AMENDMENT TO ADULT EDUCATION ACT.

SEC. 2102. AMENDMENT TO ADULT EDUCATION ACT. Title III of the Elementary and Secondary Education Amendments of 1966 is amended to read as follows: “TITLE III—ADULT EDUCATION PROGRAMS “SEC. 301. SHORT TITLE. “This title may be cited as the ‘Adult Education Act’. “PART A—BASIC PROGRAM PROVISIONS “SEC. 311. STATEMENT OF PURPOSE. “It is the purpose of this title to assist the States to improve educational opportunities for adults who lack the level of literacy skills requisite to effective citizenship and productive employment, to expand and improve the current system for delivering adult education services including delivery of such services to education-ally disadvantaged adults, and to encourage the establishment of adult education programs that will— “(1) enable these adults to acquire the basic educational skills necessary for literate functioning; “(2) provide these adults with sufficient basic education to enable them to benefit from job training and retraining programs and obtain and retain productive employment so that they might more fully enjoy the benefits and responsibilities of citizenship; and “(3) enable adults who so desire to continue their education to at least the level of completion of secondary school. “SEC. 312. DEFINITIONS. “As used in this title— “(1) The term ‘adult’ means an individual who has attained 16 years of age or who is beyond the age of compulsory school attendance under State law, except that for the purpose of section 313(b), the term ‘adult’ means an individual 16 years of age or older. “(2) The term ‘adult education’ means services or instruction below the college level for adults— “(A) who are not enrolled in secondary school; “(B) who lack sufficient mastery of basic educational skills to enable them to function effectively in society or who do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education; “(C) who are not currently required to be enrolled in school; and “(D) whose lack of mastery of basic skills results in an inability to speak, read, or write the English language 102 STAT. 303which constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, and thus are in need of programs to help eliminate such inability and raise the level of education of such individuals with a view to making them less likely to become dependent on others. “(3) The term ‘educationally disadvantaged adult’ means an adult who— “(A) demonstrates basic skills equivalent to or below that of students at the fifth grade level; or “(B) has been placed in the lowest or beginning level of an adult education program when that program does not use grade level equivalencies as a measure of students’ basic skills. “(4) The term ‘community school program’ is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community which the center serves in accordance with the needs, interest, and concerns of that community. “(5) The term ‘local educational agency’ means a public board of education or other public authority legally constituted within a State for either administrative control or direction of public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools, except that, if there is a separate board or other legally constituted local authority having administrative control and direction of adult education in public schools therein, such term means such other board or authority. “(6) The term ‘Secretary’ means the Secretary of Education. “(7) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and except for the purposes of section 313, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands. “(8) The term ‘State educational agency’ means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is a separate State agency or officer primarily responsible for supervision of adult education in public schools, then such agency or officer may be designated for the purpose of this title by the Governor or by State law. If no agency or officer qualifies under the preceding sentence, such term shall mean an appropriate agency or officer designated for the purposes of this title by the Governor. “(9) The term ‘academic education’ means the theoretical, the liberal, the speculative, and classical subject matter found to compose the curriculum of the public secondary school. “(10) The term ‘institution of higher education’ means any such institution as defined by section 481 of the Higher Education Act of 1965. 102 STAT. 304 “(11) The term ‘individual of limited English proficiency’ means an adult or out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language and— “(A) whose native language is a language other than English; or “(B) who lives in a family or community environment where a language other than English is the dominant language. “(12) The term ‘out-of-school youth’ means an individual who is under 16 years of age and beyond the age of compulsory school attendance under State law who has not completed high school or the equivalent. “(13) The term ‘English literacy program’ means a program of instruction designed to help limited English proficient adults, out-of-school youths, or both, achieve lull competence in, the English language. “(14) The term ‘community-based organization’ means a private nonprofit organization which is representative of a community or significant segments of a community and which provides education, vocational education or rehabilitation, job training, or internship services and programs and includes neighborhood groups and organizations, community action agencies, community development corporations, union-related organizations, employer-related organizations, tribal governments, and organizations serving Native Alaskans and Indians. “(15) The term ‘private industry council’ means the private industry council established under section 102 of the Job Training Partnership Act. “SEC. 313. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS. “(a) Authorization of Appropriations.—There are authorized to be appropriated $200,000,000 for fiscal year 1989 and such sums as may be necessary for each succeeding fiscal year through fiscal year 1993 to carry out the provisions of this title (other than sections 371 and 372). “(b) Allotment.