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FEDERAL REGISTER
Vol. 81 Friday,
No. 161 August 19, 2016
Part II
Department of Education
34 CFR Parts 461, 462, 463 et al.
Programs and Activities Authorized by the Adult Education and Family
Literacy Act ( Title II of the Workforce Innovation and Opportunity Act);
Final Rule
efwes.
55526 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
DEPARTMENT OF EDUCATION
34 CFR Parts 461, 462, 463, 472, 477,
489, and 490
RIN 1830-AA22
Docket No. 2015-ED-OCTAE-0003]
Programs and Activities Authorized by
the Adult Education and Family
Literacy Act( Title II of the Workforce
Innovation and Opportunity Act)
AGENCY: Office of Career, Technical, and
Adult Education, Department of
Education.
ACTION: Final regulations.g
SUMMARY: The Secretary establishes
regulations to implement changes to the
Adult Education and Family Literacy
Act( AEFLA) resulting from the
enactment of the Workforce Innovation
Opportunity Act of 2014 ( WIOA or
the Act). These final regulations clarify
new provisions in AEFLA. The
Secretary also updates the regulations
that establish procedures for
determining the suitability of tests used
for measuring State performance on
accountability measures that assess the
effectiveness of AEFLA programs and
activities. The Secretary also removes
specific parts of title 34 of the Code of
Federal Regulations (CFR) that are no
longer in effect.
DATES: These final regulations are
effective September 19, 2016.
FOR FURTHER INFORMATION CONTACT:
Lekesha Campbell, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 11008, Potomac Center Plaza
PCP), Washington, DC 20202-2800.
If you use a telecommunications
device for the deaf( TDD) or a text
telephone (TTY), call the Federal
Information Relay Service ( FIRS), toll
free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2014, President Obama
signed into law WIOA (Pub. L. 113–
128), which replaces the Workforce
Investment Act of 1998 ( WIA). As under
WIA, AEFLA is title II of WIOA( title II).
WIOA supports innovative strategies to
keep pace with changing economic
conditions and seeks to improve
coordination across the primary Federal
programs that support employment
services, workforce development, adult
education, and vocational rehabilitation
activities. These final regulations further
the Department of Education' s
Department or ED) implementation of
new provisions in AEFLA. Through
these regulations, we explain the
programs and activities authorized
under AEFLA and assist State and local
grantees in their implementation efforts.
We have limited the regulations to
only those that we believe are absolutely
necessary to clarify and reiterate key
statutory provisions of WIOA, as well as
to respond to public comments. In the
regulations, we incorporate the relevant
requirements from AEFLA to provide
context and for reader convenience.
Summary of the Major Provisions of
This Regulatory Action:
Through these final regulations the
Secretary:
1. Removes specific parts of title 34
that are no longer in effect.
2. Updates and revises existing
AEFLA regulations regarding the
suitability of tests for use in the
National Reporting System for Adult
Education( NRS) to reflect new
provisions of WIOA. The regulations
also include procedures that States and proposedand
followGenethe local eligible providers must
when using suitable tests for NRS
reporting. The changes conform to
statutory language in WIOA and clarify
existing requirements.
3. Restates the purpose of AEFLA and
the programs authorized by the Act, as
well as clarifies the related Education
Department General Administration
Regulations (EDGAR) and definitions
that apply to the program.
4. Describes the process and
requirements for States to award grants
or contracts to eligible providers and the
activities that may be charged to local
administrative costs. These regulations
implement new requirements
established by WIOA, including the
requirement that local workforce
development boards ( Local WDBs)
review applications for funds prepared
by applicants for AEFLA funding, the
requirement that entities have
demonstrated effectiveness" to be
eligible providers, and the requirement
that local administrative funds be used
to promote the alignment of an eligible
provider's activities with the local
workforce development plan established
under title I of WIOA.
5. Reiterates what constitutes an adult
education and literacy activity or
program and clarifies how funds may be
used for activities that are newly
authorized by WIOA.
6. Describes how AEFLA funds may
be used to support programs for
corrections education and the education
of other institutionalized individuals,
including new activities authorized by
WIOA.
7. Clarifies the use of funds for new
and expanded activities under the
Integrated English Literacy and Civics
Education program.
Public Comment
On April 16, 2015, the Secretary
published a notice of proposed
rulemaking( NPRM or proposed
regulations) for these programs in the
Federal Register( 80 FR 20968),
available at https://federalregister.gov/a/
2015-05540. In response to our
invitation in the NPRM, nearly 300
parties submitted comments on the
proposed regulations. In these final
regulations we discuss amendments and
new regulations in the order in which
their parts appear in the CFR. We then
set out our analysis by subpart and
section. For each part, we provide a
summary of the changes we proposed, a
summary the differences between the
proposed rregulations and these final
regulations, and a detailed discussion of
the public comments we received on the
We then
the regulations thattthat discussn .are removing.
not address technical
andand otherother i rminor changes.
We received a number of comments
expressing general support for the
proposed regulations. We thank the
commenters for their support. We do
not discuss comments that were beyond
the scope of the changes we proposed in
the NPRM.
34 CFR Part 462— Measuring
Educational Gain in the National
Reporting System for Adult Education
Summary of Changes
In the preamble of the NPRM, we
discussed on pages 20969 through
20971 the major changes proposed to
part 462. These regulations are
authorized under section 212 of WIOA,
which makes adult education and
literacy programs and activities subject
to the performance accountability
requirements of section 116 of WIOA.
Through the proposed regulations, we
sought to further formalize the process
for determining the suitability of tests
for use in the NRS. By creating a
uniform review and approval process,
the regulations would facilitate the
submission process for test publishers
and strengthen the integrity of the NRS
as a critical tool for measuring State
performance on accountability measures
related to adult education and literacy
activities under AEFLA, as required
under section 116 of WIOA. The
proposed process would also provide a
means by which the Secretary would
assess the continued validity of tests
that have previously been determined
suitable for use in the NRS.
There are three differences between
the NPRM and these final regulations. In
the final regulations:
55527Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
We use the term" English as a
Second Language (ESL)" when referring
to educational functioning levels of
English language learners to maintain
consistency with NRS information
collection and guidelines.
We update § 462. 13( c) regarding the
criteria that the Secretary uses to
determine the suitability of tests for use
in the NRS.
We remove § 462. 43 regarding how
States may report educational
functioning level gains for students.
Educational functioning level gain is
included in the WIOA joint final rule at
20 CFR 677. 155( a)( 1)( v) (and will be
included in part 463, Subpart I) as one
of five measures of documented
progress that specify how to show a
measurable skill gain for performance
accountability under section 116 of
WIOA, and it applies across all of the
WIOA core programs. As such, the
Department of Education and the
Department of Labor agree that any
further explanation regarding
educational functioning level gains is
best provided in the joint information
collection request( ICR) for the WIOA
Common Performance Reporting( WIOA
Joint Performance ICR) and joint
guidance. The Departments reiterate
that States will be required to report on
the measurable skill gains performance
indicator, which may include
educational functioning level gain, as
set forth in§ 677. 155( a)( 1)( v), consistent
with the WIOA Joint Performance ICR
and as explained in guidance.
Public Comment:
Subpart A—GeneralP
462. 3 What definitions apply?
In the NPRM we proposed to revise
462. 3 to align several terms with the
language in WIOA. For example, toP
conform to section 203 of AEFLA, we
proposed replacing the term" English as
a second language ( ESL)" with the term
English language acquisition( ELA)."
We also proposed to remove the
reference to a physical copy of the NRS
Guidelines to provide an easier and
immediate public access online.
Comments: Numerous commenters
supported changing the term from ESL
to ELA, with some stating that it more
accurately describes the intent of the
programming and pathways. One
commenter recommended substituting
English Language Acquisition Program
ELAP) for the term ELA. Numerous
commenters expressed concern about
States using the term English Language
Acquisition( ELA) to refer to English
Language Learners or students in ESL
because" ELA" is commonly
understood to refer to English Language
Arts in a number of educational
contexts, including in college and career
readiness standards. They indicated that
it would cause unnecessary confusion.
Numerous commenters recommended
using the already-branded terms ESL or
English for Speakers of Other Languages
ESOL).
Discussion: We appreciate the support
from some commenters for the change
in terminology that we originally
proposed. We also acknowledge the
concerns raised by other commenters
regarding confusion that might arise
from the proposed change in
terminology. We note that in revising
the NRS information collection request,
Implementation Guidelines: Measures
and Methods for the National Reporting
System for Adult Education ( OMB
Control Number: 1830-0027), we
retained the term English as a Second
Language (ESL) when specifically
referring to the six educational
functioning levels for English language
learners. Since the changes we
originally proposed in this rule related
specifically to these six educational
functioning levels used for NRS
reporting and not to the actual services
available to English language learners
under the Act, we believe using the term
English as a Second Language ( ESL)
results in greater clarity and consistency
between this rule and the corresponding
NRS information collection request.
Change: We have replaced the term
English language acquisition (ELA) with
the term English as a Second Language
ESL) when referring to the educational
functioning levels for English language
learners, and we have made the
appropriate conforming changes
throughout part 462.
Subpart B— Whatprocess does theP
Secretary use to review the suitability
of tests for use in the NRS?
§ 462. 10 How does the Secretary
review tests?
In proposed§ 462. 10, the Department
established two additional submission
dates for the submission of tests in
program years 2016 and 2017.
Currently, tests must be submitted by
October 1 of each year. The two
additional dates of April 1, 2017 and
April 1, 2018 would provide more
opportunities for the Secretary to review
and approve assessments and will
increase the availability of new
assessments to eligible providers in the
first two years of implementing the
performance accountability
requirements under section 116 of
WIOA.
Comments: Several commenters
expressed support for the addition of
two submission dates for test review,
stating that this will allow test
publishers time to develop quality
assessments, and to submit new or
revised assessments that align with the
College and Career Readiness Standards
for Adult Education and the final
released versions of the educational
functioning level descriptors. One
commenter suggested two submission
dates each year, beginning with April 1,
2017, and continuing until there are
multiple tests approved. One
commenter recommended that the
Department offer more than two
submission dates. They suggested that
in 2016 and 2017, the Department
consider allowing the publishers to
submit applications when they are
ready, rather than only on October 1 or
April 1.
Discussion: We appreciate
commenters' support for our proposed
two submission dates each year, as well
as their suggestion to offer continuous
or rolling submissions throughout the
year based upon publishers' readiness to
submit. Our past experience indicates
that rolling assessment review
opportunities do not yield an increase
in the quantity or quality of tests
suitable for use in the NRS. Based on our experiences to date, we believe that
the two additional dates of April 1, 2017
and April 1, 2018, in addition to
October 1, 2016 and October 1, 2017,
offer increased flexibility as well as
additional opportunities to submit new
tests for review in the first two years of
implementing the performance
accountability requirements under
section 116 of WIOA. Beginning in
program year 2018, we will return to
one annual submission date on October
1.
Change: None.
462. 13 What criteria and
requirements does the Secretary use for
determining the suitability of tests?
We noted in the preamble of the
NPRM that we proposed to update the
reference to the Standards for
Educational and Psychological Testing
to reflect the most current edition of
these standards.
Comments: One commenter requested
that the regulations be updated to refer
to the Standards for Educational and
Psychological Testing as being
developed by American Educational
Research Association( AERA), American
Psychological Association (APA), and
the National Council of Measurement in
Education( NCME), as reflected in the
2014 edition.
Discussion: We appreciate the
commenter' s suggestion that the
regulations be updated to refer to the
of
55528 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
2014 edition of the Standards for Control Number: 1830-0027). We are
Educational and Psychological Testing, making this practice a regulatory
which was inadvertently omitted in the requirement for consistency purposes.
proposed rule text. As stated in our proposed regulations,
Change: We have revised final the purpose of requiring States to
462. 13 to reflect the new edition of the establish this standard is to promote the
Standards for Educational and implementation of policies and
Psychological Testing. practices by eligible providers that
maximize the percentage of students Subpart D— What requirements must who have a matched post-test States and eligible providers follow completed in order to document
when measuring educational gain? educational functioning level gain and
462. 40 Must a State have an to encourage continuous improvement
over time.assessment policy?
Change: None. In § 462. 40, we proposed adding one Comments: One commenter
additional element to the information a recommended States be given a trial State must include in its State period to evaluate and determine assessment policy by requiring that the reasonable performance and therefore
State specify a target for the percentage acclimate to the process of setting post-of all pre-tested students who both meet test targets so they can negotiate morethat threshold of instruction and take a effectively with the Department onmatched post-test. The post-test score is reasonable target levels. used to determine whether the student Discussion: We appreciate the
has made educational functioning level commenter' s interest in determininggain. Under WIA, States were directed how to most meaningfully implementto specify this target by the information the proposed requirement. We note that
collection request, Implementationa post-test standard is a current element
Guidelines: Measures and Methods for in the information collection,
the National Reporting System for Adult Implementation Guidelines: Measures
Education (OMB Control Number: and Methods for the National Reporting1830-0027), but in the NPRM, we System for Adult Education (OMB
proposed to make this a regulatory Control Number: 1830-0027). We are
requirement. including this element in this section asComments: Two commenters a regulatory requirement, thus aligningexpressed concern that the requirement it with the other elements required in
to set a post-testing target will the State assessment policy and negatively influence the integrity of the establishing consistency between thesetesting process, leading States to skirt final regulations and the information
the most effective administration of the collection request. We further note that
tests or to manipulate reporting. One of the post testing standard required inthese commenters recommended that this regulation is determined solely by
uniform review and approval processesthe State and articulated in the State' s
be used to ensure integrity of test and assessment policy. It is not negotiatedreporting results. The other commenter with the Department. The State, at its
stated that post-testing targets place too sole discretion, may evaluate the much emphasis on the role post-testing standard it has set and make anyplays in determining educational necessary revisions.functioning level gains, to the exclusion Change: None.
of screening, support services, and
instruction, and can lead to improper § 462. 42 How are tests used to place
students at an NRS educationaltest administration to meet reporting
demands. functioning level?
Discussion: We agree with the Proposed§ 462.42 revised the
commenters that the integrity of the authority citation to conform to WIOA.
testing process and the quality of Comments: One commenter expressed
instructional services must not be concerns that the testing methods to
negatively impacted by the regulatory determine educational functioning level
requirement. We note that the proposed will disadvantage participants because
requirement for a State to specify in its they may not be experienced with
assessment policy a target for the traditional testing, and because
percentage of all pre-tested students standardized testing has been
who meet that threshold of instruction recognized to skew toward particular
and take a matched post-test is a ethnicities and higher socioeconomic
standard States are currently directed to groups.
specify by the information collection, Discussion: We appreciate the
Implementation Guidelines: Measures commenter' s concern that the testing
and Methods for the National Reporting methods to determine educational
System for Adult Education ( OMB functioning levels may disadvantage
participants who may not be
experienced with standardized testing.
We agree that poorly constructed tests
can skew results for particular groups.
We note that in§ 462. 13, we have
specified the criteria and requirements
that the Secretary uses for determining
the suitability of tests. These criteria
require a regular evaluation of test items
for fairness and bias, which includes the
design, development, and delivery of
tests for variability among intended test
takers. We conclude that these criteria
are sufficient to address the
commenter' s concerns.
Change: None.
462. 43 How is educational gain
measured for the purpose of the
performance indicator in section
of the Act concerning
the achievement of measurable skill
gains?
Proposed§ 462. 43( a) confirmed that
educational functioning level gain is
measured by testing students in reading
and mathematics. We also proposed
adding § 462. 43( c) to allow States that
offer adult high school programs,
authorized by State law or regulations,
to measure and report educational
functioning level gain through the
awarding of credits or Carnegie units.
Additionally, as noted in§ 462. 41, we
revised the title of this section to clarify
that the measurement of educational
gain as described in these regulations is
for the purpose of applying the
measurable skill gains performance
indicator in section 116 of WIOA to
programs and activities under AEFLA.
Comments: Many commenters
endorsed continued use of educational
functioning levels (EFLs) through pre-/
post-testing and also encouraged
eventual refinement of EFLs or the
development of other potential
measures that can document
participants' progress toward
educational goals. Some commenters
suggested that the final regulations
support measures that demonstrate
progression along a career pathway.
Various commenters suggested that the
final regulations provide specificity on
how a number of alternative measures,
such as transition to postsecondary
education and training, attainment of a
secondary credential, advancement in
competency-based educational
programs, and passing portions of high
school equivalency exams or citizenship
exams might count as educational
functioning level gains for students.
Commenters also inquired about how
pre-/ post-testing could be used to
support students' progression along a
career pathway. Some commenters
supported our proposed inclusion of
reports
55529Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Carnegie units or credits in States with
adult high school programs while others
questioned how the regulation might
safeguard against States reporting
educational functioning level gains for
students based upon seat time rather
than actual skills attainment.
Discussion: We appreciate the
commenters' concern for implementing
the measurable skill gains performance
indicator in a manner that supports
students' progression along a career
pathway and that does not only rely on
testing. We agree that States need
additional flexibility to support
students' progression along career
pathways responsive to industry needs
and standards within local or regional
economies and believe that flexibility is
provided in§ 677. 155( a)( 1)( v) of the
WIOA joint final rule. We note that
educational functioning level gain for
students is included in
677. 155( a)( 1)( v) as one of five
measures of documented progress that
specify how to show a measurable skill
gain under section 116 of WIOA and
that apply across all WIOA core
programs. We also note that attainment
of a secondary school diploma is
another measure of documented
progress in§ 677. 155( a)( 1)( v) that States
may use to demonstrate and report a
measurable skill gain under section 116
of WIOA. Because these measures apply
across core programs, the Departments
have agreed that any further explanation
regarding these measures, including
educational functioning level gain, is
best provided in the WIOA Joint
Performance ICR and joint guidance.
However, in response to commenters'
suggestions, the Departments intend to
includeinclude transition to postsecondary
education and training in the WIOA
Jn PerformanceoaICR as an additional
for Sas educationaleducationalway
ing els tol gain.functioning Thenionthat States Departmentsto
report oreiterateothe willillsbeslrequiredgains
mindicator, which may include
levelgain, as
set forth in§ 677. 155( a)( 1)( v), consistent
with the WIOA Joint Performance ICR
and as explained in guidance.
Change: We remove and reserve
462. 43.
educational functioning
34 CFR Part 463— Adult Education and
Family Literacy Act
Summary of Changes
In the preamble of the NPRM, we
discussed on pages 20971 through
20975 proposed new regulations to
support State and local implementation
of WIOA-related changes to the AEFLA
program. We proposed regulations to
reiterate the purpose of AEFLA and the
programs authorized by the Act, as well
as clarify the relationship of those
programs and definitions to EDGAR. We
also sought to describe the process and
requirements for States to award grants
or contracts to eligible providers and the
activities that may be charged to local
administrative costs. The proposed
regulations included new requirements
established by WIOA, such as: The
requirement that Local WDBs review
applications for funds prepared by
applicants for AEFLA funding, the
requirement that entities have
demonstrated effectiveness" to be
eligible providers, and the requirement
that local administrative funds be used
to promote the alignment of an eligible
provider's activities with the local
workforce development plan established
under title I of WIOA. The proposed
regulations also sought to define what
constitutes an adult education and
literacy activity or program and clarify
how funds may be used for activities
that are newly authorized by WIOA. We
also proposed to describe how AEFLA
funds may be used to support programs
for corrections education and the
education of other institutionalized
individuals, including new activities
authorized by WIOA. Finally, we
proposed regulations to clarify the use
literacy, in the content domains of
reading, writing, mathematics, English
language acquisition, and other subject
areas relevant to the services contained
in the State' s application to award
contracts or grants to eligible providers.
We have revised§ 463. 25 to clarify
that the eligible agency may increase the
amount that can be spent on local
administration in cases where the cost
limits are too restrictive to allow for
specified activities.
We have revised§ 463. 32( a) to clarify
that a State or eligible provider may use
curriculum, lesson plans, or
instructional materials to demonstrate
that an English language acquisition
program is implementing the State' s
content standards for adult education.
We have revised§ 463. 32(b) to more
clearly state our intent for how eligible
providers can demonstrate that an
English language acquisition program is
meeting the requirement of§ 463. 31( b)
by offering educational and career
counseling services that enable English
language learners to transition to further
education or employment.
We have revised§ 463. 37( a)( 1) to
more clearly state how, within the
overall scope of the program, each of the
three required components of an
integrated education and training
of funds for new and expandedprogram must be of sufficient intensity
activities under the Integrated English
Literacy and Civics Education program.
There are several important
differences between the NPRM and
these final regulations:
We clarified in these final regulations
that attainment of a secondary school
equivalency credential is inherently a
part of the purpose of AEFLA.
We removed the limitation of the
definition of" concurrent enrollment" to
subpart F so that the definition now
applies to all subparts in this Part 463.
In the definition of" reentry initiatives
and post release services" in§ 463. 3, we
changed the phrase" release from
prison" to" release from a correctional
institution."
We have revised§ 463. 21 to give
States more flexibility for organizing
and overseeing a process for Local
WDBs to review eligible providers'
applications for alignment with the
local workforce development plan and
to make recommendations to the eligible
agency to promote alignment with the
local plan.
We have revised§ 463. 24 to clarify
that an eligible provider that has not
been previously funded under title II of
WIOA may demonstrate effectiveness by
providing performance data related to
its record of improving the skills of
eligible individuals, particularly eligible
individuals who have low levels of
and quality, and based on the most
rigorous research available.
