1. U.S. Code
  2. title 29
  3. chapter 32
  4. subchapter II
  5. part C
  6. § 3323

Collapse to view only § 3323. Local administrative cost limits

§ 3321. Grants and contracts for eligible providers
(a) Grants and contracts
(b) Required local activities
(c) Direct and equitable access; same processEach eligible agency receiving funds under this subchapter shall ensure that—
(1) all eligible providers have direct and equitable access to apply and compete for grants or contracts under this section; and
(2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.
(d) Special rule
(e) ConsiderationsIn awarding grants or contracts under this section, the eligible agency shall consider—
(1) the degree to which the eligible provider would be responsive to—
(A) regional needs as identified in the local plan under section 3123 of this title; and
(B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals—
(i) who have low levels of literacy skills; or
(ii) who are English language learners;
(2) the ability of the eligible provider to serve eligible individuals with disabilities, including eligible individuals with learning disabilities;
(3) past effectiveness of the eligible provider in improving the literacy of eligible individuals, to meet State-adjusted levels of performance for the primary indicators of performance described in section 3141 of this title, especially with respect to eligible individuals who have low levels of literacy;
(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 3123 of this title, as well as the activities and services of the one-stop partners;
(5) whether the eligible provider’s program—
(A) is of sufficient intensity and quality, and based on the most rigorous research available so that participants achieve substantial learning gains; and
(B) 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 the most rigorous research available and appropriate, including scientifically valid research and effective educational practice;
(7) whether the eligible provider’s activities effectively use technology, services, and delivery systems, including distance education in a manner sufficient to increase the amount and quality of learning and how such technology, services, and systems lead to improved performance;
(8) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and complete postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and to exercise the rights and responsibilities of citizenship;
(9) whether the eligible provider’s activities are delivered by well-trained instructors, counselors, and administrators who meet any minimum qualifications established by the State, where applicable, and who have access to high quality professional development, including through electronic means;
(10) whether the eligible provider’s activities coordinate with other available education, training, and social service resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, institutions of higher education, local workforce investment boards, one-stop centers, job training programs, and social service agencies, business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways;
(11) whether the eligible provider’s activities offer flexible schedules and coordination with Federal, State, and local support services (such as child care, transportation, mental health services, and career planning) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 3141 of this title) and to monitor program performance; and
(13) whether the local areas in which the eligible provider is located have a demonstrated need for additional English language acquisition programs and civics education programs.
(Pub. L. 113–128, title II, § 231, July 22, 2014, 128 Stat. 1618.)

CITE AS: 29 USC 3321

§ 3322. Local application
Each eligible provider desiring a grant or contract from an eligible agency shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including—
(1) a description of how funds awarded under this subchapter will be spent consistent with the requirements of this subchapter;
(2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and literacy activities;
(3) a description of how the eligible provider will provide services in alignment with the local plan under section 3123 of this title, including how such provider will promote concurrent enrollment in programs and activities under subchapter I, as appropriate;
(4) a description of how the eligible provider will meet the State adjusted levels of performance described in section 3141(b)(3) of this title, including how such provider will collect data to report on such performance indicators;
(5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 3151(b)(1)(A) of this title, as appropriate;
(6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and
(7) information that addresses the considerations described under section 3321(e) of this title, as applicable.
(Pub. L. 113–128, title II, § 232, July 22, 2014, 128 Stat. 1620.)

CITE AS: 29 USC 3322

§ 3323. Local administrative cost limits
(a) In general
Subject to subsection (b), of the amount that is made available under this subchapter to an eligible provider—
(1) not less than 95 percent shall be expended for carrying out adult education and literacy activities; and
(2) the remaining amount, not to exceed 5 percent, shall be used for planning, administration (including carrying out the requirements of section 3141 of this title), professional development, and the activities described in paragraphs (3) and (5) of section 3322 of this title.
(b) Special rule
(Pub. L. 113–128, title II, § 233, July 22, 2014, 128 Stat. 1620.)

CITE AS: 29 USC 3323