[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Rules and Regulations]
[Pages 68050-68057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28599]



[[Page 68049]]

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Part IV





Department of Education





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34 CFR Parts 100, 104, 106, and 110



Conforming Amendments to the Regulations Governing Nondiscrimination on 
the Basis of Race, Color, National Origin, Disability, Sex, and Age 
Under the Civil Rights Restoration Act of 1987; Final Rule

  Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / 
Rules and Regulations  

[[Page 68050]]


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DEPARTMENT OF EDUCATION

34 CFR Parts 100, 104, 106, and 110

RIN 1870-AA10


Conforming Amendments to the Regulations Governing 
Nondiscrimination on the Basis of Race, Color, National Origin, 
Disability, Sex, and Age Under the Civil Rights Restoration Act of 1987

AGENCY: Office for Civil Rights, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the regulations governing 
nondiscrimination on the basis of race, color, national origin, sex, 
handicap, and age to conform with statutory amendments made by the 
Civil Rights Restoration Act of 1987 (CRRA). These amendments add a 
definition of ``program or activity'' or ``program'' that adopts the 
statutory definition of ``program or activity'' or ``program'' enacted 
as part of the CRRA.

DATES: These regulations are effective December 13, 2000.

ADDRESSES: After December 13, 2000, a complete version of the revised 
regulations will be available on request from OCR's Customer Service 
Team listed in FOR FURTHER INFORMATION CONTACT and will be available on 
the Internet at the following site: http://www.ed.gov/ocr/regs

FOR FURTHER INFORMATION CONTACT: Jeanette J. Lim, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5036 MES, Washington, DC 
20202-1100. Telephone: (202) 205-5557. If you use a telecommunications 
device for the deaf (TDD), you may call the TDD number at (202) 260-
0471.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to OCR's Customer Service Team at (202) 205-5557 
or toll-free at 1-800-421-3481.

SUPPLEMENTARY INFORMATION: On May 5, 2000, we published a notice of 
proposed rulemaking (NPRM) in the Federal Register (65 FR 26464) 
proposing to amend the regulations governing nondiscrimination on the 
basis of race, color, national origin, sex, handicap, and age to 
conform with the CRRA.
    We are amending these civil rights regulations to conform to 
provisions of the CRRA regarding the scope of coverage under civil 
rights statutes administered by the Department of Education (Department 
or ED). These statutes include Title VI of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000d, et seq. (Title VI), Title IX of the 
Education Amendments of 1972, 20 U.S.C. 1681 et seq., (Title IX), 
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 
794 (Section 504), and the Age Discrimination Act of 1975, 42 U.S.C. 
6101, et seq. (Age Discrimination Act). Title VI prohibits 
discrimination on the basis of race, color, and national origin in all 
programs or activities that receive Federal financial assistance; Title 
IX prohibits discrimination on the basis of sex in education programs 
or activities that receive Federal financial assistance; Section 504 
prohibits discrimination on the basis of disability in all programs or 
activities that receive Federal financial assistance; and the Age 
Discrimination Act generally prohibits discrimination on the basis of 
age in all programs or activities that receive Federal financial 
assistance.
    The conforming change amends each of these regulations to add a 
definition of ``program or activity'' or ``program'' that adopts the 
statutory definition of ``program or activity'' or ``program'' enacted 
as part of the CRRA. We believe that adding this statutory definition 
to the regulatory language is the best way to avoid confusion on the 
part of recipients, students, parents, and other interested parties 
about the scope of civil rights coverage. These amendments also conform 
in this regard to the final Title IX regulations for 24 Federal 
agencies published on August 30, 2000 (65 FR 52858). That common rule 
incorporated the statutory definitions of ``program or activity'' or 
``program'' enacted as part of the CRRA.
    The Department's civil rights regulations, when originally issued 
and implemented, were interpreted by the Department to mean that 
acceptance of Federal assistance by a school resulted in broad 
institutional coverage. In Grove City College v. Bell 465 U.S. 555 
(1984) (Grove City College), the Supreme Court held, in a Title IX 
case, that if the Department provided student financial assistance to a 
college, the Department had jurisdiction to ensure Title IX compliance 
in the specific program receiving or benefiting from the assistance, in 
this case, the student financial aid program, but that the Federal 
student financial assistance would not provide jurisdiction over the 
entire institution. Following the Supreme Court's decision in Grove 
City College, the Department did change its interpretation, but not the 
language, of these regulations to be consistent with the Court's 
restrictive, ``program specific'' definition of ``program or activity'' 
or ``program.'' Since Title IX was patterned after Title VI, Grove City 
College significantly narrowed the scope of jurisdiction of Title VI 
and two other statutes based on it: the Age Discrimination Act and 
Section 504. See S. Rep. No. 100-64, 100th Cong., 1st Sess. 2-3, 11-16 
(1987).
    Then, in 1988, the CRRA was enacted to ``restore the prior 
consistent and long-standing executive branch interpretation and broad, 
institution-wide application of those laws as previously administered'' 
(20 U.S.C. 1687 note 1.) Congress enacted the CRRA in order to remedy 
what it perceived to be a serious narrowing by the Supreme Court of a 
longstanding administrative interpretation of the coverage of the 
regulations. At that time, the Department reinstated its broad 
interpretation to be consistent with the CRRA, again without changing 
the language of the regulations. It was and remains the Department's 
consistent interpretation that--with regard to the differences between 
the interpretation of the regulations given by the Supreme Court in 
Grove City College and the language of the CRRA--the CRRA, which took 
effect upon enactment, superseded the Grove City College decision and, 
therefore, the regulations must be read in conformity with the CRRA.
    This interpretation reflects the understanding of Congress, as 
expressed in the legislative history of the CRRA, that the statutory 
definition of ``program or activity'' or ``program'' would take effect 
immediately, by its own force, without the need for Federal agencies to 
amend their existing regulations (S. Rep. No. 100-64 at 32). The 
legislative history also evidences congressional concern about the 
Department's immediate need to address complaints and findings of 
discrimination in federally assisted schools under the CRRA definition 
of ``program or activity,'' citing examples to demonstrate why the CRRA 
was ``urgently'' needed (S. Rep. No. 100-64 at 11-16).
    These regulatory amendments eliminate an issue recently raised by 
the Third Circuit Court of Appeals in Cureton v. NCAA, 198 F. 3d 107 
(1999) (Cureton). That court determined that, because the Department 
did not amend its Title VI regulations after the CRRA amended Title VI, 
application of the Department's Title VI regulations to disparate 
impact discrimination claims is ``program specific'' (i.e., limited to 
specific programs in an institution affected by the Federal funds), 
rather than institution-wide (i.e., applicable to all of the operations 
of the institution regardless of the use of the Federal

