 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
              SUBCHAPTER II--APPROPRIATIONS AND EVALUATIONS
 
     Part 2--Planning and Evaluation of Federal Education Activities
 
Sec. 1228a. Equity for students, teachers, and other program 
        beneficiaries
        

(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 
1221(d) of this title.

(Pub. L. 90-247, title IV, Sec. 427, as added Pub. L. 103-382, title II, 
Sec. 236, Oct. 20, 1994, 108 Stat. 3917.)


                            Prior Provisions

    A prior section 427 of Pub. L. 90-247 was renumbered section 434, 
and is classified to section 1231d of this title.
    Another prior section 427 of Pub. L. 90-247 was renumbered section 
429, and was classified to section 1231f of this title prior to repeal 
by Pub. L. 103-382.


                             Effective Date

    Section effective July 1, 1995, for noncompetitive programs in which 
funds are allocated on the basis of a formula and for programs that are 
conducted on a competitive basis, with respect to appropriations for use 
under such programs in fiscal year 1995 and in subsequent fiscal years, 
see section 3(a)(2) of Pub. L. 103-382, set out as an Effective Date of 
1994 Amendment note under section 1221 of this title.
