HOUSE AMENDED
PRIOR PRINTER'S NOS. 1072, 1207 PRINTER'S NO. 1682
No. 975 Session of 1995
INTRODUCED BY RHOADES, SCHWARTZ, PETERSON, MOWERY, HART, HUGHES,
LAVALLE, O'PAKE, GREENLEAF, WAGNER, JONES, BODACK, HELFRICK,
PORTERFIELD, STAPLETON, SALVATORE, AFFLERBACH, WENGER,
KASUNIC, MADIGAN, HECKLER, TARTAGLIONE, MELLOW, TOMLINSON AND
DAWIDA, MAY 3, 1995
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 29, 1996
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 adult literacy and education;
6 establishing and empowering the Interagency Coordinating
7 Council; and providing for interagency agreements and
8 reports.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 1 and 2 of the act of October 22, 1986
12 (P.L.1452, No.143), known as the Adult Literacy Act, are amended
13 to read:
14 Section 1. Short title.
15 This act shall be known and may be cited as the [Adult
16 Literacy Act] Pennsylvania Adult Basic and Literacy Education
17 Act.
18 Section 2. Findings and purpose.
1 (a) Findings.--The General Assembly finds and declares:
2 (1) [The] This Commonwealth has [2,700,000 adults]
3 1,500,000 adults over 18 years of age who have not completed
4 their high school education, which places Pennsylvania
5 [fourth] fifth in the nation with the greatest number of
6 people without high school diplomas.
7 [(2) Less than 1% of these 2,700,000 adults participate
8 in adult basic education programs.
9 (3) Approximately 750,000 adult Pennsylvanians are
10 functionally illiterate, lacking skills and knowledge
11 essential to cope with daily demands and without the
12 educational background to participate in occupational
13 training or employment.
14 (4)] (2) This Commonwealth has 4,000,000 adults in need
15 of adult literacy services, based on the State Adult Literacy
16 Survey, demonstrating they lack the skills and knowledge
17 essential to cope with daily demands and without the
18 educational background to participate in occupational
19 training or employment.
20 (3) Less than 2% of these 4,000,000 adults participate
21 in adult basic and literacy education programs.
22 (4) In this Commonwealth, a system needs to exist to
23 coordinate the hundreds of existing adult basic and literacy
24 education programs, five State agencies funding the literacy
25 education programs, independent data systems for each funding
26 stream and training, technical assistance and
27 information/research dissemination.
28 (5) If adult basic education needs are not more fully
29 met, the Commonwealth could be forced to increase its support
30 of these individuals through unemployment compensation,
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1 welfare payments and correctional institutions. A general
2 decline of Statewide productivity may ensue. Since the
3 parental educational level is the number one indicator of how
4 well children perform in school, intergenerational illiteracy
5 may result if parents have low literacy levels. Children may
6 not be ready for school.
7 (b) Purpose.--It is the intent of this act to provide for
8 the coordination and to broaden the scope of educational
9 activities to the uneducated and undereducated adults in [the]
10 this Commonwealth, including those who speak other languages,
11 and to provide programs to those individuals who have previously
12 been unserved. By providing for the coordination of funding
13 streams and programs across State departments, increased and
14 improved services will be provided to adult learners.
15 Interagency agreements would be mandated among State agencies
16 funding literacy, education, training and employment services,
17 developing common measures and systems and allowing waivers from
18 State regulations to local providers of multiple education,
19 training and employment programs. By encouraging and expanding
20 the availability of basic education programs to adults in [the]
21 this Commonwealth, it is hoped these adults will be able to
22 function more effectively in their personal lives and as
23 citizens and be better prepared for occupational training [in
24 order] and employment that they may become more responsible and
25 productive members of society.
26 Section 2. Sections 3, 4 and 4.1 of the act, amended or
27 added May 31, 1990 (P.L.209, No.44), are amended to read:
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Adult literacy education." An educational program designed
3 to provide basic skills training in mathematics, reading and
4 English, including English as a secondary language.
5 ["Department." The Department of Education of the
6 Commonwealth.]
7 "Eligible adult." A person who meets the following criteria:
8 (1) Is at least [17] 16 years of age.
9 (2) Is a resident of this Commonwealth.
10 (3) Is not currently enrolled in a public or private
11 secondary or postsecondary school.
12 "Family literacy." An educational program designed to
13 provide literacy training for adults, educational services for
14 children and activities for parents and children together, at
15 the same or at different sites.
16 "Literacy." An individual's ability to read, write and speak
17 English and to compute and solve problems at levels of
18 proficiency necessary to function on the job and in society in
19 order to achieve one's goals and to develop one's knowledge and
20 potential.