[[Page 68051]]

funds). The Department disagrees with the Cureton decision for the 
reasons described in this preamble. That decision would thwart clearly 
expressed congressional intent. In any event, the regulatory changes 
address the concerns raised by the Third Circuit in that the 
regulations track the statutory language and apply to both disparate 
impact discrimination and different treatment discrimination. 
(``Different treatment,'' i.e., intentional discrimination, refers to 
policies or practices that treat individuals differently based on their 
race, color, national origin, sex, disability, or age, as applicable. 
That different treatment is generally barred by the civil rights 
statutes and regulations. ``Disparate impact'' refers to criteria or 
methods of administration that have a significant disparate effect on 
individuals based on race, color, national origin, sex, disability, or 
age, as applicable. Those criteria or practices may constitute 
impermissible discrimination based on legal standards that include 
consideration of their educational necessity.)
    The statutory definition, which is now incorporated into the 
regulations, addresses four broad categories of recipients: (1) State 
or local governmental entities. (2) Colleges, universities, other 
postsecondary educational institutions, public systems of higher 
education, local educational agencies (LEAs), systems of vocational 
education, and other school systems. (3) Private entities, such as 
corporations, partnerships, and sole proprietorships, including those 
whose principal business is providing education. (4) Entities that are 
established by a combination of two or more of the first three types of 
entities.
    Under the first part of the definition, if State and local 
governmental entities receive financial assistance from the Department, 
the ``program or activity'' or ``program'' in which discrimination is 
prohibited includes all of the operations of any State or local 
department or agency to which the Federal assistance is extended. For 
example, if the Department provides financial assistance to a State 
educational agency, all of the agency's operations are subject to the 
nondiscrimination requirements of the regulations. In addition, 
``program or activity'' or ``program'' also includes all of the 
operations of the entity of a State or local government that 
distributes the Federal assistance to another State or local 
governmental agency or department and all of the operations of the 
State or local governmental entity to which the financial assistance is 
extended. For example, if the Department provides financial assistance 
under Title I of the Elementary and Secondary Education Act to a State 
educational agency and the State educational agency distributes the 
financial assistance to a local educational agency, then all of the 
operations of the State educational agency are subject to the 
nondiscrimination requirements of the regulations, and all of the 
operations of the local educational agency are covered.
    Under the second part of the definition of ``program or activity'' 
or ``program,'' if colleges, universities, other postsecondary 
institutions, public systems of higher education, local educational 
agencies, systems of vocational education, or other public or private 
schools or school systems receive financial assistance from the 
Department, all of their operations are subject to the 
nondiscrimination requirements of the regulations. For example, if a 
public school district receives funds from the Department under the 
Safe and Drug Free Schools and Communities Act, the entire school 
district is covered, not just the district's Safe and Drug Free Schools 
and Communities component. Additionally, for example, if a college or 
university receives student financial assistance from the Department, 
all of the operations of the college or university are covered, not 
solely the operations of the student financial assistance office. In 
addition, the legislative history of the CRRA made it clear that ``all 
of the operations'' was not limited to traditional educational 
operations, but was intended to include other benefits and services of 
the educational institution, such as faculty and student housing, 
campus shuttle bus services, and commercial activities, such as 
cafeterias and bookstores.
    Under the third part of the definition, in the case of private 
entities not already listed under the second part of the definition, if 
the federally assisted entity or organization is principally engaged in 
the business of education (or health care, housing, social services, or 
parks and recreation), then the entire corporation, partnership, or 
other private organization or sole proprietorship is the covered 
``program or activity'' or ``program.'' For example, if an individual 
elementary or secondary school that is neither part of an LEA nor part 
of an assisted private ``school system'' receives financial assistance 
from the Department, the school will be covered on an institution-wide 
basis under this portion of the definition of ``program or activity'' 
or ``program'' because it is an entity principally engaged in the 
business of providing education. For example, if a proprietary trade 
school receives student financial assistance from the Department, all 
of its operations are covered by the nondiscrimination requirements of 
the regulations.
    Also under the third part of the definition, if a private entity is 
not principally engaged in the business of education (or health care, 
housing, social services, or parks and recreation) and the Department 
extends financial assistance to the private entity ``as a whole,'' all 
of the private entity's operations at all of its locations would be 
covered. If the Department were to extend general assistance, that is, 
assistance that is not designated for a particular purpose, to this 
type of corporation or other private entity, that would be considered 
financial assistance to the private entity ``as a whole.'' In other 
instances in which the geographically separate facility receives 
assistance under the third part of this definition, the coverage would 
be limited to the geographically separate facility that receives the 
assistance.
    Under the fourth part of the definition, if an entity of a type not 
already covered by one of the first three parts of the definition is 
established by two or more of the entities listed under the first three 
parts of the definition, then all of the operations of that new entity 
are covered. Under the illustrative example in the legislative history, 
a public school district (an entity listed under the second part of the 
definition) and a private corporation (an entity listed under the third 
part of the definition) may establish a new company, which is a public-
private partnership designed to provide remediation, training, and 
employment to high school students who are at risk of dropping out of 
school. If the new company applied for and received financial 
assistance from the Department, then, as an entity listed under the 
fourth part of the definition, all of its operations would be covered, 
even if the assistance from the Department were only to one division or 
component of the new company.
    The regulatory changes also modify or delete some sections of the 
Department regulations that have become superfluous following the CRRA 
enactment, to conform with the CRRA definitions of ``program or 
activity'' or ``program.'' These regulatory changes do not change the 
requirements of the existing regulations. This is consistent with the 
approach in the Title IX common rule. As explained in the preamble to 
the NPRM for the Title IX common rule, that regulatory language in ED's 
Title IX regulations made

[[Page 68052]]

