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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-597
======================================================================
CARL D. PERKINS CAREER AND TECHNICAL EDUCATION IMPROVEMENT ACT OF 2006
_______
July 25, 2006.--Ordered to be printed
_______
Mr. McKeon, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 250]
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S. 250),
to amend the Carl D. Perkins Vocational and Technical Education
Act of 1998 to improve the Act, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; AMENDMENT.
(a) Short Title.--This Act may be cited as the ``Carl D.
Perkins Career and Technical Education Improvement Act of
2006''.
(b) Amendment.--The Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Carl D.
Perkins Career and Technical Education Act of 2006'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``Sec. 118. Occupational and employment information.
``PART B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``PART C--Local Provisions
``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local plan for career and technical education programs.
``Sec. 135. Local uses of funds.
``TITLE II--TECH PREP EDUCATION
``Sec. 201. State allotment and application.
``Sec. 202. Consolidation of funds.
``Sec. 203. Tech prep program.
``Sec. 204. Consortium applications.
``Sec. 205. Report.
``Sec. 206. Authorization of appropriations.
``TITLE III--GENERAL PROVISIONS
``PART A--Federal Administrative Provisions
``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Participation of private school personnel and children.
``Sec. 318. Limitation on Federal regulations.
``PART B--State Administrative Provisions
``Sec. 321. Joint funding.
``Sec. 322. Prohibition on use of funds to induce out-of-state
relocation of businesses.
``Sec. 323. State administrative costs.
``Sec. 324. Student assistance and other Federal programs.
``SEC. 2. PURPOSE.
``The purpose of this Act is to develop more fully the
academic and career and technical skills of secondary education
students and postsecondary education students who elect to
enroll in career and technical education programs, by--
``(1) building on the efforts of States and
localities to develop challenging academic and
technical standards and to assist students in meeting
such standards, including preparation for high skill,
high wage, or high demand occupations in current or
emerging professions;
``(2) promoting the development of services and
activities that integrate rigorous and challenging
academic and career and technical instruction, and that
link secondary education and postsecondary education
for participating career and technical education
students;
``(3) increasing State and local flexibility in
providing services and activities designed to develop,
implement, and improve career and technical education,
including tech prep education;
``(4) conducting and disseminating national
research and disseminating information on best
practices that improve career and technical education
programs, services, and activities;
``(5) providing technical assistance that--
``(A) promotes leadership, initial
preparation, and professional development at
the State and local levels; and
``(B) improves the quality of career and
technical education teachers, faculty,
administrators, and counselors;
``(6) supporting partnerships among secondary
schools, postsecondary institutions, baccalaureate
degree granting institutions, area career and technical
education schools, local workforce investment boards,
business and industry, and intermediaries; and
``(7) providing individuals with opportunities
throughout their lifetimes to develop, in conjunction
with other education and training programs, the
knowledge and skills needed to keep the United States
competitive.
``SEC. 3. DEFINITIONS.
``Unless otherwise specified, in this Act:
``(1) Administration.--The term `administration',
when used with respect to an eligible agency or
eligible recipient, means activities necessary for the
proper and efficient performance of the eligible agency
or eligible recipient's duties under this Act,
including the supervision of such activities. Such term
does not include curriculum development activities,
personnel development, or research activities.
``(2) All aspects of an industry.--The term `all
aspects of an industry' means strong experience in, and
comprehensive understanding of, the industry that the
individual is preparing to enter, including information
as described in section 118.
``(3) Area career and technical education school.--
The term `area career and technical education school'
means--
``(A) a specialized public secondary school
used exclusively or principally for the
provision of career and technical education to
individuals who are available for study in
preparation for entering the labor market;
``(B) the department of a public secondary
school exclusively or principally used for
providing career and technical education in not
fewer than 5 different occupational fields to
individuals who are available for study in
preparation for entering the labor market;
``(C) a public or nonprofit technical
institution or career and technical education
school used exclusively or principally for the
provision of career and technical education to
individuals who have completed or left
secondary school and who are available for
study in preparation for entering the labor
market, if the institution or school admits, as
regular students, individuals who have
completed secondary school and individuals who
have left secondary school; or
``(D) the department or division of an
institution of higher education, that operates
under the policies of the eligible agency and
that provides career and technical education in
not fewer than 5 different occupational fields
leading to immediate employment but not
necessarily leading to a baccalaureate degree,
if the department or division admits, as
regular students, both individuals who have
completed secondary school and individuals who
have left secondary school.
``(4) Articulation agreement.--The term
`articulation agreement' means a written commitment--
``(A) that is agreed upon at the State
level or approved annually by the lead
administrators of--
``(i) a secondary institution and a
postsecondary educational institution;
or
``(ii) a subbaccalaureate degree
granting postsecondary educational
institution and a baccalaureate degree
granting postsecondary educational
institution; and
``(B) to a program that is--
``(i) designed to provide students
with a nonduplicative sequence of
progressive achievement leading to
technical skill proficiency, a
credential, a certificate, or a degree;
and
``(ii) linked through credit
transfer agreements between the 2
institutions described in clause (i) or
(ii) of subparagraph (A) (as the case
may be).
``(5) Career and technical education.--The term
`career and technical education' means organized
educational activities that--
``(A) offer a sequence of courses that--
``(i) provides individuals with
coherent and rigorous content aligned
with challenging academic standards and
relevant technical knowledge and skills
needed to prepare for further education
and careers in current or emerging
professions;
``(ii) provides technical skill
proficiency, an industry-recognized
credential, a certificate, or an
associate degree; and
``(iii) may include prerequisite
courses (other than a remedial course)
that meet the requirements of this
subparagraph; and
``(B) include competency-based applied
learning that contributes to the academic
knowledge, higher-order reasoning and problem-
solving skills, work attitudes, general
employability skills, technical skills, and
occupation-specific skills, and knowledge of
all aspects of an industry, including
entrepreneurship, of an individual.
``(6) Career and technical student organization.--
``(A) In general.--The term `career and
technical student organization' means an
organization for individuals enrolled in a
career and technical education program
thatengages in career and technical education activities as an integral
part of the instructional program.
``(B) State and national units.--An
organization described in subparagraph (A) may
have State and national units that aggregate
the work and purposes of instruction in career
and technical education at the local level.
``(7) Career guidance and academic counseling.--The
term `career guidance and academic counseling' means
guidance and counseling that--
``(A) provides access for students (and
parents, as appropriate) to information
regarding career awareness and planning with
respect to an individual's occupational and
academic future; and
``(B) provides information with respect to
career options, financial aid, and
postsecondary options, including baccalaureate
degree programs.
``(8) Charter school.--The term `charter school'
has the meaning given the term in section 5210 of the
Elementary and Secondary Education Act of 1965.
``(9) Cooperative education.--The term `cooperative
education' means a method of education for individuals
who, through written cooperative arrangements between a
school and employers, receive instruction, including
required rigorous and challenging academic courses and
related career and technical education instruction, by
alternation of study in school with a job in any
occupational field, which alternation--
``(A) shall be planned and supervised by
the school and employer so that each
contributes to the education and employability
of the individual; and
``(B) may include an arrangement in which
work periods and school attendance may be on
alternate half days, full days, weeks, or other
periods of time in fulfilling the cooperative
program.
``(10) Displaced homemaker.--The term `displaced
homemaker' means an individual who--
``(A)(i) has worked primarily without
remuneration to care for a home and family, and
for that reason has diminished marketable
skills;
``(ii) has been dependent on the income of
another family member but is no longer
supported by that income; or
``(iii) is a parent whose youngest
dependent child will become ineligible to
receive assistance under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.)
not later than 2 years after the date on which
the parent applies for assistance under such
title; and
``(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or
upgrading employment.
``(11) Educational service agency.--The term
`educational service agency' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(12) Eligible agency.--The term `eligible agency'
means a State board designated or created consistent
with State law as the sole State agency responsible for
the administration of career and technical education in
the State or for the supervision of the administration
of career and technical education in the State.
``(13) Eligible institution.--The term `eligible
institution' means--
``(A) a public or nonprofit private
institution of higher education that offers
career and technical education courses that
lead to technical skill proficiency, an
industry-recognized credential, a certificate,
or a degree;
``(B) a local educational agency providing
education at the postsecondary level;
``(C) an area career and technical
education school providing education at the
postsecondary level;
``(D) a postsecondary educational
institution controlled by the Bureau of Indian
Affairs or operated by or on behalf of any
Indian tribe that is eligible to contract with
the Secretary of the Interior for the
administration of programs under the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) or the Act of April 16,
1934 (25 U.S.C. 452 et seq.);
``(E) an educational service agency; or
``(F) a consortium of 2 or more of the
entities described in subparagraphs (A) through
(E).
``(14) Eligible recipient.--The term `eligible
recipient' means--
``(A) a local educational agency (including
a public charter school that operates as a
local educational agency), an area career and
technical education school, an educational
service agency, or a consortium, eligible to
receive assistance under section 131; or
``(B) an eligible institution or consortium
of eligible institutions eligible to receive
assistance under section 132.
``(15) Governor.--The term `Governor' means the
chief executive officer of a State.
``(16) Individual with limited english
proficiency.--The term `individual with limited English
proficiency' means a secondary school student, an
adult, or an out-of-school youth, who has limited
ability in speaking, reading, writing, or understanding
the English language, and--
``(A) whose native language is a language
other than English; or
``(B) who lives in a family or community
environment in which a language other than
English is the dominant language.
``(17) Individual with a disability.--
``(A) In general.--The term `individual
with a disability' means an individual with any
disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
``(B) Individuals with disabilities.--The
term `individuals with disabilities' means more
than 1 individual with a disability.
``(18) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101 of the Higher Education Act of
1965.
``(19) Local educational agency.--The term `local
educational agency' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965.
``(20) Non-traditional fields.--The term `non-
traditional fields' means occupations or fields of
work, including careers in computer science,
technology, and other current and emerging high skill
occupations, for which individuals from one gender
comprise less than 25 percent of the individuals
employed in each such occupation or field of work.
``(21) Outlying area.--The term `outlying area'
means the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and the Republic of Palau.
``(22) Postsecondary educational institution.--The
term `postsecondary educational institution' means--
``(A) an institution of higher education
that provides not less than a 2-year program of
instruction that is acceptable for credit
toward a bachelor's degree;
``(B) a tribally controlled college or
university; or
``(C) a nonprofit educational institution
offering certificate or apprenticeship programs
at the postsecondary level.
``(23) Postsecondary education tech prep student.--
The term `postsecondary education tech prep student'
means a student who--
``(A) has completed the secondary education
component of a tech prep program; and
``(B) has enrolled in the postsecondary
education component of a tech prep program at
an institution of higher education described in
clause (i) or (ii) of section 203(a)(1)(B).
``(24) School dropout.--The term `school dropout'
means an individual who is no longer attending any
school and who has not received a secondary school
diploma or its recognized equivalent.
``(25) Scientifically based research.--The term
`scientifically based research' means research that is
carried out using scientifically based research
standards, as defined in section 102 of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9501).
``(26) Secondary education tech prep student.--The
term `secondary education tech prep student' means a
secondary education student who has enrolled in 2
courses in the secondary education component of a tech
prep program.
``(27) Secondary school.--The term `secondary
school' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(28) Secretary.--The term `Secretary' means the
Secretary of Education.
``(29) Special populations.--The term `special
populations' means--
``(A) individuals with disabilities;
``(B) individuals from economically
disadvantaged families, including foster
children;
``(C) individuals preparing for non-
traditional fields;
``(D) single parents, including single
pregnant women;
``(E) displaced homemakers; and
``(F) individuals with limited English
proficiency.
``(30) State.--The term `State', unless otherwise
specified, means each of the several States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and each outlying area.
``(31) Support services.--The term `support
services' means services related to curriculum
modification, equipment modification, classroom
modification, supportive personnel, and instructional
aids and devices.
``(32) Tech prep program.--The term `tech prep
program' means a tech prep program described in section
203(c).
``(33) Tribally controlled college or university.--
The term `tribally controlled college or university'
has the meaning given the term in section 2(a) of the
Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801(a)).
``(34) Tribally controlled postsecondary career and
technical institution.--The term `tribally controlled
postsecondary career and technical institution' means
an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965, except
that subsection (a)(2) of such section shall not be
applicable and the reference to Secretary in subsection
(a)(5) of such section shall be deemed to refer to the
Secretary of the Interior) that--
``(A) is formally controlled, or has been
formally sanctioned or chartered, by the
governing body of an Indian tribe or Indian
tribes;
``(B) offers a technical degree or
certificate granting program;
``(C) is governed by a board of directors
or trustees, a majority of whom are Indians;
``(D) demonstrates adherence to stated
goals, a philosophy, or a plan of operation,
that fosters individual Indian economic and
self-sufficiency opportunity, including
programs that are appropriate to stated tribal
goals of developing individual
entrepreneurships and self-sustaining economic
infrastructures on reservations;
``(E) has been in operation for at least 3
years;
``(F) holds accreditation with or is a
candidate for accreditation by a nationally
recognized accrediting authority for
postsecondary career and technical education;
and
``(G) enrolls the full-time equivalent of
not less than 100 students, of whom a majority
are Indians.
``SEC. 4. TRANSITION PROVISIONS.
``The Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this Act (as amended by the Carl
D. Perkins Career and Technical Education Improvement Act of
2006) from any authority under the provisions of the Carl D.
Perkins Vocational and Technical Education Act of 1998, as in
effect on the day before the date of enactment of the Carl D.
Perkins Career and Technical Education Improvement Act of 2006.
The Secretary shall give each eligible agency the opportunity
to submit a transition plan for the first fiscal year following
the date of enactment of the Carl D. Perkins Career and
Technical Education Improvement Act of 2006.
``SEC. 5. PRIVACY.
``(a) GEPA.--Nothing in this Act shall be construed to
supersede the privacy protections afforded parents and students
under section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
``(b) Prohibition on Development of National Database.--
Nothing in this Act shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under this Act.
``SEC. 6. LIMITATION.
``All of the funds made available under this Act shall be
used in accordance with the requirements of this Act.
``SEC. 7. SPECIAL RULE.
``In the case of a local community in which no employees
are represented by a labor organization, for purposes of this
Act, the term `representatives of employees' shall be
substituted for `labor organization'.
``SEC. 8. PROHIBITIONS.
``(a) Local Control.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act, except as
required under sections 112(b), 311(b), and 323.
``(b) No Preclusion of Other Assistance.--Any State that
declines to submit an application to the Secretary for
assistance under this Act shall not be precluded from applying
for assistance under any other program administered by the
Secretary.
``(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic and career and technical content standards or student
academic and career and technical achievement standards
approved or certified by the Federal Government, in order to
receive assistance under this Act.
``(d) Rule of Construction.--Nothing in this section shall
be construed to affect the requirements under section 113.
``(e) Coherent and Rigorous Content.--For the purposes of
this Act, coherent and rigorous content shall be determined by
the State consistent with section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
Act (other than sections 114, 117, and 118, and title II) such
sums as may be necessary for each of the fiscal years 2007
through 2012.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--ALLOTMENT AND ALLOCATION
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the sum appropriated
under section 9 for each fiscal year, the Secretary
shall reserve--
``(A) 0.13 percent to carry out section
115; and
``(B) 1.50 percent to carry out section
116, of which--
``(i) 1.25 percent of the sum shall
be available to carry out section
116(b); and
``(ii) 0.25 percent of the sum
shall be available to carry out section
116(h).
``(2) State allotment formula.--Subject to
paragraphs (3), (4), and (5), from the remainder of the
sum appropriated under section 9 and not reserved under
paragraph (1) for a fiscal year, the Secretary shall
allot to a State for the fiscal year--
``(A) an amount that bears the same ratio
to 50 percent of the sum being allotted as the
product of the population aged 15 to 19
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States;
``(B) an amount that bears the same ratio
to 20 percent of the sum being allotted as the
product of the population aged 20 to 24,
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States;
``(C) an amount that bears the same ratio
to 15 percent of the sum being allotted as the
product of the population aged 25 to 65,
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States; and
``(D) an amount that bears the same ratio
to 15 percent of the sum being allotted as the
amounts allotted to the State under
subparagraphs (A), (B), and (C) for such years
bears to the sum of the amounts allotted to all
the States under subparagraphs (A), (B), and
(C) for such year.
``(3) Minimum allotment for years with no
additional funds.--
``(A) In general.--Notwithstanding any
other provision of law and subject to
subparagraphs (B) and (C), and paragraph (5),
for a fiscal year for which there are no
additional funds (as such term is defined in
paragraph (4)(D)), no State shall receive for
such fiscal year under this subsection less
than \1/2\ of 1 percent of the amount
appropriated under section 9 and not reserved
under paragraph (1) for such fiscal year.
Amounts necessary for increasing such payments
to States to comply with the preceding sentence
shall be obtained by ratably reducing the
amounts to be paid to other States.
``(B) Requirement.--No State, by reason of
the application of subparagraph (A), shall
receive for a fiscal year more than 150 percent
of the amount the State received under this
subsection for the preceding fiscal year.
``(C) Special rule.--
``(i) In general.--Subject to
paragraph (5), no State, by reason of
the application of subparagraph (A),
shall be allotted for a fiscal year
more than the lesser of--
``(I) 150 percent of the
amount that the State received
in the preceding fiscal year;
and
``(II) the amount
calculated under clause (ii).
``(ii) Amount.--The amount
calculated under this clause shall be
determined by multiplying--
``(I) the number of
individuals in the State
counted under paragraph (2) in
the preceding fiscal year; by
``(II) 150 percent of the
national average per pupil
payment made with funds
available under this section
for that year.
``(4) Minimum allotment for years with additional
funds.--
``(A) In general.--Subject to subparagraph
(B) and paragraph (5), for a fiscal year for
which there are additional funds, no State
shall receive for such fiscal year under this
subsection less than \1/2\ of 1 percent of the
amount appropriated under section 9 and not
reserved under paragraph (1) for such fiscal
year. Amounts necessary for increasing such
payments to States to comply with the preceding
sentence shall be obtained by ratably reducing
the amounts to be paid to other States.
``(B) Special rule.--In the case of a
qualifying State, the minimum allotment under
subparagraph (A) for a fiscal year for the
qualifying State shall be the lesser of--
``(i) \1/2\ of 1 percent of the
amount appropriated under section 9 and
not reserved under paragraph (1) for
such fiscal year; and
``(ii) the sum of--
``(I) the amount the
qualifying State was allotted
under paragraph (2) for fiscal
year 2006 (as such paragraph
was in effect on the day before
the date of enactment of the
Carl D. Perkins Career and
Technical Education Improvement
Act of 2006); and
``(II) the product of--
``(aa) \1/3\ of the
additional funds;
multiplied by
``(bb) the quotient
of--
``(AA) the
qualifying
State's ratio
described in
subparagraph
(C) for the
fiscal year for
which the
determination
is made;
divided by
``(BB) the
sum of all such
ratios for all
qualifying
States for the
fiscal year for
which the
determination
is made.
``(C) Ratio.--For purposes of subparagraph
(B)(ii)(II)(bb)(AA), the ratio for a qualifying
State for a fiscal year shall be 1.00 less the
quotient of--
``(i) the amount the qualifying
State was allotted under paragraph (2)
for fiscal year 2006 (as such paragraph
was in effect on the day before the
date of enactment of the Carl D.
Perkins Career and Technical Education
Improvement Act of 2006); divided by
``(ii) \1/2\ of 1 percent of the
amount appropriated under section 9 and
not reserved under paragraph (1) for
the fiscal year for which the
determination is made.
``(D) Definitions.--In this paragraph:
``(i) Additional funds.--The term
`additional funds' means the amount by
which--
``(I) the sum appropriated
under section 9 and not
reserved under paragraph (1)
for a fiscal year; exceeds
``(II) the sum of--
``(aa) the amount
allotted under
paragraph (2) for
fiscal year 2006 (as
such paragraph (2) was
in effect on the day
before the date of
enactment of the Carl
D. Perkins Career and
Technical Education
Improvement Act of
2006);
``(bb) the amount
reserved under
paragraph (1)(C) for
fiscal year 2006 (as
such paragraph (1)(C)
was so in effect); and
``(cc) $827,671.
``(ii) Qualifying state.--The term
`qualifying State' means a State
(except the United States Virgin
Islands) that, for the fiscal year for
which a determination under this
paragraph is made, would receive, under
the allotment formula under paragraph
(2) (without the application of this
paragraph and paragraphs (3) and (5)),
an amount that would be less than the
amount the State would receive under
subparagraph (A) for such fiscal year.
``(5) Hold harmless.--
``(A) In general.--No State shall receive
an allotment under this section for a fiscal
year that is less than the allotment the State
received under part A of title I of the Carl D.
Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2311 et seq.) (as such
part was in effect on the day before the date
of enactment of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of
1998) for fiscal year 1998.
``(B) Ratable reduction.--If for any fiscal
year the amount appropriated for allotments
under this section is insufficient to satisfy
the provisions of subparagraph (A), the
payments to all States under such subparagraph
shall be ratably reduced.
``(b) Reallotment.--If the Secretary determines that any
amount of any State's allotment under subsection (a) for any
fiscal year will not be required for such fiscal year for
carrying out the activities for which such amount has been
allotted, the Secretary shall make such amount available for
reallotment. Any such reallotment among other States shall
occur on such dates during the same year as the Secretary shall
fix, and shall be made on the basis of criteria established by
regulation. No funds may be reallotted for any use other than
the use for which the funds were appropriated. Any amount
reallotted to a State under this subsection for any fiscal year
shall remain available for obligation during the succeeding
fiscal year and shall be deemed to be part of the State's
allotment for the year in which the amount is obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any
State shall be 1.00 less the product of--
``(A) 0.50; and
``(B) the quotient obtained by dividing the
per capita income for the State by the per
capita income for all the States (exclusive of
the Commonwealth of Puerto Rico and the United
States Virgin Islands), except that--
``(i) the allotment ratio in no
case shall be more than 0.60 or less
than 0.40; and
``(ii) the allotment ratio for the
Commonwealth of Puerto Rico and the
United States Virgin Islands shall be
0.60.
``(2) Promulgation.--The allotment ratios shall be
promulgated by the Secretary for each fiscal year
between October 1 and December 31 of the fiscal year
preceding the fiscal year for which the determination
is made. Allotment ratios shall be computed on the
basis of the average of the appropriate per capita
incomes for the 3 most recent consecutive fiscal years
for which satisfactory data are available.
``(3) Definition of per capita income.--For the
purpose of this section, the term `per capita income'
means, with respect to a fiscal year, the total
personal income in the calendar year ending in such
year, divided by the population of the area concerned
in such year.
``(4) Population determination.--For the purposes
of this section, population shall be determined by the
Secretary on the basis of the latest estimates
available to the Department of Education.
``(d) Definition of State.--For the purpose of this
section, the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the United States Virgin Islands.
``SEC. 112. WITHIN STATE ALLOCATION.
``(a) In General.--From the amount allotted to each State
under section 111 for a fiscal year, the eligible agency shall
make available--
``(1) not less than 85 percent for distribution
under section 131 or 132, of which not more than 10
percent of the 85 percent may be used in accordance
with subsection (c);
``(2) not more than 10 percent to carry out State
leadership activities described in section 124, of
which--
``(A) an amount equal to not more than 1
percent of the amount allotted to the State
under section 111 for the fiscal year shall be
made available to serve individuals in State
institutions, such as State correctional
institutions and institutions that serve
individuals with disabilities; and
``(B) not less than $60,000 and not more
than $150,000 shall be available for services
that prepare individuals for non-traditional
fields; and
``(3) an amount equal to not more than 5 percent,
or $250,000, whichever is greater, for administration
of the State plan, which may be used for the costs of--
``(A) developing the State plan;
``(B) reviewing a local plan;
``(C) monitoring and evaluating program
effectiveness;
``(D) assuring compliance with all
applicable Federal laws;
``(E) providing technical assistance; and
``(F) supporting and developing State data
systems relevant to the provisions of this Act.
``(b) Matching Requirement.--Each eligible agency receiving
funds made available under subsection (a)(3) shall match, from
non-Federal sources and on a dollar-for-dollar basis, the funds
received under subsection (a)(3).
``(c) Reserve.--From amounts made available under
subsection (a)(1) to carry out this subsection, an eligible
agency may award grants to eligible recipients for career and
technical education activities described in section 135 in--
``(1) rural areas;
``(2) areas with high percentages of career and
technical education students; and
``(3) areas with high numbers of career and
technical education students.
``SEC. 113. ACCOUNTABILITY.
``(a) Purpose.--The purpose of this section is to establish
and support State and local performance accountability systems,
comprised of the activities described in this section, to
assess the effectiveness of the State and the eligible
recipients of the State in achieving statewide progress in
career and technical education, and to optimize the return of
investment of Federal funds in career and technical education
activities.
``(b) State Performance Measures.--
``(1) In general.--Each eligible agency, with input
from eligible recipients, shall establish performance
measures for a State that consist of--
``(A) the core indicators of performance
described in subparagraphs (A) and (B) of
paragraph (2);
``(B) any additional indicators of
performance (if any) identified by the eligible
agency under paragraph (2)(C); and
``(C) a State adjusted level of performance
described in paragraph (3)(A) for each core
indicator of performance, and State levels of
performance described in paragraph (3)(B) for
each additional indicator of performance.
``(2) Indicators of performance.--
``(A) Core indicators of performance for
career and technical education students at the
secondary level.--Each eligible agency shall
identify in the State plan core indicators of
performance for career and technical education
students at the secondary level that are valid
and reliable, and that include, at a minimum,
measures of each of the following:
``(i) Student attainment of
challenging academic content standards
and student academic achievement
standards, as adopted by a State in
accordance with section 1111(b)(1) of
the Elementary and Secondary Education
Act of 1965 and measured by the State
determined proficient levels on the
academic assessments described in
section 1111(b)(3) of such Act.
``(ii) Student attainment of career
and technical skill proficiencies,
including student achievement on
technical assessments, that are aligned
with industry-recognized standards, if
available and appropriate.
``(iii) Student rates of attainment
of each of the following:
``(I) A secondary school
diploma.
``(II) A General Education
Development (GED) credential,
or other State-recognized
equivalent (including
recognized alternative
standards for individuals with
disabilities).
``(III) A proficiency
credential, certificate, or
degree, in conjunction with a
secondary school diploma (if
such credential, certificate,
or degree is offered by the
State in conjunction with a
secondary school diploma).
``(iv) Student graduation rates (as
described in section 1111(b)(2)(C)(vi)
of the Elementary and Secondary
Education Act of 1965).
``(v) Student placement in
postsecondary education or advanced
training, in military service, or in
employment.
``(vi) Student participation in and
completion of career and technical
education programs that lead to non-
traditional fields.
``(B) Core indicators of performance for
career and technical education students at the
postsecondary level.--Each eligible agency
shall identify in the State plan core
indicators of performance for career and
technical education students at the
postsecondary level that are valid and
reliable, and that include, at a minimum,
measures of each of the following:
``(i) Student attainment of
challenging career and technical skill
proficiencies, including student
achievement on technical assessments,
that are aligned with industry-
recognized standards, if available and
appropriate.
``(ii) Student attainment of an
industry-recognized credential, a
certificate, or a degree.
``(iii) Student retention in
postsecondary education or transfer to
a baccalaureate degree program.
``(iv) Student placement in
military service or apprenticeship
programs or placement or retention in
employment, including placement in high
skill, high wage, or high demand
occupations or professions.
``(v) Student participation in, and
completion of, career and technical
education programs that lead to
employment in non-traditional fields.
``(C) Additional indicators of
performance.--An eligible agency, with input
from eligible recipients, may identify in the
State plan additional indicators of performance
for career and technical education activities
authorized under this title, such as attainment
of self-sufficiency.
``(D) Existing indicators.--If a State has
developed, prior to the date of enactment of
the Carl D. Perkins Career and Technical
Education Improvement Act of 2006, State career
and technical education performance measures
that meet the requirements of this section (as
amended by such Act), the State may use such
performance measures to measure the progress of
career and technical education students.
``(E) State role.--Indicators of
performance described in this paragraph shall
be established solely by each eligible agency
with input from eligible recipients.
``(F) Alignment of performance
indicators.--In the course of developing core
indicators of performance and additional
indicators of performance, an eligible agency
shall, to the greatest extent possible, align
the indicators so that substantially similar
information gathered for other State and
Federal programs, or for any other purpose, is
used to meet the requirements of this section.
``(3) State levels of performance.--
``(A) State adjusted levels of performance
for core indicators of performance.--
``(i) In general.--Each eligible
agency, with input from eligible
recipients, shall establish in the
State plan submitted under section 122,
levels of performance for each of the
core indicators of performance
described in subparagraphs (A) and (B)
of paragraph (2) for career and
technical education activities
authorized under this title. The levels
of performance established under this
subparagraph shall, at a minimum--
``(I) be expressed in a
percentage or numerical form,
so as to be objective,
quantifiable, and measurable;
and
``(II) require the State to
continually make progress
toward improving the
performance of career and
technical education students.
``(ii) Identification in the state
plan.--Subject to section 4, each
eligible agency shall identify, in the
State plan submitted under section 122,
levels of performance for each of the
core indicators of performance for the
first 2 program years covered by the
State plan.
``(iii) Agreement on state adjusted
levels of performance for first 2
years.--The Secretary and each eligible
agency shall reach agreement on the
levels of performance for each of the
core indicators of performance, for the
first 2 program years covered by the
State plan, taking into account the
levels identified in the State plan
under clause (ii) and the factors
described in clause (vi). The levels of
performance agreed to under this clause
shall be considered to be the State
adjusted level of performance for the
State for such years and shall be
incorporated into the State plan prior
to the approval of such plan.
``(iv) Role of the secretary.--The
role of the Secretary in the agreement
described in clauses (iii) and (v) is
limited to reaching agreement on the
percentage or number of students who
attain the State adjusted levels of
performance.
``(v) Agreement on state adjusted
levels of performance for subsequent
years.--Prior to the third and fifth
program years covered by the State
plan, the Secretary and each eligible
agency shall reach agreement on the
State adjusted levels of performance
for each of the core indicators of
performance for the corresponding
subsequent program years covered by the
State plan, taking into account the
factors described in clause (vi). The
State adjusted levels of performance
agreed to under this clause shall be
considered to be the State adjusted
levels of performance for the State for
such years and shall be incorporated
into the State plan.
``(vi) Factors.--The agreement
described in clause (iii) or (v) shall
take into account--
``(I) how the levels of
performance involved compare
with the State adjusted levels
of performance established for
other States, taking into
account factors including the
characteristics of participants
when the participants entered
the program and the services or
instruction to be provided; and
``(II) the extent to which
such levels of performance
promote continuous improvement
on the indicators of
performance by such State.
