[Notice to Readers]

TITLE 34—EDUCATION

SUBTITLE B—REGULATIONS OF THE OFFICESOF THE DEPARTMENT OF EDUCATION

CHAPTER 1—OFFICE FOR CIVIL RIGHTS,DEPARTMENT OF EDUCATION

**PART 100—NONDISCRIMINATIONUNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATIONEFFECTUATION 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 andinstructions.

100.13 Definitions.

Appendix A to Part 100—Federal Financial Assistance toWhich These Regulations Apply

Appendix B to Part 100—Guidelines for Eliminating Discrimination and Denialof Services on the Basis of Race, Color, National Origin, Sex, and Handicap inVocational Education Programs

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1, unless otherwisenoted.

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

**§ 100.1 Purpose**. 

The purpose of this part is toeffectuate 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 theUnited States shall; on the ground of race, color, or national origin, beexcluded from participation in, be denied the benefits of, or be otherwisesubjected to discrimination under any program or activity receiving Federalfinancial 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 thisregulation.**

This regulation applies to anyprogram to which Federal financial assistance is authorized to be extended to arecipient under a law administered by the Department, including the Federalfinancial assistance listed in appendix A of this regulation. It applies tomoney paid, property transferred, or other Federal financial assistanceextended after the effective date of the regulation pursuant to an applicationapproved 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 theeffective date of this regulation, (c) the use of any assistance by anyindividual who is the ultimate beneficiary, or (d) any employment practice, orany employer, employment agency, or labor organization, except to the extentdescribed in § 100.3. The fact that a type of Federal assistance is not listedin 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 nowin force or hereinafter enacted may be added to this list by notice publishedin the FEDERAL REGISTER.

(Authority: Secs. 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253; 42U.S.C. 2000d-1, 2000d-3) 

**§ 100.3****Discrimination prohibited.**

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

(b) *Specific discriminatoryactions prohibited.* (1) A recipient under any program to which this partapplies may not, directly or through contractual or other arrangements, onground 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, financialaid, or other benefit to an individual which is different, or is provided in adifferent manner, from that provided to others under the program; 

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

(iv) Restrict an individual in anyway in the enjoyment of any advantage or privilege enjoyed by others receivingany service, financial aid, or other benefit under the program; 

(v) Treat an individual differentlyfrom others in determining whether he satisfies any admission, enrollment,quota, eligibility, membership or other requirement or condition whichindividuals must meet in order to be provided any service, financial aid, orother benefit provided under the program;

(vi) Deny an individual anopportunity to participate in the program through the provision of services orotherwise or afford him an opportunity to do so which is different from thatafforded others under the program (including the opportunity to participate inthe program as an employee but only to the extent set forth in paragraph (c) ofthis section). 

(vii) Deny a person the opportunityto participate as a member of a planning or advisory body which is an integralpart of the program.

(2) A recipient, in determining thetypes of services, financial aid, or other benefits, or facilities which willbe provided under any such program, or the class of individuals to whom, or thesituations in which, such services, financial aid, other benefits, orfacilities will be provided under any such program, or the class of individualsto be afforded an opportunity to participate in any such program, may not,directly or through contractual or other arrangements, utilize criteria ormethods of administration which have the effect of subjecting individuals todiscrimination because of their race, color, or national origin, or have theeffect of defeating or substantially impairing accomplishment of the objectivesof the program as respect individuals of a particular race, color, or nationalorigin. 

(3) In determining the site orlocation of a facilities, an applicant or recipient may not make selectionswith the effect of excluding individuals from, denying them the benefits of, orsubjecting them to discrimination under any programs to which this regulationapplies, on the ground of race, color, or national origin; or with the purposeor effect of defeating or substantially impairing the accomplishment of theobjectives of the Act or this regulation.

(4) As used in this section, theservices, financial aid, or other benefits provided under a program receivingFederal financial assistance shall be deemed to include any service, financialaid, or other benefits provided in or through a facility provided with the aidof Federal financial assistance. 

(5) The enumeration of specificforms of prohibited discrimination in this paragraph and paragraph (c) of thissection does not limit the generality of the prohibition in paragraph (a) ofthis section.

(6) (i) In administering a programregarding which the recipient has previously discriminated against persons onthe ground of race, color, or national origin, the recipient must take affirmativeaction to overcome the effects of prior discrimination. 

(ii) Even in the absence of suchprior discrimination, a recipient in administering a program may takeaffirmative action to overcome the effects of conditions which resulted inlimiting participation by persons of a particular race, color, or nationalorigin. 

(c) *Employment practices.*(1) Where a primary objective of the Federal financial assistance to a programto which this regulation applies is to provide employment, a recipient may not(directly or through contractual or other arrangements) subject an individualto discrimination on the ground of race, color, or national origin in itsemployment practices under such program (including recruitment or recruitmentadvertising, employment, layoff or termination, upgrading, demotion, ortransfer, rates of pay or other forms of compensation, and use of facilities),including programs where a primary objective of the Federal financialassistance is (i) to reduce the employment of such individuals or to help themthrough employment to meet subsistence needs, (ii) to assist such individualsthrough employment to meet expenses incident to the commencement orcontinuation of their education or training, (iii) to provide work experiencewhich contributes to the education or training of such individuals, or (iv) toprovide remunerative activity to such individuals who because of handicapscannot be readily absorbed in the competitive labor market. The following,under existing laws, have one of the above objectives as a primary objective:

(A) Projects under the Public WorksAcceleration Act, Pub. L. 87-658, 42 U.S.C. 2641-2643. 

(B) Work-study under the VocationalEducation Act of 1963, as amended, 20 U.S.C. 1371-1374.

(C) Programs assisted under lawslisted in appendix A as respects employment opportunities provided thereunder,or in facilities provided thereunder, which are limited, or for whichpreference is given, to students, fellows, or other persons in training for thesame or related employments. 

