40 CFR § 5.305 - Preference in admission.

---
identifier: "/us/cfr/t40/s5.305"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 5.305 - Preference in admission."
title_number: 40
title_name: "Protection of Environment"
section_number: "5.305"
section_name: "Preference in admission."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "5"
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, 1682, 1683, 1685, 1686, 1687, 1688."
regulatory_source: "65 FR 52865, 52890, Aug. 30, 2000, unless otherwise noted."
cfr_part: "5"
---


# 5.305 Preference in admission.

A recipient to which §§ 5.300 through 5.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity that admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of §§ 5.300 through 5.310.