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34 CFR 100
TITLE 34--EDUCATION
CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
PART 100--NONDISCRIMINATION UNDER PROGRAMS RECEIVING
FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Sec.
100.1 Purpose.
100.2 Application of this regulation.
100.3 Discrimination prohibited.
100.4 Assurances required.
100.5 Illustrative application.
100.6 Compliance information.
100.7 Conduct of investigations.
100.8 Procedure for effecting compliance.
100.9 Hearings.
100.10 Decisions and notices.
100.11 Judicial review.
100.12 Effect on other regulations; forms and instructions.
100.13 Definitions.
Appendix A to Part 100--Federal Financial Assistance to Which These
Regulations Apply
Appendix B to Part 100--Guidelines for Eliminating Discrimination and
Denial of Services on the Basis of Race, Color, National
Origin, Sex, and Handicap in Vocational Education Programs
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1, unless
otherwise noted.
Source: 45 FR 30918, May 9, 1980, unless otherwise noted.
Sec. 100.1 Purpose.
The purpose of this part is to effectuate the provisions of title VI
of the Civil Rights Act of 1964 (hereafter referred to as the ``Act'')
to the end that no person in the United States shall; on the ground of
race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under any program or activity receiving Federal financial assistance
from the Department of Education.
(Authority: Sec. 601, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.
2000d)
Sec. 100.2 Application of this regulation.
This regulation applies to any program for which Federal financial
assistance is authorized to be extended to a recipient under a law
administered by the Department, including the Federal assisted programs
and activities listed in appendix A of this regulation. It applies to
money paid, property transferred, or other Federal financial assistance
extended after the effective date of the regulation pursuant to an
application approved prior to such effective date. This regulation does
not apply to (a) any Federal financial assistance by way of insurance or
guaranty contracts, (b) money paid, property transferred, or other
assistance extended before the effective date of this regulation, (c)
the use of any assistance by any individual who is the ultimate
beneficiary under any such program, or (d) any employment practice,
under any such program, or any employer, employment agency, or labor
organization, except to the extent described in Sec. 100.3. The fact
that a type of Federal assistance is not listed in appendix A shall not
mean, if title VI of the Act is otherwise applicable, that a program is
not covered. Federal financial assistance under statutes now in force or
hereinafter enacted may be added to this list by notice published in the
Federal Register.
(Authority: Secs. 602, 604, Civil Rights Act of 1964; 78 Stat. 252, 253;
42 U.S.C. 2000d-1, 2000d-3)
Sec. 100.3 Discrimination prohibited.
(a) General. No person in the United States shall, on the ground of
race, color, or national origin be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under any program to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient
under any program to which this part applies may not, directly or
through contractual or other arrangements, on ground of race, color, or
national origin:
(i) Deny an individual any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an individual to segregation or separate treatment in
any matter related to his receipt of any service, financial aid, or
other benefit under the program;
(iv) Restrict an individual in any way in the enjoyment of any
advantage or
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privilege enjoyed by others receiving any service, financial aid, or
other benefit under the program;
(v) Treat an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility,
membership or other requirement or condition which individuals must meet
in order to be provided any service, financial aid, or other benefit
provided under the program;
(vi) Deny an individual an opportunity to participate in the program
through the provision of services or otherwise or afford him an
opportunity to do so which is different from that afforded others under
the program (including the opportunity to participate in the program as
an employee but only to the extent set forth in paragraph (c) of this
section).
(vii) Deny a person the opportunity to participate as a member of a
planning or advisory body which is an integral part of the program.
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program, or the class of individuals to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, utilize criteria
or methods of administration which have the effect of subjecting
individuals to discrimination because of their race, color, or national
origin, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respect individuals
of a particular race, color, or national origin.
(3) In determining the site or location of a facilities, an
applicant or recipient may not make selections with the effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under any programs to which this regulation
applies, on the ground of race, color, or national origin; or with the
purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Act or this regulation.
(4) As used in this section, the services, financial aid, or other
benefits provided under a program receiving Federal financial assistance
shall be deemed to include any service, financial aid, or other benefits
provided in or through a facility provided with the aid of Federal
financial assistance.
(5) The enumeration of specific forms of prohibited discrimination
in this paragraph and paragraph (c) of this section does not limit the
generality of the prohibition in paragraph (a) of this section.
(6)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program may take affirmative action to overcome the
effects of conditions which resulted in limiting participation by
persons of a particular race, color, or national origin.
(c) Employment practices. (1) Where a primary objective of the
Federal financial assistance to a program to which this regulation
applies is to provide employment, a recipient may not (directly or
through contractual or other arrangements) subject an individual to
discrimination on the ground of race, color, or national origin in its
employment practices under such program (including recruitment or
recruitment advertising, employment, layoff or termination, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and
use of facilities), including programs where a primary objective of the
Federal financial assistance is (i) to reduce the employment of such
individuals or to help them through employment to meet subsistence
needs, (ii) to assist such individuals through employment to meet
expenses incident to the commencement or continuation of their education
or training, (iii) to provide work experience which contributes to the
education or training of such individuals, or (iv) to provide
remunerative activity to such individuals who because of handicaps
cannot
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be readily absorbed in the competitive labor market. The following,
under existing laws, have one of the above objectives as a primary
objective:
(A) Projects under the Public Works Acceleration Act, Pub. L. 87-
658, 42 U.S.C. 2641-2643.
(B) Work-study under the Vocational Education Act of 1963, as
amended, 20 U.S.C. 1371-1374.
(C) Programs assisted under laws listed in appendix A as respects
employment opportunities provided thereunder, or in facilities provided
thereunder, which are limited, or for which preference is given, to
students, fellows, or other persons in training for the same or related
employments.
(D) Assistance to rehabilitation facilities under the Vocational
Rehabilitation Act, 29 U.S.C. 32-34, 41a and 41b.
(2) The requirements applicable to construction employment under any
such program shall be those specified in or pursuant to Part III of
Executive Order 11246 or any Executive order which supersedes it.
(3) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to the regulation tends, on the ground of race,
color, or national origin, to exclude individuals from participation in,
to deny them the benefits of, or to subject them to discrimination under
any program to which this regulation applies, the foregoing provisions
of this paragraph (c) shall apply to the employment practices of the
recipient or other persons subject to the regulation, to the extent
necessary to assure equality of opportunity to, and nondiscriminatory
treatment of, beneficiaries.
(d) Indian health and Cuban refugee services. An individual shall
not be deemed subjected to discrimination by reason of his exclusion
from the benefits of a program limited by Federal law to individuals of
a particular race, color, or national origin different from his.
(e) Medical emergencies. Notwithstanding the foregoing provisions of
this section, a recipient of Federal financial assistance shall not be
deemed to have failed to comply with paragraph (a) of this section if
immediate provision of a service or other benefit to an individual is
necessary to prevent his death or serious impairment of his health, and
such service or other benefit cannot be provided except by or through a
medical institution which refuses or fails to comply with paragraph (a)
of this section.
(Authority: Sec. 601, 602, 604, Civil Rights Act of 1964; 78 Stat. 252,
253, 42 U.S.C. 2000d, 2000d-1, 2000d-3)
Sec. 100.4 Assurances required.
(a) General. (1) Every application for Federal financial assistance
to carry out a program to which this part applies, except a program to
which paragraph (b) of this section applies, and every application for
Federal financial assistance to provide a facility shall, as a condition
to its approval and the extension of any Federal financial assistance
pursuant to the application, contain or be accompanied by an assurance
that the program will be conducted or the facility operated in
compliance with all requirements imposed by or pursuant to this part. In
the case of an application for Federal financial assistance to provide
real property or structures thereon, the assurance shall obligate the
recipient, or, in the case of a subsequent transfer, the transferee, for
the period during which the real property or structures are used for a
purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits.
In the case of personal property the assurance shall obligate the
recipient for the period during which he retains ownership or possession
of the property. In all other cases the assurance shall obligate the
recipient for the period during which Federal financial assistance is
extended pursuant to the application. The responsible Department
official shall specify the form of the foregoing assurances for each
program, and the extent to which like assurances will be required of
subgrantees, contractors and subcontractors, transferees, successors in
interest, and other participants in the program. Any such assurance
shall include provisions which
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give the United States a right to seek its judicial enforcement.
(2) Where Federal financial assistance is provided in the form of a
transfer of real property or interest therein from the Federal
Government the instrument effecting or recording the transfer shall
contain a covenant running with the land to assure nondiscrimination for
the period during which the real property is used for a purpose for
which the Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. Where
no transfer of property is involved but property is improved with
Federal financial assistance, the recipient shall agree to include such
a covenant to any subsequent transfer of the property. Where the
property is obtained from the Federal Government, such covenant may also
include a condition coupled with a right to be reserved by the
Department to revert title to the property in the event of a breach of
the covenant where, in the discretion of the responsible Department
official, such a condition and right of reverter is appropriate to the
statute under which the real property is obtained and to the nature of
the grant and the grantee. In the event a transferee of real property
proposes to mortgage or otherwise encumber the real property as security
for financing construction of new, or improvement of existing,
facilities on such property for the purposes for which the property was
transferred, the responsible Department official may agree, upon request
of the transferee and if necessary to accomplish such financing, and
upon such conditions as he deems appropriate, to forbear the exercise of
such right to revert title for so long as the lien of such mortgage or
other encumbrance remains effective.
