68050 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations

DEPARTMENT OF EDUCATION

34 CFR Parts 100, 104, 106, and 110

RIN 1870–AA10

Conforming Amendments to the

Regulations Governing

Nondiscrimination on the Basis of

Race, Color, National Origin, Disability,

Sex, and Age Under the Civil Rights

Restoration Act of 1987

AGENCY: Office for Civil Rights,

Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends the

regulations governing

nondiscrimination on the basis of race,

color, national origin, sex, handicap,

and age to conform with statutory

amendments made by the Civil Rights

Restoration Act of 1987 (CRRA). These

amendments add a definition of

‘‘program or activity’’ or ‘‘program’’ that

adopts the statutory definition of

‘‘program or activity’’ or ‘‘program’’

enacted as part of the CRRA.

DATES: These regulations are effective

December 13, 2000.

ADDRESSES: After December 13, 2000, a

complete version of the revised

regulations will be available on request

from OCR’s Customer Service Team

listed in FOR FURTHER INFORMATION

CONTACT and will be available on the

Internet at the following site: http://

www.ed.gov/ocr/regs

FOR FURTHER INFORMATION CONTACT:

Jeanette J. Lim, U.S. Department of

Education, 400 Maryland Avenue, SW.,

room 5036 MES, Washington, DC

20202–1100. Telephone: (202) 205–

5557. If you use a telecommunications

device for the deaf (TDD), you may call

the TDD number at (202) 260–0471.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to OCR’s Customer Service

Team at (202) 205–5557 or toll-free at 1–

800–421–3481.

SUPPLEMENTARY INFORMATION: On May 5,

2000, we published a notice of proposed

rulemaking (NPRM) in the Federal

Register (65 FR 26464) proposing to

amend the regulations governing

nondiscrimination on the basis of race,

color, national origin, sex, handicap,

and age to conform with the CRRA.

We are amending these civil rights

regulations to conform to provisions of

the CRRA regarding the scope of

coverage under civil rights statutes

administered by the Department of

Education (Department or ED). These

statutes include Title VI of the Civil

Rights Act of 1964, as amended, 42

U.S.C. 2000d, et seq. (Title VI), Title IX

of the Education Amendments of 1972,

20 U.S.C. 1681 et seq., (Title IX), Section

504 of the Rehabilitation Act of 1973, as

amended, 29 U.S.C. 794 (Section 504),

and the Age Discrimination Act of 1975,

42 U.S.C. 6101, et seq. (Age

Discrimination Act). Title VI prohibits

discrimination on the basis of race,

color, and national origin in all

programs or activities that receive

Federal financial assistance; Title IX

prohibits discrimination on the basis of

sex in education programs or activities

that receive Federal financial assistance;

Section 504 prohibits discrimination on

the basis of disability in all programs or

activities that receive Federal financial

assistance; and the Age Discrimination

Act generally prohibits discrimination

on the basis of age in all programs or

activities that receive Federal financial

assistance.

The conforming change amends each

of these regulations to add a definition

of ‘‘program or activity’’ or ‘‘program’’

that adopts the statutory definition of

‘‘program or activity’’ or ‘‘program’’

enacted as part of the CRRA. We believe

that adding this statutory definition to

the regulatory language is the best way

to avoid confusion on the part of

recipients, students, parents, and other

interested parties about the scope of

civil rights coverage. These amendments

also conform in this regard to the final

Title IX regulations for 24 Federal

agencies published on August 30, 2000

(65 FR 52858). That common rule

incorporated the statutory definitions of

‘‘program or activity’’ or ‘‘program’’

enacted as part of the CRRA.

The Department’s civil rights

regulations, when originally issued and

implemented, were interpreted by the

Department to mean that acceptance of

Federal assistance by a school resulted

in broad institutional coverage. In Grove

City College v. Bell 465 U.S. 555 (1984)

(Grove City College), the Supreme Court

held, in a Title IX case, that if the

Department provided student financial

assistance to a college, the Department

had jurisdiction to ensure Title IX

compliance in the specific program

receiving or benefiting from the

assistance, in this case, the student

financial aid program, but that the

Federal student financial assistance

would not provide jurisdiction over the

entire institution. Following the

Supreme Court’s decision in Grove City

College, the Department did change its

interpretation, but not the language, of

these regulations to be consistent with

the Court’s restrictive, ‘‘program

specific’’ definition of ‘‘program or

activity’’ or ‘‘program.’’ Since Title IX

was patterned after Title VI, Grove City

College significantly narrowed the scope

of jurisdiction of Title VI and two other

statutes based on it: the Age

Discrimination Act and Section 504. See

S. Rep. No. 100–64, 100th Cong., 1st

Sess. 2–3, 11–16 (1987).

Then, in 1988, the CRRA was enacted

to ‘‘restore the prior consistent and longstanding executive branch interpretation

and broad, institution-wide application

of those laws as previously

administered’’ (20 U.S.C. 1687 note 1.)

Congress enacted the CRRA in order to

remedy what it perceived to be a serious

narrowing by the Supreme Court of a

longstanding administrative

interpretation of the coverage of the

regulations. At that time, the

Department reinstated its broad

interpretation to be consistent with the

CRRA, again without changing the

language of the regulations. It was and

remains the Department’s consistent

interpretation that—with regard to the

differences between the interpretation of

the regulations given by the Supreme

Court in Grove City College and the

language of the CRRA—the CRRA,

which took effect upon enactment,

superseded the Grove City College

decision and, therefore, the regulations

must be read in conformity with the

CRRA.