—From the sums available for the purposes of section 311 for any fiscal year, the Secretary shall allot (1) $100,000 each to Guam, American Samoa, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands, and (2) $250,000 to each of the other States. From the remainder of such sums the Secretary shall allot to each State an amount which bears the same ratio to such remainder as the number of adults who do not have a certificate of graduation from a school providing secondary education (or its equivalent) and who are not currently required to be enrolled in schools of such State bears to the number of such adults in all States. “(c) Reallotment.—The portion of any State’s allotment under subsection (b) for a fiscal year which the Secretary determines will not be required for the period such allotment is available for carrying out the State plan approved under this title shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other States in proportion to the original allotments to such States under subsection (b) for such year, but with such proportionate amount for any of such other State being reduced to the extent it exceeds the sum which the Secretary estimates such State needs and will be able to use for such period for carrying out its State plan approved under this title, and the total of such reductions shall be similarly reallotted among the States whose 102 STAT. 305proportionate amounts are not so reduced. Any amount allotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (b) for such year. “(d) Reservation of Funds for National Programs.—For any fiscal year, if the amount appropriated to carry out the purposes of this title exceeds $108,000,000, not more than $3,000,000 of such amount shall be reserved to carry out the programs described in part D, relating to national programs. “PART B—STATE PROGRAMS “Subpart 1—Basic State Grants “SEC. 321. BASIC GRANTS. “From the sums allotted to States for this subpart pursuant to section 313, the Secretary is authorized to make grants to States to assist them in funding adult education programs, services, and activities carried out by eligible recipients to achieve the purposes of this title. “SEC. 322. USE OF FUNDS: LOCAL APPLICATIONS. “(a) Use of Funds.— “(1) Grants to States under this subpart shall be used in accordance with State plans (and amendments thereto) approved under sections 341 and 351, to pay the Federal share of the cost of the establishment or expansion of adult education programs to be carried out by local educational agencies and by public or private nonprofit agencies, organizations, and institutions. Grants provided under this section to States to carry out the programs described in the preceding sentence may be carried out by public or private nonprofit agencies, organizations, and institutions only if the applicable local educational agency has been consulted with and has had an opportunity to comment on the application of such agency, organization, or institution. The comments of the local educational agency, and responses thereto, shall be attached to the application when it is forwarded to the State. “(2) Grants to States provided under this section may also be used to carry out programs by a consortium which includes a for-profit agency, organization, or institution if such agency, organization, or institution can make a significant contribution to attaining the objectives of this Act. Whenever the establishment or expansion of programs includes a for-profit agency, organization, or institution, as part of a consortium, a contract with such agency, organization, or institution, for the establishment or expansion of such programs shall be entered into by the public or private nonprofit agency, institution, or organization. “(3) The State educational agency shall not approve any application unless evidence that any consultation required by paragraph (1) has taken place is provided. Such application shall contain such information as the State educational agency considers necessary, including a description of current programs, activities, and services receiving assistance from Federal, State, and local sources; cooperative arrangements (including arrangements with business, industry, and volunteer literacy organizations as appropriate) that have been made to deliver services to adults as well as assurances that adult 102 STAT. 306educational programs, services, or activities provided under this title are coordinated with and not duplicative of services, programs, or activities made available to adults under other Federal, State, and local programs, including the Job Training Partnership Act, the Carl D. Perkins Vocational Education Act, the Rehabilitation Act of 1973, the Education of the Handicapped Act, the Indian Education Act, the Higher Education Act of 1965, and the Domestic Volunteer Service Act. “(4)(A) The State educational agency shall give preference to those applicants who have demonstrated or can demonstrate a capability to recruit and serve educationally disadvantaged adults. “(B) The provisions of subparagraph (A) shall apply in any fiscal year in which the amount appropriated for basic State grants under this subpart exceeds the amounts available for such grants in fiscal year 1988. “(b) Limitations On Use of Funds.