[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR86.36]

[Page 387-388]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 86--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
Subpart D--Discrimination on the Basis of Sex in Education Programs and 
                          Activities Prohibited
 
Sec. 86.36  Counseling and use of appraisal and counseling materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient which 
uses testing or other materials for appraising or

[[Page 388]]

counseling students shall not use different materials for students on 
the basis of their sex or use materials which permit or require 
different treatment of students on such basis unless such different 
materials cover the same occupations and interest areas and the use of 
such different materials is shown to be essential to eliminate sex bias. 
Recipients shall develop and use internal procedures for ensuring that 
such materials do not discriminate on the basis of sex. Where the use of 
a counseling test or other instrument results in a substantially 
disproportionate number of members of one sex in any particular course 
of study or classification, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination in the instrument or its application.
    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 
U.S.C. 1681, 1682)