(b) Continuing State programs. Every application by a State or a
State agency to carry out a program involving continuing Federal
financial assistance to which this regulation applies (including the
Federal financial assistance listed in part 2 of appendix A) shall as a
condition to its approval and the extension of any Federal financial
assistance pursuant to the application (1) contain or be accompanied by
a statement that the program is (or, in the case of a new program, will
be) conducted in compliance with all requirements imposed by or pursuant
to this regulation, and (2) provide or be accompanied by provision for
such methods of administration for the program as are found by the
responsible Department official to give reasonable assurance that the
applicant and all recipients of Federal financial assistance under such
program will comply with all requirements imposed by or pursuant to this
regulation.
(c) Elementary and secondary schools. The requirements of paragraph
(a) or (b) of this section with respect to any elementary or secondary
school or school system shall be deemed to be satisfied if such school
or school system (1) is subject to a final order of a court of the
United States for the desegregation of such school or school system, and
provides an assurance that it will comply with such order, including any
future modification of such order, or (2) submits a plan for the
desegregation of such school or school system which the responsible
Department official determines is adequate to accomplish the purposes of
the Act and this part, at the earliest practicable time, and provides
reasonable assurance that it will carry out such plan; in any case of
continuing Federal financial assistance the responsible Department
official may reserve the right to redetermine, after such period as may
be specified by him, the adequacy of the plan to accomplish the purposes
of the Act and the regulations in this part. In any case in which a
final order of a court of the United States for the desegregation of
such school or school system is entered after submission of such a plan,
such plan shall be revised to conform to such final order, including any
future modification of such order.
(d) Assurance from institutions. (1) In the case of any application
for Federal financial assistance to an institution of higher education
(including assistance for construction, for research, for special
training project, for student loans or for any other purpose), the
assurance required by this section shall extend to admission practices
and to all
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other practices relating to the treatment of students.
(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 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, or the
beneficiaries of or participants in such program. If in any such case
the assistance sought is for the construction of a facility or part of a
facility, the assurance shall in any event extend to the entire facility
and to facilities operated in connection therewith.
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42
U.S.C. 2000d, 2000d-1. Sec. 182; 80 Stat. 1209; 42 U.S.C. 2000d-5)
Sec. 100.5 Illustrative application.
The following examples will illustrate the programs aided by Federal
financial assistance of the Department. (In all cases the discrimination
prohibited is discrimination on the ground of race, color, or national
origin prohibited by title VI of the Act and this regulation, as a
condition of the receipt of Federal financial assistance).
(a) In federally-affected area assistance (Pub. L. 815 and Pub. L.
874) for construction aid and for general support of the operation of
elementary or secondary schools, or in more limited support to such
schools such as for the acquisition of equipment, the provision of
vocational education, or the provision of guidance and counseling
services, discrimination by the recipient school district in any of its
elementary or secondary schools in the admission of students, or in the
treatment of its students in any aspect of the educational process, is
prohibited. In this and the following illustrations the prohibition of
discrimination in the treatment of students or other trainees includes
the prohibition of discrimination among the students or trainees in the
availability or use of any academic, dormitory, eating, recreational, or
other facilities of the grantee or other recipient.
(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 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.
(c) In a training grant to a hospital or other nonacademic
institution, discrimination is prohibited in the selection of
individuals to be trained and in their treatment by the grantee during
their training. In a research or demonstration grant to such an
institution discrimination is prohibited with respect to any educational
activity and any provision of medical or other services and any
financial aid to individuals incident to the program.
(d) In grants to assist in the construction of facilities for the
provision of health, educational or welfare services, assurances will be
required that services will be provided without discrimination, to the
same extent that discrimination would be prohibited as a condition of
Federal operating grants for the support of such services. Thus, as a
condition of grants for the construction of academic, research, or other
facilities at institutions of higher education, assurances will be
required that there will be no discrimination in the admission or
treatment of students. 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.
(e) Upon transfers of real or personal surplus property for
educational uses, discrimination is prohibited to the same extent as in
the case of grants for
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the construction of facilities or the provision of equipment for like
purposes.
(f) Each applicant for a grant for the construction of educational
television facilities is required to provide an assurance that it will,
in its broadcast services, give due consideration to the interests of
all significant racial or ethnic groups within the population to be
served by the applicant.
(g) A recipient may not take action that is calculated to bring
about indirectly what this regulation forbids it to accomplish directly.
Thus, a State, in selecting or approving projects or sites for the
construction of public libraries which will receive Federal financial
assistance, may not base its selections or approvals on criteria which
have the effect of defeating or of substantially impairing
accomplishments of the objectives of the Federal assistance as respects
individuals of a particular race, color or national origin.
(h) In some situations, even though past discriminatory practices
attributable to a recipient or applicant have been abandoned, the
consequences of such practices continue to impede the full availability
of a benefit. If the efforts required of the applicant or recipient
under Sec. 100.6(d), to provide information as to the availability of
the program or activity and the rights of beneficiaries under this
regulation, have failed to overcome these consequences, it will become
necessary under the requirement stated in paragraph (i) of
Sec. 100.3(b)(6) for such applicant or recipient to take additional
steps to make the benefits fully available to racial and nationality
groups previously subject to discrimination. This action might take the
form, for example, of special arrangements for obtaining referrals or
making selections which will insure that groups previously subjected to
discrimination are adequately served.
(i) Even though an applicant or recipient has never used
discriminatory policies, the services and benefits of the program or
activity it administers may not in fact be equally available to some
racial or nationality groups. In such circumstances, an applicant or
recipient may properly give special consideration to race, color, or
national origin to make the benefits of its program more widely
available to such groups, not then being adequately served. For example,
where a university is not adequately serving members of a particular
racial or nationality group, it may establish special recruitment
policies to make its program better known and more readily available to
such group, and take other steps to provide that group with more
adequate service.
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42
U.S.C. 2000d, 2000d-1)
Sec. 100.6 Compliance information.
(a) Cooperation and assistance. The responsible Department official
shall to the fullest extent practicable seek the cooperation of
recipients in obtaining compliance with this part and shall provide
assistance and guidance to recipients to help them comply voluntarily
with this part.
(b) Compliance reports. Each recipient shall keep such records and
submit to the responsible Department official or his designee timely,
complete and accurate compliance reports at such times, and in such form
and containing such information, as the responsible Department official
or his designee may determine to be necessary to enable him to ascertain
whether the recipient has complied or is complying with this part. For
example, recipients should have available for the Department racial and
ethnic data showing the extent to which members of minority groups are
beneficiaries of and participants in federally-assisted programs. In the
case of any program under which a primary recipient extends Federal
financial assistance to any other recipient, such other recipient shall
also submit such compliance reports to the primary recipient as may be
necessary to enable the primary recipient to carry out its obligations
under this part.
(c) Access to sources of information. Each recipient shall permit
access by the responsible Department official or his designee during
normal business hours to such of its books, records, accounts, and other
sources of information, and its facilities as may be pertinent to
ascertain compliance with this part. Where any information required
[[Page 309]]
of a recipient is in the exclusive possession of any other agency,
institution or person and this agency, institution or person shall fail
or refuse to furnish this information the recipient shall so certify in
its report and shall set forth what efforts it has made to obtain the
information. Asserted considerations of privacy or confidentiality may
not operate to bar the Department from evaluating or seeking to enforce
compliance with this part. Information of a confidential nature obtained
in connection with compliance evaluation or enforcement shall not be
disclosed except where necessary in formal enforcement proceedings or
where otherwise required by law.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of this
regulation and its applicability to the program for which the recipient
receives Federal financial assistance, and make such information
available to them in such manner, as the responsible Department official
finds necessary to apprise such persons of the protections against
discrimination assured them by the Act and this regulation.
(Approved by the Office of Management and Budget under control number
1870-0500)
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42
U.S.C. 2000d, 2000d-1)
[45 FR 30918, May 9, 1980, as amended at 53 FR 49143, Dec. 6, 1988]
Sec. 100.7 Conduct of investigations.
(a) Periodic compliance reviews. The responsible Department official
or his designee shall from time to time review the practices of
recipients to determine whether they are complying with this part.