This interpretation reflects the

understanding of Congress, as expressed

in the legislative history of the CRRA,

that the statutory definition of ‘‘program

or activity’’ or ‘‘program’’ would take

effect immediately, by its own force,

without the need for Federal agencies to

amend their existing regulations (S. Rep.

No. 100–64 at 32). The legislative

history also evidences congressional

concern about the Department’s

immediate need to address complaints

and findings of discrimination in

federally assisted schools under the

CRRA definition of ‘‘program or

activity,’’ citing examples to

demonstrate why the CRRA was

‘‘urgently’’ needed (S. Rep. No. 100–64

at 11–16).

These regulatory amendments

eliminate an issue recently raised by the

Third Circuit Court of Appeals in

Cureton v. NCAA, 198 F. 3d 107 (1999)

(Cureton). That court determined that,

because the Department did not amend

its Title VI regulations after the CRRA

amended Title VI, application of the

Department’s Title VI regulations to

disparate impact discrimination claims

is ‘‘program specific’’ (i.e., limited to

specific programs in an institution

affected by the Federal funds), rather

than institution-wide (i.e., applicable to

all of the operations of the institution

regardless of the use of the Federal

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations 68051

funds). The Department disagrees with

the Cureton decision for the reasons

described in this preamble. That

decision would thwart clearly expressed

congressional intent. In any event, the

regulatory changes address the concerns

raised by the Third Circuit in that the

regulations track the statutory language

and apply to both disparate impact

discrimination and different treatment

discrimination. (‘‘Different treatment,’’

i.e., intentional discrimination, refers to

policies or practices that treat

individuals differently based on their

race, color, national origin, sex,

disability, or age, as applicable. That

different treatment is generally barred

by the civil rights statutes and

regulations. ‘‘Disparate impact’’ refers to

criteria or methods of administration

that have a significant disparate effect

on individuals based on race, color,

national origin, sex, disability, or age, as

applicable. Those criteria or practices

may constitute impermissible

discrimination based on legal standards

that include consideration of their

educational necessity.)

The statutory definition, which is

now incorporated into the regulations,

addresses four broad categories of

recipients: (1) State or local

governmental entities. (2) Colleges,

universities, other postsecondary

educational institutions, public systems

of higher education, local educational

agencies (LEAs), systems of vocational

education, and other school systems. (3)

Private entities, such as corporations,

partnerships, and sole proprietorships,

including those whose principal

business is providing education. (4)

Entities that are established by a

combination of two or more of the first

three types of entities.

Under the first part of the definition,

if State and local governmental entities

receive financial assistance from the

Department, the ‘‘program or activity’’

or ‘‘program’’ in which discrimination is

prohibited includes all of the operations

of any State or local department or

agency to which the Federal assistance

is extended. For example, if the

Department provides financial

assistance to a State educational agency,

all of the agency’s operations are subject

to the nondiscrimination requirements

of the regulations. In addition, ‘‘program

or activity’’ or ‘‘program’’ also includes

all of the operations of the entity of a

State or local government that

distributes the Federal assistance to

another State or local governmental

agency or department and all of the

operations of the State or local

governmental entity to which the

financial assistance is extended. For

example, if the Department provides

financial assistance under Title I of the

Elementary and Secondary Education

Act to a State educational agency and

the State educational agency distributes

the financial assistance to a local

educational agency, then all of the

operations of the State educational

agency are subject to the

nondiscrimination requirements of the

regulations, and all of the operations of

the local educational agency are

covered.

Under the second part of the

definition of ‘‘program or activity’’ or

‘‘program,’’ if colleges, universities,

other postsecondary institutions, public

systems of higher education, local

educational agencies, systems of

vocational education, or other public or

private schools or school systems

receive financial assistance from the

Department, all of their operations are

subject to the nondiscrimination

requirements of the regulations. For

example, if a public school district

receives funds from the Department

under the Safe and Drug Free Schools

and Communities Act, the entire school

district is covered, not just the district’s

Safe and Drug Free Schools and

Communities component. Additionally,

for example, if a college or university

receives student financial assistance

from the Department, all of the

operations of the college or university

are covered, not solely the operations of

the student financial assistance office.

In addition, the legislative history of the

CRRA made it clear that ‘‘all of the

operations’’ was not limited to

traditional educational operations, but

was intended to include other benefits

and services of the educational

institution, such as faculty and student

housing, campus shuttle bus services,

and commercial activities, such as

cafeterias and bookstores.

Under the third part of the definition,

in the case of private entities not already

listed under the second part of the

definition, if the federally assisted entity

or organization is principally engaged in

the business of education (or health

care, housing, social services, or parks

and recreation), then the entire

corporation, partnership, or other

private organization or sole

proprietorship is the covered ‘‘program

or activity’’ or ‘‘program.’’ For example,

if an individual elementary or

secondary school that is neither part of

an LEA nor part of an assisted private

‘‘school system’’ receives financial

assistance from the Department, the

school will be covered on an institutionwide basis under this portion of the

definition of ‘‘program or activity’’ or

‘‘program’’ because it is an entity

principally engaged in the business of

providing education. For example, if a

proprietary trade school receives

student financial assistance from the

Department, all of its operations are

covered by the nondiscrimination

requirements of the regulations.

