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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 124D

Section 124D.52

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124D.52 ADULT BASIC EDUCATION.
    Subdivision 1. Program requirements. (a) An adult basic education program is a day or
evening program offered by a district that is for people over 16 years of age who do not attend an
elementary or secondary school. The program offers academic instruction necessary to earn a
high school diploma or equivalency certificate.
(b) Notwithstanding any law to the contrary, a school board or the governing body of a
consortium offering an adult basic education program may adopt a sliding fee schedule based
on a family's income, but must waive the fee for participants who are under the age of 21 or
unable to pay. The fees charged must be designed to enable individuals of all socioeconomic
levels to participate in the program. A program may charge a security deposit to assure return of
materials, supplies, and equipment.
(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved program's
service delivery area. The memorandum of understanding must describe how the adult basic
education program and the workforce development centers will cooperate and coordinate services
to provide unduplicated, efficient, and effective services to clients.
(d) Adult basic education aid must be spent for adult basic education purposes as specified
in sections 124D.518 to 124D.531.
(e) A state-approved adult basic education program must count and submit student contact
hours for a program that offers high school credit toward an adult high school diploma according
to student eligibility requirements and competency demonstration requirements established by the
commissioner.
    Subd. 2. Program approval. (a) To receive aid under this section, a district, a consortium
of districts, the Department of Corrections, or a private nonprofit organization must submit an
application by June 1 describing the program, on a form provided by the department. The program
must be approved by the commissioner according to the following criteria:
(1) how the needs of different levels of learning will be met;
(2) for continuing programs, an evaluation of results;
(3) anticipated number and education level of participants;
(4) coordination with other resources and services;
(5) participation in a consortium, if any, and money available from other participants;
(6) management and program design;
(7) volunteer training and use of volunteers;
(8) staff development services;
(9) program sites and schedules;
(10) program expenditures that qualify for aid;
(11) program ability to provide data related to learner outcomes as required by law; and
(12) a copy of the memorandum of understanding described in subdivision 1 submitted
to the commissioner.
(b) Adult basic education programs may be approved under this subdivision for up to five
years. Five-year program approval must be granted to an applicant who has demonstrated the
capacity to:
(1) offer comprehensive learning opportunities and support service choices appropriate for
and accessible to adults at all basic skill need levels;
(2) provide a participatory and experiential learning approach based on the strengths,
interests, and needs of each adult, that enables adults with basic skill needs to:
(i) identify, plan for, and evaluate their own progress toward achieving their defined
educational and occupational goals;
(ii) master the basic academic reading, writing, and computational skills, as well as the
problem-solving, decision making, interpersonal effectiveness, and other life and learning skills
they need to function effectively in a changing society;
(iii) locate and be able to use the health, governmental, and social services and resources
they need to improve their own and their families' lives; and
(iv) continue their education, if they desire, to at least the level of secondary school
completion, with the ability to secure and benefit from continuing education that will enable them
to become more employable, productive, and responsible citizens;
(3) plan, coordinate, and develop cooperative agreements with community resources to
address the needs that the adults have for support services, such as transportation, flexible course
scheduling, convenient class locations, and child care;
(4) collaborate with business, industry, labor unions, and employment-training agencies, as
well as with family and occupational education providers, to arrange for resources and services
through which adults can attain economic self-sufficiency;
(5) provide sensitive and well trained adult education personnel who participate in local,
regional, and statewide adult basic education staff development events to master effective adult
learning and teaching techniques;
(6) participate in regional adult basic education peer program reviews and evaluations;
(7) submit accurate and timely performance and fiscal reports;
(8) submit accurate and timely reports related to program outcomes and learner follow-up
information; and
(9) spend adult basic education aid on adult basic education purposes only, which are
specified in sections 124D.518 to 124D.531.
(c) The commissioner shall require each district to provide notification by February 1, 2001,
of its intent to apply for funds under this section as a single district or as part of an identified
consortium of districts. A district receiving funds under this section must notify the commissioner
by February 1 of its intent to change its application status for applications due the following June 1.
    Subd. 3. Accounts; revenue; aid. (a) Each district, group of districts, or private nonprofit
organization providing adult basic education programs must establish and maintain a reserve
account within the community service fund for the receipt and disbursement of all funds related
to these programs. All revenue received pursuant to this section must be utilized solely for the
purposes of adult basic education programs. State aid must not equal more than 100 percent of the
unreimbursed expenses of providing these programs, excluding in-kind costs.
(b) For purposes of paragraph (a), an adult basic education program may include as valid
expenditures for the previous fiscal year program spending that occurs from July 1 to September
30 of the following year. A program may carry over a maximum of 20 percent of its adult basic
education aid revenue into the next fiscal year. Program spending may only be counted for one
fiscal year.
(c) Notwithstanding section 123A.26 or any other law to the contrary, an adult basic
education consortium providing an approved adult basic education program may be its own fiscal
agent and is eligible to receive state-aid payments directly from the commissioner.
    Subd. 4. English as a second language programs. Persons may teach English as a second
language classes conducted at a worksite, if they meet the requirements of section 122A.19,
subdivision 1
, clause (a), regardless of whether they are licensed teachers. Persons teaching
English as a second language for an approved adult basic education program must possess a
bachelor's or master's degree in English as a second language, applied linguistics, or bilingual
education, or a related degree as approved by the commissioner.
    Subd. 5. Basic service level. A district, or a consortium of districts, with a program approved
by the commissioner under subdivision 2 must establish, in consultation with the commissioner, a
basic level of service for every adult basic education site in the district or consortium. The basic
service level must describe minimum levels of academic instruction and support services to be
provided at each site. The program must set a basic service level that promotes effective learning
and student achievement with measurable results. Each district or consortium of districts must
submit its basic service level to the commissioner for approval.
