The nomination of former presidential domestic policy advisor Margaret Spellings to the post of U.S. Secretary of Education has caused some consternation among advocacy groups that hope to reform a portion of the 1972 Title IX law that bans gender discrimination at educational institutions receiving federal funds.

Eric Pearson, executive director of the College Sports Council (CSC) and advocate for abolishing the proportionality section of the Title IX law, said he believes Spellings will be "no better if not worse" than former Education Secretary Rod Paige, who did not make any substantive changes in Title IX policies during his term. Advocates for change assert that the proportionality prong of the three-prong test for Title IX compliance harms male athletes because it leads to the elimination of athletics programs for men. The proportionality standard is commonly interpreted as requiring that the proportion of female athletes at an institution be the same or very close to the proportion of female undergraduates.

Spellings served as a top advisor to President George W. Bush during the work of the Commission on Opportunity in Athletics, a federal panel charged with examining the Title IX law and making recommendations for any necessary reforms.

The commission's work concluded in 2003 without major changes in the law. Paige decided to move forward with only those recommendations that the commission approved unanimously, not acting on suggestions such as allowing institutions to count available roster slots instead of actual participants and encouraging the Office for Civil Rights to revisit regulations that would permit outside funds to support teams that might be dropped or allow other teams to be added.

Mike Moyer, executive director of the National Wrestling Coaches Association, said that decision was "disappointing" to his group, which is one of the five organizations that combined to form the CSC, and expressed hope that the matter could be revisited.

"Typically in our country things don't require unanimous support in order to carry," Moyer said. "I think it remains to be seen."

Pearson isn't so optimistic.

"I think (the Spellings nomination) spells disaster," Pearson said. "I think that Margaret Spellings, being a top domestic policy advisor, she most likely undermined those (commission) reforms."

At her confirmation hearing, Sen. Hillary Rodham Clinton (D-New York) questioned Spellings about her commitment to Title IX. Spellings discussed the Bush administration's decision to reaffirm the law and her respect for that decision.

The nomination continues a string of frustrations the CSC has encountered with the Bush presidency, which at one time it regarded with bright hope after former President Clinton ignored the group's efforts to eliminate proportionality. Bush's willingness to examine the issue and appoint the commission raised expectations for reformers, but when their end goal wasn't reached through the commission process, those hopes were dashed.

"Bush has been as equally bad if not worse in my opinion. (President) Clinton never had a commission so he never had an opportunity to make a decision like that," Pearson said. "The administration is fully aware of the problems, and they choose to do nothing."

The appointment of Spellings will not deter the CSC from seeking Title IX reform, specifically the elimination of the proportionality part of the three-pronged test for Title IX compliance, he said. Pearson emphasized that the group has no desire to destroy Title IX in its entirety.

Moyer said he doesn't know much about Spellings and could not comment on her nomination in relation to the Title IX issue.

Christine Grant, associate professor and former women's athletics director at the University of Iowa, said Spellings is somewhat of an unknown. While Grant expects the appointed secretary to follow the example set forth by the commission, she said Spellings will certainly be watched closely by people on both sides of the issue.

"When you don't know somebody, you listen to what they have to say, but you especially watch what they do. I think for quite some time, people will be watching to see where she stands on this issue because this is an important issue," Grant said.

If Spellings were to attempt to reform the law, Grant anticipates significant resistance.

"I think she could probably expect the same type of reaction as occurred in 2002 and 2003 when people across this country stood up and said, 'We support Title IX for our daughters and our granddaughters,' " Grant said.

Jocelyn Samuels, vice-president and director of educational opportunities at the National Women's Law Center, said she anticipates Spellings will continue to maintain the Bush administration's support for Title IX policies as they stand and will enforce a July 2003 administration decision to undertake a technical assistance and public education campaign regarding the policies and their implementation.

"I anticipate that Margaret Spellings, if she is confirmed, will adhere to the principles of that policy guidance and implement them as set forth," Samuels said. She said she believes that while Spellings has not left a public track record on the issue of Title IX, the nominee was at least in part responsible for the decision to reaffirm the policies as written.