Also under the third part of the

definition, if a private entity is not

principally engaged in the business of

education (or health care, housing,

social services, or parks and recreation)

and the Department extends financial

assistance to the private entity ‘‘as a

whole,’’ all of the private entity’s

operations at all of its locations would

be covered. If the Department were to

extend general assistance, that is,

assistance that is not designated for a

particular purpose, to this type of

corporation or other private entity, that

would be considered financial

assistance to the private entity ‘‘as a

whole.’’ In other instances in which the

geographically separate facility receives

assistance under the third part of this

definition, the coverage would be

limited to the geographically separate

facility that receives the assistance.

Under the fourth part of the

definition, if an entity of a type not

already covered by one of the first three

parts of the definition is established by

two or more of the entities listed under

the first three parts of the definition,

then all of the operations of that new

entity are covered. Under the illustrative

example in the legislative history, a

public school district (an entity listed

under the second part of the definition)

and a private corporation (an entity

listed under the third part of the

definition) may establish a new

company, which is a public-private

partnership designed to provide

remediation, training, and employment

to high school students who are at risk

of dropping out of school. If the new

company applied for and received

financial assistance from the

Department, then, as an entity listed

under the fourth part of the definition,

all of its operations would be covered,

even if the assistance from the

Department were only to one division or

component of the new company.

The regulatory changes also modify or

delete some sections of the Department

regulations that have become

superfluous following the CRRA

enactment, to conform with the CRRA

definitions of ‘‘program or activity’’ or

‘‘program.’’ These regulatory changes do

not change the requirements of the

existing regulations. This is consistent

with the approach in the Title IX

common rule. As explained in the

preamble to the NPRM for the Title IX

common rule, that regulatory language

in ED’s Title IX regulations made

68052 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations

superfluous by the enactment of the

CRRA was omitted in that rule (64 FR

58571).

The Department’s Title IX regulations,

promulgated in 1975 by the Department

of Health, Education, and Welfare in 49

FR 24128 and adopted by the

Department of Education upon its

establishment in 1980, 45 FR 30955,

defined ‘‘recipient’’ as an entity ‘‘to

whom Federal financial assistance is

extended directly or through another

recipient and that operates an education

program or activity that receives or

benefits from such assistance.’’ At that

time, the words ‘‘or benefits from’’ were

necessary to clarify that all of the

operations of a university or other

educational institution that receives

Federal funds—not just the particular

programs receiving financial

assistance—are covered by Title IX’s

nondiscrimination requirements. As

previously discussed, this interpretation

was rejected by the Supreme Court in

1984 in Grove City College, which held

that Federal student financial aid

established Title IX jurisdiction only

over the financial aid program, not the

entire institution. However, Congress’

1988 enactment of the CRRA

counteracted this decision by defining

‘‘program or activity’’ and ‘‘program’’ to

provide expressly that Title IX covers all

educational programs of a recipient

institution. Because of this statutory

change, the words ‘‘or benefits from’’ are

no longer necessary as a regulatory

matter, and we deleted them. For the

same reason, we deleted the words ‘‘or

benefits from’’ from the Section 504

regulations. These deletions do not

affect the reach of Title IX or Section

504.

The Department of Education’s Title

VI regulations, promulgated in 1964 by

the Department of Health, Education,

and Welfare in 29 FR 16298 and 29 FR

16988 and in 1965 in 30 FR 16988, and

adopted by the Department of Education

upon its establishment in 1980, (45 FR

30918), previously included an

assurance requirement for institutions

in § 100.4(d)(2) that created confusion

with regard to the scope of ‘‘program or

activity’’ and ‘‘program’’ under Title VI.

One example is the previously

referenced decision in Cureton. The

regulatory provision previously stated,

in part, ‘‘The assurance * * * shall be

applicable to the entire institution

unless the applicant establishes, to the

satisfaction of the responsible

Department official, that the

institution’s practices in designated

parts or programs of the institution will

in no way affect its practices in the

program of the institution for which

Federal financial assistance is sought *–

*–*.’’ We have deleted that portion of

the assurance that begins with the word

‘‘unless’’ to avoid any further confusion.

As previously stated, it was appropriate

to apply the CRRA statutory definition

of ‘‘program or activity’’ to the

regulations. For the same reasons, we

have deleted portions of the illustrations

in § 100.5(b) and (d), since they could

create similar confusion. Specifically, in

§ 100.5(b), we deleted the language that

states that, with regard to university

graduate research, training,

demonstration, or other grants, the

prohibition extends to the entire

university ‘‘unless it satisfies the

responsible Department official that

practices with respect to other parts or

programs of the university will not

interfere, directly or indirectly, with

fulfillment of the assurance required

with respect to the graduate school.’’

Similarly, in § 100.5(d), we deleted the

language that states that ‘‘In

construction grants the assurances

required will be adapted to the nature

of the activities to be conducted in the

facilities for construction of which the

grants have been authorized by

Congress.’’ These deletions do not affect

the reach of Title VI.

