Part A -
Further Analysis of Adult Education Title
Special Eligibility for Family Literacy Programs -
Local programs may not use funds to serve individuals who do not meet service criteria
(individuals who are at least 16 years of age; are not enrolled nor required to be
enrolled in secondary school under State law; and who lack sufficient mastery of basic
educational skills to enable the individuals to function effectively in society; or do not
have a secondary school diploma or its recognized equivalent, and have not achieved an
equivalent level of education; or are unable to speak, read, or write the English
language) unless those individuals are enrolled in a family literacy program.
Programs taking advantage of this exception are to attempt to secure funding for
activities not normally supportable from adult education funds via coordination with other
funding sources before expending adult education funds for these activities. §231
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Limitation on Local Administration - Not less than 95%
of local grants or contracts must be spent on carrying out adult education and literacy
activities (defined as (1) Adult education and literacy services - including workplace
literacy services, (2) Family literacy services, and (3) English literacy programs). The
remaining amount, not to exceed 5%, can be used for planning, administration, personnel
development, and interagency coordination. This limitation is followed by a special
rule which allows an eligible agency to negotiate a higher percentage if 5% is too
restrictive to allow for adequate planning, administration, personnel development, and
interagency coordination. §233
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Reporting by Eligible Agency - Each eligible agency
receiving a grant must annually prepare and submit to the Secretary of Education a report
on the progress of the eligible agency in achieving eligible agency performance measures
including information on the levels of performance achieved by the eligible agency with
respect to the core indicators of performance. The Secretary must make this information
available to the general public and to the appropriate Congressional committees, and must
disseminate a State-by-State comparison. §212
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Eligible Provider - is defined as (A) a local education
agency; (B) a community-based organization of demonstrated effectiveness,; (C) a volunteer
literacy organization of demonstrated effectiveness; (D) an institution of higher
education; (E) a public or private nonprofit agency; (F) a library ; (G) a public housing
authority; (H) a nonprofit institution that is not described above but has the ability to
provide literacy services; and (I) a consortium of any of the above. There is no reference
to eligibility of for-profit agencies. §203
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Family Literacy Services - means services that are
of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable
changes in a family, and that integrate all of the following activities: (A)
Interactive literacy activities between parents and their children. (B) Training for
parents regarding how to be the primary teacher for their children and full partners in
the education of their children. (C) Parent literacy training that leads to economic self-
sufficiency. (D) An age-appropriate education to prepare children for success in school
and life experiences. §231
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Workplace Literacy Services - means literacy
services that are offered for the purpose of improving the productivity of the workforce
through the improvement of literacy skills §203.
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Selection of Eligible Provider Agencies
- " (e) Considerations.--In awarding grants or contracts under this section, the
eligible agency shall consider-- (1) the degree to which the eligible provider will
establish measurable goals for participant outcomes; (2) the past effectiveness of an
eligible provider in improving the literacy skills of adults and families, and, after the
1-year period beginning with the adoption of an eligible agency's performance measures
under section 212, the success of an eligible provider receiving funding under this
subtitle in meeting or exceeding such performance measures, especially with respect to
those adults with the lowest levels of literacy; (3) the commitment of the eligible
provider to serve individuals in the community who are most in need of literacy services,
including individuals who are low-income or have minimal literacy skills; (4) whether or
not the program-- (A) is of sufficient intensity and duration for participants to achieve
substantial learning gains; and (B) uses instructional practices, such as phonemic
awareness, systematic phonics, fluency, and reading comprehension that research has proven
to be effective in teaching individuals to read; (5) whether the activities are built on a
strong foundation of research and effective educational practice; (6) whether the
activities effectively employ advances in technology, as appropriate, including the use of
computers; (7) whether the activities provide learning in real life contexts to ensure
that an individual has the skills needed to compete in the workplace and exercise the
rights and responsibilities of citizenship; (8) whether the activities are staffed by
well-trained instructors, counselors, and administrators; (9) whether the activities
coordinate with other available resources in the community, such as by establishing strong
links with elementary schools and secondary schools, postsecondary educational
institutions, one-stop centers, job training programs, and social service agencies; (10)
whether 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; (11) whether the
activities maintain a high-quality information management system that has the capacity to
report participant outcomes and to monitor program performance against the eligible agency
performance measures; and (12) whether the local communities have a demonstrated need for
additional English literacy programs." §231
Implicit in these provisions appear to be a need for new applicants to
be able to prove that they have operated literacy programs in the past (or at least that
they have attracted a staff that has done so), and for eligible agencies to have operating
definitions of "lowest levels of literacy", most in need of literacy
services", and "sufficient duration and intensity". If
"intensity" is defined simply as hours per week of instruction, volunteer
programs might be at a disadvantage unless supplementing group instruction offering
additional hours of instruction. If "intensity" takes into consideration
student-teacher ratio as well as hours per week of instruction, this could act as a
compensating factor for stand-alone volunteer programs.
