Arkansas Administrative Code › Agency 172 - Department of Career Education › Rule 172.00.18-003 - Revisions to the Adult Education Policies

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Department of Career Education, Adult
	 Education Division Policy Manual
Subject: Effective and Efficient Evaluation
	 Calculations
POLICY:
According to Arkansas Act 1280 of
	 2007, Section 30, "All funds that become available for adult education shall
	 first be distributed to those administrative units determined to be operating
	 effective and efficient adult education programs, under criteria established by
	 the Career Education and Workforce Development Board. The criteria shall
	 include the relative efficiency of administration of the program in the
	 counties served and achievement of the federal performance indicators."
To be considered effective and efficient, local adult education
	 programs and literacy councils receiving adult education funds will be required
	 to meet or exceed the percentage of the federal negotiated core indicators as
	 determined by the Deputy Director of Adult Education. Programs not meeting
	 percentage requirement in the first year will be required to submit an
	 improvement plan. The improvement plan will address each core indicator of
	 performance that was not met and will include measurable objectives for
	 correcting deficiencies during the following year. State program advisors will
	 provide technical assistance to each program submitting an improvement plan and
	 closely monitor programs during the year. Core indicators of performance are
	 defined in the federal Workforce Innovation and Opportunity Act of 2014, Title
	 II, the Adult Education and Family Literacy Act (AEFLA); however, using the
	 core indicators as criteria for effective and efficient evaluations and
	 imposing a minimum score is a state decision.
Programs that do not meet the percentage requirement of their
	 negotiated core indicators of performance for a second consecutive year will be
	 assigned a state technical assistance team to assist the program in addressing
	 its deficiencies. The team members may include but not be limited to state and
	 local staff, administrators, teachers and students. Quarterly progress reports
	 will be submitted by the program being monitored to the Adult Education
	 Division describing the progress being made to bring the program into
	 compliance with core indicators. Programs not achieving percentage requirement
	 of their negotiated core indicators of performance for three consecutive years
	 will be submitted to the Career Education and Workforce Development Board for
	 appropriate action prior to continuation of funding.
INFORMATION/RATIONALE:
Relevant sections of
	 law and regulation: Arkansas Act 1280 of 2007, Section 30; and federal
	 Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Sections 116 and 212.
EFFECTIVE DATE: JULY 1,1991
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
Subject; Service Delivery
	 Area
POLICY:
Adult education programs receiving
	 state or federal funding for a designated service area or county are not to
	 cross into counties or other designated service areas where there is an
	 established adult education program without a written memorandum of
	 understanding between the programs. The Adult Education Division must approve
	 this agreement annually. If a program is unwilling or unable to provide needed
	 services in its designated service area, the Adult Education Division may
	 assign or approve another program to do so.
INFORMATION/RATIONALE:
Funding for local adult
	 education programs is based on census data intended for a designated area or
	 county. Funds must be spent in the designated area or county for which the
	 funds were provided. To ensure that each service area or county receives
	 adequate adult education services and to avoid duplication, it is essential
	 that each local program stay within its designated area.
EFFECTIVE DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1, 2018
Subject: Distribution of State
	 Funds
POLICY:
According to Arkansas Act 1280 of
	 2007, Section 30, "All funds that become available for adult education shall
	 first be distributed to those administrative units determined to be operating
	 effective and efficient adult education programs under criteria established by
	 the Career Education and Workforce Development Board. The criteria shall
	 include the relative efficiency of administration of the program in the
	 counties served and achievement of the federal performance indicators. The
	 Career Education and Workforce Development Board shall promulgate rules and
	 regulations for the distribution of funds in accordance with criteria to be
	 determined by the Board. In distribution of funds to local units the board
	 shall consider the literacy rate in each county and performance in meeting
	 state and federal performance indicators. For the purposes of this section, the
	 term 'literacy rate' shall be determined by the number of adults completing
	 less than the twelfth grade as reported by the most recent decennial federal
	 census. Unallocated funds will be redistributed based upon need as determined
	 by the Career Education and Workforce Development Board."
INFORMATION/RATIONALE:
Procedures set forth in
	 Arkansas Act 1280 of 2007, Section 30, govern distribution of all state adult
	 education funds.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
Subject: Termination of an Award to a Local Grantee:
	 Voluntary
POLICY:
According to the Education Department
	 General Administrative Regulations (EDGAR)
	 2 CFR
	 200.339 "(a) The Federal award may be
	 terminated in whole or in part as follows:
(1) By the Federal awarding agency or
  pass-through entity, if a non-Federal entity fails to comply with the terms and
  conditions of a Federal award;
(2)
  By the Federal awarding agency or pass-through entity for cause;
(3) By the Federal awarding agency or
  pass-through entity with the consent of the non-Federal entity, in which case
  the two parties must agree upon the termination conditions, including the
  effective date and, in the case of partial termination, the portion to be
  terminated; or
(4) By the
  non-Federal entity upon sending to the Federal awarding agency or pass-through
  entity written notification setting forth the reasons for such termination, the
  effective date, and, in the case of partial termination, the portion to be
  terminated.
A grantee that chooses to relinquish responsibility as the local
	 education agency (LEA) for an adult education or literacy council program must
	 provide written notification to the Department of Career Education, Adult
	 Education Division at least 90 days prior to termination. The Department of
	 Career Education, Adult Education Division, with notice to the Career Education
	 and Workforce Development Board, will be responsible for selecting a new
	 provider for the local adult education program. A statewide competition may be
	 used to bid out the new eligible area(s).