(b) Complaints. Any person who believes himself or any specific
class of individuals to be subjected to discrimination prohibited by
this part may by himself or by a representative file with the
responsible Department official or his designee a written complaint. A
complaint must be filed not later than 180 days from the date of the
alleged discrimination, unless the time for filing is extended by the
responsible Department official or his designee.
(c) Investigations. The responsible Department official or his
designee will make a prompt investigation whenever a compliance review,
report, complaint, or any other information indicates a possible failure
to comply with this part. The investigation should include, where
appropriate, a review of the pertinent practices and policies of the
recipient, the circumstances under which the possible noncompliance with
this part occurred, and other factors relevant to a determination as to
whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part, the responsible Department official or his designee will so inform
the recipient and the matter will be resolved by informal means whenever
possible. If it has been determined that the matter cannot be resolved
by informal means, action will be taken as provided for in Sec. 100.8.
(2) If an investigation does not warrant action pursuant to
paragraph (1) of this paragraph (d) the responsible Department official
or his designee will so inform the recipient and the complainant, if
any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce, or discriminate against
any individual for the purpose of interfering with any right or
privilege secured by section 601 of the Act or this part, or because he
has made a complaint, testified, assisted, or participated in any manner
in an investigation, proceeding or hearing under this part. The identity
of complainants shall be kept confidential except to the extent
necessary to carry out the purposes of this part, including the conduct
of any investigation, hearing, or judicial proceeding arising
thereunder.
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42
U.S.C. 2000d, 2000d-1)
Sec. 100.8 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply
[[Page 310]]
with this regulation, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by the suspension or termination of or refusal
to grant or to continue Federal financial assistance or by any other
means authorized by law. Such other means may include, but are not
limited to, (1) a reference to the Department of Justice with a
recommendation that appropriate proceedings be brought to enforce any
rights of the United States under any law of the United States
(including other titles of the Act), or any assurance or other
contractual undertaking, and (2) any applicable proceeding under State
or local law.
(b) Noncompliance with Sec. 100.4. If an applicant fails or refuses
to furnish an assurance required under Sec. 100.4 or otherwise fails or
refuses to comply with a requirement imposed by or pursuant to that
section Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. The Department shall
not be required to provide assistance in such a case during the pendency
of the administrative proceedings under such paragraph except that the
Department shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to an
application therefor approved prior to the effective date of this part.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating or refusing to
grant or continue Federal financial assistance shall become effective
until (1) the responsible Department official has advised the applicant
or recipient of his failure to comply and has determined that compliance
cannot be secured by voluntary means, (2) there has been an express
finding on the record, after opportunity for hearing, of a failure by
the applicant or recipient to comply with a requirement imposed by or
pursuant to this part, (3) the expiration of 30 days after the Secretary
has filed with the committee of the House and the committee of the
Senate having legislative jurisdiction over the program involved, a full
written report of the circumstances and the grounds for such action. Any
action to suspend or terminate or to refuse to grant or to continue
Federal financial assistance shall be limited to the particular
political entity, or part thereof, or other applicant or recipient as to
whom such a finding has been made and shall be limited in its effect to
the particular program, or part thereof, in which such noncompliance has
been so found.
(d) Other means authorized by law. No action to effect compliance by
any other means authorized by law shall be taken until (1) the
responsible Department official has determined that compliance cannot be
secured by voluntary means, (2) the recipient or other person has been
notified of its failure to comply and of the action to be taken to
effect compliance, and (3) the expiration of at least 10 days from the
mailing of such notice to the recipient or other person. During this
period of at least 10 days additional efforts shall be made to persuade
the recipient or other person to comply with the regulation and to take
such corrective action as may be appropriate.
(Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42
U.S.C. 2000d, 2000d-1. Sec. 182, 80 Stat. 1209; 42 U.S.C. 2000d-5)
Sec. 100.9 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 100.8(c), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision
under which the proposed action against it is to be taken, and the
matters of fact or law asserted as the basis for this action, and either
(1) fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the responsible
Department official that the matter be scheduled for hearing or (2)
advise the applicant or recipient that the matter in question has been
set down for hearing at a stated place and time. The time and place so
fixed shall be reasonable and shall be subject to change for cause. The
complainant, if any, shall be advised of the time and place of the
[[Page 311]]
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing for which a date has been
set shall be deemed to be a waiver of the right to a hearing under
section 602 of the Act and Sec. 100.8(c) of this regulation and consent
to the making of a decision on the basis of such information as may be
filed as the record.
(b) Time and place of hearing. Hearings shall be held at the offices
of the Department in Washington, DC, at a time fixed by the responsible
Department official unless he determines that the convenience of the
applicant or recipient or of the Department requires that another place
be selected. Hearings shall be held before a hearing examiner designated
in accordance with 5 U.S.C. 3105 and 3344 (section 11 of the
Administrative Procedure Act).
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the Department shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision, and
any administrative review thereof shall be conducted in conformity with
sections 5-8 of the Administrative Procedure Act, and in accordance with
such rules of procedure as are proper (and not inconsistent with this
section) relating to the conduct of the hearing, giving of notices
subsequent to those provided for in paragraph (a) of this section,
taking of testimony, exhibits, arguments and briefs, requests for
findings, and other related matters. Both the Department and the
applicant or recipient shall be entitled to introduce all relevant
evidence on the issues as stated in the notice for hearing or as
determined by the officer conducting the hearing at the outset of or
during the hearing. Any person (other than a Government employee
considered to be on official business) who, having been invited or
requested to appear and testify as a witness on the Government's behalf,
attends at a time and place scheduled for a hearing provided for by this
part, may be reimbursed for his travel and actual expenses of attendance
in an amount not to exceed the amount payable under the standardized
travel regulations to a Government employee traveling on official
business.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to this part, but rules or principles designed to
assure production of the most credible evidence available and to subject
testimony to test by cross-examination shall be applied where reasonably
necessary by the officer conducting the hearing. The hearing officer may
exclude irrelevant, immaterial, or unduly repetitious evidence. All
documents and other evidence offered or taken for the record shall be
open to examination by the parties and opportunity shall be given to
refute facts and arguments advanced on either side of the issues. A
transcript shall be made of the oral evidence except to the extent the
substance thereof is stipulated for the record. All decisions shall be
based upon the hearing record and written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with this
regulation with respect to two or more programs to which this part
applies, or noncompliance with this part and the regulations of one or
more other Federal departments or agencies issued under title VI of the
Act, the responsible Department official may, by agreement with such
other departments or agencies where applicable, provide for the conduct
of consolidated or joint hearings, and for the application to such
hearings of rules of procedures not inconsistent with this part. Final
decisions in such cases, insofar as this regulation is concerned, shall
be made in accordance with Sec. 100.10.
(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.
2000d-1)
Sec. 100.10 Decisions and notices.
(a) Decisions by hearing examiners. After a hearing is held by a
hearing examiner such hearing examiner shall either make an initial
decision, if so authorized, or certify the entire record including his
recommended findings and proposed decision to the reviewing authority
for a final decision, and a copy of such initial decision or
certification shall be mailed to the applicant or recipient and to the
complainant, if
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any. Where the initial decision referred to in this paragraph or in
paragraph (c) of this section is made by the hearing examiner, the
applicant or recipient or the counsel for the Department may, within the
period provided for in the rules of procedure issued by the responsible
Department official, file with the reviewing authority exceptions to the
initial decision, with his reasons therefor. Upon the filing of such
exceptions the reviewing authority shall review the initial decision and
issue its own decision thereof including the reasons therefor. In the
absence of exceptions the initial decision shall constitute the final
decision, subject to the provisions of paragraph (e) of this section.
(b) Decisions on record or review by the reviewing authority.
Whenever a record is certified to the reviewing authority for decision
or it reviews the decision of a hearing examiner pursuant to paragraph
(a) or (c) of this section, the applicant or recipient shall be given
reasonable opportunity to file with it briefs or other written
statements of its contentions, and a copy of the final decision of the
reviewing authority shall be given in writing to the applicant or
recipient and to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 100.9(a) the reviewing authority
shall make its final decision on the record or refer the matter to a
hearing examiner for an initial decision to be made on the record. A
copy of such decision shall be given in writing to the applicant or
recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing examiner or
reviewing authority shall set forth a ruling on each finding,
conclusion, or exception presented, and shall identify the requirement
or requirements imposed by or pursuant to this part with which it is
found that the applicant or recipient has failed to comply.
(e) Review in certain cases by the Secretary. If the Secretary has
not personally made the final decision referred to in paragraphs (a),
(b), or (c) of this section, a recipient or applicant or the counsel for
the Department may request the Secretary to review a decision of the
Reviewing Authority in accordance with rules of procedure issued by the
responsible Department official. Such review is not a matter of right
and shall be granted only where the Secretary determines there are
special and important reasons therefor. The Secretary may grant or deny
such request, in whole or in part. He may also review such a decision
upon his own motion in accordance with rules of procedure issued by the
responsible Department official. In the absence of a review under this
paragraph, a final decision referred to in paragraphs (a), (b), (c) of
this section shall become the final decision of the Department when the
Secretary transmits it as such to Congressional committees with the
report required under section 602 of the Act. Failure of an applicant or
recipient to file an exception with the Reviewing Authority or to
request review under this paragraph shall not be deemed a failure to
exhaust administrative remedies for the purpose of obtaining judicial
review.
