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Subpart F-Procedures [Interim

$ 106.71 Procedures.

The procedural provisions applicable
to title VI of the Civil Rights Act of
1964 are hereby adopted and incor-
porated herein by reference. These pro-
cedures may be found at 34 CFR 100.6–
100.11 and 34 CFR, part 101.
(Authority: Secs. 901, 902, Education Amend-
ments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681,
1682)

с
Comparable facilities

Housing, [42, 54]; 106.32

Other, 106.33, 106.35(b)
Compensation, [84, 87, 92]; 106.54
Counseling

Disproportionate classes, [45, 59]; 106.36(c)
General, (45, 59); 106.36(a)

Materials, [45, 59); 106.36(b)
Course Offerings

Adjustment period, (55); 106.34(a) (i)
General, [7, 43); 106.34
Music classes, [43]; 106.34(f)
Physical education, [43, 56, 58];

Sex education, [43, 57); 106.34(e)
Coverage, [5]; 106.11 to 106.17

Exemptions
Curricular materials, [52]; 106.42(a)

SUBJECT INDEX TO TITLE IX PREAMBLE AND

REGULATION 1

А

D

Definitions, [14, 15); 106.2 (a) to (r)
Designation of responsible employee, [20, 22];

106.8(a), (b)
Dissemination of policy, [21]; 106.9

Distribution, 106.9(c)
Notification of policy, [21]; 106.9(a)

Publications, 106.9(b)
Dress codes 106.31(b) (4)

Access to Course Offerings [43, 55, 56, 57, 58];

106.34
Access to Schools Operated by LEA's, [44];

106.35
Admissions, [5, 6, 30]; 106.15, 106.21
Affirmative and remedial action, [16, 17,

24]; 106.3(a); (b)
Administratively separate units, [30];

106.15(b) 106.2(0)
Educational Institutions, [30], 106.15(d),

106.2(n)
General, 106.21(a), 106.2(p),
Prohibitions relating to marital and paren-

tal status, [32, 36); 106.21(c)
Professional schools, (30), 106.2(m)
Public institutions of undergraduate high-

er education, 106.15(e)
Recruitment, [34, 35); 106.23
Specific prohibitions, 106.21(b)
Tests, (31); 106.21(b) (2)

Preference in admission, [35]; 106.22
Advertising, 106.59
Affirmative Action, see “Remedial and Af-

firmative Actions”
Assistance to “outside" discriminatory orga-

nizations, [40, 53); 106.31(b) (7), (c)
Assurances, [18]; 106.4

Duration of obligation, 106.4(b)

Form, 106.4(c)
Athletics, [69 to 78); 106.41

Adjustment period, [78]; 106.41(d)
Contact sport defined, 106.41(d)
Equal opportunity, [76, 77]; 106.41(d)
Determining factors, 106.41(c) (i) to (x)
Equipment, 106.41(c)
Expenditures, 106.41(c)
Facilities, 106.41(c)

E
Education Institutions
Controlled by religious organizations,

106.12
Application, [28, 29); 106.12(a)

Exemption, [26]; 106.12(b)
Education Program and Activities
Benefiting from Federal financial assist-

ance, [10, 11); 106.11
General, [10, 11, 53); 106.31(a)
Programs not operated by recipient, [41,

54); 106.31(c)
Specific prohibitions, [38, 39, 40, 53); 106.31

(b)
Effective Date, [3]
Employee responsible for Title IX, see

"Designation of Responsible Employee"
Employment

Advertising, 106.59
Application, 106.51(b)
Compensation, [84, 92); 106.54
Employment criteria, 106.52
Fringe benefits, [88, 89); 106.56
General, [81, 82, 87]; 106.51
Job Classification and Structure, 106.55
Marital and Parental Status, 106.57
Pregnancy, [85, 93]; 106.57(b)
Pregnancy as Temporary Disability, [85,

93); 106.57(c)

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Pregnancy Leave, [85, 93, 94]; 106.57(d)
Pre-Employment Inquiry

Recruitment, [83, 90, 91, 95]
Sex as a BFOQ, [96]; 106.61
Student Employment, [66); 106.38

Tenure, 106.51(b) (2)
Exemptions, [5, 27, 28, 29, 30, 53); 106.12(b),

106.13, 106.14, 106.15(a), 106.15(d), 106.16

Special classes, [50]; 106.40(b) (3)

Temporary leave, [50]; 106.40(b) (4), (5)
Membership Practices of Social fraternities

and sororities, [27, 28, 53); 106.14(a)
Voluntary youth service organizations, [27,

28, 53); 106.14(c)
YMCA, YWCA and others, [27, 28, 53];

