Arkansas Administrative Code
Agency 172 - Department of Career Education
Rule 172.00.03-001 - Adult Education Program Policies

Current through Register Vol. 49, No. 2, February 2024

Subject: Effective and Efficient Evaluation Calculations

POLICY: To be considered effective and efficient, local adult education programs and literacy councils receiving adult education funds will be required to meet or exceed 80% of their negotiated core indicators of performance as mandated and defined in the Workforce Investment Act of 1998. Programs not meeting 80% of their negotiated core indicators of performance 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.

Programs that do not meet at least 80% 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 Section describing the progress being made to bring the program into compliance with core indicators. Programs not achieving 80% of their negotiated core indicators of performance for three consecutive years will be submitted to the State Board of Workforce Education and Career Opportunities for appropriate action prior to continuation of funding.

INFORMATION/RATIONALE: The Workforce Investment Act of 1998 mandates that all local adult education programs negotiate core indicators of performance annually with the Adult Education Section. Annual calculations of the effective and efficient status of each local program are necessary to ensure that local programs are achieving the negotiated core indicators of performance.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

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 Section, must approve this agreement.

INFORMATIONAL/RATIONALE: Funding for local adult education programs is based on census data for a designated area or county and the funds provided 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.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Distribution of State Funds

POLICY: According to Arkansas Act 1509 of 2001, Section 32, all funds that become available for adult education shall first be distributed to those administrative units determined to be operating efficient and effective adult education programs, under criteria established by the State Board of Workforce Education and Career Opportunities, and shall be at the same level as expended by each unit in the base level year (hereafter referred to as base funding). The criteria shall include the relative efficiency of administration of the program in the counties served. 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. Except for special projects, 50% of the remaining monies shall be distributed based upon the literacy rate per county and 50% shall be distributed on the basis of the performance outcomes for the previous year, as established by the State Board of Workforce Education and Career Opportunities. Of the funds distributed based on literacy rate, no administrative unit shall receive funds for any county served above that county's literacy rate cap except for base funds received by efficient and effective units. Local administrative costs shall not exceed 10% of the total allocation. Unallocated funds will be redistributed based upon need as determined by the State Board of Workforce Education and Career Opportunities. Further, the State Board of Workforce Education and Career Opportunities shall give first consideration and priority in the distribution of monies set aside for special projects to counties receiving less funding by the formula.

INFORMATION/RATIONALE: Procedures set forth in Arkansas Act 1509 of 2001, govern distribution of all state adult education funds.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

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 according to Section 203 (C) (5) of the Workforce Investment Act of 1998.

INFORMATION/RATIONALE: In order to provide direct and equitable access to all adult education federal funds provided under the Workforce Investment Act of 1998, the Adult Education Section shall award funds on the basis of competitive applications submitted by eligible recipients. Direct and equitable access includes:

INFORMATION/RATIONALE: This Act allows persons age 16 or 17 who are enrolled in private, parochial, or home school to enroll in adult education programs after certain provisions have been met.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Standardized Testing Instruments

POLICY: The following state-approved standardized tests will be utilized for pre-test, post-test, and continued student assessment for adult education students: Test of Adult Basic Education (TABE, Form 7-8); Basic English Skills Test (BEST, Oral Interview and Literacy Skills Test); and Comprehensive Adult Student Assessment System (CASAS, Life Skills Assessment). Other standardized testing instruments may be used with the written approval of the Deputy Director of Adult Education. Different forms of the same test will be used for the pre-test and the post-test. Local programs will assess and place all students into an educational functioning level (EFL) at a uniform time shortly after enrollment. In order to check for EFL advancement, students will be post-tested at the discretion of the instructor, but no later than after 40 hours of instruction.

INFORMATION/RATIONALE: The Workforce Investment Act of 1998 establishes accountability requirements that states develop outcome-based performance standards for adult education programs. 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.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Reporting of Student Data

POLICY: Any person meeting the minimum age and educational functioning level restrictions contained in the Workforce Investment Act of 1998 and the state compulsory attendance age requirements (Arkansas Act 1659 of 2001) 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.

Enrolled Students: An individual is considered enrolled in adult education upon completion of 12 hours of contact. Contact hours may include: time in class receiving instruction; time in a learning lab, such as a computer lab; time spent with a program-sponsored tutor; and time on assessment activities, including initial assessment and follow-up tests, such as post-tests.

