[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Proposed Rules]
[Pages 26463-26471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10567]



[[Page 26463]]

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Part IV





Department of Education





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34 CFR Parts 100, 104, 106, and 110



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

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Proposed 
Rules

[[Page 26464]]


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DEPARTMENT OF EDUCATION

34 CFR Parts 100, 104, 106, and 110

RIN 1870-AA10


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

AGENCY: Office for Civil Rights, Department of Education.

ACTION: Notice of proposed rulemaking.

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

DATES: We must receive your comments on or before July 5, 2000.

ADDRESSES: Address all comments about these proposed regulations to 
Jeanette J. Lim, U.S. Department of Education, 400 Maryland Avenue, 
SW., room 5036 MES, Washington, DC 20202-1100. If you prefer to send 
your comments through the Internet, use the following address: 
[email protected]
    You must include the term ``CRRA'' in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Jeanette J. Lim. Telephone: (202) 205-
5557. If you use a telecommunications device for the deaf (TDD), you 
may call the TDD number at (202) 260-0471 or the Federal Information 
Relay Service at 1-800-877-8339.
    For additional copies of this NPRM, individuals may call OCR's 
Customer Service Team at 202-205-5557 or toll-free at 1-800-421-3481.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to OCR's Customer Service Team listed in the 
preceding paragraph.

SUPPLEMENTARY INFORMATION:

Invitation to Comment

    We invite you to submit comments regarding these proposed 
regulations. To ensure that your comments have maximum effect in 
developing the final regulations, we urge you to identify clearly the 
specific section or sections of the proposed regulations that each of 
your comments addresses and to arrange your comments in the same order 
as the proposed regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
regulations. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations in room 5036, 330 C Street, 
SW., Washington, DC, between the hours of 9:30 a.m. and 5 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, you may call (202) 205-
8113 or (202) 260-9895. If you use a TDD, you may call the Federal 
Information Relay Service at 1-800-877-8339.

Overview

    The Department of Education (Department or ED) proposes to amend 
these civil rights regulations to conform to provisions of the Civil 
Rights Restoration Act (CRRA), regarding the scope of coverage under 
civil rights statutes administered by the Department. These statutes 
include Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000d, et seq. (Title VI), Title IX of the Education Amendments of 
1972, 20 U.S.C. 1681, et seq., (Title IX), Section 504 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (Section 504), 
and the Age Discrimination Act of 1975, 42 U.S.C. 6101, et seq. (Age 
Discrimination Act). Title VI prohibits discrimination on the basis of 
race, color, and national origin in all programs or activities that 
receive Federal financial assistance; Title IX prohibits discrimination 
on the basis of sex in education programs or activities that receive 
Federal financial assistance; Section 504 prohibits discrimination on 
the basis of disability in all programs or activities that receive 
Federal financial assistance; and the Age Discrimination Act prohibits 
discrimination on the basis of age in all programs or activities that 
receive Federal financial assistance.
    The proposed conforming change is to amend each of these 
regulations to add a definition of ``program or activity'' or 
``program'' that adopts the statutory definition of ``program or 
activity'' or ``program'' enacted as part of the CRRA. We believe that 
adding this statutory definition to the regulatory language is the best 
way to avoid confusion on the part of recipients, students, parents, 
and other interested parties about the scope of civil rights coverage. 
This proposal also conforms to a notice of proposed rulemaking (NPRM) 
to establish Title IX common regulations for 24 Federal agencies 
published on October 29, 1999. (64 FR 58568) That proposed common rule 
incorporated the statutory definitions of ``program or activity'' or 
``program'' enacted as part of the CRRA.
    The Department's civil rights regulations, when originally issued 
and implemented, were interpreted by the Department to mean that 
acceptance of Federal assistance by a school resulted in broad 
institutional coverage. In Grove City College v. Bell, 465 U.S. 555, 
571-72 (1984) (Grove City College), the Supreme Court held, in a Title 
IX case, that if the Department provides student financial assistance 
to a college, the Department has jurisdiction to ensure Title IX 
compliance in the specific program receiving the assistance, in this 
case, the student financial aid office, but that the Federal student 
financial assistance would not provide jurisdiction over the entire 
institution. Following the Supreme Court's decision in Grove City 
College, the Department did change its interpretation, but not the 
language, of these regulations to be consistent with the Court's 
restrictive, ``program specific'' definition of ``program or activity'' 
or ``program.'' Since Title IX was patterned after Title VI, Grove City 
College significantly narrowed the scope of jurisdiction of Title VI 
and two other statutes based on it: The Age Discrimination Act and 
Section 504. See S. Rep. No. 100-64, 100th Cong., 1st Sess. 2-3, 11-16 
(1987).
    Then, in 1988, the CRRA was enacted to ``restore the prior 
consistent and long-standing executive branch interpretation and broad, 
institution-wide application of those laws as previously 
administered.'' 20 U.S.C. 1687 note 1. Congress enacted the CRRA in 
order to remedy what it perceived to be a serious narrowing by the 
Supreme Court of a longstanding administrative interpretation of the 
coverage of the regulations. At that time, the Department reinstated 
its broad interpretation to be consistent with the