superfluous by the enactment of the CRRA was omitted in that rule (64 
FR 58571).
    The Department's Title IX regulations, promulgated in 1975 by the 
Department of Health, Education, and Welfare in 49 FR 24128 and adopted 
by the Department of Education upon its establishment in 1980, 45 FR 
30955, defined ``recipient'' as an entity ``to whom Federal financial 
assistance is extended directly or through another recipient and that 
operates an education program or activity that receives or benefits 
from such assistance.'' At that time, the words ``or benefits from'' 
were necessary to clarify that all of the operations of a university or 
other educational institution that receives Federal funds--not just the 
particular programs receiving financial assistance--are covered by 
Title IX's nondiscrimination requirements. As previously discussed, 
this interpretation was rejected by the Supreme Court in 1984 in Grove 
City College, which held that Federal student financial aid established 
Title IX jurisdiction only over the financial aid program, not the 
entire institution. However, Congress' 1988 enactment of the CRRA 
counteracted this decision by defining ``program or activity'' and 
``program'' to provide expressly that Title IX covers all educational 
programs of a recipient institution. Because of this statutory change, 
the words ``or benefits from'' are no longer necessary as a regulatory 
matter, and we deleted them. For the same reason, we deleted the words 
``or benefits from'' from the Section 504 regulations. These deletions 
do not affect the reach of Title IX or Section 504.
    The Department of Education's Title VI regulations, promulgated in 
1964 by the Department of Health, Education, and Welfare in 29 FR 16298 
and 29 FR 16988 and in 1965 in 30 FR 16988, and adopted by the 
Department of Education upon its establishment in 1980, (45 FR 30918), 
previously included an assurance requirement for institutions in 
Sec. 100.4(d)(2) that created confusion with regard to the scope of 
``program or activity'' and ``program'' under Title VI. One example is 
the previously referenced decision in Cureton. The regulatory provision 
previously stated, in part, ``The assurance * * * shall be applicable 
to the entire institution unless the applicant establishes, to the 
satisfaction of the responsible Department official, that the 
institution's practices in designated parts or programs of the 
institution will in no way affect its practices in the program of the 
institution for which Federal financial assistance is sought *-*-*.'' 
We have deleted that portion of the assurance that begins with the word 
``unless'' to avoid any further confusion. As previously stated, it was 
appropriate to apply the CRRA statutory definition of ``program or 
activity'' to the regulations. For the same reasons, we have deleted 
portions of the illustrations in Sec. 100.5(b) and (d), since they 
could create similar confusion. Specifically, in Sec. 100.5(b), we 
deleted the language that states that, with regard to university 
graduate research, training, demonstration, or other grants, the 
prohibition extends to the entire university ``unless it satisfies the 
responsible Department official that practices with respect to other 
parts or programs of the university will not interfere, directly or 
indirectly, with fulfillment of the assurance required with respect to 
the graduate school.'' Similarly, in Sec. 100.5(d), we deleted the 
language that states that ``In construction grants the assurances 
required will be adapted to the nature of the activities to be 
conducted in the facilities for construction of which the grants have 
been authorized by Congress.'' These deletions do not affect the reach 
of Title VI.
    In addition, we deleted references to ``program'' or ``program or 
activity'' in the regulations that do not refer to the CRRA broad 
definition of that phrase, in order to eliminate potential confusion in 
the use of these terms and to continue the longstanding Department 
interpretation of the statutes and regulations. For example, in some 
instances, we deleted ``program'' or ``program or activity'' and 
