Education Programs or Activities Receiving or Benefitting From Federal Financial Assistance, 46655-46666 [2017-20869]

Download as PDF 46655 Rules and Regulations Federal Register Vol. 82, No. 193 Friday, October 6, 2017 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF AGRICULTURE 7 CFR Part 15a RIN 0503–AA60 Education Programs or Activities Receiving or Benefitting From Federal Financial Assistance Office of the Assistant Secretary for Civil Rights, USDA. ACTION: Final rule. AGENCY: This rule updates the regulations required for the enforcement of Title IX of the Education Amendments of 1972, as amended (commonly referred to as ‘‘Title IX’’) for financial assistance from the Department of Agriculture. Title IX prohibits discrimination on the basis of sex in education programs or activities that receive Federal financial assistance. The regulation provides guidance to recipients of Federal financial assistance who administer education programs or activities. The changes made by this rule will promote consistency in the enforcement of Title IX for USDA financial assistance recipients. DATES: Effective: November 6, 2017. FOR FURTHER INFORMATION CONTACT: David King, telephone (202) 720–3808. SUPPLEMENTARY INFORMATION: The purpose of this rule is to update the regulations in 7 CFR part 15a for the enforcement of Title IX (20 U.S.C. 1681– 1683, 1685–1688) as it applies to educational programs and activities that receive Federal financial assistance from USDA. On April 11, 1979, USDA published a final rule (44 FR 21610) to implement USDA’s Title IX regulations, which prohibit discrimination on the basis of sex in educational programs or activities operated by recipients of Federal financial assistance. On August 30, 2000, 20 Federal departments and agencies published a final rule (65 FR 52858) to provide for the enforcement of Title IX by asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 participating Federal agencies that had not previously promulgated Title IX implementing regulations (referred to as the ‘‘common rule’’). The Department of Justice coordinated development of the Title IX common rule, consistent with its responsibility under Executive Order 12250, to ensure the consistent and effective implementation of Title IX and other civil rights laws. USDA, as one of the Federal agencies that had already promulgated Title IX regulations, did not publish new rules to reflect the common rulemaking. Upon further consideration, USDA decided to amend its Title IX regulations to adopt the language of the common rule. USDA’s Title IX regulations have not been updated since 1979 and do not reflect intervening developments, including certain Supreme Court decisions, revisions by the Department of Education and the Department of Justice (‘‘DOJ’’), the Civil Rights Restoration Act of 1987 (Pub. L. 100–259), and various Executive Orders. By harmonizing the provisions of 7 CFR part 15a with the common rule, USDA brings its regulations up-to-date, complies with Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ dated February 24, 2017, follows current guidance from DOJ, and makes it easier for recipients of USDA financial assistance to understand and comply with Title IX requirements. The revisions to 7 CFR part 15a merely conform USDA’s regulations to the Title IX common rule adopted by other federal agencies and reflect changes in the law since USDA published its Title IX regulations in 1979. This rule imposes no new substantive requirements on recipients of USDA financial assistance. As shown in the following ‘‘crosswalk’’ table, some of the provisions of new part 15a (renumbered to correspond to the common rule) appear in different order than in the existing regulations in part 15a: PO 00000 New part 15a Existing part 15a Subpart A 15a.100 15a.105 15a.110 15a.115 15a.120 15a.125 15a.130 15a.135 Frm 00001 Fmt 4700 15a.1 15a.2 15a.3 15a.4 N/A 15a.5 15a.6 15a.7 Sfmt 4700 New part 15a Existing part 15a 15a.140 15a.8 Subpart B 15a.200 15a.205 15a.210 15a.215 15a.220 15a.225 15a.230 15a.235 15a.11 15a.12 15a.13 15a.14 15a.16 15a.17 15a.18 15a.15 Subpart C 15a.300 15a.305 15a.310 15a.21 15a.22 15a.23 Subpart D 15a.400 15a.405 15a.410 15a.415 15a.420 15a.425 15a.430 15a.435 15a.440 15a.445 15a.450 15a.455 15a.31 15a.32 15a.33 15a.34 15a.35 15a.36 15a.37 15a.38 15a.39 15a.40 15a.41 15a.42 Subpart E 15a.500 15a.505 15a.510 15a.515 15a.520 15a.525 15a.530 15a.535 15a.540 15a.545 15a.550 15a.51 15a.52 15a.53 15a.54 15a.55 15a.56 15a.57 15a.58 15a.59 15a.60 15a.61 Subpart F 15a.605 15a.71 Public Comment In general, the Administrative Procedure Act (5 U.S.C. 553) requires that a notice of proposed rulemaking be published in the Federal Register and interested persons be given an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation, except when the rule involves a matter relating to public property, loans, grants, benefits, or contracts. This rule involves benefits E:\FR\FM\06OCR1.SGM 06OCR1 46656 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations and is therefore being published as a final rule without the prior opportunity for comments. asabaliauskas on DSKBBXCHB2PROD with RULES Executive Orders 12866, 13563, 13771, and 13777 Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ established a federal policy to alleviate unnecessary regulatory burdens on the American people. In line with the requirement repeal, replace, or modify regulations, this rule is modifying a regulation for consistency with other related federal regulations and to update the requirements. The Office of Management and Budget (OMB) designated this rule as not significant under Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and therefore, OMB has not reviewed this rule. Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ requires that in order to manage the private costs required to comply with Federal regulations that for every new significant or economically significant regulation issued, the new costs must be offset by the elimination of at least two prior regulations. This rule does not rise to the level required to comply with Executive Order 13771; it is also updating an existing regulation, therefore it is not a new regulation. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA, Pub. L. 104–121), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice and comment rulemaking requirements under the Administrative Procedure Act or any other law, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because, as noted above, it is exempt from notice and comment VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 rulemaking under 5 U.S.C. 553 and therefore, USDA is not required by any law to publish a proposed rule for public comment for this rulemaking. Executive Order 12372 Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs,’’ requires consultation with State and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed federal financial assistance and direct federal development. This rule neither provides federal financial assistance nor direct federal development. It does not provide either grants or cooperative agreements. Therefore, this rule is not subject to Executive Order 12372. Executive Order 12988 This rule has been reviewed under Executive Order 12988, ‘‘Civil Justice Reform.’’ This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule will not have a retroactive effect. Executive Order 13132 This rule has been reviewed under Executive Order 13132, ‘‘Federalism.’’ The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments.’’ Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a governmentto-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 USDA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, USDA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided where requested. The Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104–4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments, or the private sector. Agencies generally need to prepare a written statement, including a costbenefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) SBREFA normally requires that an agency delay the effective date of a major rule for 60 days from the date of publication to allow for Congressional review. This rule is not a major rule under SBREFA. Therefore, USDA is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Therefore, the rule is effective when published in the Federal Register, as discussed above. E-Government Act Compliance USDA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 15a Education, Sex discrimination, Youth organizations. ■ For the reasons discussed above, 7 CFR part 15a is revised to read as follows: E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations PART 15a—EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE 15a.550 Sex as a bona fide occupational qualification. Subpart A—Introduction Sec. 15a.100 Purpose. 15a.105 Definitions. 15a.110 Remedial and affirmative action and self-evaluation. 15a.115 Assurance required. 15a.120 Transfers of property. 15a.125 Effect of other requirements. 15a.130 Effect of employment opportunities. 15a.135 Designation of responsible employee and adoption of grievance procedures. 15a.140 Dissemination of policy. Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688; 42 U.S.C. 7101 et seq.; and 50 U.S.C. 2401 et seq. Subpart A—Introduction § 15a.100 Subpart B—Coverage 15a.200 Application. 15a.205 Educational institutions and other entities controlled by religious organizations. 15a.210 Military and merchant marine educational institutions. 15a.215 Membership practices of certain organizations. 15a.220 Admissions. 15a.225 Educational institutions eligible to submit transition plans. 15a.230 Transition plans. 15a.235 Statutory amendments. Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited 15a.300 Admission. 15a.305 Preference in admission. 15a.310 Recruitment. asabaliauskas on DSKBBXCHB2PROD with RULES Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited 15a.400 Education programs or activities. 15a.405 Housing. 15a.410 Comparable facilities. 15a.415 Access to course offerings. 15a.420 Access to schools operated by LEAs. 15a.425 Counseling and use of appraisal and counseling materials. 15a.430 Financial assistance. 15a.435 Employment assistance to students. 15a.440 Health and insurance benefits and services. 15a.445 Marital or parental status. 15a.450 Athletics. 15a.455 Textbooks and curricular material. Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited 15a.500 Employment. 15a.505 Employment criteria. 15a.510 Recruitment. 15a.515 Compensation. 15a.520 Job classification and structure. 15a.525 Fringe benefits. 15a.530 Marital or parental status. 15a.535 Effect of state or local law or other requirements. 15a.540 Advertising. 15a.545 Pre-employment inquiries. VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 Subpart F—Other Provisions 15a.605 Enforcement procedures. Purpose. The purpose of this part is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part. § 15a.105 Definitions. As used in this part, the term: Administratively separate unit means a school, department, or college of an educational institution (other than a local educational agency) admission to which is independent of admission to any other component of such institution. Admission means selection for parttime, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by a recipient. Applicant means one who submits an application, request, or plan required to be approved by an official of the Federal agency that awards Federal financial assistance, or by a recipient, as a condition to becoming a recipient. Designated agency official means the Secretary of Agriculture or any officer or employees of the Department to whom the Secretary has heretofore delegated, or to whom the Secretary may hereafter delegate, the authority to act for the Secretary under the regulations in this part. Educational institution means a local educational agency (LEA) as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or secondary school, or an applicant or recipient that is an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, as defined in this section. Federal financial assistance means any of the following, when authorized PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 46657 or extended under a law administered by the Federal agency that awards such assistance: (1) A grant or loan of Federal financial assistance, including funds made available for: (i) The acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and (ii) Scholarships, loans, grants, wages, or other funds extended to any entity for payment to or on behalf of students admitted to that entity, or extended directly to such students for payment to that entity. (2) A grant of Federal real or personal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, properly accounted for to the Federal Government. (3) Provision of the services of Federal personnel. (4) Sale or lease of Federal property or any interest therein at nominal consideration, or at consideration reduced for the purpose of assisting the recipient or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration. (5) Any other contract, agreement, or arrangement that has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty. Institution of graduate higher education means an institution that: (1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a certificate of any higher degree in the liberal arts and sciences; (2) Awards any degree in a professional field beyond the first professional degree (regardless of whether the first professional degree in such field is awarded by an institution of undergraduate higher education or professional education); or (3) Awards no degree and offers no further academic study, but operates ordinarily for the purpose of facilitating research by persons who have received the highest graduate degree in any field of study. Institution of professional education means an institution (except any institution of undergraduate higher education) that offers a program of academic study that leads to a first professional degree in a field for which there is a national specialized E:\FR\FM\06OCR1.SGM 06OCR1 asabaliauskas on DSKBBXCHB2PROD with RULES 46658 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations accrediting agency recognized by the Secretary of Education. Institution of undergraduate higher education means: (1) An institution offering at least two but less than four years of college level study beyond the high school level, leading to a diploma or an associate degree, or wholly or principally creditable toward a baccalaureate degree; or (2) An institution offering academic study leading to a baccalaureate degree; or (3) An agency or body that certifies credentials or offers degrees, but that may or may not offer academic study. Institution of vocational education means a school or institution (except an institution of professional or graduate or undergraduate higher education) that has as its primary purpose preparation of students to pursue a technical, skilled, or semiskilled occupation or trade, or to pursue study in a technical field, whether or not the school or institution offers certificates, diplomas, or degrees and whether or not it offers full-time study. 