We have revised§ 463. 73 to more
clearly reflect the statutory requirement
to use funds provided under section 243
in combination with integrated
education and training activities as
defined in subpart D as well as to better
clarify options for meeting the
requirement.
Public Comment:
Comments: One commenter expressed
general support for the Act' s potential
for helping youth and adults prepare for
meaningful employment in State,
regional, and local economies. This
commenter encouraged adult educators
to consult with employers in the design
of services.
Discussion: We agree with the
commenter' s suggestion. We have
historically provided a range of
technical assistance resources to
encourage and support adult educators'
engagement with employers to ensure
that education services are relevant and
responsive to local economic
circumstances. We believe that the Act' s
support for career pathways
development and new adult education
and literacy activities such as workforce
preparation activities and integrated
education and training offer adult
educators new opportunities to enhance
and expand engagement efforts with
smentsuggestedincludeseducationaduts
the
55530 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
employers so that adult education
services meet the needs of job seekers
and employers.
Change: None.
Subpart A—Adult Education General
Provisions
463. 1 What is the purpose of the Adult
Education and Family Literacy Act?
WIOA retains and expands the
purposes AEFLA. Under IA,
AEFLA ofaimed to help adults improve
their ed aimednl and employment
postsecondary education and training
and career pathways. Moreover, the
multiple and expanded purposes of
adult education set forth in WIOA do
not give us authority to limit the focus
to secondary credential attainment.
Change: None.
Comments: Several commenters
expressed concerns that while both the
name and the purpose of the authorizing
statute reference family literacy, the
proposed regulations did not adequately
convey the importance of eligible
aproviders continuing to provide familyoutcomes, become self suflicient, and literacy services. One commenter support the educational development of that the Department addtheen. Under WIOA, AEFLA' language to the proposed regulations to s have expandedhave beenuxpandedtheirpurposes clarify the importance of family literacytoinclude assisting totion to services as an express purpose under
ndary and training,postsecAEFLA.Another commenter expressed
including through career pathway
programs. Further, WIOA formalizes the
role of adult education in assisting
English language learners to acquire the
skills needed to succeed in the 21st-
century economy.
Comments: Numerous commenters
expressed support for the expanded
purposes of AEFLA. Two commenters
stated that in addition to the focus on
workforce development, priority service
should continue for individuals who are
not in the workforce and need adult
education and literacy services. Another
commenter expressed concern over the
statutory reference in the purpose
section of AEFLA to" transition to
postsecondary education and training,
including through career pathways,"
stating that the focus of adult education
should remain on secondary credential
attainment.
Discussion: We appreciate the
commenters' support for the expanded
purposes of AEFLA. We agree with
those commenters who stated that in
addition to a focus on workforce
development, services should continue
to be made available for individuals
who are not in the workforce and need
adult education and literacy services.
We believe that the Act, as well as these
final regulations, provide States the
flexibility to continue to provide adult
education services to eligible
individuals both in and out of the labor
force. We do not agree, however, that
the focus of adult education should
remain solely on secondary school
equivalency or secondary credential
attainment. We believe that within the
overall purposes set forth in the Act to
strengthen the United States workforce
development system through innovation
in, and alignment and improvement of,
employment, training, and education
programs to promote individual and
national economic growth, WIOA
appropriately emphasizes transition to
concern that simply restating the
statutory language in the proposed
regulations might result in individuals
not in the workforce being denied
services and suggested that the
Department revise the language of the
proposed regulations.
Several of these commenters
suggested that the Department consider
including family literacy-relevant
performance measures in the
performance accountability system. One
commenter suggested that the
Department allow State plans to include
additional performance indicators
relevant to improving family literacy.
Another commenter suggested that the
Department convene an expert group to
assist with the development of such
measures.
Discussion: Proposed§ 463. 1 restated
section 202 from the Act. Section 202
states that the purpose of AEFLA is to
create a partnership between the Federal
government, States, and localities to
assist eligible individuals in achieving
four enumerated goals, the second of
which is to assist adults who are parents
or family members to obtain education
skills that—
A) Are necessary to becoming full
partners in the educational development
of their children; and
B) Lead to sustainable improvements
in the economic opportunities for their
family.
We believe this statutory language
clearly and sufficiently establishes the
continued importance of family literacy
within the Act. Moreover, we do not
believe we have the authority to
emphasize any one of the four statutory
purposes over others. We are aware of
the concern over the continued ability
to serve individuals not in the labor
force. Again, as we noted above, we
believe that the Act, as well as these
final regulations, provide States the
flexibility to continue to provide adult
education services to eligible
individuals both in and out of the labor
force.
In terms of commenters' requests that
we add family literacy measures to the
performance accountability system for
WIOA, the Act specifies six primary
indicators of performance and does not
give the Department the authority to
create additional indicators of
performance. However, section
116(b)( 2)( B) provides States with the
flexibility to identify in the State plan
additional performance accountability
indicators. Additionally, based upon
these comments we have decided to
retain the optional family literacy
reporting table within the NRS, thereby
supporting States' flexibility to report
these measures should they opt to use
them. We note that this optional
reporting table was created with input
from adult education administrators and
practitioners and is maintained through
a process that includes consultation
with a technical work group comprised
of State directors of adult education.
Change: None.
Comments: One commenter suggested
that, in addition to the statutory
reference to secondary diploma
attainment, we should revise proposed
463. 1( c) to expressly include
attainment of high school equivalency.
Discussion: We appreciate the
commenter' s suggestion and agree that
acknowledging attainment of secondary
school equivalency, in addition to
secondary school diploma attainment,
clarifies proposed§ 463. 1( c).
Change: We have revised§ 463. 1( c) to
include the attainment of the recognized
equivalent of a secondary school
diploma.Comments: One commenter suggested
that proposed§ 463. 1( d) might be
strengthened by adding language from
proposed§ 463. 31 concerning the
definition of an English language
acquisition program.
Discussion: We appreciate the
commenter' s suggestions and agree that,
in instances where immigrants need
English language acquisition services,
this suggestion might strengthen the
regulations. However, we note that not
all immigrants need English language
acquisition services and that making
this change could limit immigrants'
access to other adult education and
literacy activities. Additionally, we note
that in proposing§ 463. 1, we stated that
our intent was to clarify the expanded
purposes of AEFLA under WIOA. Our
intent was not to expand on those
purposes. We believe that§ 463. 1( d) as
proposed achieves the clarity that we
sought and also maintains maximum
State flexibility to address diverse
55531Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
immigrants' needs for adult education
and literacy activities.
Change: None.
463. 3 What definitions apply to the
Adult Education and Family Literacy
Act programs?
Proposed§ 463. 3 identified 31 terms
used in WIOA that pertain to AEFLA. In
some instances, the terms, as defined in
titles I and II, apply across all six of the
programs authorized or amended under
WIOA, including the Adult, Dislocated
Worker, and Youth programs (title I of
WIOA); AEFLA( title II of WIOA); the
Employment Service program under the
Wagner-Peyser Act of 1933 (title III of
WIOA); and the Vocational
Rehabilitation program authorized
under title I of the Rehabilitation Act of
1973 ( title IV of WIOA) (together, " core
programs"). In other instances, the
terms are specific to AEFLA, title II of
WIOA. Proposed§ 463. 3 is intended to
assist AEFLA grantees by centralizing
relevant definitions into one section.
Proposed§ 463. 3 also identifies terms
found in EDGAR that apply to State
grant programs and that are relevant to
AEFLA. Seven additional terms used in
WIOA are not explicitly defined
elsewhere. We have listed and defined
these terms under" other definitions" to
clarify their meaning for purposes of the
AEFLA program.
Concurrent Enrollment
Comments: One commenter
concurred with our proposed definition
but noted that other sections of the
proposed regulations referred to six,
rather than four, core programs. This
allowable educational programs for
criminal offenders in correctional
institutions and other institutionalized
individuals.
Through the definition of concurrent
enrollment, we clarify that
Postsecondary education is not an
allowable use of AEFLA funds under
§ 463.60(b)( 6). Finally, we agree with
the commenter who suggested that we
not limit the definition of concurrent
enrollment only to this subpart F.
Change: We have revised the
definition of" concurrent enrollment" in
§ 463. 3 to correct the reference to core
programs to six rather than four. We
have also removed the limitation on this
definition applying to only subpart F.
Reentry Initiatives and Post Release
Services
Comments: Regarding the definition
of" reentry initiatives and post release
services," one commenter objected to
the proposed definition' s reference to
release from prison. This commenter
suggested that replacing prison with the
term correctional institution as defined
in WIOA would not unnecessarily limit
reentry services.
Discussion: We appreciate the
comm.enter' s desire to.maintain
maximum flexibility in providing
reentry services and agree that the final
rule should not unnecessarily limit
these services.
Change: We have revised the
definition of" re-entry and post-release
services" in§ 463. 3 to apply to release
from a correctional institution.
commenter asked that the proposedComments: One commenter suggesteddefinition be revised to be consistent that the statutory definition of" basic with other related regulations. Two skills deficient" be expanded in final
commenters stated that co-enrollmentregulations to provide additional time
should not be limited to the corefor both adults who have not taken
programs and should includestandardized tests and adults with
postsecondary education and training.
Additionally, in a comment under
463. 22 ( see below) a commenter
suggested that we remove the limitation
of the definition to this subpart F only.
Discussion: We appreciate the
suggestion supporting consistency
throughout the proposed regulations
and agree that in the proposed
definition of concurrent enrollment we
should have referred to six, rather than
four, core programs. We also note that
when we originally proposed this
definition we stated that it was for
purposes of administration of the
AEFLA program and that we
acknowledged that in practice the term
often had a wider meaning. We also
originally proposed the definition
specifically for purposes of this subpart
F in which proposed § 463.60(b) listed
undiagnosed learning disabilities.
Discussion: We appreciate the
commenter' s concern for being able to
Provide optimal supports for adults who
may be unfamiliar with standardized
testing and adults with learning
disabilities. We have reviewed the
definitions of both" individual with a
barrier to employment" in section 3( 24)
of the Act and" individual with a
disability" in section 3( 25) of the Act
and conclude that they are adequate to
include adults with learning disabilities
and adults who may be unfamiliar with
standardized testing. We also note that
section 504 of the Rehabilitation Act of
1973 requires that eligible providers
provide appropriate test
accommodations as needed.
Change: None.
Subpart C— How does a state make an
award to eligible providers?
§ 463.20 What is the process that the
eligible agency must follow in awarding
grants or contracts to eligible providers?
Proposed§ 463. 20 describes the
process that an eligible agency must
follow when awarding grants or
contracts to eligible providers. WIOA
retains the WIA requirement that an
eligible agency award multiyear grants
or contracts on a competitive basis to
eligible providers for the purpose of
developing, implementing, and
improving adult education within the
State or outlying area. WIOA also
retains the WIA requirement that an
eligible agency ensure that all eligible
providers have direct and equitable
access to apply and compete for grants
and contracts under AEFLA. Title II of
WIOA further requires an eligible
agency to use the same grant or contract
announcement and application
processes for all eligible providers in the
State or outlying area. Under WIA,
when awarding grants under AEFLA,
State eligible agencies were required to
consider 12 factors. WIOA revises these
12 factors and adds one additional
factor relating to the alignment between
proposed activities and services and the
strategy and goals of the local plan, and
the activities and services of the one-
stop partners. Eligible agencies must
also consider under WIOA the
coordination of the local education
program with available education,
training, and other support services in
the community.
Comments: One commenter expressed
support for proposed§ 463. 20, but noted
that that the description of individuals
in the community who are identified as
most in need of adult education no
longer contains a stipulation for
determining an individual' s need based
on income. The commenter
recommended that, since WIOA
requires the alignment between
proposed activities and services and the
strategy and goals of the local plan,
States be allowed flexibility to
implement additional factors such as
income when determining most in need.
Discussion: We appreciate the
commenter' s concerns for meeting the
education and employment needs of
low-income individuals. While WIA
explicitly required that, in awarding
grants or contracts under title II, the
eligible agency must consider 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, WIOA does not explicitly contain
55532 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
such a requirement for consideration. awarding grants or contracts to eligible support for this goal. Many of these
However, § 463. 20( d) does require that providers. While we appreciate the commenters added that it was essential
for the State to set consistent guidelines
to which the eligible provider would be robust local partnerships to support and uniform procedures. One of these
responsive to serving individuals in the successful WIOA implementation, we commenters further suggested that the
community who were identified in the do not believe that we have the Department require States to (1)
local plan as most in need of adult implement a standardized process for
the eligible agency consider the degree commenters' support for developing
authority to add additional required
education. The local plan must include considerations beyond the 13 specified use statewide, ( 2) develop a
an analysis of the education and skill in WIOA. We agree that the strategies standardized rubric for Local WDBs to
levels of the workforce, including suggested by commenters can support use in implementing the process, and
individuals with barriers to robust partnership development. We ( 3) develop the process in consultation
employment. Section 3 of the Act further note that§ 463. 20 does not with Local WDBs. Some of these
includes low-income individuals as one preclude eligible providers from commenters raised concerns about
population in the definition of engaging in these strategies. Co-adequate time for the local WDB to
individuals with barriers to conduct its review as outlined inenrollment and braided funding may be
employment. We believe the ways in which an eligible provider proposed§ 463. 21, and one commenter
requirement for an eligible agency to demonstrates that it meets the suggested that we expand the language
consider the extent to which an eligible requirements of§ 463. 20( d)( 4) or in proposed§ 463. 21 to include a
requirement for the Local WDBs toprovider is responsive to serving those § 463. 20( d)( 10). Similarly, engagement
individuals identified in the local plan with public television stations may be complete their reviews by a date
as needing adult education, combined one of the ways in which an eligible specified by the eligible State agency.
with local plan requirements to serve provider demonstrates to the eligible Discussion: We appreciate
those with barriers to employment, will commenters' support for the goal ofagency that it meets the requirements of
result in better access to education and § 463. 20( d)( 10). improved alignment between local
Change: None. workforce development plans and adulttraining for all individuals with barriers
to employment, including low-income education service delivery. We agree463. 21 What processes must be in individuals. Therefore, consistent with that it is important that States set place to determine the extent to which the needs identified in the approved consistent guidelines and uniform a local application for grants or Unified or Combined State Plan, we procedures. We also acknowledge that contracts to provide adult education believe States have the flexibility to there is diversity among States and localand literacy services is aligned with aimplement additional factors such as workforce development areas. As a local plan under section 108 of WIOA?income when determining most in need. result of this diversity, we believe there
We remind States that choose to is a need to provide States withWIOA promotes coordination
implement such additional factors of the between the Local WDBs and adult flexibility in meeting the statutory
requirement in section 223( c) of WIOA education providers by requiring in requirements for Local WDBs to review
section 107(d)( 11)( B)( i) that the local eligible providers' applications forto identify to eligible providers that the WDB review applications for AEFLArule or policy is being imposed by the consistency with the local workforce
State. funds submitted to the eligible agency development plan and make
Change: None. by eligible providers to determine recommendations to the eligible agency
Comments: Another commenter whether the application is consistent to promote alignment with the plan. We
expressed support for proposed with the local workforce plan, and to believe that adding the level of
463. 20, which included a restatement make recommendations to the eligible specificity suggested by commenters
of the 13 considerations that State agency to promote alignment with the will limit States' flexibility in meeting
eligible agencies must take into account local workforce plan. Proposed§ 463. 21 the statutory requirements.
in making awards to eligible providers. required an eligible agency to establish Change: None.
The commenter asked the Department to procedures for the Local Board review Comments: One commenter stated
in its grant or contract application that neither section 107 nor section 232consider adding two additional
considerations intended to support process and also established the type of of WIOA prescribed the time frame or
partnership development among core documentation that must accompany the method for local WDB review or
programs— one addressing co-the application. The proposed dictated the manner in which Local
regulations also required the eligible WDBs should make recommendations.enrollment and another addressing
braided funding. Other commenters agency to consider the results of the The commenter maintained that, as
suggested that we add an additional local WDB review in determining the proposed, § 463. 21 would require an
consideration: Whether the eligible extent to which the application eligible provider to first submit its
addresses the requirements of the local application to the local WDB. Theentity has a comprehensive plan to
publicize the availability of adult plan developed in accordance with commenter felt that this requirement
education programming and the section 108 of WIOA. The purpose of was too restrictive and that States
the proposed regulation is to establishcapacity to ensure ongoing should be afforded the ability to develop
communication, where appropriate, uniform procedures within the State operational processes to ensure
through partnerships or coordination and outlying area for a local WDB to alignment, consistent with sections 107
with other entities, including public review an application and to ensure that and 232 of WIOA.
television stations. These same Discussion: We agree with thethe eligible agency considers the review
commenters suggested that we amend in its award of grants and contracts for commenter that, as proposed, § 463. 21
presumed rigid sequence of stepsproposed§ 463. 20( d)( 10) to include adult education and literacy activities. a more
public television stations. Comments: Multiple commenters for the submission of eligible providers'
Discussion: We note that proposed stated that proposed§ 463. 21 supported applications to Local WDBs that might
463. 20 restated the statutory improved alignment between local not be optimal for all States.
workforce development plans and adult Change: We have revised§ 463. 21( a)requirements regarding the process that
the eligible agency must follow in education providers and expressed their and( b) to allow States more flexibility
55533Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
for organizing and overseeing a process
for Local WDBs to review eligible
providers' applications for alignment
with the local workforce development
plan and to make recommendations to
the eligible agency to promote
alignment with the local plan.
Comments: Other commenters, while
supportive of the goal of improved
alignment, also expressed concern
regarding whether the requirement for
Local WDBs to review eligible
providers' applications for alignment
with the local workforce development
plans might be realistically
implemented in large urban areas with
multiple eligible providers submitting
applications to provide adult education
and literacy activities. Some of these
commenters proposed alternative means
to achieve the desired alignment. For
example, one commenter suggested
alternative approaches such as, engaging
all eligible providers within a local
workforce development area in the
creation of the local or regional
workforce development plan, recruiting
local WDB members to serve on adult
education advisory councils, and
specifying roles and responsibilities of
required partners in local memoranda of
understanding( MOUs). Another
commenter suggested substituting the
requirement for local WDB review of
eligible providers' applications for
documentation of the eligible provider' s
involvement in the development of the
local workforce development plan.
Discussion: We understand
commenters' concern regarding
implementing the new requirement for
Local WDBs to review applications for
title II funds submitted to eligible
agencies by eligible providers. Final
463. 20 provides an eligible agency
with flexibility to implement this new
requirement, consistent with section
107( d)( 11)( B)( i) of WIOA. The final
regulations ensure all applications
within a State are treated the same in
the local WDB review process. The Act
explicitly requires Local WDBs to
review applications, and the
Department is unable to include in the
regulations any alternative review
process that eliminates this
requirement, such as those suggested by
commenters.
Change: None.
Comments: A few commenters
requested that we provide guidance on
how to implement the requirements of
proposed§ 463. 21 in single State areas.
Some commenters suggested that the
Department would need to consider
flexible options that respond to States
where regional consortia or workforce
advisory groups perform some of the
duties of Local WDBs. Other
commenters suggested that State
workforce development boards should
be required to review preliminary
decisions by the eligible State agency
before funds are awarded and that this
could be accomplished by State
workforce development board
representation on grant review
committees.
We also received comments
expressing concerns over the Local
WDB' s ability to avoid conflicts of
interest and remain impartial in the
conduct of the review of eligible
providers' applications for alignment
with local workforce development
plans. To avoid such conflicts of interest
at the local level, one commenter
suggested that the final rule require that
the State workforce board has a right to
review eligible providers' applications
prior to the State eligible agency issuing
awards.
Discussion: Final § 463. 21 recognizes
the diversity among States, including
single State areas, and provides
flexibility in how a State establishes a
process to determine the extent to
which a local application for grants or
contracts to provide adult education and
literacy services is aligned with the
local plan under section 108 of WIOA.
WIOA does not, however, allow the
Department to consider options that
would have the effect of replacing local
WDB review and recommendations with
those from an alternate body or group.
Additionally, AEFLA authorizes the
eligible agency to award grants and
contracts for adult education and
literacy activities. In doing so, the
eligible agency must consider a set of
factors in the award of those grants or
contracts, which include the degree to
which the eligible provider would be
responsive to the regional needs
identified in the local plan. Section
463. 21 describes how the eligible
agency establishes a process for local
WDB review in the grant or contract
competition and considers the results of
the review in its funding decisions. An
additional requirement for the local
WDB or State Workforce Development
Board to review preliminary funding
decisions by the eligible agency would
diminish the authority of the eligible
agency provided in statute. An eligible
agency, however, has the flexibility to
determine its application review process
consistent with title II requirements,
including determining how grant or
contract applications are reviewed and
providing safeguard measures to
facilitate objective review and avoid
conflicts of interest.
Change: None.
Comments: Two commenters
expressed a concern that proposed
463. 21 would enable Local WDBs to
determine which eligible providers
would have the opportunity to submit
applications to the State eligible agency
or which applications the State eligible
agency could fund.
Some commenters expressed concerns
regarding expertise of the local WDB in
adult education, and questioned its
ability to adequately review eligible
providers' applications. One of these
commenters suggested that independent
adult education experts be invited to
assist Local WDBs in conducting their
reviews of eligible providers'
applications. The commenter suggested
that we expand the proposed rule text
to explicitly encourage this practice.
