The Code of Federal Regulations of the United States of America

cies in developing methods of planning and evaluating programs, including follow-up studies of program completers, so that public agencies can offer vocational education programs which are more closely related to the types of jobs available in their communities, States, and regions; and

(9) After consultation with the National Commission for Employment Policy, report annually to the Congress, the Secretary, and the Secretary of Labor on the extent, efficiency, and effectiveness of joint planning and coordination under the Act and the Job Training Partnership Act.

(Authority: Sec. 404; 20 U.S.C. 2404)

Subpart C-How Does One Apply to be the National Center?

§ 417.20 What must an application include?

An application must describe the financial contribution the public or private nonprofit university will make towards the establishment of the National Center.

(Approved by the Office of Management and Budget under OMB Control No. 18300013)

(Authority: Sec. 404; 20 U.S.C. 2404)

Subpart D-How Does the Secretary Designate the National Center?

§ 417.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an appliIcation on the basis of the criteria in § 417.31.

(b) The Secretary may award up to 100 points based on the criteria in § 417.31.

(Authority: Sec. 404; 20 U.S.C. 2404)

§ 417.31 What selection criteria does the Secretary use?

The Secretary uses the following selection criteria in evaluating each application:

(a) Required functions. (40 points)

The Secretary reviews each application for information that shows that each of the required services and activities the applicant will conduct under § 417.10(b) will be of high quality and effective.

(b) Management. (20 points)

(1) The Secretary reviews each application for information that shows the quality of the management plan.

(2) The Secretary looks for information that shows

(i) The applicant's philosophy of management for the National Center;

(ii) How the applicant will implement that philosophy of management in organizing the National Center, particularly with regard to the public or private nonprofit university with which it is associated;

(iii) The applicant's plan for managing the National Center's activities and personnel, including quality control procedures for its activities and products and procedures for monitoring compliance with timeliness; and

(iv) Adequate budgeting, accounting, and recordkeeping procedures.

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use for the National Center.

(2) The Secretary looks for information that shows

(i) The qualifications of the Director;

(ii) The qualifications of each of the other key personnel to be used for the National Center;

(iii) The time that each person referred to in paragraphs (c)(2) (i) and (ii) of this section will commit to the project; and

(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that

have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the National Center, as well as other information that the applicant provides.

(d) Vocational education experience. (10 points)

(1) The Secretary reviews each application for information that shows the institutional experience of the applicant.

(2) The Secretary looks for information that shows

(i) The applicant's experience in conducting applied research and development activities in the field of vocational education of the type described in the Act; and

(ii) The applicant's capacity for conducting applied research and development activities in the field of vocational education of the type described in the Act.

(e) Adequacy of resources. (5 points) (1) The Secretary reviews each application for information that shows that the applicant plans to devote adequate resources to the project.

(2) The Secretary looks for information that shows

(i) The facilities that the applicant plans to use are adequate; and

(ii) The equipment and supplies that the applicant plans to use are adequate.

(f) Budget and cost effectiveness. (5 points)

(1) The Secretary reviews each application for information that shows that the National Center will have an adequate budget and will be cost effective.

(2) The Secretary looks for information that shows

(i) The budget for the National Center is adequate to support the project activities; and

(ii) Costs are reasonable in relation to the objectives of the project.

(g) External relations. (5 points)

(1) The Secretary reviews each application for information that shows that the National Center will have cooperative productive relationships with interested and affected entities.

(2) The Secretary looks for information that explains the National Center's future relationship to—

(i) The National Commission for Employment Policy;

(ii) The advisory committee established under section 404(c) of the Act; and

(iii) Personnel at the State and local level who are working to improve vocational education programs, materials and curricula.

(Approved by the Office of Management and Budget under OMB Control No. 18300013)

(Authority: Sec. 404; 20 U.S.C. 2404)

§ 417.41 What reports must the National Center submit to the Secretary?

(a) The National Center shall submit the following to the Secretary:

(1) Minutes of each meeting of the advisory committee established under section 404(c) of the Act, within 30 days after each meeting.

(2) Quarterly performance reports which described the progress, problems, and future plans for each significant activity of the National Center, within 30 days of the end of each quarter.

(3) Quarterly financial status reports (Standard Form 269), within 30 days of the end of each quarter.

(4) Monthly exception reports which describe

(i) Any problems, delays, or adverse conditions which materially impair

the ability of the National Center to accomplish its purposes, along with an explanation of any action taken or contemplated to resolve the difficulties; and

developments

(ii) Any favorable which will permit the National Center to accomplish its purposes sooner, at less cost, or more effectively than projected.

(5) Ten copies of all substantive reports and products produced under the grant.

(6) An annual performance report which summarizes the accomplishments of each significant activity of the National Center during that grant year, within 90 days of the end of the grant year. (The annual performance report may be submitted in place of the quarterly financial status reports under paragraph (a)(3) of this section for the fourth quarter of each year.)

(7) A final performance report which summarizes the accomplishments of each significant activity of the National Center during the five year award cycle, within 90 days of the end of that cycle.

(b) The annual reporting requirement in 34 CFR 75.720(b) does not apply to this part.

(Authority: Sec. 404; 20 U.S.C. 2404)

§ 417.42 What activities must be performed during the fifth year of funding?