— “(1) Not less than 10 percent of the funds paid to a State under subsection (a) shall be used for corrections education and education for other institutionalized individuals in accordance with subpart 2. “(2) Not more than 20 percent of a State’s allotment shall be used for programs of equivalency for a certificate of graduation from a secondary school. “SEC. 323. LOCAL ADMINISTRATIVE COST LIMITS. “(a) Of the funds provided by the State agency to eligible recipients, at least 95 percent must be expended for provision of adult education instructional activities. The remainder shall be used for planning, administration, personnel development, and interagency coordination. “(b) In cases where the administrative cost limits under subsection (a) would be insufficient for adequate planning, administration, evaluation, and coordination of programs supported under this Act, the State agency shall negotiate with the local grant recipient in order to determine an adequate level of funds to be used for noninstructional purposes. “Subpart 2—Programs for Corrections Education and Education for Other Institutionalized Individuals “SEC. 326. PROGRAM AUTHORIZED. “Funds set aside under section 322(b)(1) by a State shall be used for the cost of educational programs for criminal offenders in corrections institutions and for other institutionalized individuals, including— “(1) academic programs for— “(A) basic education with special emphasis on reading, writing, vocabulary, and arithmetic; “(B) special education programs as defined by State law; “(C) bilingual or English as a second language programs; and “(D) secondary school credit programs; “(2) vocational training programs; “(3) library development and library service programs; “(4) corrections education programs, training for teacher personnel specializing in corrections education, particularly 102 STAT. 307courses in social education, basic skills instruction, and abnormal psychology; “(5) guidance and counseling programs; “(6) supportive services for criminal offenders, with special emphasis on the coordination of educational services with agencies furnishing services to criminal offenders after their release; and “(7) cooperative programs with educational institutions, community-based organizations of demonstrated effectiveness, and the private sector, designed to provide education and training. “(b) As used in this section, the term— “(1) ‘criminal offender’ means any individual who is charged with or convicted of any criminal offense; and “(2) ‘correctional institution’ means any— “(A) prison, “(B) jail, “(C) reformatory, “(D) work farm, “(E) detention center, or “(F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. “Subpart 3—State Administrative Responsibilities “SEC. 331. STATE ADMINISTRATION. “(a) State Agency Responsibilities.—Any State desiring to participate in the programs authorized by this title shall designate the State educational agency to be the sole State agency responsible for the administration and supervision of such programs. The responsibilities of the State agency shall include— “(1) the development, submission, and implementation of the State application and plan and any amendments thereto (pursuant to sections 342 and 351), and the State evaluation (pursuant to section 352); “(2) consultation with the State advisory council established pursuant to section 332, and other appropriate agencies, groups, and individuals involved in the planning, administration, evaluation, and coordination of programs funded under this title; and “(3) the assignment of such personnel as may be necessary for State administration of programs under this title. “(b) State Imposed Requirements —Whenever any State imposes any rule or policy relating to the administration and operation of programs funded by this title (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) the rule or policy shall be identified as a State imposed requirement. “(c) Limitation on State Administrative Costs.—Effective for fiscal years beginning after September 30, 1990, a State educational agency may use no more than 5 percent of the State’s grant or $50,000, whichever is greater, to pay the cost of its administration of the State’s program. “SEC. 332. STATE ADVISORY COUNCIL ON ADULT EDUCATION. “(a) Requirement.—(1) Any State may designate a body, or establish a new body if there is no suitable existing body, to act as a State 102 STAT. 308advisory council on adult education, appointed by the Governor. The membership of the State advisory council shall be broadly representative of citizens and groups within the State having an interest in adult education, and shall consist of representatives of public education; private and public sector employment; recognized State labor organizations; private, voluntary, or community literacy organizations; libraries; and State economic development agencies. “(2) A State which elects to designate or establish a State advisory council available for this subsection may use funds under this subpart for the purposes of this subsection. “(b) Representation on Council.—The State shall ensure that there is appropriate representation on the State advisory council of urban as well as rural areas, of women, persons with handicaps, and racial and ethnic minorities. “(c) Certification.—The State shall certify the establishment and membership of the State advisory council to the Secretary prior to the beginning of any fiscal year in which the State desires to receive a grant under this title. “(d) Procedures.—Members of the State advisory council shall, using procedures agreed upon, elect their own chairperson. The State advisory council shall determine its own procedures, staffing needs (subject to funding levels authorized by the Governor), and the number, time, place, and conduct of meetings, except that it shall hold at least 1 public meeting each year at which the general public is given an opportunity to express views concerning adult education programs in the State. In approving the plan for the evaluations under subsection (f)(3)(A), the council shall ensure that persons knowledgeable of the daily operation of adult education programs are involved. “(e) Terms.—Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Any vacancy in the membership of the council shall be filled in the same manner as the original appointment. Any member of the council may be removed for cause in accordance with procedures established by the council. “(f) Duties.—Each State advisory council shall— “(1) meet with the State agency or its representatives during the planning year to advise on the development of the State plan; “(2) advise the State agency concerning— “(A) policies the State should pursue to strengthen adult education; and “(B) initiatives and methods the private sector could undertake to assist the State’s improvement of adult education programs; and “(3)(A) approve the plan for evaluations required in section 352 and participate in the implementation and dissemination of such evaluations, (B) advise the Governor, the State legislature, and the general public of the State of the findings of such evaluations, and (C) include in any report of such evaluations its comments and recommendations. 