§76.712. Beneficiary protections: Written notice.
34 C.F.R. § 76.712
An organization providing social services to beneficiaries under a Department program supported by direct Federal financial assistance must give written notice to a beneficiary or prospective beneficiary of certain protections. Such notice must be given in the manner and form prescribed by the Department. This notice must state that—
The organization may not discriminate against a beneficiary or prospective beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
The organization may not require a beneficiary or prospective beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by a beneficiary in such activities must be purely voluntary;
The organization must separate in time or location any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; and
A beneficiary or prospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint with the Department.
The written notice described in paragraph (a) of this section must be given to a prospective beneficiary prior to the time they enroll in the program or receive services from the program. When the nature of the service provided or exigent circumstances make it impracticable to provide such written notice in advance of the actual service, an organization must provide the notice at the earliest available opportunity.
The Department may determine that the notice described in paragraph (a) of this section must inform each beneficiary or prospective beneficiary of the option to seek information from the Department, or a State agency or other entity administering the applicable program, as to whether there are any other federally funded organizations in their area that provide the services available under the applicable program.
The notice that an organization uses to notify beneficiaries or prospective beneficiaries of the rights under paragraphs (a) through (c) of this section must include language substantially similar to that in appendix C to 34 CFR part 75.
Notes, amendments, and revision history
Amendments
[89 FR 15704, Mar. 4, 2024]
Authority
Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 76.101 also issued under 20 U.S.C. 1221e-3, 3474, and 7844(b). Section 76.127 also issued under 48 U.S.C. 1469a. Section 76.128 also issued under 48 U.S.C. 1469a. Section 76.129 also issued under 48 U.S.C. 1469a. Section 76.130 also issued under 48 U.S.C. 1469a. Section 76.131 also issued under 48 U.S.C. 1469a. Section 76.132 also issued under 48 U.S.C. 1469a. Section 76.134 also issued under 48 U.S.C. 1469a. Section 76.136 also issued under 48 U.S.C. 1469a. Section 76.140 also issued under 20 U.S.C. 1221e-3, 1231g(a), and 3474. Section 76.301 also issued under 20 U.S.C. 1221e-3, 3474, and 7846(b). Section 76.401 also issued under 20 U.S.C. 1221e-3, 1231b-2, and 3474. Section 76.709 also issued under 20 U.S.C. 1221e-3, 1225(b), and 3474. Section 76.710 also issued under 20 U.S.C. 1221e-3, 1225(b), and 3474. Section 76.720 also issued under 20 U.S.C. 1221e-3, 1231a, and 3474. Section 76.740 also issued under 20 U.S.C. 1221e-3, 1232g, 1232h, and 3474. Section 76.783 also issued under 20 U.S.C. 1231b-2. Section 76.785 also issued under 20 U.S.C. 7221e. Section 76.786 also issued under 20 U.S.C. 7221e Section 76.787 also issued under 20 U.S.C. 7221e. Section 76.788 also issued under 20 U.S.C. 7221e. Section 76.901 also issued under 20 U.S.C. 1234.
Source
Source: 45 FR 22517, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.
Amendments
[89 FR 15704, Mar. 4, 2024]