(D) Assistance to rehabilitationfacilities under the Vocational Rehabilitation Act, 29 U.S.C. 32-34, 41a and41b. 

(2) The requirements applicable toconstruction employment under any such program shall be those specified in orpursuant to Part III of Executive Order 11246 or any Executive order whichsupersedes it.

(3) Where a primary objective of theFederal financial assistance is not to provide employment, but discriminationon the ground of race, color, or national origin in the employment practices ofthe recipient or other persons subject to the regulation tends, on the groundof race, color, or national origin, to exclude individuals from participationin, to deny them the benefits of, or to subject them to discrimination underany program to which this regulation applies, the foregoing provisions of thisparagraph (c) shall apply to the employment practices of the recipient or otherpersons subject to the regulation, to the extent necessary to assure equalityof opportunity to, and nondiscriminatory treatment of, beneficiaries. 

(d) *Indian Health and Cuban RefugeeServices.* An individual shall not be deemed subjected to discrimination byreason of his exclusion from benefits limited by Federal law to individuals ofa particular race, color, or national origin different from his. 

(e) *Medical emergencies.*Notwithstanding the foregoing provisions of this section, a recipient ofFederal financial assistance shall not be deemed to have failed to comply withparagraph (a) of this section if immediate provision of a service or otherbenefit to an individual is necessary to prevent his death or seriousimpairment of his health, and such service or other benefit cannot be providedexcept by or through a medical institution which refuses or fails to complywith paragraph (a) of this section. 

(Authority: Sec. 601, 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253,42 U.S.C. 2000d, 2000d-1, 2000d-3) 

**§ 100.4****Assurances required.**

(a) *General.* (1) Everyapplication for Federal financial assistance to which this part applies, exceptan application to which paragraph (b) of this section applies, and everyapplication for Federal financial assistance to provide a facility shall, as acondition to its approval and the extension of any Federal financial assistancepursuant to the application, contain or be accompanied by an assurance that theprogram will be conducted or the facility operated in compliance with allrequirements imposed by or pursuant to this part. In the case of an applicationfor Federal financial assistance to provide real property or structuresthereon, the assurance shall obligate the recipient, or, in the case of asubsequent transfer, the transferee, for the period during which the realproperty or structures are used for a purpose for which the Federal financial assistanceis extended or for another purpose involving the provision of similar servicesor benefits. In the case of personal property the assurance shall obligate therecipient for the period during which he retains ownership or possession of theproperty. In all other cases the assurance shall obligate the recipient for theperiod during which Federal financial assistance is extended pursuant to theapplication. The responsible Department official shall specify the form of theforegoing assurances, and the extent to which like assurances will be requiredof subgrantees, contractors and subcontractors, transferees, successors ininterest, and other participants. Any such assurance shall include provisionswhich give the United States a right to seek its judicial enforcement. 

(2) Where Federal financialassistance is provided in the form of a transfer of real property or interesttherein from the Federal Government the instrument effecting or recording thetransfer shall contain a covenant running with the land to assurenondiscrimination for the period during which the real property is used for apurpose for which the Federal financial assistance is extended or for anotherpurpose involving the provision of similar services or benefits. Where notransfer of property is involved but property is improved with Federalfinancial assistance, the recipient shall agree to include such a covenant toany subsequent transfer of the property. Where the property is obtained fromthe Federal Government, such covenant may also include a condition coupled witha right to be reserved by the Department to revert title to the property in theevent of a breach of the covenant where, in the discretion of the responsibleDepartment official, such a condition and right of reverter is appropriate tothe statute under which the real property is obtained and to the nature of thegrant and the grantee. In the event a transferee of real property proposes tomortgage or otherwise encumber the real property as security for financingconstruction of new, or improvement of existing, facilities on such propertyfor the purposes for which the property was transferred, the responsibleDepartment official may agree, upon request of the transferee and if necessaryto accomplish such financing, and upon such conditions as he deems appropriate,to forbear the exercise of such right to revert title for so long as the lienof such mortgage or other encumbrance remains effective. 

(b) *Continuing Federal financialassistance.* Every application by a State or a State agency for continuingFederal financial assistance to which this regulation applies (including theFederal financial assistance listed in part 2 of appendix A) shall as a conditionto its approval and the extension of any Federal financial assistance pursuantto the application (1) contain or be accompanied by a statement that theprogram is (or, in the case of a new program, will be) conducted in compliancewith all requirements imposed by or pursuant to this regulation, and (2)provide or be accompanied by provision for such methods of administration forthe program as are found by the responsible Department official to givereasonable assurance that the applicant and all recipients of Federal financialassistance under such program will comply with all requirements imposed by orpursuant to this regulation. 

(c) *Elementary and secondaryschools.* The requirements of paragraph (a) or (b) of this section with respectto any elementary or secondary school or school system shall be deemed to besatisfied if such school or school system (1) is subject to a final order of acourt of the United States for the desegregation of such school or schoolsystem, and provides an assurance that it will comply with such order,including any future modification of such order, or (2) submits a plan for thedesegregation of such school or school system which the responsible Departmentofficial determines is adequate to accomplish the purposes of the Act and thispart, at the earliest practicable time, and provides reasonable assurance thatit will carry out such plan; in any case of continuing Federal financialassistance the responsible Department official may reserve the right toredetermine, after such period as may be specified by him, the adequacy of theplan to accomplish the purposes of the Act and the regulations in this part. Inany case in which a final order of a court of the United States for thedesegregation of such school or school system is entered after submission ofsuch a plan, such plan shall be revised to conform to such final order,including any future modification of such order. 

(d) *Assurance from institutions.*(1) In the case of any application for Federal financial assistance to aninstitution of higher education (including assistance for construction, forresearch, for special training project, for student loans or for any otherpurpose), the assurance required by this section shall extend to admissionpractices and to all other practices relating to the treatment of students.