(f) Content of orders. The final decision may provide for suspension
or termination of, or refusal to grant or continue Federal financial
assistance, in whole or in part, to which this regulation applies, and
may contain such terms, conditions, and other provisions as are
consistent with and will effectuate the purposes of the Act and this
regulation, including provisions designed to assure that no Federal
financial assistance to which this regulation applies will thereafter be
extended under such law or laws to the applicant or recipient determined
by such decision to be in default in its performance of an assurance
given by it pursuant to this regulation, or to have otherwise failed to
comply with this regulation unless and until it corrects its
noncompliance and satisfies the responsible Department official that it
will fully comply with this regulation.
(g) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
this part and provides reasonable assurance that it will
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fully comply with this part. An elementary or secondary school or school
system which is unable to file an assurance of compliance with
Sec. 100.3 shall be restored to full eligibility to receive Federal
financial assistance, if it files a court order or a plan for
desegregation which meets the requirements of Sec. 100.4(c), and
provides reasonable assurance that it will comply with the court order
or plan.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the responsible Department official to restore fully its
eligibility to receive Federal financial assistance. Any such request
shall be supported by information showing that the applicant or
recipient has met the requirements of paragraph (g)(1) of this section.
If the responsible Department official determines that those
requirements have been satisfied, he shall restore such eligibility.
(3) If the responsible Department official denies any such request,
the applicant or recipient may submit a request for a hearing in
writing, specifying why it believes such official to have been in error.
It shall thereupon be given an expeditious hearing, with a decision on
the record, in accordance with rules of procedure issued by the
responsible Department official. The applicant or recipient will be
restored to such eligibility if it proves at such hearing that it
satisfied the requirements of paragraph (g)(1) of this section. While
proceedings under this paragraph are pending, the sanctions imposed by
the order issued under paragraph (f) of this section shall remain in
effect.
(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.
2000d-1)
Sec. 100.11 Judicial review.
Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.
(Authority: Sec. 603, 78 Stat. 253; 42 U.S.C. 2000d-2)
Sec. 100.12 Effect on other regulations; forms and instructions.
(a) Effect on other regulations. All regulations, orders, or like
directions heretofore issued by any officer of the Department which
impose requirements designed to prohibit any discrimination against
individuals on the ground of race, color, or national origin under any
program to which this regulation applies, and which authorize the
suspension or termination of or refusal to grant or to continue Federal
financial assistance to any applicant for or recipient of assistance for
failure to comply with such requirements, are hereby superseded to the
extent that such discrimination is prohibited by this regulation, except
that nothing in this regulation shall be deemed to relieve any person of
any obligation assumed or imposed under any such superseded regulation,
order, instruction, or like direction prior to the effective date of
this regulation. Nothing in this regulation, however, shall be deemed to
supersede any of the following (including future amendments thereof):
(1) Executive Order 11063 and regulations issued thereunder, or any
other regulations or instructions, insofar as such Order, regulations,
or instructions prohibit discrimination on the ground of race, color, or
national origin in any program or situation to which this regulation is
inapplicable, or prohibit discrimination on any other ground; or
(2) Requirements for Emergency School Assistance as published in 35
FR 13442 and codified as 34 CFR part 280.
(b) Forms and instructions. The responsible Department official
shall issue and promptly make available to interested persons forms and
detailed instructions and procedures for effectuating this part.
(c) Supervision and coordination. The responsible Department
official may from time to time assign to officials of the Department, or
to officials of other departments or agencies of the Government with the
consent of such departments or agencies, responsibilities in connection
with the effectuation of the purposes of title VI of the Act and this
regulation (other than responsibility
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for review as provided in Sec. 100.10(e)), including the achievements of
effective coordination and maximum uniformity within the Department and
within the Executive Branch of the Government in the application of
title VI and this regulation to similar programs and in similar
situations. Any action taken, determination made, or requirement imposed
by an official of another Department or Agency acting pursuant to an
assignment of responsibility under this section shall have the same
effect as though such action had been taken by the responsible official
of this Department.
(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.
2000d-1)
Sec. 100.13 Definitions.
As used in this part:
(a) The term Department means the Department of Education.
(b) The term Secretary means the Secretary of Education.
(c) The term responsible Department official means the Secretary or,
to the extent of any delegation by the Secretary of authority to act in
his stead under any one or more provisions of this part, any person or
persons to whom the Secretary has heretofore delegated, or to whom the
Secretary may hereafter delegate such authority.
(d) The term reviewing authority means the Secretary, or any person
or persons (including a board or other body specially created for that
purpose and also including the responsible Department official) acting
pursuant to authority delegated by the Secretary to carry out
responsibilities under Sec. 100.10(a)-(d).
(e) The term United States means the States of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, the Canal Zone, and the territories and
possessions of the United States, and the term ``State'' means any one
of the foregoing.
(f) The term Federal financial assistance includes (1) grants and
loans of Federal funds, (2) the grant or donation of Federal property
and interests in property, (3) the detail of Federal personnel, (4) the
sale and lease of, and the permission to use (on other than a casual or
transient basis), Federal property or any interest in such property
without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by such
sale or lease to the recipient, and (5) any Federal agreement,
arrangement, or other contract which has as one of its purposes the
provision of assistance.
(g) The term program includes any program, project, or activity for
the provision of services, financial aid, or other benefits to
individuals (including education or training, rehabilitation, housing,
or other services, whether provided through employees of the recipient
of Federal financial assistance or provided by others through contracts
or other arrangements with the recipient, and including work
opportunities and cash or loan or other assistance to individuals), or
for the provision of facilities for furnishing services, financial aid
or other benefits to individuals. The services, financial aid, or other
benefits provided under a program receiving Federal financial assistance
shall be deemed to include any services, financial aid, or other
benefits provided with the aid of Federal financial assistance or with
the aid of any non-Federal funds, property, or other resources required
to be expended or made available for the program to meet matching
requirements or other conditions which must be met in order to receive
the Federal financial assistance, and to include any services, financial
aid, or other benefits provided in or through a facility provided with
the aid of Federal financial assistance or such non-Federal resources.
(h) The term facility includes all or any portion of structures,
equipment, or other real or personal property or interests therein, and
the provision of facilities includes the construction, expansion,
renovation, remodeling, alteration or acquisition of facilities.
(i) The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision, any
public or
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private agency, institution, or organization, or other entity, or any
individual, in any State, to whom Federal financial assistance is
extended, directly or through another recipient, for any program,
including any successor, assign, or transferee thereof, but such term
does not include any ultimate beneficiary under any such program.
(j) The term primary recipient means any recipient which is
authorized or required to extend Federal financial assistance to another
recipient for the purpose of carrying out a program.
(k) The term applicant means one who submits an application,
request, or plan required to be approved by a Department official, or by
a primary recipient, as a condition to eligibility for Federal financial
assistance, and the term application means such an application, request,
or plan.
(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C.
2000d-1)
Appendix A to Part 100--Federal Financial Assistance to Which These
Regulations Apply
Part 1--Assistance Other Than for State-Administered Continuing Programs
1. Loans for acquisition of equipment for academic subjects, and for
minor remodeling (20 U.S.C. 445).
2. Construction of facilities for institutions of higher education
(20 U.S.C. 701-758).
3. School Construction in federally-affected and in major disaster
areas (20 U.S.C. 631-647).
4. Construction of educational broadcast facilities (47 U.S.C. 390-
399).
5. Loan service of captioned films and educational media; research
on, and production and distribution of, educational media for the
handicapped, and training of persons in the use of such media for the
handicapped (20 U.S.C. 1452).
6. Demonstration residential vocational education schools (20 U.S.C.
1321).
7. Research and related activities in education of handicapped
children (20 U.S.C. 1441).
8. Educational research, dissemination and demonstration projects;
research training; and construction under the Cooperation Research Act
(20 U.S.C. 331-332(b)).
9. Research in teaching modern foreign languages (20 U.S.C. 512).
10. Training projects for manpower development and training (42
U.S.C. 2601, 2602, 2610a-2610c).
11. Research and training projects in Vocational Education (20
U.S.C. 1281(a), 1282-1284).
12. Allowances to institutions training NDEA graduate fellows (20
U.S.C. 461-465).
13. Grants for training in librarianship (20 U.S.C. 1031-1033).
14. Grants for training personnel for the education of handicapped
children (20 U.S.C. 1431).
