[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR19.235]



[Page 224-225]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 19_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                           Subpart B_Coverage

 

Sec. 19.235  Statutory amendments.



    (a) This section, which applies to all provisions of these Title IX 

regulations, addresses statutory amendments to Title IX.

    (b) These Title IX regulations shall not apply to or preclude:

    (1) Any program or activity of the American Legion undertaken in 

connection with the organization or operation of any Boys State 

conference, Boys Nation conference, Girls State conference, or Girls 

Nation conference;

    (2) Any program or activity of a secondary school or educational 

institution specifically for:

    (i) The promotion of any Boys State conference, Boys Nation 

conference, Girls State conference, or Girls Nation conference; or

    (ii) The selection of students to attend any such conference;

    (3) Father-son or mother-daughter activities at an educational 

institution or in an education program or activity, but if such 

activities are provided for students of one sex, opportunities for 

reasonably comparable activities shall be provided to students of the 

other sex;



[[Page 225]]



    (4) Any scholarship or other financial assistance awarded by an 

institution of higher education to an individual because such individual 

has received such award in a single-sex pageant based upon a combination 

of factors related to the individual's personal appearance, poise, and 

talent. The pageant, however, must comply with other nondiscrimination 

provisions of Federal law.

    (c) Program or activity or program means:

    (1) All of the operations of any entity described in paragraphs 

(c)(1)(i) through (iv) of this section, any part of which is extended 

Federal financial assistance:

    (i)(A) A department, agency, special purpose district, or other 

instrumentality of a State or of a local government; or

    (B) The entity of such State or local government that distributes 

such assistance and each such department or agency (and each other State 

or local government entity) to which the assistance is extended, in the 

case of assistance to a State or local government;

    (ii)(A) A college, university, or other postsecondary institution, 

or a public system of higher education; or

    (B) A local educational agency (as defined in section 8801 of title 

20), system of vocational education, or other school system;

    (iii)(A) An entire corporation, partnership, or other private 

organization, or an entire sole proprietorship--

    (1) If assistance is extended to such corporation, partnership, 

private organization, or sole proprietorship as a whole; or

    (2) Which is principally engaged in the business of providing 

education, health care, housing, social services, or parks and 

recreation; or

    (B) 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

    (iv) Any other entity that is established by two or more of the 

entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 

section.

    (2)(i) Program or activity does not include any operation of an 

entity that is controlled by a religious organization if the application 

of 20 U.S.C. 1681 to such operation would not be consistent with the 

religious tenets of such organization.

    (ii) For example, all of the operations of a college, university, or 

other postsecondary institution, including but not limited to 

traditional educational operations, faculty and student housing, campus 

shuttle bus service, campus restaurants, the bookstore, and other 

commercial activities are part of a ``program or activity'' subject to 

these Title IX regulations if the college, university, or other 

institution receives Federal financial assistance.

    (d)(1) Nothing in these Title IX regulations shall be construed to 

require or prohibit any person, or public or private entity, to provide 

or pay for any benefit or service, including the use of facilities, 

related to an abortion. Medical procedures, benefits, services, and the 

use of facilities, necessary to save the life of a pregnant woman or to 

address complications related to an abortion are not subject to this 

section.

    (2) Nothing in this section shall be construed to permit a penalty 

to be imposed on any person or individual because such person or 

individual is seeking or has received any benefit or service related to 

a legal abortion. Accordingly, subject to paragraph (d)(1) of this 

section, no person shall be excluded from participation in, be denied 

the benefits of, or be subjected to discrimination under any academic, 

extracurricular, research, occupational training, employment, or other 

educational program or activity operated by a recipient that receives 

Federal financial assistance because such individual has sought or 

received, or is seeking, a legal abortion, or any benefit or service 

related to a legal abortion.