WVABE - Eligibility for ABE Program Enrollment

Eligibility for ABE Program Enrollment

Enrollment Caps for 16 to 18 Year Olds
Guidelines for 16 to 18 Year-old Students Enrolled to Maintain Driver’s License

Guidelines for 16 to 18 Year-old Students Assigned to ABE by a Court Order

According to the Workforce Investment Act (WIA), Title II, the Adult Education and Family Literacy Act, adult education services are to be targeted for:

adults who are 16 years of age or older
adults who are not enrolled or required to be enrolled in secondary school under State law; and who
lack sufficient mastery of educational skills to enable them to function effectively on the job, in the family, and in society
do not have a secondary school diploma or its equivalent level of education or
are unable to speak, read, or write English language

Eligibility of Foreign Students

Federal adult education legislation does not specify the need to prove legal status of foreigners as a condition for enrollment in ABE classes. Thus, it is NOT necessary for foreigners to present passports, visas, work permits, or social security cards to prove legal status in order to enroll. However, foreign students (with F-1 visas) enrolled in universities or private English language institutes may not simultaneously enroll in publicly funded adult education programs. For more information, contact Cathy Shank cshank@access.k12.wv.us

Eligibility of Adults with Disabilities

The West Virginia Adult Basic Education (WV ABE) Program requires that all persons shall have equal access to its programs, facilities, and services without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or sexual orientation. It does not discriminate in admission to its programs, services, or activities; in access to them; in treatment of individuals with disabilities; or in any aspect of their operations.

A qualified individual with a disability is defined by the Americans with Disabilities Act (ADA) as: …an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of series or the participation in programs or activities provided by a public entity.

Individuals with documented disabilities may request reasonable accommodations (WV ABE Instructor Handbook Section 3). Programs can establish reasonable codes of conduct that prohibit disruptive or inappropriate behaviors and may apply these uniformly to all students (even when the effect is to disqualify a person with a disability). See a sample Code of Conduct as part of a statement of Student Rights and Responsibilities (WV ABE Instructor Handbook Section 4 Appendix).

Eligibility of 16 to 18 Year Olds

According to state policy, 16 to 18 year olds may only enroll in the ABE program if they have:

withdrawn officially from the public or private school system AND
provided an official letter from their school principal or counselor verifying the exact date on which they withdrew from school. This verification must be maintained in the ABE permanent program file.

16 to 18 year olds who may be admitted to the ABE program include students who:

have left school without graduating but reached or passed the age of 16
have transferred to a non-public vocational school or to a proprietary school with courses of study not meeting standard graduation requirements
are enrolled in a non-school institution (such as the military, a corrections facility, or drug rehabilitation clinic) even if they are involved in an education program within that institution

Exception: when a correctional institution or rehabilitation center is part of a special school district or an extension of a regular school district, its students are not admitted.

16 to 18 year olds who may not be admitted to the ABE program include those who:

are temporarily absent from public school due to illness (when the absence is verified as legitimate)
are enrolled in alternative education programs which are administered or approved by the school district and considered full-time secondary educational programs
have been suspended or expelled with an option to return at the end of the disciplinary period (unless they officially withdraw from school)
have been expelled and have been determined to be too dangerous for enrollment in an in-school alternative education program

Enrollment Caps for 16 to 18 Year Olds

Since ABE must serve a variety of target populations, your county has the discretion to determine how many slots may be available in the program at any given time for a specific target population, such as 16 to 18 year-old students. This decision, however, needs to be made at the beginning of the school year and established as an enrollment policy for that program/county. The decision should be based on past and present enrollment data on various target populations being served in the county and must not discriminate against any particular target population.

Guidelines for 16 to 18 Year-old Students Enrolled to Maintain WV Driver License

State Code §18-8-11, passed by the WV State Legislature (sometimes referred to as SB-14), denies a license or instruction permit for the operation of a motor vehicle to any person under the age of eighteen who does not at the time of application present a diploma or other certificate of graduation or documentation that the person is:

enrolled and making satisfactory progress in a course leading to a GED, or has obtained such a certificate
enrolled in a secondary school
excused from such requirement due to circumstances beyond his or her control

Students attending ABE programs to maintain/obtain a driver's license should have specific attendance requirements. Attendance requirements are determined by your local county board of education and are based upon the availability of resources such as instructional personnel, programs, and materials. It is recommended that, whenever possible, a minimum of 15 hours/week be required for satisfactory attendance.

Each county should have a specific absence policy, as well. For example, more than 10 unexcused absences in a semester will result in termination from the program for the remainder of the semester/year. The county should adopt an attendance and absence policy at the beginning of the school year based on program availability.

If a student is 16-18 years of age and wishes to enroll in the ABE program for the purposes of maintaining or obtaining a driver's license, the following conditions must be met:

All components of the general eligibility for enrollment and the attendance guidelines must be met.
A student contract (WV ABE Instructor Handbook Section 4 Appendix) should be sent to the county attendance director. It is not the responsibility of the ABE program to contact the Department of Motor Vehicles -- it is the attendance director's responsibility.
Once a student contract is completed, or if the student is terminated, the attendance director should be notified in writing.

Attendance Guidelines for 16-18 Year-old Students Assigned to ABE by a Court Order

The court-ordered student may have specific attendance guidelines dictated by the court. If the court has not set attendance guidelines, the county should determine the appropriate attendance requirement, similar to those developed for the driver's license program.

If students are required to attend ABE as a condition outlined in a court order, ABE will enroll these individuals under the following conditions:

All components of the general eligibility for enrollment and the attendance guidelines stated above should be followed
Copies of both a signed Student Contract (WV ABE Instructor Handbook Section 4 Appendix) and information on WV GED Testing (WV ABE Instructor Handbook, Section 8) should be sent to the court official, i.e., probation officer or other designee providing oversight
Once the student contract is completed, or if the student is terminated, notify the appropriate court official in writing

Note: If the student is court-ordered to take the GED test, the GED Examiner must administer the test to him/her, regardless of age or other restrictions.