N.Y. Comp. Codes R. & Regs. tit. 8 § 164.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 164.2 - Adult literacy education aid

(a) Scope of section. The purpose of this section is to establish standards for the best possible use of funds made available by the Legislature to provide financial assistance to not-for- profit organizations for the operation of adult literacy education programs including adult basic education, English for speakers of other languages, and high school equivalency programs.

(b) Definitions.

(1) As used in this section, not-for-profit organization means a two-year college, four-year college or university, community-based organization, library or volunteer literacy organization, and other institutions organized on a not-for-profit basis which operates an adult literacy education program that meet quality standards promulgated by the commissioner.

(2) As used in this section, economically disadvantaged means persons who are unemployed, or who are eligible for public assistance from a State or Federal agency or who receive or are eligible to receive food stamps, or who meet income levels commonly associated with poverty, and who are only able to obtain employment that sustains them at poverty level.

(3) As used in this section, educationally disadvantaged refers to persons who have an educational level below the fifth grade, or below admission standards required of government- sponsored entry level training programs, or have an extremely limited ability to understand and speak English.

(c) Applications. Each not-for-profit organization applying for a grant under this section shall submit a formal request on forms provided by the department. Such requests shall be submitted not later than June 1st of each year for programs to be conducted during the following school year, except that for programs to be conducted during the 1988-89 school year only, not- for-profit organizations shall submit such requests by a date to be prescribed by the commissioner. The commissioner may grant a variance from this time limit upon a finding that there are extraordinary circumstances which justify the delay in submitting a request. The application shall set forth the following information with respect to each program for which a grant is requested:

(1) a description of any existing adult basic education program operated by the not-for- profit organization, and a projection of the number of adults who are 16 years of age and not enrolled in a regular school program to be served by the program;

(2) a description of the proposed program, including:

(i) the qualifications of the full- or part-time professional and auxiliary staff;

(ii) the facilities to be used, the equipment and materials to be provided;

(iii) the manner in which the program is to be administered and supervised;

(iv) the number of hours of classroom instruction to be provided; and

(v) the planned enrollment of students in the program;

(3) the proposed budget for the program, indicating in detail the manner in which funds are expected to be received and disbursed, including all funds used in connection with this section whether appropriated by the State Legislature to carry out the purposes of this program, or otherwise provided by the not-for-profit organization itself;

(4) a description of any formal or informal arrangements that have been made with local social services districts to serve public assistance recipients; and

(5) any other information required by the department relative to the planning, administration, funding or evaluation of the program.

(d) Approval of application. Each not-for-profit organization applying for a grant under this section will be notified by the department, within a reasonable period of time after the receipt of its application, of the commissioner's approval or disapproval of its application in accordance with this subdivision.

(1) Program approval. No program application shall be approved unless such application meets the requirements of subdivision (c) of this section and the proposed program meets the criteria set forth in section 168.3(b) of this Title, except that the criteria set forth in section 168.3(b)(5) and (6) shall not apply to such program.

(2) Priority in award of grants. In awarding grants to not-for-profit organizations priority shall be given to those organizations which propose to serve persons who are receiving public assistance, who are unemployed, or who are economically or educationally disadvantaged.

(e) Use of funds.

(1) A not-for-profit organization may use grant funds to:

(i) operate an adult basic education program for public assistance recipients, or other persons who are educationally or economically disadvantaged, including but not limited to an English-for-speakers-of-other-languages program, high school equivalency program, life skills program, or a program leading to a secondary credential which employs nontraditional modes of instruction, as defined in section 168.2(d) of this Title; or

(ii) match existing local funds for purposes of operating an adult basic education program for public assistance recipients or other persons who are educationally or economically disadvantaged.

(2) Payment of all or any part of a grant may be suspended or terminated by the commissioner if the not-for-profit organization fails to comply with the provisions of the Education Law, with this section, or with any other applicable law or regulations; or if the commissioner finds that the not-for-profit organization is not implementing or administering the program in a satisfactory manner or is failing substantially to effectuate the purpose of the grant.

(3) Nothing in this section shall be construed to prevent the use of funds obtained from other sources in the planning, execution or evaluation of programs.

(f) Facilities. Not-for-profit organizations may use a portion of their grant to rent facilities deemed essential to achieve the objectives of the program.

(g) Supervision and evaluation.

(1) All projects for which funds are allocated pursuant to this section shall be subject to the general supervision of the commissioner, who shall have the right to examine the facilities, operation and records relating to such program at any time.

(2) Individual records shall be maintained for each adult participating in any such program, including attendance, an assessment of the success of the program with respect to the pupil, and other pertinent information.

(3) Financial records shall be maintained, and a report of expenditures submitted to the department no later than July 31st next following the close of each school year for which a grant is awarded.

(4) Not-for-profit organizations shall submit a report to the department by February 15th of each school year and a final report by August 15th next following the close of each school year beginning August 15, 1989. Such reports shall be in a form prescribed by the commissioner and shall include, but not be limited to, the number of participants served by age, by various indicators of achievement, and by services received. Each not-for-profit organization shall submit such additional reports as may be required by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 164.2