The news is official, the Department of Education is going to reverse the 2005 guidance.
In March 2005, the Office of Civil Rights (OCR) of the U. S. Department of Education issued the Additional Clarification of the Intercollegiate Athletics Policy. The “Clarification” allows colleges to use student interest web-based surveys that follow specific technical guidelines outlined by the National Center for Education Statistics (NCES) to assess students’ athletic interests as a means to demonstrate Title IX compliance with Prong 3 (meeting athletic interests and abilities). According to the OCR, there is no fairer way to measure interest than to ask directly. To provide technical assistance in implementing a viable interest evaluation that is acceptable, the NCES prepared the “Model Survey” and User’s Guide to Developing Student Interest Surveys.
Schools using the surveys incorporate them into college registration forms. The surveys are not “spam emails” sent out to female students as have been characterized.
For more details, go to the College Sports Council blog.