102 STAT. 309 “Subpart 4—Planning and Applications “SEC. 341. STATE PLAN AND APPLICATION. “(a) Requirement.—Any State desiring to receive funds under this title shall submit to the Secretary, during the fiscal year 1989 and during each fourth fiscal year thereafter, a State plan and application for adult education (in one document) for the four fiscal years succeeding each fiscal year in which the State plan and application are submitted. “(b) Procedure for Submission and Consideration.—Each State plan and application shall be submitted to the Secretary by July 1 preceding the beginning of the first fiscal year for which the plan is in effect. The Secretary shall approve, within 60 days, each such plan and application which is formulated in accordance with sections 342 and 343 and which meets the requirements of such sections, and shall not finally disapprove a State plan except after giving reasonable notice and an opportunity for a hearing to the State agency. “(c) GEPA Provision.—Such document shall be considered to be the general application required to be submitted by the State for funds received under this Act for the purpose of the provisions of section 435 of the General Education Provisions Act. “SEC. 342. FOUR-YEAR STATE PLAN. “(a) Procedures Required in Formulating State Plan.—(1) In formulating the State plan, the State agency shall meet with and utilize the State advisory council, if established pursuant to section 332 of this title. “(2) The State agency shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public, including groups serving educationally disadvantaged adults, and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State agency’s response shall be included with the State plan submitted to the Secretary. “(3)(A) Not less than 60 days before submission of the State plan to the Secretary under section 341, the State agency shall simultaneously submit the proposed State plan to (i) the State Board or agency for vocational education, (ii) the State Job Training Coordinating Council under the Job Training Partnership Act, and (iii) the State Board responsible for postsecondary education for review and comment. Such comments (to the extent such comments are received in a timely fashion) and the State’s response shall be included with the State plan submitted to the Secretary. The Secretary shall consider such comments in reviewing such plan. “(B) Not less than 60 days before the submission of the State plan to the Secretary, such plan shall be submitted to the State advisory council (if such a council exists). Should the State advisory council find that it has substantial disagreement with the final State plan, the Council may file timely objections with the State agency. The State agency shall respond to all substantial objections of the State advisory council in submitting such plan to the Secretary. The Secretary shall consider such comments in reviewing the State plan. “(b) Required Assessments.—In developing the 4-year State plan, each State shall (1) make a thorough assessment of (A) the needs of adults, including educationally disadvantaged adults, eligible to be 102 STAT. 310served as well as adults proposed to be served and those served and 1B) the capability of existing programs and institutions to meet those needs, and (2) state the changes and improvements required in adult education to fulfill the purposes of this title, and the options for implementing these changes and improvements. “(c) Components of State Plan.—Consistent with the assessments described in subsection (b) each such plan shall— “(1) set forth the goals, the methods and strategies, and the expected outcomes of programs, services, and activities during the 4-year period; “(2) describe the curriculum, equipment, and instruments that are being used by instruction personnel and indicate how current these elements are; “(3) 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 with limited English proficiency and individuals with handicaps) through the use of agencies, institutions, and organizations other than the public school system, such as 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; “(4) describe the means by which representatives of the public and private sector are involved in the development and 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; “(5) describe specialized efforts to attract and assist meaningful participation in adult education programs through flexible course schedules, provision of auxiliary aids and services, convenient locations, adequate transportation, and meeting child care needs; “(6) provide for the needs of persons with limited English proficiency (as defined in section 7004(a) of title VII of the Elementary and Secondary Education Act of 1965 or no English proficiency by providing adequate appropriate language assistance to the extent necessary to all such persons so they may progress effectively through adult education programs; “(7) describe how the particular educational needs of adult immigrants, the incarcerated, persons with handicaps, the chronically unemployed, the homeless, the disadvantaged, and minorities will be addressed; “(8) describe the progress the State has made in achieving the goals set forth in each State plan subsequent to the initial State plan; “(9) describe the progress it expects to make toward achieving the purpose of this title during the 4-year period of the State plan; “(10) set forth the criteria the State agency will use in approving applications by eligible recipients and allocating funds made available under this title to such recipients; “(11) describe the methods proposed for the joint planning and coordination of programs carried out under this title with those conducted under applicable Federal and State programs, includ-102 STAT. 311ing the Carl D. Perkins Vocational Education Act of 1963, the Job Training Partnership Act, the Rehabilitation Act of 1973, the Education of the Handicapped Act, the Immigration Reform and Control Act of 1986, the Higher Education Act of 1965, and the Domestic Volunteer Service Act, to assure maximum use of funds under these Acts and to avoid duplication of services; “(12) 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 by section 382 of this title, but only to the extent that such volunteers supplement and do not supplant salaried employees; and “(13) describe the measures to be taken to ensure that adult education programs, services, and activities assisted under this title will take into account the findings or program reviews and evaluations carried out pursuant to section 352. “(d) Limited English Proficiency Rule.