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Equity: Access and Support Services for Special Populations
The Carl D. Perkins Act focuses on combining quality and equity, in terms of all students having access to and succeeding in high quality vocational education programs. Perkins emphasizes quality through its mandate that programs: (1) provide students with strong experience in and understanding of all aspects of the industry which they are preparing to enter, and (2) integrate both basic and advanced academics and problem-solving skills. High quality programs which are effectively implemented are likely to attract students, and the Perkins Act clearly states that quality is directly linked to the assurance of equity for every student interested in participating.
According to the Act, vocational education programs must ensure equal access and provide support services for students who need specific assistance in order to succeed in high quality programs. Students whose needs demand particular attention are members of "special populations". Members of special populations include any student who:
- is economically disadvantaged
(low-income) - is educationally disadvantaged
(low-achieving) - has a disability
- has limited English proficiency (LEP)
- participates in a program designed to eliminate sex bias
(trying to enter a field not traditional for her/his sex) - is in a correctional institution
Rights of Individual Students
The Perkins Act states that individuals who are members of special populations are entitled to receive attention in addressing specific needs. According to federal law, local programs must offer equal access and provide support services for these students to succeed in quality programs. Among the rights which pertain to individuals who are members of special populations and seek to join a local vocational education program funded by the Perkins Act are the following:
- Equal access to the full range of vocational education programs, and to recruitment, enrollment, and placement activities, including occupationally specific courses of study, cooperative education, apprenticeship programs, and, to the extent practicable, comprehensive career guidance and counseling services1
Particular attention must be given to ensure that practices do not result in students who are members of special populations either being excluded from or "tracked" into any specific vocational education programs. In order to minimize the possibility of infringing upon equal access rights for students who are members of special populations, a program could, for example, use a lottery selection to determine admission of applicants to the full range of vocational education courses. In this way, all interested students would be afforded an equally random opportunity for admission to all components of the vocational education program.
- Protection against discrimination on the basis of their status as members of special populations2
Programs may not discriminate on the basis of a characteristic which qualifies an individual as a member of a special population. For example, an educationally disadvantaged student may not be refused entry into a program on the basis of low academic achievement. Similarly a student who has limited English proficiency must be given the opportunity to enroll in any component of a vocational education program and provided with services to address the student's language needs effectively. Moreover, once admitted to a program a student can not be treated unfairly on the basis of the characteristic which qualifies her/him as a special population student. Such treatment may include lack of information regarding programs, inappropriate placement or similar infringement upon the rights of the student and/or parent/guardian which results in an inequitable opportunity for the student to succeed in a quality program.
- Affirmative outreach and recruitment efforts, and specific program information in a language and form that they and their parents can understand.3 Specifically, information must be provided concerning --
- opportunities available in vocational education;
- requirements for eligibility for enrollment;
- specific courses that are available;
- special services that are available;
- employment opportunities; and
- placement.Students must receive this information at least 1 year before they enter or are of an appropriate age for the grade level in which vocational education programs are available, but no later than the beginning of the ninth grade.4
In addition, program recipients are required to assist students who are members of special populations in entering vocational education programs and in fulfilling transitional service requirements of the Education of the Handicapped Act.5
- Programs of good quality in the most integrated setting possible6
Individuals who are members of special populations must be permitted to participate with other students in a shared setting instead of in segregated areas.
- The extra services they need to succeed in those programs based on assessment of their individual needs
Programs must meet the needs of students who are members of special populations by appropriately identifying and addressing them individually. Solutions for students may not be developed based on perceived needs of members of these populations as a whole. Instead, they should address particular needs as they have been properly assessed to enable student success in a quality program.
The supplementary services which must be provided include:
- curriculum modification;
- equipment modification;
- classroom modification;
- supportive personnel; and
- instructional aids and devices7
- counseling;
- English-language instruction;
- child care; and
- special aids.8
- Guidance, counseling, career, and transition services from professionally trained staff9
Students should be provided with services which enable them to leave a vocational program and pursue the widest possible range of post-secondary opportunities, including higher education, employment and other career development options.
Teachers and counselors who work with students on career guidance should be professionally trained and knowledgeable about the provision of special services to ensure that students are properly informed and are not treated with unfair bias in determining post-secondary opportunities.
Requirements for Local Programs
The individual student rights described above must be provided by local programs. In order to ensure that programs are fulfilling the rights of students, there are critical procedures which must be followed locally. These include completion of local applications, local program evaluations, and other requirements.
Local applications for Perkins funds are submitted by school districts or post-secondary institutions to the State for approval and funding. These program applications must describe:
- the extent to which the program will provide equitable participation for students who are members of special populations and will appropriately use Perkins as a resource for providing the support services these students need to succeed in a quality program10
- the number of individuals in each of the special populations11
- how the needs of individuals who are members of special populations will be assessed and how planned uses of funds will meet these needs12
- how they will provide students with access to programs of good quality to economically disadvantaged students, students with disabilities, and LEP students through affirmative outreach and recruitment efforts;13 and
- methods used to develop vocational education programs in a manner which includes consulting with parents and students of special populations.14
Local program evaluations are required to be conducted annually by each recipient of Perkins grants. As part of the annual evaluation, recipients must:
- review programs with the full and informed participation of members of special populations, to
- identify and adopt strategies to overcome any barriers which are resulting in lower rates of access to vocational education programs or success in such programs for individuals who are members of special populations
- evaluate the progress of individuals who are members of special populations in vocational education programs; and
- evaluate the progress of vocational education programs in providing students with strong experience in and understanding of all aspects of the industry students are preparing to enter.15
Local program evaluations are designed to identify the extent to which programs are successful in providing a quality education for all students and ensuring that distinctive needs are addressed for students who are members of special populations. Program evaluations are to focus on student outcomes in vocational education. Outcomes are defined to mean "basic and more advanced academic skills" as well as "strong experience in and understanding of all aspects of the industry a student is preparing to enter."16 The measure of program success is the extent to which students in vocational education are able to achieve these outcomes. Students who are members of special populations may require support services to achieve these outcomes, and programs must provide these services. An annual evaluation should determine whether or not any barriers which prevent student access to programs are being identified and removed, and whether or not support services are effectively enabling students who are members of special populations to demonstrate progress in attaining quality educational outcomes.
The specific outcomes for students in vocational education are identified in a state system of standards and measures of performance. The standards and measures developed for use within a state apply to all students in vocational education. However, students who are members of special populations should receive appropriate services which will enable them to succeed in achieving quality outcomes. The outcomes include:
- learning and competency gains, including student progress in the achievement of basic and more advanced academic skills 17 and
- strong experience in and understanding of all aspects of the industry the students are preparing to enter18.
In order to assist students in achieving these outcomes, programs should offer incentives or adjustments designed to encourage service to targeted groups or special populations and, for students with Individualized Education Plans (IEPs), consistent with those as appropriate.19
Adequate assessment of the progress of all students, especially members of special populations, requires that a recipient of Perkins funds follow key guidelines.
1. Assess data for each category of special population students separately
The Act is clear in requiring that every state must assess the needs and treatment of the members of each special population separately. Students' needs and the range and quality of supplemental services available vary among different populations. In some cases, one population may be entering and succeeding in a program while another is not. Therefore, it is key that the assessment examine the entrance, success and completion rates of students for the members of each special population separately. Only in this way can programs determine whether each students' needs are being specifically and adequately addressed. In response to this assessment, programs must identify key areas for improvement and develop measures to address the particular needs of individuals.
2. Assess data gathered from each vocational education program separately
The Act emphasizes that all students must have access and support services to succeed in the full range of vocational education programs. The rate at which individual programs include and meet the needs of special populations may vary, even if overall rates of access and achievement among members of special populations appear to be equitable. Therefore, it is important for States to assess the enrollment and completion rates of students who are members of special populations in each program separately. Only in this way can the State determine whether certain programs are undersubscribed or oversubscribed by members of special populations. Based on the State's findings, programs must identify areas which need improvement to reflect equal access and achievement levels. The State must then develop ways of ensuring that members of special populations are exercising choice and receiving fair and equitable treatment in all programs.
Other Requirements for Local Programs which receive Perkins funds include monitoring to ensure that key provisions of the Act are being implemented, working with state officials when necessary to remedy difficulties in implementation, and providing for participatory planning of vocational education programs. The participatory planning provision of the Perkins Act states that effective procedures are established at the state and local program levels for students, parents, teachers and area residents to be involved in decisions which influence the character of programs.20
Other Requirements for States
While all vocational education programs must ensure that the rights of students are protected, the state has responsibility for oversight of local implementation. The State Plan for Perkins programs is the key policy which identifies how resources will be allocated to local education agencies (LEAs) for vocational education programs. The State must assess programs, establish standards and measures for student and program outcomes, and monitor and evaluate implementation of quality, equity and participatory planning provisions. Specifically, the state must
(1) conduct an assessment of programs within the state to determine educational quality, including the ability of recipients to meet the needs of students who are members of special populations and the ability to raise the quality of programs in schools with high concentrations of poor and low-achieving students;21
(2) prepare a state plan, based on information gained from the assessment, which describes the manner in which the state will monitor and evaluate the ability of programs to appropriately serve students who are members of special populations and will assure that programs are in compliance with the Perkins Act;22
(3) develop a system of core standards and measures of performance for vocational programs which give special population students an opportunity to achieve in vocational education;23 and
(4) integrate provisions and resources from other relevant law and policy to ensure that the needs of students who are members of special populations are being met by involving state level administrators of various programs including Chapter 1, limited English proficiency, and others.24
Compliance with Federal Civil Rights and Disability Laws
Vocational education programs and activities must comply with federal civil rights laws and laws which protect the rights of individuals with disabilities. Programs generally should not have criteria for participation which have the effect of disproportionately excluding persons of a particular race, color, national origin (including limited English proficiency status), sex or handicap. In order to describe the civil rights laws and statutes which ensure inclusion of students in vocational education programs, the table below is provided.
| Civil Rights Law | Discrimination Prohibited on the Basis of... |
| Title VI, Civil Rights Act of 1964 25 |
- race, color, national origin in any program receiving Federal financial assistance. - Regulations were issued in 1965. |
| Title IX, Education Amendments of 1972 26 |
- sex in educational programs receiving or benefiting from Federal financial assistance. - Regulations were issued in 1975. |
| Sec 504, Rehabilitation Act of 1973 27 |
- handicap in any program receiving Federal financial assistance. - Regulations were issued in 1977. |
In 1979, the Office of Civil Rights (OCR) issued guidelines for
eliminating discrimination and denial of services on the basis
of characteristics indicated in these three laws28. These civil
rights guidelines prohibit admissions criteria
in the full range of vocational education programs which discriminate
against students on the basis of race, color, national origin,
sex and disability. Programs may not adopt practices which
disproportionately affect students who are members of special
populations unless such criteria have been validated as essential
to participation in a given program and unless alternative, equally
valid criteria that do not have an adverse effect are unavailable.
Thus, procedures for admitting or placing students in programs
must not indirectly result in a disproportionate number
of students who are members of special populations participating
at either higher or lower rates than other students in a program,
unless specific criteria have been validated as essential for
participation in a program and alternative and valid criteria
are not available.
In addition to civil rights laws, there are other laws which
protect students with disabilities.
These laws are outlined below.
| Laws for Individuals With Disabilities | Prohibitions and Opportunities for Addressing Disabilities Include... |
| Title II of the Americans with Disabilities Act (ADA)29 |
- ADA prohibits government entities from discriminating on the basis of disability. - Regulations for implementing Title II include requirements for reasonable accommodation, modifications of program policies and procedures, and rights to receive services in integrated settings. |
| The Individuals with Disabilities Education Act ("IDEA")30 |
- IDEA provides federal aid to reimburse state and local education agencies for a portion of the cost of providing special education and related services to students who need it. - Vocational education programs must adhere to procedures for students who qualify under IDEA, and policies must be consistent with established assessment, placement and evaluation criteria as required under IDEA. Under IDEA, every student in the state who has a disability and is in need of special education is entitled to:
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Finally, in addition to addressing the needs of students as protected
by civil rights and disability laws, the Perkins Act prohibits
discrimination on the basis of characteristics such as educational
or economic disadvantage, single parent/displaced homemaker status,
or enrollment in a correctional facility. In order to address
the needs of these students, the Perkins Act relies upon civil
rights rulings which clarify the meaning of "access"
to include provision of services necessary for real participation.
The Perkins Act requires programs to ensure "equal access
and support services" for students who are
- economically disadvantaged
- educationally disadvantaged
- disabled
- limited English proficient
- trying to enter a field not traditional for that person's sex
- single parent or displaced homemaker
- belonging to a correctional institution
In sum, the Perkins Act is a mandate for equity and quality in vocational education programs. It is a legal handle for students, parents, teachers and others involved in the educational development of all students to ensure equity of access and opportunities to succeed in educationally sound programs.
Endnotes/References/Cites
Amendments of 1990 (P.L. 101-392)
1 Sec. 118(a)(1),(2)
2 Sec. 118(a)(2)
3 Sec. 118(b)(3)
4 Sec. 118(b)(1)
5 Sec. 118(c)(1)
6 Sec. 118(c)(2)
7 Sec. 118(c)(3), 521(38)
8 Sec. 240(12)(B)
9 Sec. 118(c)(4),(5)
10 Sec. 240(1)
11 Sec. 240(2)
12 Sec. 240(3)
13 Sec. 240(4)
14 Sec. 240(8)
15 Sec. 117(a)
16 Sec. 115(b)
17 Sec. 115(b)(1)
18 Sec. 117(a)(2)
19 Sec. 115(b)(3)
20 Sec. 118(d)
21 Sec. 116(a)(6),(7)
22 Sec. 113(b)(3)
23 Sec. 115(a)
24 Sec. 111(c),(d),(e)
25 42 United States Code Sec. 2000d et seq.
26 20 United States Code Sec. 1681
27 29 United States Code Sec. 794
28 34 Code of Federal Regulations, Part 100, Appendix B
29 20 United States Code Sec. 12101 et seq.
30 20 United States Code Sec. 1400 et seq.
Prepared by the Center for Law and Education's Vocational Opportunity for Community and Educational Development (VOCED) Project. The VOCED Project works on local, state, and national levels to redirect vocational education and school-to-work programs to better meet the long-term educational, social and economic needs of students and communities. Funding for the VOCED Project has been provided by the DeWitt Wallace-Reader's Digest Fund, the Ford Foundation, the Joyce Foundation, and the Charles Stewart Mott Foundation.
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