[[Page 26465]]

CRRA, again without changing the language of the regulations. It was 
and remains the Department's consistent interpretation that--with 
regard to the differences between the interpretation of the regulations 
given by the Supreme Court in Grove City College and the language of 
the CRRA--the CRRA, which took effect upon enactment, superseded the 
Grove City College decision and, therefore, the regulations must be 
read in conformity with the CRRA.
    This interpretation reflects the understanding of Congress, as 
expressed in the legislative history of the CRRA, that the statutory 
definition of ``program or activity'' or ``program'' would take effect 
immediately, by its own force, without the need for Federal agencies to 
amend their existing regulations. S. Rep. No. 100-64 at 32. The 
legislative history also evidences congressional concern about the 
Department's immediate need to address complaints and findings of 
discrimination in federally assisted schools under the CRRA definition 
of ``program or activity,'' citing examples to demonstrate why the CRRA 
was ``urgently'' needed. S. Rep. No. 100-64 at 11-16.
    The proposed regulatory change discussed previously would eliminate 
an issue recently raised by the Third Circuit Court of Appeals in 
Cureton v. NCAA, 198 F. 3d 107 (1999) (Cureton). That court determined 
that, because the Department did not amend its Title VI regulations 
after the CRRA amended Title VI, application of the Department's Title 
VI regulations to disparate impact discrimination claims is ``program 
specific'' (i.e., limited to specific programs in an institution 
affected by the Federal funds), rather than institution-wide (i.e., 
applicable to all of the operations of the institution regardless of 
the use of the Federal funds). The Department disagrees with the 
Cureton decision for the reasons described in this preamble. That 
decision would thwart clearly expressed congressional intent. In any 
event, the proposed regulatory changes would address the concerns 
raised by the Third Circuit in that the regulations would track the 
statutory language and apply to both disparate impact discrimination 
and different treatment discrimination. (``Different treatment,'' i.e., 
intentional discrimination, refers to policies or practices that treat 
individuals differently based on their race, color, national origin, 
sex, disability, or age, as applicable. That different treatment is 
generally barred by the civil rights statutes and regulations. 
``Disparate impact'' refers to criteria or methods of administration 
that have a significant disparate effect on individuals based on race, 
color, national origin, sex, disability, or age, as applicable. Those 
criteria or practices may constitute impermissible discrimination based 
on legal standards that include consideration of their educational 
necessity.)
    The statutory definition, which is being incorporated into the 
regulations, addresses four broad categories of recipients: (1) State 
or local governmental entities. (2) Colleges, universities, other 
postsecondary educational institutions, public systems of higher 
education, local educational agencies (LEAs), systems of vocational 
education, and other school systems. (3) Private entities, such as 
corporations, partnerships, and sole proprietorships, including those 
whose principal business is providing education. (4) Entities that are 
established by a combination of two or more of the first three types of 
entities.
    Under the first part of the definition, if State and local 
governmental entities receive financial assistance from the Department, 
the ``program or activity'' or ``program'' in which discrimination is 
prohibited includes all of the operations of any State or local 
department or agency to which the Federal assistance is extended. For 
example, if the Department provides financial assistance to a State 
educational agency, all of the agency's operations are subject to the 
nondiscrimination requirements of the regulations. In addition, 
``program or activity'' or ``program'' also includes all of the 
operations of the entity of a State or local government that 
distributes the Federal assistance to another State or local 
governmental agency or department and all of the operations of the 
State or local governmental entity to which the financial assistance is 
extended. For example, if the Department provides financial assistance 
under Title I of the Elementary and Secondary Education Act to a State 
educational agency and the State educational agency distributes the 
financial assistance to a local educational agency, then all of the 
operations of the State educational agency are subject to the 
nondiscrimination requirements of the regulations, and all of the 
operations of the local educational agency are covered.
    Under the second part of the definition of ``program or activity'' 
or ``program,'' if colleges, universities, other postsecondary 
institutions, public systems of higher education, local educational 
agencies, systems of vocational education, or other public or private 
schools or school systems receive financial assistance from the 
Department, all of their operations are subject to the 
nondiscrimination requirements of the regulations. For example, if a 
public school district receives funds from the Department under the 
Safe and Drug Free Schools and Communities Act, the entire school 
district is covered, not just the district's Safe and Drug Free Schools 
and Communities component. Additionally, for example, if a college or 
university receives student financial assistance from the Department, 
all of the operations of the college or university are covered, not 
solely the operations of the student financial assistance office. In 
addition, the legislative history of the CRRA made it clear that ``all 
of the operations'' was not limited to traditional educational 
operations, but was intended to include other benefits and services of 
the educational institution, such as faculty and student housing, 
campus shuttle bus services, and commercial activities, such as 
cafeterias and bookstores.
    Under the third part of the definition, in the case of private 
entities not already listed under the second part of the definition, if 
the federally assisted entity or organization is principally engaged in 
the business of education (or health care, housing, social services, or 
parks and recreation), then the entire corporation, partnership, or 
other private organization or sole proprietorship is the covered 
``program or activity'' or ``program.'' For example, if an individual 
elementary or secondary school that is neither part of an LEA nor part 
of an assisted private ``school system'' receives financial assistance 
from the Department, the school will be covered on an institution-wide 
basis under this portion of the definition of ``program or activity'' 
or ``program'' because it is an entity principally engaged in the 
business of providing education. For example, if a proprietary trade 
school receives student financial assistance from the Department, all 
of its operations are covered by the nondiscrimination requirements of 
the regulations.
    Also under the third part of the definition, if a private entity is 
not principally engaged in the business of education or health care, 
housing, social services, or parks and recreation and the Department 
extends financial assistance to the private entity ``as a whole,'' all 
of the private entity's operations at all of its locations would be 
covered. If the Department were to extend general assistance, that is, 
assistance that is not designated for a particular purpose, to this 
type of corporation or other private entity, that would be considered 
financial assistance to the private entity

