20 U.S.C. § 9241 (EDUCATION)
§ 9241. Grants and contracts for eligible providers
(a) Grants and contracts
From grant funds made available under section 9211(b) of this title, each eligible agency shall award multiyear grants or contracts, on a competitive basis, to eligible providers within the State or outlying area to enable the eligible providers to develop, implement, and improve adult education and literacy activities within the State.
(b) Required local activities
The eligible agency shall require that each eligible provider receiving a grant or contract under subsection (a) of this section use the grant or contract to establish or operate one or more programs that provide services or instruction in one or more of the following categories:
(1) Adult education and literacy services, including workplace literacy services.
(2) Family literacy services.
(3) English literacy programs.
(c) Direct and equitable access; same process
Each eligible agency receiving funds under this part shall ensure that—
(1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and
(2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area.
(d) Special rule
Each eligible agency awarding a grant or contract under this section shall not use any funds made available under this part for adult education and literacy activities for the purpose of supporting or providing programs, services, or activities for individuals who are not individuals described in subparagraphs (A) and (B) of section 9202(1) of this title, except that such agency may use such funds for such purpose if such programs, services, or activities are related to family literacy services. In providing family literacy services under this part, an eligible provider shall attempt to coordinate with programs and services that are not assisted under this part prior to using funds for adult education and literacy activities under this part for activities other than adult education activities.
(e) Considerations
In awarding grants or contracts under this section, the eligible agency shall consider—
(1) the degree to which the eligible provider will establish measurable goals for participant outcomes;
(2) the past effectiveness of an eligible provider in improving the literacy skills of adults and families, and, after the 1-year period beginning with the adoption of an eligible agency’s performance measures under section 9212 of this title, the success of an eligible provider receiving funding under this part in meeting or exceeding such performance measures, especially with respect to those adults with the lowest levels of literacy;
(3) the commitment of the eligible provider to serve individuals in the community who are most in need of literacy services, including individuals who are low-income or have minimal literacy skills;
(4) whether or not the program—
(A) is of sufficient intensity and duration for participants to achieve substantial learning gains; and
(B) uses instructional practices, such as phonemic awareness, systematic phonics, fluency, and reading comprehension that research has proven to be effective in teaching individuals to read;
(5) whether the activities are built on a strong foundation of research and effective educational practice;
(6) whether the activities effectively employ advances in technology, as appropriate, including the use of computers;
(7) whether the activities provide learning in real life contexts to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship;
(8) whether the activities are staffed by well-trained instructors, counselors, and administrators;
(9) whether the activities coordinate with other available resources in the community, such as by establishing strong links with elementary schools and secondary schools, postsecondary educational institutions, one-stop centers, job training programs, and social service agencies;
(10) whether the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs;
(11) whether the activities maintain a high-quality information management system that has the capacity to report participant outcomes and to monitor program performance against the eligible agency performance measures; and
(12) whether the local communities have a demonstrated need for additional English literacy programs.
(Pub. L. 105–220, title II, § 231, Aug. 7, 1998, 112 Stat. 1070.)