Title 34--EDUCATION
Chapter I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION


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...


This regulation applies to any program to which Federal financial assistance is authorized to be extended to a recipient under a law administered by...


(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,...


(a) General. (1) Every application for Federal financial assistance to which this part applies, except an application to which paragraph (b) of this section applies,...


The following examples will illustrate the programs aided by Federal financial assistance of the Department. (In all cases the discrimination prohibited...


(a) Cooperation and assistance. The responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining...


(a) Periodic compliance reviews. The responsible Department official or his designee shall from time to time review the practices of recipients to determine...


(a) General. If there appears to be a failure or threatened failure to comply with this regulation, and if the noncompliance or threatened...


(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by Sec. 100.8(c), reasonable notice shall be given by registered or certified mail, return...


(a) Decisions by hearing examiners. After a hearing is held by a hearing examiner such hearing examiner shall either make an initial decision, if so authorized,...


Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. (Authority: Sec. 603, 78 Stat. 253; 42...


and instructions. (a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the Department which...


and instructions. (a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the Department which...
...


The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any...


This part applies to each recipient of Federal financial assistance from the Department of Education and to the program or activity that receives such...


As used in this part, the term: (a) The Act means the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L....


(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise...


(a) Assurances. An applicant for Federal financial assistance to which this part applies shall submit an assurance, on a form specified by the Assistant...


action, and self-evaluation. (a) Remedial action. (1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of...


employee and adoption of grievance procedures. (a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at...


(a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees,...


for small recipients. The Assistant Secretary may require any recipient with fewer than fifteen employees, or any class of such recipients, to comply...


local law or other requirements and effect of employment opportunities. (a) The obligation to comply with this part is not obviated or alleviated by the existence of...


(a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program...


(a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or...


(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class...


(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not...


No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of,...


(a) Accessibility. A recipient shall operate its program or activity so that when each part is viewed in its entirety, it is readily accessible to...


(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such...


Application of this subpart. Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial...


Location and notification. A recipient that operates a public elementary or secondary education program or activity shall annually: (a) Undertake to identify and...


Free appropriate public education. (a) General. A recipient that operates a public elementary or secondary education program or activity shall provide a free...


Educational setting. (a) Academic setting. A recipient to which this subpart applies shall educate, or shall provide for the education of, each qualified...


Evaluation and placement. (a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation...


Procedural safeguards. A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to...


Nonacademic services. (a) General. (1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as...


Preschool and adult education. A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of...


Private education. (a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if...


this subpart. Subpart E applies to postsecondary education programs or activities, including postsecondary vocational education programs or activities, that...


recruitment. (a) General. Qualified handicapped persons may not, on the basis of handicap, be denied admission or be subjected to discrimination in admission...


students; general. (a) No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise...


(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that...


(a) Housing provided by the recipient. A recipient that provides housing to its nonhandicapped students shall provide comparable, convenient, and accessible housing...


employment assistance to students. (a) Provision of financial assistance. (1) In providing financial assistance to qualified handicapped persons, a recipient to which...


(a) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students,...


this subpart. Subpart F applies to health, welfare, and other social service programs or activities that receive Federal financial assistance and to...


and other social services. (a) General. In providing health, welfare, or other social services or benefits, a recipient may not, on the basis of handicap: ...


alcohol addicts. A recipient to which this subpart applies that operates a general hospital or outpatient facility may not discriminate in admission or treatment...


institutionalized persons. A recipient to which this subpart applies and that operates or supervises a program or activity that provides aid, benefits or services...


institutionalized persons. A recipient to which this subpart applies and that operates or supervises a program or activity that provides aid, benefits or services...
...


119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973...


activities conducted by the Department, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the...


following definitions apply: Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity...


one year of the effective date of this part, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part,...


employees, applicants, participants, beneficiaries, and other interested persons, information regarding the provisions of this part and its applicability to the programs...


