34 CFR § 110.12

34 CFR · Education

§ 110.12 — Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.

34 CFR § 110.12

TitleTitle 34: Education PartPart 110: Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance

SourceeCFR (current through Mar 13, 2026)

This text of 34 C.F.R. § 110.12 (Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

34 C.F.R. § 110.12 (2026).

Text

§ 110.12 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity. A recipient is permitted to take an action otherwise prohibited by § 110.10 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if—

(a)Age is used as a measure or approximation of one or more other characteristics;

(b)The other characteristic or characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any stat

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§ 110.12 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.

A recipient is permitted to take an action otherwise prohibited by § 110.10 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if—

(a) Age is used as a measure or approximation of one or more other characteristics;

(b) The other characteristic or characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity;

(c) The other characteristic or characteristics can be reasonably measured or approximated by the use of age; and

(d) The other characteristic or characteristics are impractical to measure directly on an individual basis.

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