|(a) The Commission may issue monetary and nonmonetary
awards to AEL grant recipients, which may be awarded annually based
on high-performance achievement or continuous improvement in meeting
(1) The Commission may determine the amount of funds
for use to reward performance annually.
(2) The Commission may use any combination of existing
state or federal performance measures and may develop its own measures
to evaluate performance.
(3) If the Commission includes a measure that does
not have a target, the Commission may:
(A) set an incentive target for the sole purpose of
evaluating eligible AEL grant recipients for the incentive awards
(failure to meet an incentive target does not subject AEL grant recipients
to sanction); or
(B) rate performance based on each AEL grant recipient's
"relative improvement" in performance from the prior year.
(b) The Commission may use a measure and a subset of
a measure in the same year.
(c) If the Commission is considering issuing awards
under this section, the Commission shall notify AEL grant recipients
of the method by which performance shall be evaluated for the purpose
of giving awards under this rule for that year.
(1) The notice required under this subsection shall
be provided to the AEL grant recipients concurrent with their yearly
(2) The notice may include:
(A) a listing of awards;
(B) a listing of the performance measures to be included
in each evaluation category including:
(i) the period of evaluation for each performance measure;
(ii) the method of evaluation for each performance
(C) the weightings to be used to aggregate the performance
measures to allow each AEL grant recipient's overall performance to
(D) the anticipated amount of funds available to be
(E) other criteria to be used to identify superior
(d) AEL grant recipients that receive a performance
award shall use the incentive award to carry out AEL activities as
allowed by state and federal laws.
(e) The Commission may modify the assignment of awards
based on factors that the Commission identifies as extraordinary circumstances.