[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR460.4] [Page 120-122] TITLE 34--EDUCATION CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF EDUCATION PART 460_ADULT EDUCATION_GENERAL PROVISIONS--Table of Contents Sec. 460.4 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 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; [[Page 121]] (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)) Governor includes the chief executive officer of a State that does not have a Governor. 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. Literacy means an individual's ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job and in society, to achieve one's goals, and to develop one's knowledge and potential. 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 a principal means of personal subsistence; (2) The cultivation or harvesting of trees; or (3) Fish farms. Outreach means activities designed to-- (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 twelve-month period during which a State operates its adult education program. 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, [[Page 122]] teacher training, dissemination, technical assistance, and curriculum development. (Authority: 20 U.S.C. 1201 et seq.) [54 FR 34409, Aug. 18, 1989. Redesignated and amended at 57 FR 24091, 24092, June 5, 1992]