[[Page 26466]]

``as a whole.'' In other instances in which a geographically separate 
facility receives assistance under the third part of this definition, 
the coverage would be limited to the geographically separate facility 
that receives the assistance.
    Under the fourth part of the definition, if an entity of a type not 
already covered by one of the first three parts of the definition is 
established by two or more of the entities listed under the first three 
parts of the definition, then all of the operations of that new entity 
are covered. Under the illustrative example in the legislative history, 
a public school district (an entity listed under the second part of the 
definition) and a private corporation (an entity listed under the third 
part of the definition) may establish a new company, which is a public-
private partnership designed to provide remediation, training, and 
employment to high school students who are at risk of dropping out of 
school. If the new company applied for and received financial 
assistance from the Department, then, as an entity listed under the 
fourth part of the definition, all of its operations would be covered, 
even if the assistance from the Department went only to one division or 
component of the new company.
    The proposed regulations also would modify or delete some existing 
sections of the Department regulations that have become superfluous 
following the CRRA enactment, to conform with the CRRA definitions of 
``program or activity'' or ``program.'' These proposed regulations 
would not change the requirements of the existing regulations. This is 
consistent with the approach in the Title IX common rule NPRM in which 
it was noted that regulatory language in ED's Title IX regulations made 
superfluous by the enactment of the CRRA was omitted in that proposed 
rule (64 FR 58571).
    The Department's Title IX regulations, promulgated in 1975, defined 
``recipient'' as an entity ``to whom Federal financial assistance is 
extended directly or through another recipient and that operates an 
education program or activity that receives or benefits from such 
assistance.'' At that time, the words ``or benefits from'' were 
necessary to clarify that all of the operations of a university or 
other educational institution that receives Federal funds-- not just 
the particular programs receiving financial assistance--are covered by 
Title IX's nondiscrimination requirements. As previously discussed, 
this interpretation was rejected by the Supreme Court in 1984 in Grove 
City College, which held that Federal student financial aid established 
Title IX jurisdiction only over the financial aid program, not the 
entire institution. However, Congress' 1988 enactment of the CRRA 
counteracted this decision by defining ``program or activity'' and 
``program'' to provide expressly that Title IX covers all educational 
programs of a recipient institution. Because of this statutory change, 
the words ``or benefits from'' are no longer necessary as a regulatory 
matter. For the same reason, we propose to delete the words ``or 
benefits from'' from the Section 504 regulations. These deletions do 
not affect the reach of Title IX or Section 504.
    The Department of Education's existing Title VI regulations, 
promulgated in 1964 by the Department of Health, Education, and Welfare 
in 29 FR 16298 and 29 FR 16988 and in 1965 in 30 FR 16988, include an 
assurance requirement for institutions in Sec. 100.4(d)(2) that has 
created confusion with regard to the scope of ``program or activity'' 
and ``program'' under Title VI. One example is the previously 
referenced decision in Cureton. The current provision states, in part, 
``The assurance * * * shall be applicable to the entire institution 
unless the applicant establishes, to the satisfaction of the 
responsible Department official, that the institution's practices in 
designated parts or programs of the institution will in no way affect 
