(2) Serve as a full and equal partner with other members of the partnership.

(d) An SEA may use program funds for necessary and reasonable administrative costs incurred in performing its role as a partner in a project described in paragraph (c) of this section.

(Authority: 20 U.S.C. 1211(b))

§ 433.32 What are the local application requirements?

A local partnership application, submitted to an SEA for funding under the State-administered Workplace Literacy Program, must contain the information in section 371(a)(4) of the Act.

(Approved by the Office of Management and Budget under control number 18300510)

(Authority: 20 U.S.C. 1211(b)(5))

Subpart E-What Post-Award Conditions Must Be Met by a State and Its Subgrantees and Contractors?

§ 433.50 What other requirements must be met under this program?

(a) The Federal share of expenditures for projects funded under the State-administered Workplace Literacy Program is paid from the State's allotment under the program.

(b) A State Educational agency may reserve a portion of its allotment to pay 100 percent of the costs incurred by the SEA in obtaining evaluations required in § 433.10(c).

(c) A project funded by the SEA may include

(1) A start-up period between the time the project begins and the time services are provided to adult workers; and

(2) An operational period during which these services are provided.

(d) An award to a partnership under this program may be used to pay—

(1) 70 percent of the costs of a project during the operational period referenced in paragraph (c)(2) of this section;

(2) 100 percent of the administrative costs incurred by an SEA or an LEA in establishing projects during the start

up period referenced in paragraph (c)(1) of this section; and

(3) 70 percent of the administrative costs incurred by other entities in establishing projects during the start-up period referenced in paragraph (c)(1) of this section.

(e)(1) A project's start-up period may not last longer than 90 days; and (2) Partnerships shall minimize the start-up period, if any, proposed for their projects.

(Authority: 20 U.S.C. 1211(b)(1), (2))

§ 433.51 What are the program review and evaluation requirements?

The SEA shall provide for program reviews and evaluations in accordance with 34 CFR 426.46.

(Approved by the Office of Management and Budget under control number 18300510)

(Authority: 20 U.S.C. 1207a and 1211(b))

§ 433.52 How must projects that serve adults with limited English proficiency provide for the needs of those adults? (a) An SEA shall ensure that projects serving adults with limited English proficiency or no English proficiency provide for the needs of these adults by teaching literacy skills needed in the workplace.

(b) Projects may teach workplace literacy skills

(1) To the extent necessary, in the native language of these adults; or

(2) Exclusively in English.

(c) Projects must be carried out in coordination with programs assisted under the Bilingual Education Act and with bilingual vocational education programs under the Carl D. Perkins Vocational Education Act.

(Authority: 20 U.S.C. 1206a(d) and 1211(b))

Sec.

434.3 What activities may the Secretary

fund?

434.4 What regulations apply?

434.5 What definitions apply?

Subpart B-How Does A State Apply for an Award?

434.10 What State plan requirements must be met?

Subpart C-How Does the Secretary Make an Award?

434.20 How does the Secretary determine the amount of an award?

Subpart D-What Conditions Must be Met After a State Receives an Award?

434.30 Who is eligible to apply to a State for a subgrant or contract? 434.31 What percentage requirements must a State meet in using and allocating funds to eligible recipients? 434.32 How are awards made to eligible recipients?

434.33 In what additional way may a State use funds under this program?

434.34 What are the reporting and program review and evaluation requirements under this program?

434.35 What other condition applies to this program?

Subpart E-What Compliance Procedures May the Secretary Use?

434.40 When may the Secretary terminate a grant?

AUTHORITY: 20 U.S.C. 1211a, unless otherwise noted.

SOURCE: 54 FR 34422, Aug. 18, 1989, unless otherwise noted.

Subpart A-General

§ 434.1 What is the State-administered English Literacy Program?

The State-administered English Literacy Program provides grants to States for English literacy programs for individuals of limited English proficiency.

(Authority: 20 U.S.C. 1211a(a)(1))

§ 434.2 Who is eligible for an award?

A State educational agency (SEA) is eligible for an award if the Secretary has approved the State plan and application submitted in accordance with section 342 of the Act and 34 CFR

426.10 through 426.13, and the State plan meets the requirements in § 343.10.