Discussion: We agree with
commenters' concerns that local WDB
reviews do not diminish the authority
provided in AEFLA of the eligible
agency to make funding determinations
based on a variety of requirements
contained in§ 463. 20. The purpose of
the local WDB review of an eligible
provider application is to determine
whether such plans are consistent with
the local plan under section 108 of
WIOA and to make recommendations to
the eligible agency to promote
alignment with such a plan. The eligible
agency must consider the results of the
review along with other statutory
considerations in making funding
decisions. The Department believes that
only appointed local WDB members
who do not have a conflict of interest as
defined in section 107(h) of WIOA are
allowed to participate in the review of
an eligible provider application. The
rule does not preclude the local WDB
from offering training to board members
by adult education experts prior to
participating in the review process and,
therefore, a change to the regulations is
not necessary.
Change: None.
§ 463.22 What must be included in the
eligible provider's application for a
grant or contract?
Proposed§ 463. 22 identifies what an
eligible provider must include in its
application for a grant or contract under
AEFLA. An eligible provider must
provide the information and assurances
required by the eligible agency. The
eligible provider must also describe how
it will: Spend funds consistent with the
requirements of AEFLA; provide
services in alignment with the local
plan required under section 108 of
WIOA, including promotion of
concurrent enrollment with title I
services; fulfill one-stop partner
responsibilities; meet adjusted levels of
performance based on the newly-
established primary indicators of
55534 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
performance in section 116(b)( 2)( A)(i) of levels of performance for the first two enrollment, and delivery of digital
WIOA and collect data to report on program years of the initial four-year literacy and distance learning
performance indicators; and provide Unified or Combined State Plan. For programming for one-stop customers.
services to meet the needs of eligible PYs 2016-17 and 2017-18, the Discussion: We agree with the
individuals. Eligible providers must also Department will negotiate adjusted commenter' s suggestion that best
levels of performance with States for practice strategies would be helpful todescribe any cooperative arrangements
that they have with other entities for the one indicator for the AEFLA program— States as they implement one-stop
delivery of adult education and literacy the measurable skill gain indicator. The provisions. However, we disagree that
activities and provide other information Department will collect baseline data for these regulations are the appropriate
that addresses the 13 considerations the other five primary performance place for providing such best practices.
outlined in§ 463. 20. indicators during this period. The Department will assist in making
Comments: Regarding proposed We are unable to add language to best practices and examples available
463. 22( a)( 3), one commenter suggested § 463. 22( a)( 4) that would establish through technical assistance.
additional indicators of performance Change: None.
Comments: Three commenters
that the description of providing
services in alignment with local because the primary indicators of
suggested that we redesignateworkforce plans, including promotion of performance are specified in section 116
concurrent enrollment with title I of WIOA. A State may identify 463. 22( a)( 10) to § 463. 22( a)( 11) and
services should include specific additional indicators of performance in insert the following for§ 463. 22( a)( 10):
reference to concurrent or co-the State plan, but these additional how the eligible agency, either directly
enrollment, as we defined these terms in indicators are not subject to negotiation or in partnership or coordination with
proposed§ 463. 3, that is concurrent or with the Department. In cases where a other agencies, institutions, or
co-enrollment as enrollment in two or State has identified additional organizations, will provide for the
more WIOA core programs. indicators of performance in its State delivery of adult education and literacy
Discussion: We agree with the plan, section 232 of the Act provides the services across multiple platforms, such
commenter that the definition of as television, internet based, and placeState with the flexibility to include in
concurrent enrollment contained in its application for funds a requirement based.
463. 3 should also be applied to for eligible providers to describe how Discussion: We appreciate the
sections other than subpart F. commenter' s suggestions to emphasizethey will meet such additional
Change: We have revised the performance indicators. partnerships that provide adult
proposed definition to remove the Change: None. education and literacy services across
limitation that it applies only to this Comments: Regarding proposed multiple platforms. We agree that such
subpart F. 463. 22( a)( 5)( i), one commenter partnerships have the potential of
Comments: Regarding proposed questioned what we meant by providing enhancing access to these services and
463. 22( a)( 4), several commenters access through the one-stop delivery remain committed to improving access
expressed concern about eligible system to adult education and literacy to services. However, based on the
providers' ability to meet this activities. This commenter stated that in requirements of section 232 of WIOA,
requirement before data on the new areas where adult education providers § 463. 22 contains items that are
WIOA performance indicators becomes and one-stop operators had minimal statutorily required to be in an eligibleavailable. One commenter suggested interactions under WIA, such providers provider' s application for a grant or
that the Department amend proposed will need time to establish the kind of contract, including information that the 463. 22( a)( 4) to enable eligible working relationships now explicitly eligible agency may require. The providers to describe how they will required under WIOA. The commenter Department cannot require additional
meet additional performance indicators expressed the hope that the Department items.
related to self-sufficiency and family would acknowledge that such a Change: None.
literacy. transformation would require a period
Discussion: We understand the 463.23 Who is eligible to applyfor aof transition. grant or contract for adult educationcommenters' concerns about the Discussion: We appreciate the
and literacy activities?availability of data for the primary commenter' s concerns about the time
indicators of performance. We recognize needed to transform relationships Proposed§ 463. 23 lists the
that data on all indicators will not be among partner programs in the one-stop organizations that are eligible to apply
available until after eligible agencies are for a grant or contract to provide adultdelivery system and recognize the need
required to conduct competitions under for technical assistance and guidance as education and literacy activities, as well
subpart C. However, the requirement in the workforce system implements as the 10 organization types that may be
463. 22( a)( 4) is to provide a description eligible providers, two of which are aexpanded partnership requirements.
of how the eligible provider will meet The Department is committed to consortium or coalition of organization
the State' s adjusted levels of providing on-going assistance to States types and a partnership between an
performance rather than to demonstrate employer and eligible entities. Proposedin achieving a vision of increased access
463. 24 further permits otherthat it has met the State' s adjusted levels to high-quality services through the one- §
of performance. Additionally, the stop delivery system. organization types, even if not
Department issued Program Change: None. specifically listed, to apply as eligible
Memorandum OCTAE 16- 02, Comments: Regarding proposed providers if they meet the demonstrated
Establishing Expected Levels of 463. 22( a)( 5)( ii), one commenter effectiveness requirement.
Performance and Negotiating Adjusted suggested that the regulations provide Comments: A few commenters
Levels of Performance for Program Year best practice strategies for title II eligible suggested that we expand the list of
PY) 2016-17 and 2017-18. In this providers to use a portion of funds potential eligible providers in proposed
guidance we note that the Department is under WIOA to maintain the one-stop § 463. 23. Some of these commenters
stated that public television stationsusing transition authority under section delivery system. This commenter
503( a) of WIOA to establish a phased-in suggested that examples of these best have demonstrated a commitment and
practices might include co-location, co-approach of negotiating and setting ability to provide necessary and relevant
55535Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
adult education services and suggested individuals who are basic skills Change: We have revised§ 463. 24 to
that we expand the list in proposed deficient, individuals who do not have clarify that an eligible provider that has
463. 23 to include public television a secondary school diploma or its not been previously funded under title
stations as potential eligible providers of recognized equivalent, and English II of WIOA may demonstrate
adult education and literacy services. language learners. We also included the effectiveness by providing performance
One commenter suggested that we might requirement to pay particular attention data related to its record of improving
better assist States' efforts to develop to past effectiveness in serving eligible the skills of eligible individuals,
employer-driven workforce individuals who have low levels of particularly eligible individuals who
development systems by expanding the literacy. We also note that the final rule have low levels of literacy, in the
list in proposed§ 463. 23 to include does not preclude a State from also content domains of reading, writing,
employers. Another commenter considering other subpopulations that mathematics, English language
suggested that we add non-profit labor may have been identified in the State' s acquisition, and other subject areas
unions to the list as well. unified or combined plan. We believe relevant to the services contained in the
Discussion: We appreciate the that any further delimitation of the State' s application for funds.
suggestions to add to the list of potential types of individuals served in the past Comments: One commenter suggested
eligible providers. We believe the that we revise proposed§ 463. 24 tomight limit States' flexibility to respond
statutory language is flexible enough to to emerging needs within a State, require three years of past performance
cover other non-profit organizations and data and that we include past data onregional or local economy. Additionally,
entities, such as those identified by creating special consideration for student persistence as well. The
commenters, and that it is therefore certain eligible providers would violate commenter suggested that we consider
unnecessary to identify additional, the requirement in the Act that eligible using an eligible provider' s post-test rate
specific organizations or entities. providers have direct and equitable as an indicator of student persistence.
Change: None. Another commenter supportive ofaccess to apply for funds. As in the past,
463.24 How must an eligible provider the Department expects to provide eligible providers using past
training and technical assistance to performance data to establish that theyestablish that it has demonstrated
eligible agencies. have demonstrated effectiveness effectiveness?
Change: None. suggested that we also include a
To ensure that programs are of high Comments: Many commenters requirement to provide data on co-
quality, proposed§ 463. 24 would supportive of proposed§ 463. 24 were enrollment in other core programs as
further clarify how an organization also concerned about the lack of past well as postsecondary career and previously funded under title II of performance data on WIOA performance technical education.
WIOA, as well as an organization not accountability indicators during the Discussion: We appreciate the
previously funded under title II of initial years of WIOA implementation. commenters' recommendations to
WIOA, could demonstrate effectiveness These commenters suggested that we include additional requirements in
by providing performance data in its revise § 463. 24 to enable eligible 463. 24 to be used in determiningapplication. This clarification would providers to establish that they have demonstrated effectiveness. However,
help States conduct fair and equitable demonstrated effectiveness using we believe the proposed regulation
grant competitions for all eligible applicable performance measures from provides reliable data on participant
providers. outcomes that are reflective of programthe most recent reporting period.
Comments: Multiple commenters Discussion: We recognize concerns effectiveness. The requirement to
expressed support for the requirement about the availability of performance provide three years of data and
to use past performance data to establish data under WIOA in the initial years of inclusion of additional factors would
demonstrated effectiveness. Several of WIOA implementation and limit flexibility for States and eligiblethese commenters also suggested that acknowledge that full performance data providers.
we add a requirement to specify past on WIOA primary indicators of Change: None.
performance data with particular performance may not be available when Comments: One commenter suggested
subpopulations, for example learning eligible providers are making initial that we expand proposed§ 463. 24 to
disabled adults or English language applications for funding. However, we include § 463. 24( d), which would state
learners. One of these commenters believe that§ 463. 24 provides an that the title II eligible State agency is
suggested that the final regulations alternative for applicants that may not responsible for defining how both
allow for special consideration of current and new applicants arehave WIOA primary indicators of
eligible providers that have worked with performance data available. The evaluated in the grant competitions
adults having the lowest levels of regulations allow any eligible provider when determining demonstrated
educational attainment. A few that has never been funded under title effectiveness.
commenters suggested that the II of WIOA, which would include all Discussion: We agree with comments
Department issue non-regulatory eligible providers during the initial that recognize that the eligible agency
guidance to assist States and potential years of WIOA, to provide performance for title II is responsible for determining
eligible providers in better data to demonstrate its effectiveness in if an applicant is of demonstrated
understanding what specific types of serving basic skills deficient eligible effectiveness. Section 463. 20 makes
data may be used to meet the individuals, including data clear that the eligible agency is
requirements in proposed§ 463. 24. demonstrating a record of success on responsible for awarding grants and
Discussion: We appreciate the outcomes related to improving the skills contracts to eligible providers within
commenters' support for using past of eligible individuals, particularly the State or outlying area to provide
performance data to establish eligible individuals who have low levels adult education and literacy activities
demonstrated effectiveness. We note of literacy, in the content domains of and the processes it must follow in
that in the NPRM, we specified data on reading, writing, mathematics, English doing so. We believe the rule is clear
past performance in improving the skills language acquisition, and other subject and that no further clarification is
of eligible individuals, as defined in areas relevant to the services contained necessary.
section 203( 4) of WIOA, which includes in the State' s application for funds. Change: None.
55536 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Comments: Two commenters
expressed concerns regarding the
requirement in proposed § 463. 24 for
eligible providers to establish that they
have demonstrated effectiveness based
upon past performance data. These
commenters felt that this requirement
limited potential eligible providers to
organizations with past experience
providing adult education and literacy
services. These commenters felt that
proposed§ 463. 24 did not provide
eligible providers the opportunity to
demonstrate capacity for effectiveness.
One of these commenters stated that
proposed§ 463. 24 limited a State' s
ability to cultivate or develop new
eligible providers of adult education
and literacy services. According to this
commenter, the requirement in
proposed§ 463. 24 that an eligibleg
provider establish that it has
demonstrated effectiveness based upon
its past performance data did not allow
for States to consider new providers
with qualified staff but no pastone-stop partner responsibilities
performancedata. The commenter
suggested that there may be
circumstances in which States may
want the flexibilityto consider the past
performance data of individual
members of an eligible provider' s
proposed staff rather than the
organization as a whole.
Another commenter stated employers,
in particular, as potential eligible
providers might have a difficult time
meeting the past performance data
requirements set forth in proposed
463. 24 and suggested we consider the
postsecondary education practice of
establishing demonstrated capacity to
provide effective education and
occupational training services.
One commenter suggested that we
revise proposed § 463. 24 to allow
flexibility for equivalent past
performance data with similar
subpopulations and institute a
provisional year for funding eligible
providers able to present adequate
equivalent past performance data until
more relevant past performance data on
actual adult education and literacy
services with particular subpopulations
becomes available.
Discussion: We agree with
commenters who expressed concern
that the requirement to demonstrate past
effectiveness should not limit qualified
eligible providers from competing for
grants and contracts to provide adult
education and literacy services. The
regulation establishes uniformity for
how past effectiveness is determined so
that all eligible providers are treated
fairly in the grant competition. Section
463. 24 provides an opportunity for an
eligible provider who does not have
performance data as defined in the Act
to demonstrate past effectiveness by
providing data that demonstrates it has
been previously effective in serving
basic skills deficient eligible
individuals. This data may demonstrate
past effectiveness in improving reading,
writing, mathematics, English language
acquisition and other subject areas
relevant to services contained in the
State' s application for funds. We believe
this provides flexibility for how an
applicant may meet the statutory
requirement for having demonstrated
effectiveness. In regard to
recommendations made to require
demonstrated effectiveness related to
specific subpopulations, we believe the
provision in § 463. 24 for an application
to demonstrate effectiveness in subject
areas relevant to the State' s application
allows the State the flexibility to garner
such information, as appropriate. We
are not able to substitute" establishing
demonstrated capacity to provide
effective educational and occupational
training services" or to substitute past
effectiveness of staff since such a changewould not meet the Act' s requirement
for demonstrated effectiveness.
Additionally, we do not believe that
institutinga provisionalyear for eligibleg
providers to gather data meets the Act' s
requirement for demonstrated
effectiveness based upon past
Performance.
Change: None.
Comments: One commenter
questioned the clarity of proposed
463. 24 and suggested that we make
clear that proposed§ 463. 24(b) and( c)
are intended to specify means by which
eligible providers might meet the
requirements in§ 463. 24( a), and are not
additional data submission
requirements.
Discussion: We agree that§ 463. 24( b)
and( c) are not intended to result in
additional data submission
requirements, but rather that the eligible
agency must make a means available in
the application process for eligible
providers to present such data in the
application for a grant or contract.
Change: We have revised§ 463. 24 to
more clearly indicate that proposed
463.24(b) and( c) are two ways in
which eligible providers might meet the
requirements in§ 463. 24( a).
463.25 What are the requirements
related to local administrative cost
limits?
Comments: None.
Discussion: As part of the formal
clearance process, we identified a need
to clarify§ 463. 25 to better align with
the final joint regulations.
Change: We revised § 463. 25 to clarify
that the eligible agency may increase the
amount that can be spent on local
administration in cases where the cost
limits are too restrictive to allow for
specified activities.
463.26 What activities are considered§
local administrative costs?
Comments: One commenter expressed
support for proposed§ 463. 26. The
remainder of the comments that we
received regarding proposed§ 463. 26
focused specifically on§ 463. 26( e).
While commenters supported the use of
administrative rather than program
funds, these commenters also expressed
concern regarding the adequacy of the
available local administrative funds to
cover AEFLA program administration
costs and theprovisions ofproposed § 463. 26( e)— i.e., carrying out the one-
responsibilities describedties
in the proposedosedjoint regulationsns about
including contributing to the
infrastructure costs of the one-stop
delivery system. Some commenters
suggested limiting the amount of local
administrative funds that could be used
for carryingg out the partner
responsibilities described in§ 678. 420
includingcontributingto the
infrastructure costs of the one-stop
deliverysystem to not more than p. 5Y
percent of an eligible provider' s total
AEFLA funding. One commenter
suggested that the cap on administrative
funds be raised in order to meet the
requirements of proposed§ 463. 26( e).
Another commenter suggested that
additional guidance on contributions to
the infrastructure costs of the one-stop
delivery system was needed.
Discussion: We acknowledge the
concern expressed by some commenters
regarding the adequacy of funds
available to cover local administrative
costs, particularly as it relates to
carrying out one-stop partner
responsibilities. The proposed joint
regulation describing the local funding
mechanism for one-stop infrastructure
costs reiterates that the amount of local
administrative funds that may be used
for one-stop infrastructure costs must be
based on proportionate use of the one-
stop delivery system and relative benefit
received. Additionally, as stated in
463. 25, in cases where the eligible
provider believes the 5 percent
limitation on administrative costs is too
restrictive to allow for administrative
activities, including the partner
responsibilities to support the one-stop
delivery system, the eligible provider
may negotiate with the eligible agency
to determine an adequate level of funds
55537Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
to support non-instructional activities.
We conclude, therefore, that§ 463. 25
gives eligible providers adequate
flexibility to address the commenters'
concerns.
We appreciate the commenter' s
request for guidance on contributions to
the infrastructure costs of the one-stop
delivery system. We are working with
our partners at the U.S. Department of
Labor to develop joint guidance and
technical assistance to states on the
implementation of the infrastructure
cost provisions.
Change: None.
Subpart D— What are adult education
and literacy activities?
463. 31 What is an English language
acquisition program?
Proposed§ 463. 31 restates the
statutory requirement in section 203( 6)
of WIOA that an English language
acquisition program under the Act be
designed to help English language
learners achieve competence in reading,
writing, speaking, and comprehension
of the English language. It also clarifies
program must lead to the attainment of
a secondary school diploma or its
recognized equivalent, and transition to
postsecondary education or training, or
lead to employment.
Comments: Multiple commenters
expressed support for the statutory
requirement( restated in proposed
postsecondary education or training, or
lead to employment.
Discussion: We appreciate the support
of commenters who stated that the new
statutory requirement for an English
language acquisition program to lead to
attainment of a secondary school
diploma or its recognized equivalent
and transition to postsecondary
education and training, or employment,
supports the successful implementation
of career pathways programs. We do not
agree that this new requirement
contradicts the retention of family
literacy as an adult education and
literacy activity under the Act. We
acknowledge that students participate in adult education and literacy activities—
including family literacy and English
language acquisition—for a variety of
reasons, not all of which are related to
credential attainment, a transition to
postsecondary education, or
employment. However, we do not
believe that the statutory requirement
that the English language acquisition
program must lead to attainment of a
secondary school diploma or its
recognized equivalent, transition to
postsecondary education and training,
or employment, precludes serving
eligible individuals whose primary
motivation for participating in the
program is to support the educational
development of their children.
Moreover, § 463. 1( b) clarifies the
appropriateness of serving such eligible
individuals. We believe that it is clear
463. 31( b)) that an English languagegthat English language acquisition
acquisition program must lead toprograms should not discourage or
attainment of a secondary school
diploma or its recognized equivalent
and transition to postsecondary
education and training, or employment.
These commenters stated that this
requirement would support successful
implementation of career pathways
programs. Other commenters stated that
this new requirement seemed to
contradict the retention of family
literacy activities as an express purpose
under the Act. These commenters stated
that eligible providers funded under the
Act provide English language
acquisition services to English language
learners whose primary reason for
participating is to support the
educational development of their
children, and who may not have
immediate goals related to employment
or postsecondary education.
Commenters suggested that we revise
proposed§ 463. 31( b) such that the
program of instruction must lead to
documented improvement in literacy
levels for the purposes of family
literacy, or the attainment of a
secondary school diploma or its
recognized equivalent and transition to
exclude eligible individuals from
participation, regardless of whether they
are seeking a secondary school diploma
or its recognized equivalent, or
transition to postsecondary education or
training or employment. We do not
believe that we have the authority to
expand the statutory requirement by
adding a family literacy-specific
requirement for English language
acquisition programs to the final
regulations. We also note that through
the measurable skill gains performance
indicator, documented improvements in
literacy levels are already inherently a
part of all adult education and literacy
activities reported in the NRS.
Change: None.
Comments: A few commenters
interpreted proposed § 463. 31( b) to
mean that adult English language
learners are expected to attain a
secondary school diploma or its
recognized equivalent and transition to
postsecondary education or training, or
obtain employment within a program
year. These commenters expressed
concerns regarding the feasibility of
such an expectation and noted that it
was inconsistent with the Act' s intent to
serve eligible individuals who are basic
skills deficient. One of these
commenters expressed a concern that
the perception that participants were
meant to achieve the outcomes in
proposed§ 463. 31( b) within a program
year might result in lower-skilled
individuals not being served. This
commenter suggested that the
Department provide guidance on how
eligible providers can provide English
language acquisition services to lower-
skilled learners in accordance with the
requirements of proposed§ 463. 31.
