34 C.F.R. PART 489—FUNCTIONAL LITERACY FOR STATE AND LOCAL PRISONERS PROGRAM
Title 34 - Education
Authority: 20 U.S.C. 1211–2, unless otherwise noted.
Source: 57 FR 24105, June 5, 1992, unless otherwise noted.
(a) The Secretary makes grants to eligible entities that elect to establish a demonstration or system-wide functional literacy program for adult prisoners, as described §489.3. (b) Grants under this part may be used for establishing, improving, expanding, or carrying out a program, and for developing the plans and submitting the reports required by this part. (Authority: 20 U.S.C. 1211–2(a), (d)(1)) A State correctional agency, a local correctional agency, a State correctional education agency, or a local correctional education agency is eligible for a grant under this part. (Authority: 20 U.S.C. 1211–2(f)(1)) (a) To qualify for funding under §489.1, a functional literacy program must— (1) To the extent possible, make use of advanced technologies, such as interactive video- and computer-based adult literacy learning: and (2) Include— (i) A requirement that each person incarcerated in the system, prison, jail, or detention center who is not functionally literate, except a person described in paragraph (b) of this section, shall participate in the program until the person— (A) Achieves functional literacy, or in the case of an individual with a disability, achieves a level of functional literacy commensurate with his or her ability; (B) Is granted parole; (C) Completes his or her sentence; or (D) Is released pursuant to court order; and (ii) A prohibition on granting parole to any person described in paragraph (a)(2)(i) of this section who refuses to participate in the program, unless the State parole board determines that the prohibition should be waived in a particular case; and (iii) Adequate opportunities for appropriate education services and the screening and testing of all inmates for functional literacy and disabilities affecting functional literacy, including learning disabilities, upon arrival in the system or at the prison, jail, or detention center. (b) The requirement of paragraph (a)(2)(i) does not apply to a person who— (1) Is serving a life sentence without possibility of parole; (2) Is terminally ill; or (3) Is under a sentence of death. (Authority: 20 U.S.C. 1211–2(b)) The following regulations apply to the Functional Literacy for State and Local Prisoners Program: (a) The regulations in this part 489. (b) The regulations in 34 CFR 460.3. (Authority: 20 U.S.C. 1211–2) (a) The definitions in 34 CFR 460.4 apply to this part. (b) As used in this part— Functional literacy means at least an eighth grade equivalence, or a functional criterion score, on a nationally recognized literacy assessment. Local correctional agency means any agency of local government that provides corrections services to incarcerated adults. Local correctional education agency means any agency of local government, other than a local correctional agency, that provides educational services to incarcerated adults. State correctional agency means any agency of State government that provides corrections services to incarcerated adults. State correctional education agency means any agency of State government, other than a State correctional agency, that provides educational services to incarcerated adults. (Authority: 20 U.S.C. 1211–2(f)(2)) An eligible entity may receive a grant under this part if the entity submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, but not limited to, the following: (a) An assurance that the entity will provide the Secretary such data as the Secretary may request concerning the cost and feasibility of operating the functional literacy programs authorized by §489.1(a), including the annual reports required by §489.30. (b) A detailed plan outlining the methods by which the provisions of §§489.1 and 489.3 will be met, including specific goals and timetables. (Authority: 20 U.S.C. 1211–2(d)(2)) (a) The Secretary evaluates an application on the basis of the criteria in §489.21. (b) The Secretary awards up to 100 points for these criteria, including 15 points that the Secretary assigns in accordance with paragraph (d) of this section. (c) The maximum possible score for each criterion is indicated in parentheses. (d) For each competition under this part, the Secretary, in a notice published in the (Authority: 20 U.S.C. 1211–2) The Secretary uses the following criteria to evaluate an application: (a) Program factors. (15 points) The Secretary reviews the application to determine the quality of the proposed project, including the extent to which the application includes— (1) A clear description of the services to be offered; (2) A complete description of the methodology to be used, including a thorough assessment of all offenders in the system and assessments necessary to identify offenders with disabilities affecting functional literacy; (3) Flexibility in the manner that services are offered, including the provision of accessible class schedules; (4) A strong relationship between skills taught and the literacy and skill requirements of the changing workplace; and (5) An innovative approach, such as interactive video curriculum or peer tutoring that will provide a model that is replicable in other correctional facilities of a similar type or size; and (6) Staff in-service education. (b) Educational significance. (15 points) The Secretary reviews each application to determine the extent to which the applicant proposes— (1) Project objectives that contribute to the improvement of functional literacy; (2) To use unique and innovative techniques to produce benefits that address functional literacy problems and needs that are of national significance; and (3) To demonstrate how well those national needs will be met by the project. (c) Plan of operation. (15 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including— (1) The quality of the design of the project; (2) The extent to which the project includes specific intended outcomes that— (i) Will accomplish the purposes of the program; (ii) Are attainable within the project period, given the project's budget and other resources; (iii) Are susceptible to evaluation; (iv) Are objective and measurable; and (v) For a multi-year project, include specific objectives to be met, during each budget period, that can be used to determine the progress of the project toward meeting its intended outcomes; (3) The extent to which the plan of management is effective and ensures proper and efficient administration of the project; (4) The quality of the applicant's plan to use its resources and personnel to achieve each objective and intended outcome during the period of Federal funding; and (5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition. (d) Evaluation plan. (15 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation— (1) Are clearly explained and appropriate to the project; (2) Will determine how successful the project is in meeting its intended outcomes, including an assessment of the effectiveness of the project in improving functional literacy of prisoners. To the extent feasible, the assessment must include a one-year post-release review, during the grant period, to measure the success of the project with respect