(2) The assurance required withrespect to an institution of higher education, hospital, or any otherinstitution, insofar as the assurance relates to the institution’s practiceswith respect to admission or other treatment of individuals as students,patients, or clients of the institution or to the opportunity to participate inthe provision of services or other benefits to such individuals, shall beapplicable to the entire institution. 

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d, 2000d-1. Sec. 182; 80 Stat. 1209; 42 U.S.C. 2000d-5) 

**§ 100.5 Illustrative application.**

The following examples willillustrate the programs aided by Federal financial assistance of theDepartment. (In all cases the discrimination prohibited is discrimination onthe ground of race, color, or national origin prohibited by title VI of the Actand this regulation, as a condition of the receipt of Federal financialassistance).

(a) In federally-affected areaassistance (Pub. L. 815 and Pub. L. 874) for construction aid and for generalsupport of the operation of elementary or secondary schools, or in more limitedsupport to such schools such as for the acquisition of equipment, the provisionof vocational education, or the provision of guidance and counseling services,discrimination by the recipient school district in any of its elementary orsecondary schools in the admission of students, or in the treatment of itsstudents in any aspect of the educational process, is prohibited. In this andthe following illustrations the prohibition of discrimination in the treatmentof students or other trainees includes the prohibition of discrimination amongthe students or trainees in the availability or use of any academic, dormitory,eating, recreational, or other facilities of the grantee or other recipient. 

(b) In a research, training, demonstration,or other grant to a university for activities to be conducted in a graduateschool, discrimination in the admission and treatment of students in thegraduate school is prohibited, and the prohibition extends to the entireuniversity.

(c) In a training grant to ahospital or other nonacademic institution, discrimination is prohibited in theselection of individuals to be trained and in their treatment by the granteeduring their training. In a research or demonstration grant to such aninstitution discrimination is prohibited with respect to any educationalactivity and any provision of medical or other services and any financial aidto individuals incident to the program. 

(d) In grants to assist in theconstruction of facilities for the provision of health, educational or welfareservices, assurances will be required that services will be provided withoutdiscrimination, to the same extent that discrimination would be prohibited as acondition of Federal operating grants for the support of such services. Thus,as a condition of grants for the construction of academic, research, or otherfacilities at institutions of higher education, assurances will be requiredthat there will be no discrimination in the admission or treatment of students.

(e) Upon transfers of real orpersonal surplus property for educational uses, discrimination is prohibited tothe same extent as in the case of grants for the construction of facilities orthe provision of equipment for like purposes.

(f) Each applicant for a grant forthe construction of educational television facilities is required to provide anassurance that it will, in its broadcast services, give due consideration tothe interests of all significant racial or ethnic groups within the populationto be served by the applicant. 

(g) A recipient may not take actionthat is calculated to bring about indirectly what this regulation forbids it toaccomplish directly. Thus, a State, in selecting or approving projects or sitesfor the construction of public libraries which will receive Federal financialassistance, may not base its selections or approvals on criteria which have theeffect of defeating or of substantially impairing accomplishments of theobjectives of the Federal assistance as respects individuals of a particularrace, color or national origin.

(h) In some situations, even thoughpast discriminatory practices attributable to a recipient or applicant havebeen abandoned, the consequences of such practices continue to impede the fullavailability of a benefit. If the efforts required of the applicant orrecipient under § 100.6(d), to provide information as to the availability ofthe program or activity and the rights of beneficiaries under this regulation,have failed to overcome these consequences, it will become necessary under therequirement stated in paragraph (i) of § 100.3(b)(6) for such applicant orrecipient to take additional steps to make the benefits fully available toracial and nationality groups previously subject to discrimination. This actionmight take the form, for example, of special arrangements for obtainingreferrals or making selections which will insure that groups previously subjectedto discrimination are adequately served.

(i) Even though an applicant orrecipient has never used discriminatory policies, the services and benefits ofthe program or activity it administers may not in fact be equally available tosome racial or nationality groups. In such circumstances, an applicant orrecipient may properly give special consideration to race, color, or nationalorigin to make the benefits of its program more widely available to suchgroups, not then being adequately served. For example, where a university isnot adequately serving members of a particular racial or nationality group, itmay establish special recruitment policies to make its program better known andmore readily available to such group, and take other steps to provide thatgroup with more adequate service.

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d, 2000d-1) 

**§ 100.6 Compliance information.**

(a) *Cooperation and assistance.*Theresponsible Department official shall to the fullest extent practicable seekthe cooperation of recipients in obtaining compliance with this part and shallprovide assistance and guidance to recipients to help them comply voluntarilywith this part. 

(b) *Compliance reports.*Each recipient shall keep such records and submit to the responsible Departmentofficial or his designee timely, complete and accurate compliance reports atsuch times, and in such form and containing such information, as the responsibleDepartment official or his designee may determine to be necessary to enable himto ascertain whether the recipient has complied or is complying with this part.For example, recipients should have available for the Department racial andethnic data showing the extent to which members of minority groups arebeneficiaries of and participants in federally-assisted programs. In the casein which a primary recipient extends Federal financial assistance to any otherrecipient, such other recipient shall also submit such compliance reports tothe primary recipient as may be necessary to enable the primary recipient tocarry out its obligations under this part.

(c) *Access to sources ofinformation.* Each recipient shall permit access by the responsibleDepartment official or his designee during normal business hours to such of itsbooks, records, accounts, and other sources of information, and its facilitiesas may be pertinent to ascertain compliance with this part. Where anyinformation required of a recipient is in the exclusive possession of any otheragency, institution or person and this agency, institution or person shall failor refuse to furnish this information the recipient shall so certify in itsreport and shall set forth what efforts it has made to obtain the information.Asserted considerations of privacy or confidentiality may not operate to barthe Department from evaluating or seeking to enforce compliance with this part.Information of a confidential nature obtained in connection with complianceevaluation or enforcement shall not be disclosed except where necessary informal enforcement proceedings or where otherwise required by law. 