Discussion: We appreciate the
commenters' concerns for continuing to
serve all levels of English language
learners, including lower-skilled
individuals and individuals who are
basic skills deficient. We agree that
continuingto serve these Englishg
languagee learners is consistent with theg
intent of the Act. We believe that this
is reinforced in 463.20 d)( 1) and (d)( 2)
through the considerations that eligible
agencies must take into account in
awardinggrants and contracts to eligibleg
roviders. We also believe the flexibility
that we provide English language
acquisition programs in 463. 32 to meetq P g
the requirement in 463. 31 b) furtherq
supports eligible providers' abilitytopp g
serve English language learners at all
levels, including lower-skilled
individuals and individuals who are
basic skills deficient.
Change: None.
Comments: Numerous commenters
expressed concerns that some English
language learners already have
secondary( and, sometimes
postsecondary) credentials from their
native countries, while others are
already employed upon enrollment in
English language acquisition activities.
Thus, such individuals may not be
seeking English language acquisition
services for reasons related to the
attainment of a secondary school
diploma( or its recognized equivalent),
transition to postsecondary education
and training, or employment, and,
therefore, would not be eligible to
participate in English language
acquisition activities. These
commenters suggested that we delete
the phrase" that leads to" in§ 463. 31( b)
and substitute in its place the phrase
that provides opportunities that
include but are not limited to." Several
of these commenters also requested that
we provide additional guidance on how
English language learners with
secondary or postsecondary credentials
from their own country might be served
in an English language acquisition
program under WIOA.
55538 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Discussion: We appreciate the
commenters' concerns for continuing to
serve all levels of English language
learners including professionals with
degrees and credentials from their
native countries. As stated earlier, we
do not believe that the statutory
requirement that the English language
acquisition program must lead to
attainment of a secondary school
diploma or its recognized equivalent
and transition to postsecondary
education and training or employment
precludes serving eligible individuals
whose primary motivation for
participating in the program is other
than credential attainment or
employment-related. Section 463. 31( a)
states clearly that an English language
acquisition program is a program of
instruction designed to help English §
language learners achieve competencematerials."One commenter requestedintended to be an English language
in reading, writing, speaking,andthat we provide a timeline and expected acquisition program meet the comprehension of the English language. degree of alignment( as a percentage)requirement that the program lead to
We do not believe that the program required between a curriculum and
attainment of a secondary schooldesign requirements set forth in State adult education standards.diploma or its recognized equivalent Discussion: We appreciate the463. 31( b) are intended to limit servicesand transition to postsecondaryto particular types of students withcommenters'concerns regarding theeducation and training, or employment?particular goals or reasons for
Proposed§ 463. 32 seeks to establishparticipating. We believe that any how an English language acquisitioneligible individual who is an English
language learner, as defined in section
203( 7) of WIOA, can be served by an
English language acquisition program
and should not be dissuaded from
participation in such programs.
Additionally, eligible agencies and
eligible providers may want to consider
which adult education and literacy
activities—e.g., English language
acquisition or integrated English literacy
and civics education—best meet the
needs of particular English language
learners and, to the extent possible,
match services available to students'
needs.
Change: None.
Comments: One commenter expressed
support for what the commenter
described as the renaming of ESL
English as a Second Language) to ELA
English Language Acquisition).
Multiple commenters expressed a
concern over potential confusion that
might arise in adopting the acronym
ELA to represent English language
acquisition. According to these
commenters, the acronym ELA is
already widely used in education to
represent English language arts. Other
commenters requested that we allow
States to choose to continue using
extant nomenclature for English
language acquisition activities.
According to this commenter, States
should continue to he able to refer to
these services as English as a Second
Language ( ESL) or English for Speakers
of Other Languages (ESOL) consistent
with past practice within a particular
State.
Discussion: We appreciate the
commenters' concern for clarity and for
proactively avoiding any possible
confusion. We note that in proposed
463. 31 we restated terminology that is
in the Act. We did not propose using
any particular acronym to describe
services for English language learners.
We agree that States should continue to
be able to refer to services in a manner
that is most appropriate to the particular
circumstances within a State as long as
the program or services meet the Act' s
definition of English language
acquisition. We also note that we will
continue to use language that is
consistent with that used in the Act.
Change: None.
463. 32 How does a program that is "
program must meet the new
requirement that it lead to secondary
school completion( attainment of a
diploma or its recognized equivalent)
and transition to postsecondary
education and training or employment.
Section 463. 32 proposes that a program
may satisfy the requirement by using
rigorous and challenging adult
education standards that meet the requirements in the Unified or
Combined State Plan, providing
supportive services that assist an
individual to transition to
postsecondary education or training, or
designing the program to be a part of a
career pathway. These programs or
services have been identified as having
a positive impact on the successful
transition of adults to postsecondary
education and training and
employment. We invited public input
on these proposals and requested
suggestions regarding other methods
that may be used to meet the
requirement.
Comments: One commenter expressed
support for proposed§ 463. 32, stating
that it allows title II providers the
necessary flexibility to enable English
language acquisition programs to be part
of career pathways.
Discussion: We appreciate the
commenter' s support and agree that
§ 463. 32 allows eligible providers
flexibility to enable English language
acquisition programs to be part of career
pathways.
Change: None.
Comments: Several commenters
stated that proposed§ 463. 32( a) requires
States to have an English Language
Acquisition curriculum aligned with
State adult education content standards.
These commenters expressed concerns
that States do not have such a
curriculum, and that it might take
considerable time and additional
resources to develop such a curriculum.
One of these commenters noted that
some States are precluded by State law
from creating such a curriculum. These
commenters therefore recommended
that this requirement be removed or
modified. If we modified the
requirement, many of these commenters
suggested that we replace the word
curriculum" with the phrase
instruction and instructional
creation of State curricula for English
language acquisition programs. In
proposing§ 463. 32( a) we did not intend
to require States to have an English
language acquisition curriculum aligned
to the State' s content standards for adult
education. It was our intention to
propose that implementation of the
State' s content standards for adult
education would be one option for
meeting the requirement in§ 463. 31( b)
and that one way to demonstrate
implementation of the State' s content
standards for adult education was
through use of an aligned curriculum.
The proposed regulation does not
require that such a curriculum be a State
curriculum. Rather, it requires that a
curriculum be aligned with the State
adult education content standards. This
would allow flexibility for a curriculum
to be a local curriculum as long as it is
aligned with the State content
standards.
Change: We have revised§ 463. 32( a)
to clarify that a State or local
curriculum, lesson plans, or
instructional materials, if aligned with
State adult education content standards,
may demonstrate that an English
language acquisition program is
implementing the State' s content
standards for adult education.
Comments: Regarding proposed
463. 32( b), numerous commenters
expressed concerns regarding our use of
the term" supportive services."
Commenters noted that supportive
services are defined in section 3( 59) of
the Act. Commenters stated that few
adult education programs had sufficient
55539Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
funds to provide such services using level students can be part of a career suggested that the regulation should be
title II funds. Commenters suggested pathway. Multiple commenters revised such that all programs are
that we revise proposed § 463. 32( b) to suggested that we elaborate on the required to demonstrate that they meet
read as follows: Offer case management language in proposed§ 463. 32( c) to read proposed§ 463. 32( a) as well as either
or educational and career counseling as follows: Be part of a career pathway proposed§ 463. 32( b) or( c). Other
services that enable an eligible that includes at lower levels career-commenters encouraged the Department
individual to access support in order to infused provisions including infusing to maintain maximum flexibility in how
attain a secondary school diploma or its contextualizing instructions around English language acquisition programs
equivalent and transition to high demand job clusters in the area, might meet the statutory requirement
postsecondary education or integrating work readiness skills and that the program leads to attainment of
employment. One commenter supported integrating career awareness and a secondary school diploma or
our use of the term supportive services planning. One commenter suggested equivalent and transition to
as defined in WIOA stating that such that we add a definition of career postsecondary education and training or
services are often necessary to support pathways that includes an emphasis on leads to employment.
Discussion: We agree withstudents' attainment of a secondary pathways to jobs with family-sustaining
credential and transition to wages to the regulations. Other commenters that proposed§ 463. 32( a),
b), and( c) are all important to supportpostsecondary education and training. commenters requested that we clarify (
Discussion: We appreciate whether the term career pathways as low-skilled adults' advancement along
commenters' concerns regarding the use applied under proposed § 463. 32( c) career pathways. We also note that
of limited title II funds to provide requires coordination with career States' English language acquisition
supportive services. In proposing pathways being implemented by Local programs are diverse and have varying
463. 32( b), we did not intend that WDBs pursuant to section 107( d)( 5) of levels of programmatic capacity. While
eligible providers use title II funds to WIOA. larger, better-resourced programs might
provide supportive services as defined Discussion: We appreciate the be able to meet all three requirements
in section 3( 59) of the Act for the commenters' desire to understand how proposed in§ 463. 32, other programs
purpose of demonstrating that an English language acquisition programs that also contribute to adults'
English language acquisition program serving lower-skilled English language advancement along a career pathway
leads to attainment of a secondary learners can be part of a career pathway. might not be able to meet all three
school diploma or its recognized We have historically provided requirements. We therefore agree with
equivalent and transition to those commenters that urged us tosubstantive and on-going technical
postsecondary education and training or assistance on how adult education maintain maximum flexibility in how
leads to employment. It was our programs serving lower-skilled learners English language acquisition programs
intention that an English language can be designed to provide on-ramps might meet AEFLA' s requirement that
acquisition program could meet the and bridges to career pathways. We urge the program leads to attainment of a
requirement of§ 463. 31( b) by offering commenters to consult these resources secondary school diploma or its
educational and career counseling available through the Literacy recognized equivalent and transition to
services that enabled English language Information and Communication postsecondary education and training or
learners to transition to further System( LINCS) at http:// lincs.ed.gov/. leads to employment.
education or employment. While we While we agree that rephrasing Change: None.
agree with the commenter who stated § 463. 32( c), as proposed by some Comments: One commenter suggested
that supportive services are often commenters, is one way to describe how that we add an additional provision to
necessary to support students' an English language acquisition program allow programs to meet the requirement
attainment of a secondary credential might be part of a career pathway, we by offering health, financial, and general
and transition to postsecondary do not agree that it is, or should be, the literacy to promote self-sufficiency.
Discussion: We appreciate theeducation and training, we do not only way. We believe that the statutory
believe that supportive services, as that definition of career pathways is commenter' s response to our request for
term is defined in section 3( 59) of the adequate for English language alternatives to the three options we
Act, is an appropriate method to meet acquisition programs that opt for proposed. We also agree with the
the intent of§ 463. 32 or an appropriate § 463. 32( c) as a means to meet the commenter that the topics of health,
use of AEFLA funds. We encourage requirement that the program lead to financial, and general literacy to
eligible providers to collaborate with secondary school completion promote self-sufficiency are important
other required partners in the local for adult English language learners toattainment of a secondary school
workforce development area to provide diploma or recognized equivalent) and master. However, we do not believe that
participants access to appropriate transition to postsecondary education mastery of these topics alone necessarily
supportive services. and training or lead to employment. We leads to attainment of a secondary
Change: We have revised§ 463. 32( b) encourage English language acquisition school diploma or its recognized
to more clearly state our intent for how programs using this option to equivalent and transition to
eligible providers might demonstrate coordinate, as appropriate, with career postsecondary education and training or
that an English language acquisition leads to employment, as AEFLApathways being implemented by Local
program is meeting the requirement of WDBs pursuant to Section 107( d)( 5) of requires.
463. 31( b) by offering educational and WIOA. Change: None.
Change: None. Comments: Another commentercareer counseling services that enable
English language learners to transition Comments: One commenter stated expressed support for proposed§ 463. 32
to further education or employment. that proposed § 463. 32( a), ( b), and( c) and suggested that we add the
Comments: Regarding proposed are all necessary to support low-skilled additional provision for how an English
463. 32( c), several commenters language acquisition program mightadults' advancement along career
suggested that we provide non-pathways and suggested that we revise meet the requirement that the program
the regulation to make them allregulatory guidance on how English lead to the attainment of a secondary
language acquisition services for lower required. Several other commenters school diploma or its recognized
55540 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
equivalent and transition to Literacy and Civics Education program § 463. 34 What are workforce
in subpart G of these regulations. preparation activities?
lead to employment. This commenter Discussion: We thank commenters for Proposed§ 463. 34 restated statutory
postsecondary education and training or
suggested that all English language sharing their concerns and appreciate language in WIOA that establishes
acquisition programs offered by the opportunity to clarify two distinct workforce preparation activities as uses of the term integrated Englishpostsecondary institutions that activities, programs, or services that are
articulate to other postsecondary literacy and civics education within our designed to help an individual acquire programs offered at the respective regulations. Integrated English literacy a combination of basic academic skills,and civics education is used in twoinstitutions be considered as meeting critical thinking, digital literacy, anddistinct ways in the Act.the requirement. self-management skills. While adult
Discussion: We appreciate the First, integrated English literacy and pp civics education maybeprovided byan education and literacy instruction has commenter' s response to our request for traditionallysupported the developmentpeligible provider as a" required localalternatives to the three options wep of basic academic and critical thinking proposed. We also note that intra-activity" under section 231( b), in skills, the addition of workforceaccordance with its grant or contractinstitutional articulation of courses is an preparation activities under WIOA willwith the State to provide adultimportant step in the development of now also enable eligible providers to
career athwa s. However, we further education and literacy activities. An p y support the development of self-eligible provider that providesnote that intra-institutional articulation management skills and digital literacy.integrated English literacy and civicsamong courses does not necessarily WIOA further states that workforce
always result in career pathways as education as a local activity under
section 231(b) is not required to provide preparation includes developingdefined in section 3( 7) of the Act. the services in combination with competencies in using resources and Providing this option, then, could result information, working with others,integrated education and training.in a particular subset of adult English Second, integrated English literacy understanding systems, and obtaininglanguage acquisition eligible providers and civics education must also be skills necessary to successfullybeing able to meet the requirement of transition to and completeimplemented as a program under 463. 31( b) by using a lower standard section 243 of the Act with funds postsecondary education, training, and than other types of eligible providers. employment. These competencies are
We believe that English language allocated as described in section 243.
The integrated English literacy and commonly incorporated into definitions acquisition programs offered by civics education program under section of employability skills. Proposedpostsecondary institutions may meet the 243 ( see subpart G) carries additional § 463. 34 added employability skills to requirement in§ 463. 31( b) using one or the list of competencies described inrequirements beyond those that an
more of the three options we originally eligible provider must meet in WIOA to further clarify the definition of
proposed. workforce preparation.implementing integrated EnglishChange: None. Comments: One commenterliteracy and civics education as a local
questioned the need to use the term463. 33 What are integrated English activity under section 231( b).
Services provided through section 243 workforce preparation activities, statingliteracy and civics education services? see subpart G) must include education that such activities were already a de
WIOA includes amongthe authorized ( services that enable adult English facto part of existing adult basic and
adult education and literacy activities a language learners to achieve adult secondary education. Multiple
set of services that were previously commenters expressed support forcompetency in the English language and
authorized through annual to acquire the basic and more advanced inclusion of workforce preparation
appropriations acts, rather than through activities in the Act and stated that suchskills needed to function effectively as title II of WIA. These services are parents, workers, and citizens in the instructional activities can help promote
integrated English literacy and civics United States. It must include self-sufficiency and reduce generational
education services, which WIOA instruction in literacy and English poverty.
defines in section 203( 12) as language acquisition and instruction on One commenter expressed support for
educational services that include both the rights and responsibilities of inclusion of workforce preparation
literacy and English language citizenship and civic participation, and activities among adult education and
instruction integrated with civics may include workforce training. literacy activities but expressed concern
education. Under WIOA, these services Additionally, the section 243 integrated regarding the adequacy of the
may be provided to adults who are English literacy and civics education accountability framework to assess
English language learners, including program must be provided in workforce preparation activities.
those who are professionals with combination with integrated education Another commenter suggested that
degrees or credentials in their native Local WDBs and adult educators workand training activities.
countries, and may include workforce As part of the integrated English together to achieve a common ground
training. Proposed§ 463. 33 restates literacy and civics education program for measuring the workforce preparation
AEFLA' s statutory language pertaining requirements, each program that skills of individuals exiting core
to integrated English literacy and civics receives funding under section 243 must programs.
education services. be designed to ( 1) prepare adults who Discussion: We appreciate
Comments: Several commenters are English language learners for, and commenters' overall support for the
expressed support for the definition of place such adults in, unsubsidized Act' s specific attention to workforce
English literacy and civics education employment in in-demand industries preparation activities as an explicit part
services. Many of these same and occupations that lead to economic of adult education and literacy
commenters expressed confusion over activities. We acknowledge that the sixself-sufficiency; and( 2) integrate with
the distinction between integrated the local workforce development system primary indicators of performance set
English literacy and civics education as and its functions to carry out the forth in section 116 of the Act may not
an adult education and literacy activity activities of the program. appear to explicitly assess workforce
in§ 463. 30 and the Integrated English Change: None. preparation activities. However, the
55541Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Secretaries of Labor and Education have
defined the measurable skill gains
indicator to include attainment of an
educational functioning level gain.
Within the NRS for adult education,
educational functioning level
descriptors were recently revised to
align with rigorous college and career
readiness standards, which include
much of the knowledge and skills listed
under workforce preparation activities.
We maintain, therefore, that workforce
preparation activities are assessed
broadly through the assessment of
educational functioning levels. We
further note that, given the highly
contextualized nature of these activities
relative to particular industry sectors
and jobs as well as the diversity in State,
regional, and local economic conditions,
we appreciate one commenter' s
suggestion that Local WDBs and adult
educators work together to achieve a
common ground for measuring the
workforce preparation skills of
individuals exiting core programs.
Finally, we note that States have the
flexibility to identify additional
performance indicators to address this
concern.
Change: None.
Comments: Numerous commenters
expressed support for the inclusion of
digital literacy skills as part of
workforce preparation activities defined
in proposed§ 463. 34 and requested that
the regulation require the use of digital
literacy standards in providing these
services. These commenters suggested
the Northstar Digital Literacy Standards
as an example.
Discussion: We appreciate the
commenters' support for inclusion of
digital literacy skills as part of
workforce preparation activities. We
also appreciate commenters' desire to
base instruction of these skills on
standards. However, we have authority
under section 102(b)(2)(D)(ii)of WIOA
only to require eligible agencies to align
content standards for adult education
with State-adopted challenging
academic content standards, as adopted
under the Elementary and Secondary
Education Act, as amended. Beyond
this, we do not have authority to require
the adoption of, or instruction based on,
any specific kind of standards.
Change: None.
463. 35 What is integrated education
and training?
Proposed§ 463. 35 restated the
statutory definition of integrated
education and training from section
203( 11) of WIOA.
Comments: Some commenters asked
for clarification as to whether all eligible
providers of adult education and
literacy activities are required to
provide integrated education and
training. One commenter stated that
such a requirement might not be
efficient depending upon a particular
adult education program' s size, type,
and location. The commenter
speculated that it might not be sufficient
that adult education programs provide
adult education and literacy activities
along with workforce preparation
activities and refer students, as
appropriate, to occupational training
programs within the community.
Another commenter questioned the
appropriateness of integrated education
and training for learners at the lowest
levels. The commenter stated that
integrated education and training
should focus on students with an
educational functioning level at or
above sixth grade equivalency. The
commenter further recommended that
integrated education and training be
focused on students with employment-
related goals rather than all students.
Discussion: We appreciate
commenters sharing their questions and
concerns regarding whether or not all
eligible providers of adult education
and literacy activities are required to
provide integrated education and
training. We note that proposed§ 463. 35
merely restated AEFLA' s definition of
integrated education and training,
which does not require all eligible
providers to provide integrated
education and training. Section 203( 2)
of the Act lists the programs, activities,
and services that are allowable adult
education and literacy activities.
Integrated education and training is
only one activity of several listed. We
point out, however, that eligible
agencies receiving funds provided
under section 243 of the Act through the
integrated English literacy and civics
education program are required to
provide integrated English literacy and
civics education in combination with
integrated education and training
activities( see § 463. 70( c)). Consistent
with the purpose as stated in section
202 of the Act, these regulations provide
eligible agencies and eligible providers
the flexibility to respond to diverse
adult education needs particular to
State, regional, and local circumstances.
Change: None.
Comments: One commenter inquired
if young adults with disabilities who are
no longer eligible for special education
might qualify for integrated education
and training services as described in
proposed§ 463. 35.
Discussion: We appreciate the
commenter' s question. Section 203( 4) of
the Act defines eligible individuals.
Individuals who meet the stipulations
set forth in section 203( 4) of the Act,
regardless of disability status, qualify for
adult education and literacy services,
including integrated education and
training services as described in
§ 463. 35.
Change: None.
§ 463.36 What are the required
components of an integrated education
and training program funded under title
II?
Proposed§ 463. 36 described the three
components that would be required in
an integrated education and training
program. These components are adult
education and literacy activities,
workforce preparation activities, and
workforce training. Two of the
components, adult education and
literacy activities and workforce
preparation activities, are explained in
§ 463. 30 and§ 463. 34, respectively.
Proposed§ 463. 36 further clarified the
third remaining component, the
workforce training component, by
referencing section 134( c)( 3)( D) of the
Act, which identifies the activities that
constitute training within the
employment and training services
authorized by title I–B of WIOA.
Comments: One commenter agreed
that the three required components in
proposed§ 463. 36 were essential and
recommended that we add two
additional requirements—supportive
services and integration with job
placement services and other functions
of the local workforce development
system. According to this commenter,
supportive services and integration with
job placement services and other
functions of the local workforce
development system are also essential to
supporting students' successful
completion of integrated education and
training and subsequent employment.