—Programs conducted under subsection (c)(6) shall be designed to teach English to limited English proficient adults and, as appropriate, to allow such 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. Such programs may provide instruction in the native language, to the extent necessary, or may provide instruction exclusively in English, and shall 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 Education Act. “SEC. 343. STATE APPLICATIONS. “The State application submitted pursuant to section 341 shall provide assurances— “(1) that the State will provide such methods of administration as are necessary for the proper and efficient administration of this title; “(2) that Federal funds made available under this title will be so used as to supplement the amount of State and local funds available for uses specified in this title, and in no case to supplant such State and local funds; “(3) that the programs, services, and activities funded in accordance with the uses specified in section 322 are designed to expand or improve the quality of adult education programs including programs for educationally disadvantaged adults, to initiate new programs of high quality, or where necessary, to maintain programs; “(4) that the State will provide such fiscal control and fundings accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to eligible recipients under this title); and “(5) that the State has instituted policies and procedures to ensure that copies of the State plan and all statements of general policy, rules, regulations, and procedures will be made available to the public. 102 STAT. 312 “Subpart 5—Evaluation and State Plan Amendments “SEC. 351. STATE PLAN AMENDMENTS. “(a) Timely Submission.—When changes are necessary in a State plan, the State shall submit amendments to its plan by July 1 preceding the fiscal year of operation to which the amendments apply. “(b) Consideration by Secretary.—The Secretary shall approve, within 60 days of submission, State plan amendments which meet the requirements of this section, unless such amendments propose changes that are inconsistent with the requirements and purposes of this title. The Secretary shall not finally disapprove such amendments except after giving reasonable notice and an opportunity for hearing to the State agency. “(c) Transition Rule.—Upon a written request from a State, the Secretary shall approve an extension of 1 year, from June 30, 1988, to June 30, 1989, for the revision of any plan already approved under this section for the period July 1, 1985, through June 30, 1988. “SEC. 352. EVALUATION. “In order to assist grant recipients receiving funds under this title to plan and operate the best possible programs of adult education, each State agency during the 4-year period of the State plan shall— “(1) annually submit data to the Secretary with respect to grant recipients; “(2) before the end of such period evaluate at least one-third of grant recipients (which are representative of all grant recipients in the State) and such evaluations shall consider— “(A) the planning and content of the program; “(B) the curriculum, instructional materials, equipment, and qualifications of all personnel; “(C) the effect of the program on the subsequent work experience of graduates; and “(D) other factors determined to affect program operation; and “(3) gather and analyze data (including standardized test data) to determine the extent to which the adult programs are achieving the goals set forth in the plan including the goal of serving educationally disadvantaged adults, and the extent to which grant recipients have improved their capacity to achieve the purposes of this title as set forth in section 311. “Subpart 6—Demonstration Projects “SEC. 353. SPECIAL EXPERIMENTAL DEMONSTRATION PROJECTS AND TEACHER TRAINING. “(a) Use of Funds.—Of the funds allotted to a State under section 313 for a fiscal year, not less than 10 percent shall be used for— “(1) special projects which will be carried out in furtherance of the purposes of this title, which will be coordinated with other programs funded under this title and which— “(A) involve the use of innovative methods (including methods for educating persons with handicaps, the home-less, and persons of limited English proficiency), systems, materials, or programs which may have national signifi-102 STAT. 313cance or will be of special value in promoting effective programs under this title, or “(B) involve programs of adult education, including education for persons with handicaps, the homeless, and per-sons of limited English proficiency, which are part of community school programs, carried out in cooperation with other Federal, State, or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiencies; and “(2) training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title. “(b) Applications.—Applications for funds under subsection (a) shall include such information as the State educational agency considers appropriate, including plans for continuing the activities and services under the project after the completion of the funding. “Subpart 7—Federal Share; Federal Administrative Responsibilities “SEC. 361. PAYMENTS. “(a) Federal Share.