Limitation Provisions in Educational Legislation


Date: June 30, 1999
For: State Directors of Adult Education
State Directors of Vocational Education
State School-to-Work Directors
State Directors of Vocational Rehabilitation
State Workforce Directors
From: RAYMOND L. BRAMUCCI, Assistant Secretary
Employment and Training Administration
JUDITH E. HEUMANN, Assistant Secretary
Special Education and Rehabilitative Services
PATRICIA W. McNEIL, Assistant Secretary
Vocational & Adult Education
Subject: Guidance Regarding the Non-duplication Provision in the Workforce Investment Act [Pub.L. 105-220; section 129(c)(6)(B)] and the Limitation Provision in the Carl D. Perkins Vocational and Applied Technology Amendments Act [Pub. L. 105-332; section 6]

This is the second in what we hope to be a series of joint communications regarding cross–cutting issues pertaining to the implementation of the Workforce Investment Act (WIA). The first communication, which was issued on December 17, 1998, outlined the coordination efforts being undertaken by the Departments of Labor and Education to make it easier to implement WIA's reforms at the State and local level.

The purpose of this memorandum is to provide guidance regarding the relationship between WIA, which includes the Adult Education Act; the new Perkins Act (Perkins III); and the School–to–Work Opportunities Act (STW). WIA and Perkins III contain corresponding provisions addressing this relationship.

These provisions require that funds be used in accordance with the requirements of each Act. This type of provision is common in a variety of Federal statutes.

These provisions say that none of the funds provided under each of these Acts, "may be used to provide funding under the School-to-Work Act, or to carry out, through programs funded under this Act, activities under STW, unless the programs funded serve only participants eligible to participate in the programs under [WIA or Perkins III respectively]." This means that funds must be expended on activities that are authorized by these Acts to serve individuals who are otherwise eligible under such Acts. Thus, WIA funds may not be transferred to STW to operate programs, may not be used to provide services that are not authorized under WIA, and may not be used to serve individuals who are not eligible to participate under WIA.

The same is true with respect to the use of funds under Perkins III. An activity funded under Perkins III must meet all other applicable requirements, including the supplanting prohibition in section 311(a) of Perkins III.

Thus, the programs authorized under Perkins III or WIA may collaborate with programs operated under STW, provided that the limitations listed above are observed. If the activity is allowable and the participant [in the case of workforce programs] is eligible, State or local administrative or policy bodies may coordinate, consult, and cooperate among WIA, Perkins III, and STW programs.

These requirements do not limit activities that may be carried out for participants under WIA or Perkins III. The Departments of Education and Labor do not foresee that these provisions will create barriers to successful collaboration between STW and workforce investment, vocational education, vocational rehabilitation, or adult education activities. Assuming that you currently satisfy the above conditions, these provisions would not require you to do anything in the future differently than you are doing now.

WIA and Perkins III became law on the date of enactment, however, they do not affect appropriations until program year 1999, which begins July 1, 1999. (Note: The job training provisions of WIA only take effect when a State implements such provisions -- which may not be until July 1, 2000.) Thus, these Acts do not make any immediate changes in the use of School-to-Work, Job Training Partnership Act, Adult Education, Vocational Education, or Vocational Rehabilitation funds prior to implementation.

Please contact the Office of Vocational and Adult Education or the Office of Special Education and Rehabilitative Services in the Department of Education; the Employment and Training Administration in the Department of Labor; or the National School-to-Work Opportunities Office, with any specific questions that you may have.

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Last Modified: 09/15/2004