§ 9202. Definitions

In this subchapter:

(1) Adult education The term “adult education” means services or instruction below the postsecondary level for individuals—

(A) who have attained 16 years of age;

(B) who are not enrolled or required to be enrolled in secondary school under State law; and

(C) who—

(i) lack sufficient mastery of basic educational skills to enable the individuals to function effectively in society;

(ii) do not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; or

(iii) are unable to speak, read, or write the English language.

(2) Adult education and literacy activities

The term “adult education and literacy activities” means activities described in section 9241(b) of this title.

(3) Educational service agency

The term “educational service agency” means a regional public multiservice agency authorized by State statute to develop and manage a service or program, and to provide the service or program to a local educational agency.

(4) Eligible agency

The term “eligible agency” means the sole entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and literacy in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively.

(5) Eligible provider The term “eligible provider” means—

(A) a local educational agency;

(B) a community-based organization of demonstrated effectiveness;

(C) a volunteer literacy organization of demonstrated effectiveness;

(D) an institution of higher education;

(E) a public or private nonprofit agency;

(F) a library;

(G) a public housing authority;

(H) a nonprofit institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide literacy services to adults and families; and

(I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H).

(6) English literacy program

The term “English literacy program” means a program of instruction designed to help individuals of limited English proficiency achieve competence in the English language.

(7) Family literacy services The term “family literacy services” means services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:

(A) Interactive literacy activities between parents and their children.

(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.

(C) Parent literacy training that leads to economic self-sufficiency.

(D) An age-appropriate education to prepare children for success in school and life experiences.

(8) Governor

The term “Governor” means the chief executive officer of a State or outlying area.

(9) Individual with a disability

(A) In general

The term “individual with a disability” means an individual with any disability (as defined in section 12102 of title 42).

(B) Individuals with disabilities

The term “individuals with disabilities” means more than one individual with a disability.

(10) Individual of limited English proficiency The term “individual of limited English proficiency” means an adult or out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language, and—

(A) whose native language is a language other than English; or

(B) who lives in a family or community environment where a language other than English is the dominant language.

(11) Institution of higher education

The term “institution of higher education” has the meaning given the term in section 1001 of this title.

(12) Literacy

The term “literacy” means an individual’s ability to read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function on the job, in the family of the individual, and in society.

(13) Local educational agency

The term “local educational agency” has the meaning given the term in section 7801 of this title.

(14) Outlying area

The term “outlying area” has the meaning given the term in section 2801 of title 29.

(15) Postsecondary educational institution The term “postsecondary educational institution” means—

(A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree;

(B) a tribally controlled community college; or

(C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level.

(16) Secretary

The term “Secretary” means the Secretary of Education.

(17) State

The term “State” means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(18) Workplace literacy services

The term “workplace literacy services” means literacy services that are offered for the purpose of improving the productivity of the workforce through the improvement of literacy skills.

(Pub. L. 105–220, title II, § 203, Aug. 7, 1998, 112 Stat. 1060; Pub. L. 105–244, title I, § 102(d)(2), Oct. 7, 1998, 112 Stat. 1622; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 404(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416; Pub. L. 107–110, title X, § 1076(s), Jan. 8, 2002, 115 Stat. 2092.)

Amendments

Amendments

2002—Par. (13). Pub. L. 107–110 substituted “section 7801” for “section 8801”.

1998—Pub. L. 105–277 made technical amendment to reference in original act which appears in text as reference to this subchapter.

Par. (11). Pub. L. 105–244 substituted “section 1001” for “section 1141”.

Effective Date Of Amendment

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.