The Code of Federal Regulations of the United States of America

Subpart C-How Does the Secretary Make an Award?

8 432.20 What priorities may the Secretary establish?

(a) The Secretary may announce through one or more notices published in the FEDERAL REGISTER the priorities for this program, if any, from the types of projects described in paragraph (b) of this section.

(b) Priority may be given to projects training adult workers who have inadequate basic skills and who

(1) Are currently unable to perform their jobs effectively or are ineligible for career advancement due to an identified lack of basic skills;

(2) Are employed in industries retooling with high technology and for whom training in basic skills is expected to result in continued employment; (3) Require training in English-as-asecond-language in order to increase productivity, to continue employment, or to be eligible for career advancement; or

(4) Are employed in an industry adversely impacted by competitiveness in the world economy and for whom training is expected to result in the increased competitiveness of that industry in world markets.

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

§ 432.22 What selection criteria does the Secretary use?

The Secretary uses the following criteria to evaluate an application:

(a) Program factors. (15 points) The Secretary reviews each application to determine the extent to which the project

(1) Demonstrates a strong relationship between skills taught and the literacy requirements of actual jobs, especially the increased skill requirements of the changing workplace;

(2) Is targeted to adults with inadequate skills for whom the training described is expected to mean new employment, continued employment, career advancement, or increased productivity;

(3) Includes support services, based on cooperative relationships within the partnership and from helping organizations, necessary to reduce barriers to participation by adult workers. Support services could include educational counseling, transportation, and child care during non-working hours while adult workers are participating in a project; and

(4) Demonstrates the active commitment of all partners to accomplishing project goals.

(b) Extent of need for the project. (15 points) The Secretary reviews each application to determine the extent to which the project meets specific needs, including consideration of—

(1) The extent to which the project will focus on demonstrated needs for workplace literacy training of adult workers;

(2) The adequacy of the applicant's documentation of the needs to be addressed by the project;

(3) How those needs will be met by the project; and

(4) The benefits to adult workers and their industries that will result from meeting those needs.

(c) Quality of training. (15 points) The Secretary reviews each application to determine the quality of the training to be provided by the project, including the extent to which the project will

(1) Use curriculum materials that are designed for adults and that reflect the needs of the workplace;

(2) Use individualized educational plans developed jointly by instructors and adult learners;

(3) Take place in a readily accessible environment conducive to adult learning; and

(4) Provide training through the partner classified under § 432.2(a)(2), unless transferring this activity to the partner classified under § 432.2(a)(1) is necessary and reasonable within the framework of the project.

(d) Plan of operation. (12 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including

(1) The quality of the project design, especially the establishment of measurable objectives for the project that are based on the project's overall goals;

(2) The extent to which the plan of management is effective and ensures proper and efficient administration of the project, and includes

(i) A description of the respective roles of each member of the partnership in carrying out the plan;

(ii) A description of the activities to be carried out by any contractors under the plan;

(iii) A description of the respective roles, including any cash or in-kind contributions, of helping organizations; and

(iv) A description of the respective roles of any sites;

(3) How well the objectives of the project relate to the purposes of the program;

(4) The quality of the applicant's plan to use its resources and personnel to achieve each objective; and

(5) How the applicant will ensure that project participants, who are otherwise eligible to participate, are selected without regard to race, color, national origin, gender, age, or handicapping condition.

(e) Applicant's experience and quality of key personnel. (10 points) (1) The Secretary reviews each application to determine the extent of the applicant's experience in providing literacy services to working adults.

(2) The Secretary reviews each application to determine the quality of

key personnel the applicant plans to use on the project including—

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

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

(iii) The time that each person referred to in paragraphs (e)(2) (i) and (ii) of this section will commit to the project; and

(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or handicapping condition.

(3) To determine personnel qualifications under paragraphs (e)(2) (i) and (ii) of this section, the Secretary considers

(i) Experience and training in fields related to the objectives of the project;

(ii) Experience and training in project management; and

(iii) Any other qualifications that pertain to the quality of the project.

(f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation

(1) Are clearly explained and appropriate to the project;

(2) To the extent possible, are objective and produce data that are quantifiable;

(3) Identify expected outcomes of the participants and how those outcomes will be measured;

(4) Include evaluation of effects on job advancement, job performance (including, for example, such elements as productivity, safety and attendance), and job retention; and

(5) Are systematic throughout the project period and provide data that can be used by the project on an ongoing basis for program improvement.

(g) Budget and cost-effectiveness. (8 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project;

(2) Costs are reasonable and necessary in relation to the objectives of the project; and

(3) The applicant has minimized the purchase of equipment and supplies in order to devote a maximum amount of resources to instructional services.

(Approved by the Office of Management and Budget under control number 18300507)

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

§ 432.23 What additional factor does the Secretary consider?

In addition to the criteria in § 432.22, the Secretary may consider whether funding a particular applicant would improve the geographical distribution of projects funded under this program. (Authority: 20 U.S.C. 1211(a))

Subpart D-What Conditions Must Be Met After an Award?

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

(a) An applicant shall use funds to supplement and not supplant funds otherwise available for the purposes of this program.

(b) A project 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.