substituted ``Federal financial assistance'' or ``aid, benefits, or 
services.'' In others, we changed ``programs and activities'' to 
``programs or activities'' or ``program or activity'' to conform the 
regulations to the phrase used in the CRRA--when it is used in the 
broad manner defined in the CRRA. We did not modify the term 
``activity'' when it appears separately from the phrase ``program or 
activity'' and is used in a manner unrelated to the CRRA phrase 
``program or activity.''
    These final regulations use the plural terms ``programs'' and 
``programs or activities'' to refer generally to multiple programs or 
activities operated by multiple recipients. The singular terms 
``program'' or ``program or activity'' are used in all other instances. 
We have chosen to use the singular in all of those cases because, under 
the CRRA and these regulations, virtually all of our recipients, such 
as institutions of higher education, will have only one ``program'' or 
``program or activity'' encompassing all of the recipient's operations. 
In addition, since the use of the singular may be interpreted to 
encompass the plural, these regulations typically use the singular even 
though in certain cases we may fund a recipient that operates more than 
one program or activity that receives Federal financial assistance 
(such as when an individual recipient corporation has multiple plants, 
each of which is a separate program or activity). Similar regulations 
of other Federal agencies may use the plural form of these terms more 
frequently as they may tend to fund a greater number of recipients that 
operate more than one program or activity. Use of the singular or 
plural forms of these terms should not be interpreted to imply any 
legal difference in the intended scope of coverage.
    It is important to note that these changes do not in any way alter 
the requirement of the CRRA that a proposed or effectuated fund 
termination be limited to the particular program or programs ``or part 
thereof'' that discriminates or, as appropriate, to all of the programs 
that are infected by the discriminatory practices. See S. Rep. No. 100-
64, at 20, (``The [CRRA] defines 'program' in the same manner as 
`program or activity,' and leaves intact the `or part thereof' 
pinpointing language.'').
    We replaced the current definition of ``program'' in 34 CFR 100.13 
with the definition of ``program or activity'' and ``program.'' We 
added the definition of ``program or activity'' and ``program'' to 34 
CFR 106.2. We added the definition of ``program or activity'' to 34 CFR 
104.3 and to 34 CFR 110.3. Conforming changes to the nonregulatory 
guidance in Appendix B of Part 100, Appendix A of Part 104, and 
Appendix A of Part 106 will be published in the Federal Register in a 
separate notice. Nothing in these changes affects coverage under the 
Federal employment nondiscrimination statutes, including Title VII of 
the Civil Rights Act of 1964, Title I of the Americans with 
Disabilities Act, and the Age Discrimination in Employment Act.
    Except for minor editorial and technical revisions, there are no 
differences between the NPRM and these final regulations.

Analysis of Comments and Changes

    In the NPRM, we invited comments on the proposed regulations. We 
did not receive any comments. However, we have reviewed the 
regulations, in consultation with the Department of Justice, since 
publication of the NPRM and have made minor editorial and technical 
changes.

[[Page 68053]]

Executive Order 12866

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the final regulations are those 
resulting from statutory requirements and those we have determined to 
be necessary for administering these programs effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these final regulations, we have determined that 
there probably will be no cost impacts because these final regulations 
merely clarify longstanding Department policy and do not change the 
Department's practices in addressing issues of discrimination.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    We summarized the potential costs and benefits of these final 
regulations in the preamble to the NPRM (65 FR 26467).