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 that operates an education program or activity that receives such assistance, including any subunit, successor, assignee, or transferee thereof. Student means a person who has gained admission. Title IX means Title IX of the Education Amendments of 1972, Public Law 92–318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681–1688) (except sections 904 and 906 thereof), as amended by section 3 of Public Law 93– 568, 88 Stat. 1855, by section 412 of the Education Amendments of 1976, Public Law 94–482, 90 Stat. 2234, and by Section 3 of Public Law 100–259, 102 Stat. 28, 28–29 (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688). Transition plan means a plan subject to the approval of the Secretary of Education pursuant to section 901(a)(2) of the Education Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational institution operates in making the transition from being an educational institution that admits only students of one sex to being one that admits students of both sexes without discrimination. VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 § 15a.110 Remedial and affirmative action and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination. (b) Affirmative action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in this part shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964–1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966–1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966–1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264. (c) Self-evaluation. Each recipient education institution shall, within one year of the effective date of this part: (1) Evaluate, in terms of the requirements of this part, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and nonacademic personnel working in connection with the recipient’s education program or activity; (2) Modify any of these policies and practices that do not or may not meet the requirements of this part; and (3) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices. (d) Availability of self-evaluation and related materials. Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section. § 15a.115 Assurance required. (a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 awards of Federal financial assistance contain, be accompanied by, or be covered by a specifically identified assurance from the applicant or recipient, satisfactory to the designated agency official, that each education program or activity operated by the applicant or recipient and to which this part applies will be operated in compliance with this part. An assurance of compliance with this part shall not be satisfactory to the designated agency official if the applicant or recipient to whom such assurance applies fails to commit itself to take whatever remedial action is necessary in accordance with § 15a.110(a) to eliminate existing discrimination on the basis of sex or to eliminate the effects of past discrimination whether occurring prior to or subsequent to the submission to the designated agency official of such assurance. (b) Duration of obligation. (1) In the case of Federal financial assistance extended to provide real property or structures thereon, such 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 to provide an education program or activity. (2) In the case of Federal financial assistance extended to provide personal property, such assurance shall obligate the recipient for the period during which it retains ownership or possession of the property. (3) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended. (c) Form. (1) The assurances required by paragraph (a) of this section, which may be included as part of a document that addresses other assurances or obligations, shall include that the applicant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681–1683, 1685– 1688). (2) The designated agency official will specify the extent to which such assurances will be required of the applicant’s or recipient’s subgrantees, contractors, subcontractors, transferees, or successors in interest. § 15a.120 Transfers of property. If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any education program or activity, and the Federal share of the fair market value of E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations the property is not upon such sale or transfer properly accounted for to the Federal Government, both the transferor and the transferee shall be deemed to be recipients, subject to the provisions of §§ 15a.205 through 15a.235(a). § 15a.125 Effect of other requirements. (a) Effect of other Federal provisions. The obligations imposed by this part are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, 3 CFR, 1964–1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966–1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966–1970 Comp., p. 803; as amended by Executive Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public Health Service Act (42 U.S.C. 295m, 298b–2); Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 (29 U.S.C. 206); and any other Act of Congress or Federal regulation. (b) Effect of State or local law or other requirements. The obligation to comply with this part is not obviated or alleviated by any State or local law or other requirement that would render any applicant or student ineligible, or limit the eligibility of any applicant or student, on the basis of sex, to practice any occupation or profession. (c) Effect of rules or regulations of private organizations. The obligation to comply with this part is not obviated or alleviated by any rule or regulation of any organization, club, athletic or other league, or association that would render any applicant or student ineligible to participate or limit the eligibility or participation of any applicant or student, on the basis of sex, in any education program or activity operated by a recipient and that receives Federal financial assistance. § 15a.130 Effect of employment opportunities. asabaliauskas on DSKBBXCHB2PROD with RULES The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex. § 15a.135 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 recipient alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address, and telephone number of the employee or employees appointed pursuant to this paragraph. (b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by this part. § 15a.140 Dissemination of policy. (a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational programs or activities that it operates, and that it is required by Title IX and this part not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the designated agency official finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and this part, but shall state at least that the requirement not to discriminate in education programs or activities extends to employment therein, and to admission thereto unless §§ 15a.300 through 15a.310 do not apply to the recipient, and that inquiries concerning the application of Title IX and this part to such recipient may be referred to the employee designated pursuant to § 15a.135, or to the designated agency official. (2) Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of the date this part first applies to such recipient, which notification shall include publication in: (i) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and (ii) Memoranda or other written communications distributed to every student and employee of such recipient. (b) Publications. (1) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 46659 bulletin, catalog, or application form that it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees. (2) A recipient shall not use or distribute a publication of the type described in paragraph (b)(1) of this section that suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part. (c) Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b)(1) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and shall require such representatives to adhere to such policy. Subpart B—Coverage § 15a.200 Application. Except as provided in §§ 15a.205 through 15a.235(a), this part applies to every recipient and to each education program or activity operated by such recipient that receives Federal financial assistance. § 15a.205 Educational institutions and other entities controlled by religious organizations. (a) Exemption. This part does not apply to any operation of an educational institution or other entity that is controlled by a religious organization to the extent that application of this part would not be consistent with the religious tenets of such organization. (b) Exemption claims. An educational institution or other entity that wishes to claim the exemption set forth in paragraph (a) of this section shall do so by submitting in writing to the designated agency official a statement by the highest-ranking official of the institution, identifying the provisions of this part that conflict with a specific tenet of the religious organization. § 15a.210 Military and merchant marine educational institutions. This part does not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marine. § 15a.215 Membership practices of certain organizations. (a) Social fraternities and sororities. This part does not apply to the membership practices of social fraternities and sororities that are E:\FR\FM\06OCR1.SGM 06OCR1 46660 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership of which consists primarily of students in attendance at institutions of higher education. (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. This part does not apply to the membership practices of the Young Men’s Christian Association (YMCA), the Young Women’s Christian Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls. (c) Voluntary youth service organizations. This part does not apply to the membership practices of a voluntary youth service organization that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has been traditionally limited to members of one sex and principally to persons of less than nineteen years of age. asabaliauskas on DSKBBXCHB2PROD with RULES § 15a.220 Admissions. (a) Admissions to educational institutions prior to June 24, 1973, are not covered by this part. (b) Administratively separate units. For the purposes only of this section, §§ 15a.225 and 15a.230, and §§ 15a.300 through 15a.310, each administratively separate unit shall be deemed to be an educational institution. (c) Application of §§ 15a.300 through 15a.310. Except as provided in paragraphs (d) and (e) of this section, §§ 15a.300 through 15a.310 apply to each recipient. A recipient to which §§ 15a.300 through 15a.310 apply shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 15a.300 through 15a.310. (d) Educational institutions. Except as provided in paragraph (e) of this section as to recipients that are educational institutions, §§ 15a.300 through 15a.310 apply only to institutions of vocational education, professional education, graduate higher education, and public institutions of undergraduate higher education. (e) Public institutions of undergraduate higher education. Sections 15a.300 through 15a.310 do not apply to any public institution of undergraduate higher education that traditionally and continually from its establishment has had a policy of admitting students of only one sex. § 15a.225 Educational institutions eligible to submit transition plans. (a) Application. This section applies to each educational institution to which §§ 15a.300 through 15a.310 apply that: VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 (1) Admitted students of only one sex as regular students as of June 23, 1972; or (2) Admitted students of only one sex as regular students as of June 23, 1965, but thereafter admitted, as regular students, students of the sex not admitted prior to June 23, 1965. (b) Provision for transition plans. An educational institution to which this section applies shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 15a.300 through 15a.310. § 15a.230 Transition plans. (a) Submission of plans. An institution to which § 15a.225 applies and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition plan applicable to each such unit. (b) Content of plans. In order to be approved by the Secretary of Education, a transition plan shall: (1) State the name, address, and Federal Interagency Committee on Education Code of the educational institution submitting such plan, the administratively separate units to which the plan is applicable, and the name, address, and telephone number of the person to whom questions concerning the plan may be addressed. The person who submits the plan shall be the chief administrator or president of the institution, or another individual legally authorized to bind the institution to all actions set forth in the plan. (2) State whether the educational institution or administratively separate unit admits students of both sexes as regular students and, if so, when it began to do so. (3) Identify and describe with respect to the educational institution or administratively separate unit any obstacles to admitting students without discrimination on the basis of sex. (4) Describe in detail the steps necessary to eliminate as soon as practicable each obstacle so identified and indicate the schedule for taking these steps and the individual directly responsible for their implementation. (5) Include estimates of the number of students, by sex, expected to apply for, be admitted to, and enter each class during the period covered by the plan. (c) Nondiscrimination. No policy or practice of a recipient to which § 15a.225 applies shall result in treatment of applicants to or students of such recipient in violation of §§ 15a.300 through 15a.310 unless such treatment is necessitated by an obstacle identified in paragraph (b)(3) of this section and a PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 schedule for eliminating that obstacle has been provided as required by paragraph (b)(4) of this section. (d) Effects of past exclusion. To overcome the effects of past exclusion of students on the basis of sex, each educational institution to which § 15a.225 applies shall include in its transition plan, and shall implement, specific steps designed to encourage individuals of the previously excluded sex to apply for admission to such institution. Such steps shall include instituting recruitment programs that emphasize the institution’s commitment to enrolling students of the sex previously excluded. § 15a.235 Statutory amendments. (a) This section, which applies to all provisions of this part, addresses statutory amendments to Title IX. (b) This part shall not apply to or preclude: (1) Any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; (2) Any program or activity of a