This title may be cited as the “Adult Education and Family
Literacy Act.”
Sec. 202 (Sec. 9201 in the U.S.Code) - Purpose
It is the purpose of this subchapter to create a partnership among
the Federal Government, States, and localities to provide, on a voluntary
basis, adult education and literacy services, in order to –
(1) assist adults to become literate and obtain the knowledge and
skills necessary for employment and self-sufficiency;
(2) assist adults who are parents to obtain the educational skills
necessary to become full partners in the educational development
of their children; and
(3) assist adults in the completion of a secondary school education.
Sec. 203 (Sec. 9202 in the U.S. Code) - Definitions
In this subchapter:
(1) Adult education - The term ''adult education'' means
services or instruction below the postsecondary level for individuals –
(A) who have attained 16 years of age;
(B) who are not enrolled or required to be enrolled in secondary
school under State law; and
(C) who –
(i) lack sufficient mastery of basic educational skills to enable
the individuals to function effectively in society;
(ii) do not have a secondary school diploma or its recognized
equivalent, and have not achieved an equivalent level of education;
or
(iii) are unable to speak, read, or write the English language.
(2) Adult education and literacy activities - The term ''adult education
and literacy activities'' means activities described in section
9241(b) of this title.
(3) Educational service agency - The term ''educational service agency''
means a regional public multi-service agency authorized by State statute
to develop and manage a service or program, and to provide the service
or program to a local educational agency.
(4) Eligible agency - The term ''eligible agency'' means the sole
entity or agency in a State or an outlying area responsible for administering
or supervising policy for adult education and literacy in the State
or outlying area, respectively, consistent with the law of the State
or outlying area, respectively.
(5) Eligible provider - The term ''eligible provider'' means -
(A) a local educational agency;
(B) a community-based organization of demonstrated effectiveness;
(C) a volunteer literacy organization of demonstrated effectiveness;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in any of subparagraphs
(A) through (G) and has the ability to provide literacy services
to adults and families; and
(I) a consortium of the agencies, organizations, institutions,
libraries, or authorities described in any of subparagraphs (A)
through (H).
(6) English literacy program - The term ''English literacy program''
means a program of instruction designed to help individuals of limited
English proficiency achieve competence in the English language.
(7) Family literacy services - The term ''family literacy services''
means services that are of sufficient intensity in terms of hours,
and of sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
(A) Interactive literacy activities between parents and their children.
(B) Training for parents regarding how to be the primary teacher
for their children and full partners in the education of their children.
(C) Parent literacy training that leads to economic self-sufficiency.
(D) An age-appropriate education to prepare children for success
in school and life experiences.
(8) Governor - The term ''Governor'' means the chief executive officer
of a State or outlying area.
(9) Individual with a disability -
(A) In general - The term ''individual with a disability'' means
an individual with any disability (as defined in section 12102 of
title 42).
(B) Individuals with disabilities - The term ''individuals with
disabilities'' means more than one individual with a disability.
(10) Individual of limited English proficiency - The term ''individual
of limited English proficiency'' means an adult or out-of-school youth
who has limited ability in speaking, reading, writing, or understanding
the English language, and -
(A) whose native language is a language other than English; or
(B) who lives in a family or community environment where a language
other than English is the dominant language.
(11) Institution of higher education - The term ''institution of
higher education'' has the meaning given the term in section 1001 of
this title.
(12) Literacy - The term ''literacy'' means an individual's ability
to read, write, and speak in English, compute, and solve problems,
at levels of proficiency necessary to function on the job, in the family
of the individual, and in society.
(13) Local educational agency - The term ''local educational agency''
has the meaning given the term in section 7801 of
this title.
(14) Outlying area - The term ''outlying area'' has the meaning given
the term in section 2801 of
title 29.
(15) Postsecondary educational institution - The term ''postsecondary
educational institution'' means -
(A) an institution of higher education that provides not less
than a 2-year program of instruction that is acceptable for credit
toward a bachelor's degree;
(B) a tribally controlled community college; or
(C) a nonprofit educational institution offering certificate
or apprenticeship programs at the postsecondary level.
(16) Secretary - The term ''Secretary'' means the Secretary of
Education.
(17) State - The term ''State'' means each of the several States
of the United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(18) Workplace literacy services - The term ''workplace literacy
services'' means literacy services that are offered for the purpose
of improving the productivity of the workforce through the improvement
of literacy skills.
Sec. 204 (Sec. 9203 in the U.S. Code) - Home schools
Nothing in this subchapter shall be construed to affect home schools,
or to compel a parent engaged in home schooling to participate in an
English literacy program, family literacy services, or adult education.
