[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: 34CFR76.52]

[Page 165-166]
 
                           TITLE 34--EDUCATION
 
PART 76_STATE-ADMINISTERED PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec. 76.52  Eligibility of faith-based organizations for a subgrant.

    (a)(1) A faith-based organization is eligible to apply for and to 
receive a subgrant under a program of the Department on the same basis 
as any other private organization, with respect to programs for which 
such other organizations are eligible.
    (2) In the selection of subgrantees, States shall not discriminate 
for or against a private organization on the basis of the organization's 
religious character or affiliation.
    (b) The provisions of Sec. 76.532 apply to a faith-based 
organization that receives a subgrant from a State under a State-
administered program of the Department.
    (c) A private organization that engages in inherently religious 
activities, such as religious worship, instruction, or proselytization, 
must offer those services separately in time or location from any 
programs or services supported by a subgrant from a State under a State-
administered program of the Department, and participation in any such 
inherently religious activities by beneficiaries of the programs 
supported by the subgrant must be voluntary.
    (d)(1) A faith-based organization that applies for or receives a 
subgrant from a State under a State-administered program of the 
Department may retain its independence, autonomy, right of expression, 
religious character, and authority over its governance.
    (2) A faith-based organization may, among other things--
    (i) Retain religious terms in its name;
    (ii) Continue to carry out its mission, including the definition, 
development, practice, and expression of its religious beliefs;
    (iii) Use its facilities to provide services without removing or 
altering religious art, icons, scriptures, or other symbols from these 
facilities;
    (iv) Select its board members and otherwise govern itself on a 
religious basis; and
    (v) Include religious references in its mission statement and other 
chartering or governing documents.
    (e) A private organization that receives a subgrant from a State 
under a State-administered program of the Department shall not 
discriminate against a beneficiary or prospective beneficiary in the 
provision of program services on the basis of religion or religious 
belief.
    (f) If a State or subgrantee contributes its own funds in excess of 
those funds required by a matching or grant agreement to supplement 
Federally funded activities, the State or subgrantee has the option to 
segregate those additional funds or commingle them with the funds 
required by the matching requirements or grant agreement. However, if 
the additional funds are commingled, this section applies to all of the 
commingled funds.
    (g) A religious organization's exemption from the Federal 
prohibition on employment discrimination on the basis of religion, in 
section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-

[[Page 166]]

1, is not forfeited when the organization receives financial assistance 
from the Department.

(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))

[69 FR 31711, June 4, 2004]

    Effective Date Note: At 69 FR 31711, June 4, 2004, Sec. thnsp;76.52 
was added, effective July 6, 2004.