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Assessment of Educational Impact

    In the NPRM we requested comments on whether the proposed 
regulations would require transmission of information that any other 
agency or authority of the United States gathers or makes available.
    Based on the response to the NPRM and on our review, we have 
determined that these final regulations do not require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

After December 13, 2000, you may view a complete version of the revised 
regulations in text or PDF on the Internet at the following site: 
http://www.ed.gov/ocr/regs
    To use the PDF you must have Adobe Acrobat Reader, which is 
available free at either of the first two sites listed in this section. 
If you have questions about using the PDF, call the U.S. Government 
Printing Office (GPO), toll free, at 1-888-293-6498; or in the 
Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html

List of Subjects

34 CFR Part 100

    Administrative practice and procedure, Civil rights.

34 CFR Part 104

    Civil Rights, Equal educational opportunity, Equal employment 
opportunity, Individuals with disabilities.

34 CFR Part 106

    Education, Sex discrimination.

34 CFR Part 110

    Administrative practice and procedure, Aged, Civil rights, Grant 
programs--education, Loan programs--education.

    Dated: September 1, 2000.
Richard W. Riley,
Secretary of Education.

    For the reasons discussed in the preamble, the Secretary amends 
parts 100, 104, 106, and 110 of title 34 of the Code of Federal 
Regulations as follows:

PART 100--NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL 
ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF 
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1, unless 
otherwise noted.


Sec. 100.2  [Amended]

    2. Section 100.2 is amended by--
    A. Removing the words ``program for which'' and adding, in their 
place, ``program to which'' in the introductory text;
    B. Removing the words ``assisted programs and activities'' and 
adding, in their place, ``financial assistance'' in the introductory 
text;
    C. Removing the words ``under any such program'' in paragraph (c); 
and
    D. Removing the words ``, under any such program'' in paragraph 
(d).


Sec. 100.3  [Amended]

    3. Section 100.3(d) is amended by removing the words ``the benefits 
of a program'', and adding, in their place, the word ``benefits''.


Sec. 100.4  [Amended]

    4. Section 100.4 is amended as follows--
    A. Removing the words ``to carry out a program'' in the first 
sentence of paragraph (a)(1);
    B. Removing the words ``except a program'' and adding, in their 
place, the words ``except an application'' in the first sentence of 
paragraph (a)(1);
    C. Removing the words ``for each program'' and the words ``in the 
program'' in the fifth sentence of paragraph (a)(1);
    D. Removing the words ``State programs'' and adding, in their 
place, the words ``Federal financial assistance'' in the heading of 
paragraph (b);
    E. Removing the words ``to carry out a program involving'' and 
adding, in their place, the word ``for'' in the introductory text of 
paragraph (b); and
    F. Revising paragraph (d)(2).
    The revision reads as follows:


Sec. 100.4  Assurances required.

* * * * *
    (d) * * *
    (2) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution.
* * * * *

    5. Section 100.5 is amended as follows--
    A. Revising paragraph (b); and
    B. Removing the last sentence of paragraph (d).
    The revision reads as follows:


Sec. 100.5  Illustrative application.

* * * * *
    (b) In a research, training, demonstration, or other grant to a 
university for activities to be conducted in a graduate school, 
discrimination in the admission and treatment of students in the 
graduate school is prohibited, and the prohibition extends to the 
entire university.
* * * * *


Sec. 100.6  [Amended]

    6. Section 100.6(b) is amended by removing the words ``of any 
program under'' in the last sentence and adding, in their place, the 
word ``in''.

[[Page 68054]]

Sec. 100.9  [Amended]

    7. Section 100.9(e) is amended by removing the word ``programs'' in 
the first sentence and adding, in its place, the words ``Federal 
assistance statutes''.

    8. Section 100.13 is amended by--
    A. Removing ``for any program,'' and ``under any such program'' in 
paragraph (i);
    B. Removing ``for the purpose of carrying out a program'' in 
paragraph (j);
    C. Revising paragraph (g); and
    D. Adding an authority citation following paragraph (g).
    The revision and addition read as follows:


Sec. 100.13  Definitions.

* * * * *
    (g) The term program or activity and the term program mean all of 
the operations of--
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such 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;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) 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
    (4) Any other entity that is established by two or more of the 
entities described in paragraph (g)(1), (2), or (3) of this section; 
any part of which is extended Federal financial assistance.