—The Federal share of expenditures to carry out a State plan shall be paid from a State’s allotment available for grants to that State. The Federal share shall be— “(1) 90 percent of the cost of carrying out the State’s programs for fiscal year 1988; “(2) 85 percent of such cost for fiscal year 1990; “(3) 80 percent of such cost for fiscal year 1991; and “(4) 75 percent of such cost for fiscal year 1992 and for each fiscal year thereafter, except that with respect to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the Federal share of such cost shall be 100 percent. “(b) Maintenance of Effort.—(1) No payment may be made to any State from its allotment for any fiscal year unless the Secretary finds that the fiscal effort per student or the amount available for expenditure by such State for adult education from non-Federal sources for the second preceding fiscal year was not less than such fiscal effort per student or such amount available for expenditure for such purposes from such sources during the third preceding fiscal year. “(2) The Secretary may waive the requirements of this subsection for 1 fiscal year only, upon making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the applicant to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. 102 STAT. 314 “PART C—WORKPLACE LITERACY AND ENGLISH LITERACY GRANTS “SEC. 371. BUSINESS, INDUSTRY, LABOR, AND EDUCATION PARTNERSHIPS FOR WORKPLACE LITERACY. “(a) Grants for Exemplary Demonstration Partnerships for Workplace Literacy.—(1) Subject to subsection (b), the Secretary shall make demonstration grants to exemplary education partnerships for workplace literacy to pay the Federal share of the cost of adult education programs which teach literacy skills needed in the workplace through partnerships between— “(A) business, industry, labor organizations, or private industry councils; and “(B) State educational agencies, local educational agencies, institutions of higher education, or schools (including employment and training agencies or community-based organizations). “(2) Grants under paragraph (1) may be used— “(A) to fund 70 percent of the cost of programs which meet the requirements of paragraph (3); and “(B) for administrative costs incurred by State educational agencies and local educational agencies in establishing programs funded under subparagraph (A). “(3) Programs funded under paragraph (2)(A) shall be designed to improve the productivity of the workforce through improvement of literacy skills needed in the workplace by— “(A) providing adult literacy and other basic skills services and activities; “(B) providing adult secondary education services and activities which may lead to the completion of a high school diploma or its equivalent; “(C) meeting the literacy needs of adults with limited English proficiency; “(D) upgrading or updating basic skills of adult workers in accordance- with changes in workplace requirements, technology, products, or processes; “(E) improving the competency of adult workers in speaking, listening, reasoning, and problem solving; or “(F) providing education counseling, transportation, and nonworking hours child care services to adult workers while they participate in a program funded under paragraph (2)(A). “(4) An application to receive funding for a program out of a grant made to a partnership under this subsection shall— “(A) be submitted jointly by— “(i) a business, industry, or labor organization, or private industry council; and “(ii) a State educational agency, local educational agency, institution of higher education, or school (including an area vocational school, an employment and training agency, or community-based organization); “(B) set forth the respective roles of each member of the partnership; “(C) contain such additional information as the Secretary may require, including evidence of the applicant’s experience in providing literacy services to working adults; “(D) describe the plan for carrying out the requirements of paragraph (3); and 102 STAT. 315 “(E) provide assurances that the applicant will use the funds to supplement and not supplant funds otherwise available for the purpose of this section. “(b) Grants to States.—(1) Whenever in any fiscal year, appropriations under subsection (c) are equal to or exceed $50,000,000, the Secretary shall make grants to States which have State plans approved by the Secretary under section 342 to pay the Federal share of the cost of adult education programs which teach literacy skills needed in the workplace through partnerships between— “(A) business, industry, or labor organizations, or private industry councils; and “(B) State educational agencies, local educational agencies, institutions of higher education, or schools (including employment and training agencies or community-based organizations). “(2) Grants under paragraph (1) may be used— “(A) to fund 70 percent of the cost of programs which meet the requirements of paragraph (4); “(B) for administrative costs incurred by State educational agencies and local educational agencies in establishing programs funded under subparagraph (A); and “(C) for costs incurred by State educational agencies in obtaining evaluations described in paragraph (3)(A)(iii). “(3) A State shall be eligible to receive its allotment under paragraph (7)(B) if it— “(A) includes in a State plan submitted to the Secretary under section 342 a description of— “(i) the requirements for State approval of funding of a program; “(ii) the procedures under which applications for such funding may be submitted; and “(iii) the method by which the State shall obtain annual third-party evaluation of student achievement in, and over-all effectiveness of services provided by, all programs which receive funding out of a grant made to the State under this section; and “(B) satisfies the requirements of section 306(a). “(4) The program requirements set forth in subsection (a)(3) shall apply to the program authorized by this subsection. “(5) An application to receive funding for a program from a grant made to a State under paragraph (1) shall contain the same information required in subparagraphs (A) through (E) of subsection (a)(4). “(6) If a State is not eligible for a grant under paragraph (1) of this subsection, the Secretary shall use the State’s allotment under paragraph (7) to make direct grants to applicants in that State who are qualified to teach literacy skills