[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR110.12]

[Page 412]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
         Subpart B--Standards for Determining Age Discrimination
 
Sec. 110.12  Exceptions to the rules against age discrimination: Normal 
operation or statutory objective of any program or activity.

    A recipient is permitted to take an action otherwise prohibited by 
Sec. 110.10 if the action reasonably takes into account age as a factor 
necessary to the normal operation or the achievement of any statutory 
objective of a program or activity. An action reasonably takes into 
account age as a factor necessary to the normal operation or the 
achievement of any statutory objective of a program or activity, if--
    (a) Age is used as a measure or approximation of one or more other 
characteristics;
    (b) The other characteristic or characteristics must be measured or 
approximated in order for the normal operation of the program or 
activity to continue, or to achieve any statutory objective of the 
program or activity;
    (c) The other characteristic or characteristics can be reasonably 
measured or approximated by the use of age; and
    (d) The other characteristic or characteristics are impractical to 
measure directly on an individual basis.

(Authority: 42 U.S.C. 6103)