secondary school or educational institution specifically for: (i) The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or (ii) The selection of students to attend any such conference; (3) Father-son or mother-daughter activities at an educational institution or in an education program or activity, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided to students of the other sex; (4) Any scholarship or other financial assistance awarded by an institution of higher education to an individual because such individual has received such award in a single-sex pageant based upon a combination of factors related to the individual’s personal appearance, poise, and talent. The pageant, however, must comply with other nondiscrimination provisions of Federal law. (c) Program or activity or program means: (1) All of the operations of any entity described in paragraphs (c)(1)(i) through (iv) of this section, any part of which is extended Federal financial assistance: (i)(A) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) The entity of such State or local government that distributes such E:\FR\FM\06OCR1.SGM 06OCR1 asabaliauskas on DSKBBXCHB2PROD with RULES Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 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; (ii)(A) A college, university, or other postsecondary institution, or a public system of higher education; or (B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship— (1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) 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 (iv) Any other entity that is established by two or more of the entities described in paragraphs (c)(1)(i), (ii), or (iii) of this section. (2)(i) Program or activity does not include any operation of an entity that is controlled by a religious organization if the application of 20 U.S.C. 1681 to such operation would not be consistent with the religious tenets of such organization. (ii) For example, all of the operations of a college, university, or other postsecondary institution, including but not limited to traditional educational operations, faculty and student housing, campus shuttle bus service, campus restaurants, the bookstore, and other commercial activities are part of a ‘‘program or activity’’ subject to this part if the college, university, or other institution receives Federal financial assistance. (d)(1) Nothing in this part shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Medical procedures, benefits, services, and the use of facilities, necessary to save the life of a pregnant woman or to address complications related to an abortion are not subject to this section. (2) Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 because such person or individual is seeking or has received any benefit or service related to a legal abortion. Accordingly, subject to paragraph (d)(1) of this section, no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, employment, or other educational program or activity operated by a recipient that receives Federal financial assistance because such individual has sought or received, or is seeking, a legal abortion, or any benefit or service related to a legal abortion. Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited § 15a.300 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which §§ 15a.300 through 15a.310 apply, except as provided in §§ 15a.225 and 15a.230. (b) Specific prohibitions. (1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 15a.300 through 15a.310 apply shall not: (i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise; (ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or (iii) Otherwise treat one individual differently from another on the basis of sex. (2) A recipient shall not administer or operate any test or other criterion for admission that has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria that do not have such a disproportionately adverse effect are shown to be unavailable. (c) Prohibitions relating to marital or parental status. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 15a.300 through 15a.310 apply: (1) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex; PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 46661 (2) Shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice that so discriminates or excludes; (3) Subject to § 15a.235(d), shall treat disabilities related to pregnancy, childbirth, termination of pregnancy, or recovery therefrom in the same manner and under the same policies as any other temporary disability or physical condition; and (4) Shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is ‘‘Miss’’ or ‘‘Mrs.’’ A recipient may make preadmission inquiry as to the sex of an applicant for admission, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part. § 15a.305 Preference in admission. A recipient to which §§ 15a.300 through 15a.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity that admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of §§ 15a.300 through 15a.310. § 15a.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which §§ 15a.300 through 15a.310 apply shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 15a.110(a), and may choose to undertake such efforts as affirmative action pursuant to § 15a.110(b). (b) Recruitment at certain institutions. A recipient to which §§ 15a.300 through 15a.310 apply shall not recruit primarily or exclusively at educational institutions, schools, or entities that admit as students only or predominantly members of one sex, if such actions have the effect of discriminating on the basis of sex in violation of §§ 15a.300 through 15a.310. Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited § 15a.400 Education programs or activities. (a) General. Except as provided elsewhere in this part, no person shall, E:\FR\FM\06OCR1.SGM 06OCR1 asabaliauskas on DSKBBXCHB2PROD with RULES 46662 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient that receives Federal financial assistance. Sections 15a.400 through 15a.455 do not apply to actions of a recipient in connection with admission of its students to an education program or activity of a recipient to which §§ 15a.300 through 15a.310 do not apply, or an entity, not a recipient, to which §§ 15a.300 through 15a.310 would not apply if the entity were a recipient. (b) Specific prohibitions. Except as provided in §§ 15a.400 through 15a.455, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex: (1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service; (2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner; (3) Deny any person any such aid, benefit, or service; (4) Subject any person to separate or different rules of behavior, sanctions, or other treatment; (5) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for instate fees and tuition; (6) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person that discriminates on the basis of sex in providing any aid, benefit, or service to students or employees; (7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity. (c) Assistance administered by a recipient educational institution to study at a foreign institution. A recipient educational institution may administer or assist in the administration of scholarships, fellowships, or other awards established by foreign or domestic wills, trusts, or similar legal instruments, or by acts of foreign governments and restricted to members of one sex, that are designed to provide opportunities to study abroad, and that are awarded to students who are already matriculating at or who are graduates of the recipient institution; Provided, that a recipient educational institution that administers or assists in the administration of such scholarships, fellowships, or other awards that are restricted to members of VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 one sex provides, or otherwise makes available, reasonable opportunities for similar studies for members of the other sex. Such opportunities may be derived from either domestic or foreign sources. (d) Aids, benefits or services not provided by recipient. (1) This paragraph (d) applies to any recipient that requires participation by any applicant, student, or employee in any education program or activity not operated wholly by such recipient, or that facilitates, permits, or considers such participation as part of or equivalent to an education program or activity operated by such recipient, including participation in educational consortia and cooperative employment and student-teaching assignments. (2) Such recipient: (i) Shall develop and implement a procedure designed to assure itself that the operator or sponsor of such other education program or activity takes no action affecting any applicant, student, or employee of such recipient that this part would prohibit such recipient from taking; and (ii) Shall not facilitate, require, permit, or consider such participation if such action occurs. provided to students of the other sex, is as a whole: (A) Proportionate in quantity; and (B) Comparable in quality and cost to the student. (ii) A recipient may render such assistance to any agency, organization, or person that provides all or part of such housing to students of only one sex. § 15a.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. § 15a.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses. (b)(1) With respect to classes and activities in physical education at the elementary school level, the recipient § 15a.405 Housing. shall comply fully with this section as (a) Generally. A recipient shall not, on expeditiously as possible but in no the basis of sex, apply different rules or event later than one year from the regulations, impose different fees or effective date of these regulations. With requirements, or offer different services respect to physical education classes or benefits related to housing, except as and activities at the secondary and postprovided in this section (including secondary levels, the recipient shall housing provided only to married comply fully with this section as students). expeditiously as possible but in no (b) Housing provided by recipient. (1) event later than three years from the A recipient may provide separate effective date of these regulations. housing on the basis of sex. (2) This section does not prohibit (2) Housing provided by a recipient to grouping of students in physical students of one sex, when compared to education classes and activities by that provided to students of the other ability as assessed by objective sex, shall be as a whole: standards of individual performance (i) Proportionate in quantity to the developed and applied without regard number of students of that sex applying to sex. for such housing; and (3) This section does not prohibit (ii) Comparable in quality and cost to separation of students by sex within the student. physical education classes or activities (c) Other housing. (1) A recipient shall during participation in wrestling, not, on the basis of sex, administer boxing, rugby, ice hockey, football, different policies or practices basketball, and other sports the purpose concerning occupancy by its students of or major activity of which involves housing other than that provided by bodily contact. such recipient. (4) Where use of a single standard of (2)(i) A recipient which, through measuring skill or progress in a physical solicitation, listing, approval of housing, education class has an adverse effect on or otherwise, assists any agency, members of one sex, the recipient shall organization, or person in making use appropriate standards that do not housing available to any of its students, have such effect. shall take such reasonable action as may (5) Portions of classes in elementary be necessary to assure itself that such and secondary schools, or portions of housing as is provided to students of education programs or activities, that one sex, when compared to that deal exclusively with human sexuality PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations may be conducted in separate sessions for boys and girls. (6) Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex. § 15a.420 LEAs. Access to schools operated by A recipient that is a local educational agency shall not, on the basis of sex, exclude any person from admission to: (a) Any institution of vocational education operated by such recipient; or (b) Any other school or educational unit operated by such recipient, unless such recipient otherwise makes available to such person, pursuant to the same policies and criteria of admission, courses, services, and facilities comparable to each course, service, and facility offered in or through such schools. asabaliauskas on DSKBBXCHB2PROD with RULES § 15a.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission. (b) Use of appraisal and counseling materials. A recipient that uses testing or other materials for appraising or counseling students shall not use different materials for students on the basis of their sex or use materials that permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials is shown to be essential to eliminate sex bias. Recipients shall develop and use internal procedures for ensuring that such materials do not discriminate on the basis of sex. Where the use of a counseling test or other instrument results in a substantially disproportionate number of members of one sex in any particular course of study or classification, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination in the instrument or its application. (c) Disproportion in classes. Where a recipient finds that a particular class contains a substantially disproportionate number of individuals of one sex, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination on the basis of sex in counseling or appraisal materials or by counselors. § 15a.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 providing financial assistance to any of its students, a recipient shall not: (1) On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance that is of any particular type or source, apply different criteria, or otherwise discriminate; (2) Through solicitation, listing, approval, provision of facilities, or other services, assist any foundation, trust, agency, organization, or person that provides assistance to any of such recipient’s students in a manner that discriminates on the basis of sex; or (3) Apply any rule or assist in application of any rule concerning eligibility for such assistance that treats persons of one sex differently from persons of the other sex with regard to marital or parental status. (b) Financial aid established by certain legal instruments. (1) A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government that require that awards be made to members of a particular sex specified therein; Provided, that the overall effect of the award of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex. (2) To ensure nondiscriminatory awards of assistance as required in paragraph (b)(1) of this section, recipients shall develop and use procedures under which: (i) Students are selected for award of financial assistance on the basis of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex; (ii) An appropriate sex-restricted scholarship, fellowship, or other form of financial assistance is allocated to each student selected under paragraph (b)(2)(i) of this section; and (iii) No student is denied the award for which he or she was selected under paragraph (b)(2)(i) of this section because of the absence of a scholarship, fellowship, or other form of financial assistance designated for a member of that student’s sex. (c) Athletic scholarships. (1) To the extent that a recipient awards athletic scholarships or grants-in-aid, it must provide reasonable opportunities for such awards for members of each sex in proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 46663 (2) A recipient may provide separate athletic scholarships or grants-in-aid for members of each sex as part of separate athletic teams for members of each sex to the extent consistent with this paragraph (c) and § 15a.450. § 15a.