In addition, we deleted references to

‘‘program’’ or ‘‘program or activity’’ in

the regulations that do not refer to the

CRRA broad definition of that phrase, in

order to eliminate potential confusion in

the use of these terms and to continue

the longstanding Department

interpretation of the statutes and

regulations. For example, in some

instances, we deleted ‘‘program’’ or

‘‘program or activity’’ and substituted

‘‘Federal financial assistance’’ or ‘‘aid,

benefits, or services.’’ In others, we

changed ‘‘programs and activities’’ to

‘‘programs or activities’’ or ‘‘program or

activity’’ to conform the regulations to

the phrase used in the CRRA—when it

is used in the broad manner defined in

the CRRA. We did not modify the term

‘‘activity’’ when it appears separately

from the phrase ‘‘program or activity’’

and is used in a manner unrelated to the

CRRA phrase ‘‘program or activity.’’

These final regulations use the plural

terms ‘‘programs’’ and ‘‘programs or

activities’’ to refer generally to multiple

programs or activities operated by

multiple recipients. The singular terms

‘‘program’’ or ‘‘program or activity’’ are

used in all other instances. We have

chosen to use the singular in all of those

cases because, under the CRRA and

these regulations, virtually all of our

recipients, such as institutions of higher

education, will have only one

‘‘program’’ or ‘‘program or activity’’

encompassing all of the recipient’s

operations. In addition, since the use of

the singular may be interpreted to

encompass the plural, these regulations

typically use the singular even though

in certain cases we may fund a recipient

that operates more than one program or

activity that receives Federal financial

assistance (such as when an individual

recipient corporation has multiple

plants, each of which is a separate

program or activity). Similar regulations

of other Federal agencies may use the

plural form of these terms more

frequently as they may tend to fund a

greater number of recipients that operate

more than one program or activity. Use

of the singular or plural forms of these

terms should not be interpreted to imply

any legal difference in the intended

scope of coverage.

It is important to note that these

changes do not in any way alter the

requirement of the CRRA that a

proposed or effectuated fund

termination be limited to the particular

program or programs ‘‘or part thereof’’

that discriminates or, as appropriate, to

all of the programs that are infected by

the discriminatory practices. See S. Rep.

No. 100–64, at 20, (‘‘The [CRRA] defines

’program’ in the same manner as

‘program or activity,’ and leaves intact

the ‘or part thereof’ pinpointing

language.’’).

We replaced the current definition of

‘‘program’’ in 34 CFR 100.13 with the

definition of ‘‘program or activity’’ and

‘‘program.’’ We added the definition of

‘‘program or activity’’ and ‘‘program’’ to

34 CFR 106.2. We added the definition

of ‘‘program or activity’’ to 34 CFR 104.3

and to 34 CFR 110.3. Conforming

changes to the nonregulatory guidance

in Appendix B of Part 100, Appendix A

of Part 104, and Appendix A of Part 106

will be published in the Federal

Register in a separate notice. Nothing in

these changes affects coverage under the

Federal employment nondiscrimination

statutes, including Title VII of the Civil

Rights Act of 1964, Title I of the

Americans with Disabilities Act, and the

Age Discrimination in Employment Act.

Except for minor editorial and

technical revisions, there are no

differences between the NPRM and

these final regulations.

Analysis of Comments and Changes

In the NPRM, we invited comments

on the proposed regulations. We did not

receive any comments. However, we

have reviewed the regulations, in

consultation with the Department of

Justice, since publication of the NPRM

and have made minor editorial and

technical changes.

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations 68053

Executive Order 12866

We have reviewed these final

regulations in accordance with

Executive Order 12866. Under the terms

of the order we have assessed the

potential costs and benefits of this

regulatory action.

The potential costs associated with

the final regulations are those resulting

from statutory requirements and those

we have determined to be necessary for

administering these programs effectively

and efficiently.

In assessing the potential costs and

benefits—both quantitative and

qualitative—of these final regulations,

we have determined that there probably

will be no cost impacts because these

final regulations merely clarify

longstanding Department policy and do

not change the Department’s practices

in addressing issues of discrimination.

We also have determined that this

regulatory action would not unduly

interfere with State, local, and tribal

governments in the exercise of their

governmental functions.

We summarized the potential costs

and benefits of these final regulations in

the preamble to the NPRM (65 FR

26467).

Paperwork Reduction Act of 1995

These regulations do not contain any

information collection requirements.

Assessment of Educational Impact

In the NPRM we requested comments

on whether the proposed regulations

would require transmission of

information that any other agency or

authority of the United States gathers or

makes available.

Based on the response to the NPRM

and on our review, we have determined

that these final regulations do not

require transmission of information that

any other agency or authority of the

United States gathers or makes

available.

Electronic Access to This Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

After December 13, 2000, you may view

a complete version of the revised

regulations in text or PDF on the

Internet at the following site: http://

www.ed.gov/ocr/regs

To use the PDF you must have Adobe

Acrobat Reader, which is available free

at either of the first two sites listed in

this section. If you have questions about

using the PDF, call the U.S. Government

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington,

DC, area at (202) 512–1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html

List of Subjects

34 CFR Part 100

Administrative practice and

procedure, Civil rights.

34 CFR Part 104

Civil Rights, Equal educational

opportunity, Equal employment

opportunity, Individuals with

disabilities.

34 CFR Part 106

Education, Sex discrimination.

34 CFR Part 110

Administrative practice and

procedure, Aged, Civil rights, Grant

programs—education, Loan programs—

education.

Dated: September 1, 2000.