Upon termination, inventory purchased with adult education funds must
	 be returned to the Department of Career Education, Adult Education Division,
	 who reserves the right to transfer equipment to the new local education agency
	 or other current providers.
Employees are not included in an administrative transfer of grant
	 funds. The hiring of staff, from a previous LEA, will be at the discretion of
	 the new grantee, but must follow the
Salaries of Adult Education
	 Personnel
policy.
INFORMATION/RATIQNALE:
Provide guidance on the
	 termination of local grants and to ensure state and federal guidelines for
	 grants are followed.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Termination of an Award to a Local Grantee:
	 Involuntary
POLICY:
Monitoring is action taken by the
	 Department of Career Education, Adult Education Division to ensure that the
	 grantees or subgrantees are using Federal and state awards for authorized
	 purposes in compliance with the laws, regulations, and provision of contracts
	 or grant agreements and that performance goals are achieved. Subgrantees are
	 subject to all applicable Federal laws and regulations that the grantee must
	 follow. According to the Education Department General Administrative
	 Regulations (EDGAR) 2 CFR Part 200.338, if a grantee fails to comply with any
	 term of an award, whether stated in a Federal statute, regulation, assurance,
	 State Plan or application, notice of award, or elsewhere-the state or awarding
	 agency may impose additional conditions, as described below:
a) Temporarily withhold cash payments pending
  correction of the deficiency by the non-Federal entity or more severe
  enforcement action by the Federal awarding agency or pass-through
  entity.
b) Disallow (that is, deny
  both use of funds and any applicable matching credit for) all or part of the
  cost of the activity or action not in compliance.
c) Wholly or partially suspend or terminate
  the Federal award.
d) Initiate
  suspension or debarment proceedings as authorized under 2 CFR part 180 and
  Federal awarding agency regulations (or in the case of a pass-through entity,
  recommend such a proceeding be initiated by a Federal awarding
  agency).
e) Withhold further
  Federal awards for the project or program.
f) Take other remedies that may be legally
  available,
State requirements will follow federal guidelines.
INFORMATION/RATIONALE:
In order to maintain effective adult education and literacy council
	 programs, the Department of Career Education, Adult Education Division is
	 responsible for program monitoring and corrective action for noncompliance with
	 identified program requirements, program accountability standards, and
	 financial propriety.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Direct and
	 Equitable
POLICY:
Direct and equitable access to all
	 federal funds will be provided to local educational agencies, community-based
	 organizations of demonstrated effectiveness, volunteer literacy organizations
	 of demonstrated effectiveness, institutions of higher education, public or
	 private nonprofit agencies, libraries, and public housing authorities,
	 nonprofit institutions that have the ability to provide literacy services to
	 adults and families; or consortia of the agencies, organizations, institutions,
	 libraries, or authorities described according to Section 203 (5) of Title II of
	 the Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ), Adult Education and Family Literacy Act (AEFLA). In order to
	 provide direct and equitable access to all adult education federal funds
	 provided under Title II of the Workforce Innovation and Opportunity Act of 2014
	 ( P.L.
			 113-128 ), the Adult Education Division shall award funds on the basis
	 of competitive applications submitted by eligible recipients. Direct and
	 equitable access includes:
(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.
INFORMATION/RATIONALE:
Relevant sections of
	 federal law and regulation: Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Sections 231(C) and 203(5).
EFFECTIVE DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
Subject: Correctional/Institutional Federal
	 Funding
POLICY:
Grants for correctional/ institutional
	 education shall be awarded and used according to the guidelines as stated in
	 the Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ). Not more than 20% of federal funds allotted to a state for
	 adult education activities shall be used for corrections education and
	 education for other institutionalized adults.
Local program operators will be charged with the responsibility of
	 designing, developing, and implementing instructional programs. Various
	 activities will be undertaken which will be designed to include-but not be
	 limited to-basic education, special correctional and institutional education
	 programs, and English literacy programs.
INFORMATION/RATIONALE:
Relevant sections of
	 federal law and regulation: Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Sections 222 (a) and 225.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13,1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4,2015
REVISED DATE: DECEMBER 31, 2017
Subject: Tuition, Fees, and Other
	 Charges
POLICY:
Adults enrolled in Arkansas adult
	 education programs will not be charged tuition or fees. Adults enrolled in
	 adult basic education will not be required to purchase any books or any other
	 materials needed for participation in the program.
INFORMATION/RATIONALE:
The Arkansas State
	 Unified Plan states the strategy to serve those populations most in need will
	 focus on populations as listed in the federal Workforce Innovation and
	 Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Section and 116 and 224.
EFFECTIVE DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
Subject: Purchase/Disposal of
	 Equipment
POLICY:
Equipment can be purchased by local
	 adult education programs with adult education funds disbursed by the Adult
	 Education Division. Prior to purchasing any equipment with adult education
	 funds, written approval must be secured from the Adult Education Division. The
	 local education agency (LEA) will only use the equipment for the purpose(s) for
	 which it is acquired or for other allowable adult education use.