``(vii) Revisions.--If
unanticipated circumstances arise in a
State resulting in a significant change
in the factors described in clause
(vi), the eligible agency may request
that the State adjusted levels of
performance agreed to under clause
(iii) or (v) be revised. The Secretary
shall issue objective criteria and
methods for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible agency shall
identify in the State plan State levels of
performance for each of the additional
indicators of performance described in
paragraph (2)(C). Such levels shall be
considered to be the State levels of
performance for purposes of this title.
``(4) Local levels of performance.--
``(A) Local adjusted levels of performance
for core indicators of performance.--
``(i) In general.--Each eligible
recipient shall agree to accept the
State adjusted levels of performance
established under paragraph (3) as
local adjusted levels of performances,
or negotiate with the State to reach
agreement on new local adjusted levels
of performance, for each of the core
indicators of performance described in
subparagraphs (A) and (B) of paragraph
(2) for career and technical education
activities authorized under this title.
The levels of performance established
under this subparagraph shall, at a
minimum--
``(I) be expressed in a
percentage or numerical form,
consistent with the State
levels of performance
established under paragraph
(3), so as to be objective,
quantifiable, and measurable;
and
``(II) require the eligible
recipient to continually make
progress toward improving the
performance of career and
technical education students.
``(ii) Identification in the local
plan.--Each eligible recipient shall
identify, in the local plan submitted
under section 134, levels of
performance for each of the core
indicators of performance for the first
2 program years covered by the local
plan.
``(iii) Agreement on local adjusted
levels of performance for first 2
years.--The eligible agency and each
eligible recipient shall reach
agreement, as described in clause (i),
on the eligible recipient's levels of
performance for each of the core
indicators of performance for the first
2 program years covered by the local
plan, taking into account the levels
identified in the local plan under
clause (ii) and the factors described
in clause (v). The levels of
performance agreed to under this clause
shall be considered to be the local
adjusted levels of performance for the
eligible recipient for such years and
shall be incorporated into the local
plan prior to the approval of such
plan.
``(iv) Agreement on local adjusted
levels of performance for subsequent
years.--Prior to the third and fifth
program years covered by the local
plan, the eligible agency and each
eligible recipient shall reach
agreement on the local adjusted levels
of performance for each of the core
indicators of performance for the
corresponding subsequent program years
covered by the local plan, taking into
account the factors described in clause
(v). The local adjusted levels of
performance agreed to under this clause
shall be considered to be the local
adjusted levels of performance for the
eligible recipient for such years and
shall be incorporated into the local
plan.
``(v) Factors.--The agreement
described in clause (iii) or (iv) shall
take into account--
``(I) how the levels of
performance involved compare
with the local adjusted levels
of performance established for
other eligible recipients in
the State, taking into account
factors including the
characteristics of participants
when the participants entered
the program and the services or
instruction to be provided; and
``(II) the extent to which
the local adjusted levels of
performance promote continuous
improvement on the core
indicators of performance by
the eligible recipient.
``(vi) Revisions.--If unanticipated
circumstances arise with respect to an
eligible recipient resulting in a
significant change in the factors
described in clause (v), the eligible
recipient may request that the local
adjusted levels of performance agreed
to under clause (iii) or (iv) be
revised. The eligible agency shall
issue objective criteria and methods
for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible recipient may
identify, in the local plan, local levels of
performance for any additional indicators of
performance described in paragraph (2)(C). Such
levels shall be considered to be the local
levels of performance for purposes of this
title.
``(C) Local report.--
``(i) Content of report.--Each
eligible recipient that receives an
allocation described in section 112
shall annually prepare and submit to
the eligible agency a report, which
shall include the data described in
clause (ii)(I), regarding the progress
of such recipient in achieving the
local adjusted levels of performance on
the core indicators of performance.
``(ii) Data.--Except as provided in
clauses (iii) and (iv), each eligible
recipient that receives an allocation
described in section 112 shall--
``(I) disaggregate data for
each of the indicators of
performance under paragraph (2)
for the categories of students
described in section
1111(h)(1)(C)(i) of the
Elementary and Secondary
Education Act of 1965 and
section 3(29) that are served
under this Act; and
``(II) identify and
quantify any disparities or
gaps in performance between any
such category of students and
the performance of all students
served by the eligible
recipient under this Act.
``(iii) Nonduplication.--The
eligible agency shall ensure, in a
manner that is consistent with the
actions of the Secretary under
subsection (c)(3), that each eligible
recipient does not report duplicative
information under this section.
``(iv) Rules for reporting of
data.--The disaggregation of data under
clause (ii) shall not be required when
the number of students in a category is
insufficient to yield statistically
reliable information or when the
results would reveal personally
identifiable information about an
individual student.
``(v) Availability.--The report
described in clause (i) shall be made
available to the public through a
variety of formats, including
electronically through the Internet.
``(c) Report.--
``(1) In general.--Each eligible agency that
receives an allotment under section 111 shall annually
prepare and submit to the Secretary a report
regarding--
``(A) the progress of the State in
achieving the State adjusted levels of
performance on the core indicators of
performance; and
``(B) information on the levels of
performance achieved by the State with respect
to the additional indicators of performance,
including the levels of performance for special
populations.
``(2) Data.--Except as provided in paragraphs (3)
and (4), each eligible agency that receives an
allotment under section 111 or 201 shall--
``(A) disaggregate data for each of the
indicators of performance under subsection
(b)(2) for the categories of students described
in section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 and section
3(29) that are served under this Act; and
``(B) identify and quantify any disparities
or gaps in performance between any such
category of students and the performance of all
students served by the eligible agency under
this Act, which shall include a quantifiable
description of the progress each such category
of students served by the eligible agency under
this Act has made in meeting the State adjusted
levels of performance.
``(3) Nonduplication.--The Secretary shall ensure
that each eligible agency does not report duplicative
information under this section.
``(4) Rules for reporting of data.--The
disaggregation of data under paragraph (2) shall not be
required when the number of students in a category is
insufficient to yield statistically reliable
information or when the results would reveal personally
identifiable information about an individual student.
``(5) Information dissemination.--The Secretary--
``(A) shall make the information contained
in such reports available to the general public
through a variety of formats, including
electronically through the Internet;
``(B) shall disseminate State-by-State
comparisons of the information; and
``(C) shall provide the appropriate
committees of Congress with copies of such
reports.
``SEC. 114. NATIONAL ACTIVITIES.
``(a) Program Performance Information.--
``(1) In general.--The Secretary shall collect
performance information about, and report on, the
condition of career and technical education and on the
effectiveness of State and local programs, services,
and activities carried out under this title in order to
provide the Secretary and Congress, as well as Federal,
State, local, and tribal agencies, with information
relevant to improvement in the quality and
effectiveness of career and technical education. The
Secretary shall report annually to Congress on the
Secretary's aggregate analysis of performance
information collected each year pursuant to this title,
including an analysis of performance data regarding
special populations.
``(2) Compatibility.--The Secretary shall, to the
extent feasible, ensure that the performance
information system is compatible with other Federal
information systems.
``(3) Assessments.--As a regular part of its
assessments, the National Center for Education
Statistics shall collect and report information on
career and technical education for a nationally
representative sample of students. Such assessment may
include international comparisons in the aggregate.
``(b) Miscellaneous Provisions.--
``(1) Collection of information at reasonable
cost.--The Secretary shall take such action as may be
necessary to secure at reasonable cost the information
required by this title. To ensure reasonable cost, the
Secretary, in consultation with the National Center for
Education Statistics, the Office of Vocational and
Adult Education, and an entity assisted under section
118 (if applicable), shall determine the methodology to
be used and the frequency with which information is to
be collected.
``(2) Cooperation of states.--All eligible agencies
receiving assistance under this Act shall cooperate
with the Secretary in implementing the information
systems developed pursuant to this Act.
``(c) Single Plan for Research, Development, Dissemination,
Evaluation, and Assessment.--
``(1) In general.--The Secretary may, directly or
through grants, contracts, or cooperative agreements,
carry out research, development, dissemination,
evaluation and assessment, capacity building, and
technical assistance with regard to the career and
technical education programs under this Act. The
Secretary shall develop a single plan for such
activities.
``(2) Plan.--Such plan shall--
``(A) identify the career and technical
education activities described in paragraph (1)
that the Secretary will carry out under this
section;
``(B) describe how the Secretary will
evaluate such career and technical education
activities in accordance with subsection
(d)(2); and
``(C) include such other information as the
Secretary determines to be appropriate.
``(d) Advisory Panel; Evaluation; Reports.--
``(1) Independent advisory panel.--
``(A) In general.--The Secretary shall
appoint an independent advisory panel to advise
the Secretary on the implementation of the
assessment described in paragraph (2),
including the issues to be addressed and the
methodology of the studies involved to ensure
that the assessment adheres to the highest
standards of quality.
``(B) Members.--The advisory panel shall
consist of--
``(i) educators, administrators,
State directors of career and technical
education, and chief executives,
including those with expertise in the
integration of academic and career and
technical education;
``(ii) experts in evaluation,
research, and assessment;
``(iii) representatives of labor
organizations and businesses, including
small businesses, economic development
entities, and workforce investment
entities;
``(iv) parents;
``(v) career guidance and academic
counseling professionals; and
``(vi) other individuals and
intermediaries with relevant expertise.
``(C) Independent analysis.--The advisory
panel shall transmit to the Secretary, the
relevant committees of Congress, and the
Library of Congress an independent analysis of
the findings and recommendations resulting from
the assessment described in paragraph (2).
``(D) FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the
panel established under this paragraph.
``(2) Evaluation and assessment.--
``(A) In general.--From amounts made
available under subsection (e), the Secretary
shall provide for the conduct of an independent
evaluation and assessment of career and
technical education programs under this Act,
including the implementation of the Carl D.
Perkins Career and Technical Education
Improvement Act of 2006, to the extent
practicable, through studies and analyses
conducted independently through grants,
contracts, and cooperative agreements that are
awarded on a competitive basis.
``(B) Contents.--The assessment required
under subparagraph (A) shall include
descriptions and evaluations of--
``(i) the extent to which State,
local, and tribal entities have
developed, implemented, or improved
State and local career and technical
education programs assisted under this
Act;
``(ii) the preparation and
qualifications of teachers and faculty
of career and technical education (such
as meeting State established teacher
certification or licensing
requirements), as well as shortages of
such teachers and faculty;
``(iii) academic and career and
technical education achievement and
employment outcomes of career and
technical education, including analyses
of--
``(I) the extent and
success of the integration of
rigorous and challenging
academic and career and
technical education for
students participating in
career and technical education
programs, including a review of
the effect of such integration
on the academic and technical
proficiency achievement of such
students (including the number
of such students receiving a
secondary school diploma); and
``(II) the extent to which
career and technical education
programs prepare students,
including special populations,
for subsequent employment in
high skill, high wage
occupations (including those in
which mathematics and science
skills are critical), or for
participation in postsecondary
education;
``(iv) employer involvement in, and
satisfaction with, career and technical
education programs and career and
technical education students'
preparation for employment;
``(v) the participation of students
in career and technical education
programs;
``(vi) the use of educational
technology and distance learning with
respect to career and technical
education and tech prep programs; and
``(vii) the effect of State and
local adjusted levels of performance
and State and local levels of
performance on the delivery of career
and technical education services,
including the percentage of career and
technical education and tech prep
students meeting the adjusted levels of
performance described in section 113.
``(C) Reports.--
``(i) In general.--The Secretary
shall submit to the relevant committees
of Congress--
``(I) an interim report
regarding the assessment on or
before January 1, 2010; and
``(II) a final report,
summarizing all studies and
analyses that relate to the
assessment and that are
completed after the interim
report, on or before July 1,
2011.
``(ii) Prohibition.--
Notwithstanding any other provision of
law, the reports required by this
subsection shall not be subject to any
review outside the Department of
Education before their transmittal to
the relevant committees of Congress and
the Secretary, but the President, the
Secretary, and the independent advisory
panel established under paragraph (1)
may make such additional
recommendations to Congress with
respect to the assessment as the
President, the Secretary, or the panel
determine to be appropriate.
``(3) Collection of state information and report.--
``(A) In general.--The Secretary may
collect and disseminate information from States
regarding State efforts to meet State adjusted
levels of performance described in section
113(b).
``(B) Report.--The Secretary shall gather
any information collected pursuant to
subparagraph (A) and submit a report to the
relevant committees in Congress.
``(4) Research.--
``(A) In general.--From amounts made
available under subsection (e), the Secretary,
after consulting with the States, shall award a
grant, contract, or cooperative agreement, on a
competitive basis, to an institution of higher
education, a public or private nonprofit
organization or agency, or a consortium of such
institutions, organizations, or agencies to
establish a national research center--
``(i) to carry out scientifically
based research and evaluation for the
purpose of developing, improving, and
identifying the most successful methods
for addressing the education,
employment, and training needs of
participants, including special
populations, in career and technical
education programs, including research
and evaluation in such activities as--
``(I) the integration of--
``(aa) career and
technical instruction;
and
``(bb) academic,
secondary and
postsecondary
instruction;
``(II) education technology
and distance learning
approaches and strategies that
are effective with respect to
career and technical education;
``(III) State adjusted
levels of performance and State
levels of performance that
serve to improve career and
technical education programs
and student achievement;
``(IV) academic knowledge
and career and technical skills
required for employment or
participation in postsecondary
education; and
``(V) preparation for
occupations in high skill, high
wage, or high demand business
and industry, including
examination of--
``(aa)
collaboration between
career and technical
education programs and
business and industry;
and
``(bb) academic and
technical skills
required for a regional
or sectoral workforce,
including small
business;
``(ii) to carry out scientifically
based research and evaluation to
increase the effectiveness and improve
the implementation of career and
technical education programs that are
integrated with coherent and rigorous
content aligned with challenging
academic standards, including
conducting research and development,
and studies, that provide longitudinal
information or formative evaluation
with respect to career and technical
education programs and student
achievement;
``(iii) to carry out scientifically
based research and evaluation that can
be used to improve the preparation and
professional development of teachers,
faculty, and administrators, and to
improve student learning in the career
and technical education classroom,
including--
``(I) effective in-service
and preservice teacher and
faculty education that assists
career and technical education
programs in--
``(aa) integrating
those programs with
academic content
standards and student
academic achievement
standards, as adopted
by States under section
1111(b)(1) of the
Elementary and
Secondary Education Act
of 1965; and
``(bb) coordinating
technical education
with industry-
recognized
certification
requirements;
``(II) dissemination and
training activities related to
the applied research and
demonstration activities
described in this subsection,
which may also include serving
as a repository for information
on career and technical skills,
State academic standards, and
related materials; and
``(III) the recruitment and
retention of career and
technical education teachers,
faculty, counselors, and
administrators, including
individuals in groups
underrepresented in the
teaching profession; and
``(iv) to carry out such other
research and evaluation, consistent
with the purposes of this Act, as the
Secretary determines appropriate to
assist State and local recipients of
funds under this Act.
``(B) Report.--The center conducting the
activities described in subparagraph (A) shall
annually prepare a report of the key research
findings of such center and shall submit copies
of the report to the Secretary, the relevant
committees of Congress, the Library of
Congress, and each eligible agency.
``(C) Dissemination.--The center shall
conduct dissemination and training activities
based upon the research described in
subparagraph (A).
``(5) Demonstrations and dissemination.--The
Secretary is authorized to carry out demonstration
career and technical education programs, to replicate
model career and technical education programs, to
disseminate best practices information, and to provide
technical assistance upon request of a State, for the
purposes of developing, improving, and identifying the
most successful methods and techniques for providing
career and technical education programs assisted under
this Act.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2007 through
2012.
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying Areas.--From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $660,000 to
Guam;
``(2) make a grant in the amount of $350,000 to
each of American Samoa and the Commonwealth of the
Northern Mariana Islands; and
``(3) make a grant of $160,000 to the Republic of
Palau, subject to subsection (d).
``(b) Remainder.--
``(1) First year.--Subject to subsection (a), for
the first fiscal year following the date of enactment
of the Carl D. Perkins Career and Technical Education
Improvement Act of 2006, the Secretary shall make a
grant of the remainder of funds reserved pursuant to
section 111(a)(1)(A) to the Pacific Region Educational
Laboratory in Honolulu, Hawaii, to make grants for
career and technical education and training in Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands, for the purpose of providing direct
career and technical educational services, including--
``(A) teacher and counselor training and
retraining;
``(B) curriculum development; and
``(C) the improvement of career and
technical education and training programs in
secondary schools and institutions of higher
education, or improving cooperative education
programs involving secondary schools and
institutions of higher education.
``(2) Subsequent years.--Subject to subsection (a),
for the second fiscal year following the date of
enactment of the Carl D. Perkins Career and Technical
Education Improvement Act of 2006, and each subsequent
year, the Secretary shall make a grant of the remainder
of funds reserved pursuant to section 111(a)(1)(A) and
subject to subsection (a), in equal proportion, to each
of Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be used to provide direct
career and technical educational services as described
in subparagraphs (A) through (C) of paragraph (1).
``(c) Limitation.--The Pacific Region Educational
Laboratory may use not more than 5 percent of the funds
received under subsection (b)(1) for administrative costs.
``(d) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this section upon entering
into an agreement for an extension of United States educational
assistance under the Compact of Free Association, unless
otherwise provided in such agreement.
``SEC. 116. NATIVE AMERICAN PROGRAMS.
``(a) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native'
means a Native as such term is defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
``(2) Bureau-funded school.--The term `Bureau-
funded school' has the meaning given the term in
section 1141 of the Education Amendments of 1978 (25
U.S.C. 2021).
``(3) Indian, indian tribe, and tribal
organization.--The terms `Indian', `Indian tribe', and
`tribal organization' have the meanings given the terms
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(4) Native hawaiian.--The term `Native Hawaiian'
means any individual any of whose ancestors were
natives, prior to 1778, of the area which now comprises
the State of Hawaii.
``(5) Native hawaiian organization.--The term
`Native Hawaiian organization' has the meaning given
the term in section 7207 of the Native Hawaiian
Education Act (20 U.S.C. 7517).
``(b) Program Authorized.--
``(1) Authority.--From funds reserved under section
111(a)(1)(B)(i), the Secretary shall make grants to or
enter into contracts with Indian tribes, tribal
organizations, and Alaska Native entities to carry out
the authorized programs described in subsection (c),
except that such grants or contracts shall not be
awarded to secondary school programs in Bureau-funded
schools.
``(2) Indian tribes and tribal organizations.--The
grants or contracts described in this section that are
awarded to any Indian tribe or tribal organization
shall be subject to the terms and conditions of section
102 of the Indian Self-Determination Act (25 U.S.C.
450f) and shall be conducted in accordance with the
provisions of sections 4, 5, and 6 of the Act of April
16, 1934 (25 U.S.C. 455-457), which are relevant to the
programs administered under this subsection.
``(3) Special authority relating to secondary
schools operated or supported by the bureau of indian
affairs.--An Indian tribe, a tribal organization, or an
Alaska Native entity, that receives funds through a
grant made or contract entered into under paragraph (1)
may use the funds to provide assistance to a secondary
school operated or supported by the Bureau of Indian
Affairs to enable such school to carry out career and
technical education programs.
``(4) Matching.--If sufficient funding is
available, the Bureau of Indian Affairs shall expend an
amount equal to the amount made available under this
subsection, relating to programs for Indians, to pay a
part of the costs of programs funded under this
subsection. During each fiscal year the Bureau of
Indian Affairs shall expend not less than the amount
expended during the prior fiscal year on career and
technical education programs, services, and technical
activities administered directly by, or under contract
with, the Bureau of Indian Affairs, except that in no
year shall funding for such programs, services, and
activities be provided from accounts and programs that
support other Indian education programs. The Secretary
and the Assistant Secretary of the Interior for Indian
Affairs shall prepare jointly a plan for the
expenditure of funds made available and for the
evaluation of programs assisted under this subsection.
Upon the completion of a joint plan for the expenditure
of the funds and the evaluation of the programs, the
Secretary shall assume responsibility for the
administration of the program, with the assistance and
consultation of the Bureau of Indian Affairs.
``(5) Regulations.--If the Secretary promulgates
any regulations applicable to paragraph (2), the
Secretary shall--
``(A) confer with, and allow for active
participation by, representatives of Indian
tribes, tribal organizations, and individual
tribal members; and
``(B) promulgate the regulations under
subchapter III of chapter 5 of title 5, United
States Code, commonly known as the `Negotiated
Rulemaking Act of 1990'.
``(6) Application.--Any Indian tribe, tribal
organization, or Bureau-funded school eligible to
receive assistance under this subsection may apply
individually or as part of a consortium with another
such Indian tribe, tribal organization, or Bureau-
funded school.
``(c) Authorized Activities.--
``(1) Authorized programs.--Funds made available
under this section shall be used to carry out career
and technical education programs consistent with the
purpose of this Act.
``(2) Stipends.--
``(A) In general.--Funds received pursuant
to grants or contracts awarded under subsection
(b) may be used to provide stipends to students
who are enrolled in career and technical
education programs and who have acute economic
needs which cannot be met through work-study
programs.
``(B) Amount.--Stipends described in
subparagraph (A) shall not exceed reasonable
amounts as prescribed by the Secretary.
``(d) Grant or Contract Application.--In order to receive a
grant or contract under this section, an organization, tribe,
or entity described in subsection (b) shall submit an
application to the Secretary that shall include an assurance
that such organization, tribe, or entity shall comply with the
requirements of this section.
``(e) Restrictions and Special Considerations.--The
Secretary may not place upon grants awarded or contracts
entered into under subsection (b) any restrictions relating to
programs other than restrictions that apply to grants made to
or contracts entered into with States pursuant to allotments
under section 111(a). The Secretary, in awarding grants and
entering into contracts under this section, shall ensure that
the grants and contracts will improve career and technical
education programs, and shall give special consideration to--
``(1) programs that involve, coordinate with, or
encourage tribal economic development plans; and
``(2) applications from tribally controlled
colleges or universities that--
``(A) are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization as an institution of
postsecondary career and technical education;
or
``(B) operate career and technical
education programs that are accredited or are
candidates for accreditation by a nationally
recognized accreditation organization, and
issue certificates for completion of career and
technical education programs.
``(f) Consolidation of Funds.--Each organization, tribe, or
entity receiving assistance under this section may consolidate
such assistance with assistance received from related programs
in accordance with the provisions of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
``(g) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
``(1) to limit the eligibility of any organization,
tribe, or entity described in subsection (b) to
participate in any activity offered by an eligible
agency or eligible recipient under this title; or
``(2) to preclude or discourage any agreement,
between any organization, tribe, or entity described in
subsection (b) and any eligible agency or eligible
recipient, to facilitate the provision of services by
such eligible agency or eligible recipient to the
population served by such eligible agency or eligible
recipient.
``(h) Native Hawaiian Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award
grants to or enter into contracts with community-based
organizations primarily serving and representing Native
Hawaiians to plan, conduct, and administer programs, or
portions thereof, which are authorized by and consistent with
the provisions of this section for the benefit of Native
Hawaiians.
``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.
``(a) Grants Authorized.--The Secretary shall, subject to
the availability of appropriations, make grants pursuant to
this section to tribally controlled postsecondary career and
technical institutions that are not receiving Federal support
under the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community
College Act (25 U.S.C. 640a et seq.) to provide basic support
for the education and training of Indian students.
``(b) Uses of Grants.--Amounts made available under this
section shall be used for career and technical education
programs for Indian students and for the institutional support
costs of the grant, including the expenses described in
subsection (e).
``(c) Amount of Grants.--
``(1) In general.--If the sums appropriated for any
fiscal year for grants under this section are not
sufficient to pay in full the total amount which
approved applicants are eligible to receive under this
section for such fiscal year, the Secretary shall first
allocate to each such applicant who received funds
under this part for the preceding fiscal year an amount
equal to 100 percent of the product of the per capita
payment for the preceding fiscal year and such
applicant's Indian student count for the current
program year, plus an amount equal to the actual cost
of any increase to the per capita figure resulting from
inflationary increases to necessary costs beyond the
institution's control.
``(2) Per capita determination.--For the purposes
of paragraph (1), the per capita payment for any fiscal
year shall be determined by dividing the amount
available for grants to tribally controlled
postsecondary career and technical institutions under
this section for such program year by the sum of the
Indian student counts of such institutions for such
program year. The Secretary shall, on the basis of the
most accurate data available from the institutions,
compute the Indian student count for any fiscal year
for which such count was not used for the purpose of
making allocations under this section.
``(3) Indirect costs.--Notwithstanding any other
provision of law or regulation, the Secretary shall not
require the use of a restricted indirect cost rate for
grants issued under this section.
``(d) Applications.--Any tribally controlled postsecondary
career and technical institution that is not receiving Federal
support under the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo
Community College Act (25 U.S.C. 640a et seq.) that desires to
receive a grant under this section shall submit an application
to the Secretary in such manner and form as the Secretary may
require.
``(e) Expenses.--
``(1) In general.--The Secretary shall, subject to
the availability of appropriations, provide for each
program year to each tribally controlled postsecondary
career and technical institution having an application
approved by the Secretary, an amount necessary to pay
expenses associated with--
``(A) the maintenance and operation of the
program, including development costs, costs of
basic and special instruction (including
special programs for individuals with
disabilities and academic instruction),
materials, student costs, administrative
expenses, boarding costs, transportation,
student services, daycare and family support
programs for students and their families
(including contributions to the costs of
education for dependents), and student
stipends;
``(B) capital expenditures, including
operations and maintenance, and minor
improvements and repair, and physical plant
maintenance costs, for the conduct of programs
funded under this section;
``(C) costs associated with repair, upkeep,
replacement, and upgrading of the instructional
equipment; and
``(D) institutional support of career and
technical education.
``(2) Accounting.--Each institution receiving a
grant under this section shall provide annually to the
Secretary an accurate and detailed accounting of the
institution's operating and maintenance expenses and
such other information concerning costs as the
Secretary may reasonably require.
``(f) Other Programs.--
``(1) In general.--Except as specifically provided
in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled
postsecondary career and technical institution from
receiving Federal financial assistance under any
program authorized under the Higher Education Act of
1965, or under any other applicable program for the
benefit of institutions of higher education or career
and technical education.
``(2) Prohibition on alteration of grant amount.--
The amount of any grant for which tribally controlled
postsecondary career and technical institutions are
eligible under this section shall not be altered
because of funds allocated to any such institution from
funds appropriated under the Act of November 2, 1921
(commonly known as the `Snyder Act') (25 U.S.C. 13).
``(3) Prohibition on contract denial.--No tribally
controlled postsecondary career and technical
institution for which an Indian tribe has designated a
portion of the funds appropriated for the tribe from
funds appropriated under the Act of November 2, 1921
(25 U.S.C. 13), may be denied a contract for such
portion under the Indian Self-Determination and
Education Assistance Act (except as provided in that
Act), or denied appropriate contract support to
administer such portion of the appropriated funds.
``(g) Complaint Resolution Procedure.--The Secretary shall
establish (after consultation with tribally controlled
postsecondary career and technical institutions) a complaint
resolution procedure for grant determinations and calculations
under this section for tribally controlled postsecondary career
and technical institutions.
``(h) Definitions.--In this section:
``(1) Indian; indian tribe.--The terms `Indian' and
`Indian tribe' have the meanings given the terms in
section 2 of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801).
``(2) Indian student count.--
``(A) In general.--The term `Indian student
count' means a number equal to the total number
of Indian students enrolled in each tribally
controlled postsecondary career and technical
institution, as determined in accordance with
subparagraph (B).
``(B) Determination.--
``(i) Enrollment.--For each
academic year, the Indian student count
shall be determined on the basis of the
enrollments of Indian students as in
effect at the conclusion of--
``(I) in the case of the
fall term, the third week of
the fall term; and
``(II) in the case of the
spring term, the third week of
the spring term.
``(ii) Calculation.--For each
academic year, the Indian student count
for a tribally controlled postsecondary
career and technical institution shall
be the quotient obtained by dividing--
``(I) the sum of the credit
hours of all Indian students
enrolled in the tribally
controlled postsecondary career
and technical institution (as
determined under clause (i));
by
``(II) 12.
``(iii) Summer term.--Any credit
earned in a class offered during a
summer term shall be counted in the
determination of the Indian student
count for the succeeding fall term.
``(iv) Students without secondary
school degrees.--
``(I) In general.--A credit
earned at a tribally controlled
postsecondary career and
technical institution by any
Indian student that has not
obtained a secondary school
degree (or the recognized
equivalent of such a degree)
shall be counted toward the
determination of the Indian
student count if the
institution at which the
student is enrolled has
established criteria for the
admission of the student on the
basis of the ability of the
student to benefit from the
education or training of the
institution.
``(II) Presumption.--The
institution shall be presumed
to have established the
criteria described in subclause
(I) if the admission procedures
for the institution include
counseling or testing that
measures the aptitude of a
student to successfully
complete a course in which the
student is enrolled.
``(III) Credits toward
secondary school degree.--No
credit earned by an Indian
student for the purpose of
obtaining a secondary school
degree (or the recognized
equivalent of such a degree)
shall be counted toward the
determination of the Indian
student count under this
clause.
``(v) Continuing education
programs.--Any credit earned by an
Indian student in a continuing
education program of a tribally
controlled postsecondary career and
technical institution shall be included
in the determination of the sum of all
credit hours of the student if the
credit is converted to a credit hour
basis in accordance with the system of
the institution for providing credit
for participation in the program.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2007 through
2012.
``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
``(a) National Activities.--From funds appropriated under
subsection (g), the Secretary, in consultation with appropriate
Federal agencies, is authorized--
``(1) to provide assistance to an entity to enable
the entity--
``(A) to provide technical assistance to
State entities designated under subsection (c)
to enable the State entities to carry out the
activities described in such subsection;
``(B) to disseminate information that
promotes the replication of high quality
practices described in subsection (c); and
``(C) to develop and disseminate products
and services related to the activities
described in subsection (c); and
``(2) to award grants to States that designate
State entities in accordance with subsection (c) to
enable the State entities to carry out the State level
activities described in such subsection.
``(b) State Application.--
``(1) In general.--A jointly designated State
entity described in subsection (c) that desires to
receive a grant under this section shall submit an
application to the Secretary at the same time the State
submits its State plan under section 122, in such
manner, and accompanied by such additional information,
as the Secretary may reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include a description of how the
jointly designated State entity described in subsection
(c) will provide information based on trends provided
pursuant to section 15 of the Wagner-Peyser Act to
inform program development.