Richard W. Riley,

Secretary of Education.

For the reasons discussed in the

preamble, the Secretary amends parts

100, 104, 106, and 110 of title 34 of the

Code of Federal Regulations as follows:

PART 100—NONDISCRIMINATION

UNDER PROGRAMS RECEIVING

FEDERAL ASSISTANCE THROUGH

THE DEPARTMENT OF EDUCATION

EFFECTUATION OF TITLE VI OF THE

CIVIL RIGHTS ACT OF 1964

1. The authority citation for part 100

continues to read as follows:

Authority: Sec. 602, 78 Stat. 252; 42 U.S.C.

2000d–1, unless otherwise noted.

§ 100.2 [Amended]

2. Section 100.2 is amended by—

A. Removing the words ‘‘program for

which’’ and adding, in their place,

‘‘program to which’’ in the introductory

text;

B. Removing the words ‘‘assisted

programs and activities’’ and adding, in

their place, ‘‘financial assistance’’ in the

introductory text;

C. Removing the words ‘‘under any

such program’’ in paragraph (c); and

D. Removing the words ‘‘, under any

such program’’ in paragraph (d).

§ 100.3 [Amended]

3. Section 100.3(d) is amended by

removing the words ‘‘the benefits of a

program’’, and adding, in their place,

the word ‘‘benefits’’.

§ 100.4 [Amended]

4. Section 100.4 is amended as

follows—

A. Removing the words ‘‘to carry out

a program’’ in the first sentence of

paragraph (a)(1);

B. Removing the words ‘‘except a

program’’ and adding, in their place, the

words ‘‘except an application’’ in the

first sentence of paragraph (a)(1);

C. Removing the words ‘‘for each

program’’ and the words ‘‘in the

program’’ in the fifth sentence of

paragraph (a)(1);

D. Removing the words ‘‘State

programs’’ and adding, in their place,

the words ‘‘Federal financial

assistance’’ in the heading of paragraph

(b);

E. Removing the words ‘‘to carry out

a program involving’’ and adding, in

their place, the word ‘‘for’’ in the

introductory text of paragraph (b); and

F. Revising paragraph (d)(2).

The revision reads as follows:

§ 100.4 Assurances required.

* * * * *

(d) * * *

(2) The assurance required with

respect to an institution of higher

education, hospital, or any other

institution, insofar as the assurance

relates to the institution’s practices with

respect to admission or other treatment

of individuals as students, patients, or

clients of the institution or to the

opportunity to participate in the

provision of services or other benefits to

such individuals, shall be applicable to

the entire institution.

* * * * *

5. Section 100.5 is amended as

follows—

A. Revising paragraph (b); and

B. Removing the last sentence of

paragraph (d).

The revision reads as follows:

§ 100.5 Illustrative application.

* * * * *

(b) In a research, training,

demonstration, or other grant to a

university for activities to be conducted

in a graduate school, discrimination in

the admission and treatment of students

in the graduate school is prohibited, and

the prohibition extends to the entire

university.

* * * * *

§ 100.6 [Amended]

6. Section 100.6(b) is amended by

removing the words ‘‘of any program

under’’ in the last sentence and adding,

in their place, the word ‘‘in’’.

68054 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations

§ 100.9 [Amended]

7. Section 100.9(e) is amended by

removing the word ‘‘programs’’ in the

first sentence and adding, in its place,

the words ‘‘Federal assistance statutes’’.

8. Section 100.13 is amended by—

A. Removing ‘‘for any program,’’ and

‘‘under any such program’’ in paragraph

(i);

B. Removing ‘‘for the purpose of

carrying out a program’’ in paragraph (j);

C. Revising paragraph (g); and

D. Adding an authority citation

following paragraph (g).

The revision and addition read as

follows:

§ 100.13 Definitions.

* * * * *

(g) The term program or activity and

the term program mean all of the

operations of—

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity that is established

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 financial assistance.

(Authority: 42 U.S.C. 2000d–4)

* * * * *

9. Appendix A to part 100 is amended

by revising the heading of part 1 and the

heading of part 2 to read as follows:

APPENDIX A TO PART 100—FEDERAL

FINANCIAL ASSISTANCE TO WHICH

THESE REGULATIONS APPLY

Part 1—Assistance Other Than Continuing

Assistance to States

* * * * *

Part 2—Continuing Assistance to States

* * * * *

PART 104—NONDISCRIMINATION ON

THE BASIS OF HANDICAP IN

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

10. The heading for part 104 is revised

to read as set forth above.

11. The authority citation for part 104

continues to read as follows:

Authority: 20 U.S.C. 1405; 29 U.S.C. 794.

§ 104.2 [Amended]

12. Section 104.2 is amended by

removing the word ‘‘each’’ before the

words ‘‘program or activity’’ and

adding, in its place, the word ‘‘the’’; and

by removing the words ‘‘or benefits

from’’.

13. Section 104.3 is amended by

redesignating paragraphs (k) and (l) as

paragraphs (l) and (m), respectively;

adding a new paragraph (k); and adding

an authority citation following

paragraph (k) to read as follows:

§ 104.3 Definitions.

* * * * *

(k) Program or activity means all of

the operations of—

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or of a local

government; or

(ii) The entity of such State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, or other private

organization, or an entire sole

proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity which is

established by two or more of the

entities described in paragraph (k)(1),

(2), or (3) of this section; any part of

which is extended Federal financial

assistance.