(Authority: 20 U.S.C. 1211a(a)(1), (2))

§ 434.3 What activities may the Secretary fund?

(a) The Secretary provides funds for establishing, operating, and improving English literacy programs of instruction that are designed to help limited English proficient adults, out-ofschool youths, or both, achieve full competence in the English language.

(b) Funds may also be used to provide support services for program participants, including child care and transportation.

(Authority: 20 U.S.C. 1201a(13) and 1211a(a)(1))

§ 434.4 What regulations apply?

The following regulations apply to the State-administered English Literacy Program:

(a) The regulations in this part 434. (b) The regulations in 34 CFR part 425.

(Authority: 20 U.S.C. 1211a)

§ 434.5 What definitions apply?

The definitions in 34 CFR 425.4 apply to this part.

(Authority: 20 U.S.C. 1211a)

Subpart B-How Does A State Apply for an Award?

§ 434.10 What State plan requirements must be met?

(a) To receive a grant under this program, an SEA shall include in its State plan, submitted to the Secretary in accordance with 34 CFR 426.10, a description of

(1) The number of individuals of limited English proficiency in the State who need or could benefit from programs assisted under section 372(a) of the Act and this part;

(2) The activities to be undertaken with the grant under this part and the manner in which these activities will promote English literacy and enable individuals of limited English profi

ciency in the State to participate fully in national life;

(3) How the activities described in paragraph (a)(2) of this section will serve individuals of limited English proficiency, including the qualifications and training of personnel who will participate in the proposed activities;

(4) The resources necessary to develop and operate the proposed activities and the resources to be provided by the State; and

(5) The specific goals of the proposed activities and how achievement of these goals will be measured.

(b) An SEA that is prohibited by State law from awarding Federal funds by subgrant 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 community-based organizations (CBOs) with demonstrated capability to administer English proficiency programs will otherwise be fully involved in establishing and operating English literacy programs for individuals of limited English proficiency. (Approved by the Office of Management and Budget under control number 18300026)

(Authority: 20 U.S.C. 1211a(a)(2))

Subpart C-How Does the Secretary Make an Award?

§ 434.20 How does the Secretary determine the amount of an award?

(a)(1) From the sums available for the purpose of grants to States under section 372 of the Act, the Secretary allots to

(i) Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands $10,000 each;

(ii) The Trust Territory of the Pacific Islands (Republic of Palau) an amount that bears the same ratio to $10,000 that the population of Palau ages 18 and over bears to the total population of the Trust Territory of the Pacific Islands as formally constructed (including the Republic of Palau, the Federated States of Micro

nesia, and the Republic of the Marshall Islands) ages 18 and over; and (iii) Puerto Rico, $25,000.

(2) From the remainder of those sums the Secretary allots to each of the 50 States and the District of Columbia an amount that bears the same ratio to that remainder as the number of persons 18 years of age and older who are limited English proficient of such State bears to the number of those persons in all States, except that no State shall receive less than $25,000. For purposes of paragraph (a)(2) of this section the term “State" does not include Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands (Republic of Palau).

(b) A CBO with demonstrated capability to administer English proficiency programs.

(c)(1) A public or private nonprofit agency, organization, or institution.

(2) The nonprofit agency, organization, or institution shall consult the LEA in the area proposed to be served by the applicant and give that LEA an opportunity to comment on the application.

(3) The nonprofit agency, organization, or institution shall respond to the LEA's comments and attach the comments and responses to the application.

(d)(1) An LEA, CBO, or public or private nonprofit agency, organization or institution may apply an behalf of & consortium that includes a for-profit agency, organization, or institution

§ 434.31 What percentage requirements must a State meet in using and allocating funds to eligible recipients?

(a) An SEA may use not more than 5 percent of its grant for State administration, technical assistance, and training.

(b) After determining the amount to be used for State administration, technical assistance, and training under paragraph (a) of this section, the SEA shall allocate at least 50 percent of the remainder of its grant to programs operated by CBOS with demonstrated capability to administer English proficiency programs.

(Authority: 20 U.S.C. 1211a(b), (f)(5))

§ 434.32 How are awards made to eligible recipients?