Eligible agencies will also have to have a handle on how to determine if local
applicants' curricula and instructional practices are based on sound research and how well
applicant programs are (or can be) connected to the applicable one-stop system.
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Part B -
Material From Other Titles That May Be
Relevant To Adult Education
Overall Structure - After Federal reservations funds
flow from the Secretary of Labor to States which must establish local service areas
similar to the present JTPA set-up. After State reservations of funds, the balance of the
funding flows to the local service areas which must operate programs and services through
one-stop systems. §various.
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Incentive Grants - Beginning on July 1,
2000, the Secretary (of Labor) shall award a grant to each State that exceeds the State
adjusted levels of performance for title I, the expected levels of performance for
title II," (the Adult Education title) "and the levels of performance for
programs under Public Law 88-210" [which is Perkins Voc. Ed] "(as[[Page
H6684]] amended; 20 U.S.C. 2301 et seq.), for the purpose of carrying out an innovative
program consistent with the requirements of any 1 or more of the programs within title I, title
II, or such Public Law, respectively. (b) Application.-- (1) In general.--The
Secretary may provide a grant to a State under subsection (a) only if the State submits an
application to the Secretary for the grant that meets the requirements of paragraph (2).
(2) Requirements.--The Secretary may review an application described in paragraph (1) only
to ensure that the application contains the following assurances: (A) The legislature of
the State was consulted with respect to the development of the application. (B) The
application was approved by the Governor, the eligible agency (as defined in section
203), and the State agency responsible for programs established under Public Law
88-210 (as amended; 20 U.S.C. 2301 et seq.). (C) The State and the eligible agency,
as appropriate, exceeded the State adjusted levels of performance for title I, the
expected levels of performance for title II, and the levels of performance for
programs under Public Law 88-210 (as amended; 20 U.S.C. 2301 et seq.). (c) Amount.-- (1)
Minimum and maximum grant amounts.--Subject to paragraph (2), a grant provided to a State
under subsection (a) shall be awarded in an amount that is not less than $750,000 and not
more than $3,000,000. (2) Proportionate reduction.--If the amount available for grants
under this section for a fiscal year is insufficient to award a grant to each State or
eligible agency that is eligible for a grant, the Secretary shall reduce the minimum and
maximum grant amount by a uniform percentage. §503
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Determining Definitions for Indicators of
Performance -"In order to ensure nationwide comparability of performance
data, the Secretary of Labor and the Secretary of Education, after consultation with the
representatives described in subsection (b), shall issue definitions for indicators of
performance and levels of performance established under titles I and II. (b)
Representatives.--The representatives referred to in subsection (a) are representatives of
States (as defined in section 101) and political subdivisions, business and industry,
employees, eligible providers of employment and training activities (as defined in section
101), educators, participants in activities carried out under this Act, State Directors
of adult education, providers of adult education, providers of literacy services,
individuals with expertise in serving the employment and training needs of eligible youth
(as defined in section 101), parents, and other interested parties, with expertise
regarding activities authorized under this Act." §502
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Drug Testing - Only applies to the Workforce titles
of the bill. This feature has been downgraded because of a limitation on the type of funds
that can be used for drug testing. Only State administrative funds for the Workforce
titles may be used for this purpose, i.e. Governors' money. §181
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Basic Skills Deficient - This term appears several
times in eligibility requirements for workforce programs. "The term ``basic skills
deficient'' means, with respect to an individual, that the individual has English reading,
writing, or computing skills at or below the 8th grade level on a generally accepted
standardized test or a comparable score on a criterion- referenced test." §101
