34 C.F.R. PART 464—STATE LITERACY RESOURCE CENTERS PROGRAM


Title 34 - Education


Title 34: Education

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PART 464—STATE LITERACY RESOURCE CENTERS PROGRAM

Section Contents

Subpart A—General

§ 464.1   What is the State Literacy Resource Centers Program?
§ 464.2   Who is eligible for a grant?
§ 464.3   What kinds of activities may be assisted?
§ 464.4   What regulations apply?
§ 464.5   What definitions apply?

Subpart B—How Does a State Apply for a Grant?

§ 464.10   How do States apply?
§ 464.11   What must an application contain?
§ 464.12   How may States agree to develop a regional center?

Subpart C—How Does the Secretary Make a Grant to a State?

§ 464.20   What payment does the Secretary make?
§ 464.21   May the Secretary require a State to participate in a regional center?
§ 464.22   May a State participating in a regional center use part of its allotment for a State center?

Subpart D—How Does a State Award Contracts?

§ 464.30   With whom must a State contract to establish a State literacy resource center?
§ 464.31   Who may not review a proposal for a contract?
§ 464.32   How is a regional literacy resource center established and operated?

Subpart E—What Post-Award Conditions Must Be Met by a State?

§ 464.40   May a State use funds to establish a State advisory council?
§ 464.41   What alternative uses may be made of equipment?
§ 464.42   What limit applies to purchasing computer hardware and software?


Authority:  20 U.S.C. 1208aa, unless otherwise noted.

Source:  57 FR 24100, June 5, 1992, unless otherwise noted.

Subpart A—General
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§ 464.1   What is the State Literacy Resource Centers Program?
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The State Literacy Resource Centers Program assists State and local public and private nonprofit efforts to eliminate illiteracy through a program of State literacy resource center grants to—

(a) Stimulate the coordination of literacy services;

(b) Enhance the capacity of State and local organizations to provide literacy services; and

(c) Serve as a reciprocal link between the National Institute for Literacy and service providers for the purpose of sharing information, data, research, and expertise and literacy resources.

(Authority: 20 U.S.C. 1208aa(a))

§ 464.2   Who is eligible for a grant?
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States are eligible to receive grants under this part.

(Authority: 20 U.S.C. 1208aa(c))

§ 464.3   What kinds of activities may be assisted?
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(a) The Secretary makes grants under this part for purposes of establishing a network of State or regional adult literacy resource centers.

(b) Each State shall use funds provided under this part to conduct activities to—

(1) Improve and promote the diffusion and adoption of state-of-the-art teaching methods, technologies, and program evaluations;

(2) Develop innovative approaches to the coordination of literacy services within and among States and with the Federal Government;

(3) Assist public and private agencies in coordinating the delivery of literacy services;

(4) Encourage government and industry partnerships, including partnerships with small businesses, private nonprofit organizations, and community-based organizations;

(5) Encourage innovation and experimentation in literacy activities that will enhance the delivery of literacy services and address emerging problems;

(6) Provide technical and policy assistance to State and local governments and service providers to improve literacy policy and programs and access to those programs;

(7) Provide training and technical assistance to literacy instructors in reading instruction and in—

(i) Selecting and making the most effective use of state-of-the-art methodologies, instructional materials, and technologies such as—

(A) Computer-assisted instruction;

(B) Video tapes;

(C) Interactive systems; and

(D) Data link systems; or

(ii) Assessing learning style, screening for learning disabilities, and providing individualized remedial reading instruction; or

(8) Encourage and facilitate the training of full-time professional adult educators.

(Authority: 20 U.S.C. 1208aa(b), (d))

§ 464.4   What regulations apply?
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The following regulations apply to the State Literacy Resource Centers Program:

(a) The regulations in this part 464.

(b) The regulations in 34 CFR part 460.

(Authority: 20 U.S.C. 1208aa)

§ 464.5   What definitions apply?
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The definitions in 34 CFR part 460 apply to this part.

(Authority: 20 U.S.C. 1208aa)

Subpart B—How Does a State Apply for a Grant?
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§ 464.10   How do States apply?
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(a) The Governor of a State may submit an application to the Secretary for a grant for a State adult literacy resource center.

(b) The Governors of a group of States may submit an application to the Secretary for a grant for a regional adult literacy resource center.

(c) A State may apply for and receive both a grant for a State adult literacy resource center and, as part of a group of States, a grant for a regional adult literacy resource center.

(d) If appropriate, a State shall obtain the review and comments of the State council on the application.

(e) An approved application remains in effect during the period of the State plan under 34 CFR part 461.

(f) Through a notice published in the Federal Register, the Secretary sets an annual deadline before which a State may submit a new application or an amendment to its existing application.

(Authority: 20 U.S.C. 1208aa(h))

§ 464.11   What must an application contain?
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An application must describe how the State or group of States will—

(a) Develop a literacy resource center or expand an existing literacy resource center;

(b) Provide services and activities with the assistance provided under this part;

(c) Ensure access to services of the center for the maximum participation of all public and private programs and organizations providing or seeking to provide basic skills instruction, including local educational agencies, agencies responsible for corrections education, service delivery areas under the Job Training Partnership Act, welfare agencies, labor organizations, businesses, volunteer groups, and community-based organizations;

(d) Address the measurable goals for improving literacy levels as set forth in the plan submitted under section 342 of the Act; and

(e) Develop procedures for the coordination of literacy activities for statewide and local literacy efforts conducted by public and private organizations, and for enhancing the systems of service delivery.

