[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: 34CFR110.3]



[Page 431-432]

 

                           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 A_General

 

Sec.  110.3  What definitions apply?



    The following definitions apply to these regulations: Act means the 

Age Discrimination Act of 1975, as amended (Title III of Pub. L. 94-

135).

    Action means any act, activity, policy, rule, standard, or method of 

administration, or the use of any policy, rule, standard, or method of 

administration.

    Age means how old a person is, or the number of years from the date 

of a person's birth.

    Age distinction means any action using age or an age-related term.

    Age-related term means a word or words that necessarily imply a 

particular age or range of ages (e.g., ``children,'' ``adult,'' ``older 

persons,'' but not ``student'' or ``grade'').

    Agency means a Federal department or agency that is empowered to 

extend financial assistance.

    Applicant for Federal financial assistance means one who submits an 

application, request, or plan required to be approved by a Department 

official or by a recipient as a condition to becoming a recipient or 

subrecipient.

    Department means the United States Department of Education.

    ED means the United States Department of Education.

    Federal financial assistance means any grant, entitlement, loan, 

cooperative agreement, contract (other than a procurement contract or a 

contract of insurance or guaranty), or any other arrangement by which ED 

provides or otherwise makes available assistance in the form of--

    (a) Funds;

    (b) Services of Federal personnel; or

    (c) Real and personal property or any interest in or use of 

property, including--

    (1) Transfers or leases of property for less than fair market value 

or for reduced consideration; and

    (2) Proceeds from a subsequent transfer or lease of property if the 

Federal share of its fair market value is not returned to the Federal 

Government.

    Program or activity means all of the operations of--

    (a)(1) A department, agency, special purpose district, or other 

instrumentality of a State or local government; or

    (2) The entity of a 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;

    (b)(1) A college, university, or other postsecondary institution, or 

a public system of higher education; or

    (2) A local educational agency (as defined in 20 U.S.C. 8801), 

system of vocational education, or other school system;

    (c)(1) An entire corporation, partnership, other private 

organization, or an entire sole proprietorship--

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

private organization, or sole proprietorship as a whole; or

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

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

recreation; or

    (2) 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

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

entities described in paragraph (a), (b), or (c) of this section; any 

part of which is extended Federal financial assistance.



(Authority: 42 U.S.C. 6107)

    Recipient means any State or its political subdivision, any 

instrumentality of a State or its political subdivision, any public or 

private agency,



[[Page 432]]



institution, organization, or other entity, or any person to which 

Federal financial assistance from ED is extended, directly or through 

another recipient. ``Recipient'' includes any successor, assignee, or 

transferee of a recipient, but excludes the ultimate beneficiary of the 

assistance.

    Secretary means the Secretary of Education, or his or her designee.

    Subrecipient means any of the entities in the definition of 

``recipient'' to which a recipient extends or passes on Federal 

financial assistance. A subrecipient is generally regarded as a 

recipient of Federal financial assistance and has all the duties of a 

recipient in these regulations.

    United States means the fifty States, the Commonwealth of Puerto 

Rico, the District of Columbia, Guam, the Virgin Islands, American 

Samoa, Wake Island, the Trust Territory of the Pacific Islands, the 

Commonwealth of the Northern Mariana Islands, and the territories and 

possessions of the United States.



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



[58 FR 40197, July 27, 1993, as amended at 65 FR 68056, Nov. 13, 2000]