Sec. 201. Amendment
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Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: This title may be cited as the Adult Education and Family Literacy Education Act . It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills.
In this title: The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— who are at least 16 years of age; who are not enrolled or required to be enrolled in secondary school under State law; and who— lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or are English learners.
The term eligible agency — means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges.
The term eligible provider means an organization of demonstrated effectiveness which is— a local educational agency; a community-based or faith-based organization; a volunteer literacy organization; an institution of higher education; a public or private educational agency; a library; a public housing authority; an institution that is not described in any of subparagraphs
(A)through
(G)and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs
(A)through (H). The term English language acquisition program means a program of instruction— designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and that may lead to— attainment of a secondary school diploma or its recognized equivalent; transition to success in postsecondary education and training; and employment or career advancement. The term family literacy education program means an educational program that— assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— interactive literacy activities between parents and their children; training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; parent literacy training that leads to economic self-sufficiency; and an age-appropriate education to prepare children for success in school and life experiences. The term Governor means the chief executive officer of a State or outlying area. The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). The term individuals with disabilities means more than one individual with a disability. The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— whose native language is a language other than English; or who lives in a family or community environment where a language other than English is the dominant language. The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. The term outlying area has the meaning given the term in section 101 of this Act. The term postsecondary educational institution means— an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; a tribally controlled community college; or a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. The term Secretary means the Secretary of Education. The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. From the sums appropriated under section 205 and not reserved under subsection
(a)for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections
(f)and (g). The Secretary may award a grant under paragraph
(1)only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. From the sums appropriated under section 205 and not reserved under subsection
(a)for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— $100,000, in the case of an eligible agency serving an outlying area; and $250,000, in the case of any other eligible agency. From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph
(1)an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. For the purpose of subsection (c)(2), the term qualifying adult means an adult who— is at least 16 years of age; is beyond the age of compulsory school attendance under the law of the State or outlying area; does not have a secondary school diploma or its recognized equivalent; and is not enrolled in secondary school. From amounts made available under subsection
(c)for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. Notwithstanding subsection
(c)and subject to paragraph (2), for— fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and
(3)of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. Each eligible agency shall be responsible for the following activities under this title: The development, submission, implementation, and monitoring of the State plan. Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. Each eligible agency receiving a grant under this title for a fiscal year— shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. An eligible agency’s non-Federal contribution required under paragraph
(1)may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. Activities to promote workplace literacy programs. Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. The eligible agency may submit the State plan as part of a State unified plan described in section 501. The eligible agency shall include in the State plan or any revisions to the State plan— an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; a description of the adult education and family literacy education programs that will be carried out with funds received under this title; an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; a description of the process that will be used for public participation and comment with respect to the State plan, which— shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; a description of the eligible agency’s strategies for serving populations that include, at a minimum— low-income individuals; individuals with disabilities; the unemployed; the underemployed; and individuals with multiple barriers to educational enhancement, including English learners; a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and how the State will increase the participation of business and industry in adult education and family literacy education programs; an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. The eligible agency shall— submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. The Secretary shall— approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. The funds described in subsection
(a)shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— basic skills education; special education programs as determined by the eligible agency; reading, writing, speaking, and math programs; secondary school credit or diploma programs or their recognized equivalent; and integrated education and training. Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. For purposes of this section: The term correctional institution means any— prison; jail; reformatory; work farm; detention center; or halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. The eligible agency shall require eligible providers receiving a grant or contract under subsection
(a)to establish or operate— programs that provide adult education and literacy activities; programs that provide integrated employment and training activities; or credit-bearing postsecondary coursework. Each eligible agency receiving funds under this title shall ensure that— all eligible providers have direct and equitable access to apply for grants or contracts under this section; and the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. The eligible agency shall require eligible providers receiving a grant or contract under subsection
(a)to demonstrate— the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; the program is of sufficient intensity and quality for participants to achieve substantial learning gains; educational practices are evidence-based; the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— a description of how funds awarded under this title will be spent consistent with the requirements of this title; a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and each of the demonstrations required by section 231(d). Subject to subsection (b), of the amount that is made available under this title to an eligible provider— at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. In cases where the cost limits described in subsection
(a)are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. The Secretary shall establish and carry out a program of national activities that may include the following: Providing technical assistance to eligible entities, on request, to— improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; improve its performance on the core indicators of performance described in section 136; provide adult education professional development; and use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. .
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