Extension of Texas State Plan for
Adult Education and Family Literacy
TAC SBOE TEC Chap
89 – Appendix J
Texas Administrative Code
State Board of Education Rule-Title 19, Part
II,
Chapter 89. Adaptations for Special Populations
Subchapter B. Adult Basic and Secondary Education
Statutory Authority: The provisions Subchapter
B issued under
Texas Education Code, §7.102(c)(16) and §29.253, unless otherwise
noted.
§89.21. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Adult education - Basic and secondary instruction and services for
adults.
(A) Adult basic education - Instruction in reading, writing, English
and solving quantitative problems, including functional context,
designed for adults who: have minimal competence in reading, writing,
and solving quantitative problems; are not sufficiently competent
to speak, read, or write the English language; or are not sufficiently
competent to meet the requirements of adult life in the United States,
including employment commensurate with the adult's real ability.
(B) Adult secondary education - Comprehensive secondary instruction
below the college credit level in reading, writing and literature,
mathematics, science, and social studies, including functional context,
and instruction for adults who do not have a high school diploma
or its equivalent.
Contact time –
(A) The cumulative sum of minutes during which an eligible adult
student receives instructional, counseling, and/or assessment services
by a staff member supported by federal and state adult education
funds as documented by local attendance and reporting records.
(B) Student contact time generated by volunteers may be accrued
by the adult education program when volunteer services are verifiable
by attendance and reporting records and volunteers meet requirements
under §89.25 of this title (relating to Qualifications and Training
of Staff).
Student contact hour - 60 minutes.
Cooperative/consortium adult education program - A community or area
partnership of educational, work force development, human service entities,
and other agencies that agree to collaborate for the provision of adult
education and literacy services.
Fiscal agent - The local entity that serves as the contracting agent
for an adult education program.
Eligible grant recipient - Eligible grant recipients for adult education
programs are those entities specified in statutes. Eligible grant recipients
must have at least one year of experience in providing adult education
and literacy services.
§89.22. Use of Funds.
Adult education and literacy funds are to be used for programs of
adult education and literacy for out-of-school persons who are beyond
compulsory school attendance age and who function at less than a secondary
school completion level or who lack a secondary school credential.
§89.23. Essential Program Components.
The following essential program components shall be provided :
(1) adult basic education;
(2) programs for adults of limited English proficiency;
(3) adult secondary education, including programs leading to the achievement
of a high school equivalency certificate and/or a high school diploma;
(4) instructional services to improve student proficiencies necessary
to function effectively in adult life, including accessing further
education, employment-related training, or employment; and
(5) assessment and guidance services related to paragraphs (1)-(4)
of this section.
§89.24. Diploma Requirements.
The standards for the awarding of diplomas to adults shall be those
established under Chapter 75 of this title with the following exceptions.
(1) There shall be no limit to the number of secondary credits adults
may earn by demonstration of competence.
(2) Adults may earn the required physical education credits by one
or more of the following:
(A) satisfactory completion of approved secondary physical education
courses; or
(B) substitution of state-approved secondary elective courses.
(3) Adults must meet the requirements for successful performance
on a secondary level test designated by the Commissioner of Education.
§89.25. Qualifications and Training of Staff.
The requirements of this section shall apply to all adult education
staff hired after September 1, 1996, excluding clerical and janitorial
staff.
(1) All staff shall receive at least 12 clock hours of professional
development annually.
(2) All staff new to adult education shall receive six clock hours
of preservice professional development before they begin work in an
adult education program.
(3) Aides shall have at least a high school diploma or high school
equivalency certificate.
(4) The following apply to directors, teachers, counselors, and supervisors.
(A) Persons must possess at least a bachelor's degree.
(B) Persons without valid Texas teacher certification must attend
12 clock hours of inservice professional development annually in
addition to that specified in paragraph (1) of this section until
they have completed either six clock hours of adult education college
credit or attained two years of adult education experience.
(5) The requirements for inservice professional development may be
reduced by local programs in individual cases where exceptional circumstances
prevent employees from completing the required hours of inservice professional
development. Documentation shall be kept justifying such circumstances.
Requests for exemption from staff qualification requirements in individual
cases may be submitted to the Texas Education Agency (TEA)
for approval in the application for funding and must include justification
and proposed qualifications.
(6) Records of staff qualifications and professional development shall
be maintained by each fiscal agent and must be available for monitoring.