``(c) State Level Activities.--In order for a State to
receive a grant under this section, the eligible agency and the
Governor of the State shall jointly designate an entity in the
State--
``(1) to provide support for career guidance and
academic counseling programs designed to promote
improved career and education decision making by
students (and parents, as appropriate) regarding
education (including postsecondary education) and
training options and preparations for high skill, high
wage, or high demand occupations and non-traditional
fields;
``(2) to make available to students, parents,
teachers, administrators, faculty, and career guidance
and academic counselors, and to improve accessibility
with respect to, information and planning resources
that relate academic and career and technical
educational preparation to career goals and
expectations;
``(3) to provide academic and career and technical
education teachers, faculty, administrators, and career
guidance and academic counselors with the knowledge,
skills, and occupational information needed to assist
parents and students, especially special populations,
with career exploration, educational opportunities,
education financing, and exposure to high skill, high
wage, or high demand occupations and non-traditional
fields, including occupations and fields requiring a
baccalaureate degree;
``(4) to assist appropriate State entities in
tailoring career related educational resources and
training for use by such entities, including
information on high skill, high wage, or high demand
occupations in current or emerging professions and on
career ladder information;
``(5) to improve coordination and communication
among administrators and planners of programs
authorized by this Act and by section 15 of the Wagner-
Peyser Act at the Federal, State, and local levels to
ensure nonduplication of efforts and the appropriate
use of shared information and data;
``(6) to provide ongoing means for customers, such
as students and parents, to provide comments and
feedback on products and services and to update
resources, as appropriate, to better meet customer
requirements; and
``(7) to provide readily available occupational
information such as--
``(A) information relative to employment
sectors;
``(B) information on occupation supply and
demand; and
``(C) other information provided pursuant
to section 15 of the Wagner-Peyser Act as the
jointly designated State entity considers
relevant.
``(d) Nonduplication.--
``(1) Wagner-peyser act.--The jointly designated
State entity described under subsection (c) may use
funds provided under subsection (a)(2) to supplement
activities under section 15 of the Wagner-Peyser Act to
the extent such activities do not duplicate activities
assisted under such section.
``(2) Public law 105-220.--None of the functions
and activities assisted under this section shall
duplicate the functions and activities carried out
under Public Law 105-220.
``(e) Funding Rule.--Of the amounts appropriated to carry
out this section, the Federal entity designated under
subsection (a) shall use--
``(1) not less than 85 percent to carry out
subsection (c); and
``(2) not more than 15 percent to carry out
subsection (a).
``(f) Report.--The Secretary, in consultation with
appropriate Federal agencies, shall prepare and submit to the
appropriate committees of Congress, an annual report that
includes--
``(1) a description of activities assisted under
this section during the prior program year;
``(2) a description of the specific products and
services assisted under this section that were
delivered in the prior program year; and
``(3) an assessment of the extent to which States
have effectively coordinated activities assisted under
this section with activities authorized under section
15 of the Wagner-Peyser Act.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 2007
through 2012.
``PART B--STATE PROVISIONS
``SEC. 121. STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--The
responsibilities of an eligible agency under this title shall
include--
``(1) coordination of the development, submission,
and implementation of the State plan, and the
evaluation of the program, services, and activities
assisted under this title, including preparation for
non-traditional fields;
``(2) consultation with the Governor and
appropriate agencies, groups, and individuals including
parents, students, teachers, teacher and faculty
preparation programs, representatives of businesses
(including small businesses), labor organizations,
eligible recipients, State and local officials, and
local program administrators, involved in the planning,
administration, evaluation, and coordination of
programs funded under this title;
``(3) convening and meeting as an eligible agency
(consistent with State law and procedure for the
conduct of such meetings) at such time as the eligible
agency determines necessary to carry out the eligible
agency's responsibilities under this title, but not
less than 4 times annually; and
``(4) the adoption of such procedures as the
eligible agency considers necessary to--
``(A) implement State level coordination
with the activities undertaken by the State
boards under section 111 of Public Law 105-220;
and
``(B) make available to the service
delivery system under section 121 of Public Law
105-220 within the State a listing of all
school dropout, postsecondary education, and
adult programs assisted under this title.
``(b) Exception.--Except with respect to the
responsibilities set forth in subsection (a), the eligible
agency may delegate any of the other responsibilities of the
eligible agency that involve the administration, operation, or
supervision of activities assisted under this title, in whole
or in part, to 1 or more appropriate State agencies.
``SEC. 122. STATE PLAN.
``(a) State Plan.--
``(1) In general.--Each eligible agency desiring
assistance under this title for any fiscal year shall
prepare and submit to the Secretary a State plan for a
6-year period, together with such annual revisions as
the eligible agency determines to be necessary, except
that, during the period described in section 4, each
eligible agency may submit a transition plan that shall
fulfill the eligible agency's obligation to submit a
State plan under this section for the first fiscal year
following the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of 2006.
``(2) Revisions.--Each eligible agency--
``(A) may submit such annual revisions of
the State plan to the Secretary as the eligible
agency determines to be necessary; and
``(B) shall, after the second year of the
6-year period, conduct a review of activities
assisted under this title and submit any
revisions of the State plan that the eligible
agency determines necessary to the Secretary.
``(3) Hearing process.--The eligible agency shall
conduct public hearings in the State, after appropriate
and sufficient notice, for the purpose of affording all
segments of the public and interested organizations and
groups (including charter school authorizers and
organizers consistent with State law, employers, labor
organizations, parents, students, and community
organizations), an opportunity to present their views
and make recommendations regarding the State plan. A
summary of such recommendations and the eligible
agency's response to such recommendations shall be
included in the State plan.
``(b) Plan Development.--
``(1) In general.--The eligible agency shall--
``(A) develop the State plan in
consultation with--
``(i) academic and career and
technical education teachers, faculty,
and administrators;
``(ii) career guidance and academic
counselors;
``(iii) eligible recipients;
``(iv) charter school authorizers
and organizers consistent with State
law;
``(v) parents and students;
``(vi) institutions of higher
education;
``(vii) the State tech prep
coordinator and representatives of tech
prep consortia (if applicable);
``(viii) entities participating in
activities described in section 111 of
Public Law 105-220;
``(ix) interested community members
(including parent and community
organizations);
``(x) representatives of special
populations;
``(xi) representatives of business
and industry (including representatives
of small business); and
``(xii) representatives of labor
organizations in the State; and
``(B) consult the Governor of the State
with respect to such development.
``(2) Activities and procedures.--The eligible
agency shall develop effective activities and
procedures, including access to information needed to
use such procedures, to allow the individuals and
entities described in paragraph (1) to participate in
State and local decisions that relate to development of
the State plan.
``(c) Plan Contents.--The State plan shall include
information that--
``(1) describes the career and technical education
activities to be assisted that are designed to meet or
exceed the State adjusted levels of performance,
including a description of--
``(A) the career and technical programs of
study, which may be adopted by local
educational agencies and postsecondary
institutions to be offered as an option to
students (and their parents as appropriate)
when planning for and completing future
coursework, for career and technical content
areas that--
``(i) incorporate secondary
education and postsecondary education
elements;
``(ii) include coherent and
rigorous content aligned with
challenging academic standards and
relevant career and technical content
in a coordinated, nonduplicative
progression of courses that align
secondary education with postsecondary
education to adequately prepare
students to succeed in postsecondary
education;
``(iii) may include the opportunity
for secondary education students to
participate in dual or concurrent
enrollment programs or other ways to
acquire postsecondary education
credits; and
``(iv) lead to an industry-
recognized credential or certificate at
the postsecondary level, or an
associate or baccalaureate degree;
``(B) how the eligible agency, in
consultation with eligible recipients, will
develop and implement the career and technical
programs of study described in subparagraph
(A);
``(C) how the eligible agency will support
eligible recipients in developing and
implementing articulation agreements between
secondary education and postsecondary education
institutions;
``(D) how the eligible agency will make
available information about career and
technical programs of study offered by eligible
recipients;
``(E) the secondary and postsecondary
career and technical education programs to be
carried out, including programs that will be
carried out by the eligible agency to develop,
improve, and expand access to appropriate
technology in career and technical education
programs;
``(F) the criteria that will be used by the
eligible agency to approve eligible recipients
for funds under this Act, including criteria to
assess the extent to which the local plan
will--
``(i) promote continuous
improvement in academic achievement;
``(ii) promote continuous
improvement of technical skill
attainment; and
``(iii) identify and address
current or emerging occupational
opportunities;
``(G) how programs at the secondary level
will prepare career and technical education
students, including special populations, to
graduate from secondary school with a diploma;
``(H) how such programs will prepare career
and technical education students, including
special populations, academically and
technically for opportunities in postsecondary
education or entry into high skill, high wage,
or high demand occupations in current or
emerging occupations, and how participating
students will be made aware of such
opportunities;
``(I) how funds will be used to improve or
develop new career and technical education
courses--
``(i) at the secondary level that
are aligned with rigorous and
challenging academic content standards
and student academic achievement
standards adopted by the State under
section 1111 (b)(1) of the Elementary
and Secondary Education Act of 1965;
``(ii) at the postsecondary level
that are relevant and challenging; and
``(iii) that lead to employment in
high skill, high wage, or high demand
occupations;
``(J) how the eligible agency will
facilitate and coordinate communication on best
practices among successful recipients of tech
prep program grants under title II and eligible
recipients to improve program quality and
student achievement;
``(K) how funds will be used effectively to
link academic and career and technical
education at the secondary level and at the
postsecondary level in a manner that increases
student academic and career and technical
achievement; and
``(L) how the eligible agency will report
on the integration of coherent and rigorous
content aligned with challenging academic
standards in career and technical education
programs in order to adequately evaluate the
extent of such integration;
``(2) describes how comprehensive professional
development (including initial teacher preparation and
activities that support recruitment) for career and
technical education teachers, faculty, administrators,
and career guidance and academic counselors will be
provided, especially professional development that--
``(A) promotes the integration of coherent
and rigorous academic content standards and
career and technical education curricula,
including through opportunities for the
appropriate academic and career and technical
education teachers to jointly develop and
implement curricula and pedagogical strategies,
as appropriate;
``(B) increases the percentage of teachers
that meet teacher certification or licensing
requirements;
``(C) is high quality, sustained,
intensive, and focused on instruction, and
increases the academic knowledge and
understanding of industry standards, as
appropriate, of career and technical education
teachers;
``(D) encourages applied learning that
contributes to the academic and career and
technical knowledge of the student;
``(E) provides the knowledge and skills
needed to work with and improve instruction for
special populations;
``(F) assists in accessing and utilizing
data, including data provided under section
118, student achievement data, and data from
assessments; and
``(G) promotes integration with
professional development activities that the
State carries out under title II ofthe
Elementary and Secondary Education Act of 1965 and title II of the
Higher Education Act of 1965;
``(3) describes efforts to improve--
``(A) the recruitment and retention of
career and technical education teachers,
faculty, and career guidance and academic
counselors, including individuals in groups
underrepresented in the teaching profession;
and
``(B) the transition to teaching from
business and industry, including small
business;
``(4) describes efforts to facilitate the
transition of subbaccalaureate career and technical
education students into baccalaureate degree programs
at institutions of higher education;
``(5) describes how the eligible agency will
actively involve parents, academic and career and
technical education teachers, administrators, faculty,
career guidance and academic counselors, local business
(including small businesses), and labor organizations
in the planning, development, implementation, and
evaluation of such career and technical education
programs;
``(6) describes how funds received by the eligible
agency through the allotment made under section 111
will be allocated--
``(A) among career and technical education
at the secondary level, or career and technical
education at the postsecondary and adult level,
or both, including the rationale for such
allocation; and
``(B) among any consortia that will be
formed among secondary schools and eligible
institutions, and how funds will be allocated
among the members of the consortia, including
the rationale for such allocation;
``(7) describes how the eligible agency will--
``(A) improve the academic and technical
skills of students participating in career and
technical education programs, including
strengthening the academic and career and
technical components of career and technical
education programs through the integration of
academics with career and technical education
to ensure learning in--
``(i) the core academic subjects
(as defined in section 9101 of the
Elementary and Secondary Education Act
of 1965); and
``(ii) career and technical
education subjects;
``(B) provide students with strong
experience in, and understanding of, all
aspects of an industry; and
``(C) ensure that students who participate
in such career and technical education programs
are taught to the same challenging academic
proficiencies as are taught to all other
students;
``(8) describes how the eligible agency will
annually evaluate the effectiveness of such career and
technical education programs, and describe, to the
extent practicable, how the eligible agency is
coordinating such programs to ensure nonduplication
with other Federal programs;
``(9) describes the eligible agency's program
strategies for special populations, including a
description of how individuals who are members of the
special populations--
``(A) will be provided with equal access to
activities assisted under this Act;
``(B) will not be discriminated against on
the basis of their status as members of the
special populations; and
``(C) will be provided with programs
designed to enable the special populations to
meet or exceed State adjusted levels of
performance, and prepare special populations
for further learning and for high skill, high
wage, or high demand occupations;
``(10) describes--
``(A) the eligible agency's efforts to
ensure that eligible recipients are given the
opportunity to provide input in determining the
State adjusted levels of performance described
in section 113; and
``(B) how the eligible agency, in
consultation with eligible recipients, will
develop a process for the negotiation of local
adjusted levels of performance under section
113(b)(4) if an eligible recipient does not
accept the State adjusted levels of performance
under section 113(b)(3);
``(11) provides assurances that the eligible agency
will comply with the requirements of this Act and the
provisions of the State plan, including the provision
of a financial audit of funds received under this Act
which may be included as part of an audit of other
Federal or State programs;
``(12) provides assurances that none of the funds
expended under this Act will be used to acquire
equipment (including computer software) in any instance
in which such acquisition results in a direct financial
benefit to any organization representing the interests
of the acquiring entity or the employees of the
acquiring entity, or any affiliate of such an
organization;
``(13) describes how the eligible agency will
report data relating to students participating in
career and technical education in order to adequately
measure the progress of the students, including special
populations, and how the eligible agency will ensure
that the data reported to the eligible agency from
local educational agencies and eligible institutions
under this title and the data the eligible agency
reports to the Secretary are complete, accurate, and
reliable;
``(14) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
``(15) describes how the eligible agency will
provide local educational agencies, area career and
technical education schools, and eligible institutions
in the State with technical assistance;
``(16) describes how career and technical education
relates to State and regional occupational
opportunities;
``(17) describes the methods proposed for the joint
planning and coordination of programs carried out under
this title with other Federal education programs;
``(18) describes how funds will be used to promote
preparation for high skill, high wage, or high demand
occupations and non-traditional fields;
``(19) describes how funds will be used to serve
individuals in State correctional institutions; and
``(20) contains the description and information
specified in sections 112(b)(8) and 121(c) of Public
Law 105-220 concerning the provision of services only
for postsecondary students and school dropouts.
``(d) Plan Options.--
``(1) Single plan.--An eligible agency not choosing
to consolidate funds under section 202 shall fulfill
the plan or application submission requirements of this
section, and section 201(c), by submitting a single
State plan. In such plan, the eligible agency may allow
recipients to fulfill the plan or application
submission requirements of section 134 and subsections
(a) and (b) of section 204 by submitting a single local
plan.
``(2) Plan submitted as part of 501 plan.--The
eligible agency may submit the plan required under this
section as part of the plan submitted under section 501
of Public Law 105-220, if the plan submitted pursuant
to the requirement of this section meets the
requirements of this Act.
``(e) Plan Approval.--
``(1) In general.--The Secretary shall approve a
State plan, or a revision to an approved State plan,
unless the Secretary determines that--
``(A) the State plan, or revision,
respectively, does not meet the requirements of
this Act; or
``(B) the State's levels of performance on
the core indicators of performance consistent
with section 113 are not sufficiently rigorous
to meet the purpose of this Act.
``(2) Disapproval.--The Secretary shall not finally
disapprove a State plan, except after giving the
eligible agency notice and an opportunity for a
hearing.
``(3) Consultation.--The eligible agency shall
develop the portion of each State plan relating to the
amount and uses of any funds proposed to be reserved
for adult career and technical education, postsecondary
career and technical education, tech prep education,
and secondary career and technical education after
consultation with the State agency responsible for
supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions
primarily engaged in providing postsecondary career and
technical education, and the State agency responsible
for secondary education. If a State agency finds that a
portion of the final State plan is objectionable, the
State agency shall file such objections with the
eligible agency. The eligible agency shall respond to
any objections of the State agency in the State plan
submitted to the Secretary.
``(4) Timeframe.--A State plan shall be deemed
approved by the Secretary if the Secretary has not
responded to the eligible agency regarding the State
plan within 90 days of the date the Secretary receives
the State plan.
``SEC. 123. IMPROVEMENT PLANS.
``(a) State Program Improvement.--
``(1) Plan.--If a State fails to meet at least 90
percent of an agreed upon State adjusted level of
performance for any of the core indicators of
performance described in section 113(b)(3), the
eligible agency shall develop and implement a program
improvement plan (with special consideration to
performance gaps identified under section 113(c)(2)) in
consultation with the appropriate agencies,
individuals, and organizations during the first program
year succeeding the program year for which the eligible
agency failed to so meet the State adjusted level of
performance for any of the core indicators of
performance.
``(2) Technical assistance.--If the Secretary
determines that an eligible agency is not properly
implementing the eligible agency's responsibilities
under section 122, or is not making substantial
progress in meeting the purposes of this Act, based on
the State's adjusted levels of performance, the
Secretary shall work with the eligible agency to
implement the improvement activities consistent with
the requirements of this Act.
``(3) Subsequent action.--
``(A) In general.--The Secretary may, after
notice and opportunity for a hearing, withhold
from an eligible agency all, or a portion, of
the eligible agency's allotment under
paragraphs (2) and (3) of section 112(a) if the
eligible agency--
``(i) fails to implement an
improvement plan as described in
paragraph (1);
``(ii) fails to make any
improvement in meeting any of the State
adjusted levels of performance for the
core indicators of performance
identified under paragraph (1) within
the first program year of
implementation of its improvement plan
described in paragraph (1); or
``(iii) fails to meet at least 90
percent of an agreed upon State
adjusted level of performance for the
same core indicator of performance for
3 consecutive years.
``(B) Waiver for exceptional
circumstances.--The Secretary may waive the
sanction in subparagraph (A) due to exceptional
or uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial resources
of the State.
``(4) Funds resulting from reduced allotments.--The
Secretary shall use funds withheld under paragraph (3)
for a State served by an eligible agency to provide
technical assistance, to assist in the development of
an improved State improvement plan, or for other
improvement activities consistent with the requirements
of this Act for such State.
``(b) Local Program Improvement.--
``(1) Local evaluation.--Each eligible agency shall
evaluate annually, using the local adjusted levels of
performance described in section 113(b)(4), the career
and technical education activities of each eligible
recipient receiving funds under this title.
``(2) Plan.--If, after reviewing the evaluation in
paragraph (1), the eligible agency determines that an
eligible recipient failed to meet at least 90 percent
of an agreed upon local adjusted level of performance
for any of the core indicators of performance described
in section 113(b)(4), the eligible recipient shall
develop and implement a program improvement plan (with
special consideration to performance gaps identified
under section 113(b)(4)(C)(ii)(II)) in consultation
with the eligible agency, appropriate agencies,
individuals, and organizations during the first program
year succeeding the program year for which the eligible
recipient failed to so meet any of thelocal adjusted
levels of performance for any of the core indicators of performance.
``(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities
under section 134, or is not making substantial
progress in meeting the purposes of this Act, based on
the local adjusted levels of performance, the eligible
agency shall work with the eligible recipient to
implement improvement activities consistent with the
requirements of this Act.
``(4) Subsequent action.--
``(A) In general.--The eligible agency may,
after notice and opportunity for a hearing,
withhold from the eligible recipient all, or a
portion, of the eligible recipient's allotment
under this title if the eligible recipient--
``(i) fails to implement an
improvement plan as described in
paragraph (2);
``(ii) fails to make any
improvement in meeting any of the local
adjusted levels of performance for the
core indicators of performance
identified under paragraph (2) within
the first program year of
implementation of its improvement plan
described in paragraph (2); or
``(iii) fails to meet at least 90
percent of an agreed upon local
adjusted level of performance for the
same core indicator of performance for
3 consecutive years.
``(B) Waiver for exceptional
circumstances.--In determining whether to
impose sanctions under subparagraph (A), the
eligible agency may waive imposing sanctions--
``(i) due to exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the eligible recipient; or
``(ii) based on the impact on the
eligible recipient's reported
performance of the small size of the
career and technical education program
operated by the eligible recipient.
``(5) Funds resulting from reduced allotments.--The
eligible agency shall use funds withheld under
paragraph (4) from an eligible recipient to provide
(through alternative arrangements) services and
activities to students within the area served by such
recipient to meet the purposes of this Act.
``SEC. 124. STATE LEADERSHIP ACTIVITIES.
``(a) General Authority.--From amounts reserved under
section 112(a)(2), each eligible agency shall conduct State
leadership activities.
``(b) Required Uses of Funds.--The State leadership
activities described in subsection (a) shall include--
``(1) an assessment of the career and technical
education programs carried out with funds under this
title, including an assessment of how the needs of
special populations are being met and how the career
and technical education programs are designed to enable
special populations to meet State adjusted levels of
performance and prepare the special populations for
further education, further training, or for high skill,
high wage, or high demand occupations;
``(2) developing, improving, or expanding the use
of technology in career and technical education that
may include--
``(A) training of career and technical
education teachers, faculty, career guidance
and academic counselors, and administrators to
use technology, including distance learning;
``(B) providing career and technical
education students with the academic and career
and technical skills (including the mathematics
and science knowledge that provides a strong
basis for such skills) that lead to entry into
technology fields, including non-traditional
fields; or
``(C) encouraging schools to collaborate
with technology industries to offer voluntary
internships and mentoring programs;
``(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for career and
technical education teachers, faculty, administrators,
and career guidance and academic counselors at the
secondary and postsecondary levels, that support
activities described in section 122 and--
``(A) provide in-service and preservice
training in career and technical education
programs--
``(i) on effective integration and
use of challenging academic and career
and technical education provided
jointly with academic teachers to the
extent practicable;
``(ii) on effective teaching skills
based on research that includes
promising practices;
``(iii) on effective practices to
improve parental and community
involvement; and
``(iv) on effective use of
scientifically based research and data
to improve instruction;
``(B) are high quality, sustained,
intensive, and classroom-focused in order to
have a positive and lasting impact on classroom
instruction and the teacher's performance in
the classroom, and are not 1-day or short-term
workshops or conferences;
``(C) will help teachers and personnel to
improve student achievement in order to meet
the State adjusted levels of performance
established under section 113;
``(D) will support education programs for
teachers of career and technical education in
public schools and other public school
personnel who are involved in the direct
delivery of educational services to career and
technical education students to ensure that
teachers and personnel--
``(i) stay current with the needs,
expectations, and methods of industry;
``(ii) can effectively develop
rigorous and challenging, integrated
academic and career and technical
education curricula jointly with
academic teachers, to the extent
practicable;
``(iii) develop a higher level of
academic and industry knowledge and
skills in career and technical
education; and
``(iv) effectively use applied
learning that contributes to the
academic and career and technical
knowledge of the student; and
``(E) are coordinated with the teacher
certification or licensing and professional
development activities that the State carries
out under title II of the Elementary and
Secondary Education Act of 1965 and title II of
the Higher Education Act of 1965;
``(4) supporting career and technical education
programs that improve the academic and career and
technical skills of students participating in career
and technical education programs by strengthening the
academic and career and technical components of such
career and technical education programs, through the
integration of coherent and relevant content aligned
with challenging academic standards and relevant career
and technical education, to ensure achievement in--
``(A) the core academic subjects (as
defined in section 9101 of the Elementary and
Secondary Education Act of 1965); and
``(B) career and technical education
subjects;
``(5) providing preparation for non-traditional
fields in current and emerging professions, and other
activities that expose students, including special
populations, to high skill, high wage occupations;
``(6) supporting partnerships among local
educational agencies, institutions of higher education,
adult education providers, and, as appropriate, other
entities, such as employers, labor organizations,
intermediaries, parents, and local partnerships, to
enable students to achieve State academic standards,
and career and technical skills, or complete career and
technical programs of study, as described in section
122(c)(1)(A);
``(7) serving individuals in State institutions,
such as State correctional institutions and
institutions that serve individuals with disabilities;
``(8) support for programs for special populations
that lead to high skill, high wage, or high demand
occupations; and
``(9) technical assistance for eligible recipients.
``(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
``(1) improvement of career guidance and academic
counseling programs that assist students in making
informed academic and career and technical education
decisions, including--
``(A) encouraging secondary and
postsecondary students to graduate with a
diploma or degree; and
``(B) exposing students to high skill, high
wage occupations and non-traditional fields;
``(2) establishment of agreements, including
articulation agreements, between secondary school and
postsecondary career and technical education programs
in order to provide postsecondary education and
training opportunities for students participating in
such career and technical education programs, such as
tech prep programs;
``(3) support for initiatives to facilitate the
transition of subbaccalaureate career and technical
education students into baccalaureate degree programs,
including--
``(A) statewide articulation agreements
between associate degree granting career and
technical postsecondary educational
institutions and baccalaureate degree granting
postsecondary educational institutions;
``(B) postsecondary dual and concurrent
enrollment programs;
``(C) academic and financial aid
counseling; and
``(D) other initiatives--
``(i) to encourage the pursuit of a
baccalaureate degree; and
``(ii) to overcome barriers to
participation in baccalaureate degree
programs, including geographic and
other barriers affecting rural students
and special populations;
``(4) support for career and technical student
organizations, especially with respect to efforts to
increase the participation of students who are members
of special populations;
``(5) support for public charter schools operating
career and technical education programs;
``(6) support for career and technical education
programs that offer experience in, and understanding
of, all aspects of an industry for which students are
preparing to enter;
``(7) support for family and consumer sciences
programs;
``(8) support for partnerships between education
and business or business intermediaries, including
cooperative education and adjunct faculty arrangements
at the secondary and postsecondary levels;
``(9) support to improve or develop new career and
technical education courses and initiatives, including
career clusters, career academies, and distance
education, that prepare individuals academically and
technically for high skill, high wage, or high demand
occupations;
``(10) awarding incentive grants to eligible
recipients--
``(A) for exemplary performance in carrying
out programs under this Act, which awards shall
be based on--
``(i) eligible recipients exceeding
the local adjusted levels of
performance established under section
113(b) in a manner that reflects
sustained or significant improvement;
``(ii) eligible recipients
effectively developing connections
between secondary education and
postsecondary education and training;
``(iii) the adoption and
integration of coherent and rigorous
content aligned with challenging
academic standards and technical
coursework;
``(iv) eligible recipients'
progress in having special populations
who participate in career and technical
education programs meet local adjusted
levels of performance; or
``(v) other factors relating to the
performance of eligible recipients
under this Act as the eligible agency
determines are appropriate; or
``(B) if an eligible recipient elects to
use funds as permitted under section
135(c)(19);
``(11) providing for activities to support
entrepreneurship education and training;
``(12) providing career and technical education
programs for adults and school dropouts to complete
their secondary school education, in coordination, to
the extent practicable, with activities authorized
under the Adult Education and Family Literacy Act;
``(13) providing assistance to individuals, who
have participated in services and activities under this
title, in continuing the individuals' education or
training or finding appropriate jobs, such as through
referral to the system established under section 121 of
Public Law 105-220;
``(14) developing valid and reliable assessments of
technical skills;
``(15) developing and enhancing data systems to
collect and analyze data on secondary and postsecondary
academic and employment outcomes;
``(16) improving--
``(A) the recruitment and retention of
career and technical education teachers,
faculty, administrators, and career guidance
and academic counselors, including individuals
in groups underrepresented in the teaching
profession; and
``(B) the transition to teaching from
business and industry, including small
business; and
``(17) support for occupational and employment
information resources, such as those described in
section 118.
``(d) Restriction on Uses of Funds.--An eligible agency
that receives funds under section 112(a)(2) may not use any of
such funds for administrative costs.
``PART C--LOCAL PROVISIONS
``SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PROGRAMS.
``(a) Distribution Rules.--Except as provided in section
133 and as otherwise provided in this section, each eligible
agency shall distribute the portion of funds made available
under section 112(a)(1) to carry out this section to local
educational agencies within the State as follows:
``(1) Thirty percent.--Thirty percent shall be
allocated to such local educational agencies in
proportion to the number of individuals aged 5 through
17, inclusive, who reside in the school district served
by such local educational agency for the preceding
fiscal year compared to the total number of such
individuals who reside in the school districts served
by all local educational agencies in the State for such
preceding fiscal year, as determined on the basis of
the most recent satisfactory--
``(A) data provided to the Secretary by the
Bureau of the Census for the purpose of
determining eligibility under title I of the
Elementary and Secondary Education Act of 1965;
or
``(B) student membership data collected by
the National Center for Education Statistics
through the Common Core of Data survey system.
``(2) Seventy percent.--Seventy percent shall be
allocated to such local educational agencies in
proportion to the number of individuals aged 5 through
17, inclusive, who reside in the school district served
by such local educational agency and are from families
below the poverty level for the preceding fiscal year,
as determined on the basis of the most recent
satisfactory data used under section 1124(c)(1)(A) of
the Elementary and Secondary Education Act of 1965,
compared to the total number of such individuals who
reside in the school districts served by all the local
educational agencies in the State for such preceding
fiscal year.
``(3) Adjustments.--Each eligible agency, in making
the allocations under paragraphs (1) and (2), shall
adjust the data used to make the allocations to--
``(A) reflect any change in school district
boundaries that may have occurred since the
data were collected; and
``(B) include local educational agencies
without geographical boundaries, such as
charter schools and secondary schools funded by
the Bureau of Indian Affairs.
``(b) Waiver for More Equitable Distribution.--The
Secretary may waive the application of subsection (a) in the
case of any eligible agency that submits to the Secretary an
application for such a waiver that--
``(1) demonstrates that a proposed alternative
formula more effectively targets funds on the basis of
poverty (as defined by the Office of Management and
Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) to local educational agencies within
the State than the formula described in subsection (a);
and
``(2) includes a proposal for such an alternative
formula.
``(c) Minimum Allocation.--
``(1) In general.--Except as provided in paragraph
(2), a local educational agency shall not receive an
allocation under subsection (a) unless the amount
allocated to such agency under subsection (a) is
greater than $15,000. A local educational agency may
enter into a consortium with other local educational
agencies for purposes of meeting the minimum allocation
requirement of this paragraph.
