§ 426.10 How is the adult education Stateadministered program governed?

(a) Federal-State relationship. The adult education State-administered program is a cooperative effort between the Federal Government and the States to provide adult education. Federal funds are granted to the States on a formula basis. The States fund local programs of adult education based on need and resources available.

(b) Other applicable provisions. The provisions of §§ 425.1 through 425.4 of 34 CFR Part 425 apply to the Stateadministered Adult Education Program under this part. (20 U.S.C. 1201)

Subpart B-How a State Applies for a Grant

§ 426.11 Who is eligible?

Any State may apply for a grant under this part.

(Sec. 304(a); 20 U.S.C. 1206)

§ 426.12 What documents must a State submit to receive its grant?

A State educational agency shall submit to the Secretary:

(a) A single State application as required by section 435 of the General Education Provisions Act. If a State educational agency has on file with the Secretary a single State application for all education programs, this requirement is satisfied.

(b) A State plan, developed once every three years, that meets the requirements of these regulations and the Act.

(c) The certification required by 34 CFR 76.104 of EDGAR.

(d) Program assurances, signed by an authorized official of the State educational agency, to provide that—

(1) The State educational agency, in carrying out the adult education program, will provide for

(i) Adequate consultation, cooperation, and coordination among the State educational agency, State manpower service councils, State occupational information systems, and other agencies, organizations, and institutions in the State that operate employment and training programs or other educational or training grams for adults; and

pro

(ii) Coordination of programs carried on under this title with other programs, including reading improvement programs, which are designed to provide reading instruction for adults and are conducted by State and local agencies.

(2) The State educational agency will make available not to exceed 20 percent of the State's allotment for programs of equivalency for a certificate of graduation from a secondary school.

(3) The State educational agency will ensure that special emphasis will be given to adult basic education programs except where these needs have been met in the State.

(4) Adults enrolled in adult basic education programs will not be charged tuition, fees, or any other charges, or be required to purchase any books or any other materials that are needed for participation in the program.

(5) Not more than 20 percent of the funds granted to the State under the Act for any fiscal year shall be used for the education of institutionalized adults.

(6) The State educational agency will provide that special assistance be given to the needs of persons with limited English proficiency by providing bilingual adult education programs of instruction in English and, to the extent necessary to allow these persons to progress effectively through the adult education program, in the native language of these persons. These programs will be carried out in coordination with programs of bilingual education assisted under title VII of the Elementary and Secondary Education Act of 1965 and bilingual vocational education programs under the Vocational Education Act of 1963, as amended.

(7) For each fiscal year covered by this plan, the State will have available for expenditure for adult education from non-Federal sources an amount that is not less than the fiscal effort per student or the aggregate amount expended for adult education purposes from non-Federal sources during the preceding fiscal year.

NOTE: In the event of exceptional and unforeseen circumstances, the State may, under § 426.63, request a one-time waiver of this requirement.

(8) The State educational agency will monitor and report program performance in accordance with Subpart J of 34 CFR Part 74.

(Secs. 304(b), 306, 307(b); 20 U.S.C. 1203, 1205, and 1206)

§ 426.13 What must the State plan contain?

(a) A State educational agency shall include in its State plan a description of the policies, procedures, and activities for carrying out the requirements

(1) Listed in section 306(b) of the Act; and

(2) Included in these regulations. (b) A State educational agency may meet the requirements of section 306(b)(2) and (6), covering administration, fiscal control, and fund accounting procedures, by submitting to the

Answer: This use of the funds would be allowable if it is set forth in the approved five-year State plan and annual program plan for vocational education.

Question No. 36: May an LEA use funds under subpart 4, Part B of the Act, "Emergency Assistance for Remodeling and Renovation of Vocational Education Facilities" for new construction?

Answer: No. Section 191 of the Act is clear that this new program is for "modernization of facilities and equipment and the conversion of academic facilities necessary to assure that such facilities will be able to offer vocational education programs which give reasonable promise of employment." The same section refers to “remodeling and renovation" of facilities. There is no authorization in subpart 4 for construction of new facilities. Use of funds for "construction of area vocational education facilities" is authorized in section 120(b)(1)(E).

Question No. 37: Are private, non-profit rehabilitation centers and workshops eligible for emergency remodeling funds under subpart 4?

Answer: No. Section 191 of the Act states, as eligible, only "local educational agencies in urban and rural areas."

Question No. 38: Are leased premises eligible for emergency assistance for remodeling under subpart 4?

Answer: Yes. The Act does not state whether leased premises are eligible for emergency remodeling assistance. Determinations will have to be made on a case-bycase basis. Facilities leased by an LEA under a 99-year lease should be treated as facilities owned by an LEA. Where facilities are leased on a short-term lease, the LEA might not score points under criterion 9 (§ 408.504(b)(9)), as use of funds to renovate premises on a short-term lease might not be economical.

