20 U.S.C. § 1206a
Section 1206a · Four-year State plan
Amended 4 times on record
(1) In formulating the State plan, the State agency shall meet with and utilize the State advisory council, if established pursuant to section 1205a of this title.
(2) The State agency shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public, including groups serving educationally disadvantaged adults, and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State agency's response shall be included with the State plan submitted to the Secretary.
(3)(A) Not less than 60 days before submission of the State plan to the Secretary under section 1206 of this title, the State agency shall simultaneously submit the proposed State plan to (i) the State Board or agency for vocational education, (ii) the State Job Training Coordinating Council under the Job Training Partnership Act [29 U.S.C. 1501 et seq.], and (iii) the State Board responsible for postsecondary education for review and comment. Such comments (to the extent such comments are received in a timely fashion) and the State's response shall be included with the State plan submitted to the Secretary. The Secretary shall consider such comments in reviewing such plan.
(B) Not less than 60 days before the submission of the State plan to the Secretary, such plan shall be submitted to the State advisory council (if such a council exists). Should the State advisory council find that it has substantial disagreement with the final State plan, the Council may file timely objections with the State agency. The State agency shall respond to all substantial objections of the State advisory council in submitting such plan to the Secretary. The Secretary shall consider such comments in reviewing the State plan.
In developing the 4-year State plan, each State shall (1) make a thorough assessment of (A) the needs of adults, including educationally disadvantaged adults, eligible to be served as well as adults proposed to be served and those served and (B) the capability of existing programs and institutions to meet those needs, and (2) state the changes and improvements required in adult education to fulfill the purposes of this chapter, and the options for implementing these changes and improvements.
Consistent with the assessments described in subsection (b) of this section each such plan shall—
(1) describe and provide for the fulfillment of the literacy needs of individuals in the State;
(2) set forth measurable goals for improving literacy levels, retention in literacy programs, and long-term learning gains of individuals in the State and describe a comprehensive approach for achieving such goals, including the development of indicators of program quality as required by section 1205(a)(2) of this title;
(3) describe the curriculum, equipment, and instruments that are being used by instruction personnel and indicate how current these elements are;
(4) describe the means by which the delivery of adult education services will be significantly expanded (including efforts to reach typically underserved groups such as educationally disadvantaged adults, individuals with limited English proficiency and individuals with handicaps) through coordination by agencies, institutions, and organizations including the public school system, businesses, labor unions, libraries, institutions of higher education, public health authorities, employment or training programs, antipoverty programs, organizations providing assistance to the homeless, and community and voluntary organizations;
(5) describe the means by which representatives of the public and private sector are involved in the development and implementation of the plan, especially in the expansion of the delivery of adult education services by cooperation and collaboration with those public and private agencies, institutions, and organizations;
(6) describe specialized efforts to attract and assist meaningful participation in adult education programs through flexible course schedules, provision of auxiliary aids and services, convenient locations, adequate transportation, and meeting child care needs;
(7) provide for the needs of persons with limited English proficiency (as defined in section 7601(8)1 of this title2 or no English proficiency by providing adequate appropriate language assistance to the extent necessary to all such persons so they may progress effectively through adult education programs;
(8) describe how the particular educational needs of adult immigrants, the incarcerated, persons with handicaps, the chronically unemployed, the homeless, the disadvantaged, and minorities will be addressed;
(9) describe the progress the State has made in achieving the goals set forth in each State plan subsequent to the initial State plan;
(10) set forth the criteria the State agency will use in approving applications by eligible recipients and allocating funds made available under this chapter to such recipients;
(11) describe the methods proposed for the joint planning and coordination of programs carried out under this chapter with those conducted under applicable Federal and State programs, including the Carl D. Perkins Vocational Education Act of 1963 [20 U.S.C. 2301 et seq.], Even Start, the Job Training Partnership Act [29 U.S.C. 1501 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], the Immigration Reform and Control Act of 1986, the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.], and the Domestic Volunteer Service Act [42 U.S.C. 4950 et seq.], to assure maximum use of funds under these Acts and to avoid duplication of services;
(12) describe the steps taken to utilize volunteers, particularly volunteers assigned to the Literacy Corps established under the Domestic Volunteer Service Act [42 U.S.C. 4950 et seq.] and volunteers trained in programs carried out by section 1213a of this title, but only to the extent that such volunteers supplement and do not supplant salaried employees;
(13) describe the measures to be taken to ensure that adult education programs, services, and activities assisted under this chapter will take into account the findings or program reviews and evaluations carried out pursuant to section 1207a of this title;
(14) report the amount of administrative funds spent on program improvements; and
(15) contain assurances that financial assistance provided pursuant to this chapter shall be used to assist and expand existing programs and to develop new programs for adults whose lack of basic skills—
(A) renders them unemployable;
(B) keeps them, whether employed or unemployed, from functioning independently in society; and
(C) severely reduces their ability to have a positive effect on the literacy of their children.
