 
                CHAPTER 73--ADULT EDUCATION AND LITERACY
 
            SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
 
              Part A--Adult Education and Literacy Programs
 
                       subpart 3--local provisions
 
Sec. 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, Sec. 231, Aug. 7, 1998, 112 Stat. 1070.)

                  Section Referred to in Other Sections

    This section is referred to in sections 9202, 9222, 9223, 9224, 9253 
of this title.
