PRINTER'S NO. 2238
No. 1560 Session of 2000
INTRODUCED BY DENT, MADIGAN, COSTA, TARTAGLIONE, KUKOVICH, BELL,
O'PAKE, EARLL, HART, LOEPER AND RHOADES, OCTOBER 11, 2000
REFERRED TO EDUCATION, OCTOBER 11, 2000
AN ACT
1 Amending the act of October 22, 1986 (P.L.1452, No.143),
2 entitled "An act expanding the available adult basic
3 education programs and the duties of the Department of
4 Education; making an appropriation; and making a partial
5 repeal," further providing for short title, for findings and
6 purpose, for definitions, for grant program, for limitations
7 on funding, for interagency coordinating council, for audits
8 and records and for monitoring and reporting.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 1, 2, 3, 4 and 4.1 of the act of October
12 22, 1986 (P.L.1452, No.143), known as the Pennsylvania Adult
13 Basic and Literacy Education Act, amended May 16, 1996 (P.L.227,
14 No.42), are amended to read:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Pennsylvania
17 Adult [Basic] and Family Literacy Education Act.
18 Section 2. Findings and purpose.
19 (a) Findings.--The General Assembly finds and declares:
20 (1) This Commonwealth has 1,500,000 adults over 18 years
21 of age who have not completed their high school education,
1 which places Pennsylvania fifth in the nation with the
2 greatest number of people without high school diplomas.
3 (2) This Commonwealth has 4,000,000 adults in need of
4 adult literacy services, based on the State Adult Literacy
5 Survey, demonstrating they lack the skills and knowledge
6 essential to cope with daily demands and without the
7 educational background to participate in occupational
8 training or employment.
9 (3) Less than 2% of these 4,000,000 adults participate
10 in adult [basic and] literacy education programs.
11 (4) In this Commonwealth, a system needs to exist to
12 coordinate the hundreds of existing adult [basic] and family
13 literacy education programs, State agencies funding programs
14 with adult [basic] and family literacy education components,
15 independent adult [basic] and family literacy data systems
16 for each funding stream and training, technical assistance
17 and information/research dissemination.
18 (5) If adult [basic] education needs are not more fully
19 met, the Commonwealth could be forced to increase its support
20 of these individuals through unemployment compensation,
21 welfare payments and correctional institutions. A general
22 decline of Statewide productivity may ensue. [Since the
23 parental educational level is the number one indicator of how
24 well children perform in school, intergenerational illiteracy
25 may result if parents have low literacy levels. Children may
26 not be ready for school.]
27 (6) Family literacy education is an opportunity for
28 undereducated adults and their children to increase the
29 child's readiness for school and chances for academic
30 success, the parent's involvement in the child's education
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1 and the parent's basic skills.
2 (b) Purpose.--It is the intent of this act to provide [for
3 the] coordination and [to] broaden the scope of educational
4 activities to [the] uneducated and undereducated adults in this
5 Commonwealth and their families, including those who speak other
6 languages, and to provide programs to those individuals who have
7 previously been unserved. By providing for the coordination of
8 funding streams and programs across State departments, increased
9 and improved services will be provided to adult learners and
10 their families. By encouraging and expanding the availability of
11 [basic] adult and family literacy education programs [to adults]
12 in this Commonwealth, [it is hoped] these adults and their
13 families will be able to function more effectively in their
14 personal lives and as citizens and be better prepared for work
15 force training and employment that they may become more
16 responsible and productive members of society.
17 Section 3. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Adult literacy education." An educational program designed
22 to provide basic skills training in mathematics, reading and
23 English, including English as a secondary language.
24 "Eligible adult." A person who meets the following criteria:
25 (1) Is at least 17 years of age.
26 (2) Is a resident of this Commonwealth.
27 (3) Is not currently enrolled in a public or private
28 secondary or postsecondary school.
29 ["Family literacy." An educational program designed to
30 provide literacy training for adults, educational services for
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1 children and activities for parents and children together, at
2 the same or at different sites.]
3 "Eligible parent." An eligible adult who has one or more
4 children ages birth through third grade. The term includes a
5 legal guardian, grandparent, stepparent, aunt, uncle, sibling or
6 other person with whom the child lives or who has been
7 designated by a parent, legal guardian or court to act in place
8 of the parent.
9 "Family literacy education." Services that are of sufficient
10 intensity and duration to make sustainable changes in a family
11 and that integrate all of the following:
12 (1) Interactive literacy activities between parents and
13 their children.