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State Plan for Workforce Titles - Title II of the Act
(the Adult Education and Family Literacy title) is mentioned as a required component the
Workforce plan, even though it may be separately developed and approved by the eligible
agency. The Workforce State plan must also include postsecondary Perkins Vocational
Education activities. §112
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Authorized Training Services which can be Paid for
from WIA Title I Dollars -"Training services may include-- (i) occupational
skills training, including training for nontraditional employment; (ii) on-the-job
training; (iii) programs that combine workplace training with related instruction, which
may include cooperative education programs; (iv) training programs operated by the private
sector; (v) skill upgrading and retraining; (vi) entrepreneurial training; (vii) job
readiness training; (viii) adult education and literacy activities provided in
combination with services described in any of clauses (i) through (vii); and (ix)
customized training conducted with a commitment by an employer or group of employers to
employ an individual upon successful completion of the training." §134
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Establishment of One-Stop Delivery Systems -
"Consistent with the Title I State plan, the local board for a local area, with the
agreement of the chief elected official for the local area, shall-- (1) develop and enter
into the memorandum of understanding described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under subsection (d); and (3) conduct
oversight with respect to the one-stop delivery system in the local area. (b) One-Stop
Partners.-- (1) Required partners.-- (A) In general.--Each entity that carries out a
program or activities described in subparagraph (B) shall-- (i) make available to
participants, through a one-stop delivery system, the services described in section
134(d)(2) that are applicable to such program or activities; and (ii) participate in the
operation of such system consistent with the terms of the memorandum described in
subsection (c), and with the requirements of the Federal law in which the program or
activities are authorized. (B) Programs and activities.--The programs and activities
referred to in subparagraph (A) consist of-- (i) programs authorized under this title;
(ii) programs authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.); (iii)
adult education and literacy activities authorized under title II; (iv) programs
authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.); (v)
programs authorized under section 403(a)(5) of the Social Security Act (42 U.S.C.
603(a)(5)) (as added by section 5001 of the Balanced Budget Act of 1997); (vi) activities
authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.);
(vii) postsecondary vocational education activities authorized under the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.); (viii)
activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271
et seq.); (ix) activities authorized under chapter 41 of title 38, United States Code; (x)
employment and training activities carried out under the Community Services Block Grant
Act (42 U.S.C. 9901 et seq.); (xi) employment and training activities carried out by the
Department of Housing and Urban Development; and (xii) programs authorized under State
unemployment compensation laws (in accordance with applicable Federal law)." (As
you can see from the above quote, Title II - Adult Education and Literacy Programs - are
required partners in one-stops.)
One stops are established via memoranda of understanding. "The local board, with
the agreement of the chief elected official, shall develop and enter into a memorandum of
understanding (between the local board and the one-stop partners), consistent with
paragraph (2), concerning the operation of the one-stop delivery system in the local area.
(2) Contents.--Each memorandum of understanding shall contain-- (A) provisions
describing-- (i) the services to be provided through the one-stop delivery system; (ii)
how the costs of such services and the operating costs of the system will be funded; (iii)
methods for referral of individuals between the one- stop operator and the one-stop
partners, for the appropriate services and activities; and (iv) the duration of the
memorandum and the procedures for amending the memorandum during the term of the
memorandum; and (B) such other provisions, consistent with the requirements of this title,
as the parties to the agreement determine to be appropriate."