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A recipient that assists any agency, organization, or person in making employment available to any of its students: (1) Shall assure itself that such employment is made available without discrimination on the basis of sex; and (2) Shall not render such services to any agency, organization, or person that discriminates on the basis of sex in its employment practices. (b) Employment of students by recipients. A recipient that employs any of its students shall not do so in a manner that violates §§ 15a.500 through 15a.550. § 15a.440 Health and insurance benefits and services. Subject to § 15a.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate §§ 15a.500 through 15a.550 if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care. § 15a.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex. (b) Pregnancy and related conditions. (1) A recipient shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient. (2) A recipient may require such a student to obtain the certification of a E:\FR\FM\06OCR1.SGM 06OCR1 46664 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations physician that the student is physically and emotionally able to continue participation as long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician. (3) A recipient that operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section, shall ensure that the separate portion is comparable to that offered to non-pregnant students. (4) Subject to § 15a.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan, or policy that such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient’s educational program or activity. (5) In the case of a recipient that does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence for as long a period of time as is deemed medically necessary by the student’s physician, at the conclusion of which the student shall be reinstated to the status that she held when the leave began. asabaliauskas on DSKBBXCHB2PROD with RULES § 15a.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis. (b) Separate teams. Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact. (c) Equal opportunity. (1) A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the designated agency official will consider, among other factors: (i) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (ii) The provision of equipment and supplies; (iii) Scheduling of games and practice time; (iv) Travel and per diem allowance; (v) Opportunity to receive coaching and academic tutoring; (vi) Assignment and compensation of coaches and tutors; (vii) Provision of locker rooms, practice, and competitive facilities; (viii) Provision of medical and training facilities and services; (ix) Provision of housing and dining facilities and services; (x) Publicity. (2) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the designated agency official may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex. (d) Adjustment period. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the elementary school level shall comply fully with this section as expeditiously as possible but in no event later than one year from the effective date of these regulations. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the secondary or postsecondary school level shall comply fully with this section as expeditiously as possible but in no event later than three years from the effective date of these regulations. § 15a.455 material. Textbooks and curricular Nothing in this part shall be interpreted as requiring or prohibiting PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 or abridging in any way the use of particular textbooks or curricular materials. Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited § 15a.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient that receives Federal financial assistance. (2) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way that could adversely affect any applicant’s or employee’s employment opportunities or status because of sex. (3) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by §§ 15a.500 through 15a.550, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient. (4) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity that admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of this part. (b) Application. The provisions of §§ 15a.500 through 15a.550 apply to: (1) Recruitment, advertising, and the process of application for employment; (2) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring; (3) Rates of pay or any other form of compensation, and changes in compensation; (4) Job assignments, classifications, and structure, including position descriptions, lines of progression, and seniority lists; (5) The terms of any collective bargaining agreement; (6) Granting and return from leaves of absence, leave for pregnancy, childbirth, E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave; (7) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training; (9) Employer-sponsored activities, including social or recreational programs; and (10) Any other term, condition, or privilege of employment. § 15a.505 Employment criteria. A recipient shall not administer or operate any test or other criterion for any employment opportunity that has a disproportionately adverse effect on persons on the basis of sex unless: (a) Use of such test or other criterion is shown to predict validly successful performance in the position in question; and (b) Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable. § 15a.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient has been found to be presently discriminating on the basis of sex in the recruitment or hiring of employees, or has been found to have so discriminated in the past, the recipient shall recruit members of the sex so discriminated against so as to overcome the effects of such past or present discrimination. (b) Recruitment patterns. A recipient shall not recruit primarily or exclusively at entities that furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of §§ 15a.500 through 15a.550. asabaliauskas on DSKBBXCHB2PROD with RULES § 15a.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis of sex: (a) Makes distinctions in rates of pay or other compensation; (b) Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 are performed under similar working conditions. § 15a.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or for females; (b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or (c) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 15a.550. § 15a.525 Fringe benefits. (a) ‘‘Fringe benefits’’ defined. For purposes of this part, fringe benefits means: Any medical, hospital, accident, life insurance, or retirement benefit, service, policy or plan, any profitsharing or bonus plan, leave, and any other benefit or service of employment not subject to the provision of § 15a.515. (b) Prohibitions. A recipient shall not: (1) Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe benefits available to spouses, families, or dependents of employees differently upon the basis of the employee’s sex; (2) Administer, operate, offer, or participate in a fringe benefit plan that does not provide for equal periodic benefits for members of each sex and for equal contributions to the plan by such recipient for members of each sex; or (3) Administer, operate, offer, or participate in a pension or retirement plan that establishes different optional or compulsory retirement ages based on sex or that otherwise discriminates in benefits on the basis of sex. § 15a.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take any employment action: (1) Concerning the potential marital, parental, or family status of an employee or applicant for employment that treats persons differently on the basis of sex; or (2) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit. (b) Pregnancy. A recipient shall not discriminate against or exclude from employment any employee or applicant for employment on the basis of pregnancy, childbirth, false pregnancy, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 46665 termination of pregnancy, or recovery therefrom. (c) Pregnancy as a temporary disability. Subject to § 15a.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, recovery therefrom, and any temporary disability resulting therefrom as any other temporary disability for all job-related purposes, including commencement, duration, and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. (d) Pregnancy leave. In the case of a recipient that does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status that she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment. § 15a.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply with §§ 15a.500 through 15a.550 is not obviated or alleviated by the existence of any State or local law or other requirement that imposes prohibitions or limits upon employment of members of one sex that are not imposed upon members of the other sex. (b) Benefits. A recipient that provides any compensation, service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex. § 15a.540 Advertising. A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job in question. § 15a.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is ‘‘Miss’’ or ‘‘Mrs.’’ E:\FR\FM\06OCR1.SGM 06OCR1 46666 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations (b) Sex. A recipient may make preemployment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part. § 15a.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited by §§ 15a.500 through 15a.550 provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section that is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee’s sex in relation to employment in a locker room or toilet facility used only by members of one sex. Subpart F—Other Provisions § 15a.605 Enforcement procedures. The procedural provisions applicable to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) are hereby adopted and applied to this part. These procedures may be found at 7 CFR 15.5– 15.11 and 15.60–15.143. Dated: September 25, 2017. Sonny Perdue, Secretary. [FR Doc. 2017–20869 Filed 10–5–17; 8:45 am] BILLING CODE 3410–9R–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 20 [NRC–2011–0162] RIN 3150–AJ17 asabaliauskas on DSKBBXCHB2PROD with RULES Prompt Remediation of Residual Radioactivity During Operation Nuclear Regulatory Commission. ACTION: Discontinuation of rulemaking activity. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing a rulemaking activity that would have required licensees to remediate residual SUMMARY: VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 radioactivity resulting from licensed activities during facility operations, rather than at license termination. The purpose of this action is to inform members of the public that this rulemaking activity is being discontinued and to provide a brief discussion of the NRC’s decision to discontinue it. This rulemaking activity will no longer be reported in the NRC’s portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda). DATES: This action is effective October 6, 2017. ADDRESSES: Please refer to Docket ID NRC–2011–0162 when contacting the NRC about the availability of information regarding this action. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0162. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time it is mentioned in the SUPPLEMENTARY INFORMATION section. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–5175; email: Robert.MacDougall@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 II. Discussion III. Availability of Documents IV. Conclusion I. Background This action is the culmination of a process of evaluating operating experience and interacting with the public since 2007 to determine whether the NRC should require licensees to remediate, during facility operations, releases of residual radioactivity into the surface and subsurface of their facility sites. Such remediation during operations has come to be known as ‘‘prompt’’ remediation. In order to permit a site to be released for unrestricted use, licensees are currently required to remediate, before license termination, all residual radioactivity at their facility sites to levels that provide reasonable assurance that no member of the public will receive a dose from the decommissioned facility greater than 25 millirem (mrem) per year. As a result of its evaluations and stakeholder interactions, the NRC staff recommended, and the Commission decided, to discontinue further work on a prompt remediation rulemaking. A discussion of this decision is provided in Section II of this document. II. Discussion The Commission first directed the staff to study the potential need for a prompt remediation rulemaking when the Commission approved the proposed decommissioning planning rule (DPR) in 2007. In its staff requirements memorandum (SRM) on that proposed rule (ADAMS Accession No. ML073440549), the Commission directed the staff to ‘‘make further improvements to the decommissioning planning process by addressing the remediation of residual radioactivity during the operational phase with the objective of avoiding complex decommissioning challenges that can lead to legacy sites.’’ In its subsequent Federal Register document (FRN) for the proposed DPR, published January 22, 2008, the Commission defined ‘‘legacy site’’ as ‘‘a facility that is in decommissioning with complex issues and an owner who cannot complete the decommissioning work for technical or financial reasons’’ (73 FR 3813). Such a site could not be released for unrestricted use when the license is terminated, and would therefore require an institution, usually a government agency, to maintain and restrict access to the site to keep doses to members of the public below the individual sitespecific limit approved by the NRC. Under § 20.1402 of title 10 of the Code of Federal Regulations (10 CFR), the E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