(Authority: 42 U.S.C. 2000d-4)
* * * * *

    9. Appendix A to part 100 is amended by revising the heading of 
part 1 and the heading of part 2 to read as follows:

APPENDIX A TO PART 100--FEDERAL FINANCIAL ASSISTANCE TO WHICH THESE 
REGULATIONS APPLY

Part 1--Assistance Other Than Continuing Assistance to States

* * * * *

Part 2--Continuing Assistance to States

* * * * *

PART 104--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

    10. The heading for part 104 is revised to read as set forth above.

    11. The authority citation for part 104 continues to read as 
follows:

    Authority: 20 U.S.C. 1405; 29 U.S.C. 794.


Sec. 104.2  [Amended]

    12. Section 104.2 is amended by removing the word ``each'' before 
the words ``program or activity'' and adding, in its place, the word 
``the''; and by removing the words ``or benefits from''.

    13. Section 104.3 is amended by redesignating paragraphs (k) and 
(l) as paragraphs (l) and (m), respectively; adding a new paragraph 
(k); and adding an authority citation following paragraph (k) to read 
as follows:


Sec. 104.3  Definitions.

* * * * *
    (k) Program or activity means all of the operations of--
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such 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;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) 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
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (k)(1), (2), or (3) of this section; 
any part of which is extended Federal financial assistance.

(Authority: 29 U.S.C. 794(b))
* * * * *


Sec. 104.4  [Amended]

    14. Section 104.4 is amended by--
    A. Removing the words ``or benefits from'' in paragraphs (a) and 
(b)(5);
    B. Removing the words ``programs or activities'' wherever they 
appear in paragraph (b)(3), and adding, in their place, ``aid, 
benefits, or services'';
    C. Removing the words ``or benefiting from'' in paragraph (b)(6); 
and
    D. In paragraph (c), removing the word ``Programs'' in the heading 
and adding, in its place, the words ``Aid, benefits, or services''; 
removing the words ``from the benefits of a program'' and adding, in 
their place, the words ``from aid, benefits, or services'', and 
removing the words ``from a program'' and adding, in their place, the 
words ``from aid, benefits, or services''.


Secs. 104.4, 104.6, 104.12, 104.32, 104.33, 104.36  [Amended]

    15. Remove the word ``program'' and add, in its place, the words 
``program or activity'' in the following sections:
    A. Section 104.4(b)(1)(v);
    B. Section 104.4(b)(4);
    C. Section 104.6(a)(3), wherever it appears;
    D. Section 104.12(a), (c) introductory text, and (c)(1);
    E. Section 104.32 introductory text;
    F. Section 104.33(a); and
    G. Section 104.36.


Sec. 104.5  [Amended]

    16. Section 104.5(a) is amended in the first sentence by removing 
the words ``for a program or activity'' and by removing the words ``the 
program'' and adding, in their place, the words ``the program or 
activity''.


Sec. 104.8  [Amended]

    17. Section 104.8(a) is amended by removing the words ``programs 
and

[[Page 68055]]

activities'' in the second sentence and adding, in their place, the 
words ``program or activity''.


Sec. 104.11  [Amended]

    18. Section 104.11 is amended by--
    A. Removing the words ``programs assisted'' and adding, in their 
place, the words ``programs or activities assisted'' in paragraph 
(a)(2);
    B. Removing the word ``programs'' and revising ``apprenticeship'' 
to read ``apprenticeships'' in the last sentence of paragraph (a)(4); 
and
    C. Removing the word ``programs'' and adding the words ``those that 
are'' before ``social or recreational'' in paragraph (b)(8).

Subpart C of Part 104--[Amended]

    19. The heading of subpart C is amended by removing the word 
``Program''.


Sec. 104.22  [Amended]

    20. Section 104.22 is amended by--
    A. Removing in paragraph (a) the words ``Program accessibility'' in 
the heading and adding, in their place, the word ``Accessibility'' and 
removing the words ``each program or activity to which this part 
applies so that the program or activity, when viewed in its entirety,'' 
in the first sentence and adding, in their place, the words ``its 
program or activity so that when each part is viewed in its entirety, 
it'';
    B. Removing the words ``offer programs and activities to'' in the 
last sentence and adding, in their place, the word ``serve'' in 
paragraph (b); and
    C. Removing the word ``program'' and adding ``in order to comply 
with paragraph (a) of this section'' after the word ``accessibility'' 
in paragraph (e)(3).


Sec. 104.31  [Amended]

    21. Section 104.31 is amended by removing the words ``or benefit 
from'' wherever they appear; and by removing the words ``programs and 
activities'' and adding, in their place, the words ``programs or 
activities''.