15. Allowances for institutions training teachers and related
educational personnel in elementary and secondary education, or post-
secondary vocational education (20 U.S.C. 1111-1118).
16. Recruitment, enrollment, training and assignment of Teacher
Corps personnel (20 U.S.C. 1101-1107a).
17. Operation and maintenance of schools in Federally-affected and
in major disaster areas (20 U.S.C. 236-241; 241-1; 242-244).
18. Grants or contracts for the operation of training institutes for
elementary or secondary school personnel to deal with special
educational problems occasioned by desegregation (42 U.S.C. 2000c-3).
19. Grants for in-service training of teachers and other schools
personnel and employment of specialists in desegregation problems (42
U.S.C. 2000c-4).
20. Higher education students loan program (Title II, National
Defense Education Act, 20 U.S.C. 421-429).
21. Educational Opportunity grants and assistance for State and
private programs of low-interest insured loans and State loans to
students in institutions of higher education (Title IV, Higher Education
Act of 1965, 20 U.S.C. 1061-1087).
22. Grants and contracts for the conduct of Talent Search, Upward
Bound, and Special Services Programs (20 U.S.C. 1068).
23. Land-grant college aid (7 U.S.C. 301-308; 321-326; 328-331).
24. Language and area centers (Title VI, National Defense Education
Act, 20 U.S.C. 511).
25. American Printing House for the Blind (20 U.S.C. 101-105).
26. Future Farmers of America (36 U.S.C. 271-391) and similar
programs.
27. Science clubs (Pub. L. 85-875, 20 U.S.C. 2, note).
28. Howard University (20 U.S.C. 121-129).
29. Gallaudet College (31 D.C. Code, Chapter 10).
30. Establishment and operation of a model secondary school for the
deaf by Gallaudet College (31 D.C. Code 1051-1053; 80 Stat. 1027-1028).
31. Faculty development programs, workshops and institutes (20
U.S.C. 1131-1132).
32. National Technical Institute for the Deaf (20 U.S.C. 681-685).
33. Institutes and other programs for training educational personnel
(parts D, E, and F, Title V, Higher Education Act of 1965) (20 U.S.C.
1119-1119c-4).
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34. Grants and contracts for research and demonstration projects in
librarianship (20 U.S.C. 1034).
35. Acquisition of college library resources (20 U.S.C. 1021-1028).
36. Grants for strengthening developing institutions of higher
education (20 U.S.C. 1051-1054); National Fellowships for teaching at
developing institutions (20 U.S.C. 1055), and grants to retired
professors to teach at developing institutions (20 U.S.C. 1056).
37. College Work-Study Program (42 U.S.C. 2751-2757).
38. Financial assistance for acquisition of higher education
equipment, and minor remodeling (20 U.S.C. 1121-1129).
39. Grants for special experimental demonstration projects and
teacher training in adult education (20 U.S.C. 1208).
40. Grant programs for advanced and undergraduate international
studies (20 U.S.C. 1171-1176; 22 U.S.C. 2452(b)).
41. Experimental projects for developing State leadership or
establishment of special services (20 U.S.C. 865).
42. Grants to and arrangements with State educational and other
agencies to meet special educational needs of migratory children of
migratory agricultural workers (20 U.S.C. 241e(c)).
43. Grants by the Secretary to local educational agencies for
supplementary educational centers and services; guidance, counseling,
and testing (20 U.S.C. 841-844; 844b).
44. Resource centers for improvement of education of handicapped
children (20 U.S.C. 1421) and centers and services for deaf-blind
children (20 U.S.C. 1422).
45. Recruitment of personnel and dissemination of information on
education of handicapped (20 U.S.C. 1433).
46. Grants for research and demonstrations relating to physical
education or recreation for handicapped children (20 U.S.C. 1442) and
training of physical educators and recreation personnel (20 U.S.C.
1434).
47. Dropout prevention projects (20 U.S.C. 887).
48. Bilingual education programs (20 U.S.C. 880b-880b-6).
49. Grants to agencies and organizations for Cuban refugees (22
U.S.C. 2601(b)(4)).
50. Grants and contracts for special programs for children with
specific learning disabilities including research and related
activities, training and operating model centers (20 U.S.C. 1461).
51. Curriculum development in vocational and technical education (20
U.S.C. 1391).
52. Establishment, including construction, and operation of a
National Center on Educational Media and Materials for the Handicapped
(20 U.S.C. 1453).
53. Grants and contracts for the development and operation of
experimental preschool and early education programs for handicapped (20
U.S.C. 1423).
54. Grants to public or private non-profit agencies to carry on the
Follow Through Program in kindergarten and elementary schools (42 U.S.C.
2809 (a)(2)).
55. Grants for programs of cooperative education and grants and
contracts for training and research in cooperative education (20 U.S.C.
1087a-1087c).
56. Grants and contracts to encourage the sharing of college
facilities and resources (network for knowledge) (20 U.S.C. 1133-
1133b).
57. Grants, contracts, and fellowships to improve programs preparing
persons for public service and to attract students to public service (20
U.S.C. 1134-1134b).
58. Grants for the improvement of graduate programs (20 U.S.C. 1135-
1135c).
59. Contracts for expanding and improving law school clinical
experience programs (20 U.S.C. 1136-1136b).
60. Exemplary programs and projects in vocational education (20
U.S.C. 1301-1305).
61. Grants to reduce borrowing cost for construction of residential
schools and dormitories (20 U.S.C. 1323).
62. Surplus real and related personal property disposal for
educational purposes (40 U.S.C. 484(k)).
Part 2--Continuing Assistance to State Administered Programs
1. Grants to States for public library service and construction,
interlibrary cooperation and specialized State library services for
certain State institutions and the physically handicapped (20 U.S.C.
351-355).
2. Grants to States for strengthening instruction in academic
subjects (20 U.S.C. 441-444).
3. Grants to States for vocational education (20 U.S.C. 1241-1264).
4. Arrangements with State education agencies for training under the
Manpower Development and Training Act (42 U.S.C. 2601-2602, 2610a).
5. Grants to States to assist in the elementary and secondary
education of children of low-income families (20 U.S.C. 241a-242m).
6. Grants to States to provide for school library resources,
textbooks and other instructional materials for pupils and teachers in
elementary and secondary schools (20 U.S.C. 821-827).
7. Grants to States to strengthen State departments of education (20
U.S.C. 861-870).
8. Grants to States for community service programs (20 U.S.C. 1001-
1011).
9. Grants to States for adult basic education and related research,
teacher training and special projects (20 U.S.C. 1201-1211).
10. Grants to States educational agencies for supplementary
educational centers and services, and guidance, counseling and testing
(20 U.S.C. 841-847).
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11. Grants to States for research and training in vocational
education (20 U.S.C. 1281(b)).
12. Grants to States for exemplary programs and projects in
vocational education (20 U.S.C. 1301-1305).
13. Grants to States for residential vocational education schools
(20 U.S.C. 1321).
14. Grants to States for consumer and homemaking education (20
U.S.C. 1341).
15. Grants to States for cooperative vocational educational program
(20 U.S.C. 1351-1355).
16. Grants to States for vocational work-study programs (20 U.S.C.
1371-1374).
17. Grants to States to attract and qualify teachers to meet
critical teaching shortages (20 U.S.C. 1108-1110c).
18. Grants to States for education of handicapped children (20
U.S.C. 1411-1414).
19. Grants for administration of State plans and for comprehensive
planning to determine construction needs of institutions of higher
education (20 U.S.C. 715(b)).
Appendix B to Part 100--Guidelines for Eliminating Discrimination and
Denial of Services on the Basis of Race, Color, National Origin, Sex,
and Handicap in Vocational Education Programs
I. Scope and Coverage
A. Application of Guidelines
These Guidelines apply to recipients of any Federal financial
assistance from the Department of Education that offer or administer
programs of vocational education or training. This includes State agency
recipients.
B. Definition of Recipient
The definition of recipient of Federal financial assistance is
established by Department regulations implementing Title VI, Title IX,
and Section 504 (34 CFR 100.13(i), 106.2(h), 104.3(f).
For the purposes of Title VI:
The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision, any
public or private agency, institution, or organization, or other entity,
or any individual, in any State, to whom Federal financial assistance is
extended, directly or through another recipient, for any program,
including any successor, assignee, or transferee thereof, but such terms
does not include any ultimate beneficiary [e.g., students] under any
such program. (34 CFR 100.13(i)).
For the purposes of Title IX:
Recipient means any State or political subdivision thereof, or any
instrumentality of a State or political subdivision thereof, any public
or private agency, institution, or organization, or other entity, or any
person to whom Federal financial assistance is extended, directly or
through another recipient and which operates an education program or
activity which receives or benefits from such assistance, including any
subunit, successor, assignee, or transferee thereof. (34 CFR 106.2(h)).