(d) *Information to beneficiariesand participants.* Each recipient shall make available to participants,beneficiaries, and other interested persons such information regarding theprovisions of this regulation and its applicability to the program for whichthe recipient receives Federal financial assistance, and make such informationavailable to them in such manner, as the responsible Department official findsnecessary to apprise such persons of the protections against discriminationassured them by the Act and this regulation. 

(Approved by the Office of Management and Budget under control number1870-0500)

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d, 2000d-1) 

[45 FR 30918, May 9, 1980, as amended at 53 FR 49143, Dec. 6, 1988]

**§ 100.7 Conduct of investigations.**

(a) *Periodic compliance reviews.*The responsible Department official or his designee shall from time to timereview the practices of recipients to determine whether they are complying withthis part. 

(b) *Complaints.* Any personwho believes himself or any specific class of individuals to be subjected todiscrimination prohibited by this part may by himself or by a representativefile with the responsible Department official or his designee a writtencomplaint. A complaint must be filed not later than 180 days from the date ofthe alleged discrimination, unless the time for filing is extended by theresponsible Department official or his designee. 

(c) *Investigations.* Theresponsible Department official or his designee will make a promptinvestigation whenever a compliance review, report, complaint, or any otherinformation indicates a possible failure to comply with this part. Theinvestigation should include, where appropriate, a review of the pertinentpractices and policies of the recipient, the circumstances under which thepossible noncompliance with this part occurred, and other factors relevant to adetermination as to whether the recipient has failed to comply with this part. 

(d) *Resolution of matters.* (1)If an investigation pursuant to paragraph (c) of this section indicates afailure to comply with this part, the responsible Department official or hisdesignee will so inform the recipient and the matter will be resolved byinformal means whenever possible. If it has been determined that the mattercannot be resolved by informal means, action will be taken as provided for in §100.8. 

(2) If an investigation does notwarrant action pursuant to paragraph (1) of this paragraph (d) the responsibleDepartment official or his designee will so inform the recipient and thecomplainant, if any, in writing. 

(e) *Intimidatory or retaliatoryacts prohibited***.** No recipient or other person shallintimidate, threaten, coerce, or discriminate against any individual for thepurpose of interfering with any right or privilege secured by section 601 ofthe Act or this part, or because he has made a complaint, testified, assisted,or participated in any manner in an investigation, proceeding or hearing underthis part. The identity of complainants shall be kept confidential except tothe extent necessary to carry out the purposes of this part, including theconduct of any investigation, hearing, or judicial proceeding arisingthereunder.

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d, 2000d-1) 

**§ 100.8 Procedure for effecting compliance.**

(a) *General.* If thereappears to be a failure or threatened failure to comply with this regulation, andif the noncompliance or threatened noncompliance cannot be corrected byinformal means, compliance with this part may be effected by the suspension ortermination of or refusal to grant or to continue Federal financial assistanceor by any other means authorized by law. Such other means may include, but arenot limited to, (1) a reference to the Department of Justice with arecommendation that appropriate proceedings be brought to enforce any rights ofthe United States under any law of the United States (including other titles ofthe Act), or any assurance or other contractual undertaking, and (2) anyapplicable proceeding under State or local law. 

(b) *Noncompliance with § 100.4.*If an applicant fails or refuses to furnish an assurance required under § 100.4or otherwise fails or refuses to comply with a requirement imposed by orpursuant to that section Federal financial assistance may be refused inaccordance with the procedures of paragraph (c) of this section. The Departmentshall not be required to provide assistance in such a case during the pendencyof the administrative proceedings under such paragraph except that theDepartment shall continue assistance during the pendency of such proceedingswhere such assistance is due and payable pursuant to an application thereforapproved prior to the effective date of this part. 

(c) *Termination of or refusal togrant or to continue Federal financial assistance.*No order suspending,terminating or refusing to grant or continue Federal financial assistance shallbecome effective until (1) the responsible Department official has advised theapplicant or recipient of his failure to comply and has determined thatcompliance cannot be secured by voluntary means, (2) there has been an expressfinding on the record, after opportunity for hearing, of a failure by theapplicant or recipient to comply with a requirement imposed by or pursuant tothis part, (3) the expiration of 30 days after the Secretary has filed with thecommittee of the House and the committee of the Senate having legislativejurisdiction over the program involved, a full written report of thecircumstances and the grounds for such action. Any action to suspend orterminate or to refuse to grant or to continue Federal financial assistanceshall be limited to the particular political entity, or part thereof, or otherapplicant or recipient as to whom such a finding has been made and shall belimited in its effect to the particular program, or part thereof, in which suchnoncompliance has been so found. 

(d) *Other means authorized bylaw.* No action to effect compliance by any other means authorized by lawshall be taken until (1) the responsible Department official has determinedthat compliance cannot be secured by voluntary means, (2) the recipient orother person has been notified of its failure to comply and of the action to betaken to effect compliance, and (3) the expiration of at least 10 days from themailing of such notice to the recipient or other person. During this period ofat least 10 days additional efforts shall be made to persuade the recipient orother person to comply with the regulation and to take such corrective actionas may be appropriate. 

