The Workforce Innovation and Opportunity Act

WIOA Title IIAdult Education and Family Literacy Act - ReprintPage 1 of 1

The Workforce Innovation and Opportunity Act

TITLE II—ADULT EDUCATION AND LITERACY

Pages
Sec. 201 / Short title / 2
Sec. 202 / Purpose / 2
Sec. 203 / Definitions / 2-5
Sec. 204 / Home schools / 6
Sec. 205 / Rule of construction regarding postsecondary transition and concurrent enrollment activities / 6
Sec. 206 / Authorization of appropriations / 6
Subtitle A—Federal Provisions
Sec. 211 / Reservation of funds; grants to eligible agencies; allotments / 7-8
Sec. 212 / Performance accountability system / 9-18
Subtitle B—State Provisions
Sec. 221 / State administration / 19
Sec. 222 / State distribution of funds; matching requirement / 19
Sec. 223 / State leadership activities / 20-21
Sec. 224 / State plan / 22-27
Sec. 225 / Programs for corrections education and other institutionalized individuals / 28
Subtitle C—Local Provisions
Sec. 231 / Grants and contracts for eligible providers / 29-30
Sec. 232 / Local application / 31
Sec. 233 / Local administrative cost limits / 31
Subtitle D—General Provisions
Sec. 241 / Administrative provisions. / 32
Sec. 242 / National leadership activities / 33-34
Sec. 243 / Integrated English literacy and civics education / 35

SEC. 201. SHORT TITLE.

This title may be cited as the “Adult Education and Family Literacy Act''.

SEC. 202. PURPOSE.

It is the purpose of this title 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

(1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency;

(2) assist adults who are parents or family members to obtain the education and skills that--

(A) are necessary to becoming full partners in the educational development of their children; and

(B) lead to sustainable improvements in the economicopportunities for their family;

(3) assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training, including through career pathways; and

(4) assist immigrants and other individuals who are English language learners in--

(A) improving their--

(i) reading, writing, speaking, and comprehension skills in English; and

(ii) mathematics skills; and

(B) acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship.

SEC. 203. DEFINITIONS.

In this title:

(1) Adult education.--

The term “adult education” means academic instruction and education services below thepostsecondary level that increase an individual's ability to--

(A) read, write, and speak in English and perform mathematics or other activities necessary for attainment of a secondary school diploma or its recognized equivalent;

(B) transition to postsecondary education and training; and

(2) Adult education and literacy activities.—

The term “adult education and literacy activities'' means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities,integrated English literacy and civics education, workforcepreparation activities, or integrated education and training.

(3) Eligible agency.—

The term “eligible agency” means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area, respectively,consistent with the law of the State or outlying area, respectively.

(4) Eligible individual.—

The term “eligible individual'' means an individual—

(A) who has attained 16 years of age;

(B) who is not enrolled or required to be enrolled in secondary school under State law; and

(i) is basic skills deficient;

(ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or

(iii) is an English language learner.

(5) Eligible provider.—

The term “eligible provider'' means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include--

(A) a local educational agency;

(B) a community-based organization or faith-basedorganization;

(D) an institution of higher education;

(E) a public or private nonprofit agency;

(F) a library;

(G) a public housing authority;

(H) a nonprofit institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education and literacy activities to eligible individuals;

(I) a consortium or coalition of the agencies,organizations, institutions, libraries, ordescribed in any of subparagraphs (A) through (H); and

(J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I).

(6) English language acquisition program.—

The term “English language acquisition program'' means a program of instruction--

(A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; and

(B) that leads to--

(i)(I) attainment of a secondary school diploma or its recognized equivalent; and

(II)transition to postsecondary education and training; or

(ii) employment.

(7) English language learner.—

The term “English language learner'' when used with respect to an eligible individual means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and--

(A) whose native language is a language other than English; or

(B) who lives in a family or community environment where a language other than English is the dominant language.

(8) Essential components of reading instruction.—

The term “essential components of reading instruction'' has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368).

(9) Family literacy activities.—

The term “family literacy activities'' means activities that are of sufficient intensity and quality, to make sustainable improvements in the economic prospects for a family and that better enable parents or family members to support their children's learning needs, and that integrate all of the following activities:

(A) Parent or family adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency.

(B) Interactive literacy activities between parents or family members and their children.

(C) Training for parents or family members regarding how to be the primary teacher for their children and full partners in the education of their children.

(D) An age-appropriate education to prepare children for success in school and life experiences.

(10) Institution of higher education.—

The term “institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965.

(11) Integrated education and training.—

The term “integrated education and training'' means a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement.

(12) Integrated English literacy and civics education.—

The term “integrated English literacy and civics education'' means education services provided to English language learners who are adults, including professionals with degrees and credentials in their native countries, that enables such adults to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens in the United States. Such services shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training.

(13) Literacy.—

The term “literacy'' means an individual's ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society.