For the purposes of Section 504:
Recipient means any State or its political subdivision any
instrumentality of a State or its political subdivision, any public or
private agency, institution, or organization, or other entity, or any
person to which Federal financial assistance is extended, directly or
through another recipient, including any successor, assignee, or
transferee of a recipient, but excluding the ultimate beneficiary of the
assistance. (34 CFR 104.3(f)).
C. Examples of Recipients Covered by These Guidelines
The following education agencies, when they provide vocational
education, are examples of recipients covered by these Guidelines:
1. The board of education of a public school district and its
administrative agency.
2. The administrative board of a specialized vocational high school
serving students from more than one school district.
3. The administrative board of a technical or vocational school that
is used exclusively or principally for the provision of vocational
education to persons who have completed or left high school (including
persons seeking a certificate or an associate degree through a
vocational program offered by the school) and who are available for
study in preparation for entering the labor market.
4. The administrative board of a postsecondary institution, such as
a technical institute, skill center, junior college, community college,
or four year college that has a department or division that provides
vocational education to students seeking immediate employment, a
certificate or an associate degree.
5. The administrative board of a proprietary (private) vocational
education school.
6. A State agency recipient itself operating a vocational education
facility.
D. Examples of Schools to Which These Guidelines Apply
The following are examples of the types of schools to which these
Guidelines apply.
1. A junior high school, middle school, or those grades of a
comprehensive high school that offers instruction to inform, orient, or
prepare students for vocational education at the secondary level.
2. A vocational education facility operated by a State agency.
3. A comprehensive high school that has a department exclusively or
principally used
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for providing vocational education; or that offers at least one
vocational program to secondary level students who are available for
study in preparation for entering the labor market; or that offers adult
vocational education to persons who have completed or left high school
and who are available for study in preparation for entering the labor
market.
4. A comprehensive high school, offering the activities described
above, that recieves students on a contract basis from other school
districts for the purpose of providing vocational education.
5. A specialized high school used exclusively or principally for the
provision of vocational education, that enrolls students form one or
more school districts for the purpose of providing vocational education.
6. A technical or vocational school that primarily provides
vocational education to persons who have completed or left high school
and who are available for study in preparation for entering the labor
market, including students seeking an associate degree or certificate
through a course of vocational instruction offered by the school.
7. A junior college, a community college, or four-year college that
has a department or division that provides vocational education to
students seeking immediate employment, an associate degree or a
certificate through a course of vocational instruction offered by the
school.
8. A proprietary school, licensed by the State that offers
vocational education.
Note: Subsequent sections of these Guidelines may use the term
secondary vocational education center in referring to the institutions
described in paragraphs 3, 4 and 5 above or the term postsecondary
vocational education center in referring to institutions described in
paragraphs 6 and 7 above or the term vocational education center in
referring to any or all institutions described above.
II. Responsibilities Assigned Only to State Agency Recipients
A. Responsibilities of All State Agency Recipients
State agency recipients, in addition to complying with all other
provisions of the Guidelines relevant to them, may not require, approve
of, or engage in any discrimination or denial of services on the basis
of race, color, national origin, sex, or handicap in performing any of
the following activities:
1. Establishment of criteria or formulas for distribution of Federal
or State funds to vocational education programs in the State;
2. Establishment of requirements for admission to or requirements
for the administration of vocational education programs;
3. Approval of action by local entities providing vocational
education. (For example, a State agency must ensure compliance with
Section IV of these Guidelines if and when it reviews a vocational
education agency decision to create or change a geographic service
area.);
4. Conducting its own programs. (For example, in employing its staff
it may not discriminate on the basis of sex or handicap.)
B. State Agencies Performing Oversight Responsibilities
The State agency responsible for the administration of vocational
education programs must adopt a compliance program to prevent, identify
and remedy discrimination on the basis of race, color, national origin,
sex or handicap by its subrecipients. (A ``subrecipient,'' in this
context, is a local agency or vocational education center that receives
financial assistance through a State agency.) This compliance program
must include:
1. Collecting and analyzing civil rights related data and
information that subrecipients compile for their own purposes or that
are submitted to State and Federal officials under existing authorities;
2. Conducting periodic compliance reviews of selected subrecipients
(i.e., an investigation of a subrecipient to determine whether it
engages in unlawful discrimination in any aspect of its program); upon
finding unlawful discrimination, notifying the subrecipient of steps it
must take to attain compliance and attempting to obtain voluntary
compliance;
3. Providing technical assistance upon request to subrecipients.
This will include assisting subrecipients to identify unlawful
discrimination and instructing them in remedies for and prevention of
such discrimination;
4. Periodically reporting its activities and findings under the
foregoing paragraphs, including findings of unlawful discrimination
under paragraph 2, immediately above, to the Office for Civil Rights.
State agencies are not required to terminate or defer assistance to
any subrecipient. Nor are they required to conduct hearings. The
responsibilities of the Office for Civil Rights to collect and analyze
data, to conduct compliance reviews, to investigate complaints and to
provide technical assistance are not diminished or attenuated by the
requirements of Section II of the Guidelines.
C. Statement of Procedures and Practices
Within one year from the publication of these Guidelines in final
form, each State agency recipient performing oversight responsibilities
must submit to the Office for Civil Rights the methods of administration
and related procedures it will follow to comply with the requirements
described in paragraphs A and B immediately above. The Department will
review each submission and will promptly either approve it, or return it
to State officials for revision.
[[Page 319]]
III. Distribution of Federal Financial Assistance and Other Funds for
Vocational Education
A. Agency Responsibilities
Recipients that administer grants for vocational education must
distribute Federal, State, or local vocational education funds so that
no student or group of students is unlawfully denied an equal
opportunity to benefit from vocational education on the basis of race,
color, national origin, sex, or handicap.
B. Distribution of Funds
Recipients may not adopt a formula or other method for the
allocation of Federal, State, or local vocational education funds that
has the effect of discriminating on the basis of race, color, national
origin, sex, or handicap. However, a recipient may adopt a formula or
other method of allocation that uses as a factor race, color, national
origin, sex, or handicap [or an index or proxy for race, color, national
origin, sex, or handicap e.g., number of persons receiving Aid to
Families with Dependent Children or with limited English speaking
ability] if the factor is included to compensate for past discrimination
or to comply with those provisions of the Vocational Education
Amendments of 1976 designed to assist specified protected groups.
C. Example of a Pattern Suggesting Unlawful Discrimination
In each State it is likely that some local recipients will enroll
greater proportions of minority students in vocational education than
the State-wide proportion of minority students in vocational education.
A funding formula or other method of allocation that results in such
local recipients receiving per-pupil allocations of Federal or State
vocational education funds lower than the State-wide average per-pupil
allocation will be presumed unlawfully discriminatory.
D. Distribution Through Competitive Grants or Contracts
Each State agency that establishes criteria for awarding competitive
vocational education grants or contracts must establish and apply the
criteria without regard to the race, color, national origin, sex, or
handicap of any or all of a recipient's students, except to compensate
for past discrimination.
E. Application Processes for Competitive or Discretionary Grants
State agencies must disseminate information needed to satisfy the
requirements of any application process for competitive or discretionary
grants so that all recipients, including those having a high percentage
of minority or handicapped students, are informed of and able to seek
funds. State agencies that provide technical assistance for the
completion of the application process must provide such assistance
without discrimination against any one recipient or class of recipients.
F. Alteration of Fund Distribution to Provide Equal Opportunity
If the Office for Civil Rights finds that a recipient's system for
distributing vocational education funds unlawfully discriminates on the
basis of race, color, national origin, sex, or handicap, it will require
the recipient to adopt an alternative nondiscriminatory method of
distribution. The Office for Civil Rights may also require the recipient
to compensate for the effects of its past unlawful discrimination in the
distribution of funds.
IV. Access and Admission of Students To Vocational Education Programs
A. Recipient Responsibilities
Criteria controlling student eligibility for admission to vocational
education schools, facilities and programs may not unlawfully
discriminate on the basis of race, color, national origin, sex, or
handicap. A recipient may not develop, impose, maintain, approve, or
implement such discriminatory admissions criteria.
B. Site Selection for Vocational Schools
State and local recipients may not select or approve a site for a
vocational education facility for the purpose or with the effect of
excluding, segregating, or otherwise discriminating against students on
the basis of race, color, or national origin. Recipients must locate
vocational education facilities at sites that are readily accessible to
both nonminority and minority communities, and that do not tend to
identify the facility or program as intended for nonminority or minority
students.
