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CHAPTER OFFICE FOR CIVIL RIGHTS,

DEPARTMENT OF EDUCATION

Part

Page

100

309

101

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104

341

105

Nondiscrimination under programs receiving Fed

eral assistance through the Department of Edu-
cation effectuation of title VI of the Civil Rights

Act of 1964 .......
Practice and procedure for hearings under part 100

of this title
Nondiscrimination on the basis of handicap in pro-

grams or activities receiving Federal financial

assistance .........
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the Department of Education
Nondiscrimination on the basis of sex in education

programs or activities receiving Federal finan

cial assistance
Nondiscrimination on the basis of age in programs

or activities receiving Federal financial assist-
ance ....

374

106

380

110

399

UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Sec. 100.1 Purpose. 100.2 Application of this regulation. 100.3 Discrimination prohibited. 100.4 Assurances required. 100.5 Illustrative application. 100.6 Compliance information. 100.7 Conduct of investigations. 100.8 Procedure for effecting compliance. 100.9 Hearings. 100.10 Decisions and notices. 100.11 Judicial review. 100.12 Effect on other regulations; forms

and instructions. 100.13 Definitions. APPENDIX A TO PART 100 -FEDERAL FINAN

CIAL ASSISTANCE TO WHICH THESE REGU

LATIONS APPLY
APPENDIX B TO PART 100-GUIDELINES FOR

ELIMINATING DISCRIMINATION AND DENIAL
OF SERVICES ON THE BASIS OF RACE,
COLOR, NATIONAL ORIGIN, SEX, AND HAND-

ICAP IN VOCATIONAL EDUCATION PROGRAMS AUTHORITY: Sec. 602, 78 Stat. 252; 42 U.S.C. 20000-1, unless otherwise noted.

SOURCE: 45 FR 30918, May 9, 1980, unless otherwise noted.

tended after the effective date of the regulation pursuant to an application approved prior to such effective date. This regulation does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended before the effective date of this regulation, (c) the use of any assistance by any individual who is the ultimate beneficiary, or (d) any employment practice, or any employer, employment agency, or labor organization, except to the extent described in $100.3. The fact that a type of Federal assistance is not listed in appendix A shall not mean, if title VI of the Act is otherwise applicable, that a program is not covered. Federal financial assistance under statutes now in force or hereinafter enacted may be added to this list by notice published in the FEDERAL REGISTER. (Authority: Secs. 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253; 42 U.S.C. 2000d-1, 2000d3) (45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000)

$ 100.1 Purpose.

The purpose of this part is to effectuate the provisions of title VI of the Civil Rights Act of 1964 (hereafter referred to as the "Act") to the end that no person in the United States shall; on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Education. (Authority: Sec. 601, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d) $ 100.2 Application of this regulation.

This regulation applies to any program to which Federal financial assistance is authorized to be extended to a recipient under a law administered by the Department, including the Federal financial assistance listed in appendix A of this regulation. It applies to money paid, property transferred, or

$ 100.3 Discrimination prohibited.

(a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;

(iv) Restrict an individual in any way stantially impairing the accomplishin the enjoyment of any advantage or ment of the objectives of the Act or privilege enjoyed by others receiving this regulation. any service, financial aid, or other ben (4) As used in this section, the servefit under the program;

ices, financial aid, or other benefits (v)

Treat an individual differently provided under a program receiving from others in determining whether he

Federal financial assistance shall be satisfies any admission, enrollment, deemed to include any service, finanquota, eligibility, membership or other

cial aid, or other benefits provided in requirement or condition which indi

or through a facility provided with the viduals must meet in order to be pro

aid of Federal financial assistance. vided any service, financial aid, or

(5) The enumeration of specific forms other benefit provided under the pro

of prohibited discrimination in this gram; (vi) Deny an individual an oppor

paragraph and paragraph (c) of this tunity to participate in the program

section does not limit the generality of through the provision of services or

the prohibition in paragraph (a) of this otherwise or afford him an opportunity

section. to do so which is different from that af

(6)(i) In administering a program reforded others under the program (in- garding which the recipient has precluding the opportunity to participate

viously discriminated against persons in the program as an employee but on the ground of race, color, or naonly to the extent set forth in para- tional origin, the recipient must take graph (c) of this section).

affirmative action to overcome the ef(vii) Deny a person the opportunity fects of prior discrimination. to participate as a member of a plan (ii) Even in the absence of such prior ning or advisory body which is an inte discrimination, a recipient in admingral part of the program.