Once equipment is purchased, inventory procedures as stated in the most
	 current revision of the Adult Education Inventory Control Form are to be
	 followed by local programs. Since the inventory record is of a permanent
	 nature, numbering should continue consecutively, year after year, rather than
	 starting a new series each year. All equipment that is purchased with adult
	 education funds will remain the property of the state Adult Education
	 Division.
Equipment inventories should be updated as equipment is purchased.
	 Current program inventories will be submitted annually to the Adult Education
	 Division,
Inventory must be disposed of using the Adult Education Inventory
	 Transfer/Disposal Form. Procedures for inventory transfer/disposal should be in
	 line with the LEA transfer/disposal institutional policies and noted on the
	 form.
Termination of funding to an LEA requires an immediate submission of a
	 final inventory list and equipment purchased with Adult Education Division
	 funds must be transferred back to the Arkansas Department of Career Education,
	 Adult Education Division.
INFORMATION/RATIONALE:
Programs must have
	 authorization to purchase equipment as needed. In order to track location and
	 use of equipment purchased with adult education funds, proper inventory
	 procedures must be followed.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13,1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: DECEMBER 31, 2017
Subject: Recruitment and Retention
	 Plans
POLICY:
Programs receiving state and federal
	 adult education funds will develop and implement recruitment and retention
	 activity plans annually. A special effort will be made to recruit and serve
	 those most in need as defined by the Workforce Innovation and Opportunity Act
	 of 2014 ( P.L.
			 113-128 ) as low-income students, individuals with disabilities, single
	 parents, displaced homemakers, and individuals with multiple barriers to
	 educational enhancement including those with limited English proficiency.
	 Recruitment/retention activities will include - but not be limited to - a close
	 working relationship with other agencies serving persons eligible for adult
	 education services and efficient utilization of local media. Student retention
	 can be enhanced by follow-up on absenteeism.
INFORMATION/RATIONALE:
Programs receiving
	 state and federal adult education funds must develop and implement recruitment
	 activities so students are aware of available services. In order to ensure that
	 students make substantial learning gains and meet their goals, they must remain
	 in programs long enough to accomplish these gains and goals. While this is a
	 state-imposed requirement, it relates to various definitions and activities
	 under the Workforce Innovation and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, the Adult Education and Family Literacy Act
	 (AEFLA), Section 203 and Section 224.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
Subject: Enrollment Policy: Minimum Age Adult
	 Education
POLICY:
Arkansas Code Annotated (ACA) §
										6-18-201(a),
	 concerning the age for compulsory attendance for school enrollment, is that
	 "Under the penalty for noncompliance as shall be set by law, every parent,
	 guardian, or other person residing within the State of Arkansas having custody
	 or charge of any child age five (5) through seventeen (17)... shall enroll and
	 send the child to a public, private, or parochial school or provide a home
	 school for the child...."
Under special circumstances, persons 16 or 17 years of age may be
	 enrolled in adult education programs.
Public schools shall not release a student making application to the
	 school district for a waiver until the adult education program agrees in
	 writing to serve that student. A local school district may grant a waiver of
	 attendance requirement to any student age 16 or 17 to enroll in an adult
	 education program only after all of the following requirements have been
	 met:
1) The student makes formal
  application to the school district for a waiver to enroll in an adult education
  program;
2) After formal
  application and prior to any further action on the application, the student
  shall be administered either a current National Reporting System (NRS) and
  State-approved assessment test under standardized testing conditions by a
  designated K-12 public school official or adult education personnel;
3) If administered the current form of the
  TABE test, the student shall achieve a scale score of 563 or above on all
  sections. If administered the official GED practice test, the student must
  score a minimum of 145 on each section. If administered another NRS-approved
  assessment, the student must meet the minimum score for that assessment as
  outlined in the test publisher's guidelines.
Note:
An exception to the minimum test score is allowable
	 when a 16/17 year old has been court ordered to enroll in adult education.
	 These individuals must adhere to all other requirements set forth in this
	 policy.
Note:
Such minimum test scores shall not be required of
	 any student who is subject to the attendance requirement of this policy but was
	 not enrolled in any school district during the previous school
	 year;
4) The student and the
  student's parents, guardians, or persons in loco parentis meet with the school
  counselor to discuss academic options open to the student;
5) The school district determines that the
  student is a proper candidate for enrollment in adult education, contingent
  upon approval by the appropriate adult education program;
6) The adult education program reviews the
  student's school and testing records and agrees to admit the student into the
  program;
7) The adult education
  program shall report attendance of all 16 and 17 year old enrollees to the
  sending school district on at least a monthly basis;
8) The adult education program shall require
  for continued enrollment a minimum of 20 hours per week of class attendance and
  instruction. A minimum of 10 hours of attendance per week shall be required for
  any student who is employed for 30 hours or more each week;
9) The student, the student's parents,
  guardians, or persons in loco parentis, and the administrative head of the
  adult education program agree in writing that the student will attend the
  requisite number of hours per week and maintain appropriate conduct as outlined
  in the local adult education program student handbook;
10) In the event that a more appropriate
  assessment test or testing and assessment mechanism shall be developed to
  determine a reasonable level of competency for success at the adult education
  level, that test or mechanism shall be substituted, with the approval of the
  Adult Education Division, for the tests required in this policy;
11) If the student does not attend class as
  mandated in this policy or make reasonable progress toward the completion of
  the adult education curriculum, the student shall re-enroll in the public
  schools within five days from the date the student is released from the adult
  education program.
