34 CFR 110.13 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Regulations Of The Offices Of The Department Of Education (§ 100.1 To § 299.12) — Office For Civil Rights, Department Of Education (§ 100.1 To Parts 111-199) — Nondiscrimination On The Basis Of Age In Programs Or Activities Receiving Federal Financial Assistance (§ 110.1 To § 110.39) — Standards For Determining Age Discrimination (§ 110.10 To § 110.17) — Exceptions to the rules against age discrimination: Reasonable factors other than age.

4 Aug 2016

A recipient is permitted to take an action otherwise prohibited by § 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.

(Authority: 42 U.S.C. 6103)

34 CFR 110.13