(a) Federal AEL funds may be used for AEL programs for individuals who have attained 16 years of age and who are not enrolled or required to be enrolled in secondary school under state law and:
  (1) are basic skills deficient;
  (2) do not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; or
  (3) are English language learners.
(b) State AEL funds are to be used for AEL programs for out-of-school individuals who are beyond the compulsory age of attendance unless specifically exempted from compulsory school attendance by Texas Education Code §25.086 and:
  (1) are basic skills deficient;
  (2) do not have a secondary school diploma or its recognized equivalent, and have not achieved an equivalent level of education; or
  (3) are English language learners.
(c) The proportion of students served who meet the requirements of subsection (a) of this section, but do not meet the requirements of subsection (b) of this section, shall not exceed the grant recipient's percentage of federal funds to the total allocation.
(d) The Commission shall establish annual performance benchmarks for the use of AEL funds.

Source Note: The provisions of this §805.3 adopted to be effective February 24, 2014, 39 TexReg 1205; amended to be effective July 20, 2016, 41 TexReg 5231; amended to be effective December 16, 2018, 43 TexReg 8150