Note:
Any variation in the required documentation must be
	 approved by the Department of Career Education, Adult Education
	 Division.
Note:
The above requirements shall not apply to students
	 enrolled in a private, parochial, or home school in the state.
Note:
Under ACA §
											6-18-201,
	 any person age sixteen or seventeen who has received a high school diploma or
	 its equivalent as determined by the State Board of Education is not subject to
	 the compulsory attendance requirement.
INFORMATION/RATIONALE:
The ages established
	 for compulsory school attendance by Arkansas Act 292 of 1991 are ages five
	 through seventeen, both inclusive. This Act allows, after certain provisions
	 have been met, for persons age 16 or 17 to enroll in adult education programs.
	 Arkansas Acts 1659 of 2001 and Act 604 of 2003 detail the process that must be
	 followed and requirements that must be met to allow persons age sixteen or
	 seventeen to enroll in adult education programs.
Relevant sections of federal law and regulation: Workforce Innovation
	 and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Section 203(1)(4). "Adult Education means services or instruction
	 below the post-secondary level for individuals who have attained sixteen years
	 of age; (and) who are not enrolled or required to be enrolled in secondary
	 school under State law."
EFFECTIVE DATE: MAY 18, 1992
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4,2015
REVISED DATE: DECEMBER 31, 2017
REVISED DATE: SEPTEMBER 1,2018
Subject: Enrollment Policy: Private. Parochial or
	 Home School Minimum Age
POLICY:
Arkansas Code Annotated (ACA) §
											6-18-201(a),
	 concerning the age for compulsory attendance for school enrollment, is that
	 "Under the penalty for noncompliance as shall be set by law, every parent,
	 guardian, or other person residing within the State of Arkansas having custody
	 or charge of any child age five (5) through seventeen (17)... shall enroll and
	 send the child to a public, private, or parochial school or provide a home
	 school for the child...."
Under special circumstances, persons 16 or 17 years of age may be
	 enrolled in adult education programs in accordance with Arkansas Act 1659 of
	 2001 and Act 604 of 2003.
Students age 16 or 17, enrolled in a private, parochial or home school,
	 who desire to enroll in an adult education program shall meet the following
	 requirements:
1) Students shall apply
  for enrollment to the adult education program;
2) If administered the current form of the
  TABE test, the student shall achieve a scale score of 563 or above on all
  sections. If administered the official GED practice test, the student must
  score a minimum of 145 on each section. If administered another NRS-approved
  assessment, the student must meet the minimum score for that assessment as
  outlined in the Arkansas Adult Education Assessment Policy and Distance
  Education Guidelines.
3) A student
  who is home schooled shall provide a notarized copy of the notice of intent to
  home school that was provided to the superintendent of the local school
  district as required by ACA §
										6-15-503;
4) The student and the student's parents,
  guardians, or persons in loco parentis shall meet with the appropriate staff of
  the adult education program to discuss academic options open to the
  student;
5) The adult education
  program administrators shall review the student's school and testing records
  prior to allowing admission to an adult education program;
6) The adult education program shall require,
  for continued enrollment, a minimum of 20 hours per week of class attendance
  and instruction. A minimum of 10 hours of attendance per week shall be required
  for any student who is employed for 30 hours or more each week;
7) The student, the student's parents,
  guardians, or persons in loco parentis, and the administrative head of the
  adult education program agree in writing that the student will attend the
  requisite number of hours per week and maintain appropriate conduct as outlined
  in the local adult education program student handbook;
8) In the event a student does not attend
  class as mandated in this policy or make reasonable progress toward the
  completion of the adult education curriculum, the student shall re-enroll in
  either a public, private, parochial or home school within five days from the
  date the student is released from the adult education program;
9) If a home school student is accepted into
  an adult education program, the student's parent, guardian or person standing
  in loco parentis shall send written notification to the local public school
  superintendent of their intent to participate in the adult education program.
Students age 16 or above, enrolled in a private, parochial or home
	 school, who desire to take the General Educational Development Test or other
	 high school equivalency exam shall meet the following requirements:
1) Students shall not be required to obtain
  permission or approval from any official in a public school district before
  being allowed to take the test;
2)
  A student enrolled in a private or parochial school shall provide a letter from
  the principal or administrator of the private or parochial school to verify
  enrollment;
3) A student enrolled
  in a home school shall provide a notarized copy of the notice of intent to home
  school provided to the superintendent of the local school district as required
  by ACA§
										6-15-503.
4) A student enrolled in a private, parochial
  or home school must achieve at least the minimum official General Educational
  Development practice test scores, or other approved high school equivalency
  assessment.
5) Provide
  documentation of having passed the Arkansas Civics Examination as required by
  Act 478 of 2017 (applicable to students age 16-18).
Note:
Any variation in the required documentation must be
	 approved by the Department of Career Education, Adult Education
	 Division.
Note:
Under Arkansas Code Annotated (ACA) §
											6-18-201,
	 any person age sixteen or seventeen who has received a high school diploma or
	 its equivalent as determined by the State Board of Education is not subject to
	 the compulsory attendance requirement.
INFORMATION/RATIONALE:
The ages established
	 for compulsory school attendance by Arkansas Act 292 of 1991 are ages five
	 through seventeen, both inclusive. This Act allows, after certain provisions
	 have been met, for persons age 16 or 17 to enroll in adult education programs.