21 "Local education provider." An approved educational agency,
22 institution or organization making use of either professional or
23 voluntary personnel, which may be any of the following:
24 (1) School districts.
25 (2) Intermediate units.
26 (3) Area vocational-technical schools.
27 (4) Community colleges.
28 (5) Literacy councils.
29 (6) Local libraries.
30 (7) Community-based organizations which are private,
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1 nonprofit organizations and are representative of communities
2 or significant parts of communities and which provide adult
3 basic education programs.
4 (8) Any other educational entity recognized by the
5 [secretary] Secretary of Education for providing appropriate
6 and effective adult basic education curriculum.
7 ["Secretary." The Secretary of Education of the
8 Commonwealth.]
9 "State interagency agreement." An agreement entered into by
10 the Department of Commerce, the Department of Community Affairs,
11 the Department of Education, the Department of Labor and
12 Industry, the Department of Public Welfare and any Commonwealth
13 agency for the purposes of this act.
14 "Support services." Those services necessary to enable
15 eligible adults to participate in and benefit from an adult
16 literacy education program, including transportation, child
17 care, counseling and referral services.
18 Section 4. Grant program.
19 (a) Establishment.--There is hereby established within the
20 [department] Department of Education an adult literacy education
21 grant program. Adult literacy education providers may apply to
22 the [department] Department of Education for grants to provide
23 the following services:
24 (1) Adult literacy education programs, including
25 salaries, wages, fringe benefits, books and other
26 instructional materials.
27 (2) Training for volunteer adult literacy education
28 instructors.
29 (3) Administration of adult literacy education programs.
30 (4) Support services necessary to enable individuals to
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1 participate in and benefit from the program.
2 (5) Outreach activities to enroll eligible adults and to
3 recruit volunteer tutors and instructors.
4 (b) Procedures, rules and forms.--The [secretary] Secretary
5 of Education shall adopt such procedures, rules and forms as may
6 be necessary to implement this grant program. Applications shall
7 be made to the [department] Department of Education in such form
8 and at such time as the [secretary] Secretary of Education may
9 prescribe. Funds received under this program may be used in
10 conjunction with funds received from any other public or private
11 source.
12 (c) Priorities for funding.--The [secretary] Secretary of
13 Education shall consider, but not be limited to, the following
14 factors when evaluating proposals for adult literacy education
15 programs:
16 (1) Percentage of eligible adults expected to be
17 enrolled for instruction who are receiving either State or
18 Federal public assistance, or who are unemployed workers or
19 displaced homemakers.
20 (2) Percentage of eligible adults in any local area who
21 do not have certificates of graduation from a secondary
22 school and who are not currently enrolled in adult literacy
23 education programs.
24 (3) Percentage of eligible adults expected to be
25 enrolled who are members of minority groups.
26 (4) Percentage of eligible adults with less than a fifth
27 grade reading level to be served.
28 Section 4.1. Duty of [department] Department of Education.
29 The [department] Department of Education shall provide client
30 outreach and referral activities that are coordinated with other
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1 adult education and literacy programs, county assistance
2 offices, social service agencies, offices of employment
3 security, Job Training Partnership Act programs and other
4 community groups or agencies that provide services and
5 assistance to persons in need of basic literacy skills.
6 Section 3. The act is amended by adding sections to read:
7 Section 6. Interagency Coordinating Council.
8 (a) Membership.--The Interagency Coordinating Council is
9 hereby established and shall be composed of, at a minimum, 30
10 voting members but shall not exceed 35 voting members appointed
11 by the Governor, EXCEPT FOR THE FOUR MEMBERS OF THE GENERAL <--
12 ASSEMBLY WHO SHALL BE APPOINTED AND REPLACED UNDER THE
13 PROVISIONS OF SUBSECTION (B). After the initial appointment, the
14 Governor shall appoint replacements from a list of
15 recommendations submitted by the membership. The term of office
16 of the voting members shall be three years, except for the
17 cabinet officers or their designees, who shall serve as long as
18 they are in office. The membership of the Interagency
19 Coordinating Council shall consist of the following:
20 (1) The Secretary of Commerce or a designee.
21 (2) The Secretary of Community Affairs or a designee.
22 (3) The Secretary of Education or a designee.
23 (4) The Secretary of Labor and Industry or a designee.
24 (5) The Secretary of Public Welfare or a designee.
25 (6) The Commissioner of Commonwealth Libraries or a
26 designee.
27 (7) Four members of the General Assembly. Two shall be <--
28 from the Senate, one from the majority party and one from the
29 minority party, and two shall be from the House of
30 Representatives, one from the majority party and one from the
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1 minority party.
2 (8) (7) Eight providers of adult literacy services <--
3 representing school districts, intermediate units, area
4 vocational-technical schools, colleges, literacy councils,
5 local libraries and community-based organizations.