its practices in the program of the institution for which Federal 
financial assistance is sought * * *.'' (34 CFR 100.4(d)(2)) This NPRM 
proposes to delete that portion of the assurance to avoid any further 
confusion. As previously stated, it was appropriate to apply the CRRA 
statutory definition of ``program or activity'' to the regulations. For 
the same reasons, portions of the illustrations in Sec. 100.5 (b) and 
(d) would be deleted, since they could create similar confusion. 
Specifically, current Sec. 100.5(b) states that, with regard to 
university graduate research, training, demonstration, or other grants, 
``the prohibition extends to the entire university unless it satisfies 
the responsible Department official that practices with respect to 
other parts or programs of the university will not interfere, directly 
or indirectly, with fulfillment of the assurance required with respect 
to the graduate school.'' Similarly, current Sec. 100.5(d) states that 
``In construction grants the assurances required will be adapted to the 
nature of the activities to be conducted in the facilities for 
construction of which the grants have been authorized by Congress.'' 
These proposed deletions would not affect the reach of Title VI.
    In addition, we are proposing conforming changes that delete 
references to ``program'' or ``program or activity'' in the existing 
regulations that do not refer to the CRRA broad definition of that 
phrase and to continue the longstanding Department interpretation of 
the statutes and regulations. For example, in some instances, we have 
proposed to delete ``program'' or ``program or activity'' and 
substitute ``Federal financial assistance'' or ``aids, benefits, or 
services.'' In others, we have proposed to change ``programs and 
activities'' to ``programs or activities'' to conform the regulations 
to the phrase used in the CRRA--when it is used in the broad manner 
defined in the CRRA. We have not proposed to modify the term 
``activity'' when it appears separately from the phrase ``program or 
activity'' and is used in a manner unrelated to the CRRA phrase 
``program or activity.''
    It is important to note that the proposed changes would not in any 
way alter the requirement of the CRRA that a proposed or effectuated 
fund termination be limited to the particular program or programs ``or 
part thereof'' that discriminates or, as appropriate, to all of the 
programs that are infected by the discriminatory practices. See S. Rep. 
No. 100-64, at 20 (``The [CRRA] defines `program' in the same manner as 
`program or activity,' and leaves intact the `or part thereof' 
pinpointing language.'').
    We propose to replace the current definition of ``program'' in 34 
CFR 100.13 with the proposed definition of ``program or activity'' and 
``program.'' We propose to add the definition of ``program or 
activity'' and ``program'' to 34 CFR 106.2. We propose to add the 
definition of ``program or activity'' to 34 CFR 104.3 and to 34 CFR 
110.3. Because, as previously explained, the proposed changes merely 
incorporate statutory language and do not alter the Department's 
consistent position that the regulations must be read in conformity 
with the CRRA, the Department views these changes as technical in 
nature. However, the Department is inviting public comment on the 
proposed changes, consistent with its policy of involving interested 
members of the public in its rulemaking process. Conforming changes to 
the nonregulatory guidance in Appendix B of Part 100, Appendix A of 
Part 104, and Appendix A of Part 106 will be published in the Federal 
Register in a separate notice. Nothing in these proposed changes 
affects coverage under the Federal employment nondiscrimination 
statutes, including Title VII of the Civil Rights Act of 1964,

[[Page 26467]]

Title I of the Americans with Disabilities Act, and the Age 
Discrimination in Employment Act.