DEPARTMENT OF AGRICULTURE

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46655-46666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20869]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules 
and Regulations

[[Page 46655]]



DEPARTMENT OF AGRICULTURE

7 CFR Part 15a

RIN 0503-AA60


Education Programs or Activities Receiving or Benefitting From 
Federal Financial Assistance

AGENCY: Office of the Assistant Secretary for Civil Rights, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule updates the regulations required for the enforcement 
of Title IX of the Education Amendments of 1972, as amended (commonly 
referred to as ``Title IX'') for financial assistance from the 
Department of Agriculture. Title IX prohibits discrimination on the 
basis of sex in education programs or activities that receive Federal 
financial assistance. The regulation provides guidance to recipients of 
Federal financial assistance who administer education programs or 
activities. The changes made by this rule will promote consistency in 
the enforcement of Title IX for USDA financial assistance recipients.

DATES: Effective: November 6, 2017.

FOR FURTHER INFORMATION CONTACT: David King, telephone (202) 720-3808.

SUPPLEMENTARY INFORMATION: The purpose of this rule is to update the 
regulations in 7 CFR part 15a for the enforcement of Title IX (20 
U.S.C. 1681-1683, 1685-1688) as it applies to educational programs and 
activities that receive Federal financial assistance from USDA.
    On April 11, 1979, USDA published a final rule (44 FR 21610) to 
implement USDA's Title IX regulations, which prohibit discrimination on 
the basis of sex in educational programs or activities operated by 
recipients of Federal financial assistance.
    On August 30, 2000, 20 Federal departments and agencies published a 
final rule (65 FR 52858) to provide for the enforcement of Title IX by 
participating Federal agencies that had not previously promulgated 
Title IX implementing regulations (referred to as the ``common rule''). 
The Department of Justice coordinated development of the Title IX 
common rule, consistent with its responsibility under Executive Order 
12250, to ensure the consistent and effective implementation of Title 
IX and other civil rights laws. USDA, as one of the Federal agencies 
that had already promulgated Title IX regulations, did not publish new 
rules to reflect the common rulemaking.
    Upon further consideration, USDA decided to amend its Title IX 
regulations to adopt the language of the common rule. USDA's Title IX 
regulations have not been updated since 1979 and do not reflect 
intervening developments, including certain Supreme Court decisions, 
revisions by the Department of Education and the Department of Justice 
(``DOJ''), the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), 
and various Executive Orders. By harmonizing the provisions of 7 CFR 
part 15a with the common rule, USDA brings its regulations up-to-date, 
complies with Executive Order 13777, ``Enforcing the Regulatory Reform 
Agenda,'' dated February 24, 2017, follows current guidance from DOJ, 
and makes it easier for recipients of USDA financial assistance to 
understand and comply with Title IX requirements. The revisions to 7 
CFR part 15a merely conform USDA's regulations to the Title IX common 
rule adopted by other federal agencies and reflect changes in the law 
since USDA published its Title IX regulations in 1979. This rule 
imposes no new substantive requirements on recipients of USDA financial 
assistance.
    As shown in the following ``cross-walk'' table, some of the 
provisions of new part 15a (renumbered to correspond to the common 
rule) appear in different order than in the existing regulations in 
part 15a:

------------------------------------------------------------------------
            New part 15a                      Existing part 15a
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
                 15a.100                                15a.1
                 15a.105                                15a.2
                 15a.110                                15a.3
                 15a.115                                15a.4
                 15a.120                                  N/A
                 15a.125                                15a.5
                 15a.130                                15a.6
                 15a.135                                15a.7
                 15a.140                                15a.8
------------------------------------------------------------------------
                                Subpart B
------------------------------------------------------------------------
                 15a.200                               15a.11
                 15a.205                               15a.12
                 15a.210                               15a.13
                 15a.215                               15a.14
                 15a.220                               15a.16
                 15a.225                               15a.17
                 15a.230                               15a.18
                 15a.235                               15a.15
------------------------------------------------------------------------
                                Subpart C
------------------------------------------------------------------------
                 15a.300                               15a.21
                 15a.305                               15a.22
                 15a.310                               15a.23
------------------------------------------------------------------------
                                Subpart D
------------------------------------------------------------------------
                 15a.400                               15a.31
                 15a.405                               15a.32
                 15a.410                               15a.33
                 15a.415                               15a.34
                 15a.420                               15a.35
                 15a.425                               15a.36
                 15a.430                               15a.37
                 15a.435                               15a.38
                 15a.440                               15a.39
                 15a.445                               15a.40
                 15a.450                               15a.41
                 15a.455                               15a.42
------------------------------------------------------------------------
                                Subpart E
------------------------------------------------------------------------
                 15a.500                               15a.51
                 15a.505                               15a.52
                 15a.510                               15a.53
                 15a.515                               15a.54
                 15a.520                               15a.55
                 15a.525                               15a.56
                 15a.530                               15a.57
                 15a.535                               15a.58
                 15a.540                               15a.59
                 15a.545                               15a.60
                 15a.550                               15a.61
------------------------------------------------------------------------
                                Subpart F
------------------------------------------------------------------------
                 15a.605                               15a.71
------------------------------------------------------------------------

Public Comment

    In general, the Administrative Procedure Act (5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register and interested persons be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments with or without opportunity for oral presentation, 
except when the rule involves a matter relating to public property, 
loans, grants, benefits, or contracts. This rule involves benefits

[[Page 46656]]

and is therefore being published as a final rule without the prior 
opportunity for comments.

Executive Orders 12866, 13563, 13771, and 13777

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasized the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda,'' established a federal 
policy to alleviate unnecessary regulatory burdens on the American 
people. In line with the requirement repeal, replace, or modify 
regulations, this rule is modifying a regulation for consistency with 
other related federal regulations and to update the requirements.
    The Office of Management and Budget (OMB) designated this rule as 
not significant under Executive Order 12866, ``Regulatory Planning and 
Review,'' and therefore, OMB has not reviewed this rule. Executive 
Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' 
requires that in order to manage the private costs required to comply 
with Federal regulations that for every new significant or economically 
significant regulation issued, the new costs must be offset by the 
elimination of at least two prior regulations. This rule does not rise 
to the level required to comply with Executive Order 13771; it is also 
updating an existing regulation, therefore it is not a new regulation.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA, 
Pub. L. 104-121), generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other law, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule is not subject to the Regulatory Flexibility Act because, as 
noted above, it is exempt from notice and comment rulemaking under 5 
U.S.C. 553 and therefore, USDA is not required by any law to publish a 
proposed rule for public comment for this rulemaking.