(Authority: 29 U.S.C. 794(b))

* * * * *

§ 104.4 [Amended]

14. Section 104.4 is amended by—

A. Removing the words ‘‘or benefits

from’’ in paragraphs (a) and (b)(5);

B. Removing the words ‘‘programs or

activities’’ wherever they appear in

paragraph (b)(3), and adding, in their

place, ‘‘aid, benefits, or services’’;

C. Removing the words ‘‘or benefiting

from’’ in paragraph (b)(6); and

D. In paragraph (c), removing the

word ‘‘Programs’’ in the heading and

adding, in its place, the words ‘‘Aid,

benefits, or services’’; removing the

words ‘‘from the benefits of a program’’

and adding, in their place, the words

‘‘from aid, benefits, or services’’, and

removing the words ‘‘from a program’’

and adding, in their place, the words

‘‘from aid, benefits, or services’’.

§§ 104.4, 104.6, 104.12, 104.32, 104.33,

104.36 [Amended]

15. Remove the word ‘‘program’’ and

add, in its place, the words ‘‘program or

activity’’ in the following sections:

A. Section 104.4(b)(1)(v);

B. Section 104.4(b)(4);

C. Section 104.6(a)(3), wherever it

appears;

D. Section 104.12(a), (c) introductory

text, and (c)(1);

E. Section 104.32 introductory text;

F. Section 104.33(a); and

G. Section 104.36.

§ 104.5 [Amended]

16. Section 104.5(a) is amended in the

first sentence by removing the words

‘‘for a program or activity’’ and by

removing the words ‘‘the program’’ and

adding, in their place, the words ‘‘the

program or activity’’.

§ 104.8 [Amended]

17. Section 104.8(a) is amended by

removing the words ‘‘programs and

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations 68055

activities’’ in the second sentence and

adding, in their place, the words

‘‘program or activity’’.

§ 104.11 [Amended]

18. Section 104.11 is amended by—

A. Removing the words ‘‘programs

assisted’’ and adding, in their place, the

words ‘‘programs or activities assisted’’

in paragraph (a)(2);

B. Removing the word ‘‘programs’’

and revising ‘‘apprenticeship’’ to read

‘‘apprenticeships’’ in the last sentence

of paragraph (a)(4); and

C. Removing the word ‘‘programs’’

and adding the words ‘‘those that are’’

before ‘‘social or recreational’’ in

paragraph (b)(8).

Subpart C of Part 104—[Amended]

19. The heading of subpart C is

amended by removing the word

‘‘Program’’.

§ 104.22 [Amended]

20. Section 104.22 is amended by—

A. Removing in paragraph (a) the

words ‘‘Program accessibility’’ in the

heading and adding, in their place, the

word ‘‘Accessibility’’ and removing the

words ‘‘each program or activity to

which this part applies so that the

program or activity, when viewed in its

entirety,’’ in the first sentence and

adding, in their place, the words ‘‘its

program or activity so that when each

part is viewed in its entirety, it’’;

B. Removing the words ‘‘offer

programs and activities to’’ in the last

sentence and adding, in their place, the

word ‘‘serve’’ in paragraph (b); and

C. Removing the word ‘‘program’’ and

adding ‘‘in order to comply with

paragraph (a) of this section’’ after the

word ‘‘accessibility’’ in paragraph (e)(3).

§ 104.31 [Amended]

21. Section 104.31 is amended by

removing the words ‘‘or benefit from’’

wherever they appear; and by removing

the words ‘‘programs and activities’’ and

adding, in their place, the words

‘‘programs or activities’’.

§ 104.33 [Amended]

22. Section 104.33 is amended by—

A. Removing the words

‘‘individualized education program’’

and adding, in their place, the words

‘‘Individualized Education Program’’ in

paragraph (b)(2);

B. Removing the words ‘‘in or refer

such person to a program other than the

one that it operates’’ and adding, in

their place, the words ‘‘or refer such a

person for aid, benefits, or services other

than those that it operates or provides’’

in the first sentence in paragraph (b)(3);

C. Removing the words ‘‘in or refers

such person to a program not operated’’

in the second sentence of paragraph

(c)(1), and adding, in their place, the

words ‘‘or refers such person for aid,

benefits, or services not operated or

provided’’;

D. Removing the words ‘‘of the

program’’ in the second sentence of

paragraph (c)(1) and adding, in their

place, the words ‘‘of the aid, benefits, or

services’’;

E. Removing the words ‘‘in or refers

such person to a program not operated’’

in paragraph (c)(2), and adding, in their

place, the words ‘‘or refers such person

for aid, benefits, or services not operated

or provided’’;

F. Removing the words ‘‘from the

program’’ in paragraph (c)(2), and

adding, in their place, the words ‘‘from

the aid, benefits, or services’’;

G. Removing the words ‘‘in the

program’’ in paragraph (c)(2), and

adding, in their place, the words ‘‘in the

aid, benefits, or services’’;

H. Removing the words ‘‘If placement

in a public or private residential

program’’ and adding, in their place, the

words ‘‘If a public or private residential

placement’’ in paragraph (c)(3); and

removing the words ‘‘the program’’, and

adding, in their place, the words ‘‘the

placement’’; and

I. Removing the words ‘‘such a

program’’ in the last sentence in

paragraph (c)(4), and adding, in their

place, the words ‘‘a free appropriate

public education’’.