Sec. 104.33  [Amended]

    22. Section 104.33 is amended by--
    A. Removing the words ``individualized education program'' and 
adding, in their place, the words ``Individualized Education Program'' 
in paragraph (b)(2);
    B. Removing the words ``in or refer such person to a program other 
than the one that it operates'' and adding, in their place, the words 
``or refer such a person for aid, benefits, or services other than 
those that it operates or provides'' in the first sentence in paragraph 
(b)(3);
    C. Removing the words ``in or refers such person to a program not 
operated'' in the second sentence of paragraph (c)(1), and adding, in 
their place, the words ``or refers such person for aid, benefits, or 
services not operated or provided'';
    D. Removing the words ``of the program'' in the second sentence of 
paragraph (c)(1) and adding, in their place, the words ``of the aid, 
benefits, or services'';
    E. Removing the words ``in or refers such person to a program not 
operated'' in paragraph (c)(2), and adding, in their place, the words 
``or refers such person for aid, benefits, or services not operated or 
provided'';
    F. Removing the words ``from the program'' in paragraph (c)(2), and 
adding, in their place, the words ``from the aid, benefits, or 
services'';
    G. Removing the words ``in the program'' in paragraph (c)(2), and 
adding, in their place, the words ``in the aid, benefits, or 
services'';
    H. Removing the words ``If placement in a public or private 
residential program'' and adding, in their place, the words ``If a 
public or private residential placement'' in paragraph (c)(3); and 
removing the words ``the program'', and adding, in their place, the 
words ``the placement''; and
    I. Removing the words ``such a program'' in the last sentence in 
paragraph (c)(4), and adding, in their place, the words ``a free 
appropriate public education''.


Sec. 104.35  [Amended]

    23. Section 104.35(a) is amended by removing the words ``program 
shall'' and adding, in their place, the words ``program or activity 
shall''; removing the word ``a'' before the word ``regular''; and 
removing the word ``program'' before the word ``and''.


Sec. 104.37  [Amended]

    24. Section 104.37(c)(1) is amended by removing the words 
``programs and activities'' in the first sentence and adding, in their 
place, the words ``aid, benefits, or services''; and by removing the 
words ``in these activities'' in the last sentence.


    25. Section 104.38 is revised to read as follows:


Sec. 104.38  Preschool and adult education.

    A recipient to which this subpart applies that provides preschool 
education or day care or adult education may not, on the basis of 
handicap, exclude qualified handicapped persons and shall take into 
account the needs of such persons in determining the aid, benefits or 
services to be provided.


Sec. 104.39  [Amended]

    26. Section 104.39 is amended by--
    A. Removing the word ``programs'' in the section heading;
    B. Removing the words ``operates a'' and adding, in their place, 
the word ``provides'' in paragraph (a);
    C. Removing the word ``program'' after the word ``education'' in 
paragraph (a);
    D. Removing the words ``from such program'' in paragraph (a);
    E. Removing the words ``the recipient's program'' in paragraph (a), 
and adding, in their place, the words ``that recipient's program or 
activity''; and
    F. Removing the words ``operates special education programs shall 
operate such programs'' in paragraph (c), and adding, in their place, 
the words ``provides special education shall do so''.


Sec. 104.41  [Amended]

    27. Section 104.41 is amended by removing the words ``programs and 
activities'' wherever they appear in the section and adding, in their 
place, the words ``programs or activities''; and by removing the words 
``or benefit from'' wherever they appear in the section.


Sec. 104.43  [Amended]

    28. Sections 104.43 is amended by--
    A. Removing the words ``program or activity'' in paragraph (a) and 
adding, in their place, the words ``aid, benefits, or services''; and
    B. Removing the words ``programs and activities'' in paragraph (d), 
and adding, in their place, the words ``program or activity''.


Sec. 104.44  [Amended]

    29. Section 104.44 is amended by--
    A. Removing the words ``program of'' in the second sentence of 
paragraph (a);
    B. Removing the words ``in its program'' in paragraph (c); and
    C. Removing the words ``under the education program or activity 
operated by the recipient'' in paragraph (d)(1).


Sec. 104.47  [Amended]

    30. Section 104.47 is amended by removing the words ``programs and 
activities'' in paragraph (a)(1), and adding, in their place, the words 
``aid, benefits, or services''.


Sec. 104.51  [Amended]

    31. Section 104.51 is amended by removing the words ``or benefit 
from'' wherever they appear in the section; and by removing the word 
``and'' before the word ``activities'' and adding, in its place, the 
word ``or''.


Sec. 104.54  [Amended]

    32. Section 104.54 is amended by adding the words ``that provides 
aid,

[[Page 68056]]

benefits or services'' after the words ``supervises a program or 
activity''.

PART 106--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION 
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

    33. The heading for part 106 is revised to read as set forth above.
    33a. An authority citation for part 106 is added after the table of 
contents to read as follows:

    Authority: 20 U.S.C. 1681 et seq., unless otherwise noted.

    34. Section 106.2 is amended by--
    A. Redesignating paragraphs (h) through (r) as paragraphs (i) 
through (s), respectively;
    B. Adding a new paragraph (h) and adding an authority citation 
following paragraph (h);
    C. Amending redesignated paragraph (i) to remove the words ``or 
benefits from''; and
    D. Amending redesignated paragraph (k) by removing ``(k), (l), (m), 
or (n)'' and adding, in its place, ``(l), (m), (n), or (o)''.
    The addition reads as follows:


Sec. 106.2  Definitions.