Discussion: We appreciate the
commenter' s support for the proposed
three required components of integrated
education and training. We also
acknowledge the importance of
supportive services ( see our discussion
regarding§ 463. 32( b) above) and job
placement services in supporting
eligible individuals' educational and
career advancement. However, we do
not believe that WIOA provides us with
the authority to add additional
requirements for integrated education
and training programs. We note that in
§ 463. 38 ( see below) we establish that an
integrated education and training
program meets the requirement that it is
for educational and career advancement
in part by being part of a career
pathway. We believe the requirement
that integrated education and training
programs funded under title II be part of
55542 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
a career pathway will help ensure that
integrated training and education
program participants can access
appropriate supportive and job
placement services.
Change: None.
Comments: One commenter suggested
that for lower level learners we revise
the three required components in
proposed§ 463. 36 by substituting
463. 36( c), workforce training for a
specific occupation or occupational
cluster which can be any one of the
training services defined in section
134( c)( 3)( D) of the Act, for career
awareness. Another commenter
suggested that for lower level students
we require only§ 463. 36( a), adult
education and literacy activities, and
463. 36( b), workforce preparation
activities.
Discussion: We appreciate the
commenters' concerns for adequately
addressing the education and
employment needs of lower-skilled
adults. We also agree that it is important
to provide learners at all levels with
career awareness services. We note that
section 203( 12) of the Act requires that
integrated education and training
include" workforce training for a
specific occupation or occupational
cluster." We do not believe that general
career awareness activities alone
constitute workforce training as
described in section 203( 12).
Additionally, as we noted in our
discussion in§ 463. 35, above, we do not
anticipate that all eligible individuals
served by an eligible provider will
immediately be ready for or need
integrated education and training. Some
eligible individuals—depending upon
local economic conditions or individual
characteristics—may be best served first
through other adult education and
literacy activities prior to, and in
preparation for, subsequent enrollment
in an integrated education and training
program. Again, we believe that eligible
agencies and eligible providers need
maximum flexibility to determine how
to best address the needs and goals for
job seekers and employers identified in
the State and local workforce
development plans.
Change: None.
Comments: One commenter expressed
support for the flexibility to use title II
funds for workforce training for a
specific occupation or occupational
cluster for the purpose of educational
and career advancement. Another
commenter suggested that title II
providers should partner with title I
providers whenever possible to ensure
efficiency and avoid duplication of
services. Numerous other commenters
suggested that the occupational training
component of integrated education and
training be funded with title I funds and
that those funds should be exhausted
before title II funds were used for that
purpose. These commenters suggested
that a provision be added to the
regulations similar to the limitations of
use of AEFLA funds for family literacy
services found in section 231( d) of the
Act. Additional commenters offered
alternative suggestions, including ability
to benefit and employer funds that
could be used for occupational training
costs before title II funds were used.
Commenters sharing this view further
suggested that if title II funds were to be
used to pay for occupational training,
the regulations should provide a limit
on how much of the funds could be
expended on occupational training. One
commenter stated that title II funds
should not be used for costs associated
with occupational training.
Discussion: We appreciate
commenters' concerns for optimal
efficiency in devoting resources to the
development and provision of
integrated education and training
programs. We agree that whenever
possible, appropriate WIOA core
programs or other appropriate resources
should be leveraged to maximize overall
efficiency and impact of the publicly
funded workforce development system.
We acknowledge that reserving title II
funds for the provision of adult
education and literacy activities,
including workforce preparation
activities, and utilizing other sources of
funding, as appropriate, to provide the
workforce training component can
extend the availability of much-needed
adult education and literacy services.
We also agree with commenters who
suggested strong partnerships with title
I programs and strongly encourage
effective co-enrollment strategies
between title II and title I training
services in order to maximize resources
when delivering integrated education
and training. We note, however, that the
Act does not provide us with the
authority to restrict the source of
funding for the workforce training
component of integrated education and
training, nor does it provide us with the
authority to limit the amount of funds that can be used for occupational
training.
Change: None.
463. 37 How does a program§
providing integrated education and
training under title II meet the
requirement that the three required
components be " integrated"?
Proposed§ 463. 37 sought to establish
how the three components of integrated
education and training must be
integrated. The proposed regulation
required that an integrated education
and training program balance the
proportion of instruction across the
three components, deliver the
components simultaneously, and use
occupationally relevant instructional
materials. Proposed§ 463. 37 would also
require a program to have a single set of
learning objectives that identifies
specific adult education content,
workforce preparation activities, and
workforce training competencies. These
proposed requirements were intended to
facilitate the design of high-quality
integrated education and training
programs that focus on improving the
academic skills of low-skilled adults
while advancing their occupational
competencies. We sought public input
on the proposed requirements and other
suggested requirements that may
support the provision of integrated
education and training services to
eligible adults at all skill levels.
Comments: Numerous commenters
expressed support for proposed
463. 37. One commenter expressed
support for proposed§ 463. 37 and noted
additionally that adult educators would
likely require new and ongoing
professional development in order to be
able to effectively meet the requirement
that the three required components be
integrated. Other commenters expressed
specific concern over local programs'
ability to meet the proposed
requirement in rural areas with few
occupational training providers. Other
commenters expressed support for
proposed§ 463. 37 and encouraged the
Department to consider whether it may
be appropriate to provide additional
guidance to States and eligible providers
on appropriate tools for measuring
workforce preparation activities and
workforce training competencies. These
commenters stated that workforce
preparation activities and workforce
training competencies may be newer
curriculum elements for some adult
education providers, and it might be
valuable to offer resources on how they
can best be measured. Another
commenter stated that additional
guidance and flexibility would be
required in order for title II providers to
be able to meet the requirements of
proposed§ 463. 37.
Discussion: We appreciate
commenters' overall support for
proposed§ 463. 37 and agree that for
many eligible providers the
development, delivery, and assessment
of integrated education and training will
present both new opportunities and
challenges. We appreciate the
commenters' suggestions regarding
specific types of guidance and
55543Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
professional development that may be intention to ensure that each of the preparation activities, and occupational
needed to support expansion of high required components of an integrated training should occur simultaneously
quality integrated education and education and training program be of and not sequentially. We anticipate that
training. We continue to support an sufficient quality and intensity. as WIOA implementation unfolds, we
online collection of technical assistance Change: We have revised will be collaborating with eligible
resources, a virtual community of 463. 37( a)( 1) to more clearly state our agencies and providers to provide
practice, and a number of online courses intent that within the overall scope of additional guidance on particular
and Webcasts available through the an integrated education and training questions regarding diverse models of
program, all three required componentsLiteracy Information and integrated education and training.
Communication System (LINCS) at: must be of sufficient quality and Change: None.
Comments: Numerous commentershttp:// lincs.ed.gov/ as well as the intensity and must be based on the most
Department' s online resource for rigorous research available. expressed concerns for programs serving
lower level students and students inteaching and assessing employability Comments: Regarding proposed
463. 37( a)( 2) that the three requiredskills available at: http:// cte.ed.gov/ multi-level classes and the ability of
employabilityskills/. As we plan for these programs to meet the requirementcomponents occur simultaneously, two
future guidance and technical assistance commenters asked whether providing in proposed§ 463. 37( a)( 3) that the
efforts, we will consider the adult education and literacy activities, instruction in the three required
workforce preparation activities, andcommenters' suggestions. components use occupationally relevant
Change: None. occupational training as distinct, yet materials. These commenters suggested
Comments: Regarding proposed linked, activities sufficiently met the that we revise proposed§ 463. 37( a)( 3) to
463. 37( a)( 1) that within the overall requirement for the components to be change the words" use occupationally
scope of an integrated education and integrated. Another commenter relevant instructional materials" to" use
training program the three required expressed overall support for proposed employability relevant instructional
components be instructionally balanced § 463. 37 and suggested that we materials." The commenters stated that
emphasize in the final rule that this change would better encompass allproportionately across the three
components, particularly with respect to integrated education and training is a students served by adult education
improving reading, writing, career pathways strategy that supports programs.
acceleration in accordance with the Discussion: We appreciate the
eligible individuals, one commenter definition of career pathways in section commenters' concerns for adequately
mathematics, and English proficiency of
3( 7)( E) of the Act. The commenter addressing the education and
instructionally balanced suggested, therefore, that we emphasize employment needs of lower-skilled
adults. We also agree that it is important
questioned the clarity of the phrase
proportionately" and stated that that the adult education and literacy
activities, workforce preparation to provide learners at all levels withrequiring the three components to be
instructionally balanced proportionately activities, and occupational training opportunities to master employability
skills and encourage eligible providerswould limit States' flexibility to design should occur simultaneously and not
to incorporate workforce preparationintegrated education and training sequentially. One commenter stated that
programs that are responsive to the the requirement that the three activities activities into all adult education and
needs of students, employers, and local occur simultaneously would limit literacy activities, as appropriate. As we
economies. States' flexibility in designing integrated noted in our discussion in§ 463. 35
Discussion: We appreciate the above, we do not anticipate that alleducation and training programs that
commenter' s concern for maintaining are responsive to the needs of students eligible individuals served by an eligible
adequate flexibility to design integrated provider will immediately be ready forand employers.
Discussion: We appreciate the or need integrated education andeducation and training programs that
are responsive to the needs of students, commenters' desire for flexibility in the training. It may be that some eligible
employers and, local economies. We design of integrated education and individuals—depending upon local
economic conditions or individualnote that in proposing§ 463. 37( a) we training programs that are responsive to
stated that§ 463. 37( a)( 1), § 463. 37( a)( 2), the needs of both job seekers and characteristics— are best served by first
and§ 463. 37( a)( 3) were meant to be employers. We note that section 203( 11) providing other adult education and
considered within the overall scope of of the Act requires that the three literacy activities prior to, and in
preparation for, subsequent enrollmentan integrated education and training components be delivered" concurrently
program. We do not, therefore, agree and contextually." We further note that in an integrated education and training
that this limits States' flexibility to in proposing§ 463. 37( a) we stated that program. For those eligible individuals
design integrated education and training § 463. 37( a)( 1), ( a)( 2), and( a)( 3) were who need, and are ready for, integrated
programs that are responsive to the meant to he considered within the education and training services, we
needs of students, employers, and local overall scope of an integrated education believe it necessary to use
economies. However, we also recognize and training program. We do not, occupationally relevant instructional
therefore, agree that this limits States' materials, as appropriate, across thethat the proposed phrasing of
463. 37( a)( 1) may not have adequately flexibility to design integrated education three required components of the
stated our intent that all three required and training programs that are integrated education and training
components be of sufficient quality and responsive to the needs of students, program. We note that section 203( 12) of
intensity. We note that one of the employers, and local economies. We the Act requires that integrated
considerations that an eligible agency education and training includeagree with the commenter who noted
must take into account when reviewing that integrated education and training is " workforce training for a specific
eligible providers' applications for occupation or occupational cluster." Wepart of a career pathways strategy that
grants or contracts to provide adult supports acceleration in accordance do not believe that substituting general
education and literacy services is with the definition of career pathways employability instructional materials for
sufficient quality and intensity of the in section 3( 7)( E) of the Act and, occupationally relevant instructional
services proposed( see § 463. 20( d)( 5)( i)). materials would be consistent with theaccordingly, that the adult education
In proposing§ 463. 37( a)( 1), it was our and literacy activities, workforce statutory requirement.
55544 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Change: None. recognized strategies to promote the program be part of a career pathway.
Comments: One commenter suggested However, based on the examplesreadiness for postsecondary education
that we add an additional requirement and work. provided by these commenters, we
that adult education programs providing Comments: Numerous commenters disagree that such jobs cannot be part of
integrated education and training must expressed support for proposed a career pathway. In fact, in our own
have components that are integrated by § 463. 38, particularly the requirement in research on occupational or career
coordinating with one or more industry proposed§ 463. 38( a) that the adult clusters at O* Net OnLine (see http://
partnerships that will be established by education component of the program be www.onetonline.org/), which is
the local WDB. The commenter stated aligned with the State' s content sponsored by the Department of Labor,
that working with industry partnerships we found that each of the examplesstandards for adult education as
would support the development of described in the State' s Unified or offered could easily be associated with
relevant curricula, contextualization of Combined State Plan. one or more career pathways. Thus,
programming, and the creation of work-A few commenters expressed somerequiring an integrated education and
based learning opportunities that reservation regarding the requirement in training program to be aligned with the
support the integration of the three proposed§ 463. 38(b) that the integrated State' s content standards for adult
required components. The commenter education and training program be part education and to be part of a career
asserted that such partnerships are of a career pathway. According to these pathway, allows such a program to commenters, some jobs in some regionalcritical to the building of a strong career address both the short-and long-term
pathway for program participants. economies (e.g., van driver, casino needs of the workforce as well as the
Discussion: We agree with the dealer, night janitor) were not part of a immediate needs of employers. We do
commenter that the quality and career pathway. They suggested that we not believe that providing only career relevance of integrated education and modify proposed§ 463. 38(b) to require awareness meets the definition of career
training programs can be enhanced by that, if possible, the integrated pathways in section 3( 7) of the Act.
coordinating with one or more industry education and training program be part Change: None.
partnerships to be established by Local of a career pathway. Another
commenter recommended that career Subpart F— Programs for CorrectionsWDBs. We agree that working with
industry partnerships can support the awareness activities be interpreted to Education and the Education of Other
development of relevant curricula, Institutionalized Individualssatisfy the requirement that the program
contextualization of programming, and is part of a career pathway, especially § 463. 60 What are programs for
the creation of work-based learning for beginning level, lower-skilled corrections education and the education opportunities. We also believe that such learners. of other institutionalized individuals?One commenter stated that integratedcoordination can be a strategy for Proposed§ 463. 60 described programsensuring high quality occupationally education and training should address
relevant instructional materials. And we the long-term needs of the workforce as for corrections education and the
education of other institutionalizedagree that such partnerships are critical well as the immediate needs of
individuals.to the building of a strong career employers. According to the
commenter, integrated education and Comments: One commenter expressedpathway for program participants and
we encourage all eligible providers to training should be defined as both support for proposed§ 463. 60. Several
coordinate, as appropriate, with education for transferrable skills, and commenters stated that not all
corrections facilities provide all of theindustry partnerships. However, we do knowledge and job related training for
immediate job placement. The educational programs listed in proposednot agree that such partnerships
commenter suggested that the 463. 60( b). The commenters concludednecessarily result in the integration of that the list of academic programsthe three required components of an Department strengthen proposed
463. 38 to reinforce these two goals. should be suggestive rather thanintegrated education and training
program. mandatory and asked that we revise theDiscussion: We appreciate the
Change: None. commenters' support for the language in proposed§ 463.60(b)
requirement in§ 463. 38( a) that the adult accordingly.463. 38 How does a program education component of the program be Discussion: We appreciate the
providing integrated education and aligned with the State' s content commenters' concerns for claritytraining under title II meet the standards for adult education as regarding proposed§ 463. 60. We noterequirement that an integrated described in the State' s Unified or that proposed§ 463. 60 restated the list
education and training program be ' for Combined State Plan. We agree with the in section 225( b) of WIOA of the
the purpose of educational and career commenter who stated that integrated permissible educational programs for
advancement"? education and training should address criminal offenders in correctional
Under proposed§ 463. 38, we required the long-term needs of the workforce as institutions and other institutionalized
the educational component of a program well as the immediate needs of individuals. We believe both WIOA and
to be aligned with the State' s content employers. In large part, our intent in § 463. 60 are sufficiently clear that the
standards for adult education as establishing the requirement that the list is permissive and that implementing
described in the State' s Unified or adult education component of the every program on the list is not
Combined State Plan and that the program be aligned with the State' s required.
content standards for adult education is Change: None.
defined in section 3( 7) of WIOA, in to support the inclusion of transferrable Comments: One commenter suggested
program be part of a career pathway as
order to meet the WIOA requirement skills and knowledge in the design of that completion of high school
that the integrated education and integrated education and training equivalency begun while incarcerated
training program be for the purpose of programs. We appreciate commenters should be a condition of parole. The
educational and career advancement. who shared concerns about integrated commenter further suggested that
The use of rigorous and challenging education and training programs postsecondary education should be
academic standards and career designed for particular jobs in local available to individuals under the age of
pathways that contextualize learning are economies meeting the requirement that 21.
55545Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Discussion: We appreciate the
commenter' s concern for maximizing
incarcerated and formerly incarcerated
individuals' access to educational
opportunities. We note, however, that
both suggestions are beyond our
statutory authority.
Change: None.
Comments: We received several
comments requesting additional
guidance on corrections education.
Numerous commenters requested that
we provide guidance on whether
incarcerated individuals were
considered in the workforce and
whether prison jobs counted as
employment for purposes of the
performance accountability system in
section 116 of WIOA. One of these
commenters suggested that
consideration of the difficulties in
serving incarcerated individuals be
factored into the negotiation of State
adjusted levels of performance for
purposes of the performance
accountability system. This commenter
also requested that we clarify what
career pathways services should be
provided to eligible individuals served
in corrections education programs.
Another commenter requested that we
clarify if AEFLA funds for corrections
education and education of other
institutionalized individuals could he
used to provide special education
services to young adults incarcerated in
the juvenile justice system or students
eligible for a 504 plan.
Discussion: We appreciate the
commenters' requests for guidance and
clarification regarding programs for
corrections education and other
institutionalized individuals. Questions
regarding whether incarcerated
individuals are considered in the
workforce and whether prison jobs
count toward the employment
indicators have been addressed in the
joint final regulations on the
performance accountability system. The
Department of Labor and the
Department of Education (the
Departments) have added language in 20
CFR 677. 155( a)( 2)( i) ( for purposes of
AEFLA, found in Part 463 subpart I) to
establish that for the purpose of
determining program performance
levels, section 225 participants will not
be included in performance calculations
for the following indicators:
Employment under 20 CFR
677. 155( a)( 1)( i) and( ii); earnings under
20 CFR 677. 155( a)( 1)( iii); credential
attainment under 20 CFR
677. 155( a)( 1)( iv); and the effectiveness
in serving employers under 20 CFR
677. 155( a)( 1)( vi). The Departments
made this decision based on the fact
that section 225 participants do not
have the opportunity to be employed or
to participate in education or training
programs in the same manner as other
participants who are in the general
population. The process of negotiating
and reaching agreement on adjusted
levels of performance has been
addressed in the final WIOA Unified
and Combined State Plan Requirements
Information Collection Request( State
Plan ICR), as well as through Program
Memorandum OCTAE 16-02,
Establishing Expected Levels of
Performance and Negotiating Adjusted
Levels of Performance for Program Year
PY) 2016-17 and 2017-18. As noted in
the State Plan ICR and guidance, for the
first State plan submission, the
Departments will work with States
during the negotiation process to
establish the adjusted levels of
performance for each of the primary
indicators for the core programs. If
necessary, some may be adjusted after
the release of the final regulation and
joint performance ICR. Additionally, the
Departments will disseminate joint and
program-specific guidance to provide
further clarification.
In terms of clarifying what career
pathway services should be provided to
eligible individuals served in
corrections programs, we believe that
eligible providers should provide career
pathway services that support
achievement of the vision and goals
articulated in State and local workforce
development plans. We seek to maintain
State and local flexibility to achieve
their respective visions and goals and
therefore decline to limit the services
that may be provided through
regulation. Finally, we note that AEFLA
funds for corrections education and
education of other institutionalized
individuals may be used to provide
special education services to eligible
individuals regardless of disability
status.
Change: None.
Comments: One commenter described
challenges in providing concurrent
enrollment services to inmates in rural
areas where occupational training
providers and resources were scarce and
training program offerings limited and
sporadic. The commenter requested that
the Department provide non-regulatory
guidance to address these issues.
Discussion: We acknowledge that the
challenges in providing adult education
and literacy activities, including
programs for corrections education and
the education of other institutionalized
individuals, may differ in rural and
urban areas. In the past we have
provided technical assistance to support
high-quality corrections education
across the nation (see, for example, the
corrections education resource
collection and community of practice
through the available through the
Literacy Information and
Communication System( LINCS) at:
http:// lincs.ed.gov/). As we move
forward with WIOA implementation, we
will continue to look for opportunities
to address emerging challenges.
Change: None.
463. 61 How does the eligible agencyg
award funds to eligible providers under
programs for corrections education and
the education of other institutionalized
individuals?
WIOA emphasizes the importance of
educational and career advancement for
incarcerated individuals by increasing
the cap on funds that States may use for
programs for corrections education and
the education of other institutionalized
individuals from 10 percent( under
WIA) to 20 percent. Proposed § 463. 61
restated this new statutory provision
and clarified that any awards made by
the eligible agency for programs for
corrections education and education
programs for other institutionalized
individuals must be made in accordance
with the applicable regulation in
subpart C.
Comments: One commenter expressed
support for proposed§ 463. 61. Other
commenters requested clarification on
how State departments of corrections
might participate in the process
specified in subpart C.p p
Discussion: We appreciate the
opportunity to provide clarification that
State departments of corrections, like all
other eligible providers, would submit
an application for a grant or contract to
provide adult education and literacy
activities following the process
specified in subpart C.
Change: None.
463. 63 How may funds under
programs for corrections education and
the education of other institutionalized
individuals be used to support
transition to re-entry initiatives and
other post release services with the goal
of reducing recidivism?
Proposed§ 463. 63 sought to establish
how funds may support transition to re-
entry initiatives and other post-release
services. This regulation was intended
to clarify that re-entry and other post-
release services must support the
educational needs of the individual.
Comments: One commenter expressed
support for proposed§ 463. 63, noting
that the provision of such post-release
services was consistent with the design
of career pathways. Another commenter
questioned how recidivism might be
463.
