28.235—Statutory amendments.
(a)
This section, which applies to all
provisions of these Title IX regulations,
addresses statutory amendments to Title IX.
(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;
(i)
The promotion of any Boys State conference,
Boys Nation conference, Girls State conference, or
Girls Nation conference; or
(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.
(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.