to those prisoners who received services and were released. The assessment must involve comparison of the project to other existing education and training programs or no treatment for individuals, as appropriate. The evaluation must be designed to produce findings that, if positive and significant, can be used in submission of an application to the Department's Program Effectiveness Panel. To assess program effectiveness, consideration may be given to implementing a random assignment evaluation design. (Review criteria for the Program Effectiveness Panel are provided in 34 CFR 786.12.); (3) Provide for an assessment of the efficiency of the program's replication efforts, including dissemination activities and technical assistance provided to other projects; (4) Include formative evaluation activities to help assess program management and improve program operations; and (5) To the extent possible, are objective and produce data that are quantifiable. (e) Demonstration and dissemination. (10 points) The Secretary reviews each application to determine the efficiency of the plan for demonstrating and disseminating information about project activities and results throughout the project period, including— (1) High quality in the design of the demonstration and dissemination plan; (2) Identification of target groups and provisions for publicizing the project at the local, State, and national levels by conducting or delivering presentations at conferences, workshops, and other professional meetings and by preparing materials for journal articles, newsletters, and brochures; (3) Provisions for demonstrating the methods and techniques used by the project to others interested in replicating these methods and techniques, such as by inviting them to observe project activities; (4) A description of the types of materials the applicant plans to make available to help others replicate project activities and the methods for making the materials available; and (5) Provisions for assisting others to adopt and successfully implement the project or methods and techniques used by the project. (f) Key personnel. (5 points) (1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including— (i) The qualifications, in relation to the objectives and planned outcomes of the project, of the project director; (ii) The qualifications, in relation to the objectives and planned outcomes of the project, of each of the other key personnel to be used in the project, including any third-party evaluator; (iii) The time that each person referred to in paragraphs (f)(1) (i) and (ii) of this section will commit to the project; and (iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition. (2) To determine personnel qualifications under paragraphs (f)(1) (i) and (ii) of this section, the Secretary considers experience and training in project management and in fields related to the objectives and planned outcomes of the project. (g) Budget and cost effectiveness. (5 points) The Secretary reviews each application to determine the extent to which the budget— (1) Is cost effective and adequate to support the project activities; (2) Contains costs that are reasonable and necessary in relation to the objectives of the project; and (3) Proposes using non-Federal resources available from appropriate employment, training, and education agencies in the State to provide project services and activities and to acquire project equipment and facilities. (h) Adequacy of resources and commitment. (5 points) (1) The Secretary reviews each application to determine the extent to which the applicant plans to devote adequate resources to the project. The Secretary considers the extent to which— (i) Facilities that the applicant plans to use are adequate; and (ii) Equipment and supplies that the applicant plans to use are adequate. (2) The Secretary reviews each application to determine the applicant's commitment to the project, including the extent to which— (i) Non-Federal resources are adequate to provide project services and activities, especially resources of the public and private sectors; and (ii) The applicant has the capacity to continue, expand, and build upon the project when Federal assistance ends. (Authority: 20 U.S.C. 1211–2) (a) Within 90 days after the close of the first calendar year in which a literacy program authorized by §489.1 is placed in operation, and annually for each of the 4 years thereafter, a grantee shall submit a report to the Secretary with respect to its literacy program. (b) A report under paragraph (a) of this section must disclose— (1) The number of persons who were tested for eligibility during the preceding year; (2) The number of persons who were eligible for the literacy program during the preceding year; (3) The number of persons who participated in the literacy program during the preceding year; (4) The name and types of tests that were used to determine functional literacy and the names and types of tests that were used to determine disabilities affecting functional literacy; (5) The average number of hours of instruction that were provided per week and the average number per student during the preceding year; (6) Sample data on achievement of participants in the program, including the number of participants who achieved functional literacy; (7) Data on all direct and indirect costs of the program; and (8) Information on progress toward meeting the program's goals. (Authority: 20 U.S.C. 1211–2(c))
Title 34: Education
PART 489—FUNCTIONAL LITERACY FOR STATE AND LOCAL PRISONERS PROGRAM
Section Contents
§ 489.1 What is the Functional Literacy for State and Local Prisoners Program?
§ 489.2 Who is eligible for a grant?
§ 489.3 What activities may the Secretary fund?
§ 489.4 What regulations apply?
§ 489.5 What definitions apply?
§ 489.10 How does an eligible entity apply for a grant?
§ 489.20 How does the Secretary evaluate an application?
§ 489.21 What selection criteria does the Secretary use?
§ 489.30 What annual report is required?
Subpart A—General
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§ 489.1 What is the Functional Literacy for State and Local Prisoners Program?
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§ 489.2 Who is eligible for a grant?
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§ 489.3 What activities may the Secretary fund?
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§ 489.4 What regulations apply?
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§ 489.5 What definitions apply?
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Subpart B—How Does One Apply for a Grant?
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§ 489.10 How does an eligible entity apply for a grant?
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Subpart C—How Does the Secretary Make an Award?
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§ 489.20 How does the Secretary evaluate an application?
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§ 489.21 What selection criteria does the Secretary use?
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Subpart D—What Conditions Must be Met after an Award?
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§ 489.30 What annual report is required?
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