Section 388.1707 - [Effective Until 10/1/2024] Adult education programs; eligibility requirements; calculation of payments; definitions(1) From the state school aid fund appropriation in section 11, there is allocated an amount not to exceed $40,000,000.00 for 2023-2024 for adult education programs authorized under this section. Except as otherwise provided under subsections (14) and (15), funds allocated under this section are restricted for adult education programs as authorized under this section only. A recipient of funds under this section shall not use those funds for any other purpose.(2) To be eligible for funding under this section, an eligible adult education provider shall employ certificated teachers and qualified administrative staff and shall offer continuing education opportunities for teachers to allow them to maintain certification.(3) To be eligible to be a participant funded under this section, an individual must be enrolled in an adult basic education program, an adult secondary education program, an adult English as a second language program, a high school equivalency test preparation program, or a high school completion program, that meets the requirements of this section, and for which instruction is provided, and the individual must be at least 18 years of age by July 1 of the program year and the individual's graduating class must have graduated.(4) By April 1 of each fiscal year for which funding is allocated under this section, the intermediate districts within a prosperity region or subregion shall determine which intermediate district will serve as the prosperity region's or subregion's fiscal agent for the next fiscal year and shall notify the department in a form and manner determined by the department. The department shall approve or disapprove of the prosperity region's or subregion's selected fiscal agent. From the funds allocated under subsection (1), an amount as determined under this subsection is allocated to each intermediate district serving as a fiscal agent for adult education programs in each of the prosperity regions or subregions identified by the department. An intermediate district shall not use more than 5% of the funds allocated under this subsection for administration costs for serving as the fiscal agent. The allocation provided to each intermediate district serving as a fiscal agent must be calculated as follows: (a) Sixty percent of this portion of the funding must be distributed based upon the proportion of the state population of individuals between the ages of 18 and 24 that are not high school graduates that resides in each of the prosperity regions or subregions located within the intermediate district, as reported by the most recent 5-year estimates from the American Community Survey (ACS) from the United States Census Bureau.(b) Thirty-five percent of this portion of the funding must be distributed based upon the proportion of the state population of individuals age 25 or older who are not high school graduates that resides in each of the prosperity regions or subregions located within the intermediate district, as reported by the most recent 5-year estimates from the ACS from the United States Census Bureau.(c) Five percent of this portion of the funding must be distributed based upon the proportion of the state population of individuals age 18 or older who lack basic English language proficiency that resides in each of the prosperity regions or subregions located within the intermediate district, as reported by the most recent 5-year estimates from the ACS from the United States Census Bureau.(5) To be an eligible fiscal agent, an intermediate district must agree to do the following in a form and manner determined by the department:(a) Distribute funds to adult education programs in a prosperity region or subregion as described in this section.(b) Collaborate with the career and educational advisory council, which is an advisory council of the workforce development boards located in the prosperity region or subregion, or its successor, to develop a regional strategy that aligns adult education programs and services into an efficient and effective delivery system for adult education learners, with special consideration for providing contextualized learning and career pathways and addressing barriers to education and employment.(c) Collaborate with the career and educational advisory council, which is an advisory council of the workforce development boards located in the prosperity region or subregion, or its successor, to create a local process and criteria that will identify eligible adult education providers to receive funds allocated under this section based on location, demand for services, past performance, quality indicators as identified by the department, and cost to provide instructional services. The fiscal agent shall determine all local processes, criteria, and provider determinations. However, the local processes, criteria, and provider services must be approved by the department before funds may be distributed to the fiscal agent.(d) Provide oversight to its adult education providers throughout the program year to ensure compliance with the requirements of this section.(e) Report adult education program and participant data and information as prescribed by the department.(6) An adult basic education program, an adult secondary education program, or an adult English as a second language program operated on a year-round or school year basis may be funded under this section, subject to all of the following:(a) The program enrolls adults who are determined by a department-approved assessment, in a form and manner prescribed by the department, to be below twelfth grade level in reading or mathematics, or both, or to lack basic English proficiency.(b) The program tests individuals for eligibility under subdivision (a) before enrollment and upon completion of the program in compliance with the state-approved assessment policy.(c) A participant in an adult basic education program is eligible for reimbursement until 1 of the following occurs: (i) The participant's reading and mathematics proficiency are assessed at or above the ninth grade level.(ii) The participant fails to show progress on 2 successive assessments after having completed at least 450 hours of instruction.(d) A participant in an adult secondary education program is eligible for reimbursement until 1 of the following occurs: (i) The participant's reading and mathematics proficiency are assessed above the twelfth grade level.(ii) The participant fails to show progress on 2 successive assessments after having at least 450 hours of instruction.