Session #2: Local Board Review of AEFLA Applications Cheryl Keenan Office of Career, technical and adult education

Presentation Objectives Review of ASDM information on requirements Review new information from Program Memorandum OCTAE 17-1 Provide information on extensions of competition dates and associated assurances

Review Making Awards

Review: Making Awards Must award competitive multiyear grants or contracts to eligible providers…to enable eligible providers to develop, implement, and improve adult education and literacy activities In conducting the competitive grant program, the eligible agency must ensure: All eligible providers have direct and equitable access to apply and compete for grants or contracts Same grant/contract announcement and application processes are used for all eligible providers

Review: Making Awards (cont.) Eligible agency must require that eligible provider receiving a grant/contract use the funding to establish or operate programs that provide adult education and literacy activities, including programs that provide such activities concurrently (section 463.20(b))

Review: Making Awards (cont.) In awarding grants/contracts…..the eligible agency must consider 463.20(d) (1) though (13): Revises the 12 factors under WIA Adds one additional factor for consideration The extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan (section 463.20(d)(4))

WHAT PROCESSES MUST BE IN PLACE TO DETERMINE THE EXTENT TO WHICH A LOCAL APPLICATION FOR GRANTS OR CONTRACTS TO PROVIDE ADULT EDUCATION AND LITERACY SERVICES ARE ALIGNED WITH A LOCAL PLAN UNDER SECTION 108? SECTION 463.21

Review: Purpose of Rule Purpose is to establish uniform procedures within the State for a local board to review an application and to ensure that the eligible agency considers the review in its award of grants/contracts for adult education and literacy activities; and Provide flexibility to States in meeting the requirement

Review: Eligible Agency Must Establish within its grant/contract competition a process that provides for the submission of all applications for funds under AEFLA to appropriate local boards (section 463.21(a))

Review: The Process Must Address Submission of the applications to the appropriate local board for its review for consistency with the local plan within the appropriate timeframe. An opportunity for the local board to make recommendations to the eligible agency to promote alignment with the local plan. The eligible agency must consider the results of the review in the local board in determining the extent to which the application addresses the required considerations in section 463.20.

Preamble Discussion “The final regulations ensure all applications within a State are treated the same in the local [board] review. The Act explicitly requires local [boards] to review applications, and the Department is unable to include in the regulations any alternative review process that eliminates this requirement.”

Preamble Discussion “An additional requirement for the local or State board to review preliminary funding decisions by the eligible agency would diminish the authority of the eligible agency provided in statute. The eligible agency (EA), however, has the flexibility to determine its application review process consistent with Title II requirements, including how grant/contract applications are reviewed and providing safeguard measures to facilitate objective review and avoid conflict of interest.”

Preamble Discussion “The Department believes that only appointed board members who do not have a conflict of interest as defined in section 107(h) of WIOA are allowed to participate in the review of an eligible provider application. The rule does not preclude the local board from offering training to board members by adult education experts prior to participating in the review process….”

Program Memorandum OCTAE 17-1 Clarification Regarding Competition and Award of AEFLA Funds to Eligible Providers under WIOA

Program Memo Further Clarifies Issued October 18, 2016 Process for local board review of local applications Request for a delay to conduct the local provider competition http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/octae-program-memo-17-1.pdf

Process for Review Must Reflect AEFLA Requirements All eligible providers must have direct and equitable access to apply and compete Board must review applications submitted to eligible agency by eligible providers Board must make recommendations to eligible agency to promote alignment Eligible agency must consider the results of the review against the required consideration

Department Encourages Submission of applications directly to eligible agency Eligible agency would be responsible for submitting to local boards Approach assists in efficient application process in terms of submission, implementing board review and receiving recommendations to improve alignment with local plan

Eligible Agency Review of Local AEFLA Applications

Single State Areas Approved Unified or Combined State Plan is the basis of review for AEFLA applications in single State areas State Workforce Board is responsible for carrying out the requirement to review AEFLA applications for alignment with the plan

Request to Delay Program Memo 15- 6 sets forth required conditions be in place prior to AEFLA awards Recognizes some States may not meet these conditions in time for a July 1, 2017 award Provides information on how to request an extension

Approval of Request to Extend Subgrants Extending Subgrants

Extending Subgrants: State Assurances State will fully implement performance requirements and AEL activities, including – Required local activities Academic programs for corrections and other institutionalized adults Integrated English literacy and civics education Performance accountability requirements

Questions and Discussion