20 U.S.C. § 9212 (EDUCATION)
§ 9212. Performance accountability system
(a) Purpose
The purpose of this section is to establish a comprehensive performance accountability system, comprised of the activities described in this section, to assess the effectiveness of eligible agencies in achieving continuous improvement of adult education and literacy activities funded under this part, in order to optimize the return on investment of Federal funds in adult education and literacy activities.
(b) Eligible agency performance measures
(1) In general
For each eligible agency, the eligible agency performance measures shall consist of—
(A)
(i) the core indicators of performance described in paragraph (2)(A); and
(ii) additional indicators of performance (if any) identified by the eligible agency under paragraph (2)(B); and
(B) an eligible agency adjusted level of performance for each indicator described in subparagraph (A).
(2) Indicators of performance
(A) Core indicators of performance
The core indicators of performance shall include the following:
(i) Demonstrated improvements in literacy skill levels in reading, writing, and speaking the English language, numeracy, problem solving, English language acquisition, and other literacy skills.
(ii) Placement in, retention in, or completion of, postsecondary education, training, unsubsidized employment or career advancement.
(iii) Receipt of a secondary school diploma or its recognized equivalent.
(B) Additional indicators
An eligible agency may identify in the State plan additional indicators for adult education and literacy activities authorized under this part.
(3) Levels of performance
(A) Eligible agency adjusted levels of performance for core indicators
(i) In general
For each eligible agency submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the core indicators of performance described in paragraph (2)(A) for adult education and literacy activities authorized under this part. The levels of performance established under this subparagraph shall, at a minimum—
(I) be expressed in an objective, quantifiable, and measurable form; and
(II) show the progress of the eligible agency toward continuously improving in performance.
(ii) Identification in State plan
Each eligible agency shall identify, in the State plan submitted under section 9224 of this title, expected levels of performance for each of the core indicators of performance for the first 3 program years covered by the State plan.
(iii) Agreement on eligible agency adjusted levels of performance for first 3 years
In order to ensure an optimal return on the investment of Federal funds in adult education and literacy activities authorized under this part, the Secretary and each eligible agency shall reach agreement on levels of performance for each of the core indicators of performance, for the first 3 program years covered by the State plan, taking into account the levels identified in the State plan under clause (ii) and the factors described in clause (iv). The levels agreed to under this clause shall be considered to be the eligible agency adjusted levels of performance for the eligible agency for such years and shall be incorporated into the State plan prior to the approval of such plan.
(iv) Factors
The agreement described in clause (iii) or (v) shall take into account—
(I) how the levels involved compare with the eligible agency adjusted levels of performance established for other eligible agencies, taking into account factors including the characteristics of participants when the participants entered the program, and the services or instruction to be provided; and
(II) the extent to which such levels involved promote continuous improvement in performance on the performance measures by such eligible agency and ensure optimal return on the investment of Federal funds.
(v) Agreement on eligible agency adjusted levels of performance for 4th and 5th years
Prior to the fourth program year covered by the State plan, the Secretary and each eligible agency shall reach agreement on levels of performance for each of the core indicators of performance for the fourth and fifth program years covered by the State plan, taking into account the factors described in clause (iv). The levels agreed to under this clause shall be considered to be the eligible agency adjusted levels of performance for the eligible agency for such years and shall be incorporated into the State plan.
(vi) Revisions
If unanticipated circumstances arise in a State resulting in a significant change in the factors described in clause (iv)(II), the eligible agency may request that the eligible agency adjusted levels of performance agreed to under clause (iii) or (v) be revised. The Secretary, after collaboration with the representatives described in section 2871(i)(1) of title 29, shall issue objective criteria and methods for making such revisions.
(B) Levels of performance for additional indicators
The eligible agency may identify, in the State plan, eligible agency levels of performance for each of the additional indicators described in paragraph (2)(B). Such levels shall be considered to be eligible agency adjusted levels of performance for purposes of this part.
(c) Report
(1) In general
Each eligible agency that receives a grant under section 9211(b) of this title shall annually prepare and submit to the Secretary a report on the progress of the eligible agency in achieving eligible agency performance measures, including information on the levels of performance achieved by the eligible agency with respect to the core indicators of performance.
(2) Information dissemination
The Secretary—
(A) shall make the information contained in such reports available to the general public through publication and other appropriate methods;
(B) shall disseminate State-by-State comparisons of the information; and
(C) shall provide the appropriate committees of Congress with copies of such reports.
(Pub. L. 105–220, title II, § 212, Aug. 7, 1998, 112 Stat. 1064; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 404(c)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416.)
heading: Repeal of Section
text: Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, provided that, effective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], this section is repealed.
heading: Amendments
text: 1998—Subsec. (b)(3)(A)(vi). Pub. L. 105–277 substituted “2871(i)(1) of title 29” for “2871(j) of title 29”.
heading: Effective Date of Repeal
text: Repeal effective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.