``(2) Waiver.--The eligible agency shall waive the
application of paragraph (1) in any case in which the
local educational agency--
``(A)(i) is located in a rural, sparsely
populated area; or
``(ii) is a public charter school operating
secondary school career and technical education
programs; and
``(B) demonstrates that the local
educational agency is unable to enter into a
consortium for purposes of providing activities
under this part.
``(3) Redistribution.--Any amounts that are not
allocated by reason of paragraph (1) or paragraph (2)
shall be redistributed to local educational agencies
that meet the requirements of paragraph (1) or (2) in
accordance with the provisions of this section.
``(d) Limited Jurisdiction Agencies.--
``(1) In general.--In applying the provisions of
subsection (a), no eligible agency receiving assistance
under this title shall allocate funds to a local
educational agency that serves only elementary schools,
but shall distribute such funds to the local
educational agency or regional educational agency that
provides secondary school services to secondary school
students in the same attendance area.
``(2) Special rule.--The amount to be allocated
under paragraph (1) to a local educational agency that
has jurisdiction only over secondary schools shall be
determined based on the number of students that entered
such secondary schools in the previous year from the
elementary schools involved.
``(e) Allocations to Area Career and Technical Education
Schools and Educational Service Agencies.--
``(1) In general.--Each eligible agency shall
distribute the portion of funds made available under
section 112(a)(1) for any fiscal year by such eligible
agency for career and technical education activities at
the secondary level under this section to the
appropriate area career and technical education school
or educational service agency in any case in which the
area career and technical education school or
educational service agency, and the local educational
agency concerned--
``(A) have formed or will form a consortium
for the purpose of receiving funds under this
section; or
``(B) have entered into or will enter into
a cooperative arrangement for such purpose.
``(2) Allocation basis.--If an area career and
technical education school or educational service
agency meets the requirements of paragraph (1), then
the amount that would otherwise be distributed to the
local educational agency shall be allocated to the area
career and technical education school, the educational
service agency, and the local educational agency based
on each school, agency or entity's relative share of
students who are attending career and technical
education programs (based, if practicable, on the
average enrollment for the preceding 3 years).
``(3) Appeals procedure.--The eligible agency shall
establish an appeals procedure for resolution of any
dispute arising between a local educational agency and
an area career and technical education school or an
educational service agency with respect to the
allocation procedures described in this section,
including the decision of a local educational agency to
leave a consortium or terminate a cooperative
arrangement.
``(f) Consortium Requirements.--
``(1) Alliance.--Any local educational agency
receiving an allocation that is not sufficient to
conduct a program which meets the requirements of
section 135 is encouraged to--
``(A) form a consortium or enter into a
cooperative agreement with an area career and
technical education school or educational
service agency offering programs that meet the
requirements of section 135;
``(B) transfer such allocation to the area
career and technical education school or
educational service agency; and
``(C) operate programs that are of
sufficient size, scope, and quality to be
effective.
``(2) Funds to consortium.--Funds allocated to a
consortium formed to meet the requirements of this
subsection shall be used only for purposes and programs
that are mutually beneficial to all members of the
consortium and can be used only for programs authorized
under this title. Such funds may not be reallocated to
individual members of the consortium for purposes or
programs benefitting only 1 member of the consortium.
``(g) Data.--The Secretary shall collect information from
eligible agencies regarding the specific dollar allocations
made available by the eligible agency for career and technical
education programs under subsections (a), (b), (c), (d), and
(e) and how these allocations are distributed to local
educational agencies, area career and technical education
schools, and educational service agencies, within the State in
accordance with this section.
``(h) Special Rule.--Each eligible agency distributing
funds under this section shall treat a secondary school funded
by the Bureau of Indian Affairs within the State as if such
school were a local educational agency within the State for the
purpose of receiving a distribution under this section.
``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDUCATION PROGRAMS.
``(a) Allocation.--
``(1) In general.--Except as provided in
subsections (b) and (c) and section 133, each eligible
agency shall distribute the portion of the funds made
available under section 112(a)(1) to carry out this
section for any fiscal year to eligible institutions or
consortia of eligible institutions within the State.
``(2) Formula.--Each eligible institution or
consortium of eligible institutions shall be allocated
an amount that bears the same relationship to the
portion of funds made available under section 112(a)(1)
to carry out this section for any fiscal year as the
sum of the number of individuals who are Federal Pell
Grant recipients and recipients of assistance from the
Bureau of Indian Affairs enrolled in programs meeting
the requirements of section 135 offered by such
institution or consortium in the preceding fiscal year
bears to the sum of the number of such recipients
enrolled in such programs within the State for such
year.
``(3) Consortium requirements.--
``(A) In general.--In order for a
consortium of eligible institutions described
in paragraph (2) to receive assistance pursuant
to such paragraph, such consortium shall
operate joint projects that--
``(i) provide services to all
postsecondary institutions
participating in the consortium; and
``(ii) are of sufficient size,
scope, and quality to be effective.
``(B) Funds to consortium.--Funds allocated
to a consortium formed to meet the requirements
of this section shall be used only for purposes
and programs that are mutually beneficial to
all members of the consortium and shall be used
only for programs authorized under this title.
Such funds may not be reallocated to individual
members of the consortium for purposes or
programs benefitting only 1 member of the
consortium.
``(4) Waiver.--The eligible agency may waive the
application of paragraph (3)(A)(i) in any case in which
the eligible institution is located in a rural,
sparsely populated area.
``(b) Waiver for More Equitable Distribution.--The
Secretary may waive the application of subsection (a) if an
eligible agency submits to the Secretary an application for
such a waiver that--
``(1) demonstrates that the formula described in
subsection (a) does not result in a distribution of
funds to the eligible institutions or consortia within
the State that have the highest numbers of economically
disadvantaged individuals and that an alternative
formula will result in such a distribution; and
``(2) includes a proposal for such an alternative
formula.
``(c) Minimum Grant Amount.--
``(1) In general.--No institution or consortium
shall receive an allocation under this section in an
amount that is less than $50,000.
``(2) Redistribution.--Any amounts that are not
distributed by reason of paragraph (1) shall be
redistributed to eligible institutions or consortia in
accordance with this section.
``SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
``(a) Special Rule for Minimal Allocation.--
``(1) General authority.--Notwithstanding the
provisions of sections 131 and 132 and in order to make
a more equitable distribution of funds for programs
serving the areas of greatest economic need, for any
program year for which a minimal amount is made
available by an eligible agency for distribution under
section 131 or 132, such eligible agency may distribute
such minimal amount for such year--
``(A) on a competitive basis; or
``(B) through any alternative method
determined by the eligible agency.
``(2) Minimal amount.--For purposes of this
section, the term `minimal amount' means not more than
15 percent of the total amount made available for
distribution under section 112(a)(1).
``(b) Redistribution.--
``(1) In general.--In any academic year that an
eligible recipient does not expend all of the amounts
the eligible recipient is allocated for such year under
section 131 or 132, such eligible recipient shall
return any unexpended amounts to the eligible agency to
be reallocated under section 131 or 132, as
appropriate.
``(2) Redistribution of amounts returned late in an
academic year.--In any academic year in which amounts
are returned to the eligible agency under section 131
or 132 and the eligible agency is unable to reallocate
such amounts according to such sections in time for
such amounts to be expended in such academic year, the
eligible agency shall retain suchamounts for
distribution in combination with amounts provided under section
112(a)(1) for the following academic year.
``(c) Construction.--Nothing in section 131 or 132 shall be
construed--
``(1) to prohibit a local educational agency or a
consortium thereof that receives assistance under
section 131, from working with an eligible institution
or consortium thereof that receives assistance under
section 132, to carry out career and technical
education programs at the secondary level in accordance
with this title;
``(2) to prohibit an eligible institution or
consortium thereof that receives assistance under
section 132, from working with a local educational
agency or consortium thereof that receives assistance
under section 131, to carry out postsecondary and adult
career and technical education programs in accordance
with this title; or
``(3) to require a charter school, that provides
career and technical education programs and is
considered a local educational agency under State law,
to jointly establish the charter school's eligibility
for assistance under this title unless the charter
school is explicitly permitted to do so under the
State's charter school statute.
``(d) Consistent Application.--For purposes of this
section, the eligible agency shall provide funds to charter
schools offering career and technical education programs in the
same manner as the eligible agency provides those funds to
other schools. Such career and technical education programs
within a charter school shall be of sufficient size, scope, and
quality to be effective.
``SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.
``(a) Local Plan Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in
consultation with such other educational training entities as
the eligible agency determines to be appropriate) submit a
local plan to the eligible agency. Such local plan shall cover
the same period of time as the period of time applicable to the
State plan submitted under section 122.
``(b) Contents.--The eligible agency shall determine the
requirements for local plans, except that each local plan
shall--
``(1) describe how the career and technical
education programs required under section 135(b) will
be carried out with funds received under this title;
``(2) describe how the career and technical
education activities will be carried out with respect
to meeting State and local adjusted levels of
performance established under section 113;
``(3) describe how the eligible recipient will--
``(A) offer the appropriate courses of not
less than 1 of the career and technical
programs of study described in section
122(c)(1)(A);
``(B) improve the academic and technical
skills of students participating in career and
technical education programs by strengthening
the academic and career and technical education
components of such programs through the
integration of coherent and rigorous content
aligned with challenging academic standards and
relevant career and technical education
programs to ensure learning in--
``(i) the core academic subjects
(as defined in section 9101 of the
Elementary and Secondary Education Act
of 1965); and
``(ii) career and technical
education subjects;
``(C) provide students with strong
experience in, and understanding of, all
aspects of an industry;
``(D) ensure that students who participate
in such career and technical education programs
are taught to the same coherent and rigorous
content aligned with challenging academic
standards as are taught to all other students;
and
``(E) encourage career and technical
education students at the secondary level to
enroll in rigorous and challenging courses in
core academic subjects (as defined in section
9101 of the Elementary and Secondary Education
Act of 1965);
``(4) describe how comprehensive professional
development (including initial teacher preparation) for
career and technical education, academic, guidance, and
administrative personnel will be provided that promotes
the integration of coherent and rigorous content
aligned with challenging academic standards and
relevant career and technical education (including
curriculum development);
``(5) describe how parents, students, academic and
career and technical education teachers, faculty,
administrators, career guidance and academic
counselors, representatives of tech prep consortia (if
applicable), representatives of the entities
participating in activities described in section 117 of
Public Law 105-220 (if applicable), representatives of
business (including small business) and industry, labor
organizations, representatives of special populations,
and other interested individuals are involved in the
development, implementation, and evaluation of career
and technical education programs assisted under this
title, and how such individuals and entities are
effectively informed about, and assisted in
understanding, the requirements of this title,
including career and technical programs of study;
``(6) provide assurances that the eligible
recipient will provide a career and technical education
program that is of such size, scope, and quality to
bring about improvement in the quality of career and
technical education programs;
``(7) describe the process that will be used to
evaluate and continuously improve the performance of
the eligible recipient;
``(8) describe how the eligible recipient will--
``(A) review career and technical education
programs, and identify and adopt strategies to
overcome barriers that result in lowering rates
of access to or lowering success in the
programs, for special populations;
``(B) provide programs that are designed to
enable the special populations to meet the
local adjusted levels of performance; and
``(C) provide activities to prepare special
populations, including single parents and
displaced homemakers, for high skill, high
wage, or high demand occupations that will lead
to self-sufficiency;
``(9) describe how individuals who are members of
special populations will not be discriminated against
on the basis of their status as members of the special
populations;
``(10) describe how funds will be used to promote
preparation for non-traditional fields;
``(11) describe how career guidance and academic
counseling will be provided to career and technical
education students, including linkages to future
education and training opportunities; and
``(12) describe efforts to improve--
``(A) the recruitment and retention of
career and technical education teachers,
faculty, and career guidance and academic
counselors, including individuals in groups
underrepresented in the teaching profession;
and
``(B) the transition to teaching from
business and industry.
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that
receives funds under this part shall use such funds to improve
career and technical education programs.
``(b) Requirements for Uses of Funds.--Funds made available
to eligible recipients under this part shall be used to support
career and technical education programs that--
``(1) strengthen the academic and career and
technical skills of students participating in career
and technical education programs, by strengthening the
academic and career and technical education components
of such programs through the integration of academics
with career and technical education programs through a
coherent sequence of courses, such as career and
technical programs of study described in section
122(c)(1)(A), to ensure learning in--
``(A) the core academic subjects (as
defined in section 9101 of the Elementary and
Secondary Education Act of 1965); and
``(B) career and technical education
subjects;
``(2) link career and technical education at the
secondary level and career and technical education at
the postsecondary level, including by offering the
relevant elements of not less than 1 career and
technical program of study described in section
122(c)(1)(A);
``(3) provide students with strong experience in
and understanding of all aspects of an industry, which
may include work-based learning experiences;
``(4) develop, improve, or expand the use of
technology in career and technical education, which may
include--
``(A) training of career and technical
education teachers, faculty, and administrators
to use technology, which may include distance
learning;
``(B) providing career and technical
education students with the academic and career
and technical skills (including the mathematics
and science knowledge that provides a strong
basis for such skills) that lead to entry into
the technology fields; or
``(C) encouraging schools to collaborate
with technology industries to offer voluntary
internships and mentoring programs, including
programs that improve the mathematics and
science knowledge of students;
``(5) provide professional development programs
that are consistent with section 122 to secondary and
postsecondary teachers, faculty, administrators, and
career guidance and academic counselors who are
involved in integrated career and technical education
programs, including--
``(A) in-service and preservice training
on--
``(i) effective integration and use
of challenging academic and career and
technical education provided jointly
with academic teachers to the extent
practicable;
``(ii) effective teaching skills
based on research that includes
promising practices;
``(iii) effective practices to
improve parental and community
involvement; and
``(iv) effective use of
scientifically based research and data
to improve instruction;
``(B) support of education programs for
teachers of career and technical education in
public schools and other public school
personnel who are involved in the direct
delivery of educational services to career and
technical education students, to ensure that
such teachers and personnel stay current with
all aspects of an industry;
``(C) internship programs that provide
relevant business experience; and
``(D) programs designed to train teachers
specifically in the effective use and
application of technology to improve
instruction;
``(6) develop and implement evaluations of the
career and technical education programs carried out
with funds under this title, including an assessment of
how the needs of special populations are being met;
``(7) initiate, improve, expand, and modernize
quality career and technical education programs,
including relevant technology;
``(8) provide services and activities that are of
sufficient size, scope, and quality to be effective;
and
``(9) provide activities to prepare special
populations, including single parents and displaced
homemakers who are enrolled in career and technical
education programs, for high skill, high wage, or high
demand occupations that will lead to self-sufficiency.
``(c) Permissive.--Funds made available to an eligible
recipient under this title may be used--
``(1) to involve parents, businesses, and labor
organizations as appropriate, in the design,
implementation, and evaluation of career and technical
education programs authorized under this title,
including establishing effective programs and
procedures to enable informed and effective
participation in such programs;
``(2) to provide career guidance and academic
counseling, which may include information described in
section 118, forstudents participating in career and
technical education programs, that--
``(A) improves graduation rates and
provides information on postsecondary and
career options, including baccalaureate degree
programs, for secondary students, which
activities may include the use of graduation
and career plans; and
``(B) provides assistance for postsecondary
students, including for adult students who are
changing careers or updating skills;
``(3) for local education and business (including
small business) partnerships, including for--
``(A) work-related experiences for
students, such as internships, cooperative
education, school-based enterprises,
entrepreneurship, and job shadowing that are
related to career and technical education
programs;
``(B) adjunct faculty arrangements for
qualified industry professionals; and
``(C) industry experience for teachers and
faculty;
``(4) to provide programs for special populations;
``(5) to assist career and technical student
organizations;
``(6) for mentoring and support services;
``(7) for leasing, purchasing, upgrading or
adapting equipment, including instructional aids and
publications (including support for library resources)
designed to strengthen and support academic and
technical skill achievement;
``(8) for teacher preparation programs that address
the integration of academic and career and technical
education and that assist individuals who are
interested in becoming career and technical education
teachers and faculty, including individuals with
experience in business and industry;
``(9) to develop and expand postsecondary program
offerings at times and in formats that are accessible
for students, including working students, including
through the use of distance education;
``(10) to develop initiatives that facilitate the
transition of subbaccalaureate career and technical
education students into baccalaureate degree programs,
including--
``(A) articulation agreements between sub-
baccalaureate degree granting career and
technical education postsecondary educational
institutions and baccalaureate degree granting
postsecondary educational institutions;
``(B) postsecondary dual and concurrent
enrollment programs;
``(C) academic and financial aid counseling
for sub-baccalaureate career and technical
education students that informs the students of
the opportunities for pursuing a baccalaureate
degree and advises the students on how to meet
any transfer requirements; and
``(D) other initiatives--
``(i) to encourage the pursuit of a
baccalaureate degree; and
``(ii) to overcome barriers to
enrollment in and completion of
baccalaureate degree programs,
including geographic and other barriers
affecting rural students and special
populations;
``(11) to provide activities to support
entrepreneurship education and training;
``(12) for improving or developing new career and
technical education courses, including the development
of new proposed career and technical programs of study
for consideration by the eligible agency and courses
that prepare individuals academically and technically
for high skill, high wage, or high demand occupations
and dual or concurrent enrollment opportunities by
which career and technical education students at the
secondary level could obtain postsecondary credit to
count towards an associate or baccalaureate degree;
``(13) to develop and support small, personalized
career-themed learning communities;
``(14) to provide support for family and consumer
sciences programs;
``(15) to provide career and technical education
programs for adults and school dropouts to complete the
secondary school education, or upgrade the technical
skills, of the adults and school dropouts;
``(16) to provide assistance to individuals who
have participated in services and activities under this
Act in continuing their education or training or
finding an appropriate job, such as through referral to
the system established under section 121 of Public Law
105-220 (29 U.S.C. 2801 et seq.);
``(17) to support training and activities (such as
mentoring and outreach) in non-traditional fields;
``(18) to provide support for training programs in
automotive technologies;
``(19) to pool a portion of such funds with a
portion of funds available to not less than 1 other
eligible recipient for innovative initiatives, which
may include--
``(A) improving the initial preparation and
professional development of career and
technical education teachers, faculty,
administrators, and counselors;
``(B) establishing, enhancing, or
supporting systems for--
``(i) accountability data
collection under this Act; or
``(ii) reporting data under this
Act;
``(C) implementing career and technical
programs of study described in section
122(c)(1)(A); or
``(D) implementing technical assessments;
and
``(20) to support other career and technical
education activities that are consistent with the
purpose of this Act.
``(d) Administrative Costs.--Each eligible recipient
receiving funds under this part shall not use more than 5
percent of the funds for administrative costs associated with
the administration of activities assisted under this section.
``TITLE II--TECH PREP EDUCATION
``SEC. 201. STATE ALLOTMENT AND APPLICATION.
``(a) In General.--For any fiscal year, the Secretary shall
allot the amount made available under section 206 among the
States in the same manner as funds are allotted to States under
paragraph (2) of section 111(a).
``(b) Payments to Eligible Agencies.--The Secretary shall
make a payment in the amount of a State's allotment under
subsection (a) to the eligible agency that serves the State and
has an application approved under subsection (c).
``(c) State Application.--Each eligible agency desiring an
allotment under this title shall submit, as part of its State
plan under section 122, an application that--
``(1) describes how activities under this title
will be coordinated, to the extent practicable, with
activities described in the State plan submitted under
section 122; and
``(2) contains such information as the Secretary
may require.
``SEC. 202. CONSOLIDATION OF FUNDS.
``(a) In General.--An eligible agency receiving an
allotment under sections 111 and 201 may choose to consolidate
all, or a portion of, funds received under section 201 with
funds received under section 111 in order to carry out the
activities described in the State plan submitted under section
122.
``(b) Notification Requirement.--Each eligible agency that
chooses to consolidate funds under this section shall notify
the Secretary, in the State plan submitted under section 122,
of the eligible agency's decision to consolidate funds under
this section.
``(c) Treatment of Consolidated Funds.--Funds consolidated
under this section shall be considered as funds allotted under
section 111 and shall be distributed in accordance with section
112.
``SEC. 203. TECH PREP PROGRAM.
``(a) Grant Program Authorized.--
``(1) In general.--From amounts made available to
each eligible agency under section 201, the eligible
agency, in accordance with the provisions of this
title, shall award grants, on a competitive basis or on
the basis of a formula determined by the eligible
agency, for tech prep programs described in subsection
(c). The grants shall be awarded to consortia between
or among--
``(A) a local educational agency, an
intermediate educational agency, educational
service agency, or area career and technical
education school, serving secondary school
students, or a secondary school funded by the
Bureau of Indian Affairs; and
``(B)(i) a nonprofit institution of higher
education that--
``(I)(aa) offers a 2-year associate
degree program or a 2-year certificate
program; and
``(bb) is qualified as an
institution of higher education
pursuant to section 102 of the Higher
Education Act of 1965, including--
``(AA) an institution
receiving assistance under the
Tribally Controlled College or
University Assistance Act of
1978 (25 U.S.C. 1801 et seq.);
and
``(BB) a tribally
controlled postsecondary career
and technical institution; or
``(II) offers a 2-year
apprenticeship program that follows
secondary education instruction,
if such nonprofit institution of higher
education is not prohibited from receiving
assistance under part B of title IV of the
Higher Education Act of 1965 pursuant to the
provisions of section 435(a)(2) of such Act; or
``(ii) a proprietary institution of higher
education that offers a 2-year associate degree
program and is qualified as an institution of
higher education pursuant to section 102 of the
Higher Education Act of 1965, if such
proprietary institution of higher education is
not subject to a default management plan
required by the Secretary.
``(2) Special rule.--In addition, a consortium
described in paragraph (1) may include 1 or more--
``(A) institutions of higher education that
award a baccalaureate degree; and
``(B) employers (including small
businesses), business intermediaries, or labor
organizations.
``(b) Duration.--Each consortium receiving a grant under
this title shall use amounts provided under the grant to
develop and operate a 4- or 6-year tech prep program described
in subsection (c).
``(c) Contents of Tech Prep Program.--Each tech prep
program shall--
``(1) be carried out under an articulation
agreement between the participants in the consortium;
``(2) consist of a program of study that--
``(A) combines--
``(i) a minimum of 2 years of
secondary education (as determined
under State law); with
``(ii)(I) a minimum of 2 years of
postsecondary education in a
nonduplicative, sequential course of
study; or
``(II) an apprenticeship program of
not less than 2 years following
secondary education instruction; and
``(B) integrates academic and career and
technical education instruction, and utilizes
work-based and worksite learning experiences
where appropriate and available;
``(C) provides technical preparation in a
career field, including high skill, high wage,
or high demand occupations;
``(D) builds student competence in
technical skills and in core academic subjects
(as defined in section 9101 of the Elementary
and Secondary Education Act of 1965), as
appropriate, through applied, contextual, and
integrated instruction, in a coherent sequence
of courses;
``(E) leads to technical skill proficiency,
an industry-recognized credential, a
certificate, or a degree, in a specific career
field;
``(F) leads to placement in high skill or
high wage employment, or to further education;
and
``(G) utilizes career and technical
education programs of study, to the extent
practicable;
``(3) include the development of tech prep programs
for secondary education and postsecondary education
that--
``(A) meet academic standards developed by
the State;
``(B) link secondary schools and 2-year
postsecondary institutions, and if possible and
practicable, 4-year institutions of higher
education, through--
``(i) nonduplicative sequences of
courses in career fields;
``(ii) the use of articulation
agreements; and
``(iii) the investigation of
opportunities for tech prep secondary
education students to enroll
concurrently in secondary education and
postsecondary education coursework;
``(C) use, if appropriate and available,
work-based or worksite learning experiences in
conjunction with business and all aspects of an
industry; and
``(D) use educational technology and
distance learning, as appropriate, to involve
all the participants in the consortium more
fully in the development and operation of
programs;
``(4) include in-service professional development
for teachers, faculty, and administrators that--
``(A) supports effective implementation of
tech prep programs;
``(B) supports joint training in the tech
prep consortium;
``(C) supports the needs, expectations, and
methods of business and all aspects of an
industry;
``(D) supports the use of contextual and
applied curricula, instruction, and assessment;
``(E) supports the use and application of
technology; and
``(F) assists in accessing and utilizing
data, information available pursuant to section
118, and information on student achievement,
including assessments;
``(5) include professional development programs for
counselors designed to enable counselors to more
effectively--
``(A) provide information to students
regarding tech prep programs;
``(B) support student progress in
completing tech prep programs, which may
include the use of graduation and career plans;
``(C) provide information on related
employment opportunities;
``(D) ensure that students are placed in
appropriate employment or further postsecondary
education;
``(E) stay current with the needs,
expectations, and methods of business and all
aspects of an industry; and
``(F) provide comprehensive career guidance
and academic counseling to participating
students, including special populations;
``(6) provide equal access, to the full range of
technical preparation programs (including
preapprenticeship programs), to individuals who are
members of special populations, including the
development of tech prep program services appropriate
to the needs of special populations;
``(7) provide for preparatory services that assist
participants in tech prep programs; and
``(8) coordinate with activities conducted under
title I.
``(d) Additional Authorized Activities.--Each tech prep
program may--
``(1) provide for the acquisition of tech prep
program equipment;
``(2) acquire technical assistance from State or
local entities that have designed, established, and
operated tech prep programs that have effectively used
educational technology and distance learning in the
delivery of curricula and services;
``(3) establish articulation agreements with
institutions of higher education, labor organizations,
or businesses located inside or outside the State and
served by the consortium, especially with regard to
using distance learning and educational technology to
provide for the delivery of services and programs;
``(4) improve career guidance and academic
counseling for participating students through the
development and implementation of graduation and career
plans; and
``(5) develop curriculum that supports effective
transitions between secondary and postsecondary career
and technical education programs.
``(e) Indicators of Performance and Accountability.--
``(1) In general.--Each consortium shall establish
and report to the eligible agency indicators of
performance for each tech prep program for which the
consortium receives a grant under this title. The
indicators of performance shall include the following:
``(A) The number of secondary education
tech prep students and postsecondary education
tech prep students served.
``(B) The number and percent of secondary
education tech prep students enrolled in the
tech prep program who--
``(i) enroll in postsecondary
education;
``(ii) enroll in postsecondary
education in the same field or major as
the secondary education tech prep
students were enrolled at the secondary
level;
``(iii) complete a State or
industry-recognized certification or
licensure;
``(iv) successfully complete, as a
secondary school student, courses that
award postsecondary credit at the
secondary level; and
``(v) enroll in remedial
mathematics, writing, or reading
courses upon entering postsecondary
education.
``(C) The number and percent of
postsecondary education tech prep students
who--
``(i) are placed in a related field
of employment not later than 12 months
after graduation from the tech prep
program;
``(ii) complete a State or
industry-recognized certification or
licensure;
``(iii) complete a 2-year degree or
certificate program within the normal
time for completion of such program;
and
``(iv) complete a baccalaureate
degree program within the normal time
for completion of such program.
``(2) Number and percent.--For purposes of
subparagraphs (B) and (C) of paragraph (1), the numbers
and percentages shall be determined separately with
respect to each clause of each such subparagraph.
``SEC. 204. CONSORTIUM APPLICATIONS.
``(a) In General.--Each consortium that desires to receive
a grant under this title shall submit an application to the
eligible agency at such time and in such manner as the eligible
agency shall require.
``(b) Plan.--Each application submitted under this section
shall contain a 6-year plan for the development and
implementation of tech prep programs under this title, which
plan shall be reviewed after the second year of the plan.
``(c) Approval.--The eligible agency shall approve
applications under this title based on the potential of the
activities described in the application to create an effective
tech prep program.
``(d) Special Consideration.--The eligible agency, as
appropriate, shall give special consideration to applications
that--
``(1) provide for effective employment placement
activities or the transfer of students to baccalaureate
or advanced degree programs;
``(2) are developed in consultation with business,
industry, institutions of higher education, and labor
organizations;
``(3) address effectively the issues of school
dropout prevention and reentry, and the needs of
special populations;
``(4) provide education and training in an area or
skill, including an emerging technology, in which there
is a significant workforce shortage based on the data
provided by the eligible entity in the State under
section 118;
``(5) demonstrate how tech prep programs will help
students meet high academic and employability
competencies; and
``(6) demonstrate success in, or provide assurances
of, coordination and integration with eligible
recipients described in part C of title I.
``(e) Performance Levels.--
``(1) In general.--Each consortium receiving a
grant under this title shall enter into an agreement
with the eligible agency to meet a minimum level of
performance for each of the performance indicators
described in sections 113(b) and 203(e).
``(2) Resubmission of application; termination of
funds.--An eligible agency--
``(A) shall require consortia that do not
meet the performance levels described in
paragraph (1) for 3 consecutive years to
resubmit an application to the eligible agency
for a tech prep program grant; and
``(B) may choose to terminate the funding
for the tech prep program for a consortium that
does not meet the performance levels described
in paragraph (1) for 3 consecutive years,
including when the grants are made on the basis
of a formula determined by the eligible agency.
``(f) Equitable Distribution of Assistance.--In awarding
grants under this title, the eligible agency shall ensure an
equitable distribution of assistance between or among urban and
rural participants in the consortium.
``SEC. 205. REPORT.
``Each eligible agency that receives an allotment under
this title annually shall prepare and submit to the Secretary a
report on the effectiveness of the tech prep programs assisted
under this title, including a description of how grants were
awarded within the State.
``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2007 and
each of the 5 succeeding fiscal years.
``TITLE III--GENERAL PROVISIONS
``PART A--FEDERAL ADMINISTRATIVE PROVISIONS
``SEC. 311. FISCAL REQUIREMENTS.
``(a) Supplement Not Supplant.--Funds made available under
this Act for career and technical education activities shall
supplement, and shall not supplant, non-Federal funds expended
to carry out career and technical education activities and tech
prep program activities.
``(b) Maintenance of Effort.--
``(1) Determination.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be
made under this Act for any fiscal year to a
State for career and technical education
programs or tech prep programs unless the
Secretary determines that the fiscal effort per
student or the aggregate expenditures of such
State for career and technical education
programs for the fiscal year preceding the
fiscal year for which the determination is
made, equaled or exceeded such effort or
expenditures for career and technical education
programs for the second fiscal year preceding
the fiscal year for which the determination is
made.
``(B) Computation.--In computing the fiscal
effort or aggregate expenditures pursuant to
subparagraph (A), the Secretary shall exclude
capital expenditures, special 1-time project
costs, and the cost of pilot programs.
``(C) Decrease in federal support.--If the
amount made available for career and technical
education programs under this Act for a fiscal
year is less than the amount made available for
career and technical education programs under
this Act for the preceding fiscal year, then
the fiscal effort per student or the aggregate
expenditures of a State required by
subparagraph (A) for the preceding fiscal year
shall be decreased by the same percentage as
the percentage decrease in the amount so made
available.
