Extension of Texas State Plan for
Adult Education and Family Literacy
Certification and Assurance Appendix A
UNITED STATES DEPARTMENT OF EDUCATION
Office of Vocational and Adult Education
The Adult Education and Family Literacy Act
Enacted August 7, 1998 as Title II of the
Workforce Investment Act of 1998 (Public Law 105-220)
The Texas Education Agency
(State Agency) of the State of Texas hereby
submits its revised State plan extension to be effective until June
30, 2007. The eligible agency also assures that this plan, which serves
as an agreement between State and Federal Governments under the Adult
Education and Family Literacy Act, will be administered in accordance
with applicable Federal laws and regulations, including the following
certifications and assurances.
CERTIFICATIONS
EDUCATION DEPARTMENT GENERAL
ADMINISTRATIVE REGULATIONS
(34 CFR Part 76.104)
- (1) The plan is submitted by the State
Agency that is eligible to submit the plan.
- (2) The State agency has authority
under State law to perform the functions of the State under the program.
- (3) The State legally may carry out
each provision of the plan.
- (4) All provisions of the plan are
consistent with State law.
- (5) A State Officer, specified by title
in the certifications, has authority under State law to receive, hold,
and disburse federal funds made available under the plan.
- (6) The State officer who submits the
plan, specified by the title in the certification, has authority to
submit the plan.
- (7) The agency that submits the plan,
specified by the title in the certification, has authority to submit
the plan.
- (8) The plan is the basis for State
operation and administration of the program.
ASSURANCES
WORKFORCE INVESTMENT ACT OF 1998
(Public Law 105-220)
Section 224 (b) (5), (6), and (8)
- 1. The eligible agency will award not
less than one grant to an eligible provider who offers flexible schedules
and necessary support services (such as child care and transportation)
to enable individuals, including individuals with disabilities, or
individuals with other special needs, to participate in adult education
and literacy activities, which eligible provider shall attempt to coordinate
with support services that are not provided under this subtitle prior
to using funds for adult education and literacy services provided under
this subtitle for support services.
- 2. Funds received under this subtitle
will not be expended for any purpose other than for activities under
this subtitle.
- 3. The eligible agency will expend the
funds under this subtitle in a manner consistent with fiscal requirements
in Section 241.
Section 241 Administrative Provisions
- (a) Supplement Not Supplant.—Funds
made available for adult education and literacy activities under this
subtitle shall supplement and not supplant other State or local public
funds expended for adult education and literacy activities.
- (b) Maintenance of Effort.—
- (1) In General.—
- (A) Determination.—An eligible
agency may receive funds under this subtitle for any fiscal year
if the Secretary finds that the fiscal effort per student or the
aggregate expenditures of such eligible agency for adult education
and literacy activities, in the second preceding fiscal year, was
not less than 90 percent of the fiscal effort per student or the
aggregate expenditures of such eligible agency for adult education
and literacy activities, in the third preceding fiscal year.
- (B) Proportionate reduction.—Subject
to paragraphs (2), (3), and (4), for any fiscal year with respect
to which the Secretary determines under subparagraph (A) that the
fiscal effort or the aggregate expenditures of an eligible agency
for the preceding program year were less than such effort or expenditures
for the second preceding program year, the Secretary—
- (i) shall determine the percentage
decreases in such effort or in such expenditures; and
- (ii)shall decrease the payment
made under this subtitle for such program year to the agency
for adult education and literacy activities by the lesser of
such percentages.
- (2) Computation.—In computing
the fiscal effort and aggregate expenditures under paragraph (1),
the Secretary shall exclude capital expenditures and special one-time
project costs.
- (3) Decrease in federal support.—If
the amount made available for adult education and literacy activities
under this subtitle for a fiscal year is less than the amount made
available for adult education and literacy activities under this
subtitle for the preceding fiscal year, then the fiscal effort per
student and the aggregate expenditures of an eligible agency required
in order to avoid a reduction under paragraph (1)(B) shall be decreased
by the same percentage as the percentage decrease in the amount so
made available.
- (4) Waiver.—The Secretary may
waive the requirements of this subsection for 1 fiscal year only,
if the Secretary determines that a waiver would be equitable due
to exceptional or uncontrollable circumstances, such as a natural
disaster or an unforeseen and precipitous decline in the financial
resources of the State or outlying area of the eligible agency. If
the Secretary grants a waiver under the preceding sentence for a
fiscal year, the level of effort required under paragraph (1) shall
not be reduced in the subsequent fiscal year because of the waiver.
______________Texas Education Agency______________________
(State Agency)
______________1701 North Congress Ave_____________________
_______________Austin, Texas 78701________________________
(Address )
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