PART 100—NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Authority: 42 U.S.C. 2000d, 2000d-1, and 2000d-3, unless otherwise noted. Source: 45 FR 30918, May 9, 1980, unless otherwise noted. § 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) § 100.2 Application of this regulation. This regulation applies to any program to which Federal financial assistance is authorized to be extended to a recipient under a law administered by the Department, including the Federal financial assistance 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, or (d) any employment practice, or any employer, employment agency, or labor organization, except to the extent described in § 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) [45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000] § 100.3 Discrimination prohibited. (a) General. (b) Specific discriminatory actions prohibited. (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 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) [Reserved] (3) In determining the site or location of facilities, an applicant or recipient may not make selections with the purpose of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any programs to which this part applies, on the ground of race, color, or national origin; or with the purpose of defeating or substantially impairing the accomplishment of the objectives of the Act or this part. (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. (c) Employment practices. (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) [Reserved] (d) Indian health and Cuban refugee services. (e) Medical emergencies. [45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000; 91 FR 46742, July 24, 2026] § 100.4 Assurances required. (a) General. (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 Federal financial assistance. (c) Elementary and secondary schools. (d) Assurance from institutions. (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. (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) [45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000] § 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. (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. (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 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 part forbids it to accomplish directly. [45 FR 30918, May 9, 1980, as amended at 65 FR 68053, Nov. 13, 2000; 91 FR 46742, July 24, 2026] § 100.6 Compliance information. (a) Cooperation and assistance. (b) Compliance reports. (c) Access to sources of information. (d) Information to beneficiaries and participants. (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; 65 FR 68053, Nov. 13, 2000] § 100.7 Conduct of investigations. (a) Periodic compliance reviews. (b) Complaints. (c) Investigations. (d) Resolution of matters. (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. (Authority: Sec. 601, 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d, 2000d-1) § 100.8 Procedure for effecting compliance. (a) General. (b) Noncompliance with § 100.4. (c) Termination of or refusal to grant or to continue Federal financial assistance. (d) Other means authorized by law. (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) § 100.9 Hearings. (a) Opportunity for hearing. (b) Time and place of hearing. (c) Right to counsel. (d) Procedures, evidence, and record. (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. (Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d-1) [45 FR 30918, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] § 100.10 Decisions and notices. (a) Decisions by hearing examiners. (b) Decisions on record or review by the reviewing authority. (c) Decisions on record where a hearing is waived. (d) Rulings required. (e) Review in certain cases by the Secretary. (f) Content of orders. (g) Post-termination proceedings. (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) § 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) § 100.12 Effect on other regulations; forms and instructions. (a) Effect on other regulations. (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. (c) Supervision and coordination. (Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d-1) § 100.13 Definitions. As used in this part: (a) The term Department (b) The term Secretary (c) The term responsible Department official (d) The term reviewing authority (e) The term United States (f) The term Federal financial assistance (g) The term program or activity program (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship— (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity that is established by two or more of the entities described in paragraph (g)(1), (2), or (3) of this section; any part of which is extended Federal financial assistance. (Authority: 42 U.S.C. 2000d-4) (h) The term facility (i) The term recipient (j) The term primary recipient (k) The term applicant application (Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d-1) [45 FR 30918, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] Appendix A to Part 100—Federal Financial Assistance to Which These Regulations Apply Part 1—Assistance Other Than Continuing Assistance to States 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). 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 States 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). 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)). [45 FR 30918, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000]