Served Students: An individual is considered served by adult education when the individual has registered to participate in adult education activities and has received at least one contact hour of instruction as defined above.

INFORMATION/RATIONALE: Accurate data must be accumulated and maintained by the Adult Education Section, 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. The relationship between student participation in instruction and/or assessment activities and the expenditure of funds must be documented in compliance with state and federal audit requirements.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Salaries for Adult Education Personnel

POLICY: All full-time adult education personnel employed on the local level shall be paid a salary equivalent to the LEA salary scale.

Pay for part-time instructors is to be determined by the LEA but will not exceed $25.00 per hour with adult education funds.

Pay for part-time paraprofessionals with adult education funds will not exceed the following:

Program directors will have the flexibility of setting beginning hourly wage and a system of increasing increments.

INFORMATION/RATIONALE: Since the Adult Education Section contracts with LEAs, it is essential that 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.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Full-Time and Part-Time Paraprofessional 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: In order for students to be provided instruction by certified personnel, paraprofessionals who do not have the qualifications of full-time or part-time teachers must not assume the role and responsibilities of a certified teacher.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

SUBJECT: Adult Education Director/Coordinator Qualifications

POLICY: All adult education directors/coordinators newly employed after April 18, 2003, and paid with adult education funds, 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 four years of the date of initial employment as an adult education administrator. It is preferable that the applicant has five years experience as a teacher and/or administrator.

Adult education directors/coordinators not paid with adult education funds must meet the local education agencies' personnel policies.

INFORMATION/RATIONALE: In order for adult education programs to be operated effectively, it is necessary that administrators have the necessary experience and credentials.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Full-Time Adult Education Teacher Qualifications

POLICY: Full-time Adult Education teachers must hold a current Arkansas Department of Education teacher's license in Elementary, Secondary, or Adult Education. If teachers do not already have a license in Adult Education, they must obtain an Adult Education additional license within four years of the date of their initial employment as full-time teachers.

INFORMATION/RATIONALE: In order for students to be provided instruction by qualified personnel, full-time teachers must have the appropriate professional teacher training and hold valid Arkansas Department of Education teaching licenses and credentials.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Part-Time Adult Education Teacher Qualifications

POLICY: Part-time Adult Education teachers must hold a current Arkansas Department of Education teacher's license in Elementary, Secondary, or Adult Education.

INFORMATION/RATIONALE: In order for students to be provided instruction by qualified personnel, part-time teachers must have the appropriate professional teacher training and hold a current Arkansas Department of Education teaching license.

Arkansas Department of Workforce Education, Adult Education Section Policy Manual

Subject: Serving Adults With Student or Tourist Visas

POLICY: Nonimmigrant adults who enter the United States on either a Student Visa (F-1) or a Visitor Visa (B-1 for Business, or B-2 for Pleasure) may not be allowed to enroll in adult education or literacy programs that receive public funds from either federal or state tax dollars.

INFORMATION/RATIONALE: According to Section 625 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, students with F-1 visas may not study in publicly supported educational institutions unless they can reimburse the program the full cost of the services. Since Arkansas adult education and literacy programs may not charge for services, students cannot reimburse the programs and, therefore, may not enroll. According to United States Visa Services, adults who enter the country on a visitor visa are not eligible to study in any educational program or institution.

SPECIAL PROVISION: If a person enters the United States on a visitor visa and if that person is the relative of someone who is a permanent resident in the local program's community, then that person may enroll in adult education and literacy classes for the limited time of the person's visitor visa if there is space available in the classes.

Subject: Administrator/Paraprofessional Positions for Community Based Organizations

POLICY: Community based organizations (CBOs) may hire personnel using federal funds according to the following guidelines based on performance from the previous year.

Note Community Based Organizations may not use adult education funds to pay an employee or volunteer to teach or tutor.

INFORMATION/RATIONALE: The Adult Education Section reached an agreement with the Arkansas Literacy Councils, Inc. to establish guidelines to provide administrative/paraprofessional assistance to CBOs. This policy is a reflection of that agreement.

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 Section has adopted these guidelines for local grantees.

Subject: Workplace Waivers for Adult Education Teachers

POLICY: The Adult Education Section requirement that full-time and part-time 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 Section 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 Section may issue waivers for non-licensed instructors to teach workplace adult education classes requested by business and industry.