1. (a) According to the Adult Education Family Literacy Act, 29 U.S.C. §§ 3271–3275, 3291, 3292, 3301–3305, 3321–3323, and 3331–3333, individuals who are eligible to receive services include those who:

   1. (1) Have attained sixteen (16) years of age;
   2. (2) Are not enrolled, or required to be enrolled, in secondary school under state law;
   3. (3) Have basic skills deficiency;
   4. (4) Do not have secondary school diploma or its recognized equivalent and have not achieved an equivalent level of education; and/or
   5. (5) Are English language learners.

2. (b)

   1. (1) Under certain conditions, learners can participate or co-enroll in adult education and technical education simultaneously or sequentially.

   2. (2) Co-enrollment in postsecondary education is allowable under the following conditions:

      1. (A)

3. (i) Students who have a high school credential and are enrolled in a postsecondary institution, but are receiving adult education services based on Test of Adult Basic Education scores, may not be enrolled in the same subject area or areas that duplicate ABE/ASE services.

   1. (ii) For example, an individual cannot be served in adult education if they are taking a general math or English composition at the postsecondary level because these subjects are taught as part of ABE/ASE or GED® preparation.

      1. (iii) Enrollment in both would be duplication of services.

         1. (iv) However, an individual who is being served in adult education program may be enrolled in a postsecondary career and technical education, or general education class such as history, study skills, or psychology because instruction in these classes would not duplicate the instructional services provided by the adult education program.
      2. (B) Students who do not have a high school credential may be enrolled in a postsecondary education course, according to the institution’s eligibility and enrollment policy, in the same subject area or areas in which they qualified for adult education services (reading, math, and/or writing); and

      3. (C)

         1. (i) Students who are participating in a career pathways program such as Accelerating Opportunity, Integrated Education Training, apprenticeships, or other vocational training program are allowed to co-enroll in adult education while being enrolled in a career technical education class.
         2. (ii) Career pathways programs must follow the guideline definition established by Section 3(7) of the Workforce Innovation and Opportunity Act of 2014, Pub. L. No. 113-128.

Codification Notes: “ABE” means adult basic education. "ASE" means adult secondary education. "GED" means General Educational Development test. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "INFORMATION/RATIONALE: While co-enrollment in adult education and postsecondary education is an allowable activity under the Workforce Innovation and Opportunity Act of 2014, guidelines are established to avoid duplication of services." "EFFECTIVE DATE: DECEMBER 31, 2017"