During the fifth year of the award cycle, the National Center shall develop and remain prepared to implement a contingency plan for completing all substantive work by the end of the eleventh month of that year and transferring all projects, services, and activities to a successor during the twelfth month of that year.

(Approved by the Office of Management and Budget under OMB Control No. 18300013)

(Authority: Sec. 404; 20 U.S.C. 2404)

§ 425.1 What are the Adult Education Programs?

(a) Under the Adult Education Programs the Secretary provides Federal financial assistance to encourage and expand educational opportunities for adults.

(b) The regulations in this Part 425 govern the following programs:

(1) 34 CFR Part 426-State-Administered Adult Education Program.

(2) 34 CFR Part 431-National Adult Education Discretionary Program. (Authority: 20 U.S.C. 1201 et seq.)

§ 425.2 What regulations apply to the Adult Education Programs?

The following regulations apply to the Adult Education Programs:

(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 74 (Administration of Grants), Part 75 (Direct Grant Programs), (applicable only to Part 431), Part 76 (State-administered Programs) (applicable only to Part 426), Part 77 (Definitions that Apply to Department Regulations), Part 78 (Education Appeal Board), and Part 79 (Intergovernmental Review of Depart

ment of Education Programs and Activities).

(b) The regulations in this part.

(Authority: 20 U.S.C. 1201 et seq.)

§ 425.3 What definitions apply to the Adult Education Programs?

(a) Program definitions. The following definitions apply to 34 CFR Parts 426 and 431:

"Act" means the Adult Education Act as amended (20 U.S.C. 1201 et seq.) "Adult" means an individual who has attained 16 years of age or who is beyond the age of compulsory school attendance under State law, except that for the purpose of section 305(a) of the Act, the term "adult" means an individual 16 years of age or older.

"Adult basic education” means adult education for adults whose inability to speak, read, or write the English language constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, which is designed to help eliminate such inability and raise the level of education of those individuals with a view to making them less likely to become dependent on others, to improving their ability to benefit from occupational training and otherwise increasing their opportunities for more productive and profitable employment, and to making them better able to meet their adult responsibilities.

"Adult education" means instruction or services below the college level for adults who do not have

(1) The basic skills to enable them to function effectively in society; or

(2) A certificate of graduation from a school providing secondary education (and who have not achieved an equivalent level of education).

"Basic literacy skills," as used in § 425.10(b)(1), means the skills taught in adult basic education.

“Community school program" means a program in which a public building, including but not limited to public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organiza

tions, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community.

"Immigrant" means any refugee admitted or paroled into this country or any alien except one who is exempt under the provisions of the Immigration and Nationality Act, as amended. (Authority: 8 U.S.C. 1101(a)(15))

"Institution of higher education" means any such institution as defined by section 481 of the Higher Education Act of 1965.

"Institutionalized person" means an adult, as defined in the Act, who is an inmate, patient, or resident of a correctional, medical, or special institution.

"Limited English language skills" refers to difficulty of adults in speaking, reading, writing, or understanding the English language so that those adults are denied the opportunity to learn successfully in a learning environment where the language of instruction is English.

"Limited English proficiency" and "Limited English proficient" where used with reference to individuals means

(1) Individuals who were not born in the United States or whose native language is a language other than English;

(2) Individuals who come from environments where a language other than English is dominant; and

(3) Individuals who are American Indian and Alaskan Natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency, and who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny those individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.

(Authority: 20 U.S.C. 3223(a)(1))

"Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools, except that, if there is a separate board or other legally constituted local authority having administrative control and direction of adult education in public schools therein, the term means that other board or authority.

"Outreach" means activities signed to

schools, then that agency or officer may be designated for the purpose of the Act by the Governor or by State law. If no agency or officer qualifies under the preceding sentence, the term means an appropriate agency of officer designated for the purpose of the Act by the Governor.

(b) Definitions in EDGAR. The following terms used in this part and Parts 426 and 431 are defined in 34 CFR Part 77: Applicant Application Award Budget

Budget period

EDGAR

(1) Inform adult populations who are least educated and most in need of assistance of the availability and benefits of the adult education program; and

(2) Assist these adult populations to participate in the program by providing reasonable and convenient access.

"State" includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

"State administrative costs" means costs for those management and supervisory activities necessary for the direction and control by the State educational agency responsible for developing the State plan and overseeing the implementation of the adult education program under the Act. The term includes those costs incurred for State Advisory Councils under section 311 of the Act, but does not include those costs incurred for ancillary services such as evaluation, teacher training dissemination, and curriculum development.

"State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools; or if there is a separate State agency or officer primarily responsible for supervision of adult education in public

Grant
Grantee

Nonprofit

Private
Project

Project period
Public
Secretary
Subgrant

Subgrantee

(Authority: Sec. 303; 20 U.S.C. 1201 et seq.) §§ 425.4-425.9 [Reserved]

Subpart B-What Kinds of Activities Does the Secretary Assist Under the Adult Education Programs?

§ 425.10 What kinds of activities does the Secretary assist?

The Secretary provides financial assistance to expand educational opportunities for adults and to encourage the establishment of programs of adult education that will

(a) Enable all adults to acquire basic literacy skills necessary to function in society:

(b) Enable adults who so desire to continue their education to at least the level of completion of secondary school; and

(c) Make available to adults the means to secure training and education that will enable them to become more employable, productive, and responsible citizens.

(Authority: Sec. 302; 20 U.S.C. 1201)

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