Sec. 205 (Sec. 9204 in the U.S. Code) - Authorization of
appropriations
There is authorized to be appropriated to carry out this subchapter
such sums as may be necessary for each of the fiscal years 1999 through
2003.
Sec. 211 (Sec. 9211 in the U.S. Code) - Reservation of funds;
grants to eligible agencies; allotments
(a) Reservation of funds - From the sum appropriated under section 9204 of
this title for a fiscal year, the Secretary -
(1) shall reserve 1.5 percent to carry out section 9252 of
this title, except that the amount so reserved shall not exceed $8,000,000;
(2) shall reserve 1.5 percent to carry out section 9253 of
this title, except that the amount so reserved shall not exceed $8,000,000;
and
(3) shall make available, to the Secretary of Labor, 1.72 percent
for incentive grants under section 9273 of
this title.
(b) Grants to eligible agencies-
(1) In general - From the sum appropriated under section 9204 of
this title and not reserved under subsection (a) of this section
for a fiscal year, the Secretary shall award a grant to each eligible
agency having a State plan approved under section 9224 of
this title in an amount equal to the sum of the initial allotment
under subsection (c)(1) of this section and the additional allotment
under subsection (c)(2) of this section for the eligible agency for
the fiscal year, subject to subsections (f) and (g) of this section,
to enable the eligible agency to carry out the activities assisted
under this part.
(2) Purpose of grants - The Secretary may award a grant under paragraph
(1) only if the eligible entity involved agrees to expend the grant
for adult education and literacy activities in accordance with the
provisions of this part.
(c) Allotments -
(1) Initial allotments - From the sum appropriated under section
9204 of
this title and not reserved under subsection (a) of this section
for a fiscal year, the Secretary shall allot to each eligible agency
having a State plan approved under section 9224 (f)
of this title -
(A) $100,000, in the case of an eligible agency serving an outlying
area; and
(B) $250,000, in the case of any other eligible agency.
(2) Additional allotments - From the sum appropriated under section
9204 of
this title, not reserved under subsection (a) of this section, and
not allotted under paragraph (1), for a fiscal year, the Secretary
shall allot to each eligible agency that receives an initial allotment
under paragraph (1) an additional amount that bears the same relationship
to such sum as the number of qualifying adults in the State or outlying
area served by the eligible agency bears to the number of such adults
in all States and outlying areas.
(d) Qualifying adult - For the purpose of subsection (c)(2) of this
section, the term ''qualifying adult'' means an adult who -
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance under the
law of the State or outlying area;
(3) does not have a secondary school diploma or its recognized
equivalent; and
(4) is not enrolled in secondary school.
(e) Special rule-
(1) In general - From amounts made available under subsection (c)
of this section for the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau, the Secretary shall
award grants to Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau to carry out activities
described in this part in accordance with the provisions of this
part that the Secretary determines are not inconsistent with this
subsection.
(2) Award basis - The Secretary shall award grants pursuant
to paragraph (1) on a competitive basis and pursuant to recommendations
from the Pacific Region Educational Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility - Notwithstanding any other
provision of law, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau shall not receive
any funds under this part for any fiscal year that begins after September
30, 2001.
(4) Administrative costs - The Secretary may provide not
more than 5 percent of the funds made available for grants under
this subsection to pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted under this subsection.
(f) Hold-harmless-
(1) In general - Notwithstanding subsection (c) of this
section –
(A) for fiscal year 1999, no eligible agency shall receive
an allotment under this part that is less than 90 percent of the
payments made to the State or outlying area of the eligible agency
for fiscal year 1998 for programs for which funds were authorized
to be appropriated under section 313 of the Adult Education Act
(as such Act was in effect on the day before August 7, 1998); and
(B) for fiscal year 2000 and each succeeding fiscal year,
no eligible agency shall receive an allotment under this part that
is less than 90 percent of the allotment the eligible agency received
for the preceding fiscal year under this part.
(2) Ratable reduction - If for any fiscal year the amount
available for allotment under this part is insufficient to satisfy
the provisions of paragraph (1), the Secretary shall ratably reduce
the payments to all eligible agencies, as necessary.
(g) Reallotment - The portion of any eligible agency's allotment under
this part for a fiscal year that the Secretary determines will not
be required for the period such allotment is available for carrying
out activities under this part, shall be available for reallotment
from time to time, on such dates during such period as the Secretary
shall fix, to other eligible agencies in proportion to the original
allotments to such agencies under this part for such year.
