ing, in fields related to the objectives of the project, as well as other information that the applicant provides. (7 points)

(c) Budget and cost effectiveness. (1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

paragraph (f)(1) of this section,; (5 points)

(4) Demonstrates how the proposed project will produce new and innovative approaches to solving the youth employment problem including activities linking education and work; (15 points)

(5) Includes appropriate, feasible ap

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

(ii) Costs are reasonable in relation to the objectives of the project. (5 points)

(d) Evaluation plan. (1) The Secretary reviews each application for information that shows the quality of the evaluation plan for the project. (See 34 CFR 75.590-Evaluation by the grantee.)

(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable. (5 points)

(e) Adequacy of resources. (1) The Secretary reviews each application for information that shows that the applicant plans to devote adequate resources to the project, including resources to meet the needs of persons to be served by 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. (3 points)

(f) The criteria contained in the following paragraphs supplement the EDGAR criteria and constitute 70 possible points. The Secretary evaluates the extent to which an applicant

(1) Documents the need for the proposed project in terms of the percentage of youth unemployment in the area to be served; (5 points)

(2) Establishes a need for additional resources to address this unemployment problem; (5 points)

(3) Establishes clearly that the stated objectives of the plan of operation meet the needs identified in

nication, coordination, and collaboration-without duplication of effortsamong activities and providers of services under this Act and activities and providers of services under

(i) The Vocational Education Act; (ii) The Career Education Incentive Act; and

(iii) In particular, the Comprehensive Employment and Training Act (CETA); (20 points) and

(6) Shows how the results of the proposed project are likely to improve youth employment. (20 points)

(20 U.S.C. 1221e-3(a)(i), 2991)

AUTHORITY: Secs. 301-318 of Pub. L. 91230, as amended by Title XIII of Pub. L. 95561, 92 Stat. 2356, 20 U.S.C. 1201-1211c, unless otherwise noted.

SOURCE: 45 FR 22777, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77369, Nov. 21, 1980.

Subpart A-General

§ 425.1 What are the adult education programs?

Part 425 contains regulations interpreting or implementing the programs authorized under the Adult Education Act. The programs included in this part are

(a) State-administered Adult Education Program;

(b) National Adult Education Development and Dissemination Program and Planning Grants; and

(c) Adult Education Programs for Immigrants and Indochina Refugees. (20 U.S.C. 1201 et seq.)

§ 425.2 What is the purpose of the Act? The purpose of the Act is to(a) Expand educational opportunities for adults; and

(b) Encourage the establishment of programs of adult education that will

(1) Enable all adults to acquire basic skills necessary to function in society;

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

(3) Make available to adults the means to secure training that will enable them to become more employable, productive, and responsible citi

zens.

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

§ 425.3 What other regulations are applicable to the adult education programs? (a) The following regulations also apply to the State-administered program and the Secretary's discretionary programs under the Adult Education Act:

(1) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 75 (Direct Grant Programs), 34 CFR Part 76

(State-administered Programs), and 34 CFR Part 77 (Definitions).

(2) The Department of Health, Education, and Welfare General Administration Regulations in 34 CFR Part 74 (Administration of Grants).

(3) The Federal Interagency Day Care Regulations in 34 CFR Part 71. (4) 34 CFR Parts 100 and 101 relating to nondiscrimination on the basis of race.

(5) 34 CFR Part 104 relating to nondiscrimination on the basis of handi

cap.

(6) 34 CFR Part 106 relating to nondiscrimination on the basis of sex.

(7) 45 CFR Part 46 relating to the protection of human subjects.

(8) 34 CFR Part 110 relating to nondiscrimination on the basis of age.

(b) The "Introduction to Department Programs" at the beginning of EDGAR includes general information to assist recipients in

(1) Using regulations that apply to Department programs; and

(2) Applying for assistance under a Department program.

(20 U.S.C. 1201, 1221)

§ 425.4 What definitions apply to the adult education programs?

(a) Statutory definitions. The following terms used in this part are defined in section 303 of the Act:

(1) The term "adult" means any individual who has attained the age of sixteen.

(2) The term "adult education" means services or instruction below the college level (as determined by the Secretary), for adults who

(i) Lack sufficient mastery of basic educational skills to enable them to function effectively in society or who do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education; and

(ii) Are not currently required to be enrolled in schools.

(3) The term "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 such 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.

(4) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico and (except for the purposes of section 305(a)) Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands.

(5) The term "institution of higher education" means any such institution as defined by section 801(e) of the Elementary and Secondary Education Act of 1965.

(Sec. 303; 20 U.S.C. 1202)

(b) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR Part 77:

(1) Applicant

(2) Application

(3) Award

(4) Budget period

(5) Secretary

(6) Local educational agency

(7) Nonprofit

(8) Private

(9) Project

(10) Project period

(11) Public

(12) State educational agency

(c) Definitions in 34 CFR Part 74. The following terms used in this part are defined in 34 CFR Part 74:

(1) Budget

(2) Grant

(3) Grantee

(4) Subgrant

(5) Subgrantee

(d) Program definitions. The following definitions also apply to the adult education programs:

(1) "Act" means the Adult Education Act (20 U.S.C. 1201 et seq.).

(2) "Expansion" means that the State educational agency has increased during the period covered by the three-year plan

(i) The number of agencies, institutions, and organizations-other than local educational agencies-used to provide adult education and support services; and

(ii) One or both of the following:

(A) The number of adults least educated and most in need of assistance participating in the adult education program.

(B) The percentage of adults least educated and most in need of assistance who met their educational objectives.

(3) "Immigrant," as used in this part, means any refugee admitted (paroled) into this country or any alien except one who is exempt under the provisions of the Immigration and Nationality Act, as amended.

(8 U.S.C. 1101(a)(15))

(4) "Indochina refugee," as defined in the Indochina Migration and Refugee Assistance Act of 1975, as amended by Pub. L. 94-313, and as used in this part, means an alien who because of persecution or fear of persecution on account of race, religion, or political opinion, fled from Cambodia, Vietnam, or Laos; cannot return there because of fear of persecution on account of race, religion, or political opinion; and is in urgent need of assistance for the essentials of life.

(22 U.S.C. 2601)

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

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

(7) "Outreach" means activities designed to

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

Subpart H-State-administered Special Experimental Demonstration Projects and Teacher Training Projects

426.71 Who are the eligible applicants for these projects?

426.72 What are the criteria and priorities in administering these projects? 426.73 How will a State administer these projects?

426.74 How will the results be disseminated?

AUTHORITY: Secs. 301-318 of Pub. L. 91230, as amended by Title XIII of Pub. L. 95561, 92 Stat. 2356, 20 U.S.C. 1201-1211c, unless otherwise noted.

SOURCE: 45 FR 22778, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77369, Nov. 21, 1980.

Subpart A-General

§ 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 programs for adults; and

(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