(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d, 2000d-1. Sec. 182, 80 Stat. 1209; 42 U.S.C. 2000d-5) 

**§ 100.9 Hearings.**

(a) *Opportunity for hearing.*Whenever an opportunity for a hearing is required by § 100.8(c), reasonablenotice shall be given by registered or certified mail, return receiptrequested, to the affected applicant or recipient. This notice shall advise theapplicant or recipient of the action proposed to be taken, the specificprovision under which the proposed action against it is to be taken, and thematters of fact or law asserted as the basis for this action, and either (1)fix a date not less than 20 days after the date of such notice within which theapplicant or recipient may request of the responsible Department official thatthe matter be scheduled for hearing or (2) advise the applicant or recipientthat the matter in question has been set down for hearing at a stated place andtime. The time and place so fixed shall be reasonable and shall be subject tochange for cause. The complainant, if any, shall be advised of the time andplace of the hearing. An applicant or recipient may waive a hearing and submitwritten information and argument for the record. The failure of an applicant orrecipient to request a hearing for which a date has been set shall be deemed tobe a waiver of the right to a hearing under section 602 of the Act and §100.8(c) of this regulation and consent to the making of a decision on thebasis of such information as may be filed as the record. 

(b) *Time and place of hearing.*Hearings shall be held at the offices of the Department in Washington, DC, at atime fixed by the responsible Department official unless he determines that theconvenience of the applicant or recipient or of the Department requires thatanother place be selected. Hearings shall be held before a hearing examinerdesignated in accordance with 5 U.S.C. 3105 and 3344 (section 11 of theAdministrative Procedure Act).

(c) *Right to counsel.* Inall proceedings under this section, the applicant or recipient and theDepartment shall have the right to be represented by counsel.

(d) *Procedures, evidence, andrecord.* (1) The hearing, decision, and any administrative review thereofshall be conducted in conformity with sections 5-8 of the AdministrativeProcedure Act, and in accordance with such rules of procedure as are proper(and not inconsistent with this section) relating to the conduct of thehearing, giving of notices subsequent to those provided for in paragraph (a) ofthis section, taking of testimony, exhibits, arguments and briefs, requests forfindings, and other related matters. Both the Department and the applicant orrecipient shall be entitled to introduce all relevant evidence on the issues asstated in the notice for hearing or as determined by the officer conducting thehearing at the outset of or during the hearing. Any person (other than aGovernment employee considered to be on official business) who, having beeninvited or requested to appear and testify as a witness on the Government'sbehalf, attends at a time and place scheduled for a hearing provided for bythis part, may be reimbursed for his travel and actual expenses of attendancein an amount not to exceed the amount payable under the standardized travelregulations to a Government employee traveling on official business. 

(2) Technical rules of evidenceshall not apply to hearings conducted pursuant to this part, but rules orprinciples designed to assure production of the most credible evidenceavailable and to subject testimony to test by cross-examination shall beapplied where reasonably necessary by the officer conducting the hearing. Thehearing officer may exclude irrelevant, immaterial, or unduly repetitiousevidence. All documents and other evidence offered or taken for the recordshall be open to examination by the parties and opportunity shall be given torefute facts and arguments advanced on either side of the issues. A transcriptshall be made of the oral evidence except to the extent the substance thereofis stipulated for the record. All decisions shall be based upon the hearingrecord and written findings shall be made. 

(e) *Consolidated or jointhearings.* In cases in which the same or related facts are asserted toconstitute noncompliance with this regulation with respect to two or moreFederal assistance statutes to which this part applies, or noncompliance withthis part and the regulations of one or more other Federal departments oragencies issued under title VI of the Act, the responsible Department officialmay, by agreement with such other departments or agencies where applicable,provide for the conduct of consolidated or joint hearings, and for the applicationto such hearings of rules of procedures not inconsistent with this part. Finaldecisions in such cases, insofar as this regulation is concerned, shall be madein accordance with § 100.10.

(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d-1) 

**§ 100.10 Decisions and notices.**

(a) *Decisions by hearingexaminers.* After a hearing is held by a hearing examiner such hearingexaminer shall either make an initial decision, if so authorized, or certifythe entire record including his recommended findings and proposed decision tothe reviewing authority for a final decision, and a copy of such initialdecision or certification shall be mailed to the applicant or recipient and tothe complainant, if any. Where the initial decision referred to in thisparagraph or in paragraph (c) of this section is made by the hearing examiner,the applicant or recipient or the counsel for the Department may, within theperiod provided for in the rules of procedure issued by the responsibleDepartment official, file with the reviewing authority exceptions to theinitial decision, with his reasons therefor. Upon the filing of such exceptionsthe reviewing authority shall review the initial decision and issue its owndecision thereof including the reasons therefor. In the absence of exceptionsthe initial decision shall constitute the final decision, subject to theprovisions of paragraph (e) of this section.

(b) *Decisions on record orreview by the reviewing authority.* Whenever a record is certified to thereviewing authority for decision or it reviews the decision of a hearingexaminer pursuant to paragraph (a) or (c) of this section, the applicant orrecipient shall be given reasonable opportunity to file with it briefs or otherwritten statements of its contentions, and a copy of the final decision of thereviewing authority shall be given in writing to the applicant or recipient andto the complainant, if any. 

(c) *Decisions on record where ahearing is waived.* Whenever a hearing is waived pursuant to § 100.9(a) thereviewing authority shall make its final decision on the record or refer thematter to a hearing examiner for an initial decision to be made on the record.A copy of such decision shall be given in writing to the applicant orrecipient, and to the complainant, if any. 

(d) *Rulings required.* Eachdecision of a hearing examiner or reviewing authority shall set forth a rulingon each finding, conclusion, or exception presented, and shall identify therequirement or requirements imposed by or pursuant to this part with which itis found that the applicant or recipient has failed to comply. 

(e) *Review in certain cases bythe Secretary.* If the Secretary has not personally made the final decisionreferred to in paragraphs (a), (b), or (c) of this section, a recipient orapplicant or the counsel for the Department may request the Secretary to reviewa decision of the Reviewing Authority in accordance with rules of procedureissued by the responsible Department official. Such review is not a matter ofright and shall be granted only where the Secretary determines there arespecial and important reasons therefor. The Secretary may grant or deny suchrequest, in whole or in part. He may also review such a decision upon his ownmotion in accordance with rules of procedure issued by the responsibleDepartment official. In the absence of a review under this paragraph, a finaldecision referred to in paragraphs (a), (b), (c) of this section shall becomethe final decision of the Department when the Secretary transmits it as such toCongressional committees with the report required under section 602 of the Act.Failure of an applicant or recipient to file an exception with the ReviewingAuthority or to request review under this paragraph shall not be deemed afailure to exhaust administrative remedies for the purpose of obtainingjudicial review.

