[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: 34CFR461.12]



[Page 124-126]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 461_ADULT EDUCATION STATE-ADMINISTERED BASIC GRANT PROGRAM--Table 

of Contents

 

              Subpart B_How Does a State Apply for a Grant?

 

Sec. 461.12  What must the State plan contain?



    (a) Consistent with the assessment described in Sec. 461.11(c), a 

State plan must, for the four-year period covered by the plan--

    (1) Describe the adult education needs of all segments of the adult 

population in the State identified in the assessment, including the 

needs of those adults who are educationally disadvantaged:

    (2) Describe and provide for the fulfillment of the literacy needs 

of individuals in the State;

    (3) Set forth measurable goals for improving literacy levels, 

retention in literacy programs, and long-term learning gains of 

individuals in the State and describe a comprehensive approach for 

achieving those goals, including the development of indicators of 

program quality as required by section 331(a)(2) of the Act and Sec. 

461.3(b)(7).

    (4) Describe the curriculum, equipment, and instruments that are 

being used by instructional personnel in programs and indicate how 

current these elements are;

    (5) Describe the means by which the delivery of adult education 

services will be significantly expanded (including efforts to reach 

typically underserved groups such as educationally disadvantaged adults, 

individuals of limited English proficiency, and adults with 

disabilities) through coordination



[[Page 125]]



by agencies, institutions, and organizations including the public school 

system, businesses, labor unions, libraries, institutions of higher 

education, public health authorities, employment or training programs, 

antipoverty programs, organizations providing assistance to the 

homeless, and community and voluntary organizations;

    (6) Describe the means by which representatives of the public and 

private sectors were involved in the development of the State plan and 

how they will continue to be involved in the implementation of the plan, 

especially in the expansion of the delivery of adult education services 

by cooperation and collaboration with those public and private agencies, 

institutions, and organizations;

    (7) Describe the capability of existing programs and institutions to 

meet the needs described in paragraph (a)(1) of this section, including 

the other Federal and non-Federal resources available to meet those 

needs;

    (8) Describe the outreach activities that the State intends to carry 

out during the period covered by the plan, including specialized 

efforts--such as flexible course schedules, auxiliary aids and services, 

convenient locations, adequate transportation, and child care services--

to attract and assist meaningful participation in adult education 

programs;

    (9)(i) Describe the manner in which the SEA will provide for the 

needs of adults 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.

    (ii) These programs may, to the extent necessary, provide 

instruction in the native language of these adults or may provide 

instruction exclusively in English.

    (iii) 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 and 

Applied Technology Education Act;

    (10) Describe how the particular education needs of adult 

immigrants, the incarcerated, adults with disabilities, the chronically 

unemployed, homeless adults, the disadvantaged, and minorities in the 

State will be addressed;

    (11)(i) Describe the progress the SEA has made in achieving the 

goals set forth in each State plan subsequent to the initial State plan 

filed in 1989; and

    (ii) Describe how the assessment of accomplishments and the findings 

of program reviews and evaluations required by section 352 of the Act 

and Sec. 461.46 were considered in establishing the State's goals for 

adult education in the plan being submitted;

    (12) Describe the criteria the SEA will use in approving 

applications by eligible recipients and allocating funds made available 

under the Act to those recipients;

    (13) Describe the methods proposed for joint planning and 

coordination of programs carried out under the Act with programs 

conducted under applicable Federal and State programs, including the 

Carl D. Perkins Vocational and Applied Technology Education Act, the Job 

Training Partnership Act, the Rehabilitation Act of 1973, the 

Individuals with Disabilities Education Act, the Immigration Reform and 

Control Act of 1986, the Higher Education Act of 1965, and the Domestic 

Volunteer Service Act, to ensure maximum use of funds and to avoid 

duplication of services;

    (14) Describe the steps taken to utilize volunteers, particularly 

volunteers assigned to the Literacy Corps established under the Domestic 

Volunteer Service Act and volunteers trained in programs carried out 

under section 382 of the Act and 34 CFR part 476, but only to the extent 

that those volunteers supplement and do not supplant salaried employees;

    (15) Describe the measures to be taken to ensure that adult 

education programs, services, and activities under the Act will take 

into account the findings of program reviews and evaluations required by 

section 352 of the Act and Sec. 461.46;



    Cross-Reference: See Sec. 461.22. What criteria does the Secretary 

use in approving a State's description of efforts relating to program 

reviews and evaluation?





[[Page 126]]





    (16) Report the amount of administrative funds to be spent on 

program improvements;

    (17) Contain assurances that financial assistance provided under 

this part is used to assist and expand existing programs and to develop 

new programs for--

    (i) Adults whose lack of basic skills renders them unemployable;

    (ii) Adults whose lack of basic skills keeps them, whether employed 

or unemployed, from functioning independently in society; and

    (iii) Adults whose lack of basic skills severely reduces their 

ability to have a positive effect on the literacy of their children;

    (18) Describe the SEA's policies, procedures, and activities for 

carrying out special experimental demonstration projects and teacher 

training projects that meet the requirements of Sec. 461.33;

    (19) Describe the SEA's policies, procedures, and activities for 

carrying out corrections education and education for other 

institutionalized adults that meet the requirements of Sec. 461.32;

    (20) Describe the SEA's planned use of Federal funds for 

administrative costs under Sec. 461.40(a), including any planned 

expenditures for a State advisory council under Sec. 461.50.



    Note: An additional source of funding exists under section 356(g) of 

the Act and 34 CFR part 464, but need not be reported under this 

paragraph.





and

    (21) Include a summary of recommendations received and the SEA's 

responses to the recommendations made through the State plan development 

process required under Sec. 461.11(b).

    (b) Each State plan must provide assurance that public or private 

non-profit entities eligible under Sec. 461.30--local educational 

agencies, public or private nonprofit agencies, community-based 

organizations, correctional education agencies, postsecondary 

educational institutions, institutions that serve educationally 

disadvantaged adults, and any other institution that has the ability to 

provide literacy services to adults and families--will be provided 

direct and equitable access to all Federal funds provided under this 

part, including--

    (1) The right to submit applications directly to the SEA for those 

funds; and

    (2) Use by the SEA of a process for selecting recipients of those 

funds that gives each agency, institution, and organization a fair 

chance of receiving an award.

    (c) To be eligible to participate in the State-administered 

Workplace Literacy Program under section 371(b) of the Act, an SEA shall 

comply with the requirements in 34 CFR 462.10.

    (d) To be eligible to participate in the State-administered English 

Literacy Program under section 372(a) of the Act, an SEA shall comply 

with the requirements in 34 CFR 463.10.

    (e) In order for a State, or the local recipients within the State, 

to be eligible to apply for funds under the Adult Migrant Farmworker and 

Immigrant Education Program under section 381 of the Act and 34 CFR part 

475, an SEA shall describe the types of projects appropriate for meeting 

the educational needs of adult migrant farm workers and immigrants under 

section 381 of the Act.



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

1830-0026)



(Authority: 20 U.S.C. 1203a(a)(1); 1204; 1205(c); 1206a(a)(2), 

(b)(1)(B), (c), (d); 1208; 1211(b)(3)(A); 1211a(a)(2); and 1213(a))