[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR110.3]

[Page 428-429]
 
                           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 A_General
 
Sec. 110.3  What definitions apply?

    The following definitions apply to these regulations: Act means the 
Age Discrimination Act of 1975, as amended (Title III of Pub. L. 94-
135).
    Action means any act, activity, policy, rule, standard, or method of 
administration, or the use of any policy, rule, standard, or method of 
administration.
    Age means how old a person is, or the number of years from the date 
of a person's birth.
    Age distinction means any action using age or an age-related term.
    Age-related term means a word or words that necessarily imply a 
particular age or range of ages (e.g., ``children,'' ``adult,'' ``older 
persons,'' but not ``student'' or ``grade'').
    Agency means a Federal department or agency that is empowered to 
extend financial assistance.
    Applicant for Federal financial assistance means one who submits an 
application, request, or plan required to be approved by a Department 
official or by a recipient as a condition to becoming a recipient or 
subrecipient.
    Department means the United States Department of Education.
    ED means the United States Department of Education.
    Federal financial assistance means any grant, entitlement, loan, 
cooperative agreement, contract (other than a procurement contract or a 
contract of insurance or guaranty), or any other arrangement by which ED 
provides or otherwise makes available assistance in the form of--
    (a) Funds;
    (b) Services of Federal personnel; or
    (c) Real and personal property or any interest in or use of 
property, including--
    (1) Transfers or leases of property for less than fair market value 
or for reduced consideration; and
    (2) Proceeds from a subsequent transfer or lease of property if the 
Federal share of its fair market value is not returned to the Federal 
Government.
    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

[[Page 429]]

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;
    (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)
    Recipient means any State or its political subdivision, any 
instrumentality of a State or its political subdivision, any public or 
private agency, institution, organization, or other entity, or any 
person to which Federal financial assistance from ED is extended, 
directly or through another recipient. ``Recipient'' includes any 
successor, assignee, or transferee of a recipient, but excludes the 
ultimate beneficiary of the assistance.
    Secretary means the Secretary of Education, or his or her designee.
    Subrecipient means any of the entities in the definition of 
``recipient'' to which a recipient extends or passes on Federal 
financial assistance. A subrecipient is generally regarded as a 
recipient of Federal financial assistance and has all the duties of a 
recipient in these regulations.
    United States means the fifty States, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands, American 
Samoa, Wake Island, the Trust Territory of the Pacific Islands, the 
Commonwealth of the Northern Mariana Islands, and the territories and 
possessions of the United States.

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

[58 FR 40197, July 27, 1993, as amended at 65 FR 68056, Nov. 13, 2000]