(f) *Content of orders.* Thefinal decision may provide for suspension or termination of, or refusal togrant or continue Federal financial assistance, in whole or in part, to whichthis regulation applies, and may contain such terms, conditions, and otherprovisions as are consistent with and will effectuate the purposes of the Actand this regulation, including provisions designed to assure that no Federalfinancial assistance to which this regulation applies will thereafter beextended under such law or laws to the applicant or recipient determined bysuch decision to be in default in its performance of an assurance given by itpursuant to this regulation, or to have otherwise failed to comply with thisregulation unless and until it corrects its noncompliance and satisfies theresponsible Department official that it will fully comply with this regulation.

(g) *Post-terminationproceedings.* (1) An applicant or recipient adversely affected by an orderissued under paragraph (f) of this section shall be restored to fulleligibility to receive Federal financial assistance if it satisfies the termsand conditions of that order for such eligibility or if it brings itself intocompliance with this part and provides reasonable assurance that it will fullycomply with this part. An elementary or secondary school or school system whichis unable to file an assurance of compliance with § 100.3 shall be restored tofull eligibility to receive Federal financial assistance, if it files a courtorder or a plan for desegregation which meets the requirements of § 100.4(c),and provides reasonable assurance that it will comply with the court order orplan.

(2) Any applicant or recipientadversely affected by an order entered pursuant to paragraph (f) of thissection may at any time request the responsible Department official to restorefully its eligibility to receive Federal financial assistance. Any such requestshall be supported by information showing that the applicant or recipient hasmet the requirements of paragraph (g)(1) of this section. If the responsibleDepartment official determines that those requirements have been satisfied, heshall restore such eligibility. 

(3) If the responsible Departmentofficial denies any such request, the applicant or recipient may submit arequest for a hearing in writing, specifying why it believes such official tohave been in error. It shall thereupon be given an expeditious hearing, with adecision on the record, in accordance with rules of procedure issued by theresponsible Department official. The applicant or recipient will be restored tosuch eligibility if it proves at such hearing that it satisfied therequirements of paragraph (g)(1) of this section. While proceedings under thisparagraph are pending, the sanctions imposed by the order issued underparagraph (f) of this section shall remain in effect. 

(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d-1) 

**§ 100.11 Judicial review.**

Action taken pursuant to section 602of the Act is subject to judicial review as provided in section 603 of the Act.

(Authority: Sec. 603, 78 Stat. 253; 42 U.S.C. 2000d-2) 

**§ 100.12 Effect on other regulations; forms andinstructions.**

(a) *Effect on other regulations.*All regulations, orders, or like directions heretofore issued by any officer ofthe Department which impose requirements designed to prohibit anydiscrimination against individuals on the ground of race, color, or nationalorigin under any program to which this regulation applies, and which authorizethe suspension or termination of or refusal to grant or to continue Federalfinancial assistance to any applicant for or recipient of assistance forfailure to comply with such requirements, are hereby superseded to the extentthat such discrimination is prohibited by this regulation, except that nothingin this regulation shall be deemed to relieve any person of any obligationassumed or imposed under any such superseded regulation, order, instruction, orlike direction prior to the effective date of this regulation. Nothing in thisregulation, however, shall be deemed to supersede any of the following(including future amendments thereof):

(1) Executive Order 11063 andregulations issued thereunder, or any other regulations or instructions,insofar as such Order, regulations, or instructions prohibit discrimination onthe ground of race, color, or national origin in any program or situation towhich this regulation is inapplicable, or prohibit discrimination on any otherground; or

(2) Requirements for EmergencySchool Assistance as published in 35 FR 13442 and codified as 34 CFR, part 280.

(b) *Forms and instructions.*The responsible Department official shall issue and promptly make available tointerested persons forms and detailed instructions and procedures foreffectuating this part.

(c) *Supervision andcoordination.* The responsible Department official may from time to timeassign to officials of the Department, or to officials of other departments oragencies of the Government with the consent of such departments or agencies,responsibilities in connection with the effectuation of the purposes of titleVI of the Act and this regulation (other than responsibility for review asprovided in § 100.10(e)), including the achievements of effective coordinationand maximum uniformity within the Department and within the Executive Branch ofthe Government in the application of title VI and this regulation to similarprograms and in similar situations. Any action taken, determination made, orrequirement imposed by an official of another Department or Agency actingpursuant to an assignment of responsibility under this section shall have thesame effect as though such action had been taken by the responsible official ofthis Department. 

(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d-1) 

**§ 100.13 Definitions.**

As used in this part:

(a) The term *Department*meansthe Department of Education.

(b) The term *Secretary*means the Secretary of Education. 

(c) The term *responsibleDepartment official* means the Secretary or, to the extent of anydelegation by the Secretary of authority to act in his stead under any one ormore provisions of this part, any person or persons to whom the Secretary hasheretofore delegated, or to whom the Secretary may hereafter delegate suchauthority. 

(d) The term *reviewing authority*means the Secretary, or any person or persons (including a board or other bodyspecially created for that purpose and also including the responsibleDepartment official) acting pursuant to authority delegated by the Secretary tocarry out responsibilities under § 100.10(a)-(d). 

(e) The term *United States*means the States of the United States, the District of Columbia, Puerto Rico,the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and theterritories and possessions of the United States, and the term"State" means any one of the foregoing.

