- Skip to main content
- About Us
- Contact Us
- FAQs
-  Language Assistance ****   - English
  - español
  - 中文: 繁體版
  - Việt-ngữ
  - 한국어
  - Tagalog
  - Русский

U.S. Department of Education

U.S. Department of Education

            - Student Loans
            - Grants
            - Laws
            - Data

***Does the Act apply only to older people?***

The Act does not                  limit protection against discrimination to a certain age group.

***Does the Act apply to age distinctions that are included in federal,                state and local laws, such as a minimum age to enroll in a public                school?***

No, the Act does                  not apply to statutes and ordinances passed by elected bodies                  that establish age criteria for participation in certain programs.

***Does the Act have any other exceptions?***

There are a variety of exceptions to the rule that permit age to be taken into account. For example, the act permits schools and colleges to offer special programs that are geared toward providing special benefits to children and the elderly in a specific age range.

***Does the Act allow schools to set age limits for programs like drivers                education?***

Yes. The Act contains                  a number of exceptions that take into account whether consideration                  of age is necessary to operate the program. A district may limit                  participation in a driver's education course to those students                  who are a certain age if this age criterion is necessary to the                  program.

***What if a school or college uses factors other than age as criteria for                admission to a program (such as requiring applicants to have graduated                from their previous school within 2 years), but it has the effect                of excluding older people who may have graduated many years ago?***

The Act may prohibit                  this if the requirement being questioned is not needed for the                  normal operation of the program being offered.

***Does the Act apply to age discrimination in employment?***

No, employment discrimination                  is covered by the Age Discrimination in Employment Act, which                  is enforced by the Equal Employment Opportunity Commission (EEOC).

***Do I have to file                an OCR complaint before I can file a claim in court?***

The regulations under                  the Age Discrimination Act, allow you to file a claim in Federal                  court only after: 1) 180 days have elapsed since you filed the                  complaint with OCR and OCR has made no finding, or 2) OCR issues                  a finding in favor of the recipient. If this occurs, OCR will                  promptly notify you and remind you of your right to file in court.                  

If you are considering                  filing in court, bear in mind that OCR does not represent complaining                  parties or provide advice regarding court filings. You would need                  to use the services of your own attorney. Also, if you proceed                  with your claim in a court, OCR will not continue to pursue your                  OCR complaint.

----

 

 Printable view

## How Do I Find...

          - Student loans, forgiveness
          - Higher Education Rulemaking
          - College accreditation
          - Every Student Succeeds Act (ESSA)
          - FERPA
          - FAFSA
          - 1098, tax forms

More >

## Information About...

          - Elevating Teaching
          - Early Learning
          - Engage Every Student
          - Unlocking Career Success
          - Cybersecurity

 

----

*Our mission*

Student Loans
Repaying LoansDefaulted LoansLoan ForgivenessLoan Servicers

Grants & Programs
Apply for Pell GrantsGrants ForecastApply for a Grant

Laws & Guidance
Every Student Succeeds Act (ESSA)FERPACivil RightsNew IDEA Website

Data & Research
Education StatisticsPostsecondary Education DataED Data ExpressNation's Report CardWhat Works ClearinghouseOpen Data PlatformCOVID Relief Data

About Us
Contact UsED OfficesJobsPress ReleasesFAQsRecursos en españolBudget, PerformancePrivacy Program

----

          - Notices
          - FOIA
          - Privacy Policy
          - Accessibility
          - Security
          - Information quality
          - Inspector General
          - Whitehouse.gov
          - USA.gov
          - Benefits.gov
          - Regulations.gov
          - vote.gov