§105-9.107. Reasonable factors other than age.

A recipient is permitted to take an action, otherwise prohibited by § 105-9.106, which is based on something other than age, even though the 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 correlation to the normal operation of the program or activity or to the achievement of a statutory objective.