[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: 34CFR76.52]



[Page 165-166]

 

                           TITLE 34--EDUCATION

 

PART 76_STATE-ADMINISTERED PROGRAMS--Table of Contents

 

                            Subpart A_General

 

Sec.  76.52  Eligibility of faith-based organizations for a subgrant.



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

receive a subgrant 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 subgrantees, States 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.  76.532 apply to a faith-based 

organization that receives a subgrant from a State under a State-

administered 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 subgrant from a State under a State-

administered program of the Department, and participation in any such 

inherently religious activities by beneficiaries of the programs 

supported by the subgrant must be voluntary.

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

subgrant from a State under a State-administered 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 subgrant from a State 

under a State-administered 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 State or subgrantee contributes its own funds in excess of 

those funds required by a matching or grant agreement to supplement 

Federally funded activities, the State or subgrantee has the option to 

segregate those additional funds or commingle them with the funds 

required by the matching requirements or grant agreement. However, if 

the additional funds



[[Page 166]]



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, 3474, and 6511(a))





(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))



[45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, 

as amended at 69 FR 31711, June 4, 2004]