(Approved by the Office of Management and Budget under control number 1830–0501)

(Authority: 20 U.S.C. 1208aa(h))

§ 464.12   How may States agree to develop a regional center?
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A group of States may enter into an interstate agreement to develop and operate a regional adult literacy resource center for purposes of receiving assistance under this part if the States determine that a regional approach is more appropriate for their situation.

(Authority: 20 U.S.C. 1208aa(j)(1))

Subpart C—How Does the Secretary Make a Grant to a State?
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§ 464.20   What payment does the Secretary make?
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(a)(1) From sums available for purposes of making grants under this part for any fiscal year, the Secretary allots to each State, that has an application approved under §§464.10–464.11, an amount that bears the same ratio to those sums as the amount allotted to the State under section 313(b) of the Act for the purpose of making grants under section 321 of the Act bears to the aggregate amount allotted to all States under that section for that purpose.

(2) In applying the formula in section 313(b) of the Act to calculate grants under this part, the Secretary counts the number of adults only in States that have approved applications under this part.

(b)(1) The Secretary pays to each State the Federal share of the cost of activities described in the application.

(2) For purposes of this section, the Federal share—

(i) For each of the first two fiscal years in which the State receives funds under this part, may not exceed 80 percent;

(ii) For each of the third and fourth fiscal years in which the State receives funds under this part, may not exceed 70 percent; and

(iii) For the fifth and each succeeding year in which the State receives funds under this part, may not exceed 60 percent.

(3) If a State receives funds under this part for participation in a regional center, the State is required to provide only 50 percent of the non-Federal share under paragraph (b)(2) of this section.

(4) The non-Federal share of payments under this section may, in accordance with 34 CFR 80.24, be in cash or in kind, fairly evaluated, including plant, equipment, or services.

(Authority: 20 U.S.C. 1208aa(c)(1), (i), (j)(2))

§ 464.21   May the Secretary require a State to participate in a regional center?
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(a) If, in any fiscal year, a State's allotment under this part is less than $100,000, the Secretary may designate that State to receive the funds only as part of a regional center.

(b) Paragraph (a) of this section does not apply to a State—

(1) That demonstrates, in its application to the Secretary, that the total amount of Federal, State, local, and private funds expended to carry out the purposes of this part would equal or exceed $100,000; or

(2) That will use its funds to expand an existing State literacy resource center that meets the purposes of the Act and the requirements in this part.

(Authority: 20 U.S.C. 1208aa(j)(3), (4))

§ 464.22   May a State participating in a regional center use part of its allotment for a State center?
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In any fiscal year in which §464.20(b)(3) applies, the Secretary may allow certain States that receive funds as part of a regional center to reserve a portion of those funds for a State adult literacy resource center under this part.

(Authority: 20 U.S.C. 1208aa(j)(5))

Subpart D—How Does a State Award Contracts?
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§ 464.30   With whom must a State contract to establish a State literacy resource center?
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(a) To establish a new State literacy resource center, the Governor of each State that receives funds under this part shall contract on a competitive basis with—

(1) The SEA;

(2) One or more local educational agencies;

(3) A State office on literacy;

(4) A volunteer organization;

(5) A community-based organization;

(6) An institution of higher education; or

(7) Another non-profit entity.

(b) Paragraph (a) of this section does not apply to funds under this part that a State uses to expand an existing State literacy resource center.

(Authority: 20 U.S.C. 1208aa(c)(2))

§ 464.31   Who may not review a proposal for a contract?
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A party participating in a competition under §464.30 may not review its own proposal for a contract or any proposal of a competitor for that contract.

(Authority: 20 U.S.C. 1208aa(c)(2))

§ 464.32   How is a regional literacy resource center established and operated?
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(a) The States that participate in a regional literacy resource center shall agree on how the center is to be established and operated.

(b) Subject to the requirements of the Act and the regulations in this part, the States have discretion to determine how to establish and operate the regional center.

(Authority: 20 U.S.C. 1208aa (h) and (j))

Subpart E—What Post-Award Conditions Must Be Met by a State?
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§ 464.40   May a State use funds to establish a State advisory council?
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(a) Each State receiving funds under this part may use up to five percent of those funds—

(1) To establish and support a State advisory council on adult education and literacy under section 332 of the Act and 34 CFR 461.50–461.52; or

(2) To support an established State council to the extent that the State council meets the requirements of section 332 of the Act and 34 CFR 461.50–461.52.

(b) Each State receiving funds under this section to establish or support a State council under section 332 of the Act shall provide matching funds on a dollar-for-dollar basis.

(Authority: 20 U.S.C. 1208aa(g))

§ 464.41   What alternative uses may be made of equipment?
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Equipment purchased under this part, when not being used to carry out the provisions of this part, may be used for other instructional purposes if—

(a) The acquisition of the equipment was reasonable and necessary for the purpose of conducting a properly designed project or activity under this part;

(b) The equipment is used after regular program hours or on weekends; and

(c) The other use is—

(1) Incidental to the use of the equipment under this part;

(2) Does not interfere with the use of the equipment under this part; and

(3) Does not add to the cost of using the equipment under this part.

(Authority: 20 U.S.C. 1208aa(e))

§ 464.42   What limit applies to purchasing computer hardware and software?
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Not more than ten percent of funds received under any grant under this part may be used to purchase computer hardware or software.

(Authority: 20 U.S.C. 1208aa(f))

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