55546 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
defined in order to meet any associated contextualized for workforce employment can still be relevant to
reporting requirements under the Act. development or employment is still workforce development and
Discussion: We appreciate the support relevant to workforce development and employment. We also agree that eligible
for the proposed regulation and agree employment. Other commenters individuals' co-enrollment in workforce
that such post-release services are expressed support for proposed § 463. 70 development programs should be
consistent with the design of career optional and based upon individuals'and also encouraged flexibility in
pathways. In our definition of re-entry implementation. According to these needs and abilities. Proposed§ 463. 70( c)
and post-release services we noted that commenters, co-enrollment in restates statutory language. Substituting
examples of such services might include workforce development programs must" for" may," as some commenters
education and employment services that should be optional and reflect a student-suggested, would change language
can help formerly incarcerated centered approach that takes students' explicitly restated from the Act. We do
individuals in progressing along a career needs and abilities into account. The not believe we have the authority to
pathway. We appreciate the question commenters encouraged the Department change language restated from the Act.
regarding a definition of recidivism and to provide examples in guidance of how We agree that not all English language
have addressed that issue in the program might support the learners seeking English language
amendments to our information economic, linguistic, and civic proficiency and civics education
collection package, Implementation integration goals of diverse immigrant services also seek, or require, workforce
Guidelines: Measures and Methods for subpopulations. training. As we have stated above in our
the National Reporting System for Adult Other commenters expressed concern discussion of§ 463. 35, we do not
Education (OMB Control Number: that the definition of the Integrated anticipate that all eligible individuals
1830-0027). English Literacy and Civics Education seeking English language proficiency
Change: None. program in proposed§ 463. 70 was more and civics education services would
restrictive than the definition of require integrated education andSubpart G— What is the Integrated integrated English literacy and civics training. English language learnersEnglish Literacy and Civics Education " education" in section 203( 12) of the Act seeking English language proficiency
and restated in proposed§ 463. 33.program?
and civics education, but not seekingIn addition to the new integrated These commenters suggested that we workforce training, should not be English literacy and civics education replace the word" must" in proposed excluded or discouraged from
services described in§ 463. 33— one of § 463. 70( c) with" may" so that participation in the Integrated English
several authorized" adult education and § 463. 70( c) would read as follows: Literacy and Civics Education program.
literacy activities" in AEFLA—WIOA " Such educational service may be However, we do note that the Act
authorized a new, specific Integrated delivered in combination with requires that eligible providers receiving
English Literacy and Civics Education integrated education and training funds under section 243 are required to
program that replaces the English services as described in§ 463. 36." provide these services in combination
literacy and civics education( EL/ Civics) Two commenters sharing this concern with integrated education and training
program previously authorized through see § 463. 73). We believe that aexpressed the additional concern that (
annual appropriations. The the definition of the Integrated English program design that provides the option
authorization of the program in WIOA Literacy and Civics Education program for interested eligible individuals to
eliminates the need for it to be in proposed§ 463. 70 would limit States' access integrated education and training
authorized and separately funded ability to provide services that can services meets the statutory requirement address all the needs of Englishannually through the appropriations that the program funds be used in
process. The new program retains the language learners seeking English combination with such services. For
focus on English language proficiency language proficiency and civics those eligible providers serving eligible
and civics education instruction, but education services. These commenters individuals under section 243 who do
there are new requirements to support further stated that not all English require integrated education and
stronger ties to employment and the language learners seeking English training, we proposed two options for
workforce system. language proficiency and civics meeting the requirement in§ 463. 74.
education services seek or require Additionally, as we noted in our463. 70 What is the IntegratedgIntegrated English workforce training. Some, for example, discussion of§ 463. 33, States have theand Civics an program?70teracyLare already gainfully self-employed and flexibility to provide integrated EnglishProposed§ 463. 70 described the interested primarily in improving their literacy and civics education as a
program' s statutory requirements related language skills and obtaining required activity under section 231( b)to participants for whom this program is citizenship. For those learners for whom without the additional workforce and
intended and the types of services that workforce training might be appropriate, employment-related requirements of
are required in the program. It also the commenter encouraged workforce section 243. Therefore, we do not agree
sought to clarify that the educational that the regulation, as proposed, woulddevelopment providers to partner with
services provided under the program adult education providers to leverage limit States' flexibility to provide
must meet the requirements established their respective expertise and resources integrated English literacy and civics
in§ 463. 33 pertaining to integrated in support of efficiently helping such education services that are responsive to
English literacy and civics education students' diverse needs.learners to be placed in unsubsidized
services. employment. Change: None.
Comments: Two commenters Discussion: We appreciate Comments: Other commenters
expressed support for proposed commenters sharing their support for expressed concern regarding the
463. 70. A third commenter expressed absence of specific measures for civicsthe proposed regulation and suggesting
similar support but also suggested that we adopt a flexible approach for education in the proposed regulations
implementing a flexible approach to incorporating workforce preparation and suggested that the Department
incorporating workforce preparation into educational services. We agree that consider adding such measures to the
into education. According to this curricula not necessarily contextualized performance accountability system for
commenter, curricula not necessarily for workforce development or WIOA. These commenters stated that an
creatingthrough
55547Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
absence of such measures could result
in creating unintended disincentives for
providing much needed civics
instruction.
Discussion: We appreciate the
commenters' concerns over
unintended disincentives for providing
civics instruction. We note that the
definition of integrated English literacy
and civics education provided in
463. 33 requires that it include
instruction in literacy and English
language acquisition and instruction on
the rights and responsibilities of
citizenship and civic participation.
While we lack authority to add
additional primary indicators of
performance, we continue to include
optional civics education outcomes for
States to use in our information
collection request for title II( see
Implementation Guidelines: Measures
and Methods for the National Reporting
System for Adult Education ( OMB
Control Number: 1830-0027)).
Change: None.
463. 72 How does the eligible agency
award funds to eligible providers for the
Integrated English Literacy and Civics
Education program?
Propos ed§ 463. 72 the
statutory requirementsdescribedto be usedby
eligible agencies in awarding funds,
including a requirement that States
must follow the provisions Statesng
the award of funds established in
subpart C.
Comments: One commenter expressed
support for proposed§ 463. 72. Other
commenters expressed concerns over
the requirement that EL/ Civics
education providers funded under WIA
may not be able to meet the
requirements of demonstrated
effectiveness in proposed§ 463. 24 and
suggested that the Department revise the
proposed regulations in order to provide
special consideration for providers of
EL/ Civics under WIA as they compete
for Integrated English Literacy and
Civics Education funds.
Discussion: Section 231( c) of the Act
requires that eligible agencies ensure
that all eligible providers have direct
and equitable access to apply and
compete for grants or contracts. We do
not have authority to give States the
flexibility to provide special
consideration for EL/ Civics providers
under WIA. We have, however, revised
463. 24 to clarify options for how
eligible providers can establish
demonstrated effectiveness.
Change: We revised § 463. 24( b)( 2) to
provide an option for eligible providers
who do not have performance data
based upon the primary indicators of
performance listed in section 116 of the
Act.
463. 73 What are the requirements for
eligible providers that receive funding
the Integrated English Literacy
and Civics Education program?
Proposed§ 463. 73 reiterated statutory
language regarding Integrated English
Literacy and Civics Education program
services and design, including
requirements for the program to
facilitate job placement, economic self-
sufficiency, and integration with the
workforce development system.
Comments: Two commenters
expressed support for proposed
463. 73. Multiple commenters§
expressed disagreement with proposed
463. 73( b) and( c) by suggesting that
these should not be requirements. These
commenters suggested that the
Department rephrase proposed§ 463. 73
to make § 463. 73( b) and( c) optional.
Discussion: We appreciate
commenters' support for proposed
463. 73. Section 463. 73 restates the
Act' s statutory language. It is
inconsistent with the Act to make these
statutory requirements optional.
Change: None.
Comments: A few commenters
suggested that we revise proposed
463. 73( a) and add language to
encourage providers of integrated
English literacy and civics education to
partner with public television stations.
These commenters stated that such a
revision could support the use of high-
quality instructional materials.
Discussion: We appreciate the
commenters' concern for the use of
high-quality instructional materials and
agree that public television stations may
serve as one potential source of such
materials. We note that we set out
requirements in these final regulations
and use technical assistance to share
promising practices. We also note that
the Department does not have the
authority to endorse particular curricula
or sets of materials.
Change: None.
Comments: One commenter stated
that meeting the requirement of
proposed§ 463. 73( b) might pose
particular challenges for rural areas
where sufficient integrated education
and training providers may not exist.
Discussion: We acknowledge that the
challenges in providing adult education
and literacy activities, including
integrated education and training, may
differ in rural and urban areas. In the
past we have provided technical
assistance to support high-quality career
pathways development, including the
development of models of integrated
education and training, across the
nation( see, for example, the career
pathways resource collection and
community of practice available throughthe Literacy Information and
Communication System( LINCS) at:
http:// lincs.ed.gov/. We have also
encouraged and supported States in
exploring non-traditional service
delivery options, including distance and
hybrid models of education. As we
move forward with WIOA
implementation, we will continue to
look for opportunities to address
challenges through innovation and
technology.
Change: None.
Comments: Other commenters
suggested that we specify a particular
type of integrated education and
training that will meet the requirement
proposed in§ 463. 73( b). One commenter
suggested that we revise § 463. 73( b) to
state that the integrated education and
training activities provided to
participants served under section 243
include entrepreneurship education and
small business planning and
development so that those participants
are able to start their own business as
a career pathway that leads to
sustainable improvements in the
economic opportunities for their
families.
Discussion: We appreciate the
commenters' concern for ensuring that
the integrated education and training
provided in combination with
integrated English literacy and civics
education is relevant to the needs of
English language learners. We agree that
for some eligible individuals,
entrepreneurship education can
contribute to advancement along a
career pathway that leads to sustainable
improvements in the economic
opportunities for families. We also note
that in§ 463. 36, we clarify the
workforce training component of
integrated education and training by
referencing the training services listed
in section 134( c)( 3)( D) of the Act,
including" entrepreneurial training."
Change: None.
Comments: One commenter expressed
concern for adult education providers'
ability to meet the requirements in
proposed§ 463. 73( c)( 1) and (c)( 2). This
commenter suggested that these
requirements might be more easily
achieved through collaboration with
other core programs.
Discussion: We agree with the
commenter. We believe that§ 463. 74( a)
provides this option to eligible
providers through the option of co-
enrolling participants in integrated
education and training, as described in
subpart D, that is provided within the
local or regional workforce development
55548 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
area from sources other than section
243. For example, an eligible provider
might collaborate with the local title I
Youth, Adult, or Dislocated Worker
provider to fund the training component
of the integrated education and training
activities.
Change: None.
463. 74 How does an eligible provider
that receives funds through the
Integrated English Literacy and Civics
Education program meet the
requirement to provide services in
combination with integrated education
and training?
Proposed§ 463. 74 was intended to
clarify an important distinction between
integrated English literacy and civics
education services that may be provided
under section 231 of the Act, and
integrated English literacy and civics
education programs funded under
section 243 of the Act. The Act requires
that funds made available for integrated
English literacy and civics education be
used in combination with integrated
education and training activities. The
proposed regulation provided two
options that an eligible provider funded
under section 243 of the Act may use to
provide integrated English literacy and
civics education in combination with
integrated education and training
activities.
Comments: Several commenters
stated that the Department needs to
provide further clarification regarding
proposed§ 463. 74. These commenters
suggested that not all students would
need to be co-enrolled in occupational
training. Additionally, these
commenters suggested that for some
students (for example, lower skilled
students) on-ramp or bridge programs
that can improve students' basic skill
levels, as well as provide career
awareness and workforce preparation
activities, rather than co-enrollment in
occupational training, may be a better
approach. These commenters asked the
Department to allow flexibility so lower
skilled students could participate in
integrated English literacy and civics
education services, make a career
pathway plan while they are
participating, and then transition to
appropriate workforce training when
they reach a level of English that would
ensure that they could benefit from
occupational training. Commenters
asked the Department to supplement the
final regulations with further guidance
on such flexibility.
Discussion: We agree with
commenters' observations that not all
students seeking services under section
243 of the Act will require employment
related services and, therefore, may
have no need to be co-enrolled in
occupational training. Similarly, we
further agree that some students who
have employment-related educational
needs may not be adequately prepared
for integrated education and training
and may benefit most from more basic
educational services in preparation for
integrated education and training. We
believe the Act does not require all
participants enrolled in integrated
English literacy and civics education
programs under section 243 to be
receiving integrated education and
training services. We do believe the Act
requires that eligible providers receiving
funds under section 243 use those funds
for integrated English literacy and civics
education in combination with
integrated education and training
activities. Thus, participants for whom
integrated education and training
services are appropriate will have access
to those services. For these reasons, we
proposed in the NPRM two options for
how programs could meet the statutory
requirement that funds for integrated
English literacy and civics education
programs provided under section 243 be
used in combination with integrated
education and training activities. First,
eligible providers serving eligible
individuals for whom integrated English
literacy and civics education and
integrated education and training are
appropriate have the flexibility to co-
enroll such eligible individuals in other
integrated education and training
programs within the local or regional
workforce development area funded
through sources other than section 243.
Second, such eligible providers may use
section 243 funds to support integrated
education and training activities as
defined in subpart D.
Change: We have revised§ 463. 74 to
more clearly reflect the statutory
requirement to use funds provided
under section 243 in combination with
integrated education and training
activities as defined in subpart D as well
as to better clarify the options for
meeting the requirement.
Comments: One commenter expressed
concern that the requirement to provide
integrated English literacy and civics
education services in combination with
integrated education and training would
disadvantage many providers of EL/
Civics education under WIA in
competing for funds under section 243
of the Act. According to this
commenter, many of the EL/ Civics
providers funded under WIA did not
provide workforce preparation or
workforce training, and therefore do not
have the capacity to offer such
programming. The commenter asked the
Department to modify the proposed rule
to give special consideration to
organizations that offer EL/ Civics
programming but not integrated
education and training services. The
commenter suggested that the rule be
modified to expressly state that
integrated education and training
services could be offered by an entity
other than the organization providing
EL/ Civics programming but working in
coordination with that entity. In support
of this point the commenter further
stated that proposed§ 463. 23( i)
specifically provided for applications
from consortia and coalitions of
different organizations that provide
services. The commenter also suggested
that the rule could also be modified to
give consideration to an applicant
organization' s prior receipt of EL/ Civics
funding and provision of EL/ Civics
programming when applying for grants
under AEFLA.
Discussion: We appreciate concerns
expressed related to current providers of
English literacy and civics education
under WIA not having the capacity to
provide services under the new
requirements of section 243 of WIOA.
Section 463. 72 of these final regulations
requires the eligible agency to award
funds to eligible providers under
subpart C. We believe the requirement
to award section 243 funds using the
same requirements as other awards
under title II is consistent with WIOA.
We cannot create special considerations
for one type of eligible provider over
another in the rule. We do, however,
agree that the types of cooperation
described by the commenter may result
in a competitive application for section
243 funds and we encourage eligible
providers to seek out partnerships that
leverage workforce services for
participants in integrated English
literacy and civics education.
Change: None.
463. 75 Who is eligible to receive
education services through the
Integrated English Literacy and Civics
Education program?
Proposed§ 463. 75 described those
eligible under the Act to receive services
under the integrated English literacy
and civics education program.
Comments: One commenter expressed
support for proposed§ 463. 75. Another
commenter expressed appreciation for
the inclusion of professionals with
degrees and credentials in their native
countries. One commenter inquired
whether civics education was applicable
only to English language learners or to
all students enrolled in integrated
education and training.
Discussion: We appreciate
commenters' overall support for
55549Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
proposed§ 463. 75 and share in their
appreciation for the inclusion of
professionals with degrees and
credentials in their native countries.
While we support the integration of
civics education, as appropriate, into all
adult education and literacy activities
for all students, we also note that
integrated English literacy and civics
education is specifically for English
language learners.
Change: None.
Regulations To Be Removed
In the preamble of the NPRM, we
discussed on page 20969 those
regulations that we proposed to remove.
The Department proposed to remove 34
CFR parts 460 and 461 because these
regulations are no longer applicable to
the Federal AEFLA program. These
regulations were promulgated under the
National Literacy Act( P. L. 102-73) in
1992, which has since been superseded.
We also proposed to remove regulations
for six discretionary grant programs that
are no longer authorized by statute: the
State Literacy Resource Centers Program
part 464), the National Workplace
Literacy Program( part 472), the State
Program Analysis Assistance and Policy
Studies Program (part 477), the
Functional Literacy for State and Local
Prisoners Program( part 489), the Life
Skills for State and Local Prisoners
Program (part 490), and the Adult
Education for the Homeless Program
part 491).
Public Comment: In response to our
invitation in the NPRM, no parties
submitted comments on the removal of
any of these regulations.
Changes: None.
Regulatory Impact Analysis
Executive Order 12866
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is" significant" and,
therefore, subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget( OMB). Section 3( f) of Executive
Order 12866 defines a" significant
regulatory action" as an action likely to
result in a rule that may—
1) Have an annual effect on the
economy of$ 100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way( also
referred to as an" economically
significant" rule);
2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
4) Raise novel legal or policy issues
arising out of legal mandates, the
President' s priorities, or the principles
stated in the Executive order.
This regulatory action is a significant
regulatory action subject to review by
OMB under section 3( f) of Executive
Order 12866.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
( 1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
( recognizing that some benefits and
costs are difficult to quantify);
2) Tailor its regulations to impose the(least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
3) In choosing among alternative(regulatory approaches, select those
approaches that maximize net benefits
including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency" to use the best available
techniques to quantify anticipated
present and future benefits and costs as
The Office ofaccurately as possible."
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include" identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes."
We have also determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
We are issuing these final regulations
only on a reasoned determination that
their benefits justify their costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that these final
regulations are consistent with the
principles in Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
associated with this regulatory action
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department' s
programs and activities.
Potential Costs and Benefits
Under Executive Order 12866, we
have assessed the potential costs and
benefits of this regulatory action and
have determined that these regulationsdo not impose additional costs to State
eligible agencies under title II, local
eligible providers of adult education, or
the Federal government. We make this
determination based upon analysis of
the particular requirements in parts 462
and 463.
The regulations in part 462 primarily
represent conforming changes and
updates to current regulations so as to
make an orderlytransition from WIA to
WIOA. For example, we revised the title
of§ 462. 41 to conform to the joint WIOA
rule to implement the measurable skill
gains performance indicator by
requiring the documentation of
achievement of academic, technical,
occupational, or other forms of progress.
A second example of changes in part
462 is one in which States are provided
more flexibility in reporting outcomes
for adult learners. Section 462. 43( c)
recognizes the fact that several States
offer adult high school programs,
sanctioned by State law or regulation,
which lead to a secondary school
diploma or its equivalent. The rule now
allows these States to measure and
report educational gain through the
awarding of credits or Carnegie Units,
but does not require States to implement
changes at an additional cost. Thus,
from a cost perspective, the regulations
in part 462 do not impose substantively
new requirements on State eligible
agencies or local eligible providers of
adult education. Additionally, the
benefits of clarifying the conforming
changes from WIA to WIOA and
55550 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
providing States additional flexibility
justify the promulgation of the
regulations in part 462.
The regulations in part 462 also
update and revise existing AEFLA
regulations established under WIA that
determine the suitability of tests for use
in the NRS to reflect new WIOA
provisions. We expect that these final
regulations will result in a more
uniform test review and approval
process. For example, § 462. 10
establishes new dates by which tests
must be submitted for review each year.
The revised submission dates provide
more opportunities for publishers to
submit assessments to the Secretary for
review and may increase the availability
of new assessments to providers.
Section 462. 11( a)( 4) increases the
number of application copies that a
publisher must submit to the Secretary
from three to four. The additional cost
to test publishers of providing another
copy of an application is negligible.
Accordingly, we conclude that the
regulations in part 462 provide test
publishers with greater flexibility in the
overall submission process, and as such,
anticipate that the benefits of this
additional flexibility outweigh any
potential minimal costs for test
publishers. Moreover, we believe that
the benefits of this change outweigh the
potential costs as it strengthens the
integrity of the NRS as a critical tool for
measuring State performance on
accountability measures while reducing
costs to the Federal government.
The regulations in part 463 largely
clarify administrative and programmatic
changes made by WIOA to the
provisions regarding general adult
education (e.g., applicable definitions,
relevant programs, applicable
regulations), how States make awards to
local eligible providers, new adult
education and literacy activities, new
requirements for programs for
corrections education and the education
of other institutionalized individuals,
and a new English literacy and civics
education program. While WIOA enacts
substantive programmatic changes in
these areas, WIOA also provides States
and outlying areas funding and
flexibility to address these challenges.
The regulations in subpart C of part
463 describe the process and
requirements for States and outlying
areas to award grants or contracts to
eligible providers as well as the
activities allowed for local
administrative costs. New application
requirements include those aimed at
alignment with local workforce plans
and promotion of concurrent enrollment
with title I services, fulfillment of one-
stop partner responsibilities,
performance against the newly
established primary indicators of
performance, improving services to
meet the needs of eligible individuals,
and other information that addresses the
13 considerations outlined in§ 463. 20.
The changes and new requirements in
subpart C pose no costs to eligible State
agencies, eligible providers, or the
Federal government that are additional
to the costs imposed by statutory
requirements.
Section 463. 21 requires an eligible
agency to establish procedures for local
WDB review in its grant or contract
application process. The regulation
further establishes that the local WDB
must have an opportunity to make
recommendations to the eligible agency
to promote alignment with the local
plan and that the eligible agency must
consider the results of the review by the
local WDB in determining the extent to
which the application addresses the
required considerations in§ 463. 20.