[42 FR 53852, Oct. 3, 1977, as amended at 43 FR 57255, Dec. 7, 1978. Redesignated at 45 FR 86301, Dec. 30, 1980; 46 FR 3207, Jan. 14, 1981]

§ 419.1 Youth Employment Program.

The Youth Employment Program provides financial assistance for activities to improve youth employment by

(a) Relating education and work; and

(b) Improving and coordinating educational and employment services. (20 U.S.C. 2991)

(1) The agencies and organizations in paragraph (a) of this section; and (2) Profit-making private organizations.

(20 U.S.C. 2942, 2991)

§ 419.3 Regulations that apply to the Youth Employment Program.

(a) Regulations for grants. The following regulations apply to grants under the Youth Employment Program:

(1) The Education Department General Administrative Regulations (EDGAR) in Part 75 (Direct Grant Programs) and Part 77 (Definitions) (2) Regulations in this part.

(b) Regulations for procurement contracts. The regulations in this part do not apply to procurement contracts under this program. Those contracts are subject to

(1) Federal and ED procurement regulations in 41 CFR Chapters 1 and 34 and;

(2) Requirements and criteria in particular requests for proposal.

(20 U.S.C. 2991)

§ 419.4 Definitions that apply to the program.

(a) Definitions in EDGAR. The following terms used in this part are defined in Part 77 of EDGAR.

Applicant

Applications

Secretary

Grant

Local educational agency (LEA) Nonprofit

Private

Program

Project

Public agency

State educational agency (SEA)

(b) Specific program definitions. As used in these regulations "Youth" means a person between the ages of 14 and 21.

(20 U.S.C. 1232(a))

Subpart B-Kinds of Projects Assisted Under This Program

§ 419.10 Purpose of the Youth Employment Program.

The purpose of a Youth Employment Program is to prepare children to take their places as working members of society. This is done by developing ways to improve youth employment through—

(a) Relating education and work;

(b) Coordinating and improving educational and employment services; and (c) Conducting studies on youth employment problems.

(20 U.S.C. 2991)

§ 419.11 What categories of activities are supported?

The Secretary provides assistance for appropriate categories of activities such as the following:

(a) Developing ways to improve youth achievement in basic educational skills by involving youth in work experiences.

(b) Improving job opportunities for youth by coordinating educational activities with youth employment activities at the Federal, State, and local levels with particular emphasis on coordination with youth employment activities carried out by the Secretary of Labor, under the Comprehensive Employment and Training Act (CETA).

(c) Encouraging educational agencies and institutions to develop means to award academic credit for competencies derived from work experience.

(d) Studying the relationship of work to academic and intellectual achievement.

(e) Developing ways to improve career guidance and counseling services.

(f) Developing ways to improve placement and follow-up transition services from school to work, using school and community personnel.

(g) Developing ways to make the high school organization and operation more flexible as it relates to education and work. This includes, but is not limited to, flexibility of: Course schedules, class locations, and school curricula;

(h) Providing technical assistance, information, training, and other assistance to State Educational Agencies (SEAS), local educational agencies (LEAs) and other public and nonprofit private agencies, organizations, and institutions-for the development of programs that enable students to make the transition from school to work more readily.

(20 U.S.C. 2991)

§ 419.12 Emphasis among categories of activities.

The Secretary may, in any given year, emphasize one or more of the categories of activities in § 419.11 through a notice in the FEDERAL REGISTER.

(20 U.S.C. 2991)

Subpart C-How To Apply for a Grant

§ 419.20 How to apply for a grant.

The "Introduction to Department Grant Programs" at the beginning of the EDGAR includes general information on

(a) How to use regulations that apply to Department programs, and (b) How to apply for a grant under a Department program. (20 U.S.C. 2991)

Subpart D-How a Grant Is Made

§ 419.30 How the Secretary evaluates an application.

(a) The Secretary evaluates an application on the basis of the criteria in § 419.31.

(b) The Secretary awards up to 100 possible points for these criteria.

(c) The maximum possible score for each complete criterion is indicated in parentheses at the end of that criterion.

(20 U.S.C. 2991)

§ 419.31 Selection criteria the Secretary

uses.

(a) Plan of operation. (1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

(i) High quality in the design of the project;

(ii) An effective plan of management that insures proper and efficient administration of the project;

(iii) A clear description of how the objectives of the project relate to the purpose of the program;

(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and

(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

(C) Handicapped persons; and (D) The elderly.

(vi) For grants made after October 1, 1980, if the applicant is a local educational agency or State educational agency, a clear description of how the applicant will provide an opportunity for participation of students enrolled in private schools. (10 points)

(b) Quality of key personnel. (1) The Secretary reviews each application for information that shows the quality of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraphs (b)(2)(i) and (ii) of this section plans to 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 members of racial or ethnic minority groups, women, handicapped persons, and the elderly.

(3) To determine the qualifications of a person, the Secretary considers evidence of past experience and train