Executive Order 12866

1. Potential Costs and Benefits

    Under Executive Order 12866, we have assessed the potential costs 
and benefits of this regulatory action.
    The potential costs associated with the proposed regulations are 
those resulting from statutory requirements and those we have 
determined as necessary for administering these programs effectively 
and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this regulatory action, we have determined that 
there probably will be no cost impacts because this regulatory action 
merely clarifies longstanding Department policy and does not change the 
Department's practices in addressing issues of discrimination.
    We have also determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
Summary of Potential Costs and Benefits
    Recently, the Third Circuit Court of Appeals interpreted existing 
regulations inconsistently with the language of the CRRA and our 
existing practices. The Department disagrees with that decision. 
However, these proposed regulations would clarify the Department's 
policy and practice in light of that decision--and would do that only a 
short time after the court decision, thereby ensuring continuity in 
that policy and practice and avoiding changes in the behavior of 
recipients within the Third Circuit that could occur if Federal civil 
rights jurisdiction were changed. Therefore, it is possible that there 
will be no costs associated with the proposed regulations.

2. Clarity of the Regulations

    Executive Order 12866 and the President's Memorandum of June 1, 
1998 on ``Plain Language in Government Writing'' require each agency to 
write regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec. '' and a numbered heading; for example, 
Sec. 100.2 Application of this regulation.)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities. These regulations implement statutory amendments and 
longstanding Department policy.

Paperwork Reduction Act of 1995

    These proposed regulations do not contain any information 
collection requirements.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

Electronic Access to This Document

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

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

To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the PDF, call the U.S. Government Printing 
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, 
area at (202) 512-1530.

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

List of Subjects

34 CFR Part 100

    Administrative practice and procedure, Civil rights.

34 CFR Part 104

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

34 CFR Part 106

    Education, Sex discrimination.

34 CFR Part 110

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

    Dated: March 29, 2000.
Richard W. Riley,
Secretary of Education.
    For the reasons discussed in the preamble, the Secretary proposes 
to amend parts 100, 104, 106, and 110 of title 34 of the Code of 
Federal Regulations as follows:

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

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

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


Sec. 100.2  [Amended]

    2. Section 100.2 is amended by removing the words ``program for 
which'' and adding, in their place, ``program to which'' and removing 
the words ``assisted programs and activities'' and adding, in their 
place, ``financial assistance''.


Sec. 100.3  [Amended]

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


Sec. 100.4  [Amended]

    4. Section 100.4 is amended as follows--
    A. Removing the words ``to carry out a program'' in the first 
sentence of paragraph (a)(1);
    B. Removing the words ``except a program'' and adding, in their 
place, the words ``except an application'' in the first sentence of 
paragraph (a)(1);
    C. Removing the words ``for each program'' and the words ``in the 
program'' in the fifth sentence of paragraph (a)(1);

[[Page 26468]]

    D. Removing the words ``State programs'' and adding, in their 
place, the words ``Federal financial assistance'' in the heading of 
paragraph (b);
    E. Removing the words ``to carry out a program involving'' and 
adding, in their place, the word ``for'' in paragraph (b); and
    F. Revising paragraph (d)(2).
    The revision reads as follows:


Sec. 100.4  Assurances required.

* * * * *
    (d) * * *
    (2) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution.
* * * * *
    5. Section 100.5 is amended as follows--
    A. Revising paragraph (b); and
    B. Removing the last sentence of paragraph (d).
    The revision reads as follows:


Sec. 100.5  Illustrative application.

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


Sec. 100.6  [Amended]

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


Sec. 100.9  [Amended]

    7. Section 100.9(e) is amended by removing the word ``programs'' in 
the first sentence and adding, in its place, the words ``Federal 
assistance statutes''.
    8. Section 100.13 is amended by removing ``for any program,'' and 
``under any such program'' in paragraph (i); removing ``for the purpose 
of carrying out a program'' in paragraph (j); and revising paragraph 
(g) and adding an authority citation following paragraph (g) to read as 
follows:


Sec. 100.13  Definitions.