(14) Postsecondary educational institution.—

The term “postsecondary educational institution'' means--

(A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor's degree;

(B) a tribally controlled college or university; or

(15) Secretary.—

The term “Secretary'' means the Secretary of Education.

(16) Workplace adult education and literacy activities.—

The term “workplace adult education and literacy activities'' means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce.

(17) Workforce preparation activities.—

The term “workforce preparation activities'' means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, digital literacy skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, and obtaining skills necessary for successful transition into and completion of postsecondaryeducation or training, or employment.

SEC. 204. HOME SCHOOLS.

Nothing in this title shall be construed to affect home schools, whether a home school is treated as a home school or a private school under State law, or to compel a parent or family memberengaged in home schooling to participate in adult education and literacy activities.

SEC. 205. RULE OF CONSTRUCTION REGARDING POSTSECONDARY TRANSITION AND CONCURRENTENROLLMENT ACTIVITIES.

Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to postsecondary education and training or employment, or for concurrent enrollment activities.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title

$577,667,000 for fiscal year 2015,

$622,286,000 for fiscal year 2016,

$635,198,000 for fiscal year 2017,

$649,287,000 for fiscal year 2018,

$664,552,000 for fiscal year 2019, and

$678,640,000 for fiscal year 2020.

Subtitle A--Federal Provisions

SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES; ALLOTMENTS.

(a) Reservation of Funds.--

From the sum appropriated under section 206 for a fiscal year, the Secretary--

(1) shall reserve 2 percent to carry out section 242, except that the amount so reserved shall not exceed $15,000,000; and

(2) shall reserve 12 percent of the amount that remains after reserving funds under paragraph (1) to carry out section 243.

(b) Grants to Eligible Agencies.--

(1) In general.—

From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g), to enable the eligible agency to carry out the activities assisted under this title.

(2) Purpose of grants.—

The Secretary may award a grant under paragraph (1) only if the eligible entity involved agrees to expend the grant for adult education and literacy activities in accordance with the provisions of this title.

(1) Initial allotments.—

From the sum appropriated under section 206 and not reserved under subsection (a) for a fiscalyear, the Secretary shall allot to each eligible agency having a unified State plan approved under section 102 or a combined State plan approved under section 103--

(A) $100,000, in the case of an eligible agency serving an outlying area; and

(B) $250,000, in the case of any other eligible agency.

(2) Additional allotments.—

From the sum appropriated under section 206, not reserved under subsection (a), and notallotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sum as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas.

(d)Definition.

Qualifying Adult.--For the purpose of subsection (c)(2), the term “qualifying adult'' means an adult who--

(1) is at least 16 years of age;

(2)is beyond the age of compulsory school attendance under the law of the State or outlying area;

(3) does not have a secondary school diploma or its recognized equivalent; and

(4) is not enrolled in secondary school.

(e) Special Rule.--

(1) Territories.

In general.--From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title, as determined by the Secretary.

(2) Award basis.—

The Secretary shall award grants pursuant to paragraph (1) on a competitive basis and pursuant to the recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii.

(3) Termination of eligibility.—

Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title except during the period described in section 3(45).

(4) Administrative costs.—

The Secretary may provide not more than 5 percent of the funds made available for grants under this subsection to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subsection.

(f) Hold-harmless Provisions.--

(1) In general.—

Notwithstanding subsection (c), for fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section.

(2) Ratable reduction.—

If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1) the Secretary shall ratably reduce the payments to all eligible agencies, as necessary.

(g) Reallotment.—

The portion of any eligible agency's allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretaryshall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year.

SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.

Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116.

Title 1: CHAPTER 4—PERFORMANCE ACCOUNTABILITY

SEC. 116 PERFORMANCE ACCOUNTABILITY SYSTEM

(a) PURPOSE.—

The purpose of this section is to establish performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas (for core programs described in subtitle B) in achieving positive outcomes for individuals served by those programs.

(b) STATE PERFORMANCE ACCOUNTABILITY MEASURES.—

(1) IN GENERAL.—

For each State, the performance accountability measures for the core programs shall consist of—

(A)(i) the primary indicators of performance described in paragraph (2)(A); and

(ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and

(B)a State adjusted level of performance for each indicator described in subparagraph (A).

(2) INDICATORS OF PERFORMANCE.—

(A) PRIMARY INDICATORS OF PERFORMANCE.—

(i) IN GENERAL.—

The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of—

(I)the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;

(II)the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program;

(III)the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;

(IV)the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;

(V)the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv).

(ii) PRIMARY INDICATORS FOR ELIGIBLE YOUTH.—

The primary indicators of performance for the youth program authorized under chapter 2 of subtitle B shall consist of—

(I) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program;

(II) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; and

(III) the primary indicators of performance described in subclauses (III) through (VI) of subparagraph (A)(i).

(iii) INDICATOR RELATING TO CREDENTIAL.—

For purposes of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program.

(iv) INDICATOR FOR SERVICES TO EMPLOYERS.—

Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(IV), the Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers.