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ALL STATE WORKFORCE LIAISONS |
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ALL STATE WORKFORCE AGENCY ADMINISTRATOR |
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ALL ONE-STOP CENTER SYSTEM LEADS
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ALL STATE EO OFFICERS
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ALL JOB CORPS CONTRACTORS
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ALL JOB CORPS CENTER DIRECTORS
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ALL NATIONAL PROGRAM GRANTEES |
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PATRICK PIZZELLA |
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Assistant Secretary for Administration and
Management |
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W. ROY GRIZZARD, JR. |
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Assistant Secretary for Disability Employment
Policy |
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EMILY STOVER DEROCCO |
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Assistant Secretary for Employment and Training |
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WIA Section 188 Disability
Checklist |
The U.S. Department of Labor, Civil Rights Center (CRC) (which is
organizationally located within the Office of the Assistant Secretary for
Administration and Management), in cooperation with the Office of the Assistant
Secretary for the Employment and Training Administration (ETA) and the Office
of the Assistant Secretary for Disability and Employment Policy (ODEP), has
developed this "WIA Section 188 Disability Checklist." The Checklist is
designed to ensure meaningful participation of people with disabilities in
programs and activities operated by recipients of financial assistance under
the Workforce Investment Act of 1998 (WIA), including those that are part of
the One-Stop delivery system. Section 188 of WIA (WIA Section 188) ensures
nondiscrimination and equal opportunity for various categories of persons,
including persons with disabilities, who apply for and participate in programs
and activities operated by recipients of WIA Title I financial assistance.
The Checklist does not create any new legal requirements or change
current legal requirements. Rather the Checklist provides CRC with a uniform
procedure for measuring compliance with those provisions of Section 188 and the
implementing regulations (29 CFR part 37) that pertain to persons with
disabilities.
The Checklists structure is based on the nine elements of the
Methods of Administration (MOA), a document that each Governor is required to
develop and adhere to under
29 CFR part 37.* A States MOA outlines the policies, procedures,
and systems that the State has designed and put in place in order to provide a
reasonable guarantee that the State and its recipients will comply with the
nondiscrimination and equal opportunity requirements of WIA Section 188 and its
implementing regulations. All Governors have submitted a WIA MOA that has been
approved by the CRC Director.
In demonstrating compliance with Section 188, a recipient that has
received WIA financial assistance from a State must show that it adheres to the
policies, procedures, and systems described in its State's WIA MOA. This WIA
Section 188 Disability Checklist may be used by a State to monitor its own
compliance, and that of its recipients, with the aspects of Section 188 and its
implementing regulations that pertain to persons with disabilities. States,
however, may wish to expand upon the standards set forth in this Checklist to
include those established by State laws and/or specific policies and procedures
required by the State. CRC and ODEP are available to provide technical
assistance to States in this regard.
The Checklist identifies the basic disability-related requirements
imposed by Section 188 and 29 CFR part 37, including references to key sections
in the regulations promulgated by the Secretary of Labor and explanatory
statements published in the Federal Register. The electronic version of the
Checklist includes hotlinks that connect directly with the text of the
regulations and explanatory materials published in the Federal Register.
The Checklist also includes examples of policies, procedures and other
steps (set out in the form of bullet points) that recipients of financial
assistance under WIA may follow to ensure equal access to programs and services
under WIA for people with disabilities. These bullet-pointed "examples of
practices" are not mandatory. They do not create new legal requirements or
change current legal requirements. States and recipients are free to implement
these examples or devise alternative approaches.
State administrators should distribute this memorandum and the attached
checklist to appropriate staff.
For additional information, contact Ramón Surís Fernández, Esq., Director,
Civil Rights Center, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Room N-4123, Washington, D.C. 20210, (202) 693-6501 (voice) (this is not a
toll-free number) or (800) 326-2577 (TTY/TDD),
Suris-Fernandez.Ramon@dol.gov; or
Susan Parker, Director of Policy and Research, Office of Disability Employment
Policy, (202) 693-7880 (voice) or (202) 693-7881 (TTY/TDD) (not toll-free
numbers), parker.susan@dol.gov.
* See "State Guidance for Developing Methods
of Administration Required by Regulations Implementing Section 188 of the
Workforce Investment Act" (65 FR 51984-51990, August 25, 2000).
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