	 Arkansas Acts 1659 of 2001 and Act 604 of 2003 detail the process that must be
	 followed and requirements that must be met to allow persons age sixteen or
	 seventeen to enroll in adult education programs.
Relevant sections of federal law and regulation: Workforce Innovation
	 and Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Section 203(1). "Adult Education means services or instruction below
	 the post-secondary level for individuals who have attained sixteen years of
	 age; (and) who are not enrolled or required to be enrolled in secondary school
	 under State law."
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: DECEMBER 31,2017
REVISED DATE: SEPTEMBER 1, 2018
Subject: Civics Test
	 Requirement
POLICY:
According to Arkansas Act 478 of 2017,
	 beginning in the 2018-2019 year, in order to receive a high school equivalency
	 diploma, students below the age of 19 must take a test that is identical to the
	 civics portion of the naturalization test used by United States Citizenship and
	 Immigration Services; and correctly answer at least sixty (60) of the one
	 hundred (100) test questions. The test may be taken prior to or after entrance
	 into a local Adult Education program.
INFORMATION/RATIONALE: In order to comply with Arkansas Act 478 of
	 2017, Adult Education programs must ensure that students pass the civics
	 test.
EFFECTIVE DATE: SEPTEMBER 1, 2018
Subject: Standardized Testing
	 Instruments
POLICY:
Only the following state, National
	 Reporting System for Adult Education (NRS), and Division of Adult Education and
	 Literacy (DAEL) approved standardized tests will be utilized for pre-test,
	 post-test, and continued student assessment for adult education students: Test
	 of Adult Basic Education**; Basic English Skills Test**, and Comprehensive
	 Adult Student Assessment System (Life Skills Assessment for ESL only). Other
	 NRS/DAEL-approved standardized testing instruments, forms and versions may be
	 used with the written approval of the Deputy Director of Adult Education.
	 Different forms of the same test must be used for the pre-test and the
	 post-test. Local programs will pre-test and place all students into an
	 educational functioning level (EFL) at intake or shortly after intake, within
	 the first 12 hours of instruction.
Post-testing of adult learners is to measure performance and completion
	 of an educational functioning level. Within the fiscal year, students should be
	 post-tested after completing the minimum hours of instruction, as outlined by
	 the Arkansas Assessment Policy and Distance Education Guidelines, located on
	 the Arkansas Department of Career Education (Adult Education Division) website.
	 Students should be assessed within 180 calendar days (defined as weekdays,
	 weekends, and holidays) after the previous assessment to reflect a more current
	 measurement of performance.
A complete description of the adult education assessment procedures can
	 be found in the "Arkansas National Reporting System Guidelines."
INFORMATION/RATIONALE:
The levels of
	 performance will be expressed in an objective, quantifiable, and measurable
	 form and will show the progress of the state toward continuously improving in
	 performance. According to the National Reporting System for Adult Education
	 Implementation Guidelines, states must require local programs to measure
	 educational gain with standardized assessments that are appropriate for
	 measuring educational gain within the NRS framework and conform to accepted
	 psychometric standards for validity and reliability.
**Includes all NRS-approved versions of the test.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: DECEMBER 7, 2006
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1, 2018
Subject: Reporting of Student
	 Data
POLICY:
Any person meeting the minimum age and
	 educational functioning level restrictions as mandated by the Adult Education
	 Division and the state compulsory attendance age requirements (Arkansas Act
	 1659 of 2001 and Act 604 of 2003) may be reported as a participant in an adult
	 education program provided that either federal or state adult education funds
	 are used to support that individual's participation in the program.
Participants: An individual is considered a participant in adult
	 education upon completion of 12 contact hours without a break in service of 90
	 days or more.
Reportable Individual: A reportable individual is one who provides
	 identifying information, taken action that demonstrates an
intent
to use program services, and has
less
than 12 contact
	 hours.
INFORMATION/RATIONALE:
The National Reporting
	 System for Adult Education Implementation Guidelines requires that the Adult
	 Education Division collect and report accurate data which reflects the number
	 of persons whose basic skills education is supported by either federal or state
	 education funds. Local programs must report as a participant any eligible
	 individual whose educational training is supported by adult education.
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13,1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1, 2018
Subject: Salaries for Adult Education
	 Personnel
POLICY:
Effective January 1, 2016, all
	 full-time adult education personnel hired, or rehired after a separation of
	 service shall be paid a starting salary equivalent to the Local Education
	 Agency's (LEA) salary scale, not to exceed $31.00 per hour using adult
	 education funds. In extenuating circumstances, the LEA has the discretion to
	 exceed this amount by applying for a waiver with the Department of Career
	 Education, Adult Education Division, though approval is not guaranteed. This
	 does not preclude LEAs from using adult education funds to provide future cost
	 of living increases, merit pay, bonuses, etc. in line with those provided to
	 LEA staff outside of Adult Education.
The salary for a part-time administrator is to be determined by the
	 LEA, but will not exceed $31.00 per hour with adult education funds. The salary
	 for a part-time instructor or one serving as a substitute instructor is to be
	 determined by the LEA, but will not exceed $28.00 per hour with adult education
	 funds.
