34 CFR § 106.39 - Health and insurance benefits and services.
---
identifier: "/us/cfr/t34/s106.39"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 106.39 - Health and insurance benefits and services."
title_number: 34
title_name: "Education"
section_number: "106.39"
section_name: "Health and insurance benefits and services."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "106"
part_name: "NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1681 unless otherwise noted."
regulatory_source: "45 FR 30955, May 9, 1980, unless otherwise noted."
cfr_part: "106"
---
# 106.39 Health and insurance benefits and services.
In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner which would violate Subpart E of this part if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service which may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient which provides full coverage health service shall provide gynecological care.
[45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]