(e) A funding recipient enrolling a participant in an English as a second language program is eligible for funding according to subsection (9) until the participant meets 1 of the following:(i) The participant is assessed as having attained basic English proficiency as determined by a department-approved assessment.(ii) The participant fails to show progress on 2 successive department-approved assessments after having completed at least 450 hours of instruction. The department shall provide information to a funding recipient regarding appropriate assessment instruments for this program.(7) A high school equivalency test preparation program operated on a year-round or school year basis may be funded under this section, subject to all of the following:(a) The program enrolls adults who do not have a high school diploma or a high school equivalency certificate.(b) The program administers a pre-test approved by the department before enrolling an individual to determine the individual's literacy levels, administers a high school equivalency practice test to determine the individual's potential for success on the high school equivalency test, and administers a post-test upon completion of the program in compliance with the state-approved assessment policy.(c) A funding recipient receives funding according to subsection (9) for a participant, and a participant may be enrolled in the program until 1 of the following occurs: (i) The participant achieves a high school equivalency certificate.(ii) The participant fails to show progress on 2 successive department-approved assessments used to determine readiness to take a high school equivalency test after having completed at least 450 hours of instruction.(8) A high school completion program operated on a year-round or school year basis may be funded under this section, subject to all of the following:(a) The program enrolls adults who do not have a high school diploma.(b) The program tests participants described in subdivision (a) before enrollment and upon completion of the program in compliance with the state-approved assessment policy.(c) A funding recipient receives funding according to subsection (9) for a participant in a course offered under this subsection until 1 of the following occurs: (i) The participant passes the course and earns a high school diploma.(ii) The participant fails to earn credit in 2 successive semesters or terms in which the participant is enrolled after having completed at least 900 hours of instruction.(9) The department shall make payments to a funding recipient under this section in accordance with all of the following: (a) Statewide allocation criteria, including 3-year average enrollments, census data, and local needs.(b) Participant completion of the adult basic education objectives by achieving an educational gain as determined by the national reporting system levels; for achieving basic English proficiency, as determined by the department; for achieving a high school equivalency certificate or passage of 1 or more individual high school equivalency tests; for attainment of a high school diploma or passage of a course required for a participant to attain a high school diploma; for enrollment in a postsecondary institution; or for entry into or retention of employment, as applicable.(c) Participant completion of core indicators as identified in the workforce innovation and opportunity act, Public Law 113-128.(d) Allowable expenditures.(10) An individual who is not eligible to be a participant funded under this section may receive adult education services upon the payment of tuition. In addition, an individual who is not eligible to be served in a program under this section due to the program limitations specified in subsection (6), (7), or (8) may continue to receive adult education services in that program upon the payment of tuition. The local or intermediate district conducting the program shall determine the tuition amount.(11) An individual who is an inmate in a state correctional facility is not counted as a participant under this section.(12) A funding recipient shall not commingle money received under this section or from another source for adult education purposes with any other funds and shall establish a separate ledger account for funds received under this section. This subsection does not prohibit a district from using general funds of the district to support an adult education or community education program.(13) A funding recipient receiving funds under this section may establish a sliding scale of tuition rates based upon a participant's family income. A funding recipient may charge a participant tuition to receive adult education services under this section from that sliding scale of tuition rates on a uniform basis. The amount of tuition charged per participant must not exceed the actual operating cost per participant minus any funds received under this section per participant. A funding recipient may not charge a participant tuition under this section if the participant's income is at or below 200% of the federal poverty guidelines published by the United States Department of Health and Human Services.(14) In order to receive funds under this section, a funding recipient shall furnish to the department, in a form and manner determined by the department, all information needed to administer this program and meet federal reporting requirements; shall allow the department or the department's designee to review all records related to the program for which it receives funds; and shall reimburse the state for all disallowances found in the review, as determined by the department. In addition, a funding recipient shall agree to pay to a career and technical education program under section 61a the amount of funding received under this section in the proportion of career and technical education coursework used to satisfy adult basic education programming, as billed to the funding recipient by programs operating under section 61a. In addition to the funding allocated under subsection (1), there is allocated for 2023-2024 an amount not to exceed $500,000.00 to reimburse funding recipients for administrative and instructional expenses associated with commingling programming under this section and section 61a. The department shall make payments under this subsection to each funding recipient in the same proportion as funding calculated and allocated under subsection (4).