106.14(b)
Military and Merchant Marine Educational

Institutions, [29]; 106.13

F

P

Federal Financial Assistance, 106.2(a)
Financial Assistance to students, [46, 60, 61);

106.37
Athletic Scholarships, [46, 64, 65); 106.37(d)
Foreign institutions, study at (63); 106.31(c)
General, 106.37
Non-need scholarships, (62); 106.37(b)
Pooling of sex-restrictive, [46, 61, 62];

106.37(b)
Sex-restrictive assistance through foreign

or domestic wills [46, 61, 62); 106.37(b)
Foreign Scholarships, see “Financial assist-

ance" 106.37 and “Assistance to 'outside'

discriminatory organizations”, 106.31(c)
Fraternities/Sororities

Social, [53, 27, 28); 106.14(a)
Business/professional, [40, 53, 27, 28); 106.31

(b) (7)
Honor societies, [40, 53); 106.31(b) (7)
Fringe benefits, [67, 88, 89); 106.56, 106.39

Part-time employees, [89]

Pooling, see “Financial Assistance", 106.37
Pre-employment Inquiries

Marital status, [86, 95); 106.60(a)

Sex, 106.60(b)
Preference in Admissions, (35); 106.22
See also “Remedial and Affirmative AC-

tion"
Pregnancy, Employment

General, [85, 93, 94); 106.57
Pregnancy, [85, 93, 94); 106.57(b)
Pregnancy as temporary disability, [85, 93,

94); 106.57(c)
Pregnancy leave, [85, 93, 94]; 106.57(d)
Students
General, (49, 50); 106.40 (a) and (b)
Pregnancy and related conditions; [50];

106.40(b) (1) to (5)
Class Participation, [50, 55, 58]; 106.40(b) (1)
Physical certification, [50]; 106.40(b) (2)
Special class, [50]; 106.40 (b) (3)

Temporary leave, [50]; 106.40(b) (4), (5)
Private Undergraduate Professional Schools,

[30]; 106.15(d)
Purpose of Regulation, [13]; 106.1

G

Grievance Procedure, see “Designation of re-

sponsible employee”, 106.8(a), (b)

R

H
Health and Insurance Benefits and Services,

[67, 88, 93]; 106.39, 106.56
Honor societies, [40, 53); 106.31(b) (7)
Housing, 106.32

Generally, (42); 106.32(b)
Provided by recipient, 106.32(b)
Other housing, (54); 106.32(c)

Real Property, 106.2(g)
Recruitment

Employment
Nondiscrimination, [83, 91); 106.53(a)

Patterns, 106.53(b)
Student

Nondiscrimination, [34, 35); 106.23(a)
Recruitment at certain institutions, 106.23

(b)
Religious Organizations

Application, [29, 28]; 106.12(a)

Exemption, [26]; 106.12(b)
Remedial and Affirmative Actions, [16, 17,

24]; 106.3

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Marital and Parental Status

Employment
General, [85, 93, 94]; 106.57
Pregnancy, [85, 93, 94]; 106.57(b)
Pregnancy as a temporary disability, [85,

93, 94); 106.57(c)
Pregnancy leave, [85, 93, 94); 106.57(d)
Students
General, [49]; 106.40(a), (b)
Pregnancy and related conditions, [50];

106.40(b) (1) (2) (3) (4) (5)
Class participation, [50]; 106.40(b) (1)
Physician certification, (50); 106.40(b) (2)

Scholarships, see “Financial Assistance",

106.37
Self-evaluation, [16, 22); 106.3(c), (d)
Surplus Property (see Transfer of Property

106.5)
Duration of obligation 106.4(b)
Real Property 106.4(b) (1)

T
Textbooks and curricular materials, [52, 79,

80]; 106.42
Termination of funds, [10, 11]

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110.10 Rules against age discrimination. 110.11 Definitions of “normal operation”

and “statutory objective.” 110.12 Exceptions to the rules against age

discrimination: Normal operation or statutory objective of any program or ac

tivity. 110.13 Exceptions to the rules against age

discrimination: Reasonable factors other

than age. 110.14 Burden of proof. 110.15 Affirmative action by recipients. 110.16 Special benefits for children and the

elderly. 110.17 Age distinctions contained in ED's

regulations.

$110.2 To what programs do these reg.

ulations apply? (a) These regulations apply to any program or activity receiving Federal financial assistance from ED.

