281
(ii) $700;
(B) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination is
made, and who have been eligible participants at least one year
but not more than 2 years; multiplied by
(ii) $500; and
(C) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination is
made, and who have been eligible participants more than 2 years
but not more than 3 years; multiplied by
(ii) $300.
(2) If amounts are available for a fiscal year under other laws of the
United States to agencies or other entities for educational or education-re-
lated services or activities in the State because of a significant concentration
of eligible participants, the amount of the grant under paragraph (1) of this
subsection for that fiscal year is reduced by those amounts.
(e) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter-
mines that a part of a payment made to a State educational agency under
this section for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make that
part available to another State educational agency to the extent the Sec-
retary decides the other agency can use the additional amount to carry out
the purpose. An amount made available under this subsection to a State edu-
cational agency from an appropriation for a fiscal year is deemed in this sec-
tion to be a part of the grant (as determined under subsection (d) of this
section) to that agency for that fiscal year, and remains available until the
end of the next fiscal year.
(f) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the State educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
282
(g) PROVIDING ASSISTANCE
TO NONPUBLIC SCHOOLS WHEN STATE
DOES NOT.—If a State is prohibited by law from providing materials,
equipment, and services for children enrolled in elementary and secondary
nonpublic schools as required by subsection (c)(5) of this section, or if the
Secretary decides that a local educational agency has failed substantially to
or will not provide for the participation on an equitable basis of eligible par-
ticipants enrolled in those schools, the Secretary—
(1) may waive the requirements of subsection (c)(5) of this section;
and
(2) subject to the other requirements of this subchapter, shall ar-
range that materials, equipment, and services be provided for those eli-
gible participants.
§ 13134. Adult education program grants
(a) GENERAL AUTHORITY.—(1) The Secretary of Education shall make
a grant, as provided in this subchapter, to each State educational agency
for each fiscal year to be used to provide adult education programs to eligi-
ble participants at least 16 years of age in need of the services and not en-
rolled in an elementary or secondary public school under the jurisdiction of
a local educational agency. The grant may be used for—
(A) programs of instruction—
(i) to teach the eligible participants basic reading and mathe-
matics;
(ii) to develop and enhance skills needed by the eligible partici-
pants; and
(iii) to promote literacy among the eligible participants;
(B) administrative costs of planning and operating the programs re-
ferred to in clause (A) of this paragraph;
(C) educational support services needed by the eligible participants,
including services to guide and counsel the eligible participants about
educational, career, and employment opportunities; and
(D) special projects designed to operate with existing programs and
activities that develop occupational and related skills, particularly pro-
grams authorized under the Job Training Partnership Act (29 U.S.C.
1501 et seq.) or the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (20 U.S.C. 2301 et seq.).
(2) The State educational agency may use the grant only as provided in
its application as approved under section 13135(b) of this title.
(b) APPLICATIONS.—To receive a grant under this section, the State edu-
cational agency must submit an application to the Secretary. In the applica-
tion, the State educational agency must—
283
(1) agree that payments under the grant will be used as provided
in subsection (a) of this section;
(2) agree to make periodic reports to the Secretary evaluating the
effectiveness of those payments;
(3) specify the amounts referred to in subsection (c)(2) of this sec-
tion that are made available under other laws of the United States for
expenditure in the State for the same purpose for which an amount is
made available under this section; and
(4) comply with section 13135(a) of this title.
(c) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro-
priated to carry out this section for a fiscal year among the State edu-
cational agencies (except the agencies for American Samoa, Guam, the
Northern Mariana Islands, the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, and the Virgin Islands).
Except as provided in paragraph (2) of this subsection and section 13136
of this title, the amount of the grant to which an agency is entitled under
this section for a fiscal year is equal to the product of—
(A) the number of eligible participants at least 16 years of age who,
during the period for which the determination of that number is made,
are enrolled in programs of instruction described in subsection
(a)(1)(A) of this section and offered in the State, but who are not en-
rolled in elementary and secondary public schools under the jurisdiction
of local educational agencies; multiplied by
(B) $300.
(2) If amounts are available for a fiscal year under other laws of the
United States for expenditure in the State for the same purpose for which
an amount is made available under this section, the amount of the grant
under paragraph (1) of this subsection for that fiscal year is reduced by
those amounts. However, the reduction is made only to the extent the
amounts are available under the other laws—
(A) for that purpose specifically because the individuals served by the
amounts have refugee, parolee, or asylum status; and
(B) to assist individuals eligible for services under this section.
(d) METHODS OF PROVIDING PROGRAMS.—(1) A State educational agen-
cy may provide adult education programs directly or may make grants to,
or contracts with, local educational agencies, public agencies, and private
nonprofit organizations to provide the programs. The State educational
agency shall review an application for a grant or contract under this sub-
section in a way that is consistent with the purposes of section 381 of the
Adult Education Act (20 U.S.C. 1213).