                CHAPTER 73--ADULT EDUCATION AND LITERACY
 
            SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
 
Sec. 9202. Definitions

    In this subchapter:

                         (1) Adult education

        The term ``adult education'' means services or instruction below 
    the postsecondary level for individuals--
            (A) who have attained 16 years of age;
            (B) who are not enrolled or required to be enrolled in 
        secondary school under State law; and
            (C) who--
                (i) lack sufficient mastery of basic educational skills 
            to enable the individuals to function effectively in 
            society;
                (ii) do not have a secondary school diploma or its 
            recognized equivalent, and have not achieved an equivalent 
            level of education; or
                (iii) are unable to speak, read, or write the English 
            language.

             (2) Adult education and literacy activities

        The term ``adult education and literacy activities'' means 
    activities described in section 9241(b) of this title.

                   (3) Educational service agency

        The term ``educational service agency'' means a regional public 
    multiservice agency authorized by State statute to develop and 
    manage a service or program, and to provide the service or program 
    to a local educational agency.

                         (4) Eligible agency

        The term ``eligible agency'' means the sole entity or agency in 
    a State or an outlying area responsible for administering or 
    supervising policy for adult education and literacy in the State or 
    outlying area, respectively, consistent with the law of the State or 
    outlying area, respectively.

                        (5) Eligible provider

        The term ``eligible provider'' means--
            (A) a local educational agency;
            (B) a community-based organization of demonstrated 
        effectiveness;
            (C) a volunteer literacy organization of demonstrated 
        effectiveness;
            (D) an institution of higher education;
            (E) a public or private nonprofit agency;
            (F) a library;
            (G) a public housing authority;
            (H) a nonprofit institution that is not described in any of 
        subparagraphs (A) through (G) and has the ability to provide 
        literacy services to adults and families; and
            (I) a consortium of the agencies, organizations, 
        institutions, libraries, or authorities described in any of 
        subparagraphs (A) through (H).

                    (6) English literacy program

        The term ``English literacy program'' means a program of 
    instruction designed to help individuals of limited English 
    proficiency achieve competence in the English language.

                    (7) Family literacy services

        The term ``family literacy services'' means services that are of 
    sufficient intensity in terms of hours, and of sufficient duration, 
    to make sustainable changes in a family, and that integrate all of 
    the following activities:
            (A) Interactive literacy activities between parents and 
        their children.
            (B) Training for parents regarding how to be the primary 
        teacher for their children and full partners in the education of 
        their children.
            (C) Parent literacy training that leads to economic self-
        sufficiency.
            (D) An age-appropriate education to prepare children for 
        success in school and life experiences.

                            (8) Governor

        The term ``Governor'' means the chief executive officer of a 
    State or outlying area.

                  (9) Individual with a disability

        (A) In general

            The term ``individual with a disability'' means an 
        individual with any disability (as defined in section 12102 of 
        title 42).

        (B) Individuals with disabilities

            The term ``individuals with disabilities'' means more than 
        one individual with a disability.

           (10) Individual of limited English proficiency

        The term ``individual of limited English proficiency'' means an 
    adult or out-of-school youth who has limited ability in speaking, 
    reading, writing, or understanding the English language, and--
            (A) whose native language is a language other than English; 
        or
            (B) who lives in a family or community environment where a 
        language other than English is the dominant language.

                (11) Institution of higher education

        The term ``institution of higher education'' has the meaning 
    given the term in section 1001 of this title.

                            (12) Literacy

        The term ``literacy'' means an individual's ability to read, 
    write, and speak in English, compute, and solve problems, at levels 
    of proficiency necessary to function on the job, in the family of 
    the individual, and in society.

                    (13) Local educational agency

        The term ``local educational agency'' has the meaning given the 
    term in section 8801 of this title.

                         (14) Outlying area

        The term ``outlying area'' has the meaning given the term in 
    section 2801 of title 29.

             (15) Postsecondary educational institution

        The term ``postsecondary educational institution'' means--
            (A) an institution of higher education that provides not 
        less than a 2-year program of instruction that is acceptable for 
        credit toward a bachelor's degree;
            (B) a tribally controlled community college; or
            (C) a nonprofit educational institution offering certificate 
        or apprenticeship programs at the postsecondary level.

                           (16) Secretary

        The term ``Secretary'' means the Secretary of Education.

                             (17) State

        The term ``State'' means each of the several States of the 
    United States, the District of Columbia, and the Commonwealth of 
    Puerto Rico.

                  (18) Workplace literacy services

        The term ``workplace literacy services'' means literacy services 
    that are offered for the purpose of improving the productivity of 
    the workforce through the improvement of literacy skills.

(Pub. L. 105-220, title II, Sec. 203, Aug. 7, 1998, 112 Stat. 1060; Pub. 
L. 105-244, title I, Sec. 102(d)(2), Oct. 7, 1998, 112 Stat. 1622; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 404(a)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-416.)


                               Amendments

    1998--Pub. L. 105-277 made technical amendment to reference in 
original act which appears in text as reference to this subchapter.
    Par. (11). Pub. L. 105-244 substituted ``section 1001'' for 
``section 1141''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6813, 7881, 9241, 9273 of 
this title; title 29 section 2801.
