Adult Education Administrator's Manual
Revised August 2007
Policy
Federal Laws
Workforce Investment Act- Title
II: Adult Education and Family Literacy Act (cont'd)
United
States Education Code, Title 20, Chapter 73, Subchapter I
Sec. 221 (Sec. 9221 in the U.S. Code) - State administration
Each eligible agency shall be responsible for the State or outlying
area administration of activities under this part, including -
(1) the development, submission, and implementation of the
State plan;
(2) consultation with other appropriate agencies, groups,
and individuals that are involved in, or interested in, the development
and implementation of activities assisted under this part; and
(3) coordination and nonduplication with other Federal and
State education, training, corrections, public housing, and social
service programs.
Sec. 222 (Sec. 9222 in the U.S. Code) - State distribution
of funds; matching requirement
(a) State distribution of funds - Each eligible agency receiving
a grant under this part for a fiscal year -
(1) shall use not less than 82.5 percent of the grant funds
to award grants and contracts under section 9241 of
this title and to carry out section 9225 of
this title, of which not more than 10 percent of the 82.5 percent shall
be available to carry out section 9225 of
this title;
(2) shall use not more than 12.5 percent of the grant funds
to carry out State leadership activities under section 9223 of
this title; and
(3) shall use not more than 5 percent of the grant funds,
or $65,000, whichever is greater, for the administrative expenses of
the eligible agency.
(b) Matching requirement -
(1) In general - In order to receive a grant from the Secretary
under section 9211 (b)
of this title each eligible agency shall provide, for the costs to
be incurred by the eligible agency in carrying out the adult education
and literacy activities for which the grant is awarded, a non-Federal
contribution in an amount equal to -
(A) in the case of an eligible agency serving an outlying
area, 12 percent of the total amount of funds expended for adult
education and literacy activities in the outlying area, except that
the Secretary may decrease the amount of funds required under this
subparagraph for an eligible agency; and
(B ) in the case of an eligible agency serving a State,
25 percent of the total amount of funds expended for adult education
and literacy activities in the State.
(2) Non-Federal contribution - An eligible agency's non-Federal contribution
required under paragraph (1) may be provided in cash or in kind, fairly
evaluated, and shall include only non-Federal funds that are used for
adult education and literacy activities in a manner that is consistent
with the purpose of this part.
Sec. 223 (Sec. 9223 in U.S. Code) - State leadership activities
(a) In general - Each eligible agency
shall use funds made available under section 9222 (a)(2)
of this title for one or more of the following adult education and
literacy activities:
(1) The establishment or operation
of professional development programs to improve the quality of instruction
provided pursuant to local activities required under section 9241 (b)
of this title, including instruction incorporating phonemic awareness,
systematic phonics, fluency, and reading comprehension, and instruction
provided by volunteers or by personnel of a State or outlying area.
(2) The provision of technical
assistance to eligible providers of adult education and literacy activities.
(3) The provision of technology
assistance, including staff training, to eligible providers of adult
education and literacy activities to enable the eligible providers
to improve the quality of such activities.
(4) The support of State or
regional networks of literacy resource centers.
(5) The monitoring and evaluation
of the quality of, and the improvement in, adult education and literacy
activities.
(6) Incentives for -
(A) program coordination
and integration; and
(B) performance awards.
(7) Developing and disseminating
curricula, including curricula incorporating phonemic awareness, systematic
phonics, fluency, and reading comprehension.
(8) Other activities of statewide
significance that promote the purpose of this subchapter.
(9) Coordination with existing
support services, such as transportation, child care, and other assistance
designed to increase rates of enrollment in, and successful completion
of, adult education and literacy activities, to adults enrolled in
such activities.
(10) Integration of literacy
instruction and occupational skill training, and promoting linkages
with employers.
(11) Linkages with postsecondary
educational institutions.
(b) Collaboration In carrying out
this section, eligible agencies shall collaborate where possible, and
avoid duplicating efforts, in order to maximize the impact of the activities
described in subsection (a) of this section.