(a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected...


shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the Department. As provided in Sec. 105.41(b),...


Except as otherwise provided in Sec. 105.32, no qualified individual with handicaps shall, because the Department's facilities are inaccessible to or unusable by individuals...


(a) General. The Department shall operate each program or activity so that the program or activity, viewed in its entirety, is readily accessible to and usable by individuals...


Each building or part of a building that is constructed or altered by, on behalf of, or for the use of, the Department must be designed, constructed, or altered so as...


take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public, as follows: (1)(i)...


paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the Department. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR105.42] [Page 390] TITLE 34--EDUCATION CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION PART 105--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION--Table of Contents Sec. 105.42 Effective date. The effective date of this part is October 9, 1990. ...


date. The purpose of this part is to effectuate title IX of the Education Amendments of 1972, as amended by Pub. L. 93-568, 88 Stat. 1855 (except sections...


As used in this part, the term: (a) Title IX means title IX of the Education Amendments of 1972, Pub. L. 92-318, as amended by section 3 of Pub. L. 93-568, 88...


affirmative action and self-evaluation. (a) Remedial action. If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of sex in...


(a) General. Every application for Federal financial assistance shall as condition of its approval contain or be accompanied by an assurance from the applicant...


If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee which operates any...


requirements. (a) Effect of other Federal provisions. The obligations imposed by this part are independent of, and do not alter, obligations not to discriminate on...


The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may...


responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate...


policy. (a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students...


Except as provided in this subpart, this part 106 applies to every recipient and to the education program or activity operated by such recipient which receives...


controlled by religious organizations. (a) Application. This part does not apply to an educational institution which is controlled by a religious organization to...


marine educational institutions. This part does not apply to an educational institution whose primary purpose is the training of individuals for a military service of...


of certain organizations. (a) Social fraternities and sororities. This part does not apply to the membership practices of social fraternities and sororities which...


(a) Admissions to educational institutions prior to June 24, 1973, are not covered by this part. (b) Administratively separate units. For the purposes only of...


eligible to submit transition plans. (a) Application. This section applies to each educational institution to which subpart C applies which: (1) Admitted...


(a) Submission of plans. An institution to which Sec. 106.16 applies and which is composed of more than one administratively separate unit may submit either a...


Recruitment Prohibited Sec. 106.21 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be subjected...


Recruitment Prohibited Sec. 106.22 Preference in admission. A recipient to which this subpart applies shall not give preference to applicants...


Recruitment Prohibited Sec. 106.23 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which this subpart applies shall not discriminate on...


Activities Prohibited Sec. 106.31 Education programs or activities. (a) General. Except as provided elsewhere in this part, no person...


Activities Prohibited Sec. 106.32 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations,...


Activities Prohibited Sec. 106.33 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis...


Activities Prohibited Sec. 106.34 Access to course offerings. A recipient shall not provide any course or otherwise carry out any of...


Activities Prohibited Sec. 106.35 Access to schools operated by LEAs. A recipient which is a local educational agency shall not, on the basis of...


Activities Prohibited Sec. 106.36 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against...


Activities Prohibited Sec. 106.37 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in...


Activities Prohibited Sec. 106.38 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A...


Activities Prohibited Sec. 106.39 Health and insurance benefits and services. In providing a medical, hospital, accident, or life insurance...


Activities Prohibited Sec. 106.40 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a...


Activities Prohibited Sec. 106.41 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied...


Activities Prohibited Sec. 106.42 Textbooks and curricular material. Nothing in this regulation shall be interpreted as requiring or prohibiting...


Programs or Activities Prohibited Sec. 106.51 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from...


Programs or Activities Prohibited Sec. 106.52 Employment criteria. A recipient shall not administer or operate any test or other criterion for...


Programs or Activities Prohibited Sec. 106.53 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the...


Programs or Activities Prohibited Sec. 106.54 Compensation. A recipient shall not make or enforce any policy or practice which, on the basis of sex: ...


