34 CFR § 110.13 - Exceptions to the rules against age discrimination: Reasonable factors other than age.

---
identifier: "/us/cfr/t34/s110.13"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 110.13 - Exceptions to the rules against age discrimination: Reasonable factors other than age."
title_number: 34
title_name: "Education"
section_number: "110.13"
section_name: "Exceptions to the rules against age discrimination: Reasonable factors other than age."
chapter_name: "OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION"
part_number: "110"
part_name: "NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6101  unless otherwise noted."
regulatory_source: "58 FR 40197, July 27, 1993, unless otherwise noted."
cfr_part: "110"
---


# 110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age.

A recipient is permitted to take an action otherwise prohibited by § 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.

(Authority: 42 U.S.C. 6103)