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 D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited

34 C.F.R. § 106.46

Severability

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If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby.

[91 FR 61322, Sept. 29, 2026]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: State of Texas v. United States, 740 F. Supp. 3d 537 (N.D. Tex. 2024).
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State of Texas v. United States, 740 F. Supp. 3d 537 (N.D. Tex. 2024). · cites it 3× “45 (f)(4)(i)); and unfair limits on live hearing procedures for postsecondary institutions ( 34 C.F.R. § 106.46 (g)). III. Texas must either comply or adopt policies violating State law.”
L.S. v. Hanover Area Sch. Dist., No. 3:22-cv-00234, 2024 WL 2393038 (M.D. Pa. May 23, 2024). “’s parents of any determination, including any disciplinary sanctions on those accused of sexual assault, see 34 C.F.R. § 106.46 (b)(7) (2020); and 6) taken corrective action to remedy the hostile environment, see 34 C.”
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