[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: 34CFR106.36]



[Page 419]

 

                           TITLE 34--EDUCATION

 

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

 

PART 106_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec.  106.36  Counseling and use of appraisal and counseling materials.



    (a) Counseling. A recipient shall not discriminate against any 

person on the basis of sex in the counseling or guidance of students or 

applicants for admission.

    (b) Use of appraisal and counseling materials. A recipient which 

uses testing or other materials for appraising or counseling students 

shall not use different materials for students on the basis of their sex 

or use materials which permit or require different treatment of students 

on such basis unless such different materials cover the same occupations 

and interest areas and the use of such different materials is shown to 

be essential to eliminate sex bias. Recipients shall develop and use 

internal procedures for ensuring that such materials do not discriminate 

on the basis of sex. Where the use of a counseling test or other 

instrument results in a substantially disproportionate number of members 

of one sex in any particular course of study or classification, the 

recipient shall take such action as is necessary to assure itself that 

such disproportion is not the result of discrimination in the instrument 

or its application.

    (c) Disproportion in classes. Where a recipient finds that a 

particular class contains a substantially disproportionate number of 

individuals of one sex, the recipient shall take such action as is 

necessary to assure itself that such disproportion is not the result of 

discrimination on the basis of sex in counseling or appraisal materials 

or by counselors.



(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 

374; 20 U.S.C. 1681, 1682)