Sec. 212 (Sec. 9212 in the U.S. Code) - Performance accountability
system
(a) Purpose - The purpose of this section is to establish
a comprehensive performance accountability system, comprised of the
activities described in this section, to assess the effectiveness of
eligible agencies in achieving continuous improvement of adult education
and literacy activities funded under this part, in order to optimize
the return on investment of Federal funds in adult education and literacy
activities.
(b) Eligible agency performance measures-
(1) In general - For each eligible agency, the eligible
agency performance measures shall consist of -
(A) (i) the core indicators
of performance described in paragraph (2)(A); and
(ii) additional indicators of performance (if any) identified
by the eligible agency under paragraph (2)(B); and
(B) an eligible agency adjusted level of performance
for each indicator described in subparagraph (A).
(2) Indicators of performance-
(A) Core indicators of performance - The core indicators
of performance shall include the following:
(i) Demonstrated improvements in literacy skill levels
in reading, writing, and speaking the English language, numeracy,
problem solving, English language acquisition, and other literacy
skills.
(ii) Placement in, retention in, or completion of,
postsecondary education, training, unsubsidized employment or
career advancement.
(iii) Receipt of a secondary school diploma or its
recognized equivalent.
(B) Additional indicators - An eligible agency may identify
in the State plan additional indicators for adult education and
literacy activities authorized under this part.
(3) Levels of performance-
(A) Eligible agency adjusted levels of performance for core indicators
(i) In general - For each eligible agency submitting
a State plan, there shall be established, in accordance with
this subparagraph, levels of performance for each of the core
indicators of performance described in paragraph (2)(A) for adult
education and literacy activities authorized under this part.
The levels of performance established under this subparagraph
shall, at a minimum -
(I) be expressed in an objective, quantifiable, and
measurable form; and
(II) show the progress of the eligible agency toward
continuously improving in performance.
(ii) Identification in State plan - Each eligible
agency shall identify, in the State plan submitted under section
9224 of
this title, expected levels of performance for each of the core
indicators of performance for the first 3 program years covered
by the State plan.
(iii) Agreement on eligible agency adjusted levels of performance
for first 3 years - In order to ensure an optimal return on the
investment of Federal funds in adult education and literacy activities
authorized under this part, the Secretary and each eligible agency
shall reach agreement on levels of performance for each of the
core indicators of performance, for the first 3 program years
covered by the State plan, taking into account the levels identified
in the State plan under clause (ii) and the factors described
in clause (iv). The levels agreed to under this clause shall
be considered to be the eligible agency adjusted levels of performance
for the eligible agency for such years and shall be incorporated
into the State plan prior to the approval of such plan.
(iv) Factors - The agreement described in clause (iii)
or (v) shall take into account -
(I) how the levels involved compare with the eligible
agency adjusted levels of performance established for other
eligible agencies, taking into account factors including the
characteristics of participants when the participants entered
the program, and the services or instruction to be provided;
and
(II) the extent to which such levels involved promote
continuous improvement in performance on the performance measures
by such eligible agency and ensure optimal return on the investment
of Federal funds.
(v) Agreement on eligible agency adjusted levels of
performance for 4th and 5th years - Prior to the fourth program
year covered by the State plan, the Secretary and each eligible
agency shall reach agreement on levels of performance for each
of the core indicators of performance for the fourth and fifth
program years covered by the State plan, taking into account
the factors described in clause (iv). The levels agreed to under
this clause shall be considered to be the eligible agency adjusted
levels of performance for the eligible agency for such years
and shall be incorporated into the State plan.
(vi) Revisions - If unanticipated circumstances arise in a
State resulting in a significant change in the factors described
in clause (iv)(II), the eligible agency may request that the
eligible agency adjusted levels of performance agreed to under
clause (iii) or (v) be revised. The Secretary, after collaboration
with the representatives described in section 2871 (i)(1)
of title 29,
shall issue objective criteria and methods for making such revisions.
(B) Levels of performance for additional indicators -
The eligible agency may identify, in the State plan, eligible agency
levels of performance for each of the additional indicators described
in paragraph (2)(B). Such levels shall be considered to be eligible
agency adjusted levels of performance for purposes of this part.
(c) Report -
(1) In general - Each eligible agency that receives a
grant under section 9211 (b)
of this title shall annually prepare and submit to the Secretary
a report on the progress of the eligible agency in achieving eligible
agency performance measures, including information on the levels
of performance achieved by the eligible agency with respect to the
core indicators of performance.
(2) Information dissemination – The Secretary -
(A) shall make the information contained in such reports
available to the general public through publication and other appropriate
methods;
(B) shall disseminate State-by-State comparisons of the
information; and
(C) shall provide the appropriate committees of Congress with
copies of such reports.
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