14 (2) Training of parents to be the primary teacher for
15 their children and full partner in the education of their
16 children.
17 (3) Parent literacy training that leads to economic
18 self-sufficiency.
19 (4) Age appropriate education to prepare children for
20 success in school.
21 "Literacy." An individual's ability to read, write and speak
22 English and to compute and solve problems at levels of
23 proficiency necessary to function on the job and in society in
24 order to achieve one's goals and to develop one's knowledge and
25 potential.
26 "Local education provider." An approved educational agency,
27 institution or organization making use of either professional or
28 voluntary personnel, which may be any of the following:
29 (1) School districts.
30 (2) Intermediate units.
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1 (3) Area vocational-technical schools.
2 (4) Community colleges.
3 (5) Literacy councils.
4 (6) Local libraries.
5 (7) Community-based organizations which are private,
6 nonprofit organizations and are representative of communities
7 or significant parts of communities and which provide adult
8 [basic] or family literacy education programs.
9 (8) Any other educational entity recognized by the
10 Secretary of Education for providing appropriate and
11 effective adult [basic] or family literacy education
12 [curriculum] programs.
13 "Support services." Those services necessary to enable
14 eligible adults and their families to participate in and benefit
15 from [an] adult or family literacy education [program] programs,
16 including transportation, child care, counseling and referral
17 services.
18 Section 4. Grant program.
19 (a) Establishment.--There is hereby established within the
20 Department of Education an adult and family literacy education
21 grant program. Adult and family literacy education providers may
22 apply to the Department of Education for grants to provide the
23 following services:
24 (1) Adult literacy education programs for eligible
25 adults, including salaries, wages, fringe benefits, books and
26 other instructional materials.
27 (1.1) Family literacy education programs for eligible
28 parents and their children.
29 (2) Training for volunteer adult literacy education
30 instructors.
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1 (3) Administration of adult and family literacy
2 education programs.
3 (4) Support services necessary to enable individuals to
4 participate in and benefit from the program.
5 (5) Outreach activities to enroll eligible adults and to
6 recruit volunteer tutors and instructors.
7 (b) Procedures, rules and forms.--The Secretary of Education
8 shall adopt such procedures, rules and forms as may be necessary
9 to implement this grant program. Applications shall be made to
10 the Department of Education in such form and at such time as the
11 Secretary of Education may prescribe. Funds received under this
12 program may be used in conjunction with funds received from any
13 other public or private source.
14 (c) Priorities for funding.--The Secretary of Education
15 shall consider, but not be limited to, the following factors
16 when evaluating proposals for adult and family literacy
17 education programs:
18 (1) Percentage of eligible adults expected to be
19 enrolled for instruction who are receiving either State or
20 Federal public assistance, or who are unemployed workers or
21 displaced homemakers.
22 (2) Percentage of eligible adults in any local area who
23 do not have certificates of graduation from a secondary
24 school and who are not currently enrolled in adult or family
25 literacy education programs.
26 (3) Percentage of eligible adults expected to be
27 enrolled who are members of minority groups.
28 (4) Percentage of eligible adults with less than a fifth
29 grade reading level to be served.
30 Section 4.1. Duty of Department of Education.
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1 The Department of Education shall provide client outreach and
2 referral activities that are coordinated with other adult
3 education and literacy programs, county assistance offices,
4 social service agencies, offices of employment security, [Job
5 Training Partnership Act] programs under the Workforce
6 Investment Act of 1998 (Public Law 105-220, 112 Stat. 936) and
7 other community groups or agencies that provide services and
8 assistance to persons in need of basic literacy skills.
9 Section 2. Section 5 of the act is amended to read:
10 Section 5. Limitations on funding.
11 (a) Sectarian activities.--No funds provided by this act
12 shall be used for programs, activities or services related to
13 sectarian instruction or religious worship.
14 (b) Institutionalized adults.--No more than 20% of the
15 annual appropriation shall be used to provide education to
16 institutionalized adults.
17 (c) Graduation equivalency programs.--No more than 20% of
18 the annual appropriation shall be used for programs of
19 equivalency for certificate of graduation from a secondary
20 school.
21 (d) Volunteer education instructors.--At least 20% of the
22 annual appropriation shall be used for training volunteer adult
23 literacy education instructors.