needed in the workplace. “(7)(A) The Federal share of expenditures for programs in a State funded under this subsection shall be paid from a State’s allotment under this paragraph. “(B) From the sum appropriated for each fiscal year under subsection (c) for any fiscal year in which appropriations equal or exceed $50,000,000, the Secretary shall allot— “(i) $25,000 to each of American Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands; and “(ii) to each remaining State an amount which bears the same ratio to the remainder of such sum as— 102 STAT. 316 “(I) the number of adults in the State who do not have a certificate of graduation from a school providing secondary education (or its equivalent) and who are not currently required to be enrolled in schools in the State, bears to “(II) the number of such adults in all States; except that no State shall receive less than $125,000 in any fiscal year. “(C) At the end of each fiscal year, the portion of any State’s allotment for that fiscal year which— “(i) exceeds 10 percent of the total allotment for the State under paragraph (2) for the fiscal year; and “(ii) remains unobligated; shall be reallocated among the other States in the same proportion as each State’s allocation for such fiscal year under paragraph (2). “(c) Authorization of Appropriations.—(1) There are authorized to be appropriated $30,000,000 for the fiscal year 1988, $31,500,000 for the fiscal year 1989, and such sums as may be necessary for the fiscal year 1990 and each succeeding fiscal year ending prior to October 1, 1993, to carry out the provisions of this section. “(2) No funds may be appropriated under paragraph (1) of this subsection for any fiscal year unless the appropriation for this Act (other than this part) for that year is equal to or greater than $110,000,000. “(3) Amounts appropriated under this subsection shall remain available until expended. “SEC. 372. ENGLISH LITERACY GRANTS. “(a) Grants to States.—(1) The Secretary may make grants to States which have State plans approved by the Secretary under section 342 for the establishment, operation, and improvement of English literacy programs for individuals of limited English proficiency. Such grants may provide for support services for program participants, Including child care and transportation costs. “(2) A State shall be eligible to receive a grant under paragraph (1) if the State includes in a State plan submitted to the Secretary under section 342 a description of— “(A) the number of individuals of limited English proficiency in the State who need or could benefit from programs assisted under this chapter; “(B) the activities which would be undertaken under the grant and the manner in which such activities will promote English literacy and enable individuals in the State to participate fully in national life; “(C) how the activities described in subparagraph (B) will serve individuals of limited English proficiency, including the qualifications and training of personnel who will participate in the proposed activities; “(D) the resources necessary to develop and operate the proposed activities and the resources to be provided by the State; and “(E) the specific goals of the proposed activities and how achievement of these goals will be measured. “(3) The Secretary may terminate a grant only if the Secretary determines that— “(A) the State has not made substantial progress in achieving the specific educational goals set out in the application; or 102 STAT. 317 “(B) there is no longer a need in the State for the activities funded by the grant. “(b) Set-Aside for Comm unity-Based Organizations.—A State that is awarded a grant under subsection (a) shall use not less than 50 percent of funds awarded under the grant to fund programs operated by community-based organizations with the demonstrated capability to administer English proficiency programs. “(c) Report.—A State that is awarded a grant under subsection (a) shall submit to the Secretary a report describing the activities funded under the grant for each fiscal year covered by the grant. “(d) Demonstration Program.—The Secretary, subject to the availability of funds appropriated pursuant to this section, shall directly, and through grants and contracts with public and private nonprofit agencies, institutions, and organizations, carry out a program— “(1) through the Adult Education Division to develop innovative approaches and methods of literacy education for individuals of limited English proficiency utilizing new instructional methods and technologies; and “(2) to designate the Center for Applied Linguistics of the Office of Educational Research and Improvement as a national clearinghouse on literacy education for individuals of limited English proficiency to collect and disseminate information concerning effective approaches or methods, including coordination with employment training and other education programs. “(e) Evaluation and Audit.—The Secretary shall evaluate the effectiveness of programs conducted under this section. Programs funded under this section shall be audited in accordance with chapter 75 of title 31, United States Code. “(f) Authorization of Appropriations.—(1) There are authorized to be appropriated $25,000,000 for the fiscal year 1988, $26,300,000 for the fiscal year 1989, $27,600,000 for the fiscal year 1990, $29,000,000 for the fiscal year 1991, $30,500,000 for the fiscal year 1992, and $32,000,000 for the fiscal year 1993 to carry out this section. “(2) Funds appropriated pursuant to this section shall remain available until expended. “(3) Funds appropriated under this subsection may be combined with other funds made available for the State by the Federal Government for literacy training for individuals with limited English proficiency. “(4) Not more than 10 percent of funds available under this section may be used to carry out the provisions of subsection (d). “(5) Not more than 5 percent of funds available under this section may be used for State administration, technical assistance, and training. “PART D—NATIONAL PROGRAMS “SEC. 381. ADULT MIGRANT FARMWORKER AND IMMIGRANT EDUCATION. “(a) General Authority.