PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS Authority: 20 U.S.C. 7905, unless otherwise noted. Source: 71 FR 15002, Mar. 24, 2006, unless otherwise noted. § 108.1 Purpose. The purpose of this part is to implement the Boy Scouts of America Equal Access Act, 20 U.S.C. 7905. (Authority: 20 U.S.C. 7905) § 108.2 Applicability. This part applies to any public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or limited public forum and that receives funds made available through the Department. (Authority: 20 U.S.C. 7905) § 108.3 Definitions. The following definitions apply to this part: (a) Act (b) Boy Scouts (c) Covered entity (d) Department (e) Designated open forum (f) Elementary school (g) Group officially affiliated with any other Title 36 youth group (h) Group officially affiliated with the Boy Scouts (i) Limited public forum (j) Local educational agency (k) Outside youth or community group (l) Premises or facilities (m) Secondary school (n) State educational agency (o) Title 36 of the United States Code (as a patriotic society) (p) Title 36 youth group (q) To sponsor any group officially affiliated with the Boy Scouts or with any other Title 36 youth group (r) Youth group (Authority: 20 U.S.C. 7905) § 108.4 Effect of State or local law. The obligation of a covered entity to comply with the Act and this part is not obviated or alleviated by any State or local law or other requirement. (Authority: 20 U.S.C. 7905) § 108.5 Compliance obligations. (a) The obligation of covered entities to comply with the Act and this part is not limited by the nature or extent of their authority to make decisions about the use of school premises or facilities. (b) Consistent with the requirements of § 108.6, a covered entity must provide equal access to any group that is officially affiliated with the Boy Scouts or is officially affiliated with any other Title 36 youth group. A covered entity may require that any group seeking equal access inform the covered entity whether the group is officially affiliated with the Boy Scouts or is officially affiliated with any other Title 36 youth group. A covered entity's failure to request this information is not a defense to a covered entity's noncompliance with the Act or this part. (Authority: 20 U.S.C. 7905) § 108.6 Equal access. (a) General. (b) Specific requirements Meetings. (2) Benefits and services. (3) Fees. (4) Terms. (5) Nondiscrimination. (Authority: 20 U.S.C. 7905) § 108.7 Voluntary sponsorship. Nothing in the Act or this part shall be construed to require any school, agency, or school served by an agency to sponsor any group officially affiliated with the Boy Scouts or with any other Title 36 youth group. (Authority: 20 U.S.C. 7905) § 108.8 Assurances. An applicant for funds made available through the Department to which this part applies must submit an assurance that the applicant will comply with the Act and this part. The assurance shall be in effect for the period during which funds made available through the Department are extended. The Department specifies the form of the assurance, including the extent to which assurances will be required concerning the compliance obligations of subgrantees, contractors and subcontractors, and other participants, and provisions that give the United States a right to seek its judicial enforcement. An applicant may incorporate this assurance by reference in subsequent applications to the Department. (Approved by the Office of Management and Budget under control number 1870-0503) (Authority: 20 U.S.C. 7905) § 108.9 Procedures. The procedural provisions applicable to title VI of the Civil Rights Act of 1964, which are found in 34 CFR 100.6 through 100.11 and 34 CFR part 101, apply to this part, except that, notwithstanding these provisions and any other provision of law, no funds made available through the Department shall be provided to any school, agency, or school served by an agency that fails to comply with the Act or this part. (Authority: 20 U.S.C. 7905)