* * * * *
    (h) Program or activity and program means all of the operations 
of--
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or local government; or
    (ii) 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;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) 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
    (4) Any other entity that is established by two or more of the 
entities described in paragraph (h)(1), (2), or (3) of this section; 
any part of which is extended Federal financial assistance.

(Authority: 20 U.S.C. 1687)
* * * * *


Sec. 106.4  [Amended]

    35. Section 106.4 is amended by removing the words ``for any 
education program or activity''; and by removing the word ``each'' and 
adding, in its place, the word ``the'' in the first sentence of 
paragraph (a).


Sec. 106.6  [Amended]

    36. Section 106.6 is amended by removing the words ``or benefits 
from'' in paragraph (c).


Sec. 106.9  [Amended]

    37. Section 106.9 is amended by removing the words ``programs or 
activities'' and adding, in their place, the words ``program or 
activity''; and by removing the words ``education programs and 
activities'' and adding, in their place, the words ``the education 
program or activity'' in paragraph (a)(1).


Sec. 106.11  [Amended]

    38. Section 106.11 is amended by removing the word ``each'' and 
adding, in its place, the word ``the''; and by removing the words ``or 
benefits from''.


Sec. 106.17  [Amended]

    39. Section 106.17 is amended by removing the word ``programs'' and 
by removing the word ``emphasize'' and adding, in its place, the word 
``emphasizes'' in paragraph (d).

Subparts D and E of Part 106--[Amended]

    40. The headings of subparts D and E are amended by removing the 
word ``and'' and adding, in its place, the word ``or''.


Sec. 106.31  [Amended]

    41. Section 106.31 is amended by--
    A. Removing the word ``and'' in the section heading and adding, in 
its place, the word ``or'';
    B. Removing the words ``or benefits from'' in the first sentence of 
paragraph (a); and
    C. Removing the words ``Programs not operated'' in the heading of 
paragraph (d), and adding, in their place, the words ``Aid, benefits or 
services not provided''.


Sec. 106.40  [Amended]

    42. Section 106.40 is amended by removing the words ``in the normal 
education program or activity'' in paragraph (b)(2); and by removing 
the words ``instructional program in the separate program'' in 
paragraph (b)(3) and adding, in their place, the words ``separate 
portion''.


Sec. 106.51  [Amended]

    43. Section 106.51 is amended by removing the words ``or benefits 
from'' in paragraph (a)(1); and by removing the words ``social or 
recreational programs'' and adding, in their place, the words ``those 
that are social or recreational'' in paragraph (b)(9).

PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

    44. The heading for part 110 is revised to read as set forth above.

    45. The authority citation for part 110 continues to read as 
follows:

    Authority: 42 U.S.C. 6101 et seq., unless otherwise noted.


Sec. 110.1  [Amended]

    46. Remove the words ``programs and activities'' in the last 
sentence of Sec. 110.1 and add, in their place, the words ``programs or 
activities''.


Sec. 110.2  [Amended]

    47. The heading of Sec. 110.2 is amended by adding the words ``or 
activities'' after the word ``programs''.

    48. Section 110.3 is amended by adding in alphabetical order a new 
definition of ``Program or activity'' and adding an authority citation 
following the definition to read as follows:


Sec. 110.3  What definitions apply?

* * * * *
    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;

[[Page 68057]]

    (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)
* * * * *


Secs. 110.16, 110.17  [Amended]

    49. Remove the word ``program'' wherever it appears in Sec. 110.16 
and in Sec. 110.17, and add, in its place, the words ``program or 
activity''.


Sec. 110.20  [Amended]

    50. Section 110.20 is amended by removing the words ``programs or 
activities are'' in the first sentence and adding, in their place, the 
words ``program or activity is''.


Sec. 110.23  [Amended]

    51. Section 110.23 is amended by removing the words ``for a program 
or activity'' and by adding the words ``or activity'' before the word 
``will'' in paragraph (a).


Sec. 110.25  [Amended]

    52. Section 110.25 is amended by removing the words ``and their 
applicability to specific programs'' in paragraph (b).


Sec. 110.33  [Amended]

    53. Section 110.33 is amended by removing the word ``program'' in 
paragraph (a).


Sec. 110.35  [Amended]

    54. Section 110.35(c)(2) is amended by removing the word 
``Federal'' in the first sentence.


Sec. 110.37  [Amended]

    55. Section 110.37(b)(2) is amended by removing the words ``program 
or activity'' and adding, in their place, ``Federal financial 
assistance''.

[FR Doc. 00-28599 Filed 11-9-00; 8:45 am]
BILLING CODE 4000-01-P