While this is a new requirement under
WIOA, we conclude that it does not
impose significant additional costs to
eligible State agencies, eligible
providers, or the Federal government as
it minimally extends requirements
already in place to compete for AEFLA
funds.
The regulations in subparts D, F, and
G generally restate statutory definitions
of adult education and literacy activities
and clarify new allowable uses of funds.
As such, we conclude that these new
regulations add no additional costs and
provide the added benefit of clarifying
the flexibility that eligible State agencies
and eligible providers have in using
funds provided under the Act for adult
education and literacy activities as set
forth in WIOA. Thus, we have
determined that the regulations in part
463 do not impose additional costs to
State eligible agencies under title II of
WIOA, eligible providers of adult
education, or the Federal government.
Paperwork Reduction Act of 1995
The Paperwork Reduction Act of 1995
does not require you to respond to a
collection of information unless it
displays a valid OMB control number.
We display the valid OMB control
numbers assigned to the collections of
information in these final regulations at
the end of the affected sections of the
regulations.
Intergovernmental Review
This program is subject to Executive
Order 12372 and the regulations in 34
CFR part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Assessment of Educational Impact
In the NPRM, we requested comments
on whether the proposed regulations
would require transmission of
information that any other agency or
authority of the United States gathers or
makes available. We received no
comments, and we do not believe that
these regulations would require
transmission of this sort of information.
Federalism
Executive Order 13132 requires us to
ensure meaningful and timely input by
State and local elected officials in the
development of regulatory policies that
have federalism implications.
Federalism implications" means"
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. In the NPRM we
stated that the regulations covered in
that document may have federalism
implications and encouraged State and
local elected officials to review and
provide comments on the proposed
regulations. In the Public Comment
section of this preamble, we discuss any
comments we received on this subject.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format( e.g., braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
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the document published in the Federal
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official edition of the Federal Register
and the Code of Federal Regulations is
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at: www.gpo.gov/fdsys. At this site you
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Specifically, through the advanced
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55551Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Catalog of Federal Domestic Assistance 2. The authority citation at the end of § 462.3 What definitions apply?
Number: 84. 002. 462. 1 is revised to read as follows: a) Definitions in the Adult EducationAdult Education—Basic Grants to States) f
462. 1 What is the scope of this part? and Family Literacy Act( Act). The
List of Subjects following terms used in these
regulations are defined in section 203 of34 CFR Part 460 Authority: 29 U.S. C. 3292) the Adult Education and FamilyAdult education, Grant programs— • 3. Section 462. 2 is revised to read as Literacy Act, 20 U. S. C. 3292 ( Act):
education. follows:
34 CFR Part 461 b) * * *462. 2 What regulations apply?
Administrative practice and Adult basic education (ABE) meansThe following regulations apply to
procedure, Adult education, Grant this part: instruction designed for an adult whose
programs— education. a) The Education Department General educational functioning level is
34 CFR Part 462 Administrative Regulations (EDGAR) as equivalent to a particular ABE literacy
follows: level listed in the NRS educational
Administrative practice and 1) 34 CFR part 76 ( State-functioning level table in the procedure, Adult education, Grant Administered Programs). Guidelines.
programs— education, Reporting and 2) 34 CFR part 77 ( Definitions that Adult education population * * *
recordkeeping requirements. Apply to Department Regulations). 1) Who have attained 16 years of age;
34 CFR Part 463 3) 34 CFR part 79 ( Intergovernmental * * * * *
Review of Department of Education Adult education, Grant programs— 3)
education.
Programs and Activities).
4) 34 CFR part 81 ( General Education ( i) Are basic skills deficient;
34 CFR Part 464 Provisions Act—Enforcement).
5) 34 CFR part 82 ( New Restrictions (Administrative practice and iii) Are English language learners.
procedure, Adult education, Grant on Lobbying).
6) 34 CFR part 84 ( Governmentwide Adult secondary education (ASE)programs— education. means instruction designed for an adultRequirements for Drug-Free Workplace
34 CFR Part 472 Financial Assistance)). whose educational functioning level is
equivalent to a particular ASE literacyAdministrative practice and 7) 34 CFR part 86 ( Drug and Alcohol level listed in the NRS educationalAbuse Prevention).procedure, Adult education, Grant
8) 34 CFR part 97 ( Protection of functioning level table in the programs— education, Reporting and Guidelines.Human Subjects).recordkeeping requirements.
9) 34 CFR part 98 ( Student Rights in Content domains, content
34 CFR Part 477 Research, Experimental Programs, and specifications, or NRS skill areas mean,
Administrative practice and Testing). for the purpose of the NRS, reading,
procedure, Adult education, Grant 10) 34 CFR part 99 ( Family writing, and speaking the English
language, mathematics, problemprograms— education. Educational Rights and Privacy).
b) The regulations in this part 462. solving, English language acquisition,34 CFR Part 489 c)( 1) 2 CFR part 180 ( OMB and other literacy skills as defined by
Administrative practice and Guidelines to Agencies on the Secretary.
procedure, Adult education, Grant Governmentwide Debarment and Educational functioning levels mean
programs— education, Reporting and Suspension( Nonprocurement)), as the ABE, ASE, and ESL literacy levels,
recordkeeping requirements. adopted at 2 CFR part 3485; and as provided in the Guidelines, that
2) 2 CFR part 200 ( Uniform describe a set of skills and competencies34 CFR Part 491
Administrative Requirements, Cost that students demonstrate in the NRS
Administrative practice and Principles, and Audit Requirements for skill areas.
procedure, Adult education, Grant Federal Awards), as adopted at 2 CFR English as a Second Language( ESL) programs— education. part 3474. means instruction designed for an adult
Dated: June 30, 2016. Authority: 29 U.S. C. 3292) whose educational functioning level is
John B. King, Jr, 4. Section 462. 3 is amended by: equivalent to a particular ESL English
Secretary ofEducation. a. Revising paragraph( a) introductory language proficiency level listed in the
For the reasons discussed in the NRS educational functioning level tabletext.
in the Guidelines.b. Revising the definition of" Adultpreamble, under the authority of 29 basic education( ABE)" in paragraph( b). Guidelines means the ImplementationU.S. C. 3271 et seq. and 3343(f),the 3)( i), andc. Revising paragraphs( 1),( Guidelines: Measures and Methods forSecretary amends title 34 of the Code of • 3)( iii) of the definition of" AdultFederal Regulations as follows: the National Reporting System for Adult education population" in paragraph (b). Education (OMB Control Number:
PART 462— MEASURING d. Revising the definitions of" Adult 1830- 0027) ( also known as NRS
EDUCATIONAL GAIN IN THE secondary education( ASE)", " Content Implementation Guidelines) posted on
NATIONAL REPORTING SYSTEM FOR domains, content specifications, or NRS the Internet at: www.nrsweb.org. ADULT EDUCATION skill areas"," Educational functioning * * * * *
levels", " English as a second language
1. The authority citation for part 462 ( ESL)", and" Guidelines" in paragraph ( Authority: 29 U. S. C. 3292, et seq., unless
otherwise noted)is revised to read as follows: b).
e. Revising the authority citation. 5. Section 462. 4 is revised to read asAuthority: 29 U.S. C. 3292, et seq., unless •
otherwise noted. The revisions read as follows: follows:
55552 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
462.4 What are the transition rules for or sub-tests, or number of hoursj) * * * using tests to measure educational gain for ( 4) If a test has been substantially between pre-and post-testing.the National Reporting System for Adult revised—for example by changing its * * * * * Education( NRS)?
mode of administration, administration 5) If the Secretary revokes theA State or an eligible provider may procedures, structure, number of items, determination regarding the suitabilitycontinue to measure educational gain content specifications, item types, of a test, the Secretary publishes in thefor the NRS using tests that the forms, sub-tests, or number of hours Federal Register and posts on the
Secretary has identified in the most between pre-and post-testing from the Internet at www.nrsweb.org a notice ofrecent notice published in the Federal most recent edition reviewed bythe that revocation along with the date byRegister until the Secretary announces Secretary under this part—the test which States and eligible providersthrough a notice published in the publisher must provide an analysis of must stop using the revoked test. A copyFederal Register a date by which such the revisions, including the reasons for of the notice of revocation is also tests may no longer be used. the revisions, the implications of the available from the U.S. Department of
Authority: 29 U. S. C. 3292) revisions for the comparability of scores Education, Office of Career, Technical,
6. In§ 462. 10, paragraph( b) and the on the current test to scores on the and Adult Education, Division of Adult
authority citation for the section are previous test, and results from validity, Education and Literacy, 400 Maryland
revised to read as follows: reliability, and equating or standard-Avenue SW., Room 11152, Potomac
setting studies undertaken subsequent Center Plaza, Washington, DC 20202—
462. 10 How does the Secretary review to the revisions. 7240. tests?
Authority: 29 U.S. C. 3292) Authority: 29 U. S. C. 3292)
b) A test publisher that wishes to 8. Section 462. 12 is amended by 9. Section 462. 13 is amended by
have the suitability of its test revising paragraphs ( a)( 2)( iv), (c)( 2), revising paragraph( b) and the authority
d)( 2), ( e)( 1)( ii), and( e)( 5), and the citation to read as follows:determined by the Secretary under this (
part must submit an application to the authority citation to read as follows: 462.13 What criteria and requirementsSecretary, in the manner the Secretary 462. 12 What procedures does the does the Secretary for determining the prescribe, byOctober 1, April §may p Secretary use to review the suitability of suitability of tests? 1, 2017, October 1, 2017, April 1, 2018, tests?
October 1, 2018, and by October 1 of a) * * * b) The test must sample one or more each year thereafter.
2) of the major content domains of the NRS
Authority: 29 U. S. C. 3292) i) * * * educational functioning levels of ABE,
ASE or ESL with sufficient numbers of7. Section 462. 11 is amended by iv) Includes a test that samples one
revising paragraphs ( a)( 4), ( b), ( e) or more of the major content domains of questions to adequately represent the
introductory text, (f) introductory text, domain or domains.the NRS educational functioning levels and( j)( 4) and the authority citation to of ABE, ASE or ESL with sufficient
read as follows: numbers of questions to represent Authority: 29 U. S. C. 3292)
462.11 What must an application adequately the domain or domains; and 10. Section 462. 14 is amended by
contain? revising paragraph( b) and the authority
a) * * * c) * * * citation to read as follows:
4) Submit to the Secretary four copies ( 2) Annually publishes in the Federal 462. 14 How often and under whatof its application. Register and posts on the Internet at
b) General information. (1) A circumstances must a test be reviewed bywww.nrsweb. org a list of the names of the Secretary?statement, in the technical manual for tests and test forms and the educational
the test, of the intended purpose of the functioning levels the tests are suitable * * * * *
test and how the test will allow b) If a test that the Secretary hasto measure in the NRS. A copy of the
examinees to demonstrate the skills that determined is suitable for use in thelist is also available from the U.S.
are associated with the NRS educational Department of Education, Office of NRS is substantially revised—for
functioning levels in the Guidelines. Career, Technical, and Adult Education, example, by changing its mode of
administration, administrationDivision of Adult Education and
procedures, structure, number of items,e) Match of content to the NRS Literacy, 400 Maryland Avenue SW., content specifications, item types,educational functioning levels( content Room 11152, Potomac Center Plaza,
forms, sub tests, or number of hoursvalidity). Documentation of the extent to Washington, DC 20202-7240.
which the items or tasks on the test d) * * * between pre-and post-testing—and the
test publisher wants the test to continue cover the skills in the NRS educational ( 2) The test publisher may resubmit to be used in the NRS, the test publisherfunctioning levels in the Guidelines, an application to have the suitability of must submit, as provided inincluding— its test determined by the Secretary j)( 4), the substantially revisedunder this part on October 1 in the year § tesstt or v(version of the test to the f)Match of scores to NRS educational immediately following the year in etSecretary for review so that thefunctioning levels. Documentation of the which the Secretary notifies the Secretary can determine whether thepublisher.adequacy of the procedure used to test continues to be suitable for use in translate the performance of an e) * the NRS. examinee on a particular test to an 1) * * *
estimate of the examinee' s standing ii) A test has been substantially
with respect to the NRS educational Authority: 29 U. S. C. 3292)revised—for example, by changing its (
functioning levels in the Guidelines, mode of administration, administration • 11. Section 462. 40 is amended by
including— procedures, structure, number of items, revising paragraphs ( c)( 2) and( 3) and
content specifications, item types, forms the authority citation to read as follows:
55553Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
462.40 Must a State have an assessment
policy?
c) * * *
2) Identify the pre- and post-tests that
the State requires eligible providers to
use to measure the educational
functioning level gain of ABE, ASE, and
ESL students;
3)( i) Indicate when, in calendar days
or instructional hours, eligible providers
must administer pre-and post-tests to
students;
ii) Ensure that the time for
administering the post-test is long
enough after the pre-test to allow the
test to measure educational functioning
level gains according to the test
publisher' sguidelines; andP
iii) Specify a standard for the
percentage of students to be pre- and
post-tested.
Authority: 29 U. S. C. 3292)
12. Section 462. 41 is amended by
revising paragraphs (b)( 2) and( 3), ( c)( 2),
and the authority citation to read as
follows:
462.41 How must tests be administered
in order to accurately measure educational
gain?
b) * * *
2) Administer the pre-test to students
at a uniform time, according to the
State' s assessmentolicandP y'
3) Administer pre-tests to students in
the skill areas identified in the State' s
assessment policy.
c) * * *
2) Administer the post-test to
students at a uniform time, according to
the State' s assessment policy;
Authority: 29 U. S. C. 3292)
13. The authority citation at the end
of§ 462. 42 is revised to read as follows:
462.42 How are tests used to place
students at an NRS educational functioning
level?
Authority: 29 U. S. C. 3292)
462.43 [ Removed and Reserved]
14. Remove and reserve§ 462. 43.
462.44 [ Removed and Reserved]
15. Remove and reserve§ 462. 44.
16. Part 463 is added to read as
follows:
PART 463-ADULT EDUCATION AND
FAMILY LITERACY ACT
Sec.
Subpart A-Adult Education General
Provisions
463. 1 What is the purpose of the Adult
Education and Family Literacy Act?
463. 2 What regulations apply to the Adult
Education and Family Literacy Act
programs?
463. 3 What definitions apply to the Adult
Education and Family Literacy Act
programs?
Subpart B-[ Reserved]
Subpart C-How Does a State Make an
Award to Eligible Providers?
463. 20 What is the process that the eligible
agency must follow in awarding grants or
contracts to eligible providers?
463. 21 What processes must be in place to
determine the extent to which a local
application for grants or contracts to
provide adult education and literacy
services is aligned with a local plan
under section 108 of WIOA?
463. 22 What must be included in the
eligible provider' s application for a grant
or contract?
463. 23 Who is eligible to apply for a grant
or contract for adult education and
literacy activities?
463. 24 How can an eligible provider
establish that it has demonstrated
effectiveness?
463. 25 What are the requirements related to
local administrative cost limits?
463. 26 What activities are considered local
administrative costs?
Subpart D-What Are Adult Education and
Literacy Activities?
463. 30 What are adult education and
literacy programs, activities, and
services?
463. 31 What is an English language
acquisition program?
463. 32 How does a program that is intended
to be an English language acquisition
program meet the requirement that the
program lead to attainment of a
secondary school diploma or its
recognized equivalent and transition to
postsecondary education and training or
leads to employment?
463. 33 What are integrated English literacy
and civics education services?
463. 34 What are workforce preparation
activities?
463. 35 What is integrated education and
training?
463. 36 What are the required componentsqP
of an integrated education and training
program funded under title II?
463. 37 How does a program providing
integrated education and training under
title II meet the requirement that the
three required components be
integrated"?
463. 38 How does a program providing
integrated education and training under
title II meet the requirement that an
integrated education and training
program be" for the purpose of
educational and career advancement"?
Subpart E-[ Reserved]
Subpart F-Programs for Corrections
Education and the Education of Other
Institutionalized Individuals?
463. 60 What are programs for Corrections
Education and the Education of other
Institutionalized Individuals?
463. 61 How does the eligible agency award
funds to eligible providers under the
program for Corrections Education and
Education of other Institutionalized
Individuals?
463. 62 What is the priority for programs
that receive funding through programs
for Corrections Education and Education
of other Institutionalized Individuals?
463. 63 How mayfunds under programsP g for
Corrections Education and Education of
other Institutionalized Individuals be
used to support transition to re-entry
initiatives and other post-release services
with the goal of reducing recidivism?
Subpart G-What Is the Integrated English
Literacy and Civics Education Program?
463. 70 What is the Integrated English
Literacy and Civics Education program?
463. 71 How does the Secretary make an
award under the Integrated English
Literacy and Civics Education program?
463. 72 How does the eligible agency award
funds to eligible providers for the
Integrated English Literacy and Civics
Education program?
463. 73 What are the requirements for
eligible providers that receive funding
through the Integrated English Literacy
and Civics Education program?
463. 74 How does an eligible provider that
receives funds through the Integrated
English Literacy and Civics Education
program meet the requirement to use
funds for Integrated English Literacy and
Civics Education in combination with
integrated education and training
activities?
463. 75 Who is eligible to receive education
services through the Integrated English
Literacy and Civics Education program?
Subpart H-K-[ Reserved]
Authority: 29 U.S. C. 102 and 103, unless
otherwise noted.
Subpart A-Adult Education General
Provisions
463.1 What is the purpose of the Adult
Education and Family Literacy Act?
The purpose of the Adult Education
and Family Literacy Act( AEFLA) is to
create a partnership among the Federal
Government, States, and localities to
provide, on a voluntary basis, adult
education and literacy activities, in
order to-
a) Assist adults to become literate
and obtain the knowledge and skills
necessary for employment and
economic self-sufficiency;
b) Assist adults who are parents or
family members to obtain the education
and skills that-
55554 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
1) Are necessary to becoming full
partners in the educational development
of their children; and
2) Lead to sustainable improvements
in the economic opportunities for their
family;
c) Assist adults in attaining a
secondary school diploma or its
recognized equivalent and in the
transition to postsecondary education
and training, through career pathways;
and
d) Assist immigrants and other
individuals who are English language
learners in—
1) Improving their—
i) Reading, writing, speaking, and
comprehension skills in English; and
ii) Mathematics skills; and
2) Acquiring an understanding of the
American system of Government,
individual freedom, and the
responsibilities of citizenship.
Authority: 29 U. S. C. 3271)
463.2 What regulations apply to the
Adult Education and Family Literacy Act
programs?
The followingregulations apply to theg pp y
Adult Education and Family Literacyg
Act programs:
a) The following Education
Department General Administrative
Regulations (EDGAR):
1) 34 CFR part 75 ( Direct Grant
Programs), except that 34 CFR 75. 720(b),
regarding the frequency of certain
reports, does not apply.
2) 34 CFR part 76 ( State-
Administered Programs), except that 34
CFR 76. 101 ( The general State
application) does not apply.
3) 34 CFR part 77 ( Definitions that
Apply to Department Regulations).
4) 34 CFR part 79 ( Intergovernmental
Review of Department of Education
Programs and Activities).
5) 34 CFR part 81 ( General Education
Provisions Act—Enforcement).
6) 34 CFR part 82 ( New Restrictions
on Lobbying).
7) 34 CFR part 86 (Drug and Alcohol
Prevention).
8) 2 CFR part 200 ( Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards), as adopted at 2 CFR
part 3474.
b) The regulations in 34 CFR part
462.
c) The regulations in 34 CFR part
463.
463.3 What definitions apply to the Adult
Education and Family Literacy Act
programs?
Definitions in the Workforce
Innovation and Opportunity Act. The
following terms are defined in Sections
3, 134, 203, and 225 of the Workforce
Innovation and Opportunity Act( 29
U. S. C. 3102, 3174, 3272, and 3305):
Adult Education
Adult Education and Literacy Activities
Basic Skills Deficient
Career Pathway
Core Program
Core Program Provision
Correctional Institution
Criminal Offender
Customized Training
Eligible Agency
Eligible Individual
Eligible Provider
English Language Acquisition Program
English Language Learner
Essential Components of Reading
Family Literacy Activities
Digital literacy means the skills
associated with using technology to
enable users to find, evaluate, organize,
create, and communicate information.
Peer tutoring means an instructional
model that utilizes one institutionalized
individual to assist in providing or
enhancing learning opportunities for
other institutionalized individuals. A
peer tutoring program must be
structured and overseen by educators
who assist with training and supervising
tutors, setting educational goals,
establishing an individualized plan of
instruction, and monitoring progress.
Re-entry and post-release services
means services provided to a formerly
incarcerated individual upon or shortly
after release from a correctional
Governorinstitution that are designed to promote
Individual with a Barrier to
Employment
Individual with a Disability
Institution of Higher Education
Integrated Education and Training
Integrated English Literacy and Civics
Education
Literacy
Local Educational Agency
On-the-Job Trainin
Outlying Area
Postsecondary Educational Institution
State
Training Services
Workplace Adult Education and
Literacy Activities
Workforce Preparation Activities
Definitions in EDGAR. The following
terms are defined in 34 CFR 77. 1:
Applicant
Application
Award
Budget
Budget Period
Contract
Department
ED
EDGAR
Fiscal Year
Grant
Grantee
Nonprofit
Private
Project
Project Period
Public
Secretary
Subgrant
Subgrantee
Other Definitions. The following
definitions also apply:
Act means the Workforce Innovation
and Opportunity Act, Public Law 113–
128.
