C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 106—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart A—Introduction

34 C.F.R. § 106.2

Definitions

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As used in this part, the term:

(a) Title IX means title IX of the Education Amendments of 1972, Public Law 92-318, as amended by section 3 of Public Law 93-568, 88 Stat. 1855, except sections 904 and 906 thereof; 20 U.S.C. 1681, 1682, 1683, 1685, 1686.

(b) Department means the Department of Education.

(c) Secretary means the Secretary of Education.

(d) Assistant Secretary means the Assistant Secretary for Civil Rights of the Department.

(e) Reviewing Authority means that component of the Department delegated authority by the Secretary to appoint, and to review the decisions of, administrative law judges in cases arising under this part.

(f) Administrative law judge means a person appointed by the reviewing authority to preside over a hearing held under this part.

(g) Federal financial assistance means any of the following, when authorized or extended under a law administered by the Department:

(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 which has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty.

(h) Program or activity and program means all of the operations of—

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or local government; or

(ii) The entity of a 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;

(2)(i) A college, university, or other post-secondary institution, or a public system of higher education; or

(ii) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational education, or other school system;

(3)(i) An entire corporation, partnership, other private organization, or an entire sole proprietorship—

(A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) 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

(4) Any other entity that is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section; any part of which is extended Federal financial assistance.

(i) 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 which operates an education program or activity which receives such assistance, including any subunit, successor, assignee, or transferee thereof.

(j) Applicant means one who submits an application, request, or plan required to be approved by a Department official, or by a recipient, as a condition to becoming a recipient.

(k) Educational institution means a local educational agency (LEA) as defined by section 1001(f) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381), a preschool, a private elementary or secondary school, or an applicant or recipient of the type defined by paragraph (l), (m), (n), or (o) of this section.

(l) Institution of graduate higher education means an institution which:

(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; or

(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.

(m) 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 which certifies credentials or offers degrees, but which may or may not offer academic study.

(n) Institution of professional education means an institution (except any institution of undergraduate higher education) which 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.

(o) Institution of vocational education means a school or institution (except an institution of professional or graduate or undergraduate higher education) which 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 fulltime study.

(p) 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.

(q) 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.

(r) Student means a person who has gained admission.

(s) Transition plan means a plan subject to the approval of the Secretary pursuant to section 901(a)(2) of the Education Amendments of 1972, under which an educational institution operates in making the transition from being an educational institution which admits only students of one sex to being one which admits students of both sexes without discrimination.

[91 FR 61314, Sept. 29, 2026]
Notes of Decisions
Cited in 68 cases (29 in the last 5 years), 1982–2025 · leading case: Grove City Coll. v. Bell, 465 U.S. 555 (1984).
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Grove City Coll. v. Bell, 465 U.S. 555 (1984). · cites it 6× “[5] *560 The Department concluded that Grove City was a "recipient" of "Federal financial assistance" as those terms are defined in the regulations implementing Title IX, 34 CFR §§ 106.2 (g)(1), (h) (1982), [6] and, in July 1977, it requested that the College execute the…”
Bonnie Peltier v. Charter Day Sch., Inc., 37 F.4th 104 (4th Cir. 2022). · cites it 2× “36 USCA4 Appeal: 20-1001 Doc: 134 Filed: 06/14/2022 Pg: 37 of 103 34 C.F.R. § 106.2 (i) (emphasis added). 15 The Supreme Court has clarified that “[e]ntities that receive federal assistance, whether directly or through an intermediary, are recipients within the meaning of Title…”
R.M. Smith v. Nat'l Collegiate Athletic Ass'n Renee M. Smith, 139 F.3d 180 (3d Cir. 1998). · cites it 2× “34 C.F.R. § 106.2 (h) (1997) (emphasis added).”
Nat'l Collegiate Athletic Assn. v. Smith, 525 U.S. 459 (1999). “3d, at 189 , finding that definition inconsistent with 34 CFR § 106.2 (1997), a Title IX regulation issued by the *468 Department of Education.”
Bridget O'COnnOr v. James Davis, Dr., Rockland Psychiatric Ctr., & State of New York, 126 F.3d 112 (2d Cir. 1997). “Preliminarily, in light of O’Connor’s contention that Rockland’s internship program is analogous to vocational training, it is instructive to look to 34 C.F.R. § 106.2 , which defines for Title IX purposes the term “institution of vocational education” as: a school or…”
United States v. Michael Lynn Wyncoop, 11 F.3d 119 (9th Cir. 1993). · cites it 2× “34 C.F.R. § 106.2 (g)(l)(1983). The regulations went on to define a recipient to include: [A]ny 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…”
Rosa H. v. San Elizario Indep. Sch. Dist., 106 F.3d 648 (5th Cir. 1997). “See 34 C.F.R. § 106.2 (h) (1996) (defining “recipient” as the institution, entity, or person that operates an educational program or.”
P.N. v. Greco, 282 F. Supp. 2d 221 (D.N.J. 2003). “The relevant regulation defining a recipient for the purposes of § 504 provides, (i) 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…”
Dorothy Frazier v. Bd. of Trs. of Nw. Mississippi Reg'l Med. Ctr., 765 F.2d 1278 (5th Cir. 1985). “Compare 34 C.F.R. § 106.2 (h) (1984) with 45 C.F.”
Univ. of Richmond v. Bell, 543 F. Supp. 321 (E.D. Va. 1982). · cites it 2× “See 34 C.F.R. §§ 106.2 , 106.11, 106.37, 106.”
Kathy O'COnnOr v. Peru State Coll., 781 F.2d 632 (8th Cir. 1986). “34 C.F.R. § 106.2 (h) (1985) (defining a “recipient” of federal funds as including an entity which receives those funds from another recipient).”
Buckley v. Archdiocese of Rockville Centre, 992 F. Supp. 586 (E.D.N.Y. 1998). · cites it 3× “” 34 C.F.R. § 106.2 (g)(3). There is no plausible argument that Dr.”
Show all 68 citing cases →
34 C.F.R. § 106.2(g): 1 case
Shub v. Hankin, 869 F. Supp. 213 (S.D.N.Y. 1994).
34 C.F.R. § 106.2(h): 2 cases
Buckley v. Archdiocese of Rockville Centre, 992 F. Supp. 586 (E.D.N.Y. 1998). “” 34 C.F.R. § 106.2 (g)(3). There is no plausible argument that Dr.”
State of New York v. United States Dep't of Educ., No. 1:20-cv-04260 (S.D.N.Y. Aug. 9, 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.