C. Eligibility for Admission to Vocational Education Centers Based on
Residence
Recipients may not establish, approve or maintain geographic
boundaries for a vocational education center service area or attendance
zone, (hereinafter ``service area''), that unlawfully exclude students
on the basis of race, color, or national origin. The Office for Civil
Rights will presume, subject to rebuttal, that any one or combination of
the following circumstances indicates that the boundaries of a given
service area are unlawfully constituted:
1. A school system or service area contiguous to the given service
area, contains minority or nonminority students in substantially greater
proportion than the given service area;
[[Page 320]]
2. A substantial number of minority students who reside outside the
given vocational education center service area, and who are not eligible
for the center reside, nonetheless, as close to the center as a
substantial number of non-minority students who are eligible for the
center;
3. The over-all vocational education program of the given service
area in comparison to the over-all vocational education program of a
contiguous school system or service area enrolling a substantially
greater proportion of minority students:
(a) Provides its students with a broader range of curricular
offerings, facilities and equipment; or (b) provides its graduates
greater opportunity for employment in jobs:
(i) For which there is a demonstrated need in the community or
region; (ii) that pay higher entry level salaries or wages; or (iii)
that are generally acknowledged to offer greater prestige or status.
D. Additions and Renovations to Existing Vocational Education Facilities
A recipient may not add to, modify, or renovate the physical plant
of a vocational education facility in a manner that creates, maintains,
or increases student segregation on the basis of race, color, national
origin, sex, or handicap.
E. Remedies for Violations of Site Selection and Geographic Service Area
Requirements
If the conditions specified in paragraphs IV, A, B, C, or D,
immediately above, are found and not rebutted by proof of
nondiscrimination, the Office for Civil Rights will require the
recipient(s) to submit a plan to remedy the discrimination. The
following are examples of steps that may be included in the plan, where
necessary to overcome the discrimination:
(1) Redrawing of the boundaries of the vocational education center's
service area to include areas unlawfully excluded and/or to exclude
areas unlawfully included; (2) provision of transportation to students
residing in areas unlawfully excluded; (3) provision of additional
programs and services to students who would have been eligible for
attendance at the vocational education center but for the discriminatory
service area or site selection; (4) reassignment of students; and (5)
construction of new facilities or expansion of existing facilities.
F. Eligibility for Admission to Secondary Vocational Education Centers
Based on Numerical Limits Imposed on Sending Schools
A recipient may not adopt or maintain a system for admission to a
secondary vocational education center or program that limits admission
to a fixed number of students from each sending school included in the
center's service area if such a system disproportionately excludes
students from the center on the basis of race, sex, national origin or
handicap. (Example: Assume 25 percent of a school district's high school
students are black and that most of those black students are enrolled in
one high school; the white students, 75 percent of the district's total
enrollment, are generally enrolled in the five remaining high schools.
This paragraph prohibits a system of admission to the secondary
vocational education center that limits eligibility to a fixed and equal
number of students from each of the district's six high schools.)
G. Remedies for Violation of Eligibility Based on Numerical Limits
Requirements
If the Office for Civil Rights finds a violation of paragraph F,
above, the recipient must implement an alternative system of admissions
that does not disproportionately exclude students on the basis of race,
color, national origin, sex, or handicap.
H. Eligibility for Admission to Vocational Education Centers, Branches
or Annexes Based Upon Student Option
A vocational education center, branch or annex, open to all students
in a service area and predominantly enrolling minority students or
students of one race, national origin or sex, will be presumed
unlawfully segregated if:
(1) It was established by a recipient for members of one race,
national origin or sex; or (2) it has since its construction been
attended primarily by members of one race, national origin or sex; or
(3) most of its program offerings have traditionally been selected
predominantly by members of one race, national origin or sex.
I. Remedies for Facility Segregation Under Student Option Plans
If the conditions specified in paragraph IV-H are found and not
rebutted by proof of nondiscrimination, the Office for Civil Rights will
require the recipient(s) to submit a plan to remedy the segregation. The
following are examples of steps that may be included in the plan, where
necessary to overcome the discrimination:
(1) Elimination of program duplication in the segregated facility
and other proximate vocational facilities; (2) relocation or
``clustering'' of programs or courses; (3) adding programs and courses
that traditionally have been identified as intended for members of a
particular race, national origin or sex to schools that have
traditionally served members of the other sex or traditionally served
persons of a different race or national origin; (4) merger of programs
into one facility through school closings or new construction;
[[Page 321]]
(5) intensive outreach recruitment and counseling; (6) providing free
transportation to students whose enrollment would promote desegregation.
J. [Reserved]
K. Eligibility Based on Evaluation of Each Applicant Under Admissions
Criteria
Recipients may not judge candidates for admission to vocational
education programs on the basis of criteria that have the effect of
disproportionately excluding persons of a particular race, color,
national origin, sex, or handicap. However, if a recipient can
demonstrate that such criteria have been validated as essential to
participation in a given program and that alternative equally valid
criteria that do not have such a disproportionate adverse effect are
unavailable, the criteria will be judged nondiscriminatory. Examples of
admissions criteria that must meet this test are past academic
performance, record of disciplinary infractions, counselors' approval,
teachers' recommendations, interest inventories, high school diplomas
and standardized tests, such as the Test of Adult Basic Education
(TABE).
An introductory, preliminary, or exploratory course may not be
established as a prerequisite for admission to a program unless the
course has been and is available without regard to race, color, national
origin, sex, and handicap. However, a course that was formerly only
available on a discriminatory basis may be made a prerequisite for
admission to a program if the recipient can demonstrate that:
(a) The course is essential to participation in the program; and (b)
the course is presently available to those seeking enrollment for the
first time and to those formerly excluded.
L. Eligibility of National Origin Minority Persons With Limited English
Language Skills
Recipients may not restrict an applicant's admission to vocational
education programs because the applicant, as a member of a national
origin minority with limited English language skills, cannot participate
in and benefit from vocational instruction to the same extent as a
student whose primary language is English. It is the responsibility of
the recipient to identify such applicants and assess their ability to
participate in vocational instruction.
Acceptable methods of identification include: (1) Identification by
administrative staff, teachers, or parents of secondary level students;
(2) identification by the student in postsecondary or adult programs;
and (3) appropriate diagnostic procedures, if necessary.
Recipients must take steps to open all vocational programs to these
national origin minority students. A recipient must demonstrate that a
concentration of students with limited English language skills in one or
a few programs is not the result of discriminatory limitations upon the
opportunities available to such students.
M. Remedial Action in Behalf of Persons With Limited English Language
Skills
If the Office for Civil Rights finds that a recipient has denied
national origin minority persons admission to a vocational school or
program because of their limited English language skills or has assigned
students to vocational programs solely on the basis of their limited
English language skills, the recipient will be required to submit a
remedial plan that insures national origin minority students equal
access to vocational education programs.
N. Equal Access for Handicapped Students
Recipients may not deny handicapped students access to vocational
education programs or courses because of architectural or equipment
barriers, or because of the need for related aids and services or
auxiliary aids. If necessary, recipients must:
(1) Modify instructional equipment; (2) modify or adapt the manner
in which the courses are offered; (3) house the program in facilities
that are readily accessible to mobility impaired students or alter
facilities to make them readily accessible to mobility impaired
students; and (4) provide auxiliary aids that effectively make lectures
and necessary materials available to postsecondary handicapped students;
(5) provide related aids or services that assure secondary students an
appropriate education.
Academic requirements that the recipient can demonstrate are
essential to a program of instruction or to any directly related
licensing requirement will not be regarded as discriminatory. However,
where possible, a recipient must adjust those requirements to the needs
of individual handicapped students.
Access to vocational programs or courses may not be denied
handicapped students on the ground that employment opportunities in any
occupation or profession may be more limited for handicapped persons
than for non-handicapped persons.
O. Public Notification
Prior to the beginning of each school year, recipients must advise
students, parents, employees and the general public that all vocational
opportunities will be offered without regard to race, color, national
origin, sex, or handicap. Announcement of this policy of
[[Page 322]]
non-discrimination may be made, for example, in local newspapers,
recipient publications and/or other media that reach the general public,
program beneficiaries, minorities (including national origin minorities
with limited English language skills), women, and handicapped persons. A
brief summary of program offerings and admission criteria should be
included in the announcement; also the name, address and telephone
number of the person designated to coordinate Title IX and Section 504
compliance activity.
If a recipient's service area contains a community of national
origin minority persons with limited English language skills, public
notification materials must be disseminated to that community in its
language and must state that recipients will take steps to assure that
the lack of English language skills will not be a barrier to admission
and participation in vocational education programs.
V. Counseling and Prevocational Programs
A. Recipient Responsibilities
Recipients must insure that their counseling materials and
activities (including student program selection and career/employment
selection), promotional, and recruitment efforts do not discriminate on
the basis of race, color, national origin, sex, or handicap.
B. Counseling and Prospects for Success
Recipients that operate vocational education programs must insure
that counselors do not direct or urge any student to enroll in a
particular career or program, or measure or predict a student's
prospects for success in any career or program based upon the student's
race, color, national origin, sex, or handicap. Recipients may not
counsel handicapped students toward more restrictive career objectives
than nonhandicapped students with similar abilities and interests. If a
vocational program disproportionately enrolls male or female students,
minority or nonminority students, or handicapped students, recipients
must take steps to insure that the disproportion does not result from
unlawful discrimination in counseling activities.