(a) Except as provided in paragraph (c) of this section, an SEA shall make awards to eligible recipients using the provisions in 34 CFR 426.31.

(b) In applying the preference provisions in 34 CFR 426.31(a), the SEA shall ensure that it allocates at least 50 percent of the remainder of its grant to programs operated by CBOS, as described in § 434.31(b).

(c) An SEA may not use the consultation and comment provisions in 34 CFR 426.31(e) in making awards to CBOs.

(d) An SEA shall develop appropriate criteria for the review of an application submitted by a CBO to ensure that the applicant has demonstrated capability to administer an English proficiency program.

(Authority: 20 U.S.C. 1203a(a), 1206(c)(3), and 1211a(b))

§ 434.33 In what additional way may a State use funds under this program? An award to an SEA under this program may be used in combination with

other Federal funds awarded to a State for literacy training for individuals of limited English proficiency. (Authority: 20 U.S.C. 1211a(f)(3))

§ 434.34 What are the reporting and program review and evaluation requirements under this program?

An SEA that receives a grant under section 372 of the Act and this part shall

(a)(1) Report information describing the activities funded under the SEA's grant for each fiscal year covered by the grant.

(2) Provide for program reviews and evaluations in accordance with 34 CFR 426.46.

(b) Notify the Secretary if there is no longer a need in the State for the activities funded under the SEA's grant.

(Approved by the Office of Management and Budget under control number 18300510)

(Authority: 20 U.S.C. 1207a and 1211a(a))

§ 434.35 What other condition applies to this program?

(a) An SEA shall provide for the needs of individuals of limited English proficiency or no English proficiency by providing programs designed to teach English and, as appropriate, to allow these adults to progress effectively through the adult education program or to prepare them to enter the regular program of adult education as quickly as possible.

(b) The programs may, to the extent necessary, provide instruction in the native language of these adults or may provide instruction exclusively in English.

(c) These programs must be carried out in coordination with programs assisted under the Bilingual Education Act and with bilingual vocational education programs under the Carl D. Perkins Vocational Education Act. (Authority: 20 U.S.C.1206a(d) and 1211(a)

Subpart E-What Compliance Procedures May the Secretary Use?

§ 434.40 When may the Secretary terminate a grant?

(a) The Secretary terminates a grant only if the Secretary determines that

(1) The State has not made substantial progress in achieving the educational goals described in the State plan; or

(2) There is no longer a need in the State for the activities funded under this part.

(b) Prior to making a determination under paragraph (a) of this section, the Secretary provides the State an opportunity to change the administration of its grant in order to

(1) Achieve substantial progress in meeting those educational goals; or

(2) Meet new needs through different activities.

(Authority: 20 U.S.C. 1211a(a)(3))

Sec.

435.31 How must projects that serve individuals of limited English proficiency provide for the needs of those adults? AUTHORITY: 20 U.S.C. 1211a(d), unless otherwise noted.

SOURCE: 54 FR 34424, Aug. 18, 1989, unless otherwise noted.

Subpart A-General

§ 435.1 What is the National English Literacy Demonstration Program for Individuals of Limited English Proficiency?

The National English Literacy Demonstration Program for individuals of limited English proficiency provides financial assistance for the development of innovative approaches and methods used in English literacy programs for individuals of limited English proficiency.

(Authority: 20 U.S.C. 1211a(d))

§ 435.2 Who is eligible for an award?

Public or private nonprofit agencies, institutions, or organizations are eligible for a grant, cooperative agreement, or contract under this program. (Authority: 20 U.S.C. 1211a(d))

§ 435.3 What activities may the Secretary fund?

(a) The Secretary may support, directly or through awards, the development of innovative approaches and methods of English literacy education for individuals of limited English proficiency that use new instructional methods and technologies.

(b) These innovative approaches and methods must be designed to help limited English proficient adults, out-ofschool youths, or both, to achieve full competence in the English language. (Authority: 20 U.S.C. 1201a(13) and 1211a(d)(1))

§ 435.4 What regulations apply?

The following regulations apply to the National English Literacy Demonstration Program for Individuals of Limited English Proficiency:

(a) The Federal Acquisition Regulation (FAR) in 48 CFR Chapter 1 and the Department of Education Acquisi