6 (9) (8) Two representatives of the media, both print and <--
7 electronic.
8 (10) (9) Three representatives of business, industry and <--
9 unions.
10 (11) (10) One representative of a local coalition. <--
11 (12) (11) Two representatives of university researchers <--
12 in a related field.
13 (13) (12) One representative of the Statewide adult <--
14 education professional association.
15 (14) (13) Members at large, not to exceed eight, chosen <--
16 to represent diverse interests, who have knowledge of or
17 experience with the establishment, funding or operation of
18 adult basic education programs including a Statewide
19 association.
20 The designees of the cabinet officers must be deputy
21 secretaries, commissioners or bureau directors.
22 (B) LEGISLATIVE MEMBERS OF THE COUNCIL.--THERE SHALL BE FOUR <--
23 MEMBERS OF THE GENERAL ASSEMBLY APPOINTED TO THE COUNCIL. THE
24 PRESIDENT PRO TEMPORE AND THE MINORITY LEADER OF THE SENATE
25 SHALL EACH APPOINT ONE MEMBER. THE SPEAKER AND THE MINORITY
26 LEADER OF THE HOUSE OF REPRESENTATIVES SHALL EACH APPOINT ONE
27 MEMBER. A LEGISLATIVE MEMBER'S TERM ON THE COUNCIL SHALL BE AT
28 THE DISCRETION OF THE APPOINTING LEADERSHIP OFFICER AND
29 REPLACEMENT SHALL BE AT THE DISCRETION OF THE APPOINTING
30 LEADERSHIP OFFICER.
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1 (b) (C) Officers.--The chair of the council shall be <--
2 appointed by the Governor from among the members who are neither
3 Commonwealth employees nor elected officials. The offices of
4 vice chair, secretary and treasurer shall be elected by the
5 membership.
6 (c) (D) Purpose.--The Interagency Coordinating Council is <--
7 established to provide a broad-based Commonwealth council to
8 advise in coordinating a Statewide system of services and to
9 develop communications strategies to promote public awareness of
10 literacy challenges and solutions.
11 Section 7. Interagency agreement.
12 (a) Formation.--The Department of Commerce, the Department
13 of Community Affairs, the Department of Education, the
14 Department of Labor and Industry and the Department of Public
15 Welfare shall enter into and maintain a State interagency
16 agreement to enable State and local agencies providing adult
17 literacy services and/or family literacy services to establish
18 working relationships that will increase the efficiency and
19 effectiveness of their services. The agreement shall outline the
20 responsibilities of those State and local agencies and shall
21 implement a comprehensive, coordinated service delivery system.
22 The Department of Education shall be the lead agency in the
23 development of the agreement.
24 (b) Components.--The State interagency agreement shall
25 address, at a minimum, the following issues:
26 (1) Program responsibilities of State agencies.
27 (2) Common definitions.
28 (3) Compatible data collection.
29 (4) Compatible reporting formats.
30 (5) Fiscal responsibilities of the agencies.
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1 (6) Plans to work together to develop a system of
2 service coordination.
3 (7) Plans to facilitate and support local coalitions for
4 purposes of local community planning.
5 Section 4. Sections 6 and 7 of the act are amended to read:
6 Section [6] 8. Audits and records.
7 The [department] Department of Education may audit the
8 records and accounts of an adult literacy education provider
9 relating to a grant award pursuant to this act. The adult
10 literacy education provider shall make the records and accounts
11 available to the [department] Department of Education upon its
12 request.
13 Section [7] 9. Monitoring and reporting.
14 (a) Report by adult literacy education provider.--Upon
15 completion of the educational program funded, wholly or in part,
16 by a grant awarded under this act, each adult literacy education
17 provider shall report to the [department] Department of
18 Education the same information on the State-funded program as is
19 required to be reported by the Adult Education Act (Public Law
20 89-750, 20 U.S.C. § 1201 et seq.) for federally funded programs
21 and any other information that may be requested by the
22 [secretary] Secretary of Education.
23 (b) [Report by department.--The secretary] Annual reports.--
24 The Secretary of Education shall provide an annual report to the
25 General Assembly, no later than January 1 of each year, which
26 describes State-administered adult basic education activities
27 for the prior fiscal year. The Department of Commerce, the
28 Department of Community Affairs, the Department of Education,
29 the Department of Labor and Industry and the Department of
30 Public Welfare shall submit annual reports to the General
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1 Assembly, no later than January 1 of each year, which describe
2 the status of the State interagency agreement and adult basic
3 and literacy education services during the preceding fiscal
4 year.
5 Section 5. Sections 8 and 9 of the act are repealed.
6 Section 6. This act shall take effect immediately.
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