§110.12. Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity. — Inbound Citations

The rules stated in this section are subject to the exceptions contained in §§ 110.12 and 110.13 of these regulations.

The burden of proving that an age distinction or other action falls within the exceptions outlined in §§ 110.12 and 110.13 is on the recipient of Federal financial assistance.

If a recipient operating a program or activity provides special benefits to the elderly or to children, the use of age distinctions is presumed to be necessary to the normal operation of the program or activity, notwithstanding the provisions of § 110.12.

Any age distinction contained in regulations issued by ED is presumed to be necessary to the achievement of a statutory objective of the program or activity to which the regulations apply, notwithstanding the provisions of § 110.12.