Statutory Authority: The provisions Subchapter B issued under Texas Education Code, §7.102(c)(16) and §29.253, unless otherwise noted.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Adult education - Basic and secondary instruction and
services for adults.
(A) Adult basic education - Instruction in reading,
writing, English, and solving quantitative
problems, including functional context, designed
for adults who: have minimal competence in reading,
writing, and solving quantitative problems; are not
sufficiently competent to speak, read, or write the
English language; or are not sufficiently competent
to meet the requirements of adult life in the
United States, including employment commensurate
with the adult's real ability.
(B) Adult secondary education - Comprehensive secondary
instruction below the college credit level in reading,
writing and literature, mathematics, science, and
social studies, including functional context, and
instruction for adults who do not have a high school
diploma or its equivalent.
(2) Contact time -
(A) The cumulative sum of minutes during which an
eligible adult student receives instructional,
counseling, and/or assessment services by a staff
member supported by federal and state adult education
funds as documented by local attendance and
reporting records.
(B) Student contact time generated by volunteers may be
accrued by the adult education program when volunteer
services are verifiable by attendance and reporting
records and volunteers meet requirements under
§89.25 of this title (relating to Qualifications and
Training of Staff).
(3) Student contact hour - 60 minutes.
(4) Cooperative/consortium adult education program - A community
or area partnership of educational, work force development,
human service entities, and other agencies that agree to
collaborate for the provision of adult education and
literacy services.
(5) Fiscal agent - The local entity that serves as the contracting
agent for an adult education program.
(6) Eligible grant recipient - Eligible grant recipients for adult
education programs are those entities specified in statutes.
Eligible grant recipients must have at least one year of
experience in providing adult education and literacy services.
Source: The provisions of this §89.21 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386.
Adult education and literacy funds are to be used for
programs of adult education and literacy for out-of-school
persons who are beyond compulsory school attendance age and
who function at less than a secondary school completion
level or who lack a secondary school credential.
Source: The provisions of this §89.22 adopted to be effective September 1, 1996, 21 TexReg 5690.
The following essential program components shall be
provided:
(1) adult basic education;
(2) programs for adults of limited English proficiency;
(3) adult secondary education, including programs leading
to the achievement of a high school equivalency
certificate and/or a high school diploma;
(4) instructional services to improve student proficiencies
necessary to function effectively in adult life,
including accessing further education, employment-
related training, or employment; and
(5) assessment and guidance services related to paragraphs
(1)-(4) of this section.
Source: The provisions of this §89.23 adopted to be effective September 1, 1996, 21 TexReg 5690.
The standards for the awarding of diplomas to adults shall
be those established under Chapter 74 of this title (relating
to Curriculum Requirements) with the following exceptions.
(1) There shall be no limit to the number of secondary
credits adults may earn by demonstration of competence.
(2) Adults may earn the required physical education credits
by one or more of the following:
(A) satisfactory completion of approved secondary
physical education courses; or
(B) substitution of state-approved secondary elective
courses.
(3) Adults must meet the requirements for successful
performance on a secondary level test designated by the
commissioner of education.
Source: The provisions of this §89.24 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386.
The requirements of this section shall apply to all adult
education staff hired after September 1, 1996, excluding
clerical and janitorial staff.
(1) All staff shall receive at least 12 clock hours of
professional development annually.
(2) All staff new to adult education shall receive six
clock hours of preservice professional development
before they begin work in an adult education program.
(3) Aides shall have at least a high school diploma or high
school equivalency certificate.
(4) The following apply to directors, teachers, counselors,
and supervisors.
(A) Persons must possess at least a bachelor's degree.
(B) Persons without valid Texas teacher certification
must attend 12 clock hours of inservice
professional development annually in addition to
that specified in paragraph (1) of this section
until they have completed either six clock hours
of adult education college credit or attained two
years of adult education experience.
(5) The requirements for inservice professional development
may be reduced by local programs in individual cases
where exceptional circumstances prevent employees from
completing the required hours of inservice professional
development. Documentation shall be kept justifying
such circumstances. Requests for exemption from staff
qualification requirements in individual cases may be
submitted to the Texas Education Agency (TEA) for
approval in the application for funding and must
include justification and proposed qualifications.
(6) Records of staff qualifications and professional
development shall be maintained by each fiscal agent
and must be available for monitoring.
(7) The requirements in paragraphs (1)-(5) of this section
also apply to volunteers who generate student contact
time, as defined under §89.21 of this title (relating
to Definitions), which is accrued by the adult
education program and reported to TEA for funding
purposes.
Source: The provisions of this §89.25 adopted to be effective September 1, 1996, 21 TexReg 5690.
