NCJ Number
166929
Journal
New England Journal on Criminal and Civil Confinement Volume: 22 Issue: 1 Dated: (Winter 1996) Pages: 73-108
Date Published
1996
Length
36 pages
Annotation
This paper analyzes whether the Ninth Circuit Court erred in Jeldness v. Pearce (1994) in holding that Title IX applies to educational programs in prisons and how this decision will affect future litigants who bring discrimination actions against State prison officials for educational and vocational program violations.
Abstract
Under Title IX of the Education Amendments of 1972, "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 Ninth Circuit correctly stated in "Jeldness" that the provisions of Title IX applied to prison educational and vocational programs, because these programs were federally funded and not explicitly exempt. Until Congress takes action to exempt prisons, they should be covered under the regulations of Title IX. The Ninth Circuit erred, however, in raising the standard of review for Title IX actions. "Turner" identified the correct standard for gender disparity in prisons. Although "Turner" was an equal protection case, this should not change the analysis. Both deal with gender and both should have the same protections. Additionally, prison officials may have valid prison concerns that, in some instances, justify disparity in prison programming. The Ninth Circuit must recognize these concerns, because it is the prison officials who are the experts in managing a prison. 288 footnotes