[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR86.17]



[Page 408]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 86_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                           Subpart B_Coverage

 

Sec.  86.17  Transition plans.



    (a) Submission of plans. An institution to which Sec.  86.16 applies 

and which is composed of more than one administratively separate unit 

may submit either a single transition plan applicable to all such units, 

or a separate transition plan applicable to each such unit.

    (b) Content of plans. In order to be approved by the United States 

Commissioner of Education, a transition plan shall:

    (1) State the name, address, and Federal Interagency Committee on 

Education (FICE) Code of the educational institution submitting such 

plan, the administratively separate units to which the plan is 

applicable, and the name, address, and telephone number of the person to 

whom questions concerning the plan may be addressed. The person who 

submits the plan shall be the chief administrator or president of the 

institution, or another individual legally authorized to bind the 

institution to all actions set forth in the plan.

    (2) State whether the educational institution or administratively 

separate unit admits students of both sexes, as regular students and, if 

so, when it began to do so.

    (3) Identify and describe with respect to the educational 

institution or administratively separate unit any obstacles to admitting 

students without discrimination on the basis of sex.

    (4) Describe in detail the steps necessary to eliminate as soon as 

practicable each obstacle so identified and indicate the schedule for 

taking these steps and the individual directly responsible for their 

implementation.

    (5) Include estimates of the number of students, by sex, expected to 

apply for, be admitted to, and enter each class during the period 

covered by the plan.

    (c) Nondiscrimination. No policy or practice of a recipient to which 

Sec.  86.16 applies shall result in treatment of applicants to or 

students of such recipient in violation of Subpart C unless such 

treatment is necessitated by an obstacle identified in paragraph (b)(3) 

of this section and a schedule for eliminating that obstacle has been 

provided as required by paragraph (b)(4) of this section.

    (d) Effects of past exclusion. To overcome the effects of past 

exclusion of students on the basis of sex, each educational institution 

to which Sec.  86.16 applies shall include in its transition plan, and 

shall implement, specific steps designed to encourage individuals of the 

previously excluded sex to apply for admission to such institution. Such 

steps shall include instituting recruitment programs which emphasize the 

institution's commitment to enrolling students of the sex previously 

excluded.



(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 

U.S.C. 1681, 1682)



[40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975]