Discriminatory Grading Practices in High School PE

[kheu]

What is the name of your state (only U.S. law)? CA

One third of the final grade in my daughter's freshman high school PE class was based upon physical fitness, measured by running times. Female students were required to run a mile in under 7min 15sec to earn an A, and male students are required to run under 6 min 30 sec to earn an A. I looked this up on the presidential physical fitness charts, and the running time for females places them in the 95%-100% for 14 year old girls in the US, and the boy's running time places them in the 80%-85% for 14 year old boys in the US. This implies that females are required to achieve a higher level of physical fitness in order to earn the same grade as males.

Title 34, paragraph 106.43 specifically addresses this issue and prohibits any school that is federally funded from applying standards that have adverse affects on one sex in physical education classes.

I prepared a summary with documentation and presented it the principal. She promised to correct the issue but never did. I appealed to the school superintendent, and she never responded to my letter on this topic. When I pointed out the discrimination to the PE teacher, he told that if I didn't stop complaining that he would make my daughter run under 6 min 30 sec in order to earn A.

This issue makes me so angry. I know that this is just PE, but it would be very easy for the school to correct. Unfortunately, the apathy of the school administration allows the misogynistic actions of the PE teacher to persist. I feel that the female students need to be protected from this type of abuse, and the school administration did not do this.

Do I have a basis to sue the school, principal, or teacher for disciminating against my daughter? How do I proceed?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

One third of the final grade in my daughter's freshman high school PE class was based upon physical fitness, measured by running times. Female students were required to run a mile in under 7min 15sec to earn an A, and male students are required to run under 6 min 30 sec to earn an A. I looked this up on the presidential physical fitness charts, and the running time for females places them in the 95%-100% for 14 year old girls in the US, and the boy's running time places them in the 80%-85% for 14 year old boys in the US. This implies that females are required to achieve a higher level of physical fitness in order to earn the same grade as males.

Title 34, paragraph 106.43 specifically addresses this issue and prohibits any school that is federally funded from applying standards that have adverse affects on one sex in physical education classes.

I prepared a summary with documentation and presented it the principal. She promised to correct the issue but never did. I appealed to the school superintendent, and she never responded to my letter on this topic. When I pointed out the discrimination to the PE teacher, he told that if I didn't stop complaining that he would make my daughter run under 6 min 30 sec in order to earn A.

This issue makes me so angry. I know that this is just PE, but it would be very easy for the school to correct. Unfortunately, the apathy of the school administration allows the misogynistic actions of the PE teacher to persist. I feel that the female students need to be protected from this type of abuse, and the school administration did not do this.

Do I have a basis to sue the school, principal, or teacher for disciminating against my daughter? How do I proceed?

If I were you I would be absolutely livid if ANY child were required to run a mile under those standards period, in order to earn an A in PE. Some children have no business attempting to run a mile at all, it could be adverse to their health. PE grades should be based on showing up, and trying your best. Nothing more, nothing less. PE grades should NEVER be based on physical ability.

And how dare that PE teacher threaten your child's grade because you had a valid complaint.

If I were in your shoes I would show up at the next school board meeting (or do whatever you have to do to get on the docket for the school board meeting) and demand that the teacher be seriously disciplined, if not fired. I come from a family of educators, including a father who was president of our local school board for 8 years, and I can guarantee that no teacher would have gotten away with something like that under his watch.

 

[tranquility]

I disagree with LdiJ on fitness standards unless all classes are to be tested on effort rather than ability. One mile walk/run is a standard testing protocol in our schools today. I'd prefer a beep test, but that is much more expensive to run.

As to the OP's problem, I think the key to the problem is the assumption of discrimination and use of terms like misogynistic. As with the OP, I feel the wrong criteria are being used making an unfair comparison to national averages. I would first attempt to get the actual reasoning behind the criteria before making wild claims as to the motivations behind them. Are the criteria based on class standards, school standards, local standards or state standards? Perhaps early testing had the girls more fit than the boys. (Maybe because of a statistical anomaly of average birth day as related to school cut off or a higher percentage of girls in the class are participants in sports than boys.) This criteria may add to the actual achievement standard with an effort standard as well. If the teacher just pulled out the numbers out of his hat, even THAT is not evidence of discrimination or hating girls, even if it has discriminatory effect. It is important at this time to separate the effect from the motivation. Focusing on the latter will guarantee a harder time to get change.

So, first gather more information. Ask them for the reasoning behind the criteria. Apologize for jumping to the conclusions you did before. I know I assuming you did use those terms and attitude, but accept you are the only one to really know your actions. Remember, at the same time, how you might have come across to others protecting their turf.

