This memorandum outlines an additional requirement for State Plans developed under Title II of the Workforce Investment Act (WIA) created by Sec. 427 of the General Education Provisions Act (GEPA). This information is not included in the draft guidance dated December 8, 1998.

The purpose of this requirement is to assist the Department in implementing its mission to ensure equal access to education and to promote educational excellence throughout the Nation. This requirement ensures equal opportunities to participate for all eligible students, teachers and other program beneficiaries in any project or activity carried out under an applicable program, such as adult education, and promotes the ability of such students, teachers, and beneficiaries to meet high standards.

Each eligible agency must develop and describe in its State Plan the steps the eligible agency will take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with federal adult education assistance, by addressing the special needs of students, teachers and other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color, national origin, disability and age.

A copy of Sec. 427 of GEPA is attached for your reference. Please contact your Area Coordinator with any questions you may have with respect to this additional guidance.

Sec. 427. Equity for students, teachers, and other program beneficiaries [20 USC 1228a]

(a) Purpose

The purpose of this section is to assist the Department in implementing the Department's mission to ensure equal access to education and to promote educational excellence throughout the Nation, by--

(1) ensuring equal opportunities to participate for all eligible students, teachers, and other program beneficiaries in any project or activity carried out under an applicable program; and
(2) promoting the ability of such students, teachers, and beneficiaries to meet high standards.

(b) Requirement to develop steps to ensure equity

The Secretary shall require each applicant for assistance under an applicable program (other than an individual) to develop and describe in such applicant's application the steps such applicant proposes to take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with such assistance, by addressing the special needs of students, teachers, and other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color, national origin, disability, and age.

(c) Establishment of criteria

The Secretary may establish criteria and provide technical assistance for meeting the requirements of this section.

(d) Effect on other laws

Nothing in this section shall be construed to alter in any way the rights or responsibilities established under the laws cited in section 400(d) of this Act.