[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR100.4]



[Page 339-341]

 

                           TITLE 34--EDUCATION

 

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

 

PART 100_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL 

RIGHTS ACT OF 1964--Table of Contents

 

Sec.  100.4  Assurances required.



    (a) General. (1) Every application for Federal financial assistance 

to which this part applies, except an application to which paragraph (b) 

of this section applies, and every application for Federal financial 

assistance to provide a facility shall, as a condition to its approval 

and the extension of any Federal financial assistance pursuant to the 

application, contain or be accompanied by an assurance that the program 

will be conducted or the facility operated in compliance with all 

requirements imposed by or pursuant to this part. In the case of an 

application for Federal financial assistance to provide real property or 

structures thereon, the assurance shall obligate the recipient, or, in 

the case of a subsequent transfer, the transferee, for the period during 

which the real property or structures are used for a purpose for which 

the Federal financial assistance is extended or for another purpose 

involving the provision of similar services or benefits. In the case of 

personal property the assurance shall obligate the recipient for the 

period during which he retains ownership or possession of the property. 

In all other cases the assurance shall obligate the recipient for the 

period during which Federal financial assistance is extended pursuant to 

the application. The responsible Department official shall specify the 

form of the foregoing assurances, and the extent to which like 

assurances will be required of subgrantees, contractors and 

subcontractors, transferees, successors in interest, and other



[[Page 340]]



participants. Any such assurance shall include provisions which give the 

United States a right to seek its judicial enforcement.

    (2) Where Federal financial assistance is provided in the form of a 

transfer of real property or interest therein from the Federal 

Government the instrument effecting or recording the transfer shall 

contain a covenant running with the land to assure nondiscrimination for 

the period during which the real property is used for a purpose for 

which the Federal financial assistance is extended or for another 

purpose involving the provision of similar services or benefits. Where 

no transfer of property is involved but property is improved with 

Federal financial assistance, the recipient shall agree to include such 

a covenant to any subsequent transfer of the property. Where the 

property is obtained from the Federal Government, such covenant may also 

include a condition coupled with a right to be reserved by the 

Department to revert title to the property in the event of a breach of 

the covenant where, in the discretion of the responsible Department 

official, such a condition and right of reverter is appropriate to the 

statute under which the real property is obtained and to the nature of 

the grant and the grantee. In the event a transferee of real property 

proposes to mortgage or otherwise encumber the real property as security 

for financing construction of new, or improvement of existing, 

facilities on such property for the purposes for which the property was 

transferred, the responsible Department official may agree, upon request 

of the transferee and if necessary to accomplish such financing, and 

upon such conditions as he deems appropriate, to forbear the exercise of 

such right to revert title for so long as the lien of such mortgage or 

other encumbrance remains effective.

    (b) Continuing Federal financial assistance. Every application by a 

State or a State agency for continuing Federal financial assistance to 

which this regulation applies (including the Federal financial 

assistance listed in part 2 of appendix A) shall as a condition to its 

approval and the extension of any Federal financial assistance pursuant 

to the application (1) contain or be accompanied by a statement that the 

program is (or, in the case of a new program, will be) conducted in 

compliance with all requirements imposed by or pursuant to this 

regulation, and (2) provide or be accompanied by provision for such 

methods of administration for the program as are found by the 

responsible Department official to give reasonable assurance that the 

applicant and all recipients of Federal financial assistance under such 

program will comply with all requirements imposed by or pursuant to this 

regulation.

    (c) Elementary and secondary schools. The requirements of paragraph 

(a) or (b) of this section with respect to any elementary or secondary 

school or school system shall be deemed to be satisfied if such school 

or school system (1) is subject to a final order of a court of the 

United States for the desegregation of such school or school system, and 

provides an assurance that it will comply with such order, including any 

future modification of such order, or (2) submits a plan for the 

desegregation of such school or school system which the responsible 

Department official determines is adequate to accomplish the purposes of 

the Act and this part, at the earliest practicable time, and provides 

reasonable assurance that it will carry out such plan; in any case of 

continuing Federal financial assistance the responsible Department 

official may reserve the right to redetermine, after such period as may 

be specified by him, the adequacy of the plan to accomplish the purposes 

of the Act and the regulations in this part. In any case in which a 

final order of a court of the United States for the desegregation of 

such school or school system is entered after submission of such a plan, 

such plan shall be revised to conform to such final order, including any 

future modification of such order.

    (d) Assurance from institutions. (1) In the case of any application 

for Federal financial assistance to an institution of higher education 

(including assistance for construction, for research, for special 

training project, for student loans



[[Page 341]]



or for any other purpose), the assurance required by this section shall 

extend to admission practices and to all other practices relating to the 

treatment of students.

    (2) The assurance required with respect to an institution of higher 

education, hospital, or any other institution, insofar as the assurance 

relates to the institution's practices with respect to admission or 

other treatment of individuals as students, patients, or clients of the 

institution or to the opportunity to participate in the provision of 

services or other benefits to such individuals, shall be applicable to 

the entire institution.



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

U.S.C. 2000d, 2000d-1. Sec. 182; 80 Stat. 1209; 42 U.S.C. 2000d-5)



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