20 U.S.C. § 1011

Antidiscrimination

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(a) In general

Institutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s curriculum restricted on the subject of discrimination.

(b) Limitations on statutory construction

Nothing in this chapter shall be construed to limit the rights or responsibilities of any individual under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], or any other law.

(Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590; amended Pub. L. 111–39, title I, § 101(b)(2), July 1, 2009, 123 Stat. 1935.)Editorial NotesReferences in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (b), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Prior Provisions

Provisions similar to this section were contained in section 1142 of this title prior to repeal by Pub. L. 105–244.

A prior section 1011, Pub. L. 89–329, title I, § 121, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 461, stated congressional findings and purposes of articulation agreements grant program, prior to the general amendment of this subchapter by Pub. L. 105–244.

Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279, related to institutional development, prior to the general amendment of this subchapter by Pub. L. 102–325.

Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, stated Congressional findings with respect to education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498.

Another prior section 1011, Pub. L. 89–329, title I, § 114, formerly § 111, Nov. 8, 1965, 79 Stat. 1224, renumbered § 112 and amended Pub. L. 92–318, title I, §§ 102(a)(1), 131(d)(2)(A), June 23, 1972, 86 Stat. 236, 260, renumbered § 113, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 114, Pub. L. 94–482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, prohibited the giving of grants for programs relating to sectarian instruction or worship, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments

2009—Subsec. (b). Pub. L. 111–39 substituted “with” for “With”.

Statutory Notes and Related SubsidiariesEffective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1997–2022 · leading case: Bostock v. Clayton Cnty., 590 U.S. 644 (2020).

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Bostock v. Clayton Cnty., 590 U.S. 644 (2020). · cites it 2× “§3593 (f ) (Special Hearing To Deter- mine Whether a Sentence of Death Is Justified)  20 U. S. C. §1011 (a) (Higher Education Re- sources and Student Assistance; Antidiscrimi- nation)  20 U.”

Waugh v. Connecticut Student Loan Found., 966 F. Supp. 141 (D. Conn. 1997). “Waugh, has filed a two-count complaint against defendant, Connecticut Student Loan Foundation (“CSLF”) alleging that defendant’s denial of his application for a student loan violated the Higher Education Act (“HEA”), 20 U.S.C. § 1011 -1146a (Count One) and his Fourteenth…”

Zuckerman v. Davis (D. Ariz. 2022). · cites it 4× “Other Federal Claims 24 The Amended Complaint lists three other federal statutes under its Basis for 25 Jurisdiction section: 20 U.S.C. § 1011 (a), 42 U.S.C. § 12101 et seq.”

Oakley v. DeVos (N.D. Cal. 2020). “, 20 U.S.C. §§ 1011 , 1011a, 1011i, 1011m (limiting use of federal funding by 21 IHEs for discriminatory purposes, on the basis of participation in protected speech or activity, and in the absence of drug and alcohol abuse prevention programs).”

D.D. v. Stockton Univ. (D.N.J. 2019). “(the “HEA”)(Counts 5-12),2 the Drug-Free Schools and Communities Act Amendments of 1989, 20 U.S.C. § 1011 (the “DFSCA”)(Count 13), personal injury tort claims (Counts 14-21), as well as various derivative claims and theories of liability (Counts 22-35).”

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