34 C.F.R. § 106.31

Education programs or activities

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(a) General. (1) Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or otherwise 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.

(2) In the limited circumstances in which Title IX or this part permits different treatment or separation on the basis of sex, a recipient must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by 20 U.S.C. 1681(a)(1) through (9) and the corresponding regulations §§ 106.12 through 106.15, 20 U.S.C. 1686 and its corresponding regulation § 106.32(b)(1), or § 106.41(b). Adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person's gender identity subjects a person to more than de minimis harm on the basis of sex.

(3) This subpart does not apply to actions of a recipient in connection with admission of its students to an education program or activity of:

(i) A recipient to which subpart C does not apply; or

(ii) An entity, not a recipient, to which subpart C would not apply if the entity were a recipient.

(b) Specific prohibitions. Except as provided in this subpart, 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 which 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, which are designed to provide opportunities to study abroad, and which are awarded to students who are already matriculating at or who are graduates of the recipient institution; Provided, a recipient educational institution which administers or assists in the administration of such scholarships, fellowships, or other awards which 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) Aid, benefits or services not provided by recipient. (1) This paragraph applies to any recipient which requires participation by any applicant, student, or employee in any education program or activity not operated wholly by such recipient, or which 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 which this part would prohibit such recipient from taking; and

(ii) Shall not facilitate, require, permit, or consider such participation if such action occurs.

[45 FR 30955, May 9, 1980, as amended at 47 FR 32527, July 28, 1982; 65 FR 68056, Nov. 13, 2000; 85 FR 30579, May 19, 2020; 89 FR 33887, Apr. 29, 2024]

Notes of Decisions

Cited in 42 cases (14 in the last 5 years), 1983–2025 · leading case: Davis Ex Rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (1999).

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Davis Ex Rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (1999). · cites it 4× “, 34 CFR §§ 106.31 (b)(6), 106.31(d), 106.37(a)(2), 106.”

Whitaker ex rel. Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017). · cites it 2× “§ 1681 (a); see also 34 C.F.R. § 106.31 (a). Covered institutions are, *1047 therefore, among other things, prohibited from: (1) providing different aid, benefits, or services; (2) denying aid, benefits, or services; and (3) subjecting any person to separate or different rules,…”

Women Prisoners of the Dist. of Columbia Dep't of Corr. v. Dist. of Columbia, 877 F. Supp. 634 (D.D.C. 1994). · cites it 10× “34 C.F.R. § 106.31 (a). The denial of access to course offerings on the basis of sex is forbidden.”

G.G. Ex Rel. Grimm v. Gloucester Cnty. Sch. Bd., 822 F.3d 709 (4th Cir. 2016). · cites it 2× “34 C.F.R. § 106.31 (b). We have little difficulty concluding that access to a restroom at a school, under this regulation, can be considered either an “aid, benefit, or service” or a “right, privilege, advantage, or opportunity,” which, when offered by a recipient institution,…”

Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67 (1983). · cites it 2× “31 (b)(7) (1975) (emphasis added) (recodified at 34 CFR § 106.31 (b)(7) (1982)). In 1976 the Secretary notified the University's president of its determination that the University was rendering "significant assistance" within the meaning of the regulation of Iron Arrow.”

Grove City Coll. v. Bell, 465 U.S. 555 (1984). · cites it 2× “, at 24140 (now codified at 34 CFR § 106.31 (1983)). Introductory remarks explained the basis for the agency's decision: "[T]itle IX will be consistent with the interpretation of similar language contained in title VI of the Civil Rights Act of 1964.”

Drew Adams v. Sch. Bd. of St. Johns Cnty., Florida, 57 F.4th 791 (11th Cir. 2022). “34 C.F.R. § 106.31 (b)(4). Neither can a school “[p]rovide different aid, benefits, or services or provide aid, bene- fits, or services in a different manner,” or “[d]eny any person such aid, benefit, or service” on the basis of sex.”

Drew Adams v. Sch. Bd. of St. Johns Cnty. Florida, 968 F.3d 1286 (11th Cir. 2020). · cites it 2× “As with his equal protection claim, Mr. Adams’s claim of sex discrimination is stated narrowly.”

Canutillo Indep. Sch. Dist. v. Martha Leija & Jerry Leija as Next Friends of Rosemarie Leija, a Minor, 101 F.3d 393 (5th Cir. 1997). · cites it 2× “The majority inferred as much because the most definitive statement by the OCR on sexual harassment at that time left unresolved the issue of peer sexual harassment.”

Grimm v. Gloucester Cnty. Sch. Bd., 302 F. Supp. 3d 730 (E.D. Va. 2018). · cites it 2× “§ 1681 (a) ; see also 34 C.F.R. § 106.31 . A covered institution may not, on the basis of sex, (1) provide different aid, benefits, or services; (2) deny aid, benefits, or service, or (3) subject any person to separate or different rules, sanctions, or treatment.”

John Kluge v. Brownsburg Cmty. Sch. Co, 64 F.4th 861 (7th Cir. 2023). “§ 1681(a); see also 34 C.F.R. § 106.31 (a). Such legal as- sumptions, without ȱęȱȱȱȱȱȱ Circuit authorities establishing Title IX liability for transgender discrimination, present merely speculative risk of Title IX liability for the School District.”

Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016). “” 34 C.F.R. § 106.31 (b). The Court easily concludes, and Third-Party Defendants do not dispute, that access to a communal school bathroom constitutes an “aid, benefit[], or service[]” or a “right, privilege, advantage, or opportunity.”

Show all 42 citing cases →

— 34 C.F.R. § 106.31(2) — 1 case

State of Louisiana v. U S Dept of Educ. (W.D. La. 2024).

— 34 C.F.R. § 106.31(a) — 1 case

Canterino v. Barber, 564 F. Supp. 711 (W.D. Ky. 1983).

— 34 C.F.R. § 106.31(a)(2) — 1 case

Kansas, State of v. United States Dep't of Educ. (D. Kan. 2024).

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