^1] - **Emergency grants to public institutions.** A public institution first had to apply to its State agency, where one existed. That agency then had to find the institution in serious financial distress.[^1] - **Disclosure terms.** Applicants for emergency grants had to agree to disclose financial information. They also had to agree to a comprehensive cost-analysis study.[^1] - **Title IX.** Its condition runs with federal financial assistance to education programs.[^3] ## How much The Act authorized the following appropriations:[^1] - **Section 101 (community service and continuing education):** $10,000,000 for the fiscal year ending June 30, 1972; $30,000,000 for 1973; $40,000,000 for 1974; and $50,000,000 for 1975. - **Section 111 (college library programs):** $75,000,000 for the fiscal year ending June 30, 1973; $85,000,000 for 1974; and $100,000,000 for 1975. Seventy per centum went to library resources and 30 per centum to training and research. - **Section 114 (college and research library resources):** $9,000,000 for fiscal 1972, $12,000,000 for 1973, $15,000,000 for 1974 and $9,000,000 for 1975. - **Section 121 (developing institutions):** $120,000,000 for the fiscal year ending June 30, 1973, and each succeeding year ending before July 1, 1975. Seventy-six per centum was reserved for institutions planning to award bachelor's degrees. - **Section 122 (emergency assistance):** $40,000,000 for the period ending June 30, 1974. National Teaching Fellowship allowances were capped at $7,500, plus $400 for each dependent.[^1] Section 113 raised the maximum supplemental library grant factor from $10 to $20.[^1] ## How many Wikipedia records these vote counts:[^2] | Vote | Date | Result | |---|---|---| | Senate passage | March 1, 1972 | 88–6 | | House passage | May 11, 1972 | 275–125 | | Senate, conference report | May 24, 1972 | 63–15 | | House, conference report | June 8, 1972 | 218–180 | The Advisory Council on Developing Institutions had nine members.[^1] Several caps were set as shares of appropriations:[^1] - Waivers for institutions on or near an Indian reservation: no more than 1.4 per centum of title III appropriations. - Library special-purpose grants: a reserve of no more than 25 per centum. - Waivers of the non-Federal share: limited to 10 per centum of a program's appropriations. ## In the Minnesota record ### Who - [[Walter Mondale]] served Minnesota as Attorney General from 1960 to 1964 and as a United States Senator from 1964 to 1976.[^4] - He later served as [[Vice President of the United States]] from 1977 to 1981.[^4] ### When - Mondale was in the U.S. Senate when the Act was enacted on June 23, 1972.[^1][^4] - Proclamation 10185 is dated April 20, 2021, and was published in the Federal Register on April 23, 2021.[^4] ### What - Proclamation 10185 credits Mondale with being instrumental in the passage of Title IX "to provide more opportunities for women".[^4] - The record does not establish Mondale's recorded votes on S. 659. The legislative history in the record credits Senator Bayh with the bill's introduction.[^2][^4] ## Notes [^1]: U.S. Congress, *Public Law 92-318, Education Amendments of 1972*, 86 Stat. 235 (June 23, 1972) — session law: bill number S. 659, long title, section 2 definitions and effective dates, appropriations authorizations, title III revision, emergency assistance, and the Advisory Council. https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg235.pdf [^2]: Wikipedia, *Education Amendments of 1972* (revision 1359391797) — legislative history and votes, infobox effective date, later amendment and case, and student-aid and grant provisions. https://en.wikipedia.org/wiki/Education_Amendments_of_1972 [^3]: Legal Information Institute, Cornell Law School, *20 U.S.C. § 1681* — Title IX's prohibition of exclusion or discrimination on the basis of sex in education programs receiving federal financial assistance. https://www.law.cornell.edu/uscode/text/20/1681 [^4]: The President, *Proclamation 10185 of April 20, 2021: Death of Walter Mondale*, 86 Fed. Reg. 21633 (April 23, 2021) — Mondale's Minnesota and federal offices and the proclamation's statement on Title IX. https://www.govinfo.gov/content/pkg/FR-2021-04-23/pdf/2021-08655.pdf [^5]: U.S. Department of Education, *Enforcement of Title IX of the Education Amendments of 1972 With Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County*, 86 Fed. Reg. 32637 (June 22, 2021) — Notice of Interpretation and its date. https://www.federalregister.gov/documents/2021/06/22/2021-13058/enforcement-of-title-ix-of-the-education-amendments-of-1972-with-respect-to-discrimination-based-on [^6]: Wikipedia, *Title IX* — Nixon signs the Education Amendments of 1972 on June 23, 1972, and Title IX bans sex discrimination. https://en.wikipedia.org/wiki/Title_IX