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials. The 
objectives of the Executive Order are to foster an intergovernmental 
partnership and a strengthened Federalism, by relying on State and 
local processes for State and local government coordination and review 
of proposed federal financial assistance and direct federal 
development. This rule neither provides federal financial assistance 
nor direct federal development. It does not provide either grants or 
cooperative agreements. Therefore, this rule is not subject to 
Executive Order 12372.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, ``Civil 
Justice Reform.'' This rule will not preempt State or local laws, 
regulations, or policies unless they represent an irreconcilable 
conflict with this rule. The rule will not have a retroactive effect.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
``Federalism.'' The policies contained in this rule do not have any 
substantial direct effect on States, on the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government, except as 
required by law. Nor does this rule impose substantial direct 
compliance costs on State and local governments. Therefore, 
consultation with the States is not required.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' Executive Order 13175 requires Federal agencies 
to consult and coordinate with tribes on a government-to-government 
basis on policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    USDA has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under Executive Order 
13175. If a Tribe requests consultation, USDA will work with the USDA 
Office of Tribal Relations to ensure meaningful consultation is 
provided where requested.

The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions on State, local, and Tribal governments, or the 
private sector. Agencies generally need to prepare a written statement, 
including a cost-benefit analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any year for State, local, or Tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternatives and adopt the more cost effective or least 
burdensome alternative that achieves the objectives of the rule. This 
rule contains no Federal mandates, as defined in Title II of UMRA, for 
State, local, and Tribal governments or the private sector. Therefore, 
this rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

    SBREFA normally requires that an agency delay the effective date of 
a major rule for 60 days from the date of publication to allow for 
Congressional review. This rule is not a major rule under SBREFA. 
Therefore, USDA is not required to delay the effective date for 60 days 
from the date of publication to allow for Congressional review. 
Therefore, the rule is effective when published in the Federal 
Register, as discussed above.

E-Government Act Compliance

    USDA is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 15a

    Education, Sex discrimination, Youth organizations.


0
For the reasons discussed above, 7 CFR part 15a is revised to read as 
follows:

[[Page 46657]]

PART 15a--EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING 
FROM FEDERAL FINANCIAL ASSISTANCE

Subpart A--Introduction
Sec.
15a.100 Purpose.
15a.105 Definitions.
15a.110 Remedial and affirmative action and self-evaluation.
15a.115 Assurance required.
15a.120 Transfers of property.
15a.125 Effect of other requirements.
15a.130 Effect of employment opportunities.
15a.135 Designation of responsible employee and adoption of 
grievance procedures.
15a.140 Dissemination of policy.
Subpart B--Coverage
15a.200 Application.
15a.205 Educational institutions and other entities controlled by 
religious organizations.
15a.210 Military and merchant marine educational institutions.
15a.215 Membership practices of certain organizations.
15a.220 Admissions.
15a.225 Educational institutions eligible to submit transition 
plans.
15a.230 Transition plans.
15a.235 Statutory amendments.
Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited
15a.300 Admission.
15a.305 Preference in admission.
15a.310 Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or 
Activities Prohibited
15a.400 Education programs or activities.
15a.405 Housing.
15a.410 Comparable facilities.
15a.415 Access to course offerings.
15a.420 Access to schools operated by LEAs.
15a.425 Counseling and use of appraisal and counseling materials.
15a.430 Financial assistance.
15a.435 Employment assistance to students.
15a.440 Health and insurance benefits and services.
15a.445 Marital or parental status.
15a.450 Athletics.
15a.455 Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited
15a.500 Employment.
15a.505 Employment criteria.
15a.510 Recruitment.
15a.515 Compensation.
15a.520 Job classification and structure.
15a.525 Fringe benefits.
15a.530 Marital or parental status.
15a.535 Effect of state or local law or other requirements.
15a.540 Advertising.
15a.545 Pre-employment inquiries.
15a.550 Sex as a bona fide occupational qualification.
Subpart F--Other Provisions
15a.605 Enforcement procedures.

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688; 
42 U.S.C. 7101 et seq.; and 50 U.S.C. 2401 et seq.

Subpart A--Introduction


Sec.  15a.100  Purpose.

    The purpose of this part is to effectuate Title IX of the Education 
Amendments of 1972, as amended (except sections 904 and 906 of those 
Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which 
is designed to eliminate (with certain exceptions) discrimination on 
the basis of sex in any education program or activity receiving Federal 
financial assistance, whether or not such program or activity is 
offered or sponsored by an educational institution as defined in this 
part.


Sec.  15a.105  Definitions.

    As used in this part, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that 
awards Federal financial assistance, or by a recipient, as a condition 
to becoming a recipient.
    Designated agency official means the Secretary of Agriculture or 
any officer or employees of the Department to whom the Secretary has 
heretofore delegated, or to whom the Secretary may hereafter delegate, 
the authority to act for the Secretary under the regulations in this 
part.
    Educational institution means a local educational agency (LEA) as 
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution 
of graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including 
funds made available for:
    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market 
value of the property is not, upon such sale or transfer, properly 
accounted for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one 
of its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    Institution of graduate higher education means an institution that:
    (1) Offers academic study beyond the bachelor of arts or bachelor 
of science degree, whether or not leading to a certificate of any 
higher degree in the liberal arts and sciences;
    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional 
degree in such field is awarded by an institution of undergraduate 
higher education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    Institution of professional education means an institution (except 
any institution of undergraduate higher education) that offers a 
program of academic study that leads to a first professional degree in 
a field for which there is a national specialized

[[Page 46658]]

accrediting agency recognized by the Secretary of Education.
    Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years 
of college level study beyond the high school level, leading to a 
diploma or an associate degree, or wholly or principally creditable 
toward a baccalaureate degree; or
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    Institution of vocational education means a school or institution 
(except an institution of professional or graduate or undergraduate 
higher education) that has as its primary purpose preparation of 
students to pursue a technical, skilled, or semiskilled occupation or 
trade, or to pursue study in a technical field, whether or not the 
school or institution offers certificates, diplomas, or degrees and 
whether or not it offers full-time study.
    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 that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    Student means a person who has gained admission.
    Title IX means Title IX of the Education Amendments of 1972, Public 
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of 
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 
of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).
    Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.


Sec.  15a.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome 
the effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation 
therein by persons of a particular sex. Nothing in this part shall be 
interpreted to alter any affirmative action obligations that a 
recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., 
p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 
684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 
803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as 
amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of the effective date of this part:
    (1) Evaluate, in terms of the requirements of this part, its 
current policies and practices and the effects thereof concerning 
admission of students, treatment of students, and employment of both 
academic and nonacademic personnel working in connection with the 
recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of this part; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.


Sec.  15a.115  Assurance required.

    (a) General. Either at the application stage or the award stage, 
Federal agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated agency 
official, that each education program or activity operated by the 
applicant or recipient and to which this part applies will be operated 
in compliance with this part. An assurance of compliance with this part 
shall not be satisfactory to the designated agency official if the 
applicant or recipient to whom such assurance applies fails to commit 
itself to take whatever remedial action is necessary in accordance with 
Sec.  15a.110(a) to eliminate existing discrimination on the basis of 
sex or to eliminate the effects of past discrimination whether 
occurring prior to or subsequent to the submission to the designated 
agency official of such assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, 
such 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 to provide an education program or 
activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient will comply with all applicable Federal statutes relating to 
nondiscrimination. These include but are not limited to: Title IX of 
the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 
1685-1688).
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.


Sec.  15a.120  Transfers of property.

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of 
the fair market value of

[[Page 46659]]

the property is not upon such sale or transfer properly accounted for 
to the Federal Government, both the transferor and the transferee shall 
be deemed to be recipients, subject to the provisions of Sec. Sec.  
15a.205 through 15a.235(a).


Sec.  15a.125  Effect of other requirements.

    (a) Effect of other Federal provisions. The obligations imposed by 
this part are independent of, and do not alter, obligations not to 
discriminate on the basis of sex imposed by Executive Order 11246, 3 
CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 
CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 
CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12087, 3 
CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 
1978 Comp., p. 264; sections 704 and 855 of the Public Health Service 
Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 (29 U.S.C. 206); 
and any other Act of Congress or Federal regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with this part is not obviated or alleviated by 
any State or local law or other requirement that would render any 
applicant or student ineligible, or limit the eligibility of any 
applicant or student, on the basis of sex, to practice any occupation 
or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with this part is not obviated or alleviated by 
any rule or regulation of any organization, club, athletic or other 
league, or association that would render any applicant or student 
ineligible to participate or limit the eligibility or participation of 
any applicant or student, on the basis of sex, in any education program 
or activity operated by a recipient and that receives Federal financial 
assistance.


Sec.  15a.130  Effect of employment opportunities.

    The obligation to comply with this part is not obviated or 
alleviated because employment opportunities in any occupation or 
profession are or may be more limited for members of one sex than for 
members of the other sex.


Sec.  15a.135  Designation of responsible employee and adoption of 
grievance procedures.

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply 
with and carry out its responsibilities under this part, including any 
investigation of any complaint communicated to such recipient alleging 
its noncompliance with this part or alleging any actions that would be 
prohibited by this part. The recipient shall notify all its students 
and employees of the name, office address, and telephone number of the 
employee or employees appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of student and employee complaints alleging any action that 
would be prohibited by this part.