If after the gathering, you are either stonewalled to a response in a reasonable time or see no valid justification, then start thinking about going to the school board or seeking legal remedies. I know how I would squeeze to make sure I get a substantive response, but each district or school is different and the people to talk to and convince are different in each.

None of that is to say this could not be a serious problem. I've coached women and girls in soccer all my life and much of my leisure time has been dedicated to helping them gain success through and not in sport. I care about the problem you are speaking of. However, I'm not sure things should be at such a contentious point right now. There are good ways and there are bad ways to fight the system. Getting mad is usually the bad way until and unless you have them by the short hairs. Statistical comparisons on a national level is no where near that place as yet.

Good luck. Keep us informed and feel free to bounce more ideas off the list.

 

[LdiJ]

I disagree with LdiJ on fitness standards unless all classes are to be tested on effort rather than ability. One mile walk/run is a standard testing protocol in our schools today. I'd prefer a beep test, but that is much more expensive to run.

Tranq, I would agree with you if the student merely had to complete a run/walk of one mile to get an A. That is not the case here. This also isn't the case of people who are trying out to be part of a sports team, these are all manner of children required to take PE.

As to the OP's problem, I think the key to the problem is the assumption of discrimination and use of terms like misogynistic. As with the OP, I feel the wrong criteria are being used making an unfair comparison to national averages. I would first attempt to get the actual reasoning behind the criteria before making wild claims as to the motivations behind them. Are the criteria based on class standards, school standards, local standards or state standards? Perhaps early testing had the girls more fit than the boys. (Maybe because of a statistical anomaly of average birth day as related to school cut off or a higher percentage of girls in the class are participants in sports than boys.) This criteria may add to the actual achievement standard with an effort standard as well. If the teacher just pulled out the numbers out of his hat, even THAT is not evidence of discrimination or hating girls, even if it has discriminatory effect. It is important at this time to separate the effect from the motivation. Focusing on the latter will guarantee a harder time to get change.

Again, I disagree. No child's PE grade should be based on physical ability. Its a discriminatory standard...and a potentially dangerous one.

So, first gather more information. Ask them for the reasoning behind the criteria. Apologize for jumping to the conclusions you did before. I know I assuming you did use those terms and attitude, but accept you are the only one to really know your actions. Remember, at the same time, how you might have come across to others protecting their turf.

If after the gathering, you are either stonewalled to a response in a reasonable time or see no valid justification, then start thinking about going to the school board or seeking legal remedies. I know how I would squeeze to make sure I get a substantive response, but each district or school is different and the people to talk to and convince are different in each.

Again, I do not agree. I think its time to go to the school board now. When a teacher threatens to hold a child to a higher standard than everyone else if the parent doesn't stop complaining, the teacher is so far out of line its ridiculous.

None of that is to say this could not be a serious problem. I've coached women and girls in soccer all my life and much of my leisure time has been dedicated to helping them gain success through and not in sport. I care about the problem you are speaking of. However, I'm not sure things should be at such a contentious point right now. There are good ways and there are bad ways to fight the system. Getting mad is usually the bad way until and unless you have them by the short hairs. Statistical comparisons on a national level is no where near that place as yet.

Good luck. Keep us informed and feel free to bounce more ideas off the list.

Tranq, you were coaching people whose physical fitness and ability was already a given.

 

[kheu]

If I were you I would be absolutely livid if ANY child were required to run a mile under those standards period, in order to earn an A in PE. Some children have no business attempting to run a mile at all, it could be adverse to their health. PE grades should be based on showing up, and trying your best. Nothing more, nothing less. PE grades should NEVER be based on physical ability.

While I might not agree with the PE teacher's grading policy, I cannot contest it. He is the teacher, and he has the legal right to run his class as he wishes. I can argue that he needs to grade male and female students equally, though.

 

[OHRoadwarrior]

The key here is implies. First, you are basing your argument on standards developed decades ago. I think it is safe to conclude the statistical deviations have changed a bit since then. Second, the boys 85th percentile and 50th percentile times show a basic differential of 1.5 minutes. Girls times showed about a 2 minute variation between the 50th and 85th percentile. I suggest you go back and research the numbers based on 2013 numbers, then come back with your findings.

 

[tranquility]

Tranq, I would agree with you if the student merely had to complete a run/walk of one mile to get an A. That is not the case here. This also isn't the case of people who are trying out to be part of a sports team, these are all manner of children required to take PE.



Again, I disagree. No child's PE grade should be based on physical ability. Its a discriminatory standard...and a potentially dangerous one.



Again, I do not agree. I think its time to go to the school board now. When a teacher threatens to hold a child to a higher standard than everyone else if the parent doesn't stop complaining, the teacher is so far out of line its ridiculous.