``(2) Waiver.--The Secretary may waive the
requirements of this section, with respect to not more
than 5 percent of expenditures by any eligible agency
for 1 fiscal year only, on making a determination that
such waiver would be equitable due to exceptional or
uncontrollable circumstances affecting the ability of
the eligible agency to meet such requirements, such as
a natural disaster or an unforeseen and precipitous
decline in financial resources. No level of funding
permitted under such a waiver may be used as the basis
for computing the fiscal effort or aggregate
expenditures required under this section for years
subsequent to the year covered by such waiver. The
fiscal effort or aggregate expenditures for the
subsequent years shall be computed on the basis of the
level of funding that would, but for such waiver, have
been required.
``SEC. 312. AUTHORITY TO MAKE PAYMENTS.
``Any authority to make payments or to enter into contracts
under this Act shall be available only to such extent or in
such amounts as are provided in advance in appropriation Acts.
``SEC. 313. CONSTRUCTION.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
a private, religious, or home school, regardless of whether a
home school is treated as a private school or home school under
State law. This section shall not be construed to bar students
attending private, religious, or home schools from
participation in programs or services under this Act.
``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.
``No funds made available under this Act shall be used--
``(1) to require any secondary school student to
choose or pursue a specific career path or major; or
``(2) to mandate that any individual participate in
a career and technical education program, including a
career and technical education program that requires
the attainment of a federally funded skill level,
standard, or certificate of mastery.
``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.
``No funds received under this Act may be used to provide
career and technical education programs to students prior to
the seventh grade, except that equipment and facilities
purchased with funds under this Act may be used by such
students.
``SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
``Nothing in this Act shall be construed to be inconsistent
with applicable Federal law prohibiting discrimination on the
basis of race, color, sex, national origin, age, or disability
in the provision of Federal programs or services.
``SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND CHILDREN.
``(a) Personnel.--An eligible agency or eligible recipient
that uses funds under this Act for in-service and preservice
career and technical education professional development
programs for career and technical education teachers,
administrators, and other personnel shall, to the extent
practicable, upon written request, permit the participation in
such programs of career and technical education secondary
school teachers, administrators, and other personnel in
nonprofit private schools offering career and technical
secondary education programs located in the geographical area
served by such eligible agency or eligible recipient.
``(b) Student Participation.--
``(1) Student participation.--Except as prohibited
by State or local law, an eligible recipient may, upon
written request, use funds made available under this
Act to provide for the meaningful participation, in
career and technical education programs and activities
receiving funding under this Act, of secondary school
students attending nonprofit private schools who reside
in the geographical area served by the eligible
recipient.
``(2) Consultation.--An eligible recipient shall
consult, upon written request, in a timely and
meaningful manner with representatives of nonprofit
private schools in the geographical area served by the
eligible recipient described in paragraph (1) regarding
the meaningful participation, in career and technical
education programs and activities receiving funding
under this Act, of secondary school students attending
nonprofit private schools.
``SEC. 318. LIMITATION ON FEDERAL REGULATIONS.
``The Secretary may issue regulations under this Act only
to the extent necessary to administer and ensure compliance
with the specific requirements of this Act.
``PART B--STATE ADMINISTRATIVE PROVISIONS
``SEC. 321. JOINT FUNDING.
``(a) General Authority.--Funds made available to eligible
agencies under this Act may be used to provide additional funds
under an applicable program if--
``(1) such program otherwise meets the requirements
of this Act and the requirements of the applicable
program;
``(2) such program serves the same individuals that
are served under this Act;
``(3) such program provides services in a
coordinated manner with services provided under this
Act; and
``(4) such funds are used to supplement, and not
supplant, funds provided from non-Federal sources.
``(b) Applicable Program.--For the purposes of this
section, the term `applicable program' means any program under
any of the following provisions of law:
``(1) Chapters 4 and 5 of subtitle B of title I of
Public Law 105-220.
``(2) The Wagner-Peyser Act.
``(c) Use of Funds as Matching Funds.--For the purposes of
this section, the term `additional funds' does not include
funds used as matching funds.
``SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE
RELOCATION OF BUSINESSES.
``No funds provided under this Act shall be used for the
purpose of directly providing incentives or inducements to an
employer to relocate a business enterprise from one State to
another State if such relocation will result in a reduction in
the number of jobs available in the State where the business
enterprise is located before such incentives or inducements are
offered.
``SEC. 323. STATE ADMINISTRATIVE COSTS.
``(a) General Rule.--Except as provided in subsection (b),
for each fiscal year for which an eligible agency receives
assistance under this Act, the eligible agency shall provide,
from non-Federal sources for the costs the eligible agency
incurs for the administration of programs under this Act, an
amount that is not less than the amount provided by the
eligible agency from non-Federal sources for such costs for the
preceding fiscal year.
``(b) Exception.--If the amount made available from Federal
sources for the administration of programs under this Act for a
fiscal year (referred to in this section as the `determination
year') is less than the amount made available from Federal
sources for the administration of programs under this Act for
the preceding fiscal year, then the amount the eligible agency
is required to provide from non-Federal sources for costs the
eligible agency incurs for the administration of programs under
this Act for the determination year under subsection (a) shall
bear the same ratio to the amount the eligible agency provided
from non-Federal sources for such costs for the preceding
fiscal year, as the amount made available from Federal sources
for the administration of programs under this Act for the
determination year bears to the amount made available from
Federal sources for the administration of programs under this
Act for the preceding fiscal year.
``SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.
``(a) Attendance Costs Not Treated as Income or
Resources.--The portion of any student financial assistance
received under this Act that is made available for attendance
costs described in subsection (b) shall not be considered as
income or resources in determining eligibility for assistance
under any other program funded in whole or in part with Federal
funds.
``(b) Attendance Costs.--The attendance costs described in
this subsection are--
``(1) tuition and fees normally assessed a student
carrying an academic workload as determined by the
institution, and including costs for rental or purchase
of any equipment, materials, or supplies required of
all students in that course of study; and
``(2) an allowance for books, supplies,
transportation, dependent care, and miscellaneous
personal expenses for a student attending the
institution on at least a half-time basis, as
determined by the institution.
``(c) Costs of Career and Technical Education Services.--
Funds made available under this Act may be used to pay for the
costs of career and technical education services required in an
individualized education program developed pursuant to section
614(d) of the Individuals with Disabilities Education Act and
services necessary to meet the requirements of section 504 of
the Rehabilitation Act of 1973 with respect to ensuring equal
access to career and technical education.''.
SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.
(a) Immigration and Nationality Act.--Section 245A(h)(4)(C)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(C)) is amended by striking ``Carl D. Perkins
Vocational and Technical Education Act of 1998'' and inserting
``The Carl D. Perkins Career and Technical Education Act of
2006''.
(b) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C.
2101 et seq.) is amended--
(1) in section 231(c)(1)(F) (19 U.S.C.
2291(c)(1)(F))--
(A) by striking ``area vocational education
schools'' and inserting ``area career and
technical education schools''; and
(B) by striking ``Carl D. Perkins
Vocational and Technical Education Act of
1998'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006''; and
(2) in section 236(a)(1)(D) (19 U.S.C.
2296(a)(1)(D)), by striking ``area vocational'' and all
that follows through ``Act of 1963'' and inserting
``area career and technical education schools, as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006''.
(c) Higher Education Act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(1) in section 102(a)(3)(A) (20 U.S.C.
1002(a)(3)(A))--
(A) by striking ``section 521(4)(C)'' and
inserting ``section 3(3)(C)''; and
(B) by striking ``Carl D. Perkins
Vocational and Applied Technology Education
Act'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006''; and
(2) in section 484(l)(1)(B)(i) (20 U.S.C.
1091(l)(1)(B)(i)), by striking ``section 521(4)(C) of
the Carl D. Perkins Vocational and Technical Education
Act of 1998'' and inserting ``section 3(C) of the Carl
D. Perkins Career and Technical Education Act of
2006''.
(d) Education for Economic Security Act.--Section 3(1) of
the Education for Economic Security Act (20 U.S.C. 3902(1)) is
amended--
(1) by striking ``area vocational education
school'' and inserting ``area career and technical
education school''; and
(2) by striking ``section 521(3) of the Carl D.
Perkins Vocational Educational Act..'' and inserting
``section 3(3) of the Carl D. Perkins Career and
Technical Education Act of 2006.''.
(e) Education Flexibility Partnership Act of 1999.--Section
4(b)(2) of the Education Flexibility Partnership Act of 1999
(20 U.S.C. 5891b(b)(2)) is amended by striking ``Carl D.
Perkins Vocational and Technical Education Act of 1998'' and
inserting ``Carl D. Perkins Career and Technical Education Act
of 2006''.
(f) Elementary and Secondary Education Act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)),
by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' and inserting ``Carl D. Perkins
Career and Technical Education Act of 2006'';
(2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)),
by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' and inserting ``Carl D. Perkins
Career and Technical Education Act of 2006'';
(3) in section 1114(b)(2)(B)(v) (20 U.S.C.
6314(b)(2)(B)(v)), by striking ``Carl D. Perkins
Vocational and Technical Education Act of 1998'' and
inserting ``the Carl D. Perkins Career and Technical
Education Act of 2006''; and
(4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)),
by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' and inserting ``Carl D. Perkins
Career and Technical Education Act of 2006''.
(g) Wagner-Peyser Act.--Section 15(f) of the Wagner-Peyser
Act (29 U.S.C. 49l-2(f)) is amended by striking ``Carl D.
Perkins Vocational and Applied Technology Education Act'' and
inserting ``Carl D. Perkins Career and Technical Education Act
of 2006''.
(h) Public Law 105-220.--Public Law 105-220 is amended--
(1) in section 101(3) (29 U.S.C. 2801(3))--
(A) by striking ``given the term'' and
inserting ``given the term `area career and
technical education school' ''; and
(B) by striking ``Carl D. Perkins
Vocational and Technical Education Act of
1998'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006'';
(2) in section 101(50) (29 U.S.C. 2801(50)), by
striking ``given'' and all that follows through the
period at the end and inserting ``given the term
`career and technical education' in section 3 of the
Carl D. Perkins Career and Technical Education Act of
2006.'';
(3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by
striking ``section 113(b)(14) of the Carl D. Perkins
Vocational and Applied Technology Education Act'' and
inserting ``section 113(b)(3) of the Carl D. Perkins
Career and Technical Education Act of 2006'';
(4) in section 112(b)(8)(A)(iii) (29 U.S.C.
2822(b)(8)(A)(iii))--
(A) by striking ``postsecondary vocational
education activities'' and inserting ``career
and technical education activities at the
postsecondary level''; and
(B) by striking ``Carl D. Perkins
Vocational and Applied Technology Education
Act'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006'';
(5) in section 121(b)(1)(B)(vii) (29 U.S.C.
2841(b)(1)(B)(vii))--
(A) by striking ``postsecondary vocational
education activities'' and inserting ``career
and technical education activities at the
postsecondary level''; and
(B) by striking ``Carl D. Perkins
Vocational and Applied Technology Education
Act'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006'';
(6) in section 134(d)(2)(F) (29 U.S.C.
2864(d)(2)(F)), by striking ``postsecondary
vocational'' and all that follows through ``Education
Act'' and inserting ``career and technical education
activities at the postsecondary level, and career and
technical education activities available to school
dropouts, under the Carl D. Perkins Career and
Technical Education Act of 2006'';
(7) in section 501(b)(2)(A) (20 U.S.C.
9271(b)(2)(A))--
(A) by striking ``secondary vocational
education programs'' and inserting ``career and
technical education programs at the secondary
level''; and
(B) by striking ``Carl D. Perkins
Vocational and Applied Technology Education
Act'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006'';
(8) in section 501(b)(2)(B) (20 U.S.C.
9271(b)(2)(B))--
(A) by striking ``postsecondary vocational
education programs'' and inserting ``career and
technical education programs at the
postsecondary level''; and
(B) by striking ``Carl D. Perkins
Vocational and Applied Technology Education
Act'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006''; and
(9) in section 501(d)(2)(B) (20 U.S.C.
9271(d)(2)(B)), by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act'' and
inserting ``Carl D. Perkins Career and Technical
Education Act of 2006''.
(i) Title 31.--Section 6703(a)(12) of title 31, United
States Code, is amended by striking ``Carl D. Perkins
Vocational and Applied Technology Education Act'' and inserting
``Carl D. Perkins Career and Technical Education Act of 2006''.
(j) Title 40.--Section 14507(a)(1)(A)(iv) of title 40,
United States Code, is amended by striking ``Carl D. Perkins
Vocational and Technical Education Act of 1998'' and inserting
``Carl D. Perkins Career and Technical Education Act of 2006''.
(k) Older Americans Act of 1965.--The Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) is amended--
(1) in section 502(b)(1)(N)(i) (42 U.S.C.
3056(b)(1)(N)(i)), by striking ``Carl D. Perkins
Vocational and Technical Education Act of 1998'' and
inserting ``Carl D. Perkins Career and Technical
Education Act of 2006'';
(2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)),
by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' each place that term appears
and inserting ``Carl D. Perkins Career and Technical
Education Act of 2006''; and
(3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)),
by striking ``Vocational and Technical Education Act of
1998'' and inserting ``Career and Technical Education
Act of 2006''.
(l) Compact of Free Association Amendments Act of 2003.--
Section 105(f)(1)(B)(iii) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is
amended by striking ``Carl D. Perkins Vocational and Technical
Education Act of 1998'' and inserting ``Carl D. Perkins Career
and Technical Education Act of 2006''.
And the House agree to the same.
That the House recede from its amendment to the title of
the bill and agree to the same.
Howard P. ``Buck'' McKeon,
Mike Castle,
Mark Souder,
Tom Osborne,
Marilyn Musgrave,
George Miller,
Lynn Woolsey,
Ron Kind,
Managers on the Part of the House.
Michael B. Enzi,
Judd Gregg,
William H. Frist,
Lamar Alexander,
Richard M. Burr,
Johnny Isakson,
Mike DeWine,
John Ensign,
Orrin Hatch,
Jeff Sessions,
Pat Roberts,
Ted Kennedy,
Tom Harkin,
Barbara A. Mikulski,
Patty Murray,
Jack Reed,
Hillary Rodham Clinton,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the House to the bill (S. 250) to amend the
Carl D. Perkins Vocational and Technical Education Act of 1998
to improve the Act, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
RECOMMENDATIONS
Sec. 1. Short Title
(1) The House and Senate bills have different titles.
House recedes with amendment to read as follows:
Accepted:
Carl D. Perkins Career and Technical Education
Improvement Act of 2006
(2) The House and Senate bill both amend the table of
contents to reflect the amendments made to current law.
Legislative Counsel: similar or identical provision
Sec. 2. Purposes
(3) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(4) The Senate bill expands the first purpose to include
``technical standards'' and to include assisting students in
meeting both technical and academic standards in preparation
for high skill, high wage, or high demand occupations in
emerging or established professions.
House recedes with amendment to read as follows:
(1) building on the efforts of States and
localities to develop challenging academic and
technical standards and to assist students in meeting
such standards including preparation for high skill,
high wage, or high demand occupations in current or
emerging professions;
(5) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(6) The House bill includes the term ``rigorous.''
Senate recedes
(7) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(8) The Senate bill includes ``conducting'' research and
disseminating information on best practices as purposes.
House recedes with amendment to read as follows:
(4) conducting and disseminating national research
and disseminating information on best practices that
improve career and technical education programs,
services, and activities;
(9) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(10) The House bill does not include this purpose:
(5) promoting leadership, initial preparation, and
professional development at the State and local levels,
and developing research and best practices for
improving the quality of career and technical education
teachers, faculty, principals, administrators, and
counselors;
House recedes with amendment to read as follows:
(5) providing technical assistance that promotes
leadership, initial preparation, and professional
development at the State and local levels that improves
the quality of career and technical education teachers,
faculty, administrators, and counselors;
(11) The House bill does not include this purpose:
House recedes with amendment to read as follows:
(6) supporting partnerships among secondary
schools, postsecondary institutions, bachelor degree
granting institutions, area career technical centers,
local workforce investment boards, business and
industry, and intermediaries; and
(12) The House bill does not include this purpose:
(7) Providing individuals with opportunities
throughout their lifetime to develop, in conjunction
with other Federal education and training programs, the
knowledge and skills needed to keep America
competitive.
House recedes with amendment to read as follows:
(7) providing individuals with opportunities
throughout their lifetimes to develop, in conjunction
with other education and training programs, the
knowledge and skills needed to keep America
competitive.
Sec. 3. Definitions
(13) Provisions are identical
Legislative Counsel: similar or identical provision
(14) The Senate bill includes information collected by
entities described in Section 118 in the definition.
House recedes with amendment to read as follows:
(2) All aspects of an industry.--The term `all
aspects of an industry' means strong experience in, and
comprehensive understanding of, the industry that the
individual is preparing to enter, including information
as described in section 118.
(15) The Senate bill changes the term ``vocational'' to
``career''.
House recedes
(16) Similar provisions. The House bill includes
facilitation by lead administrators.
House recedes with amendment to read as follows:
(4) Articulation agreement--
The term `articulation agreement' means a written
commitment--
(A) that is approved annually by the lead
administrators of--
(i) a secondary institution and a
postsecondary educational institution;
or
(ii) a sub-baccalaureate degree
granting postsecondary educational
institution and a baccalaureate degree
granting postsecondary educational
institution; and
(B) that is designed to provide students
with a nonduplicative sequence of progressive
achievement leading to technical skill
proficiency, a credential, a certificate, or a
degree, and linked through credit transfer
agreements.
(17) The House bill includes the term ``rigorous.'' The
Senate bill permits work-based learning experiences.
Senate recedes with amendment to read as follows:
(5) Career and technical education.--The term
`career and technical education' means organized
educational activities that--
(A) offer a sequence of courses that--
(i) provides individuals with
coherent and rigorous content aligned
with challenging academic standards and
relevant technical knowledge and skills
needed to prepare for further education
and careers in current or emerging
professions;
Report Language: In referring to a sequence of courses
throughout the bill, the Conferees intend that a sequence of
courses may include `work-based learning experiences' such as
long term internships or apprenticeships.
(18) The House bill excludes professions that require a
post baccalaureate degree.
Senate recedes with amendment to read as follows:
(ii) may include pre-requisite
courses that meet the requirements of
this subparagraph; and
(iii) shall provide technical skill
proficiency, an industry-recognized
credential, certificate, or associate
degree; and
Report Language: By including prerequisite (other than
remedial) courses in the definition of career and technical
education, the conferees do not intend for eligible agencies or
eligible recipients to use funds under this Act for activities
that are not directly connected to a career and technical
education program or sequence of courses.
(19) The House bill requires programs to provide for a 1-
year certificate, associate degree, or industry-recognized
credential. The Senate bill allows programs that may lead to
technical skill proficiency, a credential, a certificate, or a
degree.
Senate recedes with amendment to read as follows:
(ii) may include pre-requisite
courses that meet the requirements of
this subparagraph;
(iii) shall provide technical skill
proficiency, an industry-recognized
credential, certificate, or associate
degree; and
(20) The Senate bill includes all aspects of an industry,
including entrepreneurship.
House recedes
(21) The House bill does not define career and technical
education student.
Senate recedes
(22) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(23) The Senate bill includes information about
baccalaureate degree programs. The House bill includes
providing access to information for parents, as appropriate.
House recedes with amendment to read as follows:
(8) Career guidance and academic counseling.--The
term `career guidance and academic counseling' means
guidance and counseling that--
(A) provides access to students (and
parents, as appropriate) to information
regarding career awareness and planning with
respect to an individual's occupational and
academic future; and
(B) provides information with respect to
career options, financial aid, and
postsecondary options, including baccalaureate
degree programs.
Report Language: Career guidance and academic counseling
informs students and their parents about available education
and training options and is an important component of programs
supported under this Act. Career guidance and academic
counseling should be provided to students as one part of a
comprehensive guidance program, and should be available to
individuals participating in, or considering participating in,
career and technical education, provided by qualified school
counselors, when available and the best option.
(24) The House bill does not define the term ``career
pathways.'' See note 215 for House bill equivalent.
Senate recedes
(25) Identical provisions.
Legislative Counsel: similar or identical provision
(26) The House bill does not define the term ``community
college.''
Senate recedes
(27) The House bill includes the phrase ``rigorous and
challenging.''
Senate recedes with amendment to read as follows:
(12) Cooperative education.--The term `cooperative
education' means a method of education for individuals
who, through written cooperative arrangements between a
school and employers, receive instruction, including
required rigorous and challenging academic courses and
related career and technical education instruction, by
alternation of study in school with a job in any
occupational field, which alternation:
(A) shall be planned and supervised by the
school and employer so that each contributes to
the education and employability of the
individual; and
(B) may include an arrangement in which
work periods and school attendance may be on
alternate half days, full days, weeks, or other
periods of time in fulfilling the cooperative
program.
(28) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(29) The House bill does not define the term ``core
academic subjects'' in the definition section. See note 240 for
House bill equivalent.
Senate recedes
(30) Identical provisions.
Legislative Counsel: similar or identical provision
(31) Identical provisions.
Legislative Counsel: similar or identical provision
(32) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(33) The Senate bill requires eligible institutions to
offer programs leading to a technical skill proficiency, an
industry-recognized credential, a certificate, or a degree.
House recedes with amendment to read as follows:
(A) a public or nonprofit private
institution of higher education that offers
career and technical education courses that
lead to technical skill proficiency, an
industry-recognized credential, a certificate,
or a degree;
(34) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(35) The Senate includes charter school designations.
House recedes with an amendment to read as follows:
(A) a local educational agency (including a
public charter school that operates as a local
educational agency), and an area career and
technical education school, an educational
service agency, or a consortium, eligible to
receive assistance under section 131; or
(36) Identical provisions.
House and Senate recede with amendment to strike ``or an outlying
area.''
(37) The House bill does not define the term ``graduation
and career plan.''
Senate recedes
(38) Identical provisions.
Legislative Counsel: similar or identical provision
(39) Identical provisions
Legislative Counsel: similar or identical provision
(40) Identical provisions
Legislative Counsel: similar or identical provision
(41) Identical provisions.
Legislative Counsel: similar or identical provision
(42) The House bill does not define the term ``local
workforce investment boards.''
Senate recedes
(43) Similar provisions. The House bill includes the
terms ``current and.''
Senate recedes with amendment to read as follows:
(26) Non-traditional fields.--The term `non-
traditional fields' means occupations or fields of
work, including careers in computer science,
technology, and other current and emerging high skill
occupations, for which individuals from one gender
comprise less than 25 percent of the individuals
employed in each such occupation or field of work.
(44) The House bill includes the Republic of Palau.
Senate recedes
(45) Identical provisions.
Legislative Counsel: similar or identical provision
(46) Identical provisions.
Legislative Counsel: similar or identical provision
(47) The Senate bill does not define the term
``scientifically based research.''
Senate recedes with amendment to read as follows:
(22) Scientifically based research.--The term
`scientifically based research' means research that is
carried out using the standards defined as
``scientifically based research standards'' in the
Education Science Reform Act of 2002 (P.L. 107-279).
Report Language: The Conferees expect the Department to
support research that is scientifically based, in order to
obtain valid and reliable knowledge regarding career and
technical education programs. In addition, the Conferees
acknowledge that scientifically based research provides for an
array of research designs and methods appropriate and feasible
to the research question posed.
(48) Identical provisions.
Legislative Counsel: similar or identical provision
(49) Identical provisions.
Legislative Counsel: similar or identical provision
(50) The House bill does not define the term ``self-
sufficiency.''
Senate recedes
(51) The House bill includes ``individuals with other
barriers to educational achievement, as defined by the State.''
House recedes
(52) Identical provisions.
Legislative Counsel: similar or identical provision
(53) The Senate bill includes ``instructional aids, and
work supports.''
Senate recedes
(54) The Senate bill does not define the term
``supportive services.''
House recedes
(55) The House bill does not define the term ``tech prep
program.''
House recedes with amendment to read as follows:
(33) Tech prep program.--The term `tech prep
program' means a tech prep program described in section
203(c).
(56) Similar provisions.
Legislative Counsel: similar or identical provision
(57) Similar provisions. The Senate bill changes the term
``vocational'' to ``career.''
House recedes
Sec. 4. Transition provisions
(58) Similar provisions.
House and Senate recede with amendment to read as follows:
SEC. 4. TRANSITION PROVISIONS.
The Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this Act as amended by the Carl
D. Perkins Career and Technical Education Improvement Act of
2006 from any authority under provisions of this Act, as this
Act was in effect on the day before the date of enactment of
the Carl D. Perkins Career and Technical Education Improvement
Act of 2006. The Secretary shall give each eligible agency the
opportunity to submit a transition plan for the first fiscal
year following enactment of the Carl D. Perkins Career and
Technical Education Improvement Act of 2006.
Sec. 5. Privacy
(59) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 6. Limitation
(60) The Senate bill strikes a reference to the
previously repealed School-to-Work Opportunities Act of 1994.
House recedes
Sec. 7. Special rule
(61) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 9. Authorization of appropriations
(62) The House bill specifies an authorization level for
FY06, the Senate bill uses ``such sums.'' Similar provisions.
House recedes with amendment to read as follows:
There is authorized to be appropriated to carry out this
Act (other than sections 114, 117, and 118, and Title II) such
sums as may be necessary for each of the fiscal years 2007
through 2012.
Sec. 8. Prohibitions
(63) The Senate bill does not include a similar
provision.
Senate recedes with amendment to insert ``, 311(b) and 323'' after
``and in (a) and to read as follows for (e):
(e) Coherent and Rigorous Content.--For the purposes of
this Act coherent and rigorous content shall be determined by
the State consistent with section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
Sec. 111. Reservation and state allotments
(64) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(65) The House bill reduces the set-aside for Section 115
activities (assistance for ``outlying areas'' from .2 percent
to .12 percent.)
House and Senate recede with amendment to read as follows:
(1) Reservations.--From the sum appropriated under
section 8 for each fiscal year, the Secretary shall
reserve--
(A) 0.13 percent to carry out section 115;
(66) The House bill separates the Perkins incentive grant
funds from the incentive grant funds authorized under Title I
and Title II of WIA. The Senate bill retains the current
structure of the incentive grant program, which authorizes the
grants through WIA.
House and Senate recede with amendment to delete incentive grant set
aside.
(67) Identical provisions.
Legislative Counsel: similar or identical provision
(68) The Senate bill eliminates the cap on small state
minimums based on per student averages.
House and Senate recede with amendment to read as follows note 70.
(69) The House bill includes new ``hold harmless''
provisions based on Tech prep funding that are consolidated
into the Basic State Grants account.
House and Senate recede with amendment to read as follows note 70.
(70) The House bill amends the hold harmless provision to
the combined Basic State grant and Tech prep FY05 funding
levels. The Senate bill bases the hold harmless provision for
fiscal years 2006 through 2008 on the Basic State grantFY05
funding level, at which point the hold harmless provision is reduced to
95 percent of the previous fiscal year's Basic State grant
appropriation.
House and Senate recede with amendment to read as follows for notes 68-
70:
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.--
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under
section 9 for each fiscal year, the Secretary shall
reserve--
(A) 0.13 percent to carry out section 115;
and
(B) 1.50 percent to carry out section 116,
of which--
(i) 1.25 percent of the sum shall
be available to carry out section
116(b); and
(ii) 0.25 percent of the sum shall
be available to carry out section
116(h).
(2) State allotment formula.--Subject to paragraphs
(3), (4), and (5), from the remainder of the sum
appropriated under section 9 and not reserved under
paragraph (1) for a fiscal year, the Secretary shall
allot to a State for the fiscal year--
(A) an amount that bears the same ratio to
50 percent of the sum being allotted as the
product of the population aged 15 to 19
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States;
(B) an amount that bears the same ratio to
20 percent of the sum being allotted as the
product of the population aged 20 to 24,
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States;
(C) an amount that bears the same ratio to
15 percent of the sum being allotted as the
product of the population aged 25 to 65,
inclusive, in the State in the fiscal year
preceding the fiscal year for which the
determination is made and the State's allotment
ratio bears to the sum of the corresponding
products for all the States; and
(D) an amount that bears the same ratio to
15 percent of the sum being allotted as the
amounts allotted to the State under
subparagraphs (A), (B), and (C) for such years
bears to the sum of the amounts allotted to all
the States under subparagraphs (A), (B), and
(C) for such year.
(3) Minimum allotment for years with no additional
funds.--
(A) In general.--Notwithstanding any other
provision of law and subject to subparagraphs
(B) and (C), and paragraph (5), for a fiscal
year for which there are no additional funds
(as such term is defined in paragraph (4)(D)),
no State shall receive for such fiscal year
under this subsection less than \1/2\ of 1
percent of the amount appropriated under
section 9 and not reserved under paragraph (1)
for such fiscal year. Amounts necessary for
increasing such payments to States to comply
with the preceding sentence shall be obtained
by ratably reducing the amounts to be paid to
other States.
(B) Requirement.--No State, by reason of
the application of subparagraph (A), shall
receive for a fiscal year more than 150 percent
of the amount the State received under this
subsection for the preceding fiscal year.
(C) Special rule.--
(i) In general.--Subject to
paragraph (5), no State, by reason of
the application of subparagraph (A),
shall be allotted for a fiscal year
more than the lesser of--
(I) 150 percent of the
amount that the State received
in the preceding fiscal year;
and
(II) the amount calculated
under clause (ii).
(ii) Amount.--The amount calculated
under this clause shall be determined
by multiplying--
(I) the number of
individuals in the State
counted under paragraph (2) in
the preceding fiscal year; by
(II) 150 percent of the
national average per pupil
payment made with funds
available under this section
for that year.
(4) Minimum allotment for years with additional
funds.--
(A) In general.--Subject to subparagraph
(B) and paragraph (5), for a fiscal year for
which there are additional funds, no State
shall receive for such fiscal year under this
subsection less than \1/2\ of 1 percent of the
amount appropriated under section 9 and not
reserved under paragraph (1) for such fiscal
year. Amounts necessary for increasing such
payments to States to comply with the preceding
sentence shall be obtained by ratably reducing
the amounts to be paid to other States.
(B) Special rule.--In the case of a
qualifying State, the minimum allotment under
subparagraph (A) for a fiscal year for the
qualifying State shall be the lesser of--
(i) \1/2\ of 1 percent of the
amount appropriated under section 9 and
not reserved under paragraph (1) for
such fiscal year; and
(ii) the sum of--
(I) the amount the
qualifying State received under
this subsection for fiscal year
2006 (as such subsection was in
effect on the day before the
date of enactment of the Carl
D. Perkins Career and Technical
Education Improvement Act of
2006); and
(II) the product of--
(aa) \1/3\ of the
additional funds;
multiplied by
(bb) the qualifying
State's ratio described
in subparagraph (C) for
the fiscal year for
which the determination
is made.
