[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: 34CFR489.3]



[Page 149-150]

 

                           TITLE 34--EDUCATION

 

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

                                EDUCATION

 

PART 489_FUNCTIONAL LITERACY FOR STATE AND LOCAL PRISONERS PROGRAM

--Table of Contents

 

                            Subpart A_General

 

Sec. 489.3  What activities may the Secretary fund?



    (a) To qualify for funding under Sec. 489.1, a functional literacy 

program must--

    (1) To the extent possible, make use of advanced technologies, such 

as interactive video- and computer-based adult literacy learning: and

    (2) Include--

    (i) A requirement that each person incarcerated in the system, 

prison, jail, or detention center who is not functionally literate, 

except a person described in paragraph (b) of this section, shall 

participate in the program until the person--

    (A) Achieves functional literacy, or in the case of an individual 

with a disability, achieves a level of functional literacy commensurate 

with his or her ability;

    (B) Is granted parole;

    (C) Completes his or her sentence; or

    (D) Is released pursuant to court order; and



[[Page 150]]



    (ii) A prohibition on granting parole to any person described in 

paragraph (a)(2)(i) of this section who refuses to participate in the 

program, unless the State parole board determines that the prohibition 

should be waived in a particular case; and

    (iii) Adequate opportunities for appropriate education services and 

the screening and testing of all inmates for functional literacy and 

disabilities affecting functional literacy, including learning 

disabilities, upon arrival in the system or at the prison, jail, or 

detention center.

    (b) The requirement of paragraph (a)(2)(i) does not apply to a 

person who--

    (1) Is serving a life sentence without possibility of parole;

    (2) Is terminally ill; or

    (3) Is under a sentence of death.



(Authority: 20 U.S.C. 1211-2(b))