—The Secretary is authorized to carry out a program of making grants to States and local eligible recipients to support planning, developing, and evaluating programs which are designed to provide adult education programs, services, and activities to meet the special needs of migrant farmworkers and immigrants. Programs operated from such grants shall be included 102 STAT. 318in a State’s plan and must conform to all requirements of programs provided for by the State’s basic grant. In carrying out this section, the Secretary may enter into interagency agreements with the Secretary of Health and Human Services to conduct programs in conjunction with activities authorized under the Immigration Reform and Control Act of 1986. “(b) Priority.—In carrying out the provisions of this part, the Secretary shall from funds reserved under section 313(d) give first priority to the portion of the program described in subsection (a) for migrant farmworkers. “SEC. 382. ADULT LITERACY VOLUNTEER TRAINING. “(a) General Authority.—The Secretary is authorized to carry out a program of making grants to States and local eligible recipients to support planning, implementation, and evaluation of programs designed to train adult volunteers, especially the elderly, who wish to participate as tutors in local adult education programs. “(b) Priority.—In carrying out the provisions of this part the Secretary shall from funds reserved under section 313(d) give second priority to the portion of the program described in subsection (a) for adult volunteers. “SEC. 383. STATE PROGRAM ANALYSIS ASSISTANCE AND POLICY STUDIES. “(a) Federal Assistance.—(1) The Secretary is authorized to assist States in evaluating the status and progress of adult education in achieving the purposes of this title, and activities designed to provide such assistance shall include, but are not limited to— “(A) an analysis of State plans and of the findings of evaluations conducted pursuant to section 352, with suggestions to State agencies for improvements in planning or program operation; and “(B) the provision of an information network (in conjunction with the National Diffusion Network) on the results of research in adult education, the operation of model or innovative programs (including efforts to continue activities and services, under the program after the Federal funding has been discontinued) successful experiences in the planning, administration, and conduct of adult education programs, advances in curriculum and instructional practices, and other information useful in the improvement of adult education. “(2) Priority.—In carrying out the provisions of this part the Secretary shall from funds reserved under section 313(d) give third priority to the portion of the program described in paragraph (1) for evaluation and research. “(b) Determination of Literacy.—The Secretary, in consultation with the Congress shall, within the first 2 years after enactment of the Adult Education Amendments of 1988, make a determination of the criteria for defining literacy, taking into consideration reports prepared by the National Assessment of Educational Progress and others and shall identify concretely those skills that comprise the basic educational skills needed for literate functioning. The Secretary, once the definition of literacy has been determined, shall, in consultation with the Congress and using the appropriate statistical sampling methodology, determine an accurate estimate of the number of illiterate adults in the Nation. “(c) Report on Status of Literacy and Adult Education.—Subsequent to the determination of literacy and the number of 102 STAT. 319illiterate individuals required in subsection (b), the Secretary shall submit a report every 4 years to the President and to the appropriate committees of the Congress on the status of literacy and adult education in the Nation. “(d) Evaluation Report.—Three years after the date of enactment of the Adult Education Amendments of 1988, and thereafter in conjunction with the report under subsection (c), the Secretary shall report to the appropriate committees of the Congress on the results of program evaluations required under this title and conclusions drawn therefrom regarding progress toward meeting the goals and purposes of this title, together with such recommendations as the Secretary may wish to make. “SEC. 384. NATIONAL RESEARCH ACTIVITIES. “(a) Approved Activities.—The Secretary shall, through the Office of Educational Research and Improvement, support applied research, development, demonstration, dissemination, evaluation, and related activities which will contribute to the improvement and expansion of adult education in the Nation. Such activities shall include the establishment of a national clearinghouse to compile information on literacy curriculum and resources for adults, including youth and adults of limited English proficiency and adults with handicaps. The Secretary may support such activities directly, or through grants to, or cooperative agreements with, public or private institutions, agencies, or organizations, or individuals. “(b) Research Concerning Special Needs.—In addition to the responsibilities of the Assistant Secretary for Educational Research and Improvement under section 405 of the General Education Provisions Act, the Assistant Secretary may, with funds available under that section, with funds available under other Federal programs, or with funds set aside under section 313(d) of this title, support research on the special needs of persons requiring adult education including a study of the magnitude and nature of the needs of adults with learning disabilities who are eligible for participation in adult education programs. The Assistant Secretary may support such research directly or through grants to, or contracts or cooperative agreements with, public or private institutions, agencies, or organizations. “SEC. 385. LIMITATION. “No grant may be made under this title for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For purposes of this section, the term ‘school or department of divinity’ means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.”.