There are also One-Stop "Operators". "(d) One-Stop Operators… the
local board, with the agreement of the chief elected official, is authorized to designate
or certify one-stop operators and to terminate for cause the eligibility of such
operators. (2) Eligibility.--To be eligible to receive funds made available under this
subtitle to operate a one-stop center referred to in section 134(c), an entity (which may
be a consortium of entities)-- (A) shall be designated or certified as a one-stop
operator-- (i) through a competitive process; or (ii) in accordance with an agreement
reached between the local board and a consortium of entities that, at a minimum, includes
3 or more of the one-stop partners described in subsection (b)(1); and (B) may be a public
or private entity, or consortium of entities, of demonstrated effectiveness, located in
the local area, which may include-- (i) a postsecondary educational institution; (ii) an
employment service agency established under the Wagner-Peyser Act (29 U.S.C. 49 et seq.),
on behalf of the local office of the agency; (iii) a private, nonprofit organization
(including a community-based organization); (iv) a private for-profit entity; (v) a
government agency; and (vi) another interested organization or entity, which may include a
local chamber of commerce or other business organization. (3) Exception.--Elementary
schools and secondary schools shall not be eligible for designation or certification as
one-stop operators, except that nontraditional public secondary schools and area
vocational education schools shall be eligible for such designation or
certification."
One-stops provide a number of services." These services are divided into
three categories. (1) Core services… which shall be available
to individuals who are adults or dislocated workers through the one-stop delivery system
and shall, at a minimum, include-- (A) determinations of whether the individuals are
eligible to receive assistance under this subtitle; (B) outreach, intake (which may
include worker profiling), and orientation to the information and other services available
through the one-stop delivery system; (C) initial assessment of skill levels, aptitudes,
abilities, and supportive service needs; (D) job search and placement assistance, and
where appropriate, career counseling; (E) provision of employment statistics information,
including the provision of accurate information relating to local, regional, and national
labor market areas, including-- (i) job vacancy listings in such labor market areas; (ii)
information on job skills necessary to obtain the jobs described in clause (i); and (iii)
information relating to local occupations in demand and the earnings and skill
requirements for such occupations; and (F) provision of performance information and
program cost information on eligible providers of training services as described in
section 122, provided by program, and eligible providers of youth activities described in
section 123, providers of adult education described in title II, providers of
postsecondary vocational education activities and vocational education activities
available to school dropouts under the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), and providers of vocational rehabilitation program
activities described in title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(G) provision of information regarding how the local area is performing on the local
performance measures and any additional performance information with respect to the one-
stop delivery system in the local area; (H) provision of accurate information relating to
the availability of supportive services, including child care and transportation,
available in the local area, and referral to such services, as appropriate; (I) provision
of information regarding filing claims for unemployment compensation; (J) assistance in
establishing eligibility for-- (i) welfare-to-work activities authorized under section
403(a)(5) of the Social Security Act (as added by section 5001 of the Balanced Budget Act
of 1997) available in the local area; and (ii) programs of financial aid assistance for
training and education programs that are not funded under this Act and are available in
the local area; and (K) followup services, including counseling regarding the workplace,
for participants in workforce investment activities authorized under this subtitle who are
placed in unsubsidized employment, for not less than 12 months after the first day of the
employment, as appropriate. (2) Intensive services.-- (A) In
general.--Funds allocated to a local area for adults under paragraph (2)(A) or (3), as
appropriate, of section 133(b), and funds allocated to the local area for dislocated
workers under section 133(b)(2)(B), shall be used to provide intensive services to adults
and dislocated workers, respectively-- (i)(I) who are unemployed and are unable to obtain
employment through core services provided under paragraph (2); and (II) who have been
determined by a one-stop operator to be in need of more intensive services in order to
obtain employment; or (ii) who are employed, but who are determined by a one-stop operator
to be in need of such intensive services in order to obtain or retain employment that
allows for self-sufficiency. (B) Delivery of services.--Such intensive services shall be
provided through the one-stop delivery system-- (i) directly through one-stop operators
identified pursuant to section 121(d); or (ii) through contracts with service providers,
which may include contracts with public, private for-profit, and private nonprofit service
providers, approved by the local board. (C) Types of services.--Such intensive services