(C) Ratio.--For purposes of subparagraph
(B)(ii)(II)(bb), the ratio for a qualifying
State for a fiscal year shall be 1.00 less the
quotient of--
(i) the amount the qualifying State
received under this subsection for
fiscal year 2006 (as such subsection
was in effect on the day before the
date of enactment of the Carl D.
Perkins Career and Technical Education
Improvement Act of 2006); divided by
(ii) \1/2\ of 1 percent of the
amount appropriated under section 9 and
not reserved under paragraph (1) for
the fiscal year for which the
determination is made.
(D) Definitions.--In this paragraph:
(i) Additional funds.--The term
``additional funds'' means the amount
by which--
(I) the sum appropriated
under section 9 and not
reserved under paragraph (1)
for a fiscal year; exceeds
(II) the sum appropriated
under section 8 and not
reserved under [subparagraph
(A) or (B) of paragraph (1)]
for fiscal year 2006 (as such
section 8 and [such
subparagraphs (A) and (B)] were
in effect on the day before the
date of enactment of the Carl
D. Perkins Career and Technical
Education Improvement Act of
2006).
(ii) Qualifying state.--The term
``qualifying State'' means a State
(except the United States Virgin
Islands) that, for the fiscal year for
which a determination under this
paragraph is made, would receive, under
the allotment formula under paragraph
(2) (without the application of this
paragraph and paragraphs (3) and (5)),
an amount that would be less than the
amount the State would receive under
subparagraph (A) for such fiscal year.
(5) Hold harmless.--
(A) In general.--No State shall receive an
allotment under this section for a fiscal year
that is less than the allotment the State
received under part A of title I of the Carl D.
Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2311 et seq.) (as such
part was in effect on the day before the date
of enactment of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of
1998) for fiscal year 1998.
(B) Ratable reduction.--If for any fiscal
year the amount appropriated for allotments
under this section is insufficient to satisfy
the provisions of subparagraph (A), the
payments to all States under such subparagraph
shall be ratably reduced.
(b) Reallotment.--If the Secretary determines that any
amount of any State's allotment under subsection (a) for any
fiscal year will not be required for such fiscal year for
carrying out the activities for which such amount has been
allotted, the Secretary shall make such amount available for
reallotment. Any such reallotment among other States shall
occur on such dates during the same year as the Secretary shall
fix, and shall be made on the basis of criteria established by
regulation. No funds may be reallotted for any use other than
the use for which the funds were appropriated. Any amount
reallotted to a State under this subsection for any fiscal year
shall remain available for obligation during the succeeding
fiscal year and shall be deemed to be part of the State's
allotment for the year in which the amount is obligated.
(c) Allotment Ratio.--
(1) In general.--The allotment ratio for any State
shall be 1.00 less the product of--
(A) 0.50; and
(B) the quotient obtained by dividing the
per capita income for the State by the per
capita income for all the States (exclusive of
the Commonwealth of Puerto Rico and the United
States Virgin Islands), except that--
(i) the allotment ratio in no case
shall be more than 0.60 or less than
0.40; and
(ii) the allotment ratio for the
Commonwealth of Puerto Rico and the
United States Virgin Islands shall be
0.60.
(2) Promulgation.--The allotment ratios shall be
promulgated by the Secretary for each fiscal year
between October 1 and December 31 of the fiscal year
preceding the fiscal year for which the determination
is made. Allotment ratios shall be computed on the
basis of the average of the appropriate per capita
incomes for the 3 most recent consecutive fiscal years
for which satisfactory data are available.
(3) Definition of per capita income.--For the
purpose of this section, the term ``per capita income''
means, with respect to a fiscal year, the total
personal income in the calendar year ending in such
year, divided by the population of the area concerned
in such year.
(4) Population determination.--For the purposes of
this section, population shall be determined by the
Secretary on the basis of the latest estimates
available to the Department of Education.
(d) Definition of State.--For the purpose of this
section, the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the United States Virgin Islands.
(71) Identical provisions.
Legislative Counsel: similar or identical provision
(72) Identical provisions.
Legislative Counsel: similar or identical provision
(73) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 112. Within State Allocation
(74) The House bill provides for 88 percent of State
funds to be distributed to local grantees. The Senate bill
provides for 85 percent of State funds to be allocated to local
grantees.
House recedes with amendment to read as follows:
(a) In General.--From the amount allotted to each State
under section 111 for a fiscal year, the eligible agency shall
make available--
(1) not less than 85 percent for distribution under
section 131 or 132, of which not more than 10 percent
of the 85 percent may be used in accordance with
subsection (c);
(75) The Senate bill combines State Leadership and State
Administration funding accounts.
House and Senate recede with amendment to read as follows note 77.
(76a) The Senate bill, but not the House bill, removes
the cap on the use of funds for individuals in State
institutions and for services for preparing individuals for
non-traditional fields.
Senate recedes
(76b) The Senate bill, but not the House bill, includes
language on supporting and developing State data systems.
House recedes
(77) The House bill reduces the set aside for State
Administration to 2 percent. The Senate bill has no similar
provision (see above).
House and Senate recede with amendment to read as follows for notes 75-
77:
SEC. 112. WITHIN STATE ALLOCATION.
(a) In General.--From the amount allotted to each State
under section 111 for a fiscal year, the State board
(hereinafter referred to as the `eligible agency') shall make
available--
(1) not less than 85 percent for distribution under
section 131 or 132, of which not more than 10 percent
of the 85 percent may be used in accordance with
subsection (c);
(2) not more than 10 percent to carry out State
leadership activities described in section 124 of
which--
(A) an amount equal to not more than one
percent of the amount allotted to the State
under section 111 for the fiscal year shall be
made available to serve individuals in State
institutions, such as State correctional
institutions and institutions that serve
individuals with disabilities; and
(B) not less than $60,000 and not more than
$150,000 shall be available for services that
prepare individuals for non-traditional fields.
(3) An amount equal to not more than five percent,
or $250,000, whichever is greater, shall be made
available for administration of the State plan, which
may be used for the costs of--
(A) developing the State plan;
(B) reviewing the local plan;
(C) monitoring and evaluating program
effectiveness;
(D) assuring compliance with all applicable
Federal laws;
(E) providing technical assistance; and
(F) supporting and developing State data
systems relevant to the provisions of this Act.
(78) The House bill provides for States to use more funds
from the local program account for State Leadership activities
for any year in which the allocation of 10 percent for State
Leadership activities is less than the FY05 level for State
Leadership activities. States using funds for this purpose
cannot exceed the percentage of funds set aside for State
Leadership in FY05. The Senate bill contains no similar
provision.
House recedes
(79) Similar provisions.
Senate recedes
(80) The Senate bill provides for eligible agencies to
use reserved funds for innovative statewide initiatives that
demonstrate benefits for eligible recipients and the
development and implementation of career pathways or career
clusters. The House bill preserves the requirement that grants
made under this subsection must serve at least two categories
described in paragraph (1). The Senate bill does not include
this provision.
Senate recedes with amendment to read as follows:
(c) Reserve.--
(1) In general.--From amounts made available under
subsection (a)(1) to carry out this subsection, an
eligible agency may award grants to eligible recipients
for career and technical education activities described
in section 135 in--
(A) rural areas;
(B) areas with high percentages of career and
technical education students; and
(C) areas with high numbers of career and technical
students.
Sec. 113. Accountability
(81) Similar provisions. The Senate bill changes the term
``vocational'' to ``career.''
Legislative Counsel: similar or identical provision
House recedes on ``career.''
(82) Similar provisions.
House and Senate recede with amendment to read as follows:
(b) State Performance Measures.--
(1) In general.--Each eligible agency, with input
from eligible recipients, shall establish performance
measures for a State that consist of--
(A) the core indicators of performance
described in subparagraphs (A) and (B) of
paragraph (2);
(B) any additional indicators of
performance (if any) identified by the eligible
agency under paragraph (2)(C); and
(C) a State adjusted level of performance
described in paragraph (3)(A) for each core
indicator of performance, and State levels of
performance described in paragraph (3)(B) for
each additional indicator of performance.
(83) The House bill requires eligible agencies to report
on core indicators of performance that are ``valid and
reliable,'' to the extent practicable.
Senate recedes with amendment to read as follows:
(A) Core indicators of performance for secondary career
and technical education students.--Each eligible agency shall
identify in the State plan core indicators of performance for
secondary education career and technical education students
that are valid and reliable and that include, at a minimum,
measures of each of the following:
Report Language: The Conferees are concerned that many
States currently use measures of the core indicators of
performance that cannot generate valid and reliable data that
reflect real improvement of their CTE programs. The Conferees
intend, by imposing the explicit requirement that the States
must use ``valid and reliable'' measures of the core indicators
of performance, for the States to establish measures that
reflect high standards and that will show the extent of real
improvement in their CTE programs. The Conferees expect the
Department to provide expertise and technical assistance to the
States to ensure the validity and reliability of the measures
prior to reaching agreement with States on levels for
particular measures.
(84) The Senate bill requires eligible agencies to report
on student achievement on technical skill assessments. The
House bill requires student attainment of vocational and
technical skill proficiencies. The Senate bill requires the use
of assessments described under ESEA.
House and Senate recede with amendment to read as follows:
(i) Student attainment of challenging
academic content standards and student
academic achievement standards, as
adopted by a State in accordance with
section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965 and
measured by the State determined
proficient level on the academic
assessments described in section 1111
(b)(3) of such Act.
Report Language: The Conferees intend that the amendments
to the core indicators requirements will ensure that the States
use measures that are valid and reliable and apply these
measures to all categories of students served by CTE programs.
The Conferees further intend that a State use the same measures
to report the academic achievement and the rate of high school
graduation of its secondary CTE students, as the State uses
under Title I of the Elementary and Secondary Education Act of
1965 (ESEA)--rather than indirect measures or approximations of
these measures. Thus, for example, a State must report the
number or percentage of CTE students scoring at the proficient
level or above on its academic assessments used under the ESEA
to ensure that its CTE students are held to the same academic
achievement standards as are all students.
(85) Similar provisions. The Senate bill requires
eligible agencies to report on ``rates of attainment'' for a
technical skill proficiency, industry-recognized credential,
certificate, and degree. The House bill requires graduation
rates to be determined based on requirements in ESEA.
House and Senate recede with amendment to read as follows:
(ii) Student attainment of career
and technical skill proficiencies,
including student achievement on
technical assessments, that are aligned
with industry-recognized standards, if
available and appropriate.
(iii) Student rates of attainment
of--
(I) a secondary school
diploma;
(II) a General Education
Development (GED) credential,
or other State-recognized
equivalent (including
recognized alternative
standards for individuals with
disabilities); and
(III) a proficiency
credential, certificate, or
degree, in conjunction with a
secondary school diploma if
such credential, certificate,
or degree is offered by the
State in conjunction with a
secondary school diploma.
(iv) Student graduation rates
(as described in section 1111
(b)(2)(C)(vi) of the Elementary
and Secondary Education Act of
1965).
(v) Student placement in
postsecondary education or
advanced training, in military
service, or in employment.
(vi) Student participation in
and completion of career and
technical education programs
that lead to non-traditional
fields.
(86) The House bill requires eligible agencies to report
on core indicators of performance that are ``valid and
reliable,'' to the extent practicable.
House and Senate recede with amendment to read as follows:
Each eligible agency shall identify in the State plan
core indicators of performance for postsecondary career and
technical education students that are valid and reliable, and
that include, at a minimum, measures of each of the following:
(87) The Senate bill requires eligible agencies to report
on student attainment on technical skill assessments.
House and Senate recede with amendment to read as follows:
(i) Student attainment of
challenging career and technical skill
proficiencies, including student
achievement on technical assessments,
that are aligned with industry-
recognized standards, if available and
appropriate.
(88) The Senate bill requires eligible agencies to report
on student attainment of an industry-recognized credential, a
certificate, or a degree and includes placement in
apprenticeship programs.
House recedes with amendment to read as follows:
(ii) Student attainment of an
industry-recognized credential, a
certificate, or a degree.
(iii) Student retention in
postsecondary education or transfer to
a baccalaureate degree program.
(iv) Student placement in military
service or apprenticeship programs or
placement or retention in employment,
including placement in high skill, high
wage, or high demand occupations or
professions.
(89) The Senate bill requires eligible agencies to report
on student participation in, and completion of, career and
technical education programs that lead to employment or self-
employment in high skill, high wage, high demand occupations or
professions. The Senate bill requires eligible agencies to
report on increase in earnings, where available.
House and Senate recede with amendment to read as follows:
(v) Student participation in, and completion of, career
and technical education programs that lead to employment in
non-traditional fields.
(90a) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(90b) The Senate bill includes the ``attainment of self-
sufficiency.''
House recedes
Report Language: The Conferees intend that the term
`self-sufficiency' means a standard of economic independence
that considers a variety of demographic and geographic factors,
as adopted, calculated, or commissioned by a local area or
State.
(91) Similar provisions. The Senate bill changes the term
``vocational'' to ``career.''
House recedes on ``career;'' Senate recedes with amendment to read as
follows:
(D) Existing Indicators.--If a State has
developed, prior to the enactment of the Carl
D. Perkins Career and Technical Education
Improvement Act of 2006, State career and
technical education performance measures that
meet the requirements of this section (as
amended by such Act) the State may use such
performance measures to measure the progress of
career and technical education students.
(92) Similar provisions.
Senate recedes
(93) The House bill does not include a similar provision.
House recedes with amendment to read as follows:
(F) Alignment of performance indicators.--
In the course of developing core indicators of
performance and additional indicators of
performance, States shall, to the greatest
extent possible, align the indicators so that
substantially similar information gathered for
other State and Federal programs, or for any
other purpose, is used to meet the requirements
of this section.
(94) Similar provisions. The Senate bill requires the
eligible agency to take into account local adjusted levels of
performance.
Senate recedes
(95) The House bill uses the term ``substantial.'' The
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
(II) require the State to continually make progress
toward improving the performance of career and technical
education students.
(96) The Senate bill uses the term ``career.''
House recedes
(97) Identical provisions.
House and Senate recede with amendment to insert ``subject to section
4,'' before ``each''.
(98) Identical provisions.
Legislative Counsel: similar or identical provision
(99) Identical provisions.
Legislative Counsel: similar or identical provision
Report Language: The conferees expect that, prior to
reaching agreement with a State on its adjusted levels of
performance, the State will demonstrate that its measures for
the core indicators of performance are valid and reliable and
will agree on levels that require continuous improvement. The
conferees further expect that the agreed-upon State adjusted
performance levels will reflect high standards and real
improvement, including an increase in the rate of the
improvement, in the State's CTE programs.
(100) Similar provisions.
House recedes
(101) The House bill uses the term ``substantial,'' the
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
(II) the extent to which
such levels of performance
promote continuous improvement
on the indicators of
performance by such State.
Report Language: The Conferees expect, in carrying out
this section, that the U.S. Department of Education not impose
a minimum or arbitrary across-the-board increase in any state
performance targets as the means for ensuring continuous
improvement. Instead, when the U.S. Department of Education is
negotiating state adjusted levels of performance with eligible
agencies, it should consider and benchmark an individual
state's performance against that state's prior performance, as
well as take into consideration state improvement plans and
changes in baseline data, measurement methods and number of
students. The Conferees expect that eligible agencies provide
the same considerations to eligible recipients when negotiating
local adjusted levels of performance.
(102) Similar provisions. The House bill refers to the
factors in clause (vi), the Senate bill refers to the factors
in clause (vi)(II).
House and Senate recede with amendment to read as follows:
(vii) Revisions.--If unanticipated
circumstances arise in a State
resulting in a significant change in
the factors described in clause (vi),
the eligible agency may request that
the State adjusted levels of
performance agreed to under clause
(iii) or (v) be revised. The Secretary
shall issue objective criteria and
methods for making such revisions.
(B) Levels of performance for
additional indicators.--Each eligible
agency shall identify in the State
plan, State levels of performance for
each of the additional indicators of
performance described in paragraph
2(C). Such levels shall be considered
to be the State levels of performance
for purposes of this title.
(103) Similar provisions. The Senate bill allows eligible
recipients to accept the State adjusted levels of performance,
or negotiate with the State to reach agreement on local
adjusted levels of performance. The Senate bill uses the term
``career.''
House recedes with amendment to read as follows:
(3) State levels of performance.--
(A) State adjusted levels of performance for core
indicators of performance.--
(i) In general.--Each eligible
agency, with input from eligible
recipients, shall establish in the
State plan submitted under section 122,
levels of performance for each of the
core indicators of performance
described in subparagraphs (A) and (B)
of paragraph (2) for career and
technical education activities
authorized under this title. The levels
of performance established under this
subparagraph shall, at a minimum--
(I) be expressed in a percentage or
numerical form, so as to be objective,
quantifiable, and measurable; and
(104) The House bill uses the term ``substantial.'' The
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
(II) require the eligible
recipient to continually make
progress toward improving the
performance of career and
technical education students.
(105) The House bill requires improvement in academic and
vocational and technical achievement. The Senate bill requires
improvement in career and technical achievement.
Senate recedes with amendment to strike ``vocational'' and insert
``career.''
(106) Identical provisions.
Legislative Counsel: similar or identical provision
(107) Similar provisions.
Legislative Counsel: similar or identical provision
(108) Similar provisions.
House recedes
(109) Similar provisions.
Legislative Counsel: similar or identical provision
(110) The House bill uses the term ``substantial.'' The
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
(II) the extent to which
the local adjusted levels of
performance promote continuous
improvement on the core
indicators of performance by
the eligible recipient.
(111) Similar provisions. The House bill refers to the
factors in clause (v), the Senate bill refers to the factor in
clause (v)(II).
Senate recedes
(112) Similar provisions.
Legislative Counsel: similar or identical provision
(113) The House bill requires eligible recipients that
receive an allotment under section 111 to report performance on
the core indicators of performance, and to disaggregate data
for each of the indicators according to categories described
under ESEA for both secondary and postsecondary students. The
House bill also requires eligible recipients to report on the
performance of tech prep participants, if applicable. The
Senate bill requires eligible recipients at the secondary level
that receive an allocation under section 131 to prepare an
annual report.
House and Senate recede with amendment to read as follows note 117.
(114) The House bill prohibits reporting in instances
where the numbers of students is too small to yield
statistically reliable information or in which the results
would reveal personally identifiable information about an
individual student.
House and Senate recede with amendment to read as follows note 117.
(115) The House bill requires eligible recipients to make
data available publicly, through a variety of formats,
including the Internet.
House and Senate recede with amendment to read as follows note 117.
(116) The Senate bill requires data to be disaggregated,
for postsecondary institutions, by special populations and
gender, and for secondary institutions, by the categories
described in ESEA section 1111. The House bill requires both
secondary and postsecondary institutions to report data
disaggregated by the categories described in ESEA Section 1111.
Both bills prohibit reporting in instances where the numbers of
students is too small to yield statistically reliable
information or in which the results would reveal personally
identifiable information about an individual student.
House and Senate recede with amendment to read as follows note 117.
(117) The House bill, but not the Senate bill, requires
eligible agencies to report gaps in performance between any
such category and the aggregate score of all students served by
the eligible agency.
House and Senate recede with amendment to read as follows for notes
113-117:
(C) Local report.--
(i) Content of report.--Each
eligible recipient that receives an
allocation described in section 112
shall annually prepare and submit to
the eligible agency a report, which
shall include the data described in
clause (ii)(I), regarding the progress
of such recipient in achieving the
local adjusted levels of performance on
the core indicators of performance.
(ii) Data.--Except as provided in
clauses (iii) and (iv) each eligible
recipient that receives an allocation
described in section 112 shall--
(I) disaggregate data for
each of the indicators of
performance under paragraph (2)
for the categories of students
described in section
1111(h)(1)(C)(i) of the
Elementary and Secondary
Education Act of 1965 and
section 3(29) that are served
under this Act; and
(II) identify and quantify
any disparities or gaps in
performance between any such
category of students and the
performance of all students
served by the eligible
recipient under the Act.
(iii) Nonduplication.--The eligible
agency shall ensure that each eligible
recipient does not report duplicative
information under this section in a
manner that is consistent with the
actions of the Secretary under
subsection (c)(3).
(iv) Rules for reporting of data.--
The disaggregation of data under clause
(ii) shall not be required when the
number of students in a category is
insufficient to yield statistically
reliable information or when the
results would reveal personally
identifiable information about an
individual student.
(v) Availability.--The report
described in clause (i) shall be made
available to the public through a
variety of formats, including
electronically through the Internet.
(c) Report.--
(1) In general.--Each eligible agency that receives
an allotment under section 111 shall annually prepare
and submit to the Secretary a report regarding--
(A) the progress of the State in achieving
the State adjusted levels of performance on the
core indicators of performance; and
(B) information on the levels of
performance achieved by the State with respect
to the additional indicators of performance,
including the levels of performance for special
populations.
(2) Data.--Except as provided in paragraphs (3) and
(4) each eligible agency under sections 111 or 201
shall--
(A) disaggregate data for each of the
indicators of performance under subsection
(b)(2) for the categories of students described
in section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 and section
3(29) that are served under this Act; and
(B) identify and quantify any disparities
or gaps in performance between any such
category of students and the performance of all
students served by the eligible agency under
the Act which shall include a quantifiable
description of the progress each such category
of students served by the eligible agency under
the Act has made in meeting the State adjusted
levels of performance.
(3) Nonduplication.--The Secretary shall ensure
that each eligible agency does not report duplicative
information under this section.
(4) Rules for reporting of data.--The
disaggregation of data under paragraph (2) shall not be
required when the number of students in a category is
insufficient to yield statistically reliable
information or when the results would reveal personally
identifiable information about an individual student.
(118) The House bill requires data to be disaggregated by
the populations described in section 3(25) and the populations
described in section 1111(h)(1)(C)(i) of ESEA. The Senate bill
changes the term ``vocational'' to ``career.''
House and Senate recede with amendment to read as follows note 117.
(119) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 114. National activities
(120) The Senate bill changes ``vocational'' to
``career.''
House recedes
(121) The Senate bill requires an analysis of performance
data that is disaggregated for postsecondary institutions, by
special populations, and for secondary institutions, by special
populations and the categories described in ESEA Section 1111.
The Senate bill prohibits reporting in instances where the
numbers of students is too small to yield statistically
reliable information or in which the results would reveal
personally identifiable information about an individual
student.
Senate recedes
(122) The House bill limits international comparisons to
aggregate comparisons.
Senate recedes
(123) Identical provisions.
Legislative Counsel: similar or identical provision
(124) Identical provisions.
Legislative Counsel: similar or identical provision
(125) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(126) Similar provisions. The members of the advisory
panel differ between the House and Senate bills.
House and Senate recede with amendment to read as follows:
(2) Independent advisory panel.--
(A) In general.--The Secretary shall
appoint an independent advisory panel to advise
the Secretary on the implementation of the
assessment described in paragraph (3),
including the issues to be addressed and the
methodology of the studies involved to ensure
that the assessment adheres to the highest
standards of quality.
(B) Members.--The advisory panel shall
consist of--
(i) educators, administrators,
State directors of career and technical
education, and chief executives,
including those with expertise in the
integration of academic and career and
technical education;
(ii) experts in evaluation,
research, and assessment;
(iii) representatives of labor
organizations and businesses, including
small businesses, economic development
entities, and workforce investment
entities;
(iv) parents;
(v) career guidance and academic
counseling professionals; and
(vi) other individuals and
intermediaries with relevant expertise.
(127) The House bill requires the report to be
transmitted to the Secretary and to Congress. The Senate bill
requires the report to be transmitted to the Secretary and the
relevant committees of Congress.
Senate recedes with amendment to read as follows:
The advisory panel shall transmit to the Secretary, the
relevant committees of Congress, and the Library of Congress an
independent analysis of the findings and recommendations
resulting from the assessment described in paragraph (2).
(128) The House bill requires the assessment to evaluate
the implementation of career and technical education programs
established under this Act. The Senate bill requires the
assessment to evaluate career and technical education programs
under this Act.
House and Senate recede with amendment to read as follows note 133.
(129) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(130) The House bill deletes clauses (i), (ii), (iv) and
(vii) of current law. The Senate bill retains these sections.
House and Senate recede with amendment to read as follows note 133.
(131) The Senate bill includes faculty preparation.
House and Senate recede with amendment to read as follows note 133.
(132) Similar provisions (clauses (ii) in the House bill
and (v) in the Senate bill). The House bill includes the term
``rigorous.'' The House bill includes careers in which math and
science skills are critical. The Senate bill includes special
populations in the evaluation of student preparation. The
Senate bill includes the number of students receiving a high
school diploma (IV).
House and Senate recede with amendment to read as follows note 133.
(133) The Senate bill includes local adjusted levels of
performance and local levels of performance.
House and Senate recede with amendment to read as follows for notes
128-133:
(3) Evaluation and assessment.--
(A) In general.--From amounts made
available under subsection (e), the Secretary
shall provide for the conduct of an independent
evaluation and assessment of career and
technical education programs under this Act,
including the implementation of the Carl D.
Perkins Career and Technical Education
Improvement Act of 2006, to the extent
practicable, through studies and analyses
conducted independently through grants,
contracts, and cooperative agreements that are
awarded on a competitive basis.
(B) Contents.--The assessment required
under paragraph (1) shall include, but not be
limited to, descriptions and evaluations of--
(i) the extent to which State,
local, and tribal entities have
developed, implemented, or improved
State and local career and technical
education programs assisted under this
Act; (ii) the preparation and
qualifications of teachers and faculty
of career and technical education (such
as meeting State established teacher
certification or licensing
requirements), as well as shortages of
such teachers and faculty;
(ii) academic and career and
technical education achievement and
employment outcomes of career and
technical education, including analyses
of--
(I) the extent and success
of integration of rigorous and
challenging academic and career
and technical education,
including a review of the
effect of such integration on
the academic and technical
proficiency achievement of
students (including the number
of students receiving a high
school diploma) for students
participating in career and
technical education programs;
and
(II) the extent to which
career and technical education
programs prepare students,
including special populations,
for subsequent employment in
high skill, high wage
occupations (including those in
which math and science skills
are critical), for
participation in postsecondary
education;
(ii) employer involvement in, and
satisfaction with career and technical
education programs and career and
technical education students'
preparation for employment;
(iv) participation of students in
career and technical education
programs;
(v) the use of educational
technology and distance learning with
respect to career and technical
education and tech prep programs; and
(vi) the effect of State and local
adjusted levels of performance and
State and local levels of performance
on the delivery of career and technical
education services, including the
percentage of career and technical
education and tech prep students
meeting the adjusted levels of
performance described in section 113.
(134) The Senate bill requires the report to be submitted
to the relevant committees of Congress.
House recedes with amendment to read as follows:
(I) an interim report
regarding the assessment on or
before January 1, 2010; and
(II) a final report,
summarizing all studies and
analyses that relate to the
assessment and that are
completed after the interim
report, on or before July 1,
2011.
(135) The Senate bill would require the Secretary to
award grants and contracts to one institution of higher
education offering comprehensive graduate programs in career
and technical education.
House and Senate recede with amendment to read as follows:
(5) Research.--
(A) In general.--From amounts made
available under subsection (e), the Secretary,
after consulting with the States, shall award a
grant, contract, or cooperative agreement on a
competitive basis to an institution of higher
education, a public or private nonprofit
organization or agency, or a consortium of such
institutions, organizations, or agencies to
establish a national research center--
(136) The House bill requires the national center to
carry out ``scientifically based research.'' The Senate bill
requires ``research and evaluation.''
House and Senate recede with amendment to read as follows:
(i) to carry out scientifically
based research and evaluation for the
purpose of developing, improving, and
identifying the most successful methods
for addressing the education,
employment, and training needs of
participants, including special
populations, in career and technical
education programs, including research
and evaluation in such activities as--
(137) The Senate bill includes the requirements that
research include the education, employment, and training needs
of special populations.
House recedes
(138) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(139) The Senate bill, but not the House bill, requires
the Center to carry out research, including scientifically
based research, for the purpose of developing, improving, and
identifying the most successful methods for successfully
addressing the needs of employers in high skill, high wage
business and industry.
House and Senate recede with amendment to read as follows:
(I) the integration of--
(aa) career and
technical instruction;
and
(bb) academic,
secondary and
postsecondary
instruction;
(II) education technology
and distance learning
approaches and strategies that
are effective with respect to
career and technical education;
(III) State adjusted levels
of performance and State levels
of performance that serve to
improve career and technical
education programs and student
achievement;
(IV) academic knowledge and
career and technical skills
required for employment or
participation in postsecondary
education; and
(V) preparation for
occupations in high skill, high
wage, or high demand business
and industry, including
examination of--
(aa) collaboration
between career and
technical education
programs and business
and industry; and
(bb) academic and
technical skills
required for a regional
or sectoral workforce,
including small
business;
(140) The House bill includes the term ``scientifically
based research'' and ``rigorous.''
House and Senate recede with amendment to read as follows:
(ii) to carry out scientifically
based research and evaluation to
increase the effectiveness and improve
the implementation of career and
technical education programs that are
integrated with coherent and rigorous
content aligned with challenging
academic standards, including
conducting research and development,
and studies, that provide longitudinal
information or formative evaluation
with respect to career and technical
education programs and student
achievement;
(141) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(142) The Senate bill requires research that improves the
integration of programs with academic content standards and
achievement standards adopted by States under ESEA.
House recedes with amendment to read as follows note 144.
(143) The Senate bill requires that research promoting
technical education be aligned with industry-based standards
and certifications to meet regional industry needs.
House recedes with amendment to read as follows note 144.
(144) The Senate bill requires that research to improve
preparation and professional development include the
recruitment and retention of career and technical education
teachers, faculty, counselors, principals, and administrators,
including individuals in groups underrepresented in the
teaching professions.
House and Senate recede with amendment to read as follows for notes
142-144:
(iii) to carry out scientifically
based research that can be used to
improve preparation and professional
development of teachers, faculty, and
administrators and student learning in
the career and technical education
classroom, including--
(I) effective in-service
and pre-service teacher and
faculty education that assists
career and technical education
programs in--
(aa) integrating
those programs with
academic content
standards and student
academic achievement
standards, as adopted
by States under section
1111(b)(1) of the
Elementary and
Secondary Education Act
of 1965; and
(bb) coordinating
technical education
with industry-
recognized
certification
requirements;
(II) dissemination and
training activities related to
the applied research and
demonstration activities
described in this subsection,
which may also include serving
as a repository for information
on career and technical skills,
State academic standards, and
related materials; and
(III) the recruitment and
retention of career and
technical education teachers,
faculty, counselors, and
administrators, including
individuals in groups
underrepresented in the
teaching profession; and
(145) Identical provisions.