Salary for part-time paraprofessionals with adult education funds will
	 not exceed the following:
Paraprofessionals with a high school diploma or
				equivalent
maximum of $12.00 per hour
Paraprofessionals with an associate's degree
maximum of $14.00 per hour
Paraprofessionals with a bachelor's degree
maximum of $18.00 per hour
Paraprofessionals with a master's degree
maximum of $20.00 per hour
Paraprofessionals with a doctorate degree
maximum of $24.00 per hour
Program directors will have the flexibility of setting beginning hourly
	 wage and a system of increasing increments.
Copies of licenses, diplomas, and other credentials must be submitted
	 to the Adult Education Division for approval prior to beginning of employment
	 or expenditure of Adult Education funds. Local Adult Education administrators
	 and licensed personnel are responsible for maintaining current credentials.
	 Adult Education funds may not be expended for personnel once a license expires.
	 There will be no retroactive pay with Adult Education funds once the license is
	 renewed.
INFORMATION/RATIONALE:
The Arkansas Adult
	 Education Division requires those employed on a full-time basis be paid a
	 salary equivalent to the LEA salary scale.* In order to attract and retain
	 quality part-time education personnel, it is necessary to pay hourly salaries
	 competitive with those paid to other part-time instructors and
	 paraprofessionals in the LEAs based on education and experience. Additionally,
	 the minimum salary scale for adult education administrators was set using the
	 midpoint of the Fair Labor Standards Act exemption status for School Principal
	 as outlined by the Department of Finance and Administration, Personnel
	 Management job details.
*state requirement
EFFECTIVE DATE: JULY 1, 1991
REVISED DATE: SEPTEMBER 13,1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1, 2018
Subject: Termination of
	 Employment
POLICY:
Upon voluntary or involuntary
	 termination of employment, which includes retirement, an employee paid with
	 Adult Education funds, is eligible for benefits as determined by policies of
	 the Local Education Agency (LEA). If the LEA policy provides for former
	 employees being paid for unused leave time, leave accrued within the fiscal
	 year of retirement may be reimbursed using adult education funds. Any payment
	 of additional accrued leave must have prior approval by the Arkansas Division
	 of Adult Education Deputy Director. Additionally, Adult Education funds may not
	 be used to pay any benefits beyond the year of retirement.
INFORMATION RATIONALE:
To ensure that funds
	 will be available for the services of the program, Adult Education funds are
	 provided for program operation during the fiscal year of award.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Adult Education Program
	 Operations
POLICY:
Local education agencies (LEA)
	 receiving state or federal funding from the Department of Career Education,
	 Adult Education Division, must offer educational services year-round. Programs
	 must be of sufficient intensity and duration for students to achieve
	 substantial learning gains. Programs should meet year-round and make every
	 effort to minimize breaks to no longer than three weeks, where possible, to
	 maximize student attendance. When programs have scheduled breaks, students
	 should be offered distance learning through online software or homework packets
	 in order to persist in making gains. Any deviation from this policy, must have
	 written approval from the Arkansas Department of Career Education, Adult
	 Education Division's Deputy Director.
INFORMATION/RATIONALE:
In order to ensure
	 continuous academic progress and meet the needs of students with barriers to
	 employment and one-stops, as defined in the Workforce Innovation and
	 Opportunity Act of 2014 ( P.L.
			 113-128 ), Title II, The Adult Education and Family Literacy Act
	 (AEFLA), Sections 116 and 224, programs must provide access to educational
	 services year-round.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Full-Time and Part-Time Para, professional
	 Qualifications
POLICY:
Part-time and full-time
	 paraprofessionals must have a high school diploma, GED® or the equivalent.
	 Paraprofessionals may not teach a class unless they meet the qualifications of
	 a full-time or part-time adult education teacher.
INFORMATION/RATIONALE:
To ensure that adult
	 education students receive instruction by qualified personnel, the Adult
	 Education Division requires students to be provided instruction by licensed
	 personnel*. Paraprofessionals who do not have the qualifications of full-time
	 or part-time teachers must not assume the role and responsibilities of a
	 licensed teacher.
*state requirement
EFFECTIVE DATE: SEPTEMBER 13, 1993
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15,2008
REVISED DATE: AUGUST 4, 2015
Subject: Adult Education Director/Coordinator
	 Qualifications
POLICY:
All adult education
	 directors/coordinators must have a minimum of a master's degree in education,
	 administration, or related field. If not already licensed in adult education,
	 administrators must become licensed in adult education by the Arkansas
	 Department of Education, Professional Licensure, within three (3) years of the
	 date of initial employment as an adult education administrator, showing
	 academic progress toward completion annually. In addition, all newly-hired
	 directors/coordinators must have five years of supervisory experience and five
	 years of experience as a teacher or administrator in education or a related
	 field. Any exception to the experience requirements must be approved by the
	 Adult Education Division Senior Management Team.
INFORMATION/RATIONALE:
In order for adult
	 education programs to be operated effectively, the Arkansas Adult Education
	 Division requires that administrators have the relevant experience and
	 credentials.*
*state requirement
EFFECTIVE DATE: JULY 1, 1990
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1, 2018
Subject: Non-Profit/Community-Based Organization
	 Director/Coordinator Qualifications
POLICY:
All directors of non-profit
	 community-based organizations, such as literacy councils, must meet the
	 qualifications set forth by the local board of directors. Directors paid with
	 funds from the Department of Career Education, Adult Education Division must
	 complete all state required trainings.