§ 104.35 [Amended]

23. Section 104.35(a) is amended by

removing the words ‘‘program shall’’

and adding, in their place, the words

‘‘program or activity shall’’; removing

the word ‘‘a’’ before the word ‘‘regular’’;

and removing the word ‘‘program’’

before the word ‘‘and’’.

§ 104.37 [Amended]

24. Section 104.37(c)(1) is amended

by removing the words ‘‘programs and

activities’’ in the first sentence and

adding, in their place, the words ‘‘aid,

benefits, or services’’; and by removing

the words ‘‘in these activities’’ in the

last sentence.

25. Section 104.38 is revised to read

as follows:

§ 104.38 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 handicap,

exclude qualified handicapped persons

and shall take into account the needs of

such persons in determining the aid,

benefits or services to be provided.

§ 104.39 [Amended]

26. Section 104.39 is amended by—

A. Removing the word ‘‘programs’’ in

the section heading;

B. Removing the words ‘‘operates a’’

and adding, in their place, the word

‘‘provides’’ in paragraph (a);

C. Removing the word ‘‘program’’

after the word ‘‘education’’ in paragraph

(a);

D. Removing the words ‘‘from such

program’’ in paragraph (a);

E. Removing the words ‘‘the

recipient’s program’’ in paragraph (a),

and adding, in their place, the words

‘‘that recipient’s program or activity’’;

and

F. Removing the words ‘‘operates

special education programs shall

operate such programs’’ in paragraph

(c), and adding, in their place, the words

‘‘provides special education shall do

so’’.

§ 104.41 [Amended]

27. Section 104.41 is amended by

removing the words ‘‘programs and

activities’’ wherever they appear in the

section and adding, in their place, the

words ‘‘programs or activities’’; and by

removing the words ‘‘or benefit from’’

wherever they appear in the section.

§ 104.43 [Amended]

28. Sections 104.43 is amended by—

A. Removing the words ‘‘program or

activity’’ in paragraph (a) and adding, in

their place, the words ‘‘aid, benefits, or

services’’; and

B. Removing the words ‘‘programs

and activities’’ in paragraph (d), and

adding, in their place, the words

‘‘program or activity’’.

§ 104.44 [Amended]

29. Section 104.44 is amended by—

A. Removing the words ‘‘program of’’

in the second sentence of paragraph (a);

B. Removing the words ‘‘in its

program’’ in paragraph (c); and

C. Removing the words ‘‘under the

education program or activity operated

by the recipient’’ in paragraph (d)(1).

§ 104.47 [Amended]

30. Section 104.47 is amended by

removing the words ‘‘programs and

activities’’ in paragraph (a)(1), and

adding, in their place, the words ‘‘aid,

benefits, or services’’.

§ 104.51 [Amended]

31. Section 104.51 is amended by

removing the words ‘‘or benefit from’’

wherever they appear in the section;

and by removing the word ‘‘and’’ before

the word ‘‘activities’’ and adding, in its

place, the word ‘‘or’’.

§ 104.54 [Amended]

32. Section 104.54 is amended by

adding the words ‘‘that provides aid,

68056 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations

benefits or services’’ after the words

‘‘supervises a program or activity’’.

PART 106—NONDISCRIMINATION ON

THE BASIS OF SEX IN EDUCATION

PROGRAMS OR ACTIVITIES

RECEIVING FEDERAL FINANCIAL

ASSISTANCE

33. The heading for part 106 is revised

to read as set forth above.

33a. An authority citation for part 106

is added after the table of contents to

read as follows:

Authority: 20 U.S.C. 1681 et seq., unless

otherwise noted.

34. Section 106.2 is amended by—

A. Redesignating paragraphs (h)

through (r) as paragraphs (i) through (s),

respectively;

B. Adding a new paragraph (h) and

adding an authority citation following

paragraph (h);

C. Amending redesignated paragraph

(i) to remove the words ‘‘or benefits

from’’; and

D. Amending redesignated paragraph

(k) by removing ‘‘(k), (l), (m), or (n)’’ and

adding, in its place, ‘‘(l), (m), (n), or (o)’’.

The addition reads as follows:

§ 106.2 Definitions.

* * * * *

(h) Program or activity and program

means all of the operations of—

(1)(i) A department, agency, special

purpose district, or other

instrumentality of a State or local

government; or

(ii) The entity of a State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(2)(i) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(ii) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

(3)(i) An entire corporation,

partnership, other private organization,

or an entire sole proprietorship—

(A) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(B) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(ii) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(4) Any other entity that is established

by two or more of the entities described

in paragraph (h)(1), (2), or (3) of this

section; any part of which is extended

Federal financial assistance.

(Authority: 20 U.S.C. 1687)

* * * * *

§ 106.4 [Amended]

35. Section 106.4 is amended by

removing the words ‘‘for any education

program or activity’’; and by removing

the word ‘‘each’’ and adding, in its

place, the word ‘‘the’’ in the first

sentence of paragraph (a).

§ 106.6 [Amended]

36. Section 106.6 is amended by

removing the words ‘‘or benefits from’’

in paragraph (c).

