In this program, a State would be required to provide this description only for projects or activities that it carries out with funds reserved for State-level use. In addition, local school districts or other eligible applicants that apply to the State for funding would be required to provide this description in their applications to the State for funding. The State would be responsible for ensuring that the local education agency (LEA) has submitted a sufficient Section 427 statement as described below.
This provision allows applicants discretion in developing the required description. The statue highlights six types of barriers that can impede equitable access or participation: gender, race, national origin, color, disability, or age. Based on your circumstances or those of a local education agency, the applicant should determine whether these or other barriers may prevent students, teachers, etc. from such access to, or participation in, the Federally-funded project or activity. The description in the application of steps to be taken to overcome these barriers need not be lengthy; you (or, in the case of an LEA application, the LEA) may provide a clear and succinct description of how you plan to address those barriers that are applicable to your circumstances. In addition, the information may be provided in a single narrative, or, if appropriate, may be discussed in connection with related topics in the application.
Section 427 is not intended to duplicate the requirements of the civil rights statutes, but rather to ensure that, in designing their projects, applicants for Federal funds address equity concerns that may affect the ability of certain potential beneficiaries to fully participate in the project and to achieve to high standards. Consistent with program requirements and its approved application, an applicant may use the Federal funds awarded to it to eliminate barriers it identifies.
We recognize that many applicants may already be implementing effective steps to ensure equity of access and participation in their grant programs, and we appreciate your cooperation in responding to the requirements of this provision.
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