INFORMATION/RATIONALE:
Directors of
	 community-based organizations must be in compliance with the qualifications set
	 forth by local boards and adult education policies and guidelines.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Full-Time Adult Education Teacher
	 Qualifications
POLICY:
Full-time Adult Education teachers
	 must hold a current Arkansas Department of Education teacher's license. If
	 teachers do not already have a license in Adult Education, they must obtain an
	 Adult Education additional license within three (3) years of the date of their
	 initial employment as full-time Adult Education teachers. Newly hired adult
	 education teachers must show academic progression towards adult education
	 licensure annually.
INFORMATION/RATIONALE:
In order for students
	 to be provided instruction by qualified personnel, the Arkansas Adult Education
	 Division requires that full-time teachers have the appropriate professional
	 teacher training and hold valid Arkansas Department of Education teaching
	 licenses and credentials.*
*state requirement
EFFECTIVE DATE: JULY 1, 1990
REVISED DATE: APRIL 18,2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
REVISED DATE: SEPTEMBER 1,2018
Subject: Part-Time Adult Education Teacher
	 Qualifications
POLICY:
Part-time Adult Education teachers
	 must hold a current Arkansas Department of Education teacher's license.
INFORMATION/RATIONALE:
In order for students
	 to be provided instruction by qualified personnel, the Arkansas Adult Education
	 Division requires that part-time teachers have the appropriate professional
	 teacher training and hold a current Arkansas Department of Education teaching
	 license.*
*state requirement
EFFECTIVE DATE: JULY 1, 1990
REVISED DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
Subject: Waivers for Adult Education Teachers without
	 an Educator's License
POLICY:
The Department of Career Education,
	 Adult Education Division requirement that full-time, part-time, and substitute
	 adult education teachers hold an Arkansas current teacher's license may be
	 waived for instructors who hold a Master's degree in the subject area of
	 Mathematics, Reading & Language Arts, English, Social Studies, Science,
	 English as a Second Language, or closely related field and four (4) years of
	 teaching experience at an accredited institution. If the adult education
	 program director is unable to find a licensed teacher for such classes, he/she
	 may submit a written request to the Deputy Director of the Adult Education
	 Division for a waiver for a non-licensed instructor to teach the class(es).
	 Although a full-time teacher may be waived upon initial hire, he or she must
	 obtain an Adult Education license within three (3) years of the date of their
	 initial employment as a full-time Adult Education teacher. Newly hired adult
	 education teachers must show academic progression towards adult education
	 licensure annually. In addition, students should show educational gains at a
	 rate equal or above the program's or state's average, whichever is greater
	 within a year of hire.
Note:
Only 25% of an adult education center's overall
	 instructional staff can be comprised of non-licensed teachers who hold a
	 Master's degree in the aforementioned subject areas.
INFORMATION/RATIONALE:
In order to provide a
	 greater applicant pool to hire qualified teachers, adult education programs may
	 request a waiver for non-licensed instructors, with Master's degrees and
	 teaching experience in the relevant subject area, to meet the needs of
	 students.
EFFECTIVE DATE: DECEMBER 31, 2017
REVISED DATE: SEPTEMBER 1,2018
Subject: Substitute Adult Education Teacher
	 Qualifications
POLICY:
Substitute Adult Education teachers
	 must hold a current Arkansas Department of Education teacher's license.
	 Employment of substitute teachers may not exceed ninety days per fiscal year
	 without written permission from the Deputy Director of Adult Education.
INFORMATION/RATIONALE:
In order for students
	 to be provided instruction by qualified personnel, the Arkansas Adult Education
	 Division requires that substitute teachers have the appropriate professional
	 teacher training and hold a current Arkansas Department of Education teaching
	 license.*
* state requirement
EFFECTIVE DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4, 2015
Subject; Travel Policy
POLICY:
Local programs funded with state or
	 federal adult education funds must adhere to Arkansas Department of Finance and
	 Administration guidelines when requesting travel reimbursement. This includes
	 reimbursement for mileage, lodging, meals, etc. Late registration fees for
	 conferences or workshops are not allowable.
INFORMATION/RATIONALE:
The travel policy for
	 state agencies is mandated by the Arkansas Department of Finance and
	 Administration, and the Adult Education Division has adopted these guidelines
	 for local grantees.
EFFECTIVE DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4,2015
Subject: Workplace Waivers for Adult Education
	 Teachers
POLICY:
The Adult Education Division
	 requirement that full-time, part-time, and substitute adult education teachers
	 hold a current teacher's license may be waived for adult education classes
	 taught at a business or industry, when such classes are asked to be created for
	 the employees of that business or industry. If the adult education program
	 director is unable to find a licensed teacher for such classes, he/she may
	 submit a written request for a workplace waiver for a non-licensed instructor
	 to teach the classes. The non-licensed instructor should have sufficient
	 qualifications and experience to teach the workplace classes successfully. The
	 classes should be conducted at the work site, but if there is no space at the
	 work site for such classes, then the classes may be held at an Adult Education
	 site. If the classes end, or if the instructor with the workplace waiver is
	 reassigned to another workplace class, the Adult Education Division should be
	 informed of any changes in the teaching assignment. Waivers will be issued only
	 for the current program year, and new waivers must be applied for each program
	 year.