Programs or Activities Prohibited Sec. 106.55 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or...


Programs or Activities Prohibited Sec. 106.56 Fringe benefits. (a) Fringe benefits defined. For purposes of this part, fringe benefits means: Any...


Programs or Activities Prohibited Sec. 106.57 Marital or parental status. (a) General. A recipient shall not apply any policy or take any...


Programs or Activities Prohibited Sec. 106.58 Effect of State or local law or other requirements. (a) Prohibitory requirements. The obligation to comply...


Programs or Activities Prohibited Sec. 106.59 Advertising. A recipient shall not in any advertising related to employment indicate...


Programs or Activities Prohibited Sec. 106.60 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to...


Programs or Activities Prohibited Sec. 106.61 Sex as a bona-fide occupational qualification. A recipient may take action otherwise prohibited by this...


The procedural provisions applicable to title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference. These procedures may...


discrimination regulations? The purpose of these regulations is to set out ED's rules for implementing the Age Discrimination Act of 1975. The Act...


these regulations apply? (a) These regulations apply to any program or activity receiving Federal financial assistance from ED. (b) These regulations do not...


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...


against age discrimination. The rules stated in this section are subject to the exceptions contained in Secs. 110.12 and 110.13 of these regulations. (a)...


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


the rules against age discrimination: Normal operation or statutory objective of any program or activity. A recipient is permitted to take an action otherwise...


the rules against age discrimination: Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by Sec. 110.10 that is...


proof. The burden of proving that an age distinction or other action falls within the exceptions outlined in Secs. 110.12 and 110.13 is on the recipient of...


by recipients. Even in the absence of a finding of discrimination, a recipient may take affirmative action to overcome the effects of conditions that resulted...


for children and the elderly. If a recipient operating a program or activity provides special benefits to the elderly or to children, the use of age distinctions...


distinctions contained in ED's regulations. Any age distinction contained in regulations issued by ED is presumed to be necessary to the achievement of a statutory objective...


Each ED recipient has primary responsibility for ensuring that its program or activity is in compliance with the Act and these regulations and shall take...


If the recipient initially receiving funds makes the funds available to a subrecipient, the recipient shall notify the subrecipient of its obligations under the...


Each recipient shall-- (a) Provide ED with information that ED determines is necessary to ascertain whether the recipient is in compliance with the Act and...


(a) Assurances. An applicant for Federal financial assistance to which these regulations apply shall sign a written assurance, on a form specified by ED, that...


age distinctions. (a) As part of a compliance review under Sec. 110.30 or a complaint investigation under Sec. 110.31, ED may require a recipient employing...


employee, notice, and grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its...


Compliance reviews. (a) ED may conduct compliance reviews, pre-award reviews, and other similar procedures that permit ED to investigate and correct violations of the...


Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with ED alleging discrimination prohibited by the Act or...


Mediation. (a) ED promptly refers to the Federal Mediation and Conciliation Service or to the mediation agency designated by the Secretary of Health and Human Services,...


Investigation. (a) Initial investigation. ED investigates complaints that are unresolved after mediation or reopened because of a violation of the mediation agreement....


Prohibition against intimidation or retaliation. A recipient may not engage in acts of intimidation or retaliation against any person who-- (a) Attempts to assert a...


Compliance procedure. (a) ED may enforce the Act and these regulations under Sec. 110.35(a) (1) or (2) through-- (1) Termination of, or refusal to grant or continue,...


Hearings, decisions, and post-termination proceedings. (a) The following ED procedural provisions applicable to Title VI of the Civil Rights Act of 1964 also apply to...


Procedure for disbursal of funds to an alternate recipient. (a) If the Secretary withholds funds from a recipient under these regulations, the Secretary may disburse the...


Remedial action by recipients. If ED finds that a recipient has discriminated on the basis of age, the recipient shall take any remedial action that ED may require to...


Exhaustion of administrative remedies. (a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies...




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