40 Tex. Admin. Code § 800.68 - Adult Education and Literacy
(a)
AEL funds available to the Commission to provide services under the federal
Adult Education and Family Literacy Act (AEFLA), WIOA Title II, together with
associated state general revenue matching funds and federal TANF
funds--together with any state general revenue funds appropriated as TANF
maintenance-of-effort--will be used by the Commission, as set forth in
subsections (b) - (d) of this section. Prior to any grant recipient receiving
notice of an award, the Commission shall review and approve the award of grant
funds to be issued under this program. The Commission shall give priority in
awarding funds to entities that consistently satisfy annual performance
requirements comparable to subsection (e) of this section.
(b) At least 82.5 percent of the federal
funds constituting the total state award of AEFLA state grants--including
amounts allotted to the eligible agency having a state plan, as provided by
AEFLA §211(c) --will be allocated by the Commission to the workforce
areas. From the amount allotted to the eligible agency having a state plan, as
provided by AEFLA §211(c), the Commission will allocate amounts to the
workforce areas according to the established federal formula, as follows:
(1) 100 percent will be based on:
(A) the relative proportion of individuals
residing within each workforce area who are at least 18 years of age, do not
have a secondary school diploma or its recognized equivalent, and are not
enrolled in secondary school, during the most recent period for which
statistics are available;
(B) an
equal base amount; and
(C) the
application of a hold-harmless/stop-gain procedure.
(2) No more than 5 percent of the funds
expended as part of this workforce area allocation shall be used for
administrative costs, as defined by AEFLA, provided, however, that the Special
Rule outlined in AEFLA §233(b) shall apply with effective justification,
as appropriate.
(3) No more than 10
percent of this allocation shall be available for expenditure within each
workforce area on the basis of the achievement of performance benchmarks, as
set forth in subsection (e) of this section.
(c) At least 80 percent of the state general
revenue matching funds associated with the allotment of federal funds to the
eligible agency having a state plan, as provided by AEFLA §211(c), will be
allocated by the Commission to the workforce areas according to the established
federal formula, as follows:
(1) 100 percent
will be based on:
(A) the relative proportion
of individuals residing within each workforce area who are at least 18 years of
age, do not have a secondary school diploma or its recognized equivalent, and
are not enrolled in secondary school, during the most recent period for which
statistics are available;
(B) an
equal base amount; and
(C) the
application of a hold-harmless/stop-gain procedure.
(2) No more than 15 percent of the funds
expended as part of this workforce area allocation shall be used for
administrative costs, as defined by Commission policy.
(3) No more than 10 percent of this
allocation shall be available for expenditure within each workforce area on the
basis of the achievement of performance benchmarks, as set forth in subsection
(e) of this section.
(d)
At least 80 percent of federal TANF funds associated with the AEL
program--together with any state general revenue funds appropriated as TANF
maintenance-of-effort--will be allocated by the Commission to the workforce
areas according to a need-based formula, as follows:
(1) 100 percent will be based on:
(A) the relative proportion of the
unduplicated number of TANF adult recipients with educational attainment of
less than a secondary diploma during the most recently completed calendar
year;
(B) an equal base amount;
and
(C) the application of a
hold-harmless/stop-gain procedure.
(2) No more than 15 percent of the funds
expended as part of this workforce area allocation shall be used for
administrative costs, as defined by federal regulations and Commission
policy.
(3) No more than 10 percent
of this allocation shall be available for expenditure within each workforce
area on the basis of the achievement of performance benchmarks, as set forth in
subsection (e) of this section.
(e) AEL performance accountability benchmarks
shall be established to coincide with performance measures and reports, or
other periods, as determined by the Commission. Levels of performance shall, at
a minimum, be expressed in an objective, quantifiable, and measurable form, and
show continuous improvement.
(f)
Performance accountability benchmarks shall:
(1) include measures for high school
equivalency program or ability-to-benefit program enrollment and achievement,
as outlined in paragraph (2) of this subsection. A postsecondary
ability-to-benefit program, as outlined in paragraphs (2) and (3) of this
subsection, is a postsecondary education or training program that:
(A) results in a recognized postsecondary
credential; and
(B) enrolls AEL
eligible participants who:
(i) do not have a
high school diploma or recognized equivalency;
(ii) qualify for federal student financial
aid eligibility under the federal Ability-to-Benefit provisions enacted in
§484(d) of the Higher Education Act of 1965; and
(iii) demonstrate on an assessment instrument
that the participant can pass college-level courses with some
support;
(2)
include measures that require:
(A) at least 25
percent of all participants served in the program year to be enrolled in a high
school equivalency or postsecondary ability-to-benefit program; and
(B) at least 70 percent of participants who
were in a high school equivalency or postsecondary ability-to-benefit program
during the program year and exited during the program year to achieve either a
high school equivalency or a recognized postsecondary credential; and
(3) be approved by the Commission
each program year for milestones toward meeting high school equivalency program
or postsecondary ability-to-benefit program enrollment and achievement as
outlined in paragraph (2) of this subsection.
Notes
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