may include the following: (i) Comprehensive and specialized assessments of the skill
levels and service needs of adults and dislocated workers, which may include-- (I)
diagnostic testing and use of other assessment tools; and (II) in-depth interviewing and
evaluation to identify employment barriers and appropriate employment goals. (ii)
Development of an individual employment plan, to identify the employment goals,
appropriate achievement objectives, and appropriate combination of services for the
participant to achieve the employment goals. (iii) Group counseling. (iv) Individual
counseling and career planning. (v) Case management for participants seeking training
services under paragraph (4). (vi) Short-term prevocational services, including
development of learning skills, communication skills, interviewing skills, punctuality,
personal maintenance skills, and professional conduct, to prepare individuals for
unsubsidized employment or training. (3) Training services.-- (A)
In general.--Funds allocated to a local area for adults …shall be used to provide
training services to adults and dislocated workers, respectively-- (i) who have met the
eligibility requirements for intensive services under paragraph (3)(A) and who are unable
to obtain or retain employment through such services; (ii) who after an interview,
evaluation, or assessment, and case management, have been determined by a one-stop
operator or one-stop partner, as appropriate, to be in need of training services and to
have the skills and qualifications to successfully participate in the selected program of
training services; (iii) who select programs of training services that are directly linked
to the employment opportunities in the local area involved or in another area in which the
adults or dislocated workers receiving such services are willing to relocate; (iv) who
meet the requirements of subparagraph (B); and (v) who are determined to be eligible in
accordance with the priority system, if any, in effect under subparagraph (E)."
(public assistance and other low income individuals])
Minimum requirements for one-stops are: "…(A) shall make each of the
programs, services, and activities described in paragraph (1) (the core services and
access to intensive services for those unable to employed via the core services,
e.g..training, ) accessible at not less than 1 physical center in each local area of
the State; and (B) may also make programs, services, and activities described in paragraph
(1) available-- (i) through a network of affiliated sites that can provide 1 or more of
the programs, services, and activities to individuals; and (ii) through a network of
eligible one-stop partners-- (I) in which each partner provides 1 or more of the programs,
services, and activities to such individuals and is accessible at an affiliated site that
consists of a physical location or an electronically or technologically linked access
point; and (II) that assures individuals that information on the availability of the core
services will be available regardless of where the individuals initially enter the
statewide workforce investment system… (3) Specialized centers.--The centers and
sites described in paragraph (2) may have a specialization in addressing special needs,
such as the needs of dislocated workers." §134 & 121
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Eligible Title I Training Providers -
Postsecondary agencies eligible to receive HEA Title IV funds and apprenticeship programs
are automatically eligible. Other providers must submit applications to the local board.
Such applicants must agree to submit performance information and meet performance
standards. §122
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Core Indicators of Performance - The core
indicators of performance for employment and training activities authorized under section
134 (except for self-service and informational activities) and (for participants who are
eligible youth age 19 through 21) for youth activities authorized under section 129 shall
consist of-- (I) entry into unsubsidized employment; (II) retention in unsubsidized
employment 6 months after entry into the employment; (III) earnings received in
unsubsidized employment 6 months after entry into the employment; and (IV) attainment
of a recognized credential relating to achievement of educational skills, which may
include attainment of a secondary school diploma or its recognized equivalent, or
occupational skills, by participants who enter unsubsidized employment, or by participants
who are eligible youth age 19 through 21 who enter postsecondary education, advanced
training, or unsubsidized employment. (ii) Core indicators for eligible youth.--The
core indicators of performance (for participants who are eligible youth age 14 through 18)
for youth activities authorized under section 129, shall include-- (I) attainment of basic
skills and, as appropriate, work readiness or occupational skills; (II) attainment of
secondary school diplomas and their recognized equivalents; and (III) placement and
retention in postsecondary education or advanced training, or placement and retention in
military service, employment, or qualified apprenticeships. (B) Customer satisfaction
indicators.--The customer satisfaction indicator of performance shall consist of customer
satisfaction of employers and participants with services received from the workforce
investment activities authorized under this subtitle. Customer satisfaction may be
measured through surveys conducted after the conclusion of participation in the workforce
investment activities. (C) Additional indicators.--A State may identify in the State plan
additional indicators for workforce investment activities authorized under this subtitle.
