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Title 20 — Education

Part B · Chapter 28 — Higher Education Resources and Student Assistance

§ 1011. Antidiscrimination

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title I § 111 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1011

    Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590

    Source evidence

    Code source credit
    Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590

    Enacted provision · exact public law section
    Sec. 111. limitation No grant, may be. made under this title for any educational program, activity, or service, related to sectarian instruction or religious “School or department of divinity.” worship, or provided by a school or department of divinity. For purposes of this section, the term “school or department of divinity” means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.

  2. Pub. L. 111–39 title I § 101(b)(2) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1011(b)

    Pub. L. 111–39 substituted “with” for “With”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–39 substituted “with” for “With”.

    Enacted provision · exact public law section
    (2) in section 111(b) (20 U.S.C. 1011(b)), by striking “With” and inserting “with”;

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (b), is Pub. L. 101–336, , 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, , 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, , 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, , 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), , 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, , 79 Stat. 1224, renumbered § 112 and amended Pub. L. 92–318, title I, §§ 102(a)(1), 131(d)(2)(A), , 86 Stat. 236, 260, renumbered § 113, Pub. L. 93–29, title VIII, § 803, , 87 Stat. 59, renumbered § 114, Pub. L. 94–482, title I, § 101(e), , 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 Subsidiaries

Effective Date of 2009 Amendment

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

Credits

1998–2009 · 2 acts
  1. 1998Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), , 112 Stat. 1590
  2. 2009amended Pub. L. 111–39, title I, § 101(b)(2), , 123 Stat. 1935.
Show as published

(Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), , 112 Stat. 1590; amended Pub. L. 111–39, title I, § 101(b)(2), , 123 Stat. 1935.)

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