PRIOR PRINTER'S NO. 1958 PRINTER'S NO. 2510
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1728
Session of
2021
INTRODUCED BY STRUZZI, HILL-EVANS, RYAN, COX, CIRESI, LEWIS
DELROSSO, STURLA AND R. MACKENZIE, JULY 20, 2021
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 13, 2021
AN ACT
1 Establishing the Adult Education and Workforce Recovery Grant <--
2 Program and the Adult Education and Workforce Recovery Grant
3 Program Fund; and imposing powers and duties on the
4 Department of Education.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 3. Adult Education and Workforce Recovery Grant Program
10 Section 301. Establishment.
11 Section 302. Grants.
12 Section 303. Procedure for grant issuance.
13 Section 304. Limit on administrative costs.
14 Chapter 9. Reporting
15 Section 901. Annual report.
16 Section 902. Report contents.
17 Chapter 11. Miscellaneous Provisions
18 Section 1101. Effective date.
19 AMENDING TITLE 24 (EDUCATION) OF THE PENNSYLVANIA CONSOLIDATED <--
 1 STATUTES, ESTABLISHING THE ADULT EDUCATION WORKFORCE RECOVERY
2 GRANT PROGRAM, ESTABLISHING THE ADULT EDUCATION AND WORKFORCE
3 RECOVERY GRANT PROGRAM FUND AND MAKING AN APPROPRIATION.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 CHAPTER 1 <--
7 PRELIMINARY PROVISIONS
8 Section 101. Short title.
9 This act shall be known and may be cited as the Adult
10 Education and Workforce Recovery Grant Program Act.
11 Section 102. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Adult education provider." An approved educational agency,
16 institution or organization making use of either professional or
17 voluntary personnel. The term includes:
18 (1) A school district.
19 (2) An intermediate unit.
20 (3) An area career and technical school.
21 (4) A community college.
22 (5) A literacy council.
23 (6) A local library.
24 (7) A community-based organization that is private, a
25 nonprofit organization and representative of communities or
26 significant parts of communities and provides adult or family
27 literacy education programs.
28 (8) An educational entity recognized by the Secretary of
29 Education for providing appropriate and effective adult basic
30 or family literacy education programs.
31 (9) An education entity recognized by the Secretary of
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 1 Education for providing appropriate and effective education
2 exclusively to adult populations.
3 "Department." The Department of Education of the
4 Commonwealth.
5 "Eligible program participant." An individual who has
6 attained 18 years of age and satisfies one of the following:
7 (1) is basic skills deficient;
8 (2) does not have a secondary school diploma or its
9 recognized equivalent and has not achieved an equivalent
10 level of education;
11 (3) is an English language learner; or
12 (4) requires additional training to reenter the
13 workforce after a job loss.
14 "Fund." The Adult Education and Workforce Recovery Grant
15 Program Fund established by this act.
16 "Grant." A grant issued by the department under this act.
17 "High school equivalency credential." The Commonwealth
18 Secondary School Diploma available to residents of this
19 Commonwealth who do not possess a high school diploma and have
20 met the criteria specified in 22 Pa. Code § 4.72 (relating to
21 credentials other than the high school diploma).
22 "Program." The Adult Education and Workforce Recovery Grant
23 Program established by this act.
24 CHAPTER 3
25 ADULT EDUCATION AND WORKFORCE RECOVERY
26 GRANT PROGRAM
27 Section 301. Establishment.
28 (a) General rule.--The Adult Education and Workforce
29 Recovery Grant Program is established in the department. The
30 program shall provide grants as provided in this act.
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 1 (b) Fund.--The Adult Education and Workforce Recovery Grant
2 Program Fund is established in the State Treasury.
3 (c) Source of fund.--
4 (1) The sum of $15,000,000 in Federal money paid to the
5 Commonwealth under the American Rescue Plan Act of 2021
6 (Public Law 117-2, 135 Stat. 4) shall be transferred to the
7 fund and, subject to payment of administrative costs as
8 provided in section 304, shall be allocated as follows:
9 (i) Eighty percent of the remaining money in the
10 fund shall be used to provide grants to the entities
11 described in paragraphs (1), (2), (3), (4), (5), (6), (7)
12 and (8) of the definition of "adult education provider"
13 in section 102.