(f) The term *Federal financialassistance* includes (1) grants and loans of Federal funds, (2) the grantor donation of Federal property and interests in property, (3) the detail ofFederal personnel, (4) the sale and lease of, and the permission to use (onother than a casual or transient basis), Federal property or any interest insuch property without consideration or at a nominal consideration, or at aconsideration which is reduced for the purpose of assisting the recipient, orin recognition of the public interest to be served by such sale or lease to therecipient, and (5) any Federal agreement, arrangement, or other contract whichhas as one of its purposes the provision of assistance. 

(g) The term *program or activity*and the term *program* mean all of the operations of—

(1)(i) A department, agency, specialpurpose district, or other instrumentality of a State or of a local government;or

(ii) The entity of such State orlocal government that distributes such assistance and each such department oragency (and each other State or local government entity) to which theassistance is extended, in the case of assistance to a State or localgovernment;

(2)(i) A college, university, orother postsecondary institution, or a public system of higher education; or

(ii) A local educational agency (asdefined in 20 U.S.C. 8801), system of vocational education, or other schoolsystem;

(3)(i) An entire corporation,partnership, or other private organization, or an entire sole proprietorship—

(A)   If assistance isextended to such corporation, partnership, private organization, or soleproprietorship as a whole; or

(B)   Which is principallyengaged in the business of providing education, health care, housing, socialservices, or parks and recreation; or

(ii) The entire plant or othercomparable, geographically separate facility to which Federal financialassistance is extended, in the case of any other corporation, partnership,private organization, or sole proprietorship; or

(4) Any other entity that isestablished by two or more of the entities described in paragraph (g)(1), (2),or (3) of this section; any part of which is extended Federal financialassistance.

(Authority: 42 U.S.C. 2000d—4)

(h) The term *facility* includesall or any portion of structures, equipment, or other real or personal propertyor interests therein, and the provision of facilities includes theconstruction, expansion, renovation, remodeling, alteration or acquisition offacilities. 

(i) The term *recipient*meansany State, political subdivision of any State, or instrumentality of any Stateor political subdivision, any public or private agency, institution, ororganization, or other entity, or any individual, in any State, to whom Federalfinancial assistance is extended, directly or through another recipient,including any successor, assign, or transferee thereof, but such term does notinclude any ultimate beneficiary. 

(j) The term *primary recipient*means any recipient which is authorized or required to extend Federal financialassistance to another recipient. 

(k) The term *applicant*meansone who submits an application, request, or plan required to be approved by aDepartment official, or by a primary recipient, as a condition to eligibilityfor Federal financial assistance, and the term *application* means suchan application, request, or plan. 

(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.2000d-1) 

**APPENDIX A TO PART 100** -- FEDERALFINANCIAL ASSISTANCE TO WHICH THESE REGULATIONS APPLY 

*Part 1 –Assistance Other Than Continuing Assistance to States*

1. Loans for acquisition of equipment for academic subjects, and for minorremodeling (20 U.S.C. 445).

2. Construction of facilities for institutions of higher education (20U.S.C. 701-758). 

3. School Construction in federally-affected and in major disaster areas (20U.S.C. 631-647). 

4. Construction of educational broadcast facilities (47 U.S.C. 390-399). 

5. Loan service of captioned films and educational media; research on, andproduction and distribution of, educational media for the handicapped, andtraining of persons in the use of such media for the handicapped (20 U.S.C.1452). 

6. Demonstration residential vocational education schools (20 U.S.C. 1321). 

7. Research and related activities in education of handicapped children (20U.S.C. 1441). 

8. Educational research, dissemination and demonstration projects; researchtraining; and construction under the Cooperation Research Act (20 U.S.C.331-332(b)).

9. Research in teaching modern foreign languages (20 U.S.C. 512). 

10. Training projects for manpower development and training (42 U.S.C. 2601,2602, 2610a-2610c). 

11. Research and training projects in Vocational Education (20 U.S.C.1281(a), 1282-1284).

12. Allowances to institutions training NDEA graduate fellows (20 U.S.C.461-465). 

13. Grants for training in librarianship (20 U.S.C. 1031-1033). 

14. Grants for training personnel for the education of handicapped children(20 U.S.C. 1431).

15. Allowances for institutions training teachers and related educationalpersonnel in elementary and secondary education, or post-secondary vocationaleducation (20 U.S.C. 1111-1118).

16. Recruitment, enrollment, training and assignment of Teacher Corpspersonnel (20 U.S.C. 1101-1107a).

17. Operation and maintenance of schools in Federally-affected and in majordisaster areas (20 U.S.C. 236-241; 241-1; 242-244). 

18. Grants or contracts for the operation of training institutes forelementary or secondary school personnel to deal with special educationalproblems occasioned by desegregation (42 U.S.C. 2000c-3). 

19. Grants for in-service training of teachers and other schools personneland employment of specialists in desegregation problems (42 U.S.C. 2000c-4).

20. Higher education students loan program (Title II, National DefenseEducation Act, 20 U.S.C. 421-429). 

21. Educational Opportunity grants and assistance for State and privateprograms of low-interest insured loans and State loans to students ininstitutions of higher education (Title IV, Higher Education Act of 1965, 20U.S.C. 1061-1087).

22. Grants and contracts for the conduct of Talent Search, Upward Bound, andSpecial Services Programs (20 U.S.C. 1068).

23. Land-grant college aid (7 U.S.C. 301-308; 321-326; 328-331). 

24. Language and area centers (Title VI, National Defense Education Act, 20U.S.C. 511).

25. American Printing House for the Blind (20 U.S.C. 101-105). 

26. Future Farmers of America (36 U.S.C. 271-391) and similar programs.

27. Science clubs (Pub. L. 85-875, 20 U.S.C. 2, note).

28. Howard University (20 U.S.C. 121-129).

29. Gallaudet College (31 D.C. Code, Chapter 10). 

30. Establishment and operation of a model secondary school for the deaf byGallaudet College (31 D.C. Code 1051-1053; 80 Stat. 1027-1028). 