§136
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Title I Individual Training Accounts -
"In general.--Except as provided in clause (ii), training services provided under
this paragraph shall be provided through the use of individual training accounts in
accordance with this paragraph, and shall be provided to eligible individuals through the
one-stop delivery system. (ii) Exceptions.--Training services authorized under this
paragraph may be provided pursuant to a contract for services in lieu of an individual
training account if the requirements of subparagraph (F) are met and if-- (I) such
services are on-the-job training provided by an employer or customized training; (II) the
local board determines there are an insufficient number of eligible providers of training
services in the local area involved (such as in a rural area) to accomplish the purposes
of a system of individual training accounts; or (III) the local board determines that
there is a training services program of demonstrated effectiveness offered in the local
area by a community-based organization or another private organization to serve special
participant populations that face multiple barriers to employment." §134
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Pell First Requirement - Except as provided in clause
(ii), provision of such training services shall be limited to individuals who-- (I) are
unable to obtain other grant assistance for such services, including Federal Pell Grants
established under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
or (II) require assistance beyond the assistance made available under other grant
assistance programs, including Federal Pell Grants. (ii) Reimbursements.--Training
services may be provided under this paragraph to an individual who otherwise meets the
requirements of this paragraph while an application for a Federal Pell Grant is pending,
except that if such individual is subsequently awarded a Federal Pell Grant, appropriate
reimbursement shall be made to the local area from such Federal Pell Grant." §134
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Sanctions for Failure To Meet State Title I Performance
Measures.- "(1) States.-- (A) Technical assistance.--If a State fails to meet
State adjusted levels of performance relating to indicators described in subparagraph (A)
or (B) of subsection (b)(2) for a program for any program year, the Secretary shall, upon
request, provide technical assistance in accordance with section 170, including assistance
in the development of a performance improvement plan. (B) Reduction in amount of
grant.--If such failure continues for a second consecutive year, or if a State fails to
submit a report under subsection (d) for any program year, the Secretary may reduce by not
more than 5 percent, the amount of the grant that would (in the absence of this paragraph)
be payable to the State under such program for the immediately succeeding program year.
Such penalty shall be based on the degree of failure to meet State adjusted levels of
performance. (2) Funds resulting from reduced allotments.--The Secretary shall use an
amount retained, as a result of a reduction in an allotment to a State made under
paragraph (1)(B), to provide incentive grants under section 503.
(h) Sanctions for Local Area Failure To Meet Local Performance Measures.-- (1)
Technical assistance.--If a local area fails to meet levels of performance relating to
indicators described in subparagraph (A) or (B) of subsection (b)(2) for a program for any
program year, the Governor, or upon request by the Governor, the Secretary, shall provide
technical assistance, which may include assistance in the development of a performance
improvement plan, or the development of a modified local plan.[[Page H6622]] (2)
Corrective actions.-- (A) In general.--If such failure continues for a second consecutive
year, the Governor shall take corrective actions, which may include development of a
reorganization plan through which the Governor may-- (i) require the appointment and
certification of a new local board (consistent with the criteria established under section
117(b)); (ii) prohibit the use of eligible providers and one-stop partners identified as
achieving a poor level of performance; or (iii) take such other actions as the Governor
determines are appropriate. (B) Appeal by local area.-- (i) Appeal to governor.--A local
area that is subject to a reorganization plan under subparagraph (A) may, not later than
30 days after receiving notice of the reorganization plan, appeal to the Governor to
rescind or revise such plan. In such case, the Governor shall make a final decision not
later then 30 days after the receipt of the appeal. (ii) Subsequent action.--The local
area may, not later than 30 days after receiving a decision from the Governor pursuant to
clause (i), appeal such decision to the Secretary. In such case, the Secretary shall make
a final decision not later than 30 days after the receipt of the appeal. (C) Effective
date.--The decision made by the Governor under clause (i) of subparagraph (B) shall become
effective at the time the Governor issues the decision pursuant to such clause. Such
decision shall remain effective unless the Secretary rescinds or revises such plan
pursuant to clause (ii) of subparagraph (B)." There is no parallel language in
Title II with respect to sanctions. §136
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