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

(Authority: 42 U.S.C. 2000d-4)
* * * * *
    9. Appendix A to part 100 is amended by revising the heading of 
part 1 and the heading of part 2 to read as follows:

Appendix A to Part 100--Federal Financial Assistance to Which These 
Regulations Apply

Part 1--Assistance Other Than Continuing Assistance to States

* * * * *

Part 2--Continuing Assistance to States

* * * * *

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

    10. The heading for part 104 is revised to read as set forth above.
    11. The authority citation for part 104 continues to read as 
follows:

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


Sec. 104.2  [Amended]

    12. Section 104.2 is amended by removing the word ``each'' wherever 
it appears and adding, in its place, the word ``the''; and by removing 
the words ``or benefits from''.
    13. Section 104.3 is amended by redesignating paragraphs (k) and 
(l) as paragraphs (l) and (m), respectively; adding a new paragraph 
(k); and adding an authority citation following paragraph (k) to read 
as follows:


Sec. 104.3  Definitions.

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

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

* * * * *
    14. Section 104.4 is amended by--

[[Page 26469]]

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


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

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


Sec. 104.5  [Amended]

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


Sec. 104.8  [Amended]

    17. Section 104.8(a) is amended by removing the words ``programs 
and activities'' in the second sentence and adding, in their place, the 
words ``programs or activities''.


Sec. 104.11  [Amended]

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

Subpart C to Part 104--[Amended]

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


Sec. 104.22  [Amended]

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


Sec. 104.31  [Amended]

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


Sec. 104.33  [Amended]

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


Sec. 104.35  [Amended]

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


Sec. 104.37  [Amended]

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


Sec. 104.38  [Amended]

    25. Section 104.38 is amended by--
    A. Removing the word ``programs'' in the section heading;
    B. Removing the words ``operates a'' and adding, in their place, 
the word ``provides'';
    C. Removing the words ``program or activity or an'' after the word 
``care'' and adding, in their place, the word ``or'';
    D. Removing the words ``program or activity'' after the word 
``education'';
    E. Removing the words ``from the program or activity'';
    F. Revising the word ``aid'' to read ``aids''; and
    G. Removing the words ``under the program or activity''.


Sec. 104.39  [Amended]

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

[[Page 26470]]

Sec. 104.41  [Amended]

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


Sec. 104.43  [Amended]

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


Sec. 104.44  [Amended]

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


Sec. 104.47  [Amended]

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


Sec. 104.51  [Amended]

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

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

    32. The heading for part 106 is revised to read as set forth above.
    33. Section 106.2 is amended by--
    A. Redesignating paragraphs (h) through (r) as paragraphs (i) 
through (s), respectively;
    B. Adding a new paragraph (h) and adding an authority citation 
following paragraph (h); and
    C. Amending redesignated paragraph (i) to remove the words ``or 
benefits from''.
    The addition reads as follows:


Sec. 106.2  Definitions.

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

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

* * * * *


Sec. 106.4  [Amended]

    34. Section 106.4 is amended by removing the word ``each'' and 
adding, in its place, the word ``the'' in the first sentence of 
paragraph (a).


Sec. 106.6  [Amended]

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


Sec. 106.11  [Amended]

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

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

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


Sec. 106.31  [Amended]

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


Sec. 106.40  [Amended]

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


Sec. 106.51  [Amended]

    40. Section 106.51 is amended by removing the words ``or benefits 
from'' in paragraph (a)(1).

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

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

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


Secs. 110.1, 110.20  [Amended]

    42. Remove the words ``programs and activities'' in the last 
sentence of Sec. 110.1 and the first sentence of Sec. 110.20 and add, 
in their place, the words ``programs or activities''.
    43. Section 110.3 is amended by adding in alphabetical order a new 
definition of ``Program or activity'' and adding an authority citation 
following the definition to read as follows:


Sec. 110.3  What definitions apply?

* * * * *
    Program or activity means all of the operations of--
    (a)(1) A department, agency, special purpose district, or other 
instrumentality of a State or local government; or
    (2) The entity of a State or local government that distributes such 
assistance and each such department or agency (and each other State or 
local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (b)(1) A college, university, or other postsecondary institution, 
or a public system of higher education; or

[[Page 26471]]

    (2) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (c)(1) An entire corporation, partnership, other private 
organization, or an entire sole proprietorship--
    (i) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (ii) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (2) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (d) Any other entity that is established by two or more of the 
entities described in paragraph (a), (b), or (c) of this section; any 
part of which is extended Federal financial assistance.

(Authority: 42 U.S.C. 6107)
* * * * *


Secs. 110.16, 110.17  [Amended]

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


Sec. 110.35  [Amended]

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


Sec. 110.37  [Amended]

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

[FR Doc. 00-10567 Filed 5-4-00; 8:45 am]
BILLING CODE 4000-01-U