istering a program may take affirma(2) A recipient, in determining the tive action to overcome the effects of types of services, financial aid, or other conditions which resulted in limiting benefits, or facilities which will be pro- participation by persons of a particular vided under any such program, or the

race, color, or national origin, class of individuals to whom, or the sit

(c) Employment practices. (1) Where a uations in which, such services, finan

primary objective of the Federal financial aid, other benefits, or facilities

cial assistance to a program to which will be provided under any such pro

this regulation applies is to provide gram, or the class of individuals to be

employment, a recipient may not (diafforded an opportunity to participate in any such program, may not, directly rectly or through contractual or other or through contractual or other ar

arrangements) subject an individual to rangements, utilize criteria or methods

discrimination on the ground of race, of administration which have the effect

color, or national origin in its employof subjecting individuals to discrimina

ment practices under such program (intion because of their race, color, or na

cluding recruitment or recruitment adtional origin, or have the effect of de

vertising, employment, layoff or termifeating or substantially impairing ac

nation, upgrading, demotion, or transcomplishment of the objectives of the

fer, rates of pay or other forms of comprogram as respect individuals of a par pensation, and use of facilities), includticular race, color, or national origin. ing programs where a primary objec

(3) In determining the site or loca tive of the Federal financial assistance tion of a facilities, an applicant or re is (i) to reduce the employment of such cipient may not make selections with individuals or to help them through the effect of excluding individuals employment to meet subsistence needs, from, denying them the benefits of, or (ii) to assist such individuals through subjecting them to discrimination employment to meet expenses incident under any programs to which this regu to the commencement or continuation lation applies, on the ground of race, of their education or training, (iii) to color, or national origin; or with the provide work experience which contribpurpose or effect of defeating or sub utes to the education or training of

such individuals, or (iv) to provide re- this section, a recipient of Federal fimunerative activity to such individ- nancial assistance shall not be deemed uals who because of handicaps cannot to have failed to comply with parabe readily absorbed in the competitive graph (a) of this section if immediate labor market. The following, under ex provision of a service or other benefit isting laws, have one of the above ob to an individual is necessary to prevent jectives as a primary objective:

his death or serious impairment of his (A) Projects under the Public Works health, and such service or other benAcceleration Act, Pub. L. 87-658, 42 efit cannot be provided except by or U.S.C. 2641-2643.

through a medical institution which (B) Work-study under the Vocational refuses or fails to comply with paraEducation Act of 1963, as amended, 20 graph (a) of this section. U.S.C. 1371-1374.

(Authority: Sec. 601, 602, 604, Civil Rights Act (C) Programs assisted under laws

of 1964; 78 Stat. 252, 253, 42 U.S.C. 2000d, 2000dlisted in appendix A as respects em 1, 2000d-3) ployment opportunities provided there

[45 FR 30918, May 9, 1980, as amended at 65 under, or in facilities provided there

FR 68053, Nov. 13, 2000) under, which are limited, or for which preference is given, to students, fel $ 100.4 Assurances required. lows, or other persons in training for

(a) General. (1) Every application for the same or related employments.

Federal financial assistance to which (D) Assistance to rehabilitation fa

this part applies, except an application cilities under the Vocational Rehabili

to which paragraph (b) of this section tation Act, 29 U.S.C. 32-34, 41a and 41b.

applies, and every application for Fed(2) The requirements applicable to

eral financial assistance to provide a construction employment under any

facility shall, as a condition to its apsuch program shall be those specified proval and the extension of any Fedin or pursuant to Part III of Executive eral financial assistance pursuant to Order 11246 or any Executive order

the application, contain or be accomwhich supersedes it.

panied by an assurance that the pro(3) Where a primary objective of the

gram will be conducted or the facility Federal financial assistance is not to operated in compliance with all reprovide employment, but discrimina- quirements imposed by or pursuant to tion on the ground of race, color, or na this part. In the case of an application tional origin in the employment prac for Federal financial assistance to protices of the recipient or other persons vide real property or structures theresubject to the regulation tends, on the on, the assurance shall obligate the reground of race, color, or national ori

cipient, or, in the case of a subsequent gin, to exclude individuals from par transfer, the transferee, for the period ticipation in, to deny them the benefits during which the real property or of, or to subject them to discrimina- structures are used for a purpose for tion under any program to which this which the Federal financial assistance regulation applies, the foregoing provi- is extended or for another purpose insions of this paragraph (c) shall apply volving the provision of similar servto the employment practices of the re- ices or benefits. In the case of personal cipient or other persons subject to the property the assurance shall obligate regulation, to the extent necessary to the recipient for the period during assure equality of opportunity to, and which he retains ownership or possesnondiscriminatory treatment of, bene sion of the property. In all other cases ficiaries.

the assurance shall obligate the recipi(d) Indian health and Cuban refugee ent for the period during which Federal services. An individual shall not be financial assistance is extended pursudeemed subjected to discrimination by ant to the application. The responsible reason of his exclusion from benefits Department official shall specify the limited by Federal law to individuals form of the foregoing assurances, and of a particular race, color, or national the extent to which like assurances origin different from his.

will be required of subgrantees, con(e) Medical emergencies. Notwith- tractors and subcontractors, transstanding the foregoing provisions of ferees, successors in interest, and other

197-126 D-11

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