[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: 34CFR75.52]



[Page 133-134]

 

                           TITLE 34--EDUCATION

 

PART 75_DIRECT GRANT PROGRAMS--Table of Contents

 

                            Subpart A_General

 

Sec.  75.52  Eligibility of faith-based organizations for a grant.



    (a)(1) A faith-based organization is eligible to apply for and to 

receive a grant under a program of the Department on the same basis as 

any other private organization, with respect to programs for which such 

other organizations are eligible.

    (2) In the selection of grantees, the Department shall not 

discriminate for or against a private organization on the basis of the 

organization's religious character or affiliation.

    (b) The provisions of Sec.  75.532 apply to a faith-based 

organization that receives a grant under a program of the Department.

    (c) A private organization that engages in inherently religious 

activities, such as religious worship, instruction, or proselytization, 

must offer those services separately in time or location from any 

programs or services supported by a grant from the Department, and 

participation in any such inherently religious activities by 

beneficiaries of the programs supported by the grant must be voluntary.

    (d)(1) A faith-based organization that applies for or receives a 

grant under a program of the Department may retain its independence, 

autonomy, right of expression, religious character, and authority over 

its governance.

    (2) A faith-based organization may, among other things--

    (i) Retain religious terms in its name;

    (ii) Continue to carry out its mission, including the definition, 

development, practice, and expression of its religious beliefs;

    (iii) Use its facilities to provide services without removing or 

altering religious art, icons, scriptures, or other symbols from these 

facilities;

    (iv) Select its board members and otherwise govern itself on a 

religious basis; and

    (v) Include religious references in its mission statement and other 

chartering or governing documents.

    (e) A private organization that receives a grant under a program of 

the Department shall not discriminate against a beneficiary or 

prospective beneficiary in the provision of program services on the 

basis of religion or religious belief.

    (f) If a grantee contributes its own funds in excess of those funds 

required by a matching or grant agreement to supplement federally funded 

activities, the grantee has the option to segregate those additional 

funds or commingle



[[Page 134]]



them with the funds required by the matching requirements or grant 

agreement. However, if the additional funds are commingled, this section 

applies to all of the commingled funds.

    (g) A religious organization's exemption from the Federal 

prohibition on employment discrimination on the basis of religion, in 

section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is 

not forfeited when the organization receives financial assistance from 

the Department.





(Authority: 20 U.S.C. 1221e-3 and 3474)





(Authority: 20 U.S.C. 1221e-3 and 3474)



[69 FR 31710, June 4, 2004]



       Ineligibility of Certain Individuals To Receive Assistance



    Source: Sections 75.60 through 75.62 appear at 57 FR 30337, July 8, 

1992, unless otherwise noted.