[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: 34CFR461.31]



[Page 128-129]

 

                           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 D_How Does a State Make an Award to an Eligible Recipient?

 

Sec. 461.31  How does a State award funds?



    (a) In selecting local recipients, an SEA shall give preference to 

those local applicants that have demonstrated or can demonstrate a 

capability to recruit and serve educationally disadvantaged adults, 

particularly in areas with a high proportion of adults who do not have a 

certificate of graduation from a school providing secondary education or 

its equivalent.

    (b) An SEA shall award funds on the basis of applications submitted 

by eligible recipients.

    (c) In reviewing a local application, an SEA shall determine that 

the application contains the following:

    (1) A description of current programs, activities, and services 

receiving assistance from Federal, State, and local sources that provide 

adult education in the geographic area proposed to be served by the 

applicant.

    (2) A description of cooperative arrangements (including 

arrangements with business, industry, and volunteer literacy 

organizations as appropriate) that have been made to deliver services to 

adults.



[[Page 129]]



    (3) Assurances that the adult educational programs, services, or 

activities that the applicant proposes to provide are coordinated with 

and do not duplicate programs, services, or activities made available to 

adults under other Federal, State, and local programs, including the Job 

Training Partnership Act, the Carl D. Perkins Vocational and Applied 

Technology Education Act, the Rehabilitation Act of 1973, the 

Individuals with Disabilities Education Act, the Indian Education Act, 

the Higher Education Act of 1965, and the Domestic Volunteer Service 

Act.

    (4) The projected goals of the applicant with respect to participant 

recruitment, retention, and educational achievement and how the 

applicant will measure and report progress in meeting its goals.

    (5) Any other information the SEA considers necessary.

    (d) In determining which programs receive assistance, the SEA shall 

consider--

    (1) The past effectiveness of applicants in providing services 

(especially with respect to recruitment and retention of educationally 

disadvantaged adults and the learning gains demonstrated by those 

adults);

    (2) The degree to which the applicant will coordinate and utilize 

other literacy and social services available in the community; and

    (3) The commitment of the applicant to serve individuals in the 

community who are most in need of literacy services.

    (e) In reviewing a local application, an SEA may consider the extent 

to which the application--

    (1) Identifies the needs of the population proposed to be served by 

the applicant;

    (2) Proposes activities that are designed to reach educationally 

disadvantaged adults;

    (3) Describes a project that gives special emphasis to adult basic 

education;

    (4) Describes adequate outreach activities, such as--

    (i) Flexible schedules to accommodate the greatest number of adults 

who are educationally disadvantaged;

    (ii) Location of facilities offering programs that are convenient to 

large concentrations of the adult populations identified by the State in 

its four-year State plan or how the locations of facilities will be 

convenient to public transportation; and

    (iii) The availability of day care and transportation services to 

participants in the project;

    (5) Describes proposed programs, activities, and services that 

address the identified needs;

    (6) Describes the resources available to the applicant--other than 

Federal and State adult education funds--to meet those needs (for 

example, funds provided under the Job Training Partnership Act, the Carl 

D. Perkins Vocational and Applied Technology Education Act, the 

Rehabilitation Act of 1973, the Individuals with Disabilities Education 

Act, the Indian Education Act, the Higher Education Act of 1965, or the 

Domestic Volunteer Service Act, and local cash or in-kind 

contributions); and

    (7) Describes project objectives that can be accomplished within the 

amount of the applicant's budget request.

    (f) An SEA may not approve an application for a consortium that 

includes a for-profit agency, organization or institution unless the 

State has first determined that--

    (1) The for-profit entity can make a significant contribution to 

attaining the objectives of the Act; and

    (2) The public or private nonprofit agency, organization, or 

institution will enter into a contract with the for-profit agency, 

organization, or institution for the establishment or expansion of 

programs.

    (g) If an SEA awards funds to a consortium that includes a for-

profit agency, organization, or institution, the award must be made 

directly to the public or private nonprofit agency, organization, or 

institution that applies on behalf of the consortium.



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

1830-0501)



(Authority: 20 U.S.C. 1203a(a) and 1206a(c)(4))