Federal Coordination And Compliance Section

 [Code of Federal Regulations] [Title 49, Volume 1, Parts 1 to 99] [Revised as of October 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR25]  [Page 246-262]                           TITLE 49--TRANSPORTATION             Subtitle A--Office of the Secretary of Transportation   PART 25--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE                           Subpart A--Introduction  Sec. 25.100  Purpose and effective date. 25.105  Definitions. 25.110  Remedial and affirmative action and self-evaluation. 25.115  Assurance required. 25.120  Transfers of property. 25.125  Effect of other requirements. 25.130  Effect of employment opportunities. 25.135  Designation of responsible employee and adoption of grievance            procedures. 25.140  Dissemination of policy.                             Subpart B--Coverage  25.200  Application. 25.205  Educational institutions and other entities controlled by            religious organizations. 25.210  Military and merchant marine educational institutions. 25.215  Membership practices of certain organizations. 25.220  Admissions. 25.225  Educational institutions eligible to submit transition plans. 25.230  Transition plans. 25.235  Statutory amendments.       Subpart C--Discrimination on the Basis of Sex in Admission and                           Recruitment Prohibited  25.300  Admission. 25.305  Preference in admission. 25.310  Recruitment.   Subpart D--Discrimination on the Basis of Sex in Education Programs or                            Activities Prohibited  25.400  Education programs or activities. 25.405  Housing. 25.410  Comparable facilities. 25.415  Access to course offerings. 25.420  Access to schools operated by LEAs. 25.425  Counseling and use of appraisal and counseling materials. 25.430  Financial assistance. 25.435  Employment assistance to students. 25.440  Health and insurance benefits and services. 25.445  Marital or parental status. 25.450  Athletics. 25.455  Textbooks and curricular material.  Subpart E--Discrimination on the Basis of Sex in Employment in Education                      Programs or Activities Prohibited  25.500  Employment. 25.505  Employment criteria. 25.510  Recruitment. 25.515   Compensation. 25.520  Job classification and structure. 25.525  Fringe benefits. 25.530  Marital or parental status. 25.535  Effect of state or local law or other requirements. 25.540  Advertising. 25.545  Pre-employment inquiries. 25.550  Sex as a bona fide occupational qualification.                            Subpart F--Procedures  25.600  Notice of covered programs. 25.605  Enforcement procedures.      Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.      Source: 65 FR 52865, 52894, Aug. 30, 2000, unless otherwise noted.                           Subpart A--Introduction  Sec. 25.100  Purpose and effective date.      The purpose of these Title IX regulations 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 these Title IX regulations. The effective date of these Title  IX regulations shall be September 29, 2000.  Sec. 25.105  Definitions.      As used in these Title IX regulations, 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 Director, Departmental Office of  Civil Rights.     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 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).     Title IX regulations means the provisions set forth at Secs. 25.100  through 25.605.     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. 25.110  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 these Title IX regulations  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 September 29, 2000:     (1) Evaluate, in terms of the requirements of these Title IX  regulations, its current policies and practices and the effects thereof  concerning admission of students, treatment of students, and employment  of both academic and non-academic 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 these Title IX regulations; 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. 25.115  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 these Title IX regulations apply will be operated  in compliance with these Title IX regulations. An assurance of  compliance with these Title IX regulations 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. 25.110(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. 25.120  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 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 Secs. 25.205 through 25.235(a).  Sec. 25.125  Effect of other requirements.      (a) Effect of other Federal provisions. The obligations imposed by  these Title IX regulations 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 these Title IX regulations 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 these Title IX regulations 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. 25.130  Effect of employment opportunities.      The obligation to comply with these Title IX regulations 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. 25.135  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 these Title IX regulations,  including any investigation of any complaint communicated to such  recipient alleging its noncompliance with these Title IX regulations or  alleging any actions that would be prohibited by these Title IX  regulations. 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 these Title IX regulations.  Sec. 25.140  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 these Title IX regulations 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 these Title IX regulations, 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 Secs. 25.300 through 25.310 do not apply to the recipient, and  that inquiries concerning the application of Title IX and these Title IX  regulations to such recipient may be referred to the employee designated  pursuant to Sec. 25.135, 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 September 29, 2000 or  of the date these Title IX regulations first apply to such recipient,  whichever comes later, 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 these Title IX regulations.     (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. 25.200  Application.      Except as provided in Secs. 25.205 through 25.235(a), these Title IX  regulations apply to every recipient and to each education program or  activity operated by such recipient that receives Federal financial  assistance.  Sec. 25.205  Educational institutions and other entities controlled by            religious organizations.      (a) Exemption. These Title IX regulations do 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  these Title IX regulations 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 these Title IX regulations that conflict  with a specific tenet of the religious organization.  Sec. 25.210  Military and merchant marine educational institutions.      These Title IX regulations do 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. 25.215  Membership practices of certain organizations.      (a) Social fraternities and sororities. These Title IX regulations  do not apply to the membership practices of social fraternities and  sororities that are 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. These  Title IX regulations do 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. These Title IX  regulations do 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. 25.220  Admissions.      (a) Admissions to educational institutions prior to June 24, 1973,  are not covered by these Title IX regulations.     (b) Administratively separate units. For the purposes only of this  section, Secs. 25.225 and 25.230, and Secs. 25.300 through 25.310, each  administratively separate unit shall be deemed to be an educational  institution.     (c) Application of Secs. 25.300 through .310. Except as provided in  paragraphs (d) and (e) of this section, Secs. 25.300 through 25.310  apply to each recipient. A recipient to which Secs. 25.300 through  25.310 apply shall not discriminate on the basis of sex in admission or  recruitment in violation of Secs. 25.300 through 25.310.     (d) Educational institutions. Except as provided in paragraph (e) of  this section as to recipients that are educational institutions,  Secs. 25.300 through 25.310 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.  Secs. 25.300 through 25.310 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. 25.225  Educational institutions eligible to submit transition            plans.      (a) Application. This section applies to each educational  institution to which Secs. 25.300 through 25.310 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 Secs. 25.300 through 25.310.  Sec. 25.230  Transition plans.      (a) Submission of plans. An institution to which Sec. 25.225 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. 25.225 applies shall result in treatment of applicants to or  students of such recipient in violation of Secs. 25.300 through 25.310  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. 25.225 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. 25.235  Statutory amendments.      (a) This section, which applies to all provisions of these Title IX  regulations, addresses statutory amendments to Title IX.     (b) These Title IX regulations 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 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  these Title IX regulations if the college, university, or other  institution receives Federal financial assistance.     (d)(1) Nothing in these Title IX regulations 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. 25.300  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  Secs. 25.300 through Secs. 25.310 apply, except as provided in  Secs. 25.225 and Secs. 25.230.     (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 Secs. 25.300 through 25.310 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  Secs. 25.300 through 25.310 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. 25.235(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 these Title IX  regulations.  Sec. 25.305  Preference in admission.      A recipient to which Secs. 25.300 through 25.310 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 Secs. 25.300 through 25.310.  Sec. 25.310  Recruitment.      (a) Nondiscriminatory recruitment. A recipient to which Secs. 25.300  through 25.310 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. 25.110(a), and may choose to undertake such efforts as  affirmative action pursuant to Sec. 25.110(b).     (b) Recruitment at certain institutions. A recipient to which  Secs. 25.300 through 25.310 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  Secs. 25.300 through 25.310.   Subpart D--Discrimination on the Basis of Sex in Education Programs or                            Activities Prohibited  Sec. 25.400  Education programs or activities.      (a) General. Except as provided elsewhere in these Title IX  regulations, no person shall, 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 25.400 through 25.455 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  Secs. 25.300 through 25.310 do not apply, or an entity, not a recipient,  to which Secs. 25.300 through 25.310 would not apply if the entity were  a recipient.     (b) Specific prohibitions. Except as provided in Secs. 25.400  through 25.455, 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 in-state 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 these Title IX regulations would prohibit such  recipient from taking; and     (ii) Shall not facilitate, require, permit, or consider such  participation if such action occurs.  Sec. 25.405  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. 25.410  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. 25.415  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 September 29, 2000. 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 September 29, 2000.     (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 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. 25.420  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. 25.425  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. 25.430  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. 25.450.    Sec. 25.435  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  Secs. 25.500 through 25.550.  Sec. 25.440  Health and insurance benefits and services.      Subject to Sec. 25.235(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 Secs. 25.500 through 25.550 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. 25.445  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 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. 25.235(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. 25.450  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 these Title IX regulations, 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  September 29, 2000. 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 September 29, 2000.  Sec. 25.455  Textbooks and curricular material.      Nothing in these Title IX regulations 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. 25.500  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 Secs. 25.500  through 25.550, 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 these Title IX regulations.     (b) Application. The provisions of Secs. 25.500 through 25.550 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, 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. 25.505  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. 25.510  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 Secs. 25.500 through 25.550.  Sec. 25.515  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. 25.520  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. 25.550.  Sec. 25.525  Fringe benefits.      (a) ``Fringe benefits'' defined. For purposes of these Title IX  regulations, 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. 25.515.     (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. 25.530  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. 25.235(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. 25.535  Effect of state or local law or other requirements.      (a) Prohibitory requirements. The obligation to comply with  Secs. 25.500 through 25.550 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. 25.540  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. 25.545  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.''     (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 these Title IX  regulations.  Sec. 25.550  Sex as a bona fide occupational qualification.      A recipient may take action otherwise prohibited by Secs. 25.500  through 25.550 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--Procedures  Sec. 25.600  Notice of covered programs.      Within 60 days of September 29, 2000, each Federal agency that  awards Federal financial assistance shall publish in the Federal  Register a notice of the programs covered by these Title IX regulations.  Each such Federal agency shall periodically republish the notice of  covered programs to reflect changes in covered programs. Copies of this  notice also shall be made available upon request to the Federal agency's  office that enforces Title IX.  Sec. 25.605  Enforcement procedures.      The investigative, compliance, and enforcement procedural provisions  of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title  VI'') are hereby adopted and applied to these Title IX regulations.  These procedures may be found at 49 CFR part 21.  [65 FR 52895, Aug. 30, 2000]    

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Updated August 6, 2015