Sec.  15a.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission 
and employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and this part not to discriminate in such a manner. Such 
notification shall contain such information, and be made in such 
manner, as the designated agency official finds necessary to apprise 
such persons of the protections against discrimination assured them by 
Title IX and this part, but shall state at least that the requirement 
not to discriminate in education programs or activities extends to 
employment therein, and to admission thereto unless Sec. Sec.  15a.300 
through 15a.310 do not apply to the recipient, and that inquiries 
concerning the application of Title IX and this part to such recipient 
may be referred to the employee designated pursuant to Sec.  15a.135, 
or to the designated agency official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of the date this part 
first applies to such recipient, which notification shall include 
publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment 
is permitted by this part.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.

Subpart B--Coverage


Sec.  15a.200  Application.

    Except as provided in Sec. Sec.  15a.205 through 15a.235(a), this 
part applies to every recipient and to each education program or 
activity operated by such recipient that receives Federal financial 
assistance.


Sec.  15a.205  Educational institutions and other entities controlled 
by religious organizations.

    (a) Exemption. This part does not apply to any operation of an 
educational institution or other entity that is controlled by a 
religious organization to the extent that application of this part 
would not be consistent with the religious tenets of such organization.
    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the 
institution, identifying the provisions of this part that conflict with 
a specific tenet of the religious organization.


Sec.  15a.210  Military and merchant marine educational institutions.

    This part does not apply to an educational institution whose 
primary purpose is the training of individuals for a military service 
of the United States or for the merchant marine.


Sec.  15a.215  Membership practices of certain organizations.

    (a) Social fraternities and sororities. This part does not apply to 
the membership practices of social fraternities and sororities that are

[[Page 46660]]

exempt from taxation under section 501(a) of the Internal Revenue Code 
of 1954, 26 U.S.C. 501(a), the active membership of which consists 
primarily of students in attendance at institutions of higher 
education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. This 
part does not apply to the membership practices of the Young Men's 
Christian Association (YMCA), the Young Women's Christian Association 
(YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls.
    (c) Voluntary youth service organizations. This part does not apply 
to the membership practices of a voluntary youth service organization 
that is exempt from taxation under section 501(a) of the Internal 
Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has 
been traditionally limited to members of one sex and principally to 
persons of less than nineteen years of age.


Sec.  15a.220  Admissions.

    (a) Admissions to educational institutions prior to June 24, 1973, 
are not covered by this part.
    (b) Administratively separate units. For the purposes only of this 
section, Sec. Sec.  15a.225 and 15a.230, and Sec. Sec.  15a.300 through 
15a.310, each administratively separate unit shall be deemed to be an 
educational institution.
    (c) Application of Sec. Sec.  15a.300 through 15a.310. Except as 
provided in paragraphs (d) and (e) of this section, Sec. Sec.  15a.300 
through 15a.310 apply to each recipient. A recipient to which 
Sec. Sec.  15a.300 through 15a.310 apply shall not discriminate on the 
basis of sex in admission or recruitment in violation of Sec. Sec.  
15a.300 through 15a.310.
    (d) Educational institutions. Except as provided in paragraph (e) 
of this section as to recipients that are educational institutions, 
Sec. Sec.  15a.300 through 15a.310 apply only to institutions of 
vocational education, professional education, graduate higher 
education, and public institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. Sections 
15a.300 through 15a.310 do not apply to any public institution of 
undergraduate higher education that traditionally and continually from 
its establishment has had a policy of admitting students of only one 
sex.


Sec.  15a.225  Educational institutions eligible to submit transition 
plans.

    (a) Application. This section applies to each educational 
institution to which Sec. Sec.  15a.300 through 15a.310 apply that:
    (1) Admitted students of only one sex as regular students as of 
June 23, 1972; or
    (2) Admitted students of only one sex as regular students as of 
June 23, 1965, but thereafter admitted, as regular students, students 
of the sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex 
in admission or recruitment in violation of Sec. Sec.  15a.300 through 
15a.310.


Sec.  15a.230  Transition plans.

    (a) Submission of plans. An institution to which Sec.  15a.225 
applies and that is composed of more than one administratively separate 
unit may submit either a single transition plan applicable to all such 
units, or a separate transition plan applicable to each such unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and 
the name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to 
admitting students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected 
to apply for, be admitted to, and enter each class during the period 
covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to 
which Sec.  15a.225 applies shall result in treatment of applicants to 
or students of such recipient in violation of Sec. Sec.  15a.300 
through 15a.310 unless such treatment is necessitated by an obstacle 
identified in paragraph (b)(3) of this section and a schedule for 
eliminating that obstacle has been provided as required by paragraph 
(b)(4) of this section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec.  15a.225 applies shall include in its transition plan, 
and shall implement, specific steps designed to encourage individuals 
of the previously excluded sex to apply for admission to such 
institution. Such steps shall include instituting recruitment programs 
that emphasize the institution's commitment to enrolling students of 
the sex previously excluded.


Sec.  15a.235  Statutory amendments.

    (a) This section, which applies to all provisions of this part, 
addresses statutory amendments to Title IX.
    (b) This part shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such 
individual has received such award in a single-sex pageant based upon a 
combination of factors related to the individual's personal appearance, 
poise, and talent. The pageant, however, must comply with other 
nondiscrimination provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such

[[Page 46661]]

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;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) 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
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the 
application of 20 U.S.C. 1681 to such operation would not be consistent 
with the religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, 
or other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
this part if the college, university, or other institution receives 
Federal financial assistance.
    (d)(1) Nothing in this part shall be construed to require or 
prohibit any person, or public or private entity, to provide or pay for 
any benefit or service, including the use of facilities, related to an 
abortion. Medical procedures, benefits, services, and the use of 
facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.

Subpart C--Discrimination on the Basis of Sex in Admission and 
Recruitment Prohibited


Sec.  15a.300  Admission.

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Sec. Sec.  15a.300 through 15a.310 apply, except as 
provided in Sec. Sec.  15a.225 and 15a.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Sec. Sec.  15a.300 through 15a.310 
apply shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on 
the basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the basis of sex unless the use of such test or criterion is 
shown to predict validly success in the education program or activity 
in question and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Sec. Sec.  15a.300 through 15a.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec.  15a.235(d), shall treat disabilities related 
to pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status 
of an applicant for admission, including whether such applicant is 
``Miss'' or ``Mrs.'' A recipient may make pre-admission inquiry as to 
the sex of an applicant for admission, but only if such inquiry is made 
equally of such applicants of both sexes and if the results of such 
inquiry are not used in connection with discrimination prohibited by 
this part.


Sec.  15a.305  Preference in admission.

    A recipient to which Sec. Sec.  15a.300 through 15a.310 apply shall 
not give preference to applicants for admission, on the basis of 
attendance at any educational institution or other school or entity 
that admits as students only or predominantly members of one sex, if 
the giving of such preference has the effect of discriminating on the 
basis of sex in violation of Sec. Sec.  15a.300 through 15a.310.


Sec.  15a.310  Recruitment.

    (a) Nondiscriminatory recruitment. A recipient to which Sec. Sec.  
15a.300 through 15a.310 apply shall not discriminate on the basis of 
sex in the recruitment and admission of students. A recipient may be 
required to undertake additional recruitment efforts for one sex as 
remedial action pursuant to Sec.  15a.110(a), and may choose to 
undertake such efforts as affirmative action pursuant to Sec.  
15a.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Sec. Sec.  15a.300 through 15a.310 apply shall not recruit primarily or 
exclusively at educational institutions, schools, or entities that 
admit as students only or predominantly members of one sex, if such 
actions have the effect of discriminating on the basis of sex in 
violation of Sec. Sec.  15a.300 through 15a.310.

Subpart D--Discrimination on the Basis of Sex in Education Programs 
or Activities Prohibited


Sec.  15a.400  Education programs or activities.

    (a) General. Except as provided elsewhere in this part, no person 
shall,

[[Page 46662]]

on the basis of sex, be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, or other education 
program or activity operated by a recipient that receives Federal 
financial assistance. Sections 15a.400 through 15a.455 do not apply to 
actions of a recipient in connection with admission of its students to 
an education program or activity of a recipient to which Sec. Sec.  
15a.300 through 15a.310 do not apply, or an entity, not a recipient, to 
which Sec. Sec.  15a.300 through 15a.310 would not apply if the entity 
were a recipient.
    (b) Specific prohibitions. Except as provided in Sec. Sec.  15a.400 
through 15a.455, in providing any aid, benefit, or service to a 
student, a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining 
whether such person satisfies any requirement or condition for the 
provision of such aid, benefit, or service;
    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a 
student or applicant, including eligibility for instate fees and 
tuition;
    (6) Aid or perpetuate discrimination against any person by 
providing significant assistance to any agency, organization, or person 
that discriminates on the basis of sex in providing any aid, benefit, 
or service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or 
activity not operated wholly by such recipient, or that facilitates, 
permits, or considers such participation as part of or equivalent to an 
education program or activity operated by such recipient, including 
participation in educational consortia and cooperative employment and 
student-teaching assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that this part would prohibit such recipient from 
taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.


Sec.  15a.405  Housing.

    (a) Generally. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval 
of housing, or otherwise, assists any agency, organization, or person 
in making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such 
housing as is provided to students of one sex, when compared to that 
provided to students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization, or person that provides all or part of such housing to 
students of only one sex.


Sec.  15a.410  Comparable facilities.

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.