Tranq, you were coaching people whose physical fitness and ability was already a given.

Some have a better aptitude for math, some for reading, some for art, and some for athleticism. 'Try' is not how any are graded. As to if there should be grades at all is a discussion for a different day.

'Physically discriminating standard' means, 'standard'. All standards discriminate based on inherent abilities. The effort I put into math classes was far less than most of my classmates. Was it fair I met the highest standard? PE should probably have classes divided into eagle and bluebird levels like math. It is not discrimination they are not.

As to the danger, schools have been doing fitness tests for decades. The mile run/walk was included in the President's testing all the way back to the 60's. I'm not seeing a lot of data on the danger.

The teacher to make a threat of increased standards was wrong. But, the OP admits she has been....assertive to her position. Have you ever dealt with a parent or client who was repeatedly in your face about something? You know, really in your face questioning your professional judgment and accusing your motives with hot button terms? A reactive statement that is unfortunate is far different than if the actual statement were carried out.

 

[LdiJ]

Some have a better aptitude for math, some for reading, some for art, and some for athleticism. 'Try' is not how any are graded. As to if there should be grades at all is a discussion for a different day.

'Physically discriminating standard' means, 'standard'. All standards discriminate based on inherent abilities. The effort I put into math classes was far less than most of my classmates. Was it fair I met the highest standard? PE should probably have classes divided into eagle and bluebird levels like math. It is not discrimination they are not.

As to the danger, schools have been doing fitness tests for decades. The mile run/walk was included in the President's testing all the way back to the 60's. I'm not seeing a lot of data on the danger.

The teacher to make a threat of increased standards was wrong. But, the OP admits she has been....assertive to her position. Have you ever dealt with a parent or client who was repeatedly in your face about something? You know, really in your face questioning your professional judgment and accusing your motives with hot button terms? A reactive statement that is unfortunate is far different than if the actual statement were carried out.

Of course I have dealt with clients like that. However you are comparing apples to oranges.

You are also comparing academics to PE. My sister is a PE teacher. I just spoke to her. She thinks this teacher should be fired, immediately.

 

[OHRoadwarrior]

Of course I have dealt with clients like that. However you are comparing apples to oranges.

You are also comparing academics to PE. My sister is a PE teacher. I just spoke to her. She thinks this teacher should be fired, immediately.

Instead of her giving an unqualified opinion, perhaps you can practice FA dentistry to get some verifiable facts out of her, relevant to the issue. Your family does seem to have a history of emotional response over legal reality.

 

[LeeHarveyBlotto]

The teacher should not have threatened to change the standards for your child individually. He should have thanked you for pointing out the difference and immediately raised the standards for the boys to achieve the equality you want.

 

[OHRoadwarrior]

The teacher should not have threatened to change the standards for your child individually. He should have thanked you for pointing out the difference and immediately raised the standards for the boys to achieve the equality you want.

OP has not established what valid comparable numbers are. She has only brought up numbers that are decades old in support of her contention. Before she has a case, she needs evidence.

 

[Zigner]

The teacher should not have threatened to change the standards for your child individually. He should have thanked you for pointing out the difference and immediately raised the standards for the boys to achieve the equality you want.

You mean lowered, right?

 

[kheu]

OP has not established what valid comparable numbers are. She has only brought up numbers that are decades old in support of her contention. Before she has a case, she needs evidence.

The data I provided was from the 2008 Presidential Physical Fitness standards. It is not decades old. It is the most current data released at this time.

 

[LdiJ]

Instead of her giving an unqualified opinion, perhaps you can practice FA dentistry to get some verifiable facts out of her, relevant to the issue. Your family does seem to have a history of emotional response over legal reality.

There is nothing emotional about this, and the facts are clear. There is no "dentistry" to practice. Children are being graded based on physical ability rather than effort. When a complaint was made to the teacher the child's grade was threatened by the teacher.

Both are unacceptable.

 

[tranquility]

The data I provided was from the 2008 Presidential Physical Fitness standards. It is not decades old. It is the most current data released at this time.

I think your reading of the percentiles on a national level are reasonably correct. There are different and more modern numbers out there, but they certainly comport. If you really wanted accuracy, you would find current Vo2 max statistics and then use Cooper's estimates of comparative values through the mile test. However, as I said before, that is not the issue. (I recognize you were not responding to me.) The issue is that you need to find out the reason why these numbers were chosen in your daughter's class. There are a number of reasons why the grading standards may be acceptable and non-discriminatory. The research I think you'd find more profitable is the why of these numbers in this class and not the correctness of the comparative norms. That comes later.