§ 106.9 [Amended]

37. Section 106.9 is amended by

removing the words ‘‘programs or

activities’’ and adding, in their place,

the words ‘‘program or activity’’; and by

removing the words ‘‘education

programs and activities’’ and adding, in

their place, the words ‘‘the education

program or activity’’ in paragraph (a)(1).

§ 106.11 [Amended]

38. Section 106.11 is amended by

removing the word ‘‘each’’ and adding,

in its place, the word ‘‘the’’; and by

removing the words ‘‘or benefits from’’.

§ 106.17 [Amended]

39. Section 106.17 is amended by

removing the word ‘‘programs’’ and by

removing the word ‘‘emphasize’’ and

adding, in its place, the word

‘‘emphasizes’’ in paragraph (d).

Subparts D and E of Part 106—

[Amended]

40. The headings of subparts D and E

are amended by removing the word

‘‘and’’ and adding, in its place, the word

‘‘or’’.

§ 106.31 [Amended]

41. Section 106.31 is amended by—

A. Removing the word ‘‘and’’ in the

section heading and adding, in its place,

the word ‘‘or’’;

B. Removing the words ‘‘or benefits

from’’ in the first sentence of paragraph

(a); and

C. Removing the words ‘‘Programs not

operated’’ in the heading of paragraph

(d), and adding, in their place, the

words ‘‘Aid, benefits or services not

provided’’.

§ 106.40 [Amended]

42. Section 106.40 is amended by

removing the words ‘‘in the normal

education program or activity’’ in

paragraph (b)(2); and by removing the

words ‘‘instructional program in the

separate program’’ in paragraph (b)(3)

and adding, in their place, the words

‘‘separate portion’’.

§ 106.51 [Amended]

43. Section 106.51 is amended by

removing the words ‘‘or benefits from’’

in paragraph (a)(1); and by removing the

words ‘‘social or recreational programs’’

and adding, in their place, the words

‘‘those that are social or recreational’’ in

paragraph (b)(9).

PART 110—NONDISCRIMINATION ON

THE BASIS OF AGE IN PROGRAMS OR

ACTIVITIES RECEIVING FEDERAL

FINANCIAL ASSISTANCE

44. The heading for part 110 is revised

to read as set forth above.

45. The authority citation for part 110

continues to read as follows:

Authority: 42 U.S.C. 6101 et seq., unless

otherwise noted.

§ 110.1 [Amended]

46. Remove the words ‘‘programs and

activities’’ in the last sentence of § 110.1

and add, in their place, the words

‘‘programs or activities’’.

§ 110.2 [Amended]

47. The heading of § 110.2 is amended

by adding the words ‘‘or activities’’ after

the word ‘‘programs’’.

48. Section 110.3 is amended by

adding in alphabetical order a new

definition of ‘‘Program or activity’’ and

adding an authority citation following

the definition to read as follows:

§ 110.3 What definitions apply?

* * * * *

Program or activity means all of the

operations of—

(a)(1) A department, agency, special

purpose district, or other

instrumentality of a State or local

government; or

(2) The entity of a State or local

government that distributes such

assistance and each such department or

agency (and each other State or local

government entity) to which the

assistance is extended, in the case of

assistance to a State or local

government;

(b)(1) A college, university, or other

postsecondary institution, or a public

system of higher education; or

(2) A local educational agency (as

defined in 20 U.S.C. 8801), system of

vocational education, or other school

system;

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Rules and Regulations 68057

(c)(1) An entire corporation,

partnership, other private organization,

or an entire sole proprietorship—

(i) If assistance is extended to such

corporation, partnership, private

organization, or sole proprietorship as a

whole; or

(ii) Which is principally engaged in

the business of providing education,

health care, housing, social services, or

parks and recreation; or

(2) The entire plant or other

comparable, geographically separate

facility to which Federal financial

assistance is extended, in the case of

any other corporation, partnership,

private organization, or sole

proprietorship; or

(d) Any other entity that is established

by two or more of the entities described

in paragraph (a), (b), or (c) of this

section; any part of which is extended

Federal financial assistance.

(Authority: 42 U.S.C. 6107)

* * * * *

§§ 110.16, 110.17 [Amended]

49. Remove the word ‘‘program’’

wherever it appears in § 110.16 and in

§ 110.17, and add, in its place, the

words ‘‘program or activity’’.

§ 110.20 [Amended]

50. Section 110.20 is amended by

removing the words ‘‘programs or

activities are’’ in the first sentence and

adding, in their place, the words

‘‘program or activity is’’.

§ 110.23 [Amended]

51. Section 110.23 is amended by

removing the words ‘‘for a program or

activity’’ and by adding the words ‘‘or

activity’’ before the word ‘‘will’’ in

paragraph (a).

§ 110.25 [Amended]

52. Section 110.25 is amended by

removing the words ‘‘and their

applicability to specific programs’’ in

paragraph (b).

§ 110.33 [Amended]

53. Section 110.33 is amended by

removing the word ‘‘program’’ in

paragraph (a).

§ 110.35 [Amended]

54. Section 110.35(c)(2) is amended

by removing the word ‘‘Federal’’ in the

first sentence.

§ 110.37 [Amended]

55. Section 110.37(b)(2) is amended

by removing the words ‘‘program or

activity’’ and adding, in their place,

‘‘Federal financial assistance’’.

[FR Doc. 00–28599 Filed 11–9–00; 8:45 am]

BILLING CODE 4000–01–P