Sec.  15a.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of 
sex, or require or refuse participation therein by any of its students 
on such basis, including health, physical education, industrial, 
business, vocational, technical, home economics, music, and adult 
education courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than 
one year from the effective date of these regulations. With respect to 
physical education classes and activities at the secondary and post-
secondary levels, the recipient shall comply fully with this section as 
expeditiously as possible but in no event later than three years from 
the effective date of these regulations.
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without 
regard to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress 
in a physical education class has an adverse effect on members of one 
sex, the recipient shall use appropriate standards that do not have 
such effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively 
with human sexuality

[[Page 46663]]

may be conducted in separate sessions for boys and girls.
    (6) Recipients may make requirements based on vocal range or 
quality that may result in a chorus or choruses of one or predominantly 
one sex.


Sec.  15a.420  Access to schools operated by LEAs.

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such 
recipient, unless such recipient otherwise makes available to such 
person, pursuant to the same policies and criteria of admission, 
courses, services, and facilities comparable to each course, service, 
and facility offered in or through such schools.


Sec.  15a.425  Counseling and use of appraisal and counseling 
materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that 
uses testing or other materials for appraising or counseling students 
shall not use different materials for students on the basis of their 
sex or use materials that permit or require different treatment of 
students on such basis unless such different materials cover the same 
occupations and interest areas and the use of such different materials 
is shown to be essential to eliminate sex bias. Recipients shall 
develop and use internal procedures for ensuring that such materials do 
not discriminate on the basis of sex. Where the use of a counseling 
test or other instrument results in a substantially disproportionate 
number of members of one sex in any particular course of study or 
classification, the recipient shall take such action as is necessary to 
assure itself that such disproportion is not the result of 
discrimination in the instrument or its application.
    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.


Sec.  15a.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of 
sex; or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may administer or assist in the administration of 
scholarships, fellowships, or other forms of financial assistance 
established pursuant to domestic or foreign wills, trusts, bequests, or 
similar legal instruments or by acts of a foreign government that 
require that awards be made to members of a particular sex specified 
therein; Provided, that the overall effect of the award of such sex-
restricted scholarships, fellowships, and other forms of financial 
assistance does not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of 
availability of funds restricted to members of a particular sex;
    (ii) An appropriate sex-restricted scholarship, fellowship, or 
other form of financial assistance is allocated to each student 
selected under paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient 
awards athletic scholarships or grants-in-aid, it must provide 
reasonable opportunities for such awards for members of each sex in 
proportion to the number of students of each sex participating in 
interscholastic or intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic 
teams for members of each sex to the extent consistent with this 
paragraph (c) and Sec.  15a.450.


Sec.  15a.435  Employment assistance to students.

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates 
Sec. Sec.  15a.500 through 15a.550.


Sec.  15a.440  Health and insurance benefits and services.

    Subject to Sec.  15a.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, 
or provide such benefit, service, policy, or plan in a manner that 
would violate Sec. Sec.  15a.500 through 15a.550 if it were provided to 
employees of the recipient. This section shall not prohibit a recipient 
from providing any benefit or service that may be used by a different 
proportion of students of one sex than of the other, including family 
planning services. However, any recipient that provides full coverage 
health service shall provide gynecological care.


Sec.  15a.445  Marital or parental status.

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of 
the program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a

[[Page 46664]]

physician that the student is physically and emotionally able to 
continue participation as long as such a certification is required of 
all students for other physical or emotional conditions requiring the 
attention of a physician.
    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as provided in 
paragraph (b)(1) of this section, shall ensure that the separate 
portion is comparable to that offered to non-pregnant students.
    (4) Subject to Sec.  15a.235(d), a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy and recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability with respect to any medical or hospital benefit, 
service, plan, or policy that such recipient administers, operates, 
offers, or participates in with respect to students admitted to the 
recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave 
policy for its students, or in the case of a student who does not 
otherwise qualify for leave under such a policy, a recipient shall 
treat pregnancy, childbirth, false pregnancy, termination of pregnancy, 
and recovery therefrom as a justification for a leave of absence for as 
long a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated 
to the status that she held when the leave began.


Sec.  15a.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently 
from another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of this part, contact sports include boxing, 
wrestling, rugby, ice hockey, football, basketball, and other sports 
the purpose or major activity of which involves bodily contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively accommodate the interests and abilities of members of both 
sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide 
necessary funds for teams for one sex in assessing equality of 
opportunity for members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from the 
effective date of these regulations. A recipient that operates or 
sponsors interscholastic, intercollegiate, club, or intramural 
athletics at the secondary or postsecondary school level shall comply 
fully with this section as expeditiously as possible but in no event 
later than three years from the effective date of these regulations.


Sec.  15a.455  Textbooks and curricular material.

    Nothing in this part shall be interpreted as requiring or 
prohibiting or abridging in any way the use of particular textbooks or 
curricular materials.

Subpart E--Discrimination on the Basis of Sex in Employment in 
Education Programs or Activities Prohibited


Sec.  15a.500  Employment.

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefor, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any 
education program or activity operated by such recipient in a 
nondiscriminatory manner and shall not limit, segregate, or classify 
applicants or employees in any way that could adversely affect any 
applicant's or employee's employment opportunities or status because of 
sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Sec. Sec.  
15a.500 through 15a.550, including relationships with employment and 
referral agencies, with labor unions, and with organizations providing 
or administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one 
sex, if the giving of such preferences has the effect of discriminating 
on the basis of sex in violation of this part.
    (b) Application. The provisions of Sec. Sec.  15a.500 through 
15a.550 apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of 
nepotism policies, right of return from layoff, and rehiring;
    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for 
pregnancy, childbirth,

[[Page 46665]]

false pregnancy, termination of pregnancy, leave for persons of either 
sex to care for children or dependents, or any other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.


Sec.  15a.505  Employment criteria.

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.


Sec.  15a.510  Recruitment.

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a recipient has been found to be presently 
discriminating on the basis of sex in the recruitment or hiring of 
employees, or has been found to have so discriminated in the past, the 
recipient shall recruit members of the sex so discriminated against so 
as to overcome the effects of such past or present discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily 
or exclusively at entities that furnish as applicants only or 
predominantly members of one sex if such actions have the effect of 
discriminating on the basis of sex in violation of Sec. Sec.  15a.500 
through 15a.550.


Sec.  15a.515  Compensation.

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal 
work on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working 
conditions.


Sec.  15a.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec.  15a.550.


Sec.  15a.525  Fringe benefits.

    (a) ``Fringe benefits'' defined. For purposes of this part, fringe 
benefits means: Any medical, hospital, accident, life insurance, or 
retirement benefit, service, policy or plan, any profit-sharing or 
bonus plan, leave, and any other benefit or service of employment not 
subject to the provision of Sec.  15a.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe benefits available to 
spouses, families, or dependents of employees differently upon the 
basis of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in 
benefits on the basis of sex.


Sec.  15a.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or 
exclude from employment any employee or applicant for employment on the 
basis of pregnancy, childbirth, false pregnancy, termination of 
pregnancy, or recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to Sec.  
15a.235(d), a recipient shall treat pregnancy, childbirth, false 
pregnancy, termination of pregnancy, recovery therefrom, and any 
temporary disability resulting therefrom as any other temporary 
disability for all job-related purposes, including commencement, 
duration, and extensions of leave, payment of disability income, 
accrual of seniority and any other benefit or service, and 
reinstatement, and under any fringe benefit offered to employees by 
virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an 
employee with insufficient leave or accrued employment time to qualify 
for leave under such a policy, a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy, and recovery 
therefrom as a justification for a leave of absence without pay for a 
reasonable period of time, at the conclusion of which the employee 
shall be reinstated to the status that she held when the leave began or 
to a comparable position, without decrease in rate of compensation or 
loss of promotional opportunities, or any other right or privilege of 
employment.


Sec.  15a.535  Effect of state or local law or other requirements.

    (a) Prohibitory requirements. The obligation to comply with 
Sec. Sec.  15a.500 through 15a.550 is not obviated or alleviated by the 
existence of any State or local law or other requirement that imposes 
prohibitions or limits upon employment of members of one sex that are 
not imposed upon members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.


Sec.  15a.540  Advertising.

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.


Sec.  15a.545  Pre-employment inquiries.

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''

[[Page 46666]]

    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made 
equally of such applicants of both sexes and if the results of such 
inquiry are not used in connection with discrimination prohibited by 
this part.


Sec.  15a.550  Sex as a bona fide occupational qualification.

    A recipient may take action otherwise prohibited by Sec. Sec.  
15a.500 through 15a.550 provided it is shown that sex is a bona fide 
occupational qualification for that action, such that consideration of 
sex with regard to such action is essential to successful operation of 
the employment function concerned. A recipient shall not take action 
pursuant to this section that is based upon alleged comparative 
employment characteristics or stereotyped characterizations of one or 
the other sex, or upon preference based on sex of the recipient, 
employees, students, or other persons, but nothing contained in this 
section shall prevent a recipient from considering an employee's sex in 
relation to employment in a locker room or toilet facility used only by 
members of one sex.

Subpart F--Other Provisions


Sec.  15a.605  Enforcement procedures.

    The procedural provisions applicable to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d) are hereby adopted and applied to 
this part. These procedures may be found at 7 CFR 15.5-15.11 and 15.60-
15.143.

    Dated: September 25, 2017.
Sonny Perdue,
Secretary.
[FR Doc. 2017-20869 Filed 10-5-17; 8:45 am]
 BILLING CODE 3410-9R-P

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