(b) These regulations do not apply to

(1) An age distinction contained in that part of a Federal, State, or local statute or ordinance adopted by an elected, general purpose legislative body that

(i) Provides any benefits or assistance to persons based on age;

(ii) Establishes criteria for participation in age-related terms; or

(iii) Describes intended beneficiaries or target groups in age-related terms; or

Subpart C-Duties of ED Recipients 110.20 General responsibilities. 110.21 Notice to subrecipients. 110.22 Information requirements. 110.23 Assurances required. 110.24 Recipient assessment of age distinc

tions. 110.25 Designation of responsible employee,

notice, and grievance procedures.

(2) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program, except any program or activity receiving Federal financial assistance for employment under the Job Training Partnership Act (29 U.S.C. 1501 et seq.). (Authority: 42 U.S.C. 6103)

$110.3 What definitions apply?

The following definitions apply to these regulations: Act means the Age Discrimination Act of 1975, as amended (Title III of Pub. L. 94-135).

Action means any act, activity, policy, rule, standard, or method of administration, or the use of any policy, rule, standard, or method of administration.

Age means how old a person is, or the number of years from the date of a person's birth. Age distinction means

any action using age or an age-related term.

Age-related term means a word or words that necessarily imply a particular age or range of ages (e.g., “children," "adult,” “older persons,” but not "student” or “grade”).

Agency means a Federal department or agency that is empowered to extend financial assistance.

Applicant for Federal financial assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient or subrecipient.

Department means the United States Department of Education.

ED means the United States Department of Education.

Federal financial assistance means any grant, entitlement, loan, cooperative agreement, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which ED provides or otherwise makes available assistance in the form of(a) Funds; (b) Services of Federal personnel; or (c) Real and personal property or any interest in or use of property, includ

(1) Transfers or leases of property for less than fair market value or for reduced consideration, and

(2) Proceeds from a subsequent transfer or lease of property if the Federal share of its fair market value is not returned to the Federal Government.

Recipient means any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance from ED is extended, directly or through another recipient. “Recipient” includes any successor, assignee, or transferee of a recipient, but excludes the ultimate beneficiary of the assistance.

Secretary means the Secretary of Education, or his or her designee.

Subrecipient means any of the entities in the definition of “recipient” to which a recipient extends or passes on Federal financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance and has all the duties of a recipient in these regulations.

United States means the fifty States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

(Authority: 42 U.S.C. 6103)

Subpart B-Standards for Determining Age Discrimination

8 110.10 Rules against age discrimina

tion. The rules stated in this section are subject to the exceptions contained in 88 110.12 and 110.13 of these regulations.

(a) General rule. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

(b) Specific rules. A recipient may not, in any program or activity receiving Federal financial assistance, directly

ing

eration of the program or activity to continue, or to achieve any statutory objective of the program or activity;

(c) The other characteristic or characteristics can be reasonably measured or approximated by the use of age; and

(d) The other characteristic or characteristics are impractical to measure directly on an individual basis. (Authority: 42 U.S.C. 6103)

$110.13 Exceptions to the rules

against age discrimination: Reason

able factors other than age. A recipient is permitted to take an action otherwise prohibited by $110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective. (Authority: 42 U.S.C. 6103)

or through contractual, licensing, or other arrangements, use age distinctions or take any other actions that have the effect, on the basis of age, of,

(1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under a program or activity receiving Federal financial assistance; or

(2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.

(c) Other forms of discrimination. The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list. (Authority: 42 U.S.C. 6101-6103) $ 110.11 Definitions of “normal oper.

ation" and "statutory objective. For purposes of these regulations, the terms normal operation and statutory objective have the following meanings:

(a) Normal operation means the operation of a program or activity without significant changes that would impair its ability to meet its objectives.

(b) Statutory objective means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected, general purpose legislative body. (Authority: 42 U.S.C. 6103) $110.12 Exceptions to the rules

against age discrimination: Normal operation or statutory objective of

any program or activity. A recipient is permitted to take an action otherwise prohibited by $110.10 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if

(a) Age is used as a measure or approximation of one or more other characteristics;

(b) The other characteristic or characteristics must be measured or approximated in order for the normal op

$110.14 Burden of proof.

The burden of proving that an age distinction or other action falls within the exceptions outlined in S$110.12 and 110.13 is on the recipient of Federal financial assistance.

(Authority: 42 U.S.C. 6104)

$110.15 Affirmative action by recipi

ents. Even in the absence of a finding of discrimination, a recipient may take affirmative action to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity on the basis of age. (Authority: 42 U.S.C. 6103)

g 110.16 Special benefits for children

and the elderly. If a recipient operating a program provides special benefits to the elderly or to children, the use of age distinctions is presumed to be necessary to the normal operation of the program, notwithstanding the provisions of $110.12.

(Authority: 42 U.S.C. 6103)

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