C. Student Recruitment Activities
Recipients must conduct their student recruitment activities so as
not to exclude or limit opportunities on the basis of race, color,
national origin, sex, or handicap. Where recruitment activities involve
the presentation or portrayal of vocational and career opportunities,
the curricula and programs described should cover a broad range of
occupational opportunities and not be limited on the basis of the race,
color, national origin, sex, or handicap of the students or potential
students to whom the presentation is made. Also, to the extent possible,
recruiting teams should include persons of different races, national
origins, sexes, and handicaps.
D. Counseling of Students With Limited English-Speaking Ability or
Hearing Impairments
Recipients must insure that counselors can effectively communicate
with national origin minority students with limited English language
skills and with students who have hearing impairments. This requirement
may be satisfied by having interpreters available.
E. Promotional Activities
Recipients may not undertake promotional efforts (including
activities of school officials, counselors, and vocational staff) in a
manner that creates or perpetuates stereotypes or limitations based on
race, color, national origin, sex or handicap. Examples of promotional
efforts are career days, parents' night, shop demonstrations,
visitations by groups of prospective students and by representatives
from business and industry. Materials that are part of promotional
efforts may not create or perpetuate stereotypes through text or
illustration. To the extent possible they should portray males or
females, minorities or handicapped persons in programs and occupations
in which these groups traditionally have not been represented. If a
recipient's service area contains a community of national origin
minority persons with limited English language skills, promotional
literature must be distributed to that community in its language.
VI. Equal Opportunity in the Vocational Education Instructional Setting
A. Accommodations For Handicapped Students
Recipients must place secondary level handicapped students in the
regular educational environment of any vocational education program to
the maximum extent appropriate to the needs of the student unless it can
be demonstrated that the education of the handicapped person in the
regular environment with the use of supplementary aids and services
cannot be achieved satisfactorily. Handicapped students may be placed in
a program only after the recipient satisfies the provisions of the
Department's Regulation, 34 CFR, part 104, relating to evaluation,
placement, and procedural safeguards. If a separate class or facility is
identifiable as being for handicapped persons, the facility, the
programs, and the services must be comparable to the facilities,
programs, and services offered to nonhandicapped students.
[[Page 323]]
B. Student Financial Assistance
Recipients may not award financial assistance in the form of loans,
grants, scholarships, special funds, subsidies, compensation for work,
or prizes to vocational education students on the basis of race, color,
national origin, sex, or handicap, except to overcome the effects of
past discrimination. Recipients may administer sex restricted financial
assistance where the assistance and restriction are established by will,
trust, bequest, or any similar legal instrument, if the overall effect
of all financial assistance awarded does not discriminate on the basis
of sex. Materials and information used to notify students of
opportunities for financial assistance may not contain language or
examples that would lead applicants to believe the assistance is
provided on a discriminatory basis. If a recipient's service area
contains a community of national origin minority persons with limited
English language skills, such information must be disseminated to that
community in its language.
C. Housing In Residential Postsecondary Vocational Education Centers
Recipients must extend housing opportunities without discrimination
based on race, color, national origin, sex, or handicap. This obligation
extends to recipients that provide on-campus housing and/or that have
agreements with providers of off-campus housing. In particular, a
recipient postsecondary vocational education program that provides on-
campus or off-campus housing to its nonhandicapped students must
provide, at the same cost and under the same conditions, comparable
convenient and accessible housing to handicapped students.
D. Comparable Facilities
Recipients must provide changing rooms, showers, and other
facilities for students of one sex that are comparable to those provided
to students of the other sex. This may be accomplished by alternating
use of the same facilities or by providing separate, comparable
facilities.
Such facilities must be adapted or modified to the extent necessary
to make the vocational education program readily accessible to
handicapped persons.
VII. Work Study, Cooperative Vocational Education, Job Placement, and
Apprentice Training
A. Responsibilities in Cooperative Vocational Education Programs, Work-
Study Programs, and Job Placement Programs
A recipient must insure that: (a) It does not discriminate against
its students on the basis of race, color, national origin, sex, or
handicap in making available opportunities in cooperative education,
work study and job placement programs; and (b) students participating in
cooperative education, work study and job placement programs are not
discriminated against by employers or prospective employers on the basis
of race, color, national origin, sex, or handicap in recruitment,
hiring, placement, assignment to work tasks, hours of employment, levels
of responsibility, and in pay.
If a recipient enters into a written agreement for the referral or
assignment of students to an employer, the agreement must contain an
assurance from the employer that students will be accepted and assigned
to jobs and otherwise treated without regard to race, color, national
origin, sex, or handicap.
Recipients may not honor any employer's request for students who are
free of handicaps or for students of a particular race, color, national
origin, or sex. In the event an employer or prospective employer is or
has been subject to court action involving discrimination in employment,
school officials should rely on the court's findings if the decision
resolves the issue of whether the employer has engaged in unlawful
discrimination.
B. Apprentice Training Programs
A recipient may not enter into any agreement for the provision or
support of apprentice training for students or union members with any
labor union or other sponsor that discriminates against its members or
applicants for membership on the basis of race, color, national origin,
sex, or handicap. If a recipient enters into a written agreement with a
labor union or other sponsor providing for apprentice training, the
agreement must contain an assurance from the union or other sponsor:
(1) That it does not engage in such discrimination against its
membership or applicants for membership; and (2) that apprentice
training will be offered and conducted for its membership free of such
discrimination.
VIII. Employment of Faculty and Staff
A. Employment Generally
Recipients may not engage in any employment practice that
discriminates against any employee or applicant for employment on the
basis of sex or handicap. Recipients may not engage in any employment
practice that discriminates on the basis of race, color, or national
origin if such discrimination tends to result in segregation, exclusion
or other discrimination against students.
B. Recruitment
Recipients may not limit their recruitment for employees to schools,
communities, or companies disproportionately composed of persons of a
particular race, color, national
[[Page 324]]
origin, sex, or handicap except for the purpose of overcoming the
effects of past discrimination. Every source of faculty must be notified
that the recipient does not discriminate in employment on the basis of
race, color, national origin, sex, or handicap.
C. Patterns Of Discrimination
Whenever the Office for Civil Rights finds that in light of the
representation of protected groups in the relevant labor market there is
a significant underrepresentation or overrepresentation of protected
group persons on the staff of a vocational education school or program,
it will presume that the disproportion results from unlawful
discrimination. This presumption can be overcome by proof that qualified
persons of the particular race, color, national origin, or sex, or that
qualified handicapped persons are not in fact available in the relevant
labor market.
D. Salary Policies
Recipients must establish and maintain faculty salary scales and
policy based upon the conditions and responsibilities of employment,
without regard to race, color, national origin, sex or handicap.
E. Employment Opportunities For Handicapped Applicants
Recipients must provide equal employment opportunities for teaching
and administrative positions to handicapped applicants who can perform
the essential functions of the position in question. Recipients must
make reasonable accommodation for the physical or mental limitations of
handicapped applicants who are otherwise qualified unless recipients can
demonstrate that the accommodation would impose an undue hardship.
F. The Effects Of Past Discrimination
Recipients must take steps to overcome the effects of past
discrimination in the recruitment, hiring, and assignment of faculty.
Such steps may include the recruitment or reassignment of qualified
persons of a particular race, national origin, or sex, or who are
handicapped.
G. Staff Of State Advisory Councils Of Vocational Education
State Advisory Councils of Vocational Education are recipients of
Federal financial assistance and therefore must comply with Section VIII
of the Guidelines.
H. Employment at State Operated Vocational Education Centers Through
State Civil-Service Authorities
Where recruitment and hiring of staff for State operated vocational
education centers is conducted by a State civil service employment
authority, the State education agency operating the program must insure
that recruitment and hiring of staff for the vocational education center
is conducted in accordance with the requirements of these Guidelines.
IX. Proprietary Vocational Education Schools
A. Recipient Responsibilities
Proprietary vocational education schools that are recipients of
Federal financial assistance through Federal student assistance programs
or otherwise are subject to all of the requirements of the Department's
regulations and these Guidelines.
B. Enforcement Authority
Enforcement of the provisions of Title IX of the Education
Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 is
the responsibility of the Department of Education. However, authority to
enforce Title VI of the Civil rights Act of 1964 for proprietary
vocational education schools has been delegated to the Veterans
Administration.
When the Office for Civil Rights receives a Title VI complaint
alleging discrimination by a proprietary vocational education school it
will forward the complaint to the Veterans Administration and cite the
applicable requirements of the Department's regulations and these
Guidelines. The complainant will be notified of such action.
[45 FR 30918, May 9, 1980; 45 FR 37426, June 3, 1980]
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