[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR100.5]



[Page 341-342]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 100_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

 

Sec. 100.5  Illustrative application.



    The following examples will illustrate the programs aided by Federal 

financial assistance of the Department. (In all cases the discrimination 

prohibited is discrimination on the ground of race, color, or national 

origin prohibited by title VI of the Act and this regulation, as a 

condition of the receipt of Federal financial assistance).

    (a) In federally-affected area assistance (Pub. L. 815 and Pub. L. 

874) for construction aid and for general support of the operation of 

elementary or secondary schools, or in more limited support to such 

schools such as for the acquisition of equipment, the provision of 

vocational education, or the provision of guidance and counseling 

services, discrimination by the recipient school district in any of its 

elementary or secondary schools in the admission of students, or in the 

treatment of its students in any aspect of the educational process, is 

prohibited. In this and the following illustrations the prohibition of 

discrimination in the treatment of students or other trainees includes 

the prohibition of discrimination among the students or trainees in the 

availability or use of any academic, dormitory, eating, recreational, or 

other facilities of the grantee or other recipient.

    (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.

    (c) In a training grant to a hospital or other nonacademic 

institution, discrimination is prohibited in the selection of 

individuals to be trained and in their treatment by the grantee during 

their training. In a research or demonstration grant to such an 

institution discrimination is prohibited with respect to any educational 

activity and any provision of medical or other services and any 

financial aid to individuals incident to the program.

    (d) In grants to assist in the construction of facilities for the 

provision of health, educational or welfare services, assurances will be 

required that services will be provided without discrimination, to the 

same extent that discrimination would be prohibited as a condition of 

Federal operating grants for the support of such services. Thus, as a 

condition of grants for the construction of academic, research, or other 

facilities at institutions of higher education, assurances will be 

required that there will be no discrimination in the admission or 

treatment of students.

    (e) Upon transfers of real or personal surplus property for 

educational uses, discrimination is prohibited to the same extent as in 

the case of grants for the construction of facilities or the provision 

of equipment for like purposes.

    (f) Each applicant for a grant for the construction of educational 

television facilities is required to provide an assurance that it will, 

in its broadcast services, give due consideration to the interests of 

all significant racial or ethnic groups within the population to be 

served by the applicant.

    (g) A recipient may not take action that is calculated to bring 

about indirectly what this regulation forbids it to accomplish directly. 

Thus, a State, in selecting or approving projects or sites for the 

construction of public libraries which will receive Federal financial 

assistance, may not base its selections or approvals on criteria which



[[Page 342]]



have the effect of defeating or of substantially impairing 

accomplishments of the objectives of the Federal assistance as respects 

individuals of a particular race, color or national origin.

    (h) In some situations, even though past discriminatory practices 

attributable to a recipient or applicant have been abandoned, the 

consequences of such practices continue to impede the full availability 

of a benefit. If the efforts required of the applicant or recipient 

under Sec. 100.6(d), to provide information as to the availability of 

the program or activity and the rights of beneficiaries under this 

regulation, have failed to overcome these consequences, it will become 

necessary under the requirement stated in paragraph (i) of Sec. 

100.3(b)(6) for such applicant or recipient to take additional steps to 

make the benefits fully available to racial and nationality groups 

previously subject to discrimination. This action might take the form, 

for example, of special arrangements for obtaining referrals or making 

selections which will insure that groups previously subjected to 

discrimination are adequately served.

    (i) Even though an applicant or recipient has never used 

discriminatory policies, the services and benefits of the program or 

activity it administers may not in fact be equally available to some 

racial or nationality groups. In such circumstances, an applicant or 

recipient may properly give special consideration to race, color, or 

national origin to make the benefits of its program more widely 

available to such groups, not then being adequately served. For example, 

where a university is not adequately serving members of a particular 

racial or nationality group, it may establish special recruitment 

policies to make its program better known and more readily available to 

such group, and take other steps to provide that group with more 

adequate service.



(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 

U.S.C. 2000d, 2000d-1)



[45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000]