24 (d.1) Family literacy education.--At least 25% of the annual
25 appropriation shall be used for family literacy education
26 programs.
27 (e) Support services for adult literacy education
28 programs.--No more than 10% of any grant may be used for support
29 services for adult literacy education programs.
30 (f) Administrative costs.--No more than 10% of a grant may
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1 be used for administrative costs incurred by [the] an adult or
2 family literacy education provider.
3 Section 3. Sections 6, 8 and 9 of the act, added or amended
4 May 16, 1996 (P.L.227, No.42), are amended to read:
5 Section 6. Interagency Coordinating Council.
6 (a) Membership.--The Interagency Coordinating Council is
7 hereby established and shall be composed of, at a minimum, [21]
8 23 voting members but shall not exceed 35 voting members
9 appointed by the Governor, except for the four members of the
10 General Assembly who shall be appointed and replaced under the
11 provisions of subsection (b). The term of office of the voting
12 members shall be three years, except for the cabinet officers or
13 their designees, who shall serve as long as they are in office.
14 The membership of the Interagency Coordinating Council shall
15 consist of the following:
16 (1) The Secretary of [Commerce] Community and Economic
17 Development or a designee.
18 (2) The Secretary of Education or a designee.
19 (3) The Secretary of Labor and Industry or a designee.
20 (4) The Secretary of Public Welfare or a designee.
21 (4.1) The Secretary of Aging or a designee.
22 (4.2) The Physician General or a designee.
23 (5) Five providers of adult literacy services
24 representing school districts, intermediate units, area
25 vocational-technical schools, colleges, literacy councils,
26 local libraries and community-based organizations.
27 (6) Two representatives of the media, both print and
28 electronic.
29 (7) Three representatives of business, industry and
30 unions.
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1 (8) One representative of a local coalition.
2 (9) One representative of the Statewide adult education
3 professional association.
4 (10) Members at large, not to exceed four, chosen to
5 represent diverse interests, who have knowledge of or
6 experience with the establishment, funding or operation of
7 adult basic education programs, including a Statewide
8 association.
9 The designees of the cabinet officers must be deputy
10 secretaries, commissioners or bureau directors.
11 (b) Legislative members of the council.--There shall be four
12 members of the General Assembly appointed to the council. The
13 President pro tempore and the Minority Leader of the Senate
14 shall each appoint one member. The Speaker and the Minority
15 Leader of the House of Representatives shall each appoint one
16 member. A legislative member's term on the council shall be at
17 the discretion of the appointing leadership officer and
18 replacement shall be at the discretion of the appointing
19 leadership officer.
20 (c) Officers.--The chair of the council shall be appointed
21 by the Governor from among the members who are neither
22 Commonwealth employees nor elected officials. The offices of
23 vice chair, secretary and treasurer shall be elected by the
24 membership.
25 (d) Purpose.--The Interagency Coordinating Council is
26 established to provide a broad-based Commonwealth council to
27 advise in coordinating a Statewide system of adult [basic] and
28 family literacy education services and to develop communications
29 strategies to promote public awareness of literacy challenges
30 and solutions.
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1 Section 8. Audits and records.
2 The Department of Education may audit the records and
3 accounts of [an] adult and family literacy education [provider]
4 providers relating to a grant award pursuant to this act. [The
5 adult literacy education] Each provider shall make the records
6 and accounts available to the Department of Education upon its
7 request.
8 Section 9. Monitoring and reporting.
9 (a) Report by adult and family literacy education [provider]
10 providers.--Upon completion of the educational program funded,
11 wholly or in part, by a grant awarded under this act, each
12 [adult literacy education] provider shall report to the
13 Department of Education [the same information on the State-
14 funded program as is required to be reported by the Adult
15 Education Act (Public Law 89-750, 20 U.S.C. § 1201 et seq.) for
16 federally funded programs and] any [other] information that may
17 be requested by the Secretary of Education.
18 (b) Annual report.--The Secretary of Education shall provide
19 an annual report to the General Assembly, no later than January
20 1 of each year, which describes State-administered adult [basic]
21 and family literacy education [and literacy] activities for the
22 prior fiscal year. Departments with programs with adult [basic
23 and] and family literacy education components shall assist the
24 Department of Education in the development of the report. The
25 report shall address the responsibilities of State and local
26 agencies and shall describe measures taken to provide a
27 coordinated and comprehensive service delivery system.
28 Section 4. This act shall take effect immediately.
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