Programs conducted under subsection (c)(6) of this section shall be designed to teach English to limited English proficient adults and, as appropriate, to allow such adults to progress effectively through the adult education program or to prepare them to enter the regular program of adult education as quickly as possible. Such programs may provide instruction in the native language, to the extent necessary, or may provide instruction exclusively in English, and shall be carried out in coordination with programs assisted under the Bilingual Education Act [20 U.S.C. 7401 et seq.] and with bilingual vocational education programs under the Carl D. Perkins Vocational Education Act [20 U.S.C. 2301 et seq.].
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Job Training Partnership Act, referred to in subsecs. (a)(3) and (c)(11), is Pub. L. 97 300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.
Section 7601(8) of this title, referred to in subsec. (c)(7), was in the original section 7004(a) of the Elementary and Secondary Education Act of 1965, and was translated as if it read section 7501(8) of that Act to reflect the probable intent of Congress, because the Elementary and Secondary Education Act of 1965 does not contain a section 7004, and section 7501(8) defines limited English proficiency.
The Carl D. Perkins Vocational Education Act of 1963 and the Carl D. Perkins Vocational Education Act, referred to in subsecs. (c)(11) and (d), respectively, are both Pub. L. 88 210, Dec. 18, 1963, 77 Stat. 403, as amended, known as the Carl D. Perkins Vocational and Applied Technology Education Act, which is classified generally to chapter 44 (§2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (c)(11), is Pub. L. 93 112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Individuals with Disabilities Education Act, referred to in subsec. (c)(11), is title VI of Pub. L. 91 230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
The Immigration Reform and Control Act of 1986, referred to in subsec. (c)(11), is Pub. L. 99 603, Nov. 6, 1986, 100 Stat. 3359, as amended. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 1101 of Title 8, Aliens and Nationality, and Tables.
The Higher Education Act of 1965, referred to in subsec. (c)(11), is Pub. L. 89 329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (§1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
The Domestic Volunteer Service Act, referred to in subsec. (c)(11), (12), probably means the Domestic Volunteer Service Act of 1973, which is Pub. L. 93 113, Oct. 1, 1973, 87 Stat. 394, as amended, and which is classified principally to chapter 66 (§4950 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of Title 42 and Tables.
The Bilingual Education Act, referred to in subsec. (d), is part A of title VII of Pub. L. 89 10, as added by Pub. L. 103 382, title I, §101, Oct. 20, 1994, 108 Stat. 3716, which is classified generally to part A (§7401 et seq.) of subchapter VII of chapter 70 of this title. For complete classification of this Act to the Code, see section 7401 of this title and Tables.
Amendments
1994—Subsec. (c)(7). Pub. L. 103 382, §394(a), made technical amendment to reference to section 7601(8) of this title to reflect change in reference to corresponding section of original act.
Subsec. (c)(11). Pub. L. 103 382, §335(a), inserted “Even Start,” after “1963,”.
1991—Subsec. (c)(1). Pub. L. 102 73, §301(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “set forth the goals, the methods and strategies, and the expected outcomes of programs, services, and activities during the 4-year period;”.
Subsec. (c)(2). Pub. L. 102 73, §301(e)(3), (4), added par. (2) and redesignated former par. (2) as (3).
Subsec. (c)(3). Pub. L. 102 73, §301(e)(3), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 102 73, §301(e)(3), (5), redesignated par. (3) as (4), substituted “coordination by” for “the use of” and “including” for “other than”, and struck out “such as” before “businesses,”. Former par. (4) redesignated (5).
Subsec. (c)(5) to (8). Pub. L. 102 73, §301(e)(3), redesignated pars. (4) to (8) as (5) to (9), respectively.
Subsec. (c)(9). Pub. L. 102 73, §301(e)(2), (3), redesignated par. (8) as (9) and struck out former par. (9) which read as follows: “describe the progress it expects to make toward achieving the purpose of this chapter during the 4-year period of the State plan;”.
Subsec. (c)(14), (15). Pub. L. 102 73, §301(e)(6) (8), added pars. (14) and (15).
1990—Subsec. (c)(11). Pub. L. 101 476 substituted reference to the Individuals with Disabilities Education Act for reference to the Education of the Handicapped Act.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.