[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: 34CFR110.12]



[Page 432-433]

 

                           TITLE 34--EDUCATION

 

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

 

PART 110_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

         Subpart B_Standards for Determining Age Discrimination

 

Sec.  110.12  Exceptions to the rules against age discrimination: Normal 

operation or statutory objective of any program or activity.



    A recipient is permitted to take an action otherwise prohibited by 

Sec.  110.10 if the action reasonably takes into account age as a factor 

necessary to the normal operation or the achievement of any statutory 

objective of a program or activity. An action reasonably takes into 

account age as a factor necessary to the normal operation or the 

achievement of any statutory objective of a program or activity, if--

    (a) Age is used as a measure or approximation of one or more other 

characteristics;

    (b) The other characteristic or characteristics must be measured or 

approximated in order for the normal operation of the program or 

activity to continue, or to achieve any statutory objective of the 

program or activity;

    (c) The other characteristic or characteristics can be reasonably 

measured or approximated by the use of age; and



[[Page 433]]



    (d) The other characteristic or characteristics are impractical to 

measure directly on an individual basis.



(Authority: 42 U.S.C. 6103)