31. Faculty development programs, workshops and institutes (20 U.S.C.1131-1132).

32. National Technical Institute for the Deaf (20 U.S.C. 681-685). 

33. Institutes and other programs for training educational personnel (partsD, E, and F, Title V, Higher Education Act of 1965) (20 U.S.C. 1119-1119c-4). 

34. Grants and contracts for research and demonstration projects inlibrarianship (20 U.S.C. 1034). 

35. Acquisition of college library resources (20 U.S.C. 1021-1028). 

36. Grants for strengthening developing institutions of higher education (20U.S.C. 1051-1054); National Fellowships for teaching at developing institutions(20 U.S.C. 1055), and grants to retired professors to teach at developinginstitutions (20 U.S.C. 1056). 

37. College Work-Study Program (42 U.S.C. 2751-2757).

38. Financial assistance for acquisition of higher education equipment, andminor remodeling (20 U.S.C. 1121-1129). 

39. Grants for special experimental demonstration projects and teachertraining in adult education (20 U.S.C. 1208).

40. Grant programs for advanced and undergraduate international studies (20U.S.C. 1171-1176; 22 U.S.C. 2452(b)).

41. Experimental projects for developing State leadership or establishmentof special services (20 U.S.C. 865). 

42. Grants to and arrangements with State educational and other agencies tomeet special educational needs of migratory children of migratory agriculturalworkers (20 U.S.C. 241e(c)).

43. Grants by the Secretary to local educational agencies for supplementaryeducational centers and services; guidance, counseling, and testing (20 U.S.C.841-844; 844b).

44. Resource centers for improvement of education of handicapped children(20 U.S.C. 1421) and centers and services for deaf-blind children (20 U.S.C.1422).

45. Recruitment of personnel and dissemination of information on educationof handicapped (20 U.S.C. 1433). 

46. Grants for research and demonstrations relating to physical education orrecreation for handicapped children (20 U.S.C. 1442) and training of physicaleducators and recreation personnel (20 U.S.C. 1434). 

47. Dropout prevention projects (20 U.S.C. 887). 

48. Bilingual education programs (20 U.S.C. 880b-880b-6). 

49. Grants to agencies and organizations for Cuban refugees (22 U.S.C.2601(b)(4)). 

50. Grants and contracts for special programs for children with specificlearning disabilities including research and related activities, training andoperating model centers (20 U.S.C. 1461). 

51. Curriculum development in vocational and technical education (20 U.S.C.1391). 

52. Establishment, including construction, and operation of a NationalCenter on Educational Media and Materials for the Handicapped (20 U.S.C. 1453).

53. Grants and contracts for the development and operation of experimentalpreschool and early education programs for handicapped (20 U.S.C. 1423).

54. Grants to public or private non-profit agencies to carry on the FollowThrough Program in kindergarten and elementary schools (42 U.S.C. 2809 (a)(2)).

55. Grants for programs of cooperative education and grants and contractsfor training and research in cooperative education (20 U.S.C. 1087a-1087c).

56. Grants and contracts to encourage the sharing of college facilities andresources (network for knowledge) (20 U.S.C. 1133- 1133b).

57. Grants, contracts, and fellowships to improve programs preparing personsfor public service and to attract students to public service (20 U.S.C.1134-1134b). 

58. Grants for the improvement of graduate programs (20 U.S.C. 1135-1135c). 

59. Contracts for expanding and improving law school clinical experienceprograms (20 U.S.C. 1136-1136b).

60. Exemplary programs and projects in vocational education (20 U.S.C.1301-1305). 

61. Grants to reduce borrowing cost for construction of residential schoolsand dormitories (20 U.S.C. 1323). 

62. Surplus real and related personal property disposal for educationalpurposes (40 U.S.C. 484(k)). 

*Part 2 – Continuing Assistance to States*

1. Grants to States for public library service and construction,interlibrary cooperation and specialized State library services for certainState institutions and the physically handicapped (20 U.S.C. 351-355).

2. Grants to States for strengthening instruction in academic subjects (20U.S.C. 441-444). 

3. Grants to States for vocational education (20 U.S.C. 1241-1264).

4. Arrangements with State education agencies for training under theManpower Development and Training Act (42 U.S.C. 2601-2602, 2610a). 

5. Grants to States to assist in the elementary and secondary education ofchildren of low-income families (20 U.S.C. 241a-242m). 

6. Grants to States to provide for school library resources, textbooks andother instructional materials for pupils and teachers in elementary andsecondary schools (20 U.S.C. 821-827).

7. Grants to States to strengthen State departments of education (20 U.S.C.861-870). 

8. Grants to States for community service programs (20 U.S.C. 1001-1011).

9. Grants to States for adult basic education and related research, teachertraining and special projects (20 U.S.C. 1201-1211). 

10. Grants to States educational agencies for supplementary educationalcenters and services, and guidance, counseling and testing (20 U.S.C. 841-847).

11. Grants to States for research and training in vocational education (20U.S.C. 1281(b)).

12. Grants to States for exemplary programs and projects in vocationaleducation (20 U.S.C. 1301-1305).

13. Grants to States for residential vocational education schools (20 U.S.C.1321).

14. Grants to States for consumer and homemaking education (20 U.S.C. 1341).

15. Grants to States for cooperative vocational educational program (20U.S.C. 1351-1355).

16. Grants to States for vocational work-study programs (20 U.S.C.1371-1374). 

17. Grants to States to attract and qualify teachers to meet criticalteaching shortages (20 U.S.C. 1108-1110c).

18. Grants to States for education of handicapped children (20 U.S.C.1411-1414).

19. Grants for administration of State plans and for comprehensive planningto determine construction needs of institutions of higher education (20 U.S.C.715(b)).