14 (ii) Twenty percent of the remaining money in the
15 fund shall be used to provide grants to entities
16 described in paragraph (9) of the definition of "adult
17 education provider" in section 102 for programs that
18 serve adult learners who hold a secondary diploma or its
19 recognized equivalent and need additional training to
20 reenter the workforce.
21 (2) The department may reallocate between the grants
22 specified in paragraph (1)(i) and (ii) any unspent funds
23 resulting from insufficient applicants following the initial
24 grant application period.
25 (d) Administration.--The department shall make competitive
26 grants available to adult education providers for the following
27 purposes:
28 (1) Upskilling working-age adults for the post-COVID
29 workforce.
30 (2) Providing support to adult learners in completing a
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 1 high school equivalency credential.
2 (3) Providing technical training or job training
3 necessary to secure employment to participants coenrolled in
4 adult basic education or transitioning directly from adult
5 basic education.
6 (4) Providing tuition assistance for grant participants
7 coenrolled in adult basic education or transitioning directly
8 from adult basic education.
9 (5) Providing digital literacy training.
10 (6) Providing career services, including career
11 exploration, planning and support identifying and evaluating
12 education and job training programs.
13 Section 302. Grants.
14 (a) Eligibility.--An adult education provider shall be
15 eligible to apply for a grant under the program.
16 (b) Guidelines.--The department shall develop guidelines
17 that specify the requirements for grants. The guidelines shall
18 include:
19 (1) The grant application process.
20 (2) Allowed and disallowed expenses.
21 (3) The method by which grantees will be evaluated on
22 performance to include outcome-based metrics.
23 (c) Awards.--
24 (1) The department may not award a grant in excess of
25 $500,000 to a qualified applicant.
26 (2) The department may award a grant for a multipartner
27 collaboration, in which case the dollar limit in paragraph
28 (1) shall not apply.
29 Section 303. Procedure for grant issuance.
30 (a) Application.--An eligible adult education provider may
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 1 submit an application to the department requesting a grant.
2 (b) Application requirements.--A completed application must
3 describe the proposed grant activities in the form and manner
4 prescribed by the department. An application must include all of
5 the following:
6 (1) A description of the programming and services the
7 adult education provider will offer in support of one or more
8 of the purposes outlined in section 301(d).
9 (2) A description of the manner in which the adult
10 education provider will meet the guidelines under section
11 302(b).
12 (3) A projection of costs associated with the proposed
13 grant activities, including an enumeration of opportunities
14 to leverage other funding and programming resources.
15 (4) Information on occupations that will be the focus of
16 the program, including data on local demand.
17 (5) A description of strategies to recruit eligible
18 program participants.
19 (6) Information on industry-recognized credentials or
20 certifications awarded to program participants upon
21 completion of an education or job training.
22 (7) A start date for the proposed grant activities.
23 (8) A list of clear objectives and measurable goals that
24 the adult education provider will seek to achieve.
25 (c) Approval process.--The department shall review and
26 approve grant applications that, in the sole discretion of the
27 department, satisfy the requirements of this act.
28 (d) Contractual relationship.--Within 30 days of the
29 completion of the approval process, the department shall enter
30 into a contract with each adult education provider approved for
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 1 a grant. The contract shall require the signatories to provide
2 the services described in the approved application from money
3 appropriated or distributed for this purpose.
4 Section 304. Limit on administrative costs.
5 No more than 5% of the money in the fund may be used by the
6 department for administrative costs.
7 CHAPTER 9
8 REPORTING
9 Section 901. Annual report.
10 Not later than September 1 of each year, the department shall
11 submit a report regarding the implementation and outcomes of
12 grants over the previous fiscal year to the following:
13 (1) The Governor.
14 (2) The chairperson and minority chairperson of the
15 Appropriations Committee of the Senate.
16 (3) The chairperson and minority chairperson of the
17 Appropriations Committee of the House of Representatives.
18 (4) The chairperson and minority chairperson of the
19 Education Committee of the Senate.
20 (5) The chairperson and minority chairperson of the
21 Education Committee of the House of Representatives.
22 Section 902. Report contents.
23 In addition to information or analysis required by the
24 department, the annual report shall include information about
25 each grant awarded, including whether:
26 (1) The grant achieved the clear objectives and
27 measurable goals proposed under section 303(b)(8).
