ment of Education Programs and Activities). (b) The regulations in this part. (c) The regulations in 34 CFR Parts 426 and 431. (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" signed to means activities 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 Budget period ED EDGAR de (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 Private Project period 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) 426.40 What are the matching requirements of the program? 426.41 What are the maintenance of effort requirements of the program? 426.42 How is a maintenance of effort waiver granted? 426.43 What are exceptional or uncontrollable circumstances? 426.44 How is maintenance of effort computed in the event of a waiver? 426.45 What are a State's responsibilities regarding State advisory councils and what the functions of these councils? 426.46-426.49 [Reserved] AUTHORITY: Secs. 301-315 of the Adult Education Act, as amended by Pub. L. 98511, 20 U.S.C. 1201 et seq., unless otherwise noted. SOURCE: 50 FR 29355, July 18, 1985, unless otherwise noted. Subpart A—General § 426.1 How is the State-administered adult education program governed? (a) Federal-State relationship. The State-administered adult education 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 provision of 34 CFR Part 425 apply to the State-administered adult education program under this part (Authority: 20 U.S.C. 1201 et seq.). Subpart B-How Does a State Apply for a Grant? § 426.10 Who is eligible? Any State may apply for a grant under this part. (Authority: Sec. 304(a); 20 U.S.C. 1203(a)) § 426.11 What documents must a State submit to receive its grant? A State educational agency (SEA) shall submit to the Secretary the following: (a) A State plan, developed once every three years, that meets the requirements of the Act and the regulations in this part. (b) Program assurances, signed by an authorized official of the SEA, to provide that (1) Special emphasis will be given to adult basic education programs except where these needs have been met in the State; (2) Adult 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; (3) The SEA will make available not to exceed 20 percent of the funds granted to the State under the Act for programs of equivalency for a certificate of graduation from a secondary school; (4) Not more than 20 percent of the funds granted to the State under the Act for any fiscal year will be used for the education of institutionalized adults; (5) The SEA will use not less than 10 percent of the funds granted to the State under the Act for special experimental demonstration projects and teacher training projects under section 310 of the Act. (6) Special assistance will 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; and these programs will be carrried out in coordination with programs of bilingual education assisted under title VII of the Elementary and Secondary Education Act of 1985 and bilingual vocational education programs under the Carl D. Perkins Vocational Education Act; (7) (i) For each year covered by the plan, the fiscal effort per student or the aggregate amount available for expenditure by the State for adult education from non-Federal sources for the preceding fiscal year was not less than the fiscal effort per student or the amount available for expenditure for such purposes from those sources during the second preceding fiscal year; (ii) In the event of exceptional and uncontrollable circumstances, the State may, under § 426.42, request a one-time waiver of the requirement in paragraph (b)(7)(i) of this section; (8) The SEA will report information about the State's adult education students, programs, expenditures, and goals, as may be required by the Secretary, together with information with respect to the age, sex, and race of students in the programs assisted under the Act and whether the students complete those programs; and (9) The SEA will send to the Secretary one copy of each final report of special experimental demonstration projects and teacher training projects supported under section 310 of the Act. (Approved under OMB Control No. 18300027) (Authority: Secs. 304(b), 306, 307(b) and 310; 20 U.S.C. 1203(b), 1205, 1206(b), 1208) § 426.12 What must the State plan contain? An SEA shall include all of the following in its State plan: (a) The SEA shall describe the means by which one or more representatives of each of the following agencies and groups were involved in the development of the State plan and how they will continue to be involved in carrying out the plan: (1) The business community. (2) Industry. (3) Labor unions. (4) Public educational agencies and institutions. (5) Private educational agencies and institutions. (6) Churches. (7) Fraternal/sororal organizations. (8) Voluntary organizations. (9) Community organizations. (10) State employment and training agencies. (11) Local employment and training agencies. (12) Adult residents of rural areas. (13) Adult residents of urban areas with high rates of unemployment. (14) Adults with limited English language skills. (15) Institutionalized adults. (16) Other entities concerned with adult education, such as basic skills programs, volunteer literacy programs, libraries, and organizations offering education programs for older persons and military personnel and their adult dependents. (b) The SEA shall describe (1) Its accomplishments in meeting the goals included in the previous three-year plan; and (2) How the assessment of accomplishments and the evaluation required by paragraph (0) of this section were considered in establishing the State's goals for adult education in the plan being submitted. (c) The SEA shall describe, for the three-year period covered by the plan, the adult education needs of all segments of the adult population in the State. (d) The SEA shall (1) Demonstrate that the special educational needs of adult immigrants in the State have been examined; and (2) Provide for the implementation of adult education and adult basic education programs for immigrants to meet existing needs. (e) The SEA shall identify the other Federal and non-Federal resources available to meet the needs described in paragraph (c) of this section. (f) The SEA shall describe its planned use of Federal funds for the administration of the program under § 426.21 including any planned expenditures for a State advisory council under § 426.45. (g) The SEA shall— (1) Identify the goals it intends to achieve in meeting the needs described in paragraph (c) of this section for the period covered by the plan. These goals must be designed to develop a statewide program in which the adult populations in the State that are least educated and most in need of assistance are served in a manner whereby they learn most effectively; and (2) Describe proposed activities for reaching each goal and give estimated percentages of funds under the State plan to be allocated to each goal. (h) The SEA shall describe (1) The outreach activities that the State intends to carry out during the period covered by the plan; and (2) In conjunction with these outreach activities, for the period covered by the State plan, the efforts it will undertake to assist adult participation in adult education programs through flexible course schedules, covenient locations, adequate transportation, and child care services. (i) The SEA shall describe the procedures the State will use to ensure that in carrying out the program there will be (1) Adequate consultation, cooperation, and coordination among the SEA State job training coordinating councils, State occupational information systems, and other agencies, organizations, and institutions in the State which operate employment and training programs or other educational or training programs for adults; and (2) Coordination of programs carried out under this part with other programs carried out by State and local agencies, including reading improvement programs, designed to provide reading instruction for adults. (j) The SEA shall describe the local application process and the criteria for evaluating local applications submitted by all eligible applicants for subgrants or contracts. (k) The SEA shall describe the method of determining the amount of funds to be distributed to applicants approved for funding. (1) The SEA shall describe the means by which the delivery of adult education services will be significantly expanded by (1) Efforts to increase the number of participating agencies, institutions, and organizations other than the public school systems, such as business, labor unions, libraries, institutions of higher education, public health authorities, antipoverty programs, and community organizations; and (2) Efforts to increase the number of participants in adult basic education. (m) An SEA that is prohibited by State law from awarding Federal funds by grant or contract to public or private agencies, organizations, or institutions, other than local educational agencies, shall describe in its State plan (1) The legal basis of this prohibition; and (2) How public or private agencies, organizations, or institutions will be used for expanding the delivery of services. (n) The SEA shall describe (1) Its policies, procedures, and activities for carrying out special experimental demonstration projects and teacher training projects in accordance with § 426.33; and (2) Its criteria and priorities for awarding special projects and teacher training projects. (Approved Under OMB Control No. 18300026) (Authority: Secs. 306 and 310; 20 U.S.C. 1205, 1208) |