(c) State-imposed requirements - Whenever a State or outlying area implements
any rule or policy relating to the administration or operation of a program
authorized under this part that has the effect of imposing a requirement
that is not imposed under Federal law (including any rule or policy based
on a State or outlying area interpretation of a Federal statute, regulation,
or guideline), the State or outlying area shall identify, to eligible providers,
the rule or policy as being State- or outlying area-imposed.
Sec. 224 (Sec. 9224 in the U.S. Code) - State plan
(a) 5-year plans
(1) In general - Each eligible agency desiring a grant
under this part for any fiscal year shall submit to, or have on file
with, the Secretary a 5-year State plan.
(2) Comprehensive plan or application - The eligible agency
may submit the State plan as part of a comprehensive plan or application
for Federal education assistance.
(b) Plan contents - In developing the State plan, and any revisions
to the State plan, the eligible agency shall include in the State plan
or revisions -
(1) an objective assessment of the needs of individuals in
the State or outlying area for adult education and literacy activities,
including individuals most in need or hardest to serve;
(2) a description of the adult education and literacy activities
that will be carried out with any funds received under this part;
(3) a description of how the eligible agency will evaluate
annually the effectiveness of the adult education and literacy activities
based on the performance measures described in section 9212 of
this title;
(4) a description of the performance measures described in
section 9212 of
this title and how such performance measures will ensure the improvement
of adult education and literacy activities in the State or outlying
area;
(5) an assurance that the eligible agency will award not less
than one grant under this part 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 part prior to
using funds for adult education and literacy activities provided under
this part for support services;
(6) an assurance that the funds received under this part
will not be expended for any purpose other than for activities under
this part;
(7) a description of how the eligible agency will fund local
activities in accordance with the considerations described in section 9241 (e)
of this title;
(8) an assurance that the eligible agency will expend the
funds under this part only in a manner consistent with fiscal requirements
in section 9251 of
this title;
(9) a description of the process that will be used for public
participation and comment with respect to the State plan;
(10) a description of how the eligible agency will develop
program strategies for populations that include, at a minimum -
(A) low-income students;
(B) individuals with disabilities;
(C) single parents and displaced homemakers; and
(D) individuals with multiple barriers to educational enhancement,
including individuals with limited English proficiency;
(11) a description of how the adult education and literacy
activities that will be carried out with any funds received under this
part will be integrated with other adult education, career development,
and employment and training activities in the State or outlying area
served by the eligible agency; and
(12) a description of the steps the eligible agency will take
to ensure direct and equitable access, as required in section 9241 (c)(1)
of this title.
(c) Plan revisions - When changes in conditions or other factors
require substantial revisions to an approved State plan, the eligible
agency shall submit the revisions to the State plan to the Secretary.
(d) Consultation - The eligible agency shall -
(1) submit the State plan, and any revisions to the State
plan, to the Governor of the State or outlying area for review and
comment; and
(2) ensure that any comments by the Governor regarding the
State plan, and any revision to the State plan, are submitted to the
Secretary.
(e) Peer review - The Secretary shall establish a peer review
process to make recommendations regarding the approval of State plans.
(f) Plan approval - A State plan submitted to the Secretary
shall be approved by the Secretary unless the Secretary makes a written
determination, within 90 days after receiving the plan, that the plan
is inconsistent with the specific provisions of this part.
(g) Transition - The provisions of this section shall be subject
to section 9276 (b)
of this title.
Sec. 225 (Sec. 9225 in the U.S. Code) - Programs for corrections
education and other institutionalized individuals
(a) Program authorized - From funds made available under
section 9222 (a)(1)
of this title for a fiscal year, each eligible agency shall carry out
corrections education and education for other institutionalized individuals.
(b) Uses of funds - The funds described in subsection (a) of
this section shall be used for the cost of educational programs for criminal
offenders in correctional institutions and for other institutionalized
individuals, including academic programs for -
(1) basic education;
(2) special education programs as determined by the eligible
agency;
(3) English literacy programs; and
(4) secondary school credit programs.