Concurrent enrollment or co-
enrollment refers to enrollment by an
eligible individual in two or more of the
six core programs administered under
the Act.
successful adjustment to the community
and prevent recidivism. Examples
include education, employment
services, substance abuse treatment,
housing support, mental and physical
health care, and family reunification
services.
Title means title II of the Workforce
Innovation and Opportunity Act, the
Adult Education and Family Literacy
Act, Public Law 113-128.
Subpart B—[ Reserved]
Subpart C— How Does a State Make an
Award to Eligible Providers?
463.20 What is the process that the§
eligible agency must follow in awarding
grants or contracts to eligible providers?
a) From grant funds made available
under section 222( a)( 1) of the Act, each
eligible agency must award competitive
multiyear grants or contracts to eligible
providers within the State or outlying
area to enable the eligible providers to
develop, implement, and improve adult
education and literacy activities within
the State or outlying area.
b) The eligible agency must require
that each eligible provider receiving a
grant or contract use the funding to
establish or operate programs that
provide adult education and literacy
activities, including programs that
provide such activities concurrently.
c) In conducting the competitive
grant process, the eligible agency must
ensure that—
1) All eligible providers have direct
and equitable access to apply and
compete for grants or contracts;
( 2) The same grant or contract
announcement and application
processes are used for all eligible
providers in the State or outlying area;
and
3) In awarding grants or contracts to
eligible providers for adult education
seccttions
55555Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
and literacy activities, funds shall not be
used for the purpose of supporting or
providing programs, services, or
activities for individuals who are not
eligible individuals as defined in the
Act, except that such agency may use
such funds for such purpose if such
programs, services, or activities are
related to family literacy activities. Prior
to providing family literacy activities for
individuals who are not eligible
individuals, an eligible provider shall
attempt to coordinate with programs
and services that do not receive funding
under this title.
d) In awarding grants or contracts for
adult education and literacy activities to
eligible providers, the eligible agency
must consider the following:
1) The degree to which the eligible
provider would be responsive to—
i) Regional needs as identified in the
local workforce development plan; and
ii) Serving individuals in the
community who were identified in such
plan as most in need of adult education
and literacy activities, including
individuals who—
A) Have low levels of literacy skills;
or
B) Are English language learners;
2) The ability of the eligible provider
to serve eligible individuals with
disabilities, including eligible
individuals with learning disabilities;
3) The past effectiveness of the
eligible provider in improving the
literacy of eligible individuals,
especially those individuals who have
low levels of literacy, and the degree to which those improvements contribute to
the eligible agency meeting its State-
adjusted levels of performance for the
primary indicators of performance
described in§ 677. 155;
4) The extent to which the eligible
provider demonstrates alignment
between proposed activities and
services and the strategy and goals of
the local plan under section 108 of the
Act, as well as the activities and
services of the one-stop partners;
5) Whether the eligible provider' s
program—
i) Is of sufficient intensity and
quality, and based on the most rigorous
research available so that participants
achieve substantial learning gains; and
ii) Uses instructional practices that
include the essential components of
reading instruction;
6) Whether the eligible provider' s
activities, including whether reading,
writing, speaking, mathematics, and
English language acquisition instruction
delivered by the eligible provider, are
based on the best practices derived from
463.21 What processes must be in placeincluding scientifically valid research §
to determine the extent to which a localand effective educational practice;
application for grants or contracts to7) Whether the eligible provider' s
provide adult education and literacyactivities effectively use technology, sealigned w?th a local plan under services and delivery systems, including ion 108 of WIOA. distance education, in a manner
sufficient to increase the amount and a) An eligible agency must establish,
within its grant or contract competition,quality of learning, and how such a process that provides for thetechnology, services, and systems lead submission of all applications for fundsto improved performance;
under AEFLA to the appropriate Local8) Whether the eligible provider' s
Boards.activities provide learning in context, b) The process must include—including through integrated education (
1) Submission of the applications toand training, so that an individual
acquires the skills needed to transition the appropriate Local Board for its
to and complete postsecondary review for consistency with the local
plan within the appropriate timeframe;education and training programs, obtain
and advance in employment leading to and
economic self-sufficiency, and to 2) An opportunity for the local board
exercise the rights and responsibilities to make recommendations to the eligible
of citizenship; agency to promote alignment with the
( 9) Whether the eligible provider' s local plan.
activities are delivered by instructors, c) The eligible agency must consider
counselors, and administrators who the results of the review by the Local
meet any minimum qualifications Board in determining the extent to
established by the State, where which the application addresses the
applicable, and who have access to required considerations in § 463. 20.
high-quality professional development, ( Authority: 29 U. S. C. 3122( d)( 11), 3321( e),including through electronic means; 3322)
10) Whether the eligible provider
463.22 What must be included in thecoordinates with other available
eligible provider' s application for a grant oreducation, training, and social service
contract? resources in the community, such as by
establishing strong links with a) Each eligible provider seeking a
grant or contract must submit anelementary schools and secondary
schools, postsecondary educational application to the eligible agency
institutions, institutions of higher containing the information and
education, Local WDBs, one-stop assurances listed below, as well as any
centers, job training programs, and additional information required by the
social service agencies, business, eligible agency, including:
industry, labor organizations, 1) A description of how funds
community-based organizations, awarded under this title will be spent
nonprofit organizations, and consistent with the requirements of title
intermediaries, in the development of II of AEFLA;
career pathways; 2) A description of any cooperative
11) Whether the eligible provider' s arrangements the eligible provider has
activities offer the flexible schedules with other agencies, institutions, or
and coordination with Federal, State, organizations for the delivery of adult
and local support services ( such as child education and literacy activities;
care, transportation, mental health 3) A description of how the eligible
services, and career planning) that are provider will provide services in
necessary to enable individuals, alignment with the local workforce
including individuals with disabilities development plan, including how such
or other special needs, to attend and provider will promote concurrent
complete programs; enrollment in programs and activities
12) Whether the eligible provider under title I, as appropriate;(maintains a high-quality information 4) A description of how the eligible
management system that has the provider will meet the State-adjusted
capacity to report measurable levels of performance for the primary
participant outcomes (consistent with indicators of performance identified in
section§ 666. 100) and to monitor the State' s Unified or Combined State
program performance; and Plan, including how such provider will 13) Whether the local area in which collect data to report on such
the eligible provider is located has a performance indicators;
demonstrated need for additional 5) A description of how the eligible
English language acquisition programs provider will fulfill, as appropriate,
and civics education programs. required one-stop partner
the most rigorous research available, ( responsibilities to—Authority: 29 U.S. C. 3321)
55556 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
i) Provide access through the one- § 463. 24 How must an eligible provider d) Providing adult education and
establish that it has demonstratedstop delivery system to adult education literacy services in alignment with local
effectiveness?and literacy activities; workforce plans, including promoting
ii) Use a portion of the funds made a) For the purposes of this section, an co-enrollment in programs and activities
available under the Act to maintain the eligible provider must demonstrate past under title I, as appropriate; and
one-stop delivery system, including effectiveness by providing performance ( e) Carrying out the one-stop partner
payment of the infrastructure costs for data on its record of improving the skills responsibilities described in§ 678. 420,
the one-stop centers, in accordance with of eligible individuals, particularly including contributing to the
eligible individuals who have low levelsthe methods agreed upon by the Local infrastructure costs of the one-stop
Board and described in the of literacy, in the content domains of delivery system.
memorandum of understanding or the reading, writing, mathematics, English ( Authority: 29 U. S. C. 3323, 3322, 3151)language acquisition, and other subjectdetermination of the Governor regarding
areas relevant to the services containedState one-stop infrastructure funding; Subpart D— What Are Adult Education
iii) Enter into a local memorandum of in the State' s application for funds. An and Literacy Activities?
eligible provider must also provideunderstanding with the Local Board, 463.30 What are adult education andrelating to the operations of the one-stop information regarding its outcomes for §
participants related to employment, literacy programs, activities, and services?system;
The term" adult education andiv) Participate in the operation of the attainment of secondary school diploma
one-stop system consistent with the or its recognized equivalent, and literacy activities" means programs,
activities, and services that include:terms of the memorandum of transition to postsecondary education
a) Adult education,understanding, and the requirements of and training.
the Act; and b) There are two ways in which an b) Literacy,
c) Workplace adult education andv) Provide representation to the State eligible provider may meet the
board; requirements in paragraph( a) of this literacy activities,
6) A description of how the eligible section: d) Family literacy activities,
e) English language acquisitionprovider will provide services in a 1) An eligible provider that has been (
manner that meets the needs of eligible funded under title II of the Act must activities,
individuals; provide performance data required f) Integrated English literacy and
civics education,7) Information that addresses the 13 under section 116 to demonstrate past
considerations listed in§ 463. 20; and effectiveness. g) Workforce preparation activities,
8) Documentation of the activities 2) An eligible provider that has not or
h) Integrated education and training.required by § 463. 21( b). been previously funded under title II of (
b) [ Reserved] the Act must provide performance data ( Authority: 29 U. S. C. 3272( 2))
to demonstrate its past effectiveness inAuthority: 29 U.S.C. 3322) 463.31 What is an English languageserving basic skills deficient eligible § acquisition program?463.23 Who is eligible to apply for a individuals, including evidence of its grant or contract for adult education and The term" English languagesuccess in achieving outcomes listed in literacy activities? acquisition program" means a programparagraph( a) of this section.
An organization that has of instruction—
Authority: 29 U.S. C. 3272( 5))demonstrated effectiveness in providing a) That is designed to help eligible
adult education and literacy activities is § 463. 25 What are the requirements related individuals who are English language
to local administrative cost limits?eligible to apply for a grant or contract. learners achieve competence in reading,
These organizations may include, but Not more than five percent of a local writing, speaking, and comprehension
are not limited to: of the English language; andgrant to an eligible provider can be
b) That leads to—a) A local educational agency; expended to administer a grant or
b) A community-based organization contract under title II. In cases where 1) Attainment of a secondary school
or faith-based organization; five percent is too restrictive to allow for diploma or its recognized equivalent;
andc) A volunteer literacy organization; administrative activities, the eligible
d) An institution of higher education; 2) Transition to postsecondaryagency may increase the amount that
e) A public or private nonprofit can be spent on local administration. In education and training; or
3) Employment.agency; such cases, the eligible provider must
f) A library; negotiate with the eligible agency to Authority: 29 U. S. C. 3272( 6))
g) A public housing authority; determine an adequate level of funds to
463.32 How does a program that ish) A nonprofit institution that is not be used for non-instructional purposes. §intended to be an English languagedescribed in any of paragraphs ( a) Authority: 29 U.S. C. 3323) acquisition program meet the requirementthrough( g) of this section and has the ( that the program leads to attainment of a
abilitytoprovide adult education and 463. 26 What activities are considered secondary school diploma or its recognizedlocal administrative costs?literacy activities to eligible individuals; equivalent and transition to postsecondaryi) A consortium or coalition of the An eligible provider receiving a grant education and training or leads to
agencies, organizations, institutions, employment?or contract under this part may consider
libraries, or authorities described in any costs incurred in connection with the To meet the requirement in
of paragraphs (a) through (h) of this following activities to be administrative § 463. 31( b) a program of instruction
section; and costs: must:
j) A partnership between an a) Planning; a) Have implemented State adult
employer and an entity described in any ( b) Administration, including carrying education content standards that are of paragraphs (a) through (i)of this out performance accountability aligned with State-adopted challenging
section. requirements; academic content standards, as adopted
Authority: 29 U. S. C. 3272( 5)) c) Professional development; under the Elementary and Secondary
55557Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
Education Act of 1965, as amended specific occupation or occupational content standards for adult education as
ESEA) as described in the State' s cluster for the purpose of educational described in the State' s Unified or
Unified or Combined State Plan and as and career advancement. Combined State Plan; and
evidenced by the use of a State or local ( Authority: 29 U.S. C. 3272( 11)) b) The integrated education and
curriculum, lesson plans, or training program is part of a career instructional materials that are aligned § 463. 36 What are the required
components of an integrated education and pathway.with the State adult education content
training program funded under title II? Authority: 29 U. S. C. 3272, 3112)standards; or
b) Offer educational and career An integrated education and training Subpart E—[ Reserved]program must include threecounseling services that assist an
eligible individual to transition to components:
Subpart F— What are Programs fora) Adult education and literacypostsecondary education or activities as described in§ 463. 30. Corrections Education and the employment; or
b) Workforce preparation activities as Education of Other Institutionalizedc) Be part of a career pathway. described in § 463. 34. Individuals?
Authority: 29 U. S. C. 3112( b)( 2)( D)( ii), 3272) ( c) Workforce training for a specific 463.60 What are programs for occupation or occupational cluster463.33 What are integrated English which can be anyone of the trainingCorrections Education and the Education ofliteracy and civics education services? other Institutionalized Individuals? services defined in section 134 c 3)( D)a) Integrated English literacy and of the Act. a) Authorized under section 225 of
the Act, programs for corrections
civics education services are education
services provided to English language ( Authority: 29 U.S. C. 3272, 3174)
education and the education of otherlearners who are adults, including 463. 37 How does a program providing institutionalized individuals requireprofessionals with degrees or
credentials in their native countries, integrated education and training under title each eligible agency to carry out II meet the requirement that the three corrections education and education forthat enable such adults to achieve required components be" integrated"? other institutionalized individuals usingcompetency in the English language and In order to meet the re uirement thatq funds provided under section 222 of theacquire the basic and more advanced the adult education and literacy Act.skills needed to function effectively as activities, workforce preparation parents, workers, and citizens in the b) The funds described in paragraphactivities, and workforce training beUnited States. a) of this section must be used for theintegrated, services must be providedb) Integrated English literacy and cost of educational programs for concurrently and contextually suchcivics education services must include criminal offenders in correctionalthat— instruction in literacy and English institutions and other institutionalizeda) Within the overall scope of a language acquisition and instruction on particular integrated education and individuals, including academic
the rights and responsibilities of programs for—training program, the adult education citizenship and civic participation and and literacy activities, workforce 1) Adult education and literacymay include workforce training. preparation activities, and workforce activities;
Authority: 29 U. S. C. 3272( 12)) training: 2) Special education, as determined
1) Are each of sufficient intensity and (463.34 What are workforce preparation by the eligible agency;quality, and based on the most rigorousactivities?
research available, particularly with 3) Secondary school credit;
Workforce preparationactivitiepaactivities, respect to improving reading, writing, 4) Integrated education and training;include or sevices mathematics, and English proficiency of ( 5) Career pathways;designed to help an individual acquire eligible individuals; a combination of basic academic skills, 6) Concurrent enrollment;2) Occur simultaneously; and critical thinking skills, digital literacy 3) Use occupationally relevant 7) Peer tutoring; and skills,rticand self-management skills, instructional materials.
b) The integrated education and 8) Transition to re-entry initiativesincluding competencies in:
and other post-release-services with thea) Utilizing resources; training program has a single set of b) Using information; goal of reducing recidivism.learning objectives that identifies c) Working with others; specific adult education content, Authority: 29 U. S. C. 3302, 3305)d) Understanding systems; workforce preparation activities, and e) Skills necessary for successful 463.61 How does the eligible agencyworkforce training competencies, and §transition into and completion of award funds to eligible providers under the the program activities are organized to program for Corrections Education andpostsecondary education or training, or function cooperatively. Education of other Institutionalized
Individuals?
employment; and
f) Other employability skills that Authority: 29 U.S. C. 3272)
increase an individual' s preparation for § 463. 38 How does a program providing a) States may award up to 20 percentthe workforce. integrated education and training under title of the 82. 5 percent of the funds made
II meet the requirement that the integratedAuthority: 29 U. S. C. 3272( 17); P. L. 111-340) available by the Secretary for local
education and training program be" for the grants and contracts under section 231
463.35 What is integrated education and purpose of educational and career of the Act for programs for corrections training? advancement"? education and the education of other
The term" integrated education and A provider meets the requirement that institutionalized individuals.
training" refers to a service approach the integrated education and training b) The State must make awards tothat provides adult education and program provided is for the purpose of (eligible providers in accordance withliteracy activities concurrently and educational and career advancement if: subpart C.a) The adult education component of
activities and workforce training for a the program is aligned with the State' s ( Authority: 29 U. S. C. 3302, 3321)
contextually with workforce preparation (
integratedCo-integratedoncattheandtsupport
55558 Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
463.62 What is the priority for programs ( Authority: 29 U.S. C. 3272, 3333) 2) Integrate with the local workforce
that receive funding through programs for development system and its functions to
Corrections Education and Education of § 463. 71 How does the Secretary make an carry out the activities of the program.other Institutionalized Individuals? award under the Integrated English Literacy
and Civics Education program? Authority: 29 U. S. C. 3272, 3333)Each eligible agency using funds
provided under Programs for a) The Secretary awards grants under § 463.74 How does an eligible provider
Corrections Education and Education of the Integrated English Literacy and that receives funds through the Integrated
Civics Education program to States thatOther Institutionalized Individuals to English Literacy and Civics Education
have an approved Unified State Plan in program meet the requirement to use fundscarry out a program for criminal accordance with§ 463. 90 through for Integrated English Literacy and Civicsoffenders within a correctional
463. 145, or an approved Combined Education in combination with integratedinstitution must give priority to State Plan in accordance with§ 463. 90 education and training activities? programs serving individuals who are through § 463. 145. An eligible provider that receiveslikely to leave the correctional
institution within five years of b) The Secretary allocates funds to funds through the Integrated English
participation in the program. States following the formula described Literacy and Civics Education program
in section 243( b) of the Act. may meet the requirement to use fundsAuthority: 29 U. S. C. 3305) 1) Sixty-five percent is allocated on for integrated English literacy and civics
the basis of a State' s need for integrated education in combination with463.63 How may funds under programs
for Corrections Education and Education of English literacy and civics education, as integrated education and training
other Institutionalized Individuals be used determined by calculating each State' s activities by: to support transition to re-entry initiatives share of a 10-year average of the data of a) enrolling participants inand other post-release services with the the Office of Immigration Statistics ofg education and training asgoal of reducing recidivism? the Department of Homeland Security described in subpart D of this part that Funds under Programs for Corrections for immigrants admitted for legal is provided within the local or regional
Education and the Education of Other permanent residence for the 10 most workforce development area from Institutionalized Individuals may be recent years; and sources other than section 243 of the
used to support educational programs 2) Thirty-five percent is allocated on Act; or
for transition to re-entry initiatives and the basis of whether the State b) Using funds provided underother post-release services with the goal experienced growth, as measured by the sect( 243 of Act of reducing recidivism. Such use of average of the three most recent years education funds may include educational for which the data of the Office of ng
civiti r bein subtrapartactivities as described in subpart D of counseling or case work to support Immigration Statistics of the Department this part.incarcerated individuals' transition to of Homeland Security for immigrants
re-entry and other post-release services. admitted for legal permanent residence ( Authority: 29 U. S. C. 3333, 3121, 3122, 3123)
are available.Examples include assisting incarcerated 463.75 Who is eligible to receive individuals to developplans forpost-3) No State receives an allotment less education services through the Integrated
release education program participation, than$ 60, 000. English Literacy and Civics Education assisting students in identifying and program?Authority: 29 U.S. C. 3333)applying for participation in post-Individuals who otherwise meet the release programs, and performing direct § 463. 72 How does the eligible agency definition of" eligible individual" and award funds to eligible providers for theoutreach to community-based program are English language learners, includingproviders on behalf of re-entering Integrated English Literacy and Civics professionals with degrees andEducation program?students. Such funds may not be used credentials obtained in their native for costs for participation in post-release States must award funds for the
countries, may receive Integratedprograms or services. Integrated English Literacy and Civics English Literacy and Civics EducationEducation program to eligible providersAuthority: 29 U. S. C. 3305) services.in accordance with subpart C.
Subpart G— What Is the Integrated Authority: 29 U. S. C. 3272)Authority: 29 U.S. C. 3321)
English Literacy and Civics Education Subpart H– K—[ Reserved]Reserved463. 73 What are the requirements for
eligible providers that receive funding
463.70 What is the Integrated English through the Integrated English Literacy and PART 464[ REMOVED AND
Literacy and Civics Education program? RESERVED]Civics Education program?
a) The Integrated English Literacy Eligible providers receiving funds 17. Remove and reserve part 464.and Civics Education program refers to through the Integrated English Literacy •
the use of funds provided under section and Civics Education program must PART 472[ REMOVED AND 243 of the Act for education services for provide services that— RESERVED]English language learners who are a) Include instruction in literacy and
adults, including professionals with English language acquisition and 18. Remove and reserve part 472. degrees and credentials in their native instruction on the rights and
countries. responsibilities of citizenship and civic PART 477[ REMOVED AND
participation; andb) The Integrated English Literacy RESERVED]
and Civics Education program delivers ( b) Are designed to:
educational services as described in 1) Prepare adults who are English • 19. Remove and reserve part 477.
463. 33. language learners for, and place such
c) Such educational services must be adults in, unsubsidized employment in PART 489[ REMOVED AND
delivered in combination with in-demand industries and occupations RESERVED]
integrated education and training that lead to economic self-sufficiency;
activities as described in§ 463. 36. and 20. Remove and reserve part 489.
55559Federal Register/ Vol. 81, No. 161/ Friday, August 19, 2016/ Rules and Regulations
PART 490[ REMOVED AND
RESERVED]
21. Remove and reserve part 490.
FR Doc. 2016-16049 Filed 8- 8-16; 11: 15 am]
BILLING CODE 4000-01-P