(1) 100 percent of the administrative costs incurred by an SEA or an LEA in establishing projects during the startup period referenced in paragraph (b)(1) of this section; and

(2) 70 percent of the costs of a project during the operational period referenced in paragraph (b)(2) of this section.

(d) In partnerships in which any other entity is the grantee, an award under this program may be used to pay 70 percent of costs incurred in establishing and operating the project throughout the period of the grant.

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

(Authority: 20 U.S.C. 1211(a)(2) and (4)(E)) § 432.31 How must projects that serve adults with limited English proficiency provide for the needs of those adults? (a) Projects serving adults with limited English proficiency or no English proficiency shall 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(a))

Sec.

Subpart D-How Does an Applicant Apply to a State for an Award?

433.30 Who is eligible to apply to a State for an award? 433.31 How does a State carry out the State-administered Workplace Literacy Program?

433.32 What are the local application requirements?

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? 433.51 What are the program review and evaluation requirements?

433.52 How must projects that serve adults with limited English proficiency provide for the needs of those adults?

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

SOURCE: 54 FR 34421, Aug. 18, 1989, unless otherwise noted.

Subpart A-General

§ 433.1 What is the State-administered Workplace Literacy Program?

When the annual appropriation for workplace literacy equals or exceeds $50,000,000, the State-administered Workplace Literacy Program provides financial assistance for adult education programs that teach literacy skills needed in the workplace through education partnerships between business, industry, or labor organizations and educational organizations. (Authority: 20 U.S.C. 1211(b))

§ 433.2 Who is eligible for an award?

(a) 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 § 433.10.

(b) If a State is ineligible to receive its allotment under this program, the Secretary uses the State's allotment to make direct grants to applicants in that State who are qualified to teach literacy skills needed in the workplace. To make those awards, the Secretary uses the procedures described for the

National Workplace Literacy Program in 34 CFR part 432.

(Authority: 20 U.S.C. 1211(b) (3), (6))

§ 433.3 What kinds of activities may be assisted?

(a) Under the State-administered Workplace Literacy Program the Secretary makes allotments to an SEA to pay the Federal share of the cost of adult education programs that teach literacy skills needed in the workplace through partnerships between the entities in § 433.30(a) (1) and (2).

(b) A State shall assist partnership projects that are designed to improve the productivity of the workforce through improvement of literacy skills needed in the workplace through the activities described in 34 CFR 432.3 (a) through (f).

(Authority: 20 U.S.C. 1211(b) (4), (5))

(b) The procedures under which applications for that funding may be submitted; and

(c) The method by which the SEA will obtain an annual third-party evaluation of student achievement in, and the overall effectiveness of the services provided by, all projects that receive funding from the State's grant under the State-administered Workplace Literacy Program.

(Approved by the Office of Management

and Budget under control number 18300026)

(Authority: 20 U.S.C. 1211(b)(3)(A))

Subpart C-How Does the Secretary Make a Grant to a State?

8433.20 How does the Secretary make allotments?

The Secretary determines the amount of each State's allotment according to a formula in section 371(b)(7)(B) of the Act.

(Authority: 20 U.S.C. 1211(b)(7)(B))

§ 433.21 How does the Secretary make reallotments?

(a)(1) At the end of each fiscal year, the Secretary reallocates the portion of any State's allotment that—

(i) Exceeds 10 percent of the State's allotment under this program for the fiscal year; and

(ii) Was not obligated by the end of the fiscal year.

(2) A State may not obligate any portion of the excess described in paragraphs (a)(1) (i) and (ii) of this section after the end of the fiscal year.

(b) The Secretary reallots funds among the other States that themselves are not described in paragraph (a) of this section in the same proportion as each State's allocation for the fiscal year described in paragraph (a) of this section.

(d) Any amount that a State carries over from a prior year's allotment is deemed part of the State's allotment for the year into which funds are carried.

(e) In determining whether a State has obligated at least 90 percent of its allotment for a fiscal year, the Secretary considers as part of the State's allotment any funds reallotted to the State during that year or carried over from a prior year allotment. (Authority: 20 U.S.C. 1211(b)(7)(C))

Subpart D-How Does an Applicant Apply to a State for an Award?

§ 433.30 Who is eligible to apply to a State for an award?

(a) Subgrants or contracts may be provided by the SEA to exemplary partnerships between

(1) A business, industry, or labor organization, or private industry council; and

(2) The State educational agency, a local educational agency (LEA), an institution of higher education, or a school (including an area vocational school, an employment and training agency, or a community-based organization).

(b) Partnerships must include at least one entity listed in paragraph (a)(1) of this seciton and one entity listed in paragraph (a)(2) of this section, and may include more than one entity from each group.

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

§ 433.31 How does a State carry out the State-administered Workplace Literacy Program?

(a) An SEA carries out the program by

(1) Providing State administration of the grant; and

(2) Awarding subgrants or contracts to eligible partnerships.

(b) The SEA may not use program funds for the administrative costs it incurs in carrying out its responsibilities under paragraph (a) of this section.

(1) Take an active role in the partnership in addition to its administrative responsibilities under paragraph (a) of this section; and

« Previous Continue »

Books