Legislative Counsel: similar or identical provision
(146) The Senate bill refers to the ``relevant Committees
of Congress.''
House recedes with amendment to read as follows:
(B) Report.--The center conducting the
activities described in subparagraph (A) shall
annually prepare a report of key research
findings of such center and shall submit copies
of the report to the Secretary, relevant
committees of Congress, the Library of
Congress, and each eligible agency.
(147) The House bill refers to one or more centers. The
Senate bill refers to one center.
House and Senate recede with amendment to read as follows:
(B) Report.--The center conducting the
activities described in subparagraph (A) shall
annually prepare a report of key research
findings of such center and shall submit copies
of the report to the Secretary, relevant
committees of Congress, the Library of
Congress, and each eligible agency.
(148) The Senate bill, but not the House, would establish
an independent governing board to ensure that research and
dissemination activities carried out by the center are
coordinated with the research activities carried out by the
Secretary.
Senate recedes
(149) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(150) The Senate bill retains the demonstration
partnership.
Senate recedes
(151) Identical provisions.
Legislative Counsel: similar or identical provision
(152) Similar provisions.
Senate recedes with amendment to read as follows:
(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of fiscal years 2007 through
2012.
(153) The House bill separates the Perkins incentive
grant funds from the incentive grant funds authorized under
Title I and Title II of WIA. The House bill awards incentive
grants without consideration of performance on WIA programs.
The Senate bill retains the current structure of the incentive
grants.
House and Senate recede.
Incentive grants removed as a part of the formula resolution. See notes
68-70.
Sec. 115. Assistance for outlying areas
(154) The House bill, but not the Senate, would increase
grant amounts for the outlying areas. The Senate bill retains
PREL as the initial recipient of the ``remainder'' to
subsequently make grants. The House bill no longer includes
PREL.
House and Senate recede with amendment to read as follows note 160.
(155) The Senate bill, but not the House, includes the
Republic of Palau in the ``Remainder'' provision of the bill.
However, the Senate bill no longer includes the Republic of
Palau in its definition of outlying areas. (See note 44.)
House and Senate recede with amendment to read as follows note 160.
(156) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(157) The Senate bill uses the term ``preparation,''
while the House bill uses the phrase ``training and
retraining.''
House and Senate recede with amendment to read as follows note 160.
(158) The Senate bill, but not the House, includes
``professional development for teachers, faculty, principals,
and administrators;''
House and Senate recede with amendment to read as follows note 160.
(159) The House bill, but not the Senate, strikes this
provision from current law.
House and Senate recede with amendment to read as follows note 160.
(160) Similar provisions.
House and Senate recede with amendment to read as follows for notes
154-160:
SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
(a) Outlying Areas.--From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
(1) make a grant in the amount of $660,000 to Guam;
(2) make a grant in the amount of $350,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands; and
(3) make a grant in the amount of $160,000 to the
Republic of Palau, subject to subsection (d).
(b) Remainder.--
(1) First year.--Subject to the provisions of
subsection (a), for the first year following the date
of enactment of the Carl D. Perkins Career and
Technical Education Improvement Act of 2006, the
Secretary shall make a grant of the remainder of funds
reserved pursuant to section 111(a)(1)(A) to the
Pacific Region Educational Laboratory in Honolulu,
Hawaii, to make grants for career and technical
education and training in Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, for the
purpose of providing direct career and technical
educational services, including--
(A) teacher and counselor training and
retraining;
(B) curriculum development; and
(C) the improvement of career and technical
education and training programs in secondary
schools and institutions of higher education,
or improving cooperative education programs
involving secondary schools and institutions of
higher education.
(2) Subsequent years.--Subject to subsection (a),
for the second fiscal year following the date of
enactment of the Carl D. Perkins Career and Technical
Education Improvement Act of 2006, and each subsequent
year, the Secretary shall make a grant of the remainder
of funds reserved pursuant to section 111(a)(1)(A) and
subject to subsection (a), in equal proportion, to each
of Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be used to provide direct
career and technical educational services as described
in subparagraphs (A) through (C) of paragraph (1).
(c) Limitation.--The Pacific Region Educational
Laboratory may use not more than 5 percent of the funds
received under subsection (b)(1) for administrative costs.
(d) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this section upon entering
into an agreement for extension of United States educational
assistance under the Compact of Free Association, unless
otherwise provided in such agreement.
Sec. 116. Native American programs
(161) Identical provisions.
Legislative Counsel: similar or identical provision
(162) Identical provisions.
Legislative Counsel: similar or identical provision
(163) Identical provisions.
Legislative Counsel: similar or identical provision
(164) Identical provisions.
Legislative Counsel: similar or identical provision
(165) Identical provisions.
Legislative Counsel: similar or identical provision
(166) Identical provisions.
Legislative Counsel: similar or identical provision
(167) Identical provisions.
Legislative Counsel: similar or identical provision
(168) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(169) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(170) Identical provisions.
Legislative Counsel: similar or identical provision
(171) Identical provisions.
Legislative Counsel: similar or identical provision
(172) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(173) The Senate bill, but not the House, inserts a comma
after the word ``section.''
Legislative Counsel: similar or identical provision
(174) The Senate bill, but not the House, changes the
word ``paragraph'' to ``section.''
Legislative Counsel: similar or identical provision
(175) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(176) Identical provisions.
Legislative Counsel: similar or identical provision
(177) Identical provisions.
Legislative Counsel: similar or identical provision
(178) Similar provisions. The Senate bill does not
require recognition by the Governor of the State of Hawaii.
House recedes with amendment to read as follows:
(h) Native Hawaiian Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award
grants to or enter into contracts with community-based
organizations primarily serving and representing Native
Hawaiians to plan, conduct, and administer programs, or
portions thereof, which are authorized by and consistent with
the provisions of this section for the benefit of Native
Hawaiians.
Sec. 117. Tribally controlled postsecondary career and technical
institutions
(179) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(180) The House bill, but not the Senate, provides that
funds may be used for ``institutional support costs of the
grant, including the expenses described in subsection (e).''
Senate recedes
The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(181) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(182) Similar provisions.
Senate recedes
(183) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(184) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(185) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(186) The Senate bill requires the needs assessment to be
conducted annually. The House bill deletes the requirement that
the Secretary conduct a needs assessment.
Senate recedes
(187) The Senate bill, but not the House bill, maintains
the requirement that the Secretary conduct a detailed study of
the training, housing, and immediate facilities needs of each
institution eligible under this section.
Senate recedes
(188) The Senate bill, but not the House bill, maintains
the requirement that the Secretary provide for the conduct of a
long-term study of the facilities of each institution eligible
for assistance under this section.
Senate recedes
(189) The Senate bill, but not the House bill, requires
the Secretary to provide a tribally controlled postsecondary
career and technical institution with a hearing on the record
with respect to determinations of grant eligibility or
regarding the calculation of the amount of a grant awarded
under this section.
House recedes with amendment to read as follows:
(g) Complaint Resolution Procedure.--The Secretary shall
establish (after consultation with tribally controlled
postsecondary career and technical institutions) a complaint
resolution procedure for grant determination and calculations
under this section for tribally controlled postsecondary career
and technical institutions.
(190) Identical provisions.
Legislative Counsel: similar or identical provision
(191) The Senate bill changes the term ``vocational'' to
``career.''
House recedes on ``career.''
Senate recedes with amendment to read as follows:
(2) Indian student count.--
(A) In general.--The term ``Indian student
count'' means a number equal to the total
number of Indian students enrolled in each
tribally controlled postsecondary career and
technical institution, as determined in
accordance with subparagraph (B).
(B) Determination.--
(i) Enrollment.--For each academic
year, the Indian student count shall be
determined on the basis of the
enrollments of Indian students as in
effect at the conclusion of--
(I) in the case of the fall
term, the third week of the
fall term; and
(II) in the case of the
spring term, the third week of
the spring term.
(ii) Calculation.--For each
academic year, the Indian student count
for a tribally controlled postsecondary
career and technical institution shall
be the quotient obtained by dividing--
(I) the sum of the credit
hours of all Indian students
enrolled in the tribally
controlled postsecondary career
and technical institution (as
determined under clause (i));
by
(II) 12.
(iii) Summer term.--Any credit
earned in a class offered during a
summer term shall be counted in the
determination of the Indian student
count for the succeeding fall term.
(iv) Students without secondary
school degrees.--
(I) In general.--A credit
earned at a tribally controlled
postsecondary career and
technical institution by any
Indian student that has not
obtained a secondary school
degree (or the recognized
equivalent of such a degree)
shall be counted toward the
determination of the Indian
student count if the
institution at which the
student is enrolled has
established criteria for the
admission of the student on the
basis of the ability of the
student to benefit from the
education or training of the
institution.
(II) Presumption.--The
institution shall be presumed
to have established the
criteria described in subclause
(I) if the admission procedures
for the institution include
counseling or testing that
measures the aptitude of a
student to successfully
complete a course in which the
student is enrolled.
(III) Credits toward
secondary school Degree.--No
credit earned by an Indian
student for the purpose of
obtaining a secondary school
degree (or the recognized
equivalent of such a degree)
shall be counted toward the
determination of the Indian
student count under this
clause.
(v) Continuing education
programs.--Any credit earned by an
Indian student in a continuing
education program of a tribally
controlled postsecondary career and
technical institution shall be included
in the determination of the sum of all
credit hours of the student if the
credit is converted to a credit hour
basis in accordance with the system of
the institution for providing credit
for participation in the program.
(192) The Senate bill, but not the House bill, specifies
an authorization level for FY06 for the purposed of this
section.
Senate recedes with amendment to read as follows:
Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section such sums as may be
necessary for each of fiscal years 2007 through 2012.
Sec. 118. Occupational and employment information
(193) Similar provisions.
Legislative Counsel: similar or identical provision
(194) The Senate bill includes specific contents for the
application.
House recedes with amendment to read as follows:
(b) State Application.--
(1) In general.--A jointly designated State entity
specified in subsection (c) that desires to receive a
grant shall submit an application to the Secretary at
the same time the State submits its State plan under
section 122, in such manner, and accompanied by such
additional information, as the Secretary may reasonably
require.
(2) Contents.--Each application submitted under
paragraph (1) shall include a description of how the
jointly designated State entity designated in
subsection (c) will provide information based on trends
provided pursuant to section 15 of the Wagner-Peyser
Act to inform program development.
(195) The Senate bill includes academic achievement
standards adopted by the State under ESEA.
House recedes with amendment to read as follows: (see note 194)
(196) The Senate bill, but not the House bill, includes a
focus on high skill, high wage, or high demand occupations in
emerging or established professions.
Senate recedes with amendment to read as follows:
(c) State Level Activities.--In order for a State to
receive a grant under this section, the eligible agency and the
Governor of the State shall jointly designate an entity in the
State--
(1) to provide support for career guidance and
academic counseling programs designed to promote
improved career and education decision making by
students (and parents, as appropriate) regarding
education (including postsecondary education) and
training options and preparations for high skill, high
wage, or high demand occupations and non-traditional
fields;
(2) to make available to students, parents,
teachers, administrators, faculty, and career guidance
and academic counselors, and to improve accessibility
with respect to, information and planning resources
that relate academic and career and technical
educational preparation to career goals and
expectations;
(197) The Senate bill, but not the House bill, includes a
focus on high skill, high wage, or high demand occupations and
non-traditional fields, including occupations and fields
requiring a baccalaureate degree. The Senate bill includes an
emphasis on providing this information to special populations
underrepresented in certain careers.
House recedes with amendment to read as follows:
(3) to provide academic and career and technical
teachers, faculty, administrators, and career guidance
and academic counselors with the knowledge, skills, and
occupational information needed to assist parents and
students, especially special populations, with career
exploration, educational opportunities, education
financing, and exposure to high skill, high wage, or
high demand occupations and non-traditional fields,
including occupations and fields requiring a
baccalaureate degree;
(198) The Senate bill, but not the House bill, includes a
focus on high skill, high wage, or high demand occupations in
emerging or established professions.
House recedes with amendment to read as follows:
(4) to assist appropriate State entities in
tailoring career related educational resources and
training for use by such entities, including
information on high skill, high wage, or high demand
occupations in current or emerging professions and on
career ladder information.
(199) The Senate bill, but not the House, requires the
entities receiving grants under this section to provide
information, if available, for each occupation on the average
earnings of the individual, the expected lifetime earnings, and
the expected future demand for the occupation.
House and Senate recede with amendment to read as follows:
(7) to provide readily available occupational
information such as--
(A) information relative to employment
sectors;
(B) information on occupation supply and
demand; and
(C) other information provided pursuant to
section 15 of the Wagner-Peyser Act as the
jointly designated State entity considers
relevant.
(200) Similar provisions.
Legislative Counsel: similar or identical provision
(201) Similar provisions.
Legislative Counsel: similar or identical provision
(202) Similar provisions.
Legislative Counsel: similar or identical provision
(203) Similar provisions.
Legislative Counsel: similar or identical provision
PART B--STATE PROVISIONS
Sec. 121. State Administration
(204) Identical provisions.
Legislative Counsel: similar or identical provision
(205) The Senate bill, but not the House, includes
``teacher and faculty preparation programs'' and ``all types of
businesses'' in the consultation process.
House recedes with amendment to read as follows:
(2) consultation with the Governor and appropriate
agencies, groups, and individuals including parents,
students, teachers, teacher and faculty preparation
programs, representatives of businesses (including
small businesses), labor organizations, eligible
recipients, State and local officials, and local
program administrators, involved in the planning,
administration, evaluation, and coordination of
programs funded under this title;
(206) Identical provisions.
Legislative Counsel: similar or identical provision
(207) Identical provisions.
Legislative Counsel: similar or identical provision
(208) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 122. State plan
(209) The Senate bill allows eligible agencies to submit
transition plans to meet the requirements of this section.
House and Senate recede with amendment to read as follows:
(a) State Plan.--
(1) In general.--Each eligible agency desiring
assistance under this title for any fiscal year shall
prepare and submit to the Secretary a State plan for a
6-year period, together with such annual revisions as
the eligible agency determines to be necessary, except
that during the period described in section 4, each
eligible agency may submit a transition plan that shall
fulfill the eligible agency's obligation to submit a
State plan under this section for the first fiscal year
following the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of 2006.
(210) Identical provisions.
Legislative Counsel: similar or identical provision
(211) The House bill, but not the Senate, includes
charter school authorizers and organizers, students, and
community organizations.
Senate recedes with amendment to read as follows:
groups (including charter school authorizers and organizers
consistent with State law, employers, labor organizations,
parents, students, and community organizations),
(212) The Senate bill includes career guidance and
academic counselors, State tech prep coordinators and
representatives of tech prep consortia, the lead State agency
officials with responsibility for activities under the
Workforce Investment Act, and includes small businesses and
economic development entities in the business and industry
category.
House recedes with amendment to read as follows:
(b) Plan Development.--
(1) In general.--The eligible agency shall--
(A) develop the State plan in consultation
with--
(i) academic and career and
technical education teachers, faculty,
and administrators;
(ii) career guidance and academic
counselors;
(iii) eligible recipients;
(iv) charter school authorizers and
organizers (consistent with State law);
(v) parents and students;
(vi) institutions of higher
education;
(vii) the State tech prep
coordinator and representatives of tech
prep consortia (if applicable);
(viii) entities participating in
activities under section 111 of P.L.
105-220;
(ix) interested community members
(including parent and community
organizations);
(x) representatives of special
populations;
(xi) representatives of business
and industry (including representatives
of small business); and
(xii) representatives of labor
organizations in the State; and
(B) consult the Governor of the State with
respect to such development.
(213) Identical provisions.
Legislative Counsel: similar or identical provision
(214) The Senate bill changes the term ``vocational'' to
``career.''
House and Senate recede with amendment to read as follows for notes
214-230:
(A) the career and technical programs of
study, which may be adopted by local
educational agencies and postsecondary
institutions to be offered as an option to
students (and their parents as appropriate)
when planning for and completing future
coursework, for career and technical content
areas that--
(i) incorporate secondary education
and postsecondary education elements;
(ii) include coherent and rigorous
content aligned with challenging
academic standards and relevant career
and technical content in a coordinated,
non-duplicative progression of courses
that align secondary education with
postsecondary education to adequately
prepare students to succeed in
postsecondary education;
(iii) may include the opportunity
for secondary education students to
participate in dual or concurrent
enrollment programs or other ways to
acquire postsecondary education
credits; and
(iv) lead to an industry-recognized
credential or certificate at the
postsecondary level, or an associate or
baccalaureate degree;
(B) how the eligible agency, in
consultation with eligible recipients, will
develop and implement the career and technical
programs of study described in subparagraph
(A);
(C) how the eligible agency will support
eligible recipients in developing and
implementing articulation agreements between
secondary education and postsecondary education
institutions;
(D) how the eligible agency will make
available information about career and
technical programs of study offered by eligible
recipients;
(E) the secondary and postsecondary career
and technical education programs to be carried
out, including programs that will be carried
out by the eligible agency to develop, improve,
and expand access to appropriate technology in
career and technical education programs;
(F) the criteria that will be used by the
eligible agency to approve eligible recipients
for funds under this Act, including criteria to
assess the extent to which the local plan
will--
(i) promote continuous improvement
in academic achievement;
(ii) promote continuous improvement
of technical skill attainment; and
(iii) identify and address current
or emerging occupational opportunities;
(G) how programs at the secondary level
will prepare career and technical education
students, including special populations, to
graduate from secondary school with a diploma;
(H) how such programs will prepare career
and technical education students, including
special populations, academically and
technically, for opportunities in postsecondary
education or entry into high skill, high wage,
or high demand occupations in current or
emerging occupations, and how participating
students will be made aware of such
opportunities;
(I) how funds will be used to improve or
develop new career and technical education
courses--
(i) at the secondary level that are
aligned with rigorous and challenging
academic content standards and student
academic achievement standards adopted
by the State under section 1111 (b)(1)
of the Elementary and Secondary
Education Act of 1965;
(ii) at the postsecondary level
that are relevant and challenging; and
(iii) that lead to employment in
high skill, high wage, or high demand
occupations;
(J) how the eligible agency will facilitate
and coordinate communication on best practices
among successful tech prep program grants under
title II and eligible recipients to improve
program quality and student achievement;
(K) how funds will be used effectively to
link secondary and postsecondary academic and
career and technical education at the secondary
level and the postsecondary level in a manner
that increases student academic and career and
technical achievement; and
(L) how the eligible agency will report on
the integration of coherent and rigorous
content aligned with challenging academic
standards in career and technical education
programs in order to adequately evaluate the
extent of such integration.
(215) The House and Senate bill use different terms. The
House bill requires the eligible agency to describe in the plan
how model sequences of courses will include secondary and
postsecondary components. The Senate bill requires the eligible
agency to describe how it will support eligible recipients in
developing or implementing career pathways and in developing
articulation agreements between secondary and postsecondary
institutions.
House and Senate recede with amendment to read as follows note 214.
(216) The House bill requires a description of how the
model sequence of courses will include rigorous and challenging
content. The Senate bill requires a descriptionof how the
eligible agency will support eligible recipients in using labor market
information to identify career pathways that prepare individuals for
high skill, high wage, or high demand occupations.
House and Senate recede with amendment to read as follows note 214.
(217) The House bill requires a description of how the
model sequence of courses will lead to a postsecondary 1-year
certificate, associate or baccalaureate degree, or a
proficiency credential in conjunction with a secondary school
diploma. The Senate bill requires a description of how the
eligible agency will make available information about career
pathways offered by eligible recipients.
House and Senate recede with amendment to read as follows note 214.
(218) The House bill requires a description of how the
model sequence of courses may be adopted by local educational
agencies and postsecondary institutions to be offered as an
option to students (and their parents as appropriate), when
choosing future coursework. The Senate bill requires a
description of how the eligible agency will consult with
business and industry and use industry-recognized standards and
assessments, if appropriate, to develop career pathways.
House and Senate recede with amendment to read as follows note 214.
(219) The House bill, but not the Senate bill, includes
language requiring a description of how the eligible agency
will distribute information identifying eligible recipients
that offer elements of the model sequence of courses.
House and Senate recede with amendment to read as follows note 214.
(220) The Senate bill changes the term ``vocational'' to
``career.''
House recedes.
(221) Similar provisions. The Senate bill, but not the
House bill, requires the local plan to identify and address
workforce needs.
House and Senate recede with amendment to read as follows note 214.
The House bill requires the local plan to promote
continuous and substantial improvement.
House and Senate recede with amendment to read as follows note 214.
(222) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 214.
(223) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.'' The Senate bill includes an
emphasis on special populations.
House and Senate recede with amendment to read as follows note 214.
House recedes on ``career.''
(224) The Senate bill is more specific. It requires that
new courses in high skill, high wage, or high demand
occupations are linked to business needs and industry
standards, where appropriate. It also requires that courses at
the secondary level are aligned with standards adopted by the
State under ESEA and that courses at the postsecondary level
are relevant and challenging.
House and Senate recede with amendment to read as follows note 214.
(225) The Senate bill changes the term ``vocational'' to
``career.''
House recedes.
(226) The House bill uses the term ``rigorous.''
House and Senate recede with amendment to read as follows note 214.
(227) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
(228) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
(229) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
(230) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
(231) The Senate bill, but not the House bill, includes
principals in the professional development language.
House and Senate recede with amendment to read as follows note 267.
(232) The Senate bill changes the term ``vocational'' to
``career.''
House recedes.
(233a) The House bill includes the term ``rigorous.''
House and Senate recede with amendment to read as follows note 267.
(233b) The House bill includes a provision to encourage
applied learning that contributes to the academic and
vocational and technical knowledge of the student.
House and Senate recede with amendment to read as follows note 267.
(234) The Senate bill is more expansive in the
requirements for professional development.
House and Senate recede with amendment to read as follows note 267.
(235) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
(236) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
(237) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
(238) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.'' The Senate bill also
includes faculty, principals, administrators, counselors,
business intermediaries, State workforce investment boards, and
local workforce investment boards.
House and Senate recede with amendment to read as follows note 267.
(239) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
(240) The Senate bill, but not the House bill, includes a
new subparagraph (A) relating to the use of funds to improve or
develop new career and technical education courses in high
skill, high wage, or high demand occupations.
House and Senate recede with amendment to read as follows note 267.
(241) The House bill refers to ESEA for definition of
core academic subjects.
House and Senate recede with amendment to read as follows note 267.
(242) The Senate bill (subparagraph (D)), encourages
enrollment in challenging courses in core academic subjects.
The House bill (subparagraph (A)) requires the integration of
academics with vocational and technical education to ensure
learning in core academic subjects.
House and Senate recede with amendment to read as follows note 267.
(243) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.'' The Senate bill requires
programs to be coordinated to promote lifelong learning.
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
(244) Similar provisions.
House and Senate recede with amendment to read as follows note 267.
(245) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
(246) Similar provisions. House bill uses term
``describe.'' Senate bill uses term ``describes.''
House and Senate recede with amendment to read as follows note 267.
(247) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
(248) The House bill, but not the Senate bill, adds a
specific restriction on the use of funds for purchasing
technology.
House and Senate recede with amendment to read as follows note 267.
(249) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
(250) The Senate bill requires a description of how the
eligible agency will measure and report data.
House and Senate recede with amendment to read as follows note 267.
(251) The Senate bill requires data to be reported for
specific career clusters.
House and Senate recede with amendment to read as follows note 267.
(252) The Senate bill replaces the term ``vocational''
with ``career.''
House recedes.
(253) The Senate bill requires a description of how the
eligible agency will disaggregate data, depending on the type
of eligible recipient.
House and Senate recede with amendment to read as follows note 267.
(254) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
(255) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
(256) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
(257) The Senate bill, but not the House bill, includes
coordination with workforce investment programs.
House and Senate recede with amendment to read as follows note 267.
(258) The Senate bill, but not the House bill, requires a
description of how funds will be used to promote preparation
for high skill, high wage, or high demand occupations. The
Senate bill also requires preparation for non-traditional
fields in emerging and established professions.
House and Senate recede with amendment to read as follows note 267.
(259) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
(260) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
(261) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
(262) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
(263) Similar provisions.
House and Senate recede with amendment to read as follows note 267.
(264) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
(265) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
(266) The Senate bill changes the term ``vocational'' to
``career.''
House recedes on ``career.''
(267) Identical provisions.
House and Senate recede with amendment to read as follows for notes
231-267:
(2) describes how comprehensive professional
development (including initial teacher preparation and
activities that support recruitment) for career and
technical education teachers, faculty, administrators,
and career guidance and academic counselors will be
provided, especially professional development that--
(A) promotes the integration of coherent
and rigorous academic content standards and
career and technical education curricula,
including through opportunities for the
appropriate academic and career and technical
teachers to jointly develop and implement
curricula and pedagogical strategies, as
appropriate;
(B) increases the percentage of teachers
that meet teacher certification or licensing
requirements;
(C) is high quality, sustained, intensive,
focused on instruction, and increases the
academic knowledge and understanding of
industry standards, as appropriate, of career
and technical education teachers;
(D) encourages applied learning that
contributes to the academic and career and
technical knowledge of the student;
(E) provides the knowledge and skills
needed to work with and improve instruction for
special populations;
(F) assists in accessing and utilizing
data, including data provided under section
118, student achievement data, and data from
assessments; and
(G) promotes integration with professional
development activities that the State carries
out under Title II of the Elementary and
Secondary Education Act of 1965 and Title II of
the Higher Education Act of 1965.
(3) describes efforts to improve--
(A) the recruitment and retention of career
and technical education teachers, faculty, and
career guidance and academic counselors,
including individuals in groups
underrepresented in the teaching profession;
and
(B) the transition to teaching from
business and industry, including small
business;
(4) describes efforts to facilitate the transition
of subbaccalaureate career and technical education
students into baccalaureate degree programs at
institutions of higher education;
(5) describes how the eligible agency will actively
involve parents, academic and career and technical
education teachers, administrators, faculty, career
guidance and academic counselors, local business
(including small businesses), and labor organizations
in the planning, development, implementation, and
evaluation of such career and technical education
programs;
(6) describes how funds received by the eligible
agency through the allotment made under section 111
will be allocated--
(A) among career and technical education at
the secondary level, or career and technical
education at the postsecondary and adult
levels, or both, including the rationale for
such allocation; and
(B) among any consortia that will be formed
among secondary schools and eligible
institutions, and how funds will be allocated
among the members of the consortia, including
the rationale for such allocation;
(7) describes how the eligible agency will--
(A) improve the academic and technical
skills of students participating in career and
technical education programs, including
strengthening the academic and career and
technical components of career and technical
education programs through the integration of
academics with career and technical education
to ensure learning in--
(i) the core academic subjects (as
defined in section 9101 of the
Elementary and Secondary Education Act
of 1965); and
(ii) career and technical education
subjects;
(B) provide students with strong experience
in, and understanding of, all aspects of an
industry; and
(C) ensure that students who participate in
such career and technical education programs
are taught to the same challenging academic
proficiencies as are taught to all other
students;
(8) describes how the eligible agency will annually
evaluate the effectiveness of such career and technical
education programs, and describes, to the extent
practicable, how the eligible agency is coordinating
such programs to ensure nonduplication with other
Federal programs;
(9) describes the eligible agency's program
strategies for special populations, including a
description of how individuals who are members of the
special populations--
(A) will be provided with equal access to
activities assisted under this Act;
(B) will not be discriminated against on
the basis of their status as members of the
special populations; and
(C) will be provided with programs designed
to enable the special populations to meet or
exceed State adjusted levels of performance,
and prepare special populations for further
learning and for high skill, high wage, or high
demand occupations;
(10) describes--
(A) efforts to ensure that eligible
recipients are given the opportunity to provide
input in determining the State adjusted levels
of performance described in section 113; and
(B) how the eligible agency, in
consultation with eligible recipients, will
develop a process for the negotiation of local
adjusted levels of performance under section
113(b)(4) if an eligible recipient does not
accept the State adjusted levels of performance
under Section 113(b)(3);
(11) provides assurances that the eligible agency
will comply with the requirements of this Act and the
provisions of the State plan, including the provision
of a financial audit of funds received under this Act
which may be included as part of an audit of other
Federal or State programs;
(12) provides assurances that none of the funds
expended under this Act will be used to acquire
equipment (including computer software) in any instance
in which such acquisition results in a direct financial
benefit to any organization representing the interests
of the acquiring entity, the employees of the acquiring
entity, or any affiliate of such an organization;
(13) describes how the eligible agency will report
data relating to students participating in career and
technical education in order to adequately measure the
progress of the students, including special
populations, and how the eligible agency will ensure
that the data reported to the eligible agency from
local educational agencies and eligible institutions
under this title and the data the eligible agency
reports to the Secretary are complete, accurate, and
reliable;
(14) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
(15) describes how the eligible agency will provide
local educational agencies, area career and technical
education schools, and eligible institutions in the
State with technical assistance;
(16) describes how career and technical education
relates to State and regional occupational
opportunities;
(17) describes the methods proposed for the joint
planning and coordination of programs carried out under
this title with other Federal education programs;
(18) describes how funds will be used to promote
preparation for high skill, high wage, or high demand
occupations and non-traditional fields;
(19) describes how funds will be used to serve
individuals in State correctional institutions; and
(20) contains the description and information
specified in sections 112(b)(8) and 121(c) of Public
Law 105-220 concerning the provision of services only
for postsecondary students and school dropouts.
(d) Plan Options.--
(1) Single plan.--An eligible agency not choosing
to consolidate funds under section 202 shall fulfill
the plan or application submission requirements of this
section, and section 201(c), by submitting a single
State plan. In such plan, the eligible agency may allow
recipients to fulfill the plan or application
submission requirements of section 134 and subsections
(a) and (b) of section 204 by submitting a single local
plan.
(2) Plan submitted as part of 501 plan.--The
eligible agency may submit the plan required under this
section as part of the plan submitted under section 501
of Public Law 105-220, if the plan submitted pursuant
to the requirement of this section meets the
requirements of this Act.
(e) Plan Approval.--
(1) In general.--The Secretary shall approve a
State plan, or a revision to an approved State plan,
unless the Secretary determines that--
(A) the State plan, or revision,
respectively, does not meet the requirements of
this Act; or
(B) the State's levels of performance on
the core indicators of performance consistent
with section 113 are not sufficiently rigorous
to meet the purpose of this Act.