INFORMATION/RATIONALE:
Since there is a
	 shortage of licensed teachers in the state, and because of logistical
	 difficulties finding licensed teachers to work in business and industry, the
	 Adult Education Division may issue waivers for non-licensed instructors to
	 teach workplace adult education classes requested by business and
	 industry.
EFFECTIVE DATE: APRIL 18, 2003
REVISED DATE: NOVEMBER 15, 2008
REVISED DATE: AUGUST 4,2015
Subject; High School Equivalency
	 Test
POLICY:
The Adult Education Division of the
	 Arkansas Department of Career Education with the approval of the Career
	 Education and Workforce Development Board will determine the high school
	 equivalency test and scores to be utilized in approved adult education
	 programs. Passing the approved high school equivalency test will result in
	 earning the Arkansas High School Diploma. In addition, all applicants intending
	 to take the approved high school equivalency test are required to take and pass
	 the official high school equivalency practice test with minimum scores
	 established by the Adult Education Division of the Arkansas Department of
	 Career Education and based on the recommendation of the test publisher's
	 guidelines. This test must be administered through an approved adult education
	 program or testing center.
INFORMATION/RATIONALE:
To ensure that Arkansas
	 Adult Education programs are uniform in testing, it is essential that Arkansas
	 Adult Education utilize the test that is considered most relevant based on
	 research and acceptance by employers, postsecondary educational institutions,
	 and the military.
EFFECTIVE DATE: DECEMBER 31, 2017
Subject: Student
	 Confidentiality
POLICY:
According to the Family Educational
	 Rights and Privacy Act (FERPA) of 1974, enacted as Section 438 of the General
	 Education Provisions Act, student information that is considered "private"
	 cannot be shared with anyone who is not designated on a release of confidential
	 information form that has been signed by the student. Examples of confidential
	 information disclosures include disabilities, recovering substance abuse
	 condition, AIDS/HIV, or other medical information. If the student discloses any
	 condition or disability that falls under the Privacy Act, the disclosed
	 information cannot be shared with anyone without a release of confidential
	 information form, including all appropriate signatures.
Adult education and literacy council providers are responsible for
	 keeping confidential student information secure. The personal confidentiality
	 statement should be completed and signed by all persons designated as having
	 access to student records for legitimate educational and/or reporting purposes.
	 Care must be taken to ensure that student data is safe from access by
	 unauthorized persons.
All confidential student data should be aggressively protected,
	 especially a student's social security number. The Department of Career
	 Education, Adult Education Division collects social security numbers to allow
	 for authorized use in data match with other state agencies. Students must give
	 permission for programs to use their information for data match.
INFORMATION/RATIONALE:
The purpose is to
	 follow the Family Educational Rights and Privacy Act (FERPA) policy and ensure
	 that learners' rights to confidentiality of personal information are protected
	 and that all staff and volunteers understand their respective roles in relation
	 to confidentiality and data protection.
EFFECTIVE DATE: DECEMBER 31,2017
Subject: Adult Education/Postsecondary Co-Enrollment
	 Policy
POLICY:
According to Adult Education Family
	 Literacy Act (AEFLA), individuals who are eligible to receive services include
	 those who:
* have attained 16 years of age;
* are not enrolled, or required to be enrolled, in secondary school
	 under State law; have basic skills deficiency;
* do not have secondary school diploma, or its recognized equivalent
	 and have not achieved an equivalent level of education; and/or, a
* are English Language Learners (ELL).
Under certain conditions, learners can participate or co-enroll in
	 adult education and technical education simultaneously or sequentially.
	 Co-enrollment in postsecondary education is allowable under the following
	 conditions:
1. Students who have a
high school credential and are enrolled in a postsecondary institution,
  but are receiving adult education services based on Test of Adult Basic
  Education (TABE) scores,
may not be enrolled in the same subject
  area(s) that duplicate ABE/ASE services. For example, an individual cannot be
  served in adult education if they are taking a general math or English
  composition at the postsecondary level because these subjects are taught as
  part of ABE/ASE or GED® preparation. Enrollment in both would be
  duplication of services. However, an individual who is being served in adult
  education program may be enrolled in a postsecondary Career and Technical
  Education (CTE), general education class such as history, study skills, or
  psychology because instruction in these classes would not duplicate the
  instructional services provided by the adult education program.
2. Students who do not have a
high
  school credential
may be enrolled in a postsecondary education course,
  according to the institution's eligibility and enrollment policy, in the same
  subject area(s) in which they qualified for adult education services (reading,
  math, and/or writing).
3. Students
  who are participating in a career pathways program such as Accelerating
  Opportunity, Integrated Education Training (IET), apprenticeships, or other
  vocational training program are allowed to co-enroll in adult education while
  being enrolled in a career technical education class. Career pathways programs
  must follow the guideline definition established by Section 3 (7) of the
  Workforce Innovation and Opportunity Act (WIOA) of 2014 ( Public Law
		  113-128 ).
INFORMATION/RATIONALE:
While co-enrollment in
	 adult education and postsecondary education is an allowable activity under the
	 Workforce Innovation and Opportunity Act of 2014, guidelines are established to
	 avoid duplication of services.
EFFECTIVE DATE: DECEMBER 31,
	 2017