28 (2) The number of eligible program participants.
29 (3) The amount expended.
30 CHAPTER 11
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 1 MISCELLANEOUS PROVISIONS
2 Section 1101. Effective date.
3 This act shall take effect immediately.
4 SECTION 1. TITLE 24 OF THE PENNSYLVANIA CONSOLIDATED <--
5 STATUTES IS AMENDED BY ADDING A PART TO READ:
6 PART II-A
7 EDUCATIONAL PROGRAMS
8 CHAPTER 31
9 ADULT EDUCATION AND WORKFORCE RECOVERY GRANT PROGRAM
10 SEC.
11 3101. SCOPE OF CHAPTER.
12 3102. DEFINITIONS.
13 3103. GRANT PROGRAM.
14 3104. GRANT AWARDS.
15 3105. PROCEDURE FOR GRANT ISSUANCE.
16 3106. LIMIT ON ADMINISTRATIVE COSTS.
17 3107. ANNUAL REPORT.
18 3108. REPORT CONTENTS.
19 § 3101. SCOPE OF CHAPTER.
20 THIS CHAPTER RELATES TO THE ADULT EDUCATION AND WORKFORCE
21 RECOVERY GRANT PROGRAM ACT.
22 § 3102. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "ADULT EDUCATION PROVIDER." AN APPROVED EDUCATIONAL AGENCY,
27 INSTITUTION OR ORGANIZATION MAKING USE OF EITHER PROFESSIONAL OR
28 VOLUNTARY PERSONNEL. THE TERM INCLUDES:
29 (1) A SCHOOL DISTRICT.
30 (2) AN INTERMEDIATE UNIT.
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 1 (3) AN AREA CAREER AND TECHNICAL SCHOOL.
2 (4) A COMMUNITY COLLEGE.
3 (5) A LITERACY COUNCIL.
4 (6) A LOCAL LIBRARY.
5 (7) A COMMUNITY-BASED ORGANIZATION THAT IS PRIVATE, A
6 NONPROFIT ORGANIZATION AND REPRESENTATIVE OF COMMUNITIES OR
7 SIGNIFICANT PARTS OF COMMUNITIES AND PROVIDES ADULT OR FAMILY
8 LITERACY EDUCATION PROGRAMS.
9 (8) AN EDUCATIONAL ENTITY RECOGNIZED BY THE SECRETARY OF
10 EDUCATION FOR PROVIDING APPROPRIATE AND EFFECTIVE ADULT BASIC
11 OR FAMILY LITERACY EDUCATION PROGRAMS.
12 (9) AN EDUCATION ENTITY RECOGNIZED BY THE SECRETARY OF
13 EDUCATION FOR PROVIDING APPROPRIATE AND EFFECTIVE EDUCATION
14 EXCLUSIVELY TO ADULT POPULATIONS.
15 "ELIGIBLE PROGRAM PARTICIPANT." AN INDIVIDUAL WHO HAS
16 ATTAINED 18 YEARS OF AGE AND SATISFIES ONE OF THE FOLLOWING:
17 (1) IS BASIC SKILLS DEFICIENT;