Teachers and aides shall be assigned to instruction,
counseling, and/or assessment for a minimum of 75% of the
hours for which they are employed.
Source: The provisions of this §89.26 adopted to be effective September 1, 1996, 21 TexReg 5690.
(a) There shall be a statewide system of adult education
cooperatives/consortia for the coordinated provision of
adult education services. To the extent possible, service
delivery areas shall be large enough to support a program
meeting the requirements of §89.23 of this title (relating
to Essential Program Components) and to ensure efficient and
effective delivery of services.
(b) Eligible grant recipients may apply directly to the Texas
Education Agency (TEA) for adult education and literacy
funding. Eligible grant recipients are encouraged to
maximize the fiscal resources available for service to
undereducated adults and avoid unproductive duplication of
services and excessive administrative costs by forming
consortia or cooperatives and using fiscal agents for the
delivery of services.
(c) Grant applicants who will serve as a fiscal agent for a
cooperative/consortium must consult with other adult
education and literacy providers in the
cooperative/consortium in developing applications for
funding to be submitted to TEA.
(d) Each fiscal agent shall be responsible for:
(1) the overall management of the cooperative/consortium,
including technical assistance to consortium members,
on-site visits, staff qualifications and professional
development, and program implementation in accordance
with the requirements of this subchapter;
(2) the employment of an administrator for the
cooperative/consortium;
(3) development of written agreements with consortium
members for the operation of the adult education
program; and
(4) expenditures of funds for the conduct of the project
and making and filing composite reports for the
consortium.
(e) Nonconsortium applicants must also provide evidence of
coordination of existing adult education and literacy
services in the area proposed to be served and maintain an
advisory committee.
Source: The provisions of this §89.27 adopted to be effective September 1, 1996, 21 TexReg 5690.
At least one collaborative advisory committee shall be
formed in each funded adult education program. That
committee shall be composed of a broad spectrum of community
representatives, including work force development
representatives, to review the activities of, and make
recommendations to, the fiscal agent in planning,
developing, and evaluating the adult education program. The
fiscal agent shall be responsible for convening the
collaborative advisory committee at least twice each year.
Source: The provisions of this §89.28 adopted to be effective September 1, 1996, 21 TexReg 5690.
(a) Annually, after federal adult education and literacy funds
have been set aside for state administration, special
projects and staff development, state and federal adult
education fund allocations shall be developed for each
county and each school district geographic area. Allocations
shall be computed as follows.
(1) Twenty-five percent of the funds available shall be
allocated based on the best available estimates of the
number of eligible adults in each county and school
district geographic area within each county.
(2) Seventy-five percent of the funds available shall be
allocated based on student contact hours reported by
each school district geographic area and for the most
recent complete fiscal year reporting period.
(3) A school district geographic area's student contact
hour annual allocation shall not be reduced by more
than 10% below the preceding fiscal year's contact hour
allocation provided that:
(A) sufficient funds are available; and
(B) the school district geographic area's contact hour
performance used in calculating the allocation was
not less than that of the preceding fiscal year.
(4) If public funds, other than state and federal adult
education funds, are used in the adult education
instructional program, the program may claim only the
proportionate share of the student contact time based
on the adult education program's expenditures for the
instructional program.
(b) Supplemental allocations may be made at the discretion of
the commissioner of education from funds becoming available
for local allocations during the program year.
Source: The provisions of this §89.29 adopted to be effective September 1, 1996, 21 TexReg 5690.
(a) No student tuition or fees shall be charged for adult basic
education as a condition for membership and participation in
a class.
(b) Tuition and fees for adult secondary education may be
charged and be established by local fiscal agent board
policy. Funds generated by such tuition and fees shall be
used for the adult education instructional program.
(c) Funds, not exceeding 50% of student tuition, may be used to
pay tuition charged to students enrolled in correspondence
courses or high school credit courses.
Source: The provisions of this §89.30 adopted to be effective September 1, 1996, 21 TexReg 5690.
Supervisory and administrative costs shall not exceed 25% of
the total budget. These costs may include supervisory
payroll costs, rental of administrative space, indirect
costs, and clerical costs.
Source: The provisions of this §89.31 adopted to be effective September 1, 1996, 21 TexReg 5690.
Priorities for expenditures of federal funds as required by
the Adult Education Act, §353, shall be presented annually
to the State Board of Education (SBOE).
Source: The provisions of this §89.32 adopted to be effective September 1, 1996, 21 TexReg 5690.
The Texas Education Agency (TEA) shall evaluate adult
education programs based on the indicators of program
quality for adult education through the TEA results-based
monitoring system and compliance requirements.
Source: The provisions of this §89.33 adopted to be effective September 1, 1996, 21 TexReg 5690.