    Subd. 6. Cooperative English as a second language and adult basic education programs.
(a) A school district, or adult basic education consortium that receives revenue under section
124D.531, may deliver English as a second language, citizenship, or other adult education
programming in collaboration with community-based and nonprofit organizations located within
its district or region, and with correctional institutions. The organization or correctional institution
must have the demonstrated capacity to offer education programs for adults. Community-based
or nonprofit organizations must meet the criteria in paragraph (b), or have prior experience. A
community-based or nonprofit organization or a correctional institution may be reimbursed for
unreimbursed expenses as defined in section 124D.518, subdivision 5, for the administration of
English as a second language or adult basic education programs, not to exceed eight percent of the
total funds provided by a school district or adult basic education consortium. The administrative
reimbursement for a school district or adult basic education consortium that delivers services
cooperatively with a community-based or nonprofit organization or correctional institution
is limited to five percent of the program aid, not to exceed the unreimbursed expenses of
administering programs delivered by community-based or nonprofit organizations or correctional
institutions.
(b) A community-based organization or nonprofit organization that delivers education
services under this section must demonstrate that it has met the following criteria:
(1) be legally established as a nonprofit organization;
(2) have an established system for fiscal accounting and reporting that is consistent with the
Department of Education's adult basic education completion report and reporting requirements
under section 124D.531;
(3) require all instructional staff to complete a training course in teaching adult learners; and
(4) develop a learning plan for each student that identifies defined educational and
occupational goals with measures to evaluate progress.
    Subd. 7. Performance tracking system. (a) By July 1, 2000, each approved adult basic
education program must develop and implement a performance tracking system to provide
information necessary to comply with federal law and serve as one means of assessing the
effectiveness of adult basic education programs. The tracking system must be designed to collect
data on the following core outcomes for learners who have completed participation in the adult
basic education program:
(1) demonstrated improvements in literacy skill levels in reading, writing, speaking the
English language, numeracy, problem solving, English language acquisition, and other literacy
skills;
(2) placement in, retention in, or completion of postsecondary education, training,
unsubsidized employment, or career advancement; and
(3) receipt of a secondary school diploma or its recognized equivalent.
(b) A district, group of districts, state agency, or private nonprofit organization providing an
adult basic education program may meet this requirement by developing a tracking system based
on either or both of the following methodologies:
(1) conducting a reliable follow-up survey; or
(2) submitting student information, including Social Security numbers for data matching.
Data related to obtaining employment must be collected in the first quarter following
program completion or can be collected while the student is enrolled, if known. Data related to
employment retention must be collected in the third quarter following program exit. Data related
to any other specified outcome may be collected at any time during a program year.
(c) When a student in a program is requested to provide the student's Social Security number,
the student must be notified in a written form easily understandable to the student that:
(1) providing the Social Security number is optional and no adverse action may be taken
against the student if the student chooses not to provide the Social Security number;
(2) the request is made under section 124D.52, subdivision 7;
(3) if the student provides the Social Security number, it will be used to assess the
effectiveness of the program by tracking the student's subsequent career; and
(4) the Social Security number will be shared with the Department of Education; Minnesota
State Colleges and Universities; and the Department of Employment and Economic Development
in order to accomplish the purposes of this section and will not be used for any other purpose or
reported to any other governmental entities.
(d) Annually a district, group of districts, state agency, or private nonprofit organization
providing programs under this section must forward the tracking data collected to the Department
of Education. For the purposes of longitudinal studies on the employment status of former
students under this section, the Department of Education must forward the Social Security
numbers to the Department of Employment and Economic Development to electronically match
the Social Security numbers of former students with wage detail reports filed under section
268.044. The results of data matches must, for purposes of this section and consistent with the
requirements of the United States Code, title 29, section 2871, of the Workforce Investment Act
of 1998, be compiled in a longitudinal form by the Department of Employment and Economic
Development and released to the Department of Education in the form of summary data that does
not identify the individual students. The Department of Education may release this summary data.
State funding for adult basic education programs must not be based on the number or percentage
of students who decline to provide their Social Security numbers or on whether the program is
evaluated by means of a follow-up survey instead of data matching.
History: Ex1959 c 71 art 5 s 26; 1969 c 864 s 1; 1971 c 827 s 1; 1975 c 432 s 42; 1976 c
271 s 50; 1977 c 447 art 4 s 2,3; 1981 c 358 art 4 s 1-4; 1982 c 548 art 6 s 14,15; 1983 c 314 art
4 s 1; 1Sp1985 c 12 art 4 s 3; 1987 c 398 art 4 s 8-10; 1988 c 718 art 7 s 31; 1989 c 329 art 4 s
7-9; 1Sp1989 c 1 art 2 s 11; 1990 c 562 art 10 s 2; 1991 c 265 art 4 s 8,9; 1993 c 224 art 4 s 19;
art 12 s 19; 1994 c 647 art 4 s 16-18; 1997 c 162 art 2 s 16; 1Sp1997 c 4 art 6 s 11; 1998 c 397
art 3 s 69,70,103; 1999 c 205 art 4 s 3,4; 2000 c 489 art 1 s 11-15; 1Sp2001 c 3 art 3 s 2; 2003 c
130 s 12; 1Sp2003 c 9 art 9 s 1,2; 2004 c 206 s 52; 1Sp2005 c 5 art 9 s 1; 2006 c 282 art 2 s 11