(c) Priority - Each eligible agency that is using assistance
provided under this section to carry out a program for criminal offenders
in a correctional institution shall give priority to serving individuals
who are likely to leave the correctional institution within 5 years of
participation in the program.
(d) Definitions
(1) Criminal offender - The term ''criminal offender'' means
any individual who is charged with or convicted of any criminal offense.
(2) Correctional institution - The term ''correctional institution''
means any -
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based rehabilitation center,
or any other similar institution designed for the confinement or
rehabilitation of criminal offenders
Sec. 231 (Sec. 9241 in the
U.S. Code) - Grants and contracts for eligible providers
(a) Grants and contracts - From grant funds made available
under section 9211 (b)
of this title, each eligible agency shall award multiyear grants or
contracts, on a competitive basis, to eligible providers within the
State or outlying area to enable the eligible providers to develop,
implement, and improve adult education and literacy activities within
the State.
(b) Required local activities - The eligible agency shall require
that each eligible provider receiving a grant or contract under subsection
(a) of this section use the grant or contract to establish or operate
one or more programs that provide services or instruction in one or more
of the following categories:
(1) Adult education and literacy services, including workplace
literacy services.
(2) Family literacy services.
(3) English literacy programs.
(c) Direct and equitable access; same process - Each eligible agency
receiving funds under this part shall ensure that -
(1) all eligible providers have direct and equitable access
to apply for grants or contracts under this section; and
(2) the same grant or contract announcement process and application
process is used for all eligible providers in the State or outlying
area.
(d) Special rule - Each eligible agency awarding a grant or
contract under this section shall not use any funds made available under
this part for adult education and literacy activities for the purpose
of supporting or providing programs, services, or activities for individuals
who are not individuals described in subparagraphs (A) and (B) of section 9202 (1)
of this title, except that such agency may use such funds for such purpose
if such programs, services, or activities are related to family literacy
services. In providing family literacy services under this part, an eligible
provider shall attempt to coordinate with programs and services that
are not assisted under this part prior to using funds for adult education
and literacy activities under this part for activities other than adult
education activities.
(e) Considerations - In awarding grants or contracts under
this section, the eligible agency shall consider -
(1) the degree to which the eligible provider will establish
measurable goals for participant outcomes;
(2) the past effectiveness of an eligible provider in improving
the literacy skills of adults and families, and, after the 1-year period
beginning with the adoption of an eligible agency's performance measures
under section 9212 of
this title, the success of an eligible provider receiving funding under
this part in meeting or exceeding such performance measures, especially
with respect to those adults with the lowest levels of literacy;
(3) the commitment of the eligible provider to serve individuals
in the community who are most in need of literacy services, including
individuals who are low-income or have minimal literacy skills;
(4) whether or not the program -
(A) is of sufficient intensity and duration for participants
to achieve substantial learning gains; and
(B) uses instructional practices, such as phonemic awareness,
systematic phonics, fluency, and reading comprehension that research
has proven to be effective in teaching individuals to read;
(5) whether the activities are built on a strong foundation
of research and effective educational practice;
(6) whether the activities effectively employ advances in
technology, as appropriate, including the use of computers;
(7) whether the activities provide learning in real life
contexts to ensure that an individual has the skills needed to compete
in the workplace and exercise the rights and responsibilities of citizenship;
(8) whether the activities are staffed by well-trained instructors,
counselors, and administrators;
(9) whether the activities coordinate with other available
resources in the community, such as by establishing strong links with
elementary schools and secondary schools, postsecondary educational
institutions, one-stop centers, job training programs, and social service
agencies;
(10) whether the activities offer flexible schedules and support
services (such as child care and transportation) that are necessary
to enable individuals, including individuals with disabilities or other
special needs, to attend and complete programs;
(11) whether the activities maintain a high-quality information
management system that has the capacity to report participant outcomes
and to monitor program performance against the eligible agency performance
measures; and
(12) whether the local communities have a demonstrated need
for additional English literacy programs
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