18 (2) DOES NOT HAVE A SECONDARY SCHOOL DIPLOMA OR ITS
19 RECOGNIZED EQUIVALENT AND HAS NOT ACHIEVED AN EQUIVALENT
20 LEVEL OF EDUCATION;
21 (3) IS AN ENGLISH LANGUAGE LEARNER; OR
22 (4) REQUIRES ADDITIONAL TRAINING TO REENTER THE
23 WORKFORCE AFTER A JOB LOSS OR GAP IN EMPLOYMENT.
24 "FUND." THE ADULT EDUCATION AND WORKFORCE RECOVERY GRANT
25 PROGRAM FUND ESTABLISHED UNDER SECTION 3103(B) (RELATING TO
26 GRANT PROGRAM).
27 "GRANT." A GRANT ISSUED BY THE DEPARTMENT UNDER THIS
28 CHAPTER.
29 "HIGH SCHOOL EQUIVALENCY CREDENTIAL." THE COMMONWEALTH
30 SECONDARY SCHOOL DIPLOMA AVAILABLE TO RESIDENTS OF THIS
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 1 COMMONWEALTH WHO DO NOT POSSESS A HIGH SCHOOL DIPLOMA AND HAVE
2 MET THE CRITERIA SPECIFIED IN 22 PA. CODE § 4.72 (RELATING TO
3 CREDENTIALS OTHER THAN THE HIGH SCHOOL DIPLOMA).
4 "PROGRAM." THE ADULT EDUCATION AND WORKFORCE RECOVERY GRANT
5 PROGRAM ESTABLISHED UNDER SECTION 3103(A).
6 § 3103. GRANT PROGRAM.
7 (A) ESTABLISHMENT.--THE ADULT EDUCATION AND WORKFORCE
8 RECOVERY GRANT PROGRAM IS ESTABLISHED IN THE DEPARTMENT. THE
9 PROGRAM SHALL PROVIDE GRANTS AS PROVIDED FOR UNDER THIS CHAPTER.
10 (B) FUND.--THE ADULT EDUCATION AND WORKFORCE RECOVERY GRANT
11 PROGRAM FUND IS ESTABLISHED IN THE STATE TREASURY.
12 (C) SOURCE OF FUND.--
13 (1) THE SUM OF $15,000,000 IN FEDERAL MONEY PAID TO THE
14 COMMONWEALTH UNDER THE AMERICAN RESCUE PLAN ACT OF 2021
15 (PUBLIC LAW 117-2, 135 STAT. 4) SHALL BE TRANSFERRED TO THE
16 FUND AND, SUBJECT TO PAYMENT OF ADMINISTRATIVE COSTS AS
17 PROVIDED IN SECTION 3106 (RELATING TO LIMIT ON ADMINISTRATIVE
18 COSTS), SHALL BE ALLOCATED AS FOLLOWS:
19 (I) EIGHTY PERCENT OF THE REMAINING MONEY IN THE
20 FUND SHALL BE USED TO PROVIDE GRANTS TO THE ENTITIES
21 DESCRIBED IN PARAGRAPHS (1), (2), (3), (4), (5), (6), (7)
22 AND (8) OF THE DEFINITION OF "ADULT EDUCATION PROVIDER"
23 IN SECTION 3102 (RELATING TO DEFINITIONS).
24 (II) TWENTY PERCENT OF THE REMAINING MONEY IN THE
25 FUND SHALL BE USED TO PROVIDE GRANTS TO ENTITIES
26 DESCRIBED IN PARAGRAPH (9) OF THE DEFINITION OF "ADULT
27 EDUCATION PROVIDER" IN SECTION 3102 FOR PROGRAMS THAT
28 SERVE ADULT LEARNERS WHO HOLD A SECONDARY DIPLOMA OR A
29 RECOGNIZED EQUIVALENT AND NEED ADDITIONAL TRAINING TO
30 REENTER THE WORKFORCE.
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 1 (2) THE DEPARTMENT MAY REALLOCATE BETWEEN THE GRANTS
2 SPECIFIED IN PARAGRAPH (1)(I) AND (II) ANY UNSPENT FUNDS
3 RESULTING FROM INSUFFICIENT APPLICANTS FOLLOWING THE INITIAL
4 GRANT APPLICATION PERIOD.
5 (D) ADMINISTRATION.--THE DEPARTMENT SHALL MAKE COMPETITIVE
6 GRANTS AVAILABLE TO ADULT EDUCATION PROVIDERS FOR THE FOLLOWING
7 PURPOSES:
8 (1) UPSKILLING WORKING-AGE ADULTS FOR THE POST-COVID
9 WORKFORCE.
10 (2) PROVIDING SUPPORT TO ADULT LEARNERS IN COMPLETING A
11 HIGH SCHOOL EQUIVALENCY CREDENTIAL.
12 (3) PROVIDING TECHNICAL TRAINING OR JOB TRAINING
13 NECESSARY TO SECURE EMPLOYMENT TO PARTICIPANTS COENROLLED IN
14 ADULT BASIC EDUCATION OR TRANSITIONING DIRECTLY FROM ADULT
15 BASIC EDUCATION.
16 (4) PROVIDIN