Washington (CNN) - The Obama administration plans to change the so-called Title IX policy which governs gender equality in sports, eliminating what some women's rights supporters claim is a Bush-administration loophole in compliance, according to a senior White House official.
Vice President Joe Biden is expected to announce the change Tuesday, said the official, who is not authorized to speak on the record.
The 1972 Title IX education amendment required gender equity in sports programs at educational institutions receiving federal funds.
Universities initially faced three requirements to prove they were complying with the law: that the proportion of male and female students participating in sports at the university was proportional to the number of male and female students enrolled in the university; that the university was expanding opportunities for women students in athletics; and that the university was meeting the athletic abilities and interests of women students.
In 2005, the administration of former President George W. Bush changed the third requirement, allowing the university to prove it was meeting the athletic interests of women by carrying out surveys of students' interest in sports. The NCAA and women's sports advocates said a low response to such surveys could be interpreted as indicating a lack of interest in sports when actually it could indicate a lack of availability of sports activities.
Under the new policy, universities will no longer be able to claim that a low response to surveys means a low interest in sports, the official said. The new rules still will allow the use of surveys, but universities will have to go further to prove they are complying.
The offiicial told CNN the new rules "restore the system to what it was before" the 2005 change. That rule "made it easier for universities to avoid complying with Title IX," the official said.