(15) From the amount appropriated in subsection (1), an amount not to exceed $4,000,000.00 is allocated for 2023-2024 for grants to adult education or state-approved career technical center programs that connect adult education participants with employers as provided under this subsection. The department shall determine the amount of the grant to each program under this subsection, not to exceed $350,000.00. To be eligible for funding under this subsection, a program must provide a collaboration linking adult education programs within the county, the area career technical center, and local employers. To receive funding under this subsection, an eligible program must satisfy all of the following: (a) Connect adult education participants directly with employers by linking adult education, career and technical skills, and workforce development.(b) Require adult education staff to work with Michigan Works! agency to identify a cohort of participants who are most prepared to successfully enter the workforce. Except as otherwise provided under this subdivision, participants identified under this subsection must be dually enrolled in adult education programming and in at least 1 state-approved technical course at the area career and technical center. A program that links participants identified under this subsection with adult education programming and commercial driver license courses does not need to enroll the participants in at least 1 state-approved technical course at the area career and technical center to be considered an eligible program under this subsection.(c) Employ an individual staffed as an adult education navigator who will serve as a caseworker for each participant identified under subdivision (b). The navigator shall work with adult education staff and potential employers to design an educational program best suited to the personal and employment needs of the participant and shall work with human service agencies or other entities to address any barrier in the way of participant access.(16) Each program funded under subsection (15) will receive funding for 3 years. After 3 years of operations and funding, a program must reapply for funding.(17) Not later than December 1 of each year, a program funded under subsection (15) shall provide a report to the senate and house appropriations subcommittees on school aid, to the senate and house fiscal agencies, and to the state budget director identifying the number of participants, graduation rates, and a measure of transition to employment.(18) Except as otherwise provided in this subsection, participants under subsection (15) must be concurrently enrolled and actively working toward obtaining a high school diploma or a high school equivalency certificate. Concurrent enrollment is not required under this subsection for a participant that was enrolled in adult education during the same program year and obtained a high school diploma or a high school equivalency certificate prior to enrollment in an eligible career and technical skills program under subsection (15). Up to 15% of adult education participants served under subsection (15) may already have a high school diploma or a high school equivalency certificate at the time of enrollment in an eligible career and technical skills program under subsection (15) and receive remediation services. It is intended that the cap described in the immediately preceding sentence is continually lowered on an annual basis until it eventually is 0%.(19) The department shall approve at least 2 high school equivalency tests and determine whether a high school equivalency certificate meets the requisite standards for high school equivalency in this state.(20) As used in this section: (a) "Career and educational advisory council" means an advisory council to the local workforce development boards located in a prosperity region consisting of educational, employer, labor, and parent representatives.(b) "Career pathway" means a combination of rigorous and high-quality education, training, and other services that comply with all of the following: (i) Aligns with the skill needs of industries in the economy of this state or in the regional economy involved.(ii) Prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the act of August 16, 1937, commonly referred to as the national apprenticeship act, 29 USC 50 et seq.(iii) Includes counseling to support an individual in achieving the individual's education and career goals.(iv) Includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.(v) Organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.(vi) Enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential.(vii) Helps an individual enter or advance within a specific occupation or occupational cluster.(c) "Department" means the department of labor and economic opportunity.(d) "Eligible adult education provider" means a district, intermediate district, a consortium of districts, a consortium of intermediate districts, or a consortium of districts and intermediate districts that is identified as part of the local process described in subsection (5)(c) and approved by the department.Amended by 2023, Act 103,s 169, eff. 10/1/2023.Amended by 2022, Act 144,s 125, eff. 10/1/2022.Amended by 2021, Act 48,s 115, eff. 7/13/2021.Amended by 2020, Act 165,s 92, eff. 10/1/2020.Amended by 2019, Act 58,s 91, eff. 10/1/2019.Amended by 2018, Act 265,s 84, eff. 10/1/2018.Amended by 2017, Act 143,s 21, eff. 11/2/2017.Amended by 2017, Act 108,s 85, eff. 10/1/2017.Amended by 2016, Act 249,s 82, eff. 10/1/2016.Amended by 2016, Act 56,s 4, eff. 6/27/2016.Amended by 2015, Act 139,s 6, eff. 10/7/2015.Amended by 2015, Act 85,s 74, eff. 10/1/2015.Amended by 2014, Act 196,s 71, eff. 10/1/2014.Amended by 2013, Act 130,s 9, eff. 10/9/2013.Amended by 2013, Act 60,s 61, eff. 10/1/2013.Amended by 2012, Act 201,s 59, eff. 10/1/2012.Amended by 2011, Act 62,s 48, eff. 10/1/2011.Amended by 2010, Act 110,s 57 , eff. 10/1/2010.Amended by 2009, Act 121,s 58 , eff. 10/19/2009.Amended by 2008, Act 268,s 71 , eff. 10/1/2008.Amended by 2007, Act 137,s 67 , eff. 11/8/2007.Amended by 2006, Act 342, s 74, eff. 10/1/2006.Amended by 2005, Act 155, s 56, eff. 10/1/2005.Amended by 2004, Act 351, s 50, eff. 10/1/2004.Amended by 2003, Act 158, s 51, eff. 10/1/2003.Add. 1996, Act 300, Imd. Eff. 6/19/1996 ;--Am. 1997, Act 24, Imd. Eff. 6/16/1997 ;--Am. 1997, Act 93, Eff. 10/1/1997 ;--Am. 1997, Act 142, Imd. Eff. 11/19/1997 ;--Am. 1998, Act 339, Imd. Eff. 10/13/1998 ;--Am. 1999, Act 119, Imd. Eff. 7/20/1999 ;--Am. 2000, Act 297, Imd. Eff. 7/26/2000 ;--Am. 2001, Act 121, Imd. Eff. 9/28/2001 ;--Am. 2002, Act 191, Imd. Eff. 4/26/2002 ;--Am. 2002, Act 521, Imd. Eff. 7/25/2002.This section is set out more than once due to postponed, multiple, or conflicting amendments.