(7) The requirements in paragraphs (1)-(5) of this section also apply
to volunteers who generate student contact time, as defined under §89.21
of this title (relating to Definitions), which is accrued by the adult
education program and reported to TEA for funding purposes.
§89.26. Service Requirements for Staff.
Teachers and aides shall be assigned to instruction, counseling, and/or
assessment for a minimum of 75% of the hours for which they are employed.
§89.27. Program Delivery System.
(a) There shall be a statewide system of adult education cooperatives/consortia
for the coordinated provision of adult education services. To the extent
possible, service delivery areas shall be large enough to support a
program meeting the requirements of §89.23 of this title (relating
to Essential Program Components) and to ensure efficient and effective
delivery of services.
(b) Eligible grant recipients may apply directly to the Texas Education
Agency (TEA) for adult education and literacy funding. Eligible grant
recipients are encouraged to maximize the fiscal resources available
for service to undereducated adults and avoid unproductive duplication
of services and excessive administrative costs by forming consortia
or cooperatives and using fiscal agents for the delivery of services.
(c) Grant applicants who will serve as a fiscal agent for a cooperative/consortium
must consult with other adult education and literacy providers in the
cooperative/ consortium in developing applications for funding to be
submitted to TEA.
(d) Each fiscal agent shall be responsible for:
(1) the overall management of the cooperative/consortium, including
technical assistance to consortium members, on-site visits, staff
qualifications and professional development, and program implementation
in accordance with the requirements of this subchapter;
(2) the employment of an administrator for the cooperative/consortium;
(3) development of written agreements with consortium members for
the operation of the adult education program; and
(4) expenditures of funds for the conduct of the project and making
and filing composite reports for the consortium.
(e) Non-consortium applicants must also provide evidence of coordination
of existing adult education and literacy services in the area proposed
to be served and maintain an advisory committee.
§89.28. Advisory Committee.
At least one collaborative advisory committee shall be formed in each
funded adult education program. That committee shall be composed of
a broad spectrum of community representatives , including work force
development representatives, to review the activities of, and make
recommendations to, the fiscal agent in planning, developing, and evaluating
the adult education program. The fiscal agent shall be responsible
for convening the collaborative advisory committee at least twice each
year.
§89.29. Allocation of Funds.
(a) Annually, after federal adult education and literacy funds have
been set aside for state administration, special projects and staff
development, state and federal adult education fund allocations shall
be developed for each county and each school district geographic area.
Allocations shall be computed as follows.
(1) Twenty-five percent of the funds available shall be allocated
based on the best available estimates of the number of eligible adults
in each county and school district geographic area within each county.
(2) Seventy-five percent of the funds available shall be allocated
based on student contact hours reported by each school district geographic
area and for the most recent complete fiscal year reporting period.
(3) A school district geographic area's student contact hour annual
allocation shall not be reduced by more than 10% below the preceding
fiscal year's contact hour allocation provided that:
(A) sufficient funds are available; and
(B) the school district geographic area's contact hour performance
used in calculating the allocation was not less than that of the
preceding fiscal year.
(4) If public funds, other than state and federal adult education
funds, are used in the adult education instructional program, the
program may claim only the proportionate share of the student contact
time based on the adult education program's expenditures for the
instructional program.
(b) Supplemental allocations may be made at the discretion of the
Commissioner of Education from funds becoming available for local allocations
during the program year.
§89.30. Tuition and Fees.
(a) No student tuition or fees shall be charged for adult basic education
as a condition for membership and participation in a class.
(b) Tuition and fees for adult secondary education may be charged
and be established by local fiscal agent board policy. Funds generated
by such tuition and fees shall be used for the adult education instructional
program.
(c) Funds, not exceeding 50% of student tuition, may be used to pay
tuition charged to students enrolled in correspondence courses or high
school credit courses.
§89.31. Allowable and Non-allowable Expenditures.
Supervisory and administrative costs shall not exceed 25% of the total
budget. These costs may include supervisory payroll costs, rental of
administrative space, indirect costs, and clerical costs.
§89.32. Staff Development and Special Projects.
Priorities for expenditures of federal funds as required by the Adult
Education Act, §353, shall be presented annually to the State
Board of Education (SBOE).
§89.33. Evaluation of Programs.
The Texas Education Agency (TEA) shall evaluate adult education programs
based on the indicators of program quality for adult education through
the TEA results-based monitoring system and compliance requirements.
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