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have been traditionally underrepresented, such as

(A) Members of racial or ethnic minority groups;

(B) Women;

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

(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 control number 18300013)

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

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§ 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

(ii) Any favorable developments 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)

8417.42 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 control number 18300013)

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

PART 425-ADULT EDUCATION— GENERAL PROVISIONS

Sec.

425.1 What is the purpose of the Adult Education Act?

425.2 What programs are authorized by the Adult Education Act?

425.3 What regulations apply to the adult education programs?

425.4 What definitions apply to the adult education programs?

AUTHORITY: 20 U.S.C. 1201 et seq., unless otherwise noted.

SOURCE: 54 FR 34409, Aug. 18, 1989, unless otherwise noted.

§ 425.1 What is the purpose of the Adult Education Act?

The purpose of the Adult Education Act (the Act) is to assist the States to

(a) Improve educational opportunities for adults who lack the level of literacy skills requisite to effective citizenship and productive employment;

(b) Expand and improve the current system for delivering adult education services, including delivery of these services to educationally disadvantaged adults; and

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

(1) Enable adults to acquire the basic educational skills necessary for literate functioning;

(2) Provide adults with sufficient basic education to enable them to benefit from job training and retraining programs and obtain and retain productive employment so that they might more fully enjoy the benefits and responsibilities of citizenship; and

(3) Enable adults who so desire to continue their education to at least the level of completion of secondary school.

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

§ 425.2 What programs are authorized by the Adult Education Act?

The following programs are authorized by the Act:

(a) Adult Education State-administered Basic Grant Program (34 CFR part 426).

(b) National Workplace Literacy Program (34 CFR part 432).

(c) State-administered Workplace Literacy Program (34 CFR part 433). (d) State-administered English Literacy Program (34 CFR part 434).

(e) National English Literacy Demonstration Program for Individuals of Limited English Proficiency (34 CFR part 435).

(f) Adult Migrant Farmworker and Immigrant Education Program (34 CFR part 436).

(g) National Adult Literacy Volunteer Training Program (34 CFR part 437).

(h) State Program Analysis Assistance and Policy Studies Program (34 CFR part 438).

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

§ 425.3 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) as follows:

(1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations) for grants, including cooperative agreements, to institutions of higher education, hospitals, and nonprofit organizations.

(2) 34 CFR part 75 (Direct Grant Programs) (applicable to parts 432, 435, 436, 437, and 438).

(3) 34 CFR part 76 (State-administered Programs) (applicable to parts 426, 433, and 434), except that 34 CFR 76.101 (The general State application) does not apply.

(4) 34 CFR part 77 (Definitions that Apply to Department Regulations).

(5) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).

(6) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) for grants, including cooperative agreements, to State and local governments, including Indian tribal organizations.

(7) 34 CFR part 81 (General Education Provisions Act-Enforcement).

(8) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non

procurement) and

Governmentwide Requirements for Drug-Free Workplace (Grants)).

(b) The regulations in this part 425. (c) The regulations in 34 CFR parts 426, 432, 433, 434, 435, 436, 437, and 438.

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

§ 425.4 What definitions apply to the adult education programs?

(a) Definitions in the Act. The following terms used in regulations for adult education programs are defined in sections 312 and 326(b) of the Act: Academic education Adult

Adult education

Community-based organization
Community school program
Correctional institution
Criminal offender

Educationally disadvantaged adult
English literacy program
Institution of higher education
Local educational agency
Out-of-school youth
Private industry council
State educational agency

(b) Definitions in EDGAR. The following terms used in regulations for adult education programs are defined in 34 CFR 77.1:

Applicant
Application
Award

Budget

Budget period
Contract

ED
EDGAR
Fiscal year
Grant
Grantee

Nonprofit
Private
Project
Project period
Public
Secretary
Subgrant
Subgrantee

(c) Other definitions. The following definitions also apply to regulations for adult education programs:

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

Adult basic education means instruction designed for an adult who

(1) Has minimal competence in reading, writing, and computation;

(2) Is not sufficiently competent to meet the educational requirements of adult life in the United States; or

(3) Is not sufficiently competent to speak, read, or write the English language to allow employment commensurate with the adult's real ability.

If grade level measures are used, adult basic education includes grades 0 through 8.9.

Adult secondary education means instruction designed for an adult who(1) Is literate and can function in everyday life, but is not proficient; or

(2) Does not have a certificate of graduation (or its equivalent) from a school providing secondary education. If using grade level measures, adult secondary education includes grades 9 through 12.9.

Adults with Limited English proficiency, persons with limited English proficiency, individuals of limited English proficiency, and limited English proficient adults mean individuals who

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

(2) Come from environments where a language other than English is dominant; or

(3) Are American Indian or Alaska 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

(4) Who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny these 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. 3283(a)(1))

Expansion means that the State educational agency (SEA) has increased during the period covered by the State's four-year plan the number of agencies, institutions, and organizations-other than local educational agencies-used to provide adult educa

tion and support services in order to increase the number of adults served, particularly the number of typically underserved adults participating in the adult education program, such as educationally disadvantaged adults, individuals of limited English proficiency, and adults with handicaps.

Homeless or homeless adult:

(1) The terms mean an adult lacking a fixed, regular, and adequate nighttime residence as well as an individual having a primary nighttime residence that is

(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);

(ii) An institution that provides a temporary residence for individuals intended to be institutionalized; or

(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(2) The terms do not include any adult imprisoned or otherwise detained pursuant to an Act of the Congress or a State law.

(Authority: 42 U.S.C. 11301)

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))

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

Migrant farmworker means a person who has moved within the past 12 months from one school district to another-or, in a State that is comprised of a single school district, has moved from one school administrative area to another to enable him or her to obtain temporary or seasonal employment in any activity directly related to

(1) The production or processing of crops, dairy products, poultry, or livestock for initial commercial sale or as

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(1) Inform educationally disadvantaged adult populations of the availability and benefits of the adult education program;

(2) Actively recruit these adults to participate in the adult education program; and

(3) Assist these adults to participate in the adult education program by providing reasonable and convenient access and support services to remove barriers to their participation in the program.

Program year means the twelvemonth period during which a State operates its adult education program.

State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, and the Virgin Islands.

(Authority: 20 U.S.C. 1201a(7) and 48 U.S.C. 1681)

State administrative costs means costs for those management and supervisory activities necessary for 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 332 of the Act, but does not include costs incurred for such additional activities as evaluation, teacher training, dissemination, technical assistance, and curriculum development.

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

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426.20 How does the Secretary make allotments?

426.21 How does the Secretary make reallotments?

426.22 What criteria does the Secretary

use in approving a State's description of efforts relating to program reviews and evaluations?

426.23 How does the Secretary approve State plans and amendments?

Subpart D-How Does a State Make an Award to an Eligible Recipient?

426.30 Who is eligible for a subgrant or contract?

426.31 How does a State award funds? 426.32 What are programs for corrections education and education for other institutionalized individuals?

426.33 What are special experimental demonstration projects and teacher training projects?

Subpart E—Vihat Conditions Must Be Met by a State?

426.40 What are the State and local administrative costs requirements?

426.41 What are the cost-sharing requirements?

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