20 U.S.C. § 9224 (EDUCATION)
§ 9224. State plan
(a) 5-year plans
(1) In general
Each eligible agency desiring a grant under this part for any fiscal year shall submit to, or have on file with, the Secretary a 5-year State plan.
(2) Comprehensive plan or application
The eligible agency may submit the State plan as part of a comprehensive plan or application for Federal education assistance.
(b) Plan contents
In developing the State plan, and any revisions to the State plan, the eligible agency shall include in the State plan or revisions—
(1) an objective assessment of the needs of individuals in the State or outlying area for adult education and literacy activities, including individuals most in need or hardest to serve;
(2) a description of the adult education and literacy activities that will be carried out with any funds received under this part;
(3) a description of how the eligible agency will evaluate annually the effectiveness of the adult education and literacy activities based on the performance measures described in section 9212 of this title;
(4) a description of the performance measures described in section 9212 of this title and how such performance measures will ensure the improvement of adult education and literacy activities in the State or outlying area;
(5) an assurance that the eligible agency will award not less than one grant under this part to an eligible provider who offers flexible schedules and necessary support services (such as child care and transportation) to enable individuals, including individuals with disabilities, or individuals with other special needs, to participate in adult education and literacy activities, which eligible provider shall attempt to coordinate with support services that are not provided under this part prior to using funds for adult education and literacy activities provided under this part for support services;
(6) an assurance that the funds received under this part will not be expended for any purpose other than for activities under this part;
(7) a description of how the eligible agency will fund local activities in accordance with the considerations described in section 9241(e) of this title;
(8) an assurance that the eligible agency will expend the funds under this part only in a manner consistent with fiscal requirements in section 9251 of this title;
(9) a description of the process that will be used for public participation and comment with respect to the State plan;
(10) a description of how the eligible agency will develop program strategies for populations that include, at a minimum—
(A) low-income students;
(B) individuals with disabilities;
(C) single parents and displaced homemakers; and
(D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency;
(11) a description of how the adult education and literacy activities that will be carried out with any funds received under this part will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; and
(12) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 9241(c)(1) of this title.
(c) Plan revisions
When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions to the State plan to the Secretary.
(d) Consultation
The eligible agency shall—
(1) submit the State plan, and any revisions to the State plan, to the Governor of the State or outlying area for review and comment; and
(2) ensure that any comments by the Governor regarding the State plan, and any revision to the State plan, are submitted to the Secretary.
(e) Peer review
The Secretary shall establish a peer review process to make recommendations regarding the approval of State plans.
(f) Plan approval
A State plan submitted to the Secretary shall be approved by the Secretary unless the Secretary makes a written determination, within 90 days after receiving the plan, that the plan is inconsistent with the specific provisions of this part.
(g) Transition
The provisions of this section shall be subject to section 9276(b) of this title.
(Pub. L. 105–220, title II, § 224, Aug. 7, 1998, 112 Stat. 1068; Pub. L. 105–332, § 4(1), Oct. 31, 1998, 112 Stat. 3126.)
heading: Amendments
text: 1998—Subsec. (g). Pub. L. 105–332 added subsec. (g).