> **Regulatory Reform:**
>
> **Understanding**
>
> **the impact of the Equal**
>
> **Treatment amendments to**
>
> **EDGAR**

# U.S. Department of Education 

# Historical Background

> White House Office of Faith-Based and

### Community Initiatives established by

### Executive Order 13198 in January 2001

> Federal agency centers established by

### Executive Order 13199 in January 2001

> Equal Protection of the laws for Faith-
>
> based and Community Organizations
>
> established by Executive Order 13279
>
> in December 2002

## 

## Core Principles

> Equal treatment for faith-based
>
> organizations applying for grants,
>
> subgrants and contracts
>
> Preservation of religious liberty/character
>
> Protection of beneficiaries
>
> Federal funds may not be used for
>
> inherently religious activities

## Changes in EDGAR

> The Department has amended EDGAR
>
> to reflect the principles in the Faith-Based
>
> and Community Initiative
>
> See 34 CFR Parts:
>
> 76.52 (STATE-ADMINISTERED PROGRAMS)
>
> 76.532 (STATE-ADMINISTERED PROGRAMS)
>
> 80.36 (STATE AND LOCAL GOVERNMENTS)
>
> http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html

#### EDGAR, Section 76.52

> (a)(1) A faith-based organization is eligible
>
> to apply for and to receive a subgrant
>
> under a program of the Department on the
>
> same basis as any other private
>
> organization, with respect to programs for
>
> which such other organizations are
>
> eligible.

###### EDGAR, Section 76.52

> \(2\) In the selection of subgrantees,
>
> States shall not discriminate for or
>
> against a private organization on the
>
> basis of the organization\'s religious
>
> character or affiliation.

##### EDGAR, Section 76.52

> \(b\) The provisions of Sec. 76.532 apply
>
> to a faith-based organization that receives
>
> a subgrant from a State under a State-
>
> administered program of the Department.
>
> **Sec. 76.532 Use of funds for religion prohibited**.

(a) No State or subgrantee may use its grant or

> subgrant to pay for any of the following:
>
> \(1\) Religious worship, instruction, or proselytization.
>
> \(2\) Equipment or supplies to be used for any of
>
> the activities specified in paragraph (a)(1) of
>
> this section.
>
> EDGAR, Section 76.52
>
> \(c\) A private organization that engages in
>
> inherently religious activities, such as
>
> religious worship, instruction, or
>
> proselytization, must offer those services
>
> separately in time or location from any
>
> programs or services supported by a
>
> subgrant from a State under a State-
>
> administered program of the Department,
>
> and participation in any such inherently
>
> religious activities by beneficiaries of the
>
> programs supported by the subgrant must
>
> be voluntary.

####### EDGAR, Section 76.52

> (d)(1) A faith-based organization that applies for
>
> or receives a subgrant from a State under a
>
> State-administered program of the Department
>
> may retain its independence, autonomy, right of
>
> expression, religious character, and authority
>
> over its governance.
>
> \(2\) A faith-based organization may, among other
>
> things \-- (i) Retain religious terms in its name;
>
> \(ii\) Continue to carry out its mission, including
>
> the definition, development, practice, and
>
> expression of its religious beliefs;

#### EDGAR, Section 76.52

\(iii\) Use its facilities to provide services

without removing or altering religious art,

icons, scriptures, or other symbols from

these facilities; (iv) Select its board

members and otherwise govern itself on a

religious basis; and (v) Include religious

references in its mission statement and

other chartering or governing documents.

##### EDGAR, Section 76.52

> \(e\) A private organization that
>
> receives a subgrant from a State
>
> under a State-administered program
>
> of the Department shall not
>
> discriminate against a beneficiary or
>
> prospective beneficiary in the
>
> provision of program services on the
>
> basis of religion or religious belief.
>
> EDGAR, Section 76.52
>
> \(f\) If a State or subgrantee contributes its
>
> own funds in excess of those funds
>
> required by a matching or grant
>
> agreement to supplement Federally funded
>
> activities, the State or subgrantee has the
>
> option to segregate those additional funds
>
> or commingle them with the funds
>
> required by the matching requirements or
>
> grant agreement. However, if the
>
> additional funds are commingled, this
>
> section applies to all of the commingled
>
> funds.

##### EDGAR, Section 76.52

> \(g\) A religious organization\'s
>
> exemption from the Federal prohibition
>
> on employment discrimination on the
>
> basis of religion, in section 702(a) of
>
> the Civil Rights Act of 1964, *42*
>
> *U.S.C. 2000e-1,* is not forfeited when
>
> the organization receives financial
>
> assistance from the Department.
>
> EDGAR, Section 80.36
>
> \(j\) Contracting with faith-based
>
> organizations. (1)(i) A faith-based
>
> organization is eligible to contract with
>
> grantees and subgrantees, including
>
> States, on the same basis as any other
>
> private organization, with respect to
>
> contracts for which such other
>
> organizations are eligible.
>
> Monitoring
>
> Faith-based organizations are subject
>
> to the same accounting and reporting
>
> requirements as all other subgrantees
>
> and contractors
>
> Federal funds may not be used for
>
> inherently religious activities
>
> Discrimination
>
> Each State is responsible for establishing
>
> processes to address an applicant,
>
> subgrantee or contractor concern that a
>
> grantee or subgrantee, including a State,
>
> has treated it differently on the basis of
>
> its religious identity in the award or
>
> administration of a grant (*see* 34 CFR
>
> § 76.52(a)(2)).

######## Discrimination

> (continued)
>
> Each State is responsible for establishing
>
> processes to address a concern that a
>
> subgrantee or contractor has not provided
>
> services to a beneficiary or has otherwise
>
> treated the beneficiary differently based on
>
> the beneficiary's religious identity (*see* 34
>
> CFR § 76.52(e)).
>
> Resources
>
> **More Than Rules**
>
> *How Equal Treatment Can Expand*
>
> *Services to America's Needy
> ([attached](http://www.ed.gov/about/inits/list/fbci/rules.doc))*
>
> Guidance to Faith-Based and Community

#########  Organizations on Partnering with the 

> Federal Government
>
> **www.fbci.gov**