(2) Disapproval.--The Secretary shall not finally
disapprove a State plan, except after giving the
eligible agency notice and an opportunity for a
hearing.
(3) Consultation.--The eligible agency shall
develop the portion of each State plan relating to the
amount and uses of any funds proposed to be reserved
for adult career and technical education, postsecondary
career and technical education, tech prep education,
and secondary career and technical education after
consultation with the State agency responsible for
supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions
primarily engaged in providing postsecondary career and
technical education, and the State agency responsible
for secondary education. If a State agency finds that a
portion of the final State plan is objectionable, the
State agency shall file such objections with the
eligible agency. The eligible agency shall respond to
any objections of the State agency in the State plan
submitted to the Secretary.
(4) Timeframe.--A State plan shall be deemed
approved by the Secretary if the Secretary has not
responded to the eligible agency regarding the State
plan within 90 days of the date the Secretary receives
the State plan.
Sec. 123. Improvement plans
(268) The House bill requires that the improvement plan
give special consideration to performance gaps.
House and Senate recede with amendment to read as follows note 272.
(269) Identical provisions.
House and Senate recede with amendment to read as follows note 272.
(270a) The Senate bill has the caption heading
``FAILURE.''
House and Senate recede with amendment to read as follows note 272.
(270b) The Senate bill specifies that action may be taken
if an eligible agency fails to meet more than one of the State
adjusted levels of performance for 2 or more consecutive years.
The House bill specifies that subsequent action may occur if an
eligible recipient does not meet the State adjusted levels of
performance and the purposes of the Act for 2 or more
consecutive years.
House and Senate recede with amendment to read as follows note 272.
Report Language: In establishing separate indicators for
secondary and postsecondary programs, the Conferees acknowledge
the distinct activities carried out by secondary and
postsecondary recipients. By providing the Secretary with the
discretion to take subsequent action against an eligible
agency, as specified in Section 123(b)(4), the Conferees intend
that the Secretary withhold only those funds from the eligible
agency that are designated to support the activities related to
the core indicators for which the agency failed to meet the
adjusted levels of performance.
(271) Identical provisions.
House and Senate recede with amendment to read as follows note 272.
Report Language: The Conferees intend that, in
determining whether to impose sanctions, the Secretary consider
the number of, and the degree by which, a State recipient
failed to meet its State adjusted levels of performance.
(272) Identical provisions.
House and Senate recede with amendment to read as follows for notes
268-272.
SEC. 123. IMPROVEMENT PLANS.
(a) State Program Improvement.--
(1) Plan.--If a State fails to meet at least 90
percent of an agreed upon State adjusted level of
performance for any of the core indicators of
performance described in section 113(b)(3), the
eligible agency shall develop and implement a program
improvement plan (with special consideration to
performance gaps identified under section 113(c)(2)) in
consultation with the appropriate agencies,
individuals, and organizations during the first program
year succeeding the program year for which the eligible
agency failed to so meet the State adjusted level of
performance for any of the core indicators of
performance.
(2) Technical assistance.--If the Secretary
determines that an eligible agency is not properly
implementing the eligible agency's responsibilities
under section 122, or is not making substantial
progress in meeting the purposes of this Act, based on
the State's adjusted levels of performance, the
Secretary shall work with the eligible agency to
implement the improvement activities consistent with
the requirements of this Act.
(3) Subsequent action.--
(A) In general.--The Secretary may, after
notice and opportunity for a hearing, withhold
from an eligible agency all, or a portion, of
the eligible agency's allotment under
paragraphs (2) and (3) of section 112(a) if the
eligible agency--
(i) fails to implement an
improvement plan as described in
paragraph (1);
(ii) fails to make any improvement
in meeting any of the State adjusted
levels of performance for the core
indicators of performance identified
under paragraph (1) within the first
program year of implementation of its
improvement plan described in paragraph
(1); or
(iii) fails to meet at least 90
percent of an agreed upon State
adjusted level of performance for the
same core indicator of performance for
3 consecutive years.
(B) Waiver for exceptional circumstances.--
The Secretary may waive the sanction in
subparagraph (A) due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen
decline in the financial resources of the
State.
(4) Funds resulting from reduced allotments.--The
Secretary shall use funds withheld under paragraph (3)
for a State served by an eligible agency to provide
technical assistance to assist in the development of an
improved State improvement plan, or for other
improvement activities consistent with the requirements
of this Act for such State.
(273) Similar provisions. The Senate bill changes the
term ``vocational'' to ``career.''
House recedes
(274) Similar provisions. The House bill, but not the
Senate bill, references a persistent or a widening of
performance gaps.
House and Senate recede with amendment as follows note 279.
(275) The Senate bill requires the assessment to include
special populations.
Senate recedes
(276) The Senate bill requires the eligible agency to
consult with principals, administrators, and faculty.
Senate recedes
(277) The Senate bill, but not the House, permits an
eligible recipient to request additional technical assistance
directly from the Secretary.
House and Senate recede with amendment as follows note 279.
Report Language: In establishing separate indicators for
secondary and postsecondary programs, the Conferees acknowledge
the distinct activities carried out by secondary and
postsecondary recipients. By providing a State with the
discretion to take subsequent action against an eligible
recipient, as specified in Section 123(b)(4), the Conferees
intend that the State withhold only those funds from the
eligible recipient that are designated to support the
activities related to the core indicators for which the
recipient failed to meet the adjusted levels of performance.
(278a) The Senate bill has the caption heading
``FAILURE.''
House and Senate recede with amendment as follows note 279.
(278b) The Senate bill specifies that action may be taken
if an eligible recipient fails to meet more than one of the
local adjusted levels of performance for 2 or more consecutive
years. The House bill specifies that subsequent action may
occur if an eligible recipient does not meet the local adjusted
levels of performance and the purposes of the Act for 2 or more
consecutive years.
House and Senate recede with amendment as follows note 279.
Report Language: The conferees intend that, in
determining whether to impose sanctions, an eligible agency
consider the number of, and the degree by which, an eligible
recipient failed to meet its local adjusted levels of
performance and the impact, if any, on eligible recipient's
reported performance of the small size of its career and
technical education program.
(279) The Senate bill, but not the House, includes
``organizational structure'' as grounds for waiver of the
sanctions described.
House and Senate recede with amendment as follows for notes 274-279:
(2) Plan.--If, after reviewing the evaluation in
paragraph (1), the eligible agency determines that an
eligible recipient failed to meet at least 90 percent
of an agreed upon local adjusted level of performance
for any of the core indicators of performance described
in section 113(b)(4), the eligible recipient shall
develop and implement a program improvement plan (with
special consideration to performance gaps identified
under section 113(b)(4)(C)(ii)(II)) in consultation
with the eligible agency, appropriate agencies,
individuals, and organizations during the first program
year succeeding the program year for which the eligible
entity failed to so meet any of the local adjusted
levels of performance for any of the core indicators of
performance.
(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities
under section 134, or is not making substantial
progress in meeting the purposes of this Act, based on
the local adjusted levels of performance, the eligible
agency shall work with the eligible recipient to
implement improvement activities consistent with the
requirements of this Act.
(4) Subsequent action.--
(A) In general.--The eligible agency may,
after notice and opportunity for a hearing,
withhold from the eligible recipient all, or a
portion, of the eligible recipient's allotment
under this title if the eligible recipient--
(i) fails to implement an
improvement plan as described in
paragraph (2);
(ii) fails to make any improvement
in meeting any of the local adjusted
levels of performance for the core
indicators of performance identified
under paragraph (2) within the first
program year of implementation of its
improvement plan described in paragraph
(2); or
(iii) fails to meet at least 90
percent of an agreed upon local
adjusted level of performance for the
same core indicator of performance for
3 consecutive years.
(B) Waiver for exceptional circumstances.--
The eligible agency may, in determining whether
to impose sanctions under subparagraph (A),
waive imposing sanctions--
(i) due to exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the eligible recipient; or
(ii) based on the impact on the
eligible recipient's reported
performance of the small size of the
career and technical education program
operated by the eligible recipient.
(280) Similar provisions.
Legislative Counsel: similar or identical provision
Report Language: The conferees recognize that the
possible sanction of an eligible recipient could result in an
unnecessary disruption of services and activities. It is the
intention of theconferees that in the event of a sanction, the
services and activities to be provided through an alternative
arrangement should be provided by the state agency or another eligible
recipient.
Sec. 124. State leadership activities
(281) Similar provisions.
Senate recedes
(282) Identical provisions.
Legislative Counsel: similar or identical provision
(283) The Senate bill changes ``vocational'' to
``career.''
House recedes
(284) The Senate bill, but not the House, includes
``further training,'' and ``high skill, high wage, or high
demand occupations.''
House recedes
(285) The House bill, but not the Senate, includes ``math
and science'' education.
House and Senate recede with amendment to read as follows note 288.
(286) The Senate bill, but not the House, deletes
subparagraph (B) from current law.
House and Senate recede with amendment to read as follows note 288.
(287) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(288) The Senate bill, but not the House, includes
lifelong learning and partnerships to link career and technical
education with businesses, workforce investment entities and
communications entities.
House and Senate recede with amendment to read as follows for notes
285-288:
(2) developing, improving, or expanding the use of
technology in career and technical education that may
include--
(A) training of career and technical
education teachers, faculty, career guidance
and academic counselors, and administrators to
use technology, including distance learning;
(B) providing career and technical
education students with the academic and career
and technical skills (including the math and
science knowledge that provides a strong basis
for such skills) that lead to entry into
technology fields, including non-traditional
fields; or
(C) encouraging schools to collaborate with
technology industries to offer voluntary
internships and mentoring programs;
(289) The House bill, but not the Senate, includes a new
requirement that professional development include training on
the integration and use of rigorous and challenging standards.
House and Senate recede with amendment to read as follows:
(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for career and
technical education teachers, faculty, administrators,
and career guidance and academic counselors at the
secondary and postsecondary levels, that support
activities described in section 122 and--
(290a) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(290b) The Senate bill includes language on
scientifically based research and effective practices to
improve parental and community involvement.
Senate recedes with amendment to read as follows:
(A) provide in-service and preservice
training in career and technical education
programs--
(i) on effective integration and
use of challenging academic and career
and technical education provided
jointly with academic teachers to the
extent practicable;
(ii) on effective teaching skills
based on research that includes
promising practices;
(iii) on effective practices to
improve parental and community
involvement; and
(iv) on effective use of
scientifically based research and data
to improve instruction;
Report Language: The Conferees believe that states should
look to the appropriate scientifically based research to guide
their professional development offerings in order to promote
promising practices at the local level.
(291) The House bill, but not the Senate bill, includes a
new requirement that professional development activities be
``high quality, sustained, intensive, and classroom-focused in
order to have a positive and lasting impact on classroom
instruction and the teacher's performance in the classroom, and
are not 1-day or short-term workshops or conferences.''
House and Senate recede with amendment to read as follows:
(B) are high quality, sustained, intensive,
and classroom-focused in order to have a
positive and lasting impact on classroom
instruction and the teacher's performance in
the classroom, and are not 1-day or short-term
workshops or conferences;
(C) will help teachers and personnel to
improve student achievement in order to meet
the State adjusted levels of performance
established under section 113;
(D) will support education programs for
teachers of vocational and technical education
in public schools and other public school
personnel who are involved in the direct
delivery of educational services to career and
technical education students to ensure that
teachers and personnel--
(i) stay current with the needs,
expectations, and methods of industry;
(ii) can effectively develop
rigorous and challenging, integrated
academic and career and technical
education curricula jointly with
academic teachers, to the extent
practicable;
(iii) develop a higher level of
academic and industry knowledge and
skills in career and technical
education; and
(iv) effectively use applied
learning that contributes to the
academic and vocational and technical
knowledge of the student; and
(E) are coordinated with the teacher
certification or licensing and professional
development activities that the State carries
out under title II of the Elementary and
Secondary Education Act of 1965 and title II of
the Higher Education Act of 1965;
(292) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(293) The House bill, but not the Senate, provides for
the provision of ``rigorous and challenging academics that are
integrated with vocational and technical education to ensure
achievement in the core academic subjects.''
House recedes with amendment to read as follows:
(4) supporting career and technical education
programs that improve the academic and career and
technical skills of students participating in career
and technical education programs by strengthening the
academic and career and technical components of such
career and technical education programs through the
integration of coherent and relevant content aligned
with challenging academic standards and relevant career
and technical education to ensure achievement in--
(A) the core academic subjects (as defined
in section 9101 of the Elementary and Secondary
Education Act of 1965); and
(B) career and technical subjects;
(294) The Senate bill, but not the House, includes the
qualifying language: ``in emerging and established professions,
and other activities that expose students, including special
populations, to high skill, high wage occupation.''
House recedes with amendment to read as follows:
(5) providing preparation for non-traditional
fields in current and emerging professions, and other
activities that expose students, including special
populations, to high skill, high wage occupations;
(295) The Senate bill includes ``intermediaries.''
House recedes
(296) The Senate bill uses the term ``career pathways,''
the House bill uses the term ``model sequence or courses.''
Senate recedes with amendment to read as follows:
(6) supporting partnerships among local educational
agencies, institutions of higher education, adult
education providers, and, as appropriate, other
entities, such as employers, labor organizations,
intermediaries, parents, and local partnerships, to
enable students to achieve State academic standards,
and career and technical skills, or complete career and
technical programs of study, as described in section
122(c)(1)(A);
(297) Identical provisions.
Legislative Counsel: similar or identical provision
(298) Senate bill, but not the House, includes ``high
demand occupations.''
House recedes
(299) Identical provisions.
Legislative Counsel: similar or identical provision
(300) Identical provisions.
Legislative Counsel: similar or identical provision
(301) The Senate bill, but not the House bill, allows
funds to be used to encourage students to graduate with a
diploma or a degree, and expose student to high skill, high
wage occupations and non-traditional fields in emerging and
established professions.
House recedes with amendment to read as follows:
(1) improvement of career guidance and academic
counseling programs that assist students in making
informed academic and career and technical education
decisions, including--
(A) encouraging secondary and postsecondary
students to graduate with a diploma or degree;
and
(B) exposing students to high skill, high
wage occupations and non-traditional fields;
The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(302) Similar provisions. The Senate bill specifically
mentions articulation agreements as a possible type of
agreement.
House recedes
(303) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(304) Identical provisions.
Legislative Counsel: similar or identical provision
(305) The Senate bill combines this provision into
paragraph (8) below.
House recedes
(306) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(307) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(308) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(309) Identical provisions.
Legislative Counsel: similar or identical provision
(310) The Senate bill allows partnerships between
education and business intermediaries. The Senate bill provides
for adjunct faculty arrangements at the secondary and
postsecondary levels. The Senate bill includes cooperative
education (see note 305).
House recedes
(311) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
The Senate bill allows the development of new
initiatives. The Senate bill includes career clusters, career
academics, and distance learning. The Senate bill also
emphasizes high skill, high wage, or high demand occupations.
House recedes with amendment to read as follows:
(9) support to improve or develop new career and
technical education courses and initiatives, including
career clusters, career academies, and distance
education, that prepare individuals academically and
technically for high skill, high wage, or high demand
occupations;
(312) The House bill includes preparation for current and
emerging occupations in demand.
House recedes
(313) The House bill, but not the Senate, stipulates
requirements for the award of performance incentive grants
beyond the requirements of section 113.
House and Senate recede with amendment to read as follows:
(10) awarding incentive grants to eligible
recipients--
(A) for exemplary performance in carrying
out programs under this Act, which awards shall
be based on--
(i) eligible recipients exceeding
the local adjusted levels of
performance established under section
113(b) in a manner that reflects
sustained or significant improvement;
(ii) eligible recipients
effectively developing connections
between secondary education and
postsecondary education and training;
(iii) the adoption and integration
of coherent and rigorous content
aligned with challenging academic
standards and technical coursework;
(iv) eligible recipients' progress
in having special populations who
participate in career and technical
education programs meet local adjusted
levels of performance;
(v) other factors relating to the
performance of the eligible recipient
under this Act as the eligible agency
determines are appropriate; or
(B) if an eligible recipient elects to use
funds as permitted under section 135(c)(19).
(314) No similar provision is included in S. 250.
Senate recedes
(315) The Senate bill, but not the House, provides for
coordination with State Adult Basic Education and Family
Literacy activities.
House recedes with amendment to read as follows:
(12) providing career and technical education
programs for adults and school dropouts to complete
their secondary school education, in coordination, to
the extent practicable, with activities authorized
under the Adult Education and Family Literacy Act.
(316) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(317) The Senate bill, but not the House bill, provides
for collaboration with State workforce investment systems to
help individuals find employment or continue their education or
training.
House recedes with amendment to read as follows:
(13) providing assistance to individuals, who have
participated in services and activities under this
title, in continuing individuals' education or training
or finding appropriate jobs, such as through referral
to the system established under section 121 of Public
Law 105-220 (29 U.S.C. 2801 et seq.);
(318) No similar provision in included in H.R. 366.
House recedes with amendment to read as follows:
(14) developing valid and reliable assessments of
technical skills;
(319) No similar provision is included in H.R. 366.
House recedes
(320) No similar provision is included in H.R. 366.
House recedes with amendment to read as follows:
(17) support for occupational and employment
information resources, such as those described in
section 118.
(321) No similar provision is included in H.R. 366.
Senate recedes
(322) Similar provisions.
Senate recedes
PART C--LOCAL PROVISIONS
Sec. 131. Distribution of funds to secondary school programs
(323) Identical provisions.
House and Senate recede with amendment to read as follows:
(a) Distribution Rules.--Except as provided in section
133 and as otherwise provided in this section, each eligible
agency shall distribute the portion of funds made available
under section 112(a)(1) to carry out this section to local
educational agencies within the State as follows:
(1) Thirty percent.--Thirty percent shall be
allocated to such local educational agencies in
proportion to the number of individuals aged 5 through
17, inclusive, who reside in the school district served
by such local educational agency for the preceding
fiscal year compared to the total number of such
individuals who reside in the school districts served
by all local educational agencies in the State for such
preceding fiscal year, as determined on the basis of
the most recent satisfactory--
(A) data provided to the Secretary by the
Bureau of the Census for the purpose of
determining eligibility under title I of the
Elementary and Secondary Education Act of 1965;
or
(B) student membership data collected by
the National Center for Education Statistics
through the Common Core of Data survey system.
(2) Seventy percent.--Seventy percent shall be
allocated to such local educational agencies in
proportion to the number of individuals aged 5 through
17, inclusive, who reside in the school district served
by such local educational agency and are from families
below the poverty level for the preceding fiscal year,
as determined on the basis of the most recent
satisfactory data used under section 1124(c)(1)(A) of
the Elementary and Secondary Education Act of 1965,
compared to the total number of such individuals who
reside in the school districts served by all the local
educational agencies in the State for such preceding
fiscal year.
(3) Adjustments.--Each eligible agency, in making
the allocations under paragraphs (1) and (2), shall
adjust the data used to make the allocations to--
(A) reflect any change in school district
boundaries that may have occurred since the
data were collected; and
(B) include local educational agencies
without geographical boundaries, such as
charter schools and secondary schools funded by
the Bureau of Indian Affairs.
(324) Identical provisions.
Legislative Counsel: similar or identical provision
(325) Identical provisions. The Senate bill changes the
term ``vocational'' to ``career.''
Legislative Counsel: similar or identical provision
House recedes on ``career.''
(326) Identical provisions.
Legislative Counsel: similar or identical provision
(327) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(328) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(329) The Senate bill changes the term ``vocational'' to
``career.'' Senate bill doesn't include ``d.''
House recedes on ``career.'' Senate recedes on (d)
(330) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 132. Distribution of funds for postsecondary education career and
technical education programs
(331) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(332) The Senate bill adds language related to technical
skill proficiency, an industry-recognized credential, a
certificate, or an associate's degree.
Senate recedes
(333) Identical provisions.
Legislative Counsel: similar or identical provision
(334) Identical provisions.
Legislative Counsel: similar or identical provision
(335) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 133. Special rules for career and technical education
(336) The Senate bill changes the term ``vocational'' to
``career'' in the heading.
House recedes
(337) The House bill, but not the Senate bill strikes
this provision from current law.
House recedes
(338) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(339) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
Sec. 134. Local plan for career and technical education programs
(340) The Senate bill changes the term ``vocational'' to
``career'' in the heading. The Senate bill, but not the House,
includes workforce investment entities.
House recedes with amendment to read as follows:
(a) Local Plan Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in
consultation with such other educational and training entities
as the eligible agency determines to be appropriate) submit a
local plan to the eligible agency. Such local plan shall cover
the same period of time as the period of time applicable to the
State plan submitted under section 122.
(341) Identical provisions.
Legislative Counsel: similar or identical provision
(342) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(343) Similar provisions. The House bill refers to
``model sequences of courses.'' The Senate bill refers to
``career pathways.''
Senate recedes with amendment to read as follows:
career and technical programs of study
(344) The House bill includes the term ``rigorous.''
Senate recedes with amendment to read as follows:
(B) improve the academic and technical skills
of students participating in career and
technical education programs by strengthening
the academic and career and technical education
components of such programs through the
integration of coherent and rigorous content
aligned with challenging academic standards and
relevant career and technical education
programs to ensure learning in--
(i) the core academic subjects (as
defined in section 9101 of the
Elementary and Secondary Education Act
of 1965); and
(ii) career and technical
education subjects;
(C) provide students with strong experience
in, and understanding of, all aspects of an
industry;
(D) ensure that students who participate in
such career and technical education programs
are taught to the same coherent and rigorous
content aligned with challenging academic
standards as are taught to all other students;
(345) The House bill defines core academic subjects as
under ESEA.
Senate recedes with amendment to read as follows:
(E) encourage career and technical
education students at the secondary level to
enroll in rigorous and challenging courses in
core academic subjects (as defined in section
9101 of the Elementary and Secondary Education
Act of 1965);
(346) The Senate bill refers to Section 122. The House
bill requires a description of professional development
activities that promote the integration of rigorous and
challenging academic and technical education (including
curriculum development).
Senate recedes with amendment to read as follows:
(4) describe how comprehensive professional
development (including initial teacher preparation) for
career and technical, academic, guidance, and
administrative personnel will be provided that promotes
the integration of coherent and rigorous content
aligned with challenging academic standards and
relevant career and technical education (including
curriculum development);
(347) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(348) The Senate bill includes faculty, principals,
administrators, counselors, representatives of tech prep
consortia, representatives of the local workforce investment
board, representatives or the local development entity, and
representatives of small business.
House recedes with amendment to read as follows:
(5) describe how parents, students, academic and
career and technical education teachers, faculty,
administrators, career guidance and academic
counselors, representatives of tech prep consortia (if
applicable), representatives of the entities
participating in activities described in section 117 of
Public Law 105-220 (if applicable), representatives of
business (including small business) and industry, labor
organizations, representatives of special populations,
and other interested individuals are involved in the
development, implementation, and evaluation of career
and technical education programs assisted under this
title, and how such individuals and entities are
effectively informed about, and assisted in
understanding, the requirements of this title,
including career and technical programs of study;
(349) The Senate bill specifically requires that all
individuals and entities are informed about career pathways.
Senate recedes with amendment to read as follows:
including career and technical programs of study;
(350) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(351) Similar provisions. The House bill requires the
performance of the eligible recipient to be independently
evaluated.
House recedes
(352) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(353) The Senate bill combines subparagraphs (B) and (C)
of the House bill.
Senate recedes with amendment to read as follows for notes 353-355:
(8) describe how the eligible recipient will--
(A) review career and technical education
programs, and identify and adopt strategies to
overcome barriers that result in lowering rates
of access to or lowering success in the
programs, for special populations;
(B) provide programs that are designed to
enable the special populations to meet the
local adjusted levels of performance; and
(C) provide activities to prepare special
populations, including single parents and
displaced homemakers, for high skill, high
wage, or high demand occupations that will lead
to self-sufficiency;
(354) The House bill refers to State adjusted levels of
performance. The Senate bill refers to local adjusted levels of
performance.
Senate recedes with amendment to read as follows note 353.
(355) The House bill specifically includes single parents
and displaced homemakers.
Senate recedes with amendment to read as follows note 353.
(356) Identical provisions.
Legislative Counsel: similar or identical provision
(357) Similar provisions.
House recedes
(358) The House bill repeats language similar to
paragraph (4) above.
House recedes
(359) No similar provision is included in H.R. 366.
House recedes with amendment to read as follows:
(11) describe how career guidance and academic
counseling will be provided to career and technical
education students, including linkages to future
education and training opportunities; and
(360) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows:
(12) describe efforts to improve the recruitment
and retention of career and technical education
teachers, faculty, career guidance and academic
counselors, including individuals in groups
underrepresented in the teaching profession, and the
transition to teaching from business and industry.
Sec. 135. Local uses of funds
(361) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(362a) The Senate bill specifies a coherent sequence of
courses, such as career pathways, while the House bill gives
specific mention to model sequences of courses.
Senate recedes with amendment to read as follows:
a coherent sequence of courses, such as career and technical
programs of study described in
(362b) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(363) Similar provisions. The Senate bill includes
articulation agreements.
House recedes with amendment to read as follows for notes 363-365:
(2) link career and technical education at the
secondary level and career and technical education at
the postsecondary level, including by offering the
relevant elements of not less than one career and
technical program of study described in section
122(c)(1)(A).
(364) The Senate bill requires that the elements of not
less than one career pathway be offered.
House recedes with amendment to read as follows note 363.
(365) The House bill requires model sequences of courses
to be offered.
House recedes with amendment to read as follows note 363.
(366) The House bill includes requirements for tech prep
activities under the required uses of funds. (The Senate
includes provisions for tech prep in Part D of the Act. See
note 412.)
House recedes
(367) Identical provisions.
House and Senate recede with amendment to read as follows:
(3) provide students with strong experience in and
understanding of all aspects of an industry, which may
include work-based learning experiences;
(368a) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(368b) The House bill includes math and science
education.
Senate recedes with amendment to read as follows:
(4) develop, improve, or expand the use of
technology in career and technical education, which may
include--
(369) The Senate bill deletes the reference to state-of-
the-art technology.
House recedes
(370) The House bill includes providing students with the
academic and vocational and technical skills leading to entry
into high technology fields.
Senate recedes with amendment to read as follows:
(B) providing career and technical
education students with the academic and career
and technical skills (including the math and
science knowledge that provides a strong basis
for such skills) that lead to entry into the
technology fields; or
(C) encouraging schools to collaborate with
technology industries to offer voluntary
internships and mentoring programs, including
programs that improve the mathematics and
science knowledge of students;
(371) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(372) The Senate bill specifically includes faculty and
administrators.
House and Senate recede with amendment to read as follows note 377.
(373) The Senate bill provides professional development
for individuals involved in integrated career and technical
education programs.
House and Senate recede with amendment to read as follows note 377.
(374) The Senate bill deletes the reference to state-of-
the-art programs and techniques.
House recedes
(375) The House bill includes the term rigorous and
requires effective teaching skills to be based on
scientifically based research.
House and Senate recede with amendment to read as follows note 377.
(376) The House bill includes training to ensure teachers
and personnel stay current with all aspects of industry while
the Senate bill requires support of programs that provide
information on all aspects of industry.
Senate recedes
(377) The House bill includes the use and application of
technology. The Senate bill includes the use of instructional
technology.
House and Senate recede with amendment to read as follows for notes
372-377:
(5) provide professional development programs that
are consistent with section 122 to secondary and
postsecondary teachers, faculty, administrators, and
career guidance and academic counselors who are
involved in integrated career and technical education
programs, including--
(A) in-service and preservice training on--
(i) effective integration and use
of challenging academic and career and
technical education provided jointly
with academic teachers to the extent
practicable;
(ii) effective teaching skills
based on research that includes
promising practices;
(iii) effective practices to
improve parental and community
involvement; and
(iv) effective use of
scientifically based research and data
to improve instruction;
(B) support of education programs for
teachers of career and technical education in
public schools and other public school
personnel who are involved in the direct
delivery of educational services to career and
technical education students, to ensure that
such teachers and personnel stay current with
all aspects of an industry;
(C) internship programs that provide
relevant business experience; and
(D) programs designed to train teachers
specifically in the effective use and
application of technology to improve
instruction;
(378) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(379) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
The Senate bill includes the phrase ``including relevant
technology.''
House recedes
(380) Identical provisions.
Legislative Counsel: similar or identical provision
(381) Similar provisions. The Senate bill includes high
demand occupations.
Senate recedes with amendment to read as follows:
(9) provide activities to prepare special
populations, including single parents and displaced
homemakers who are enrolled in career and technical
education programs, for high skill, high wage, or high
demand occupations that will lead to self-sufficiency.
(382) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(383) The Senate bill permits funds to be used for
counseling that is based on current labor market indicators.
House recedes with amendment to read as follows:
(2) to provide career guidance and academic
counseling, which may include information described in
section 118, for students participating in career and
technical education programs that--
(A) improves graduation rates and provides
information on postsecondary and career
options, including baccalaureate degree
programs, for secondary students, which
activities may include the use of graduation
and career plans; and
(B) provides assistance for postsecondary
students, including for adult students who are
changing careers or updating skills;
Report Language: A graduation and career plan is a
written plan for a secondary career and technical education
student that: is developed with career guidance and academic
counseling or other professional staff, in consultation with
parents, not later than in the first year of secondary school
or upon enrollment in career and technical education; is
reviewed annually and modified as needed; includes relevant
information on secondary school requirements for graduating
with a diploma, postsecondary education admission requirements
and high skill, high wage, or high demand occupations and non-
traditional fields in current and emerging professions and
labor market indicators; states the student's secondary school
graduation goals, postsecondary education and training or
employment goals; and identifies one or more career pathways
that correspond to the goals.
(384) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(385) The Senate bill permits funds to be used for
counseling that improves graduation rates.
House recedes (see note 383)
(386) The Senate bill expands the use of funds to
establish partnerships with eligible recipients and businesses,
local workforce investment boards, or economic development
entities. The Senate bill also provides for adjunct faculty
arrangements and industry experience for teachers and faculty.
House and Senate recede with amendment to read as follows:
(3) for local education and business (including
small business) partnerships, including for--
(A) work-related experiences for students,
such as internships, cooperative education,
school-based enterprises, entrepreneurship, and
job shadowing that are related to career and
technical education programs;
(B) adjunct faculty arrangements for
qualified industry professionals; and
(C) industry experience for teachers and
faculty;
(387) Identical provisions.
Legislative Counsel: similar or identical provision
(388) The House bill provides for qualified industry
professionals to serve as postsecondary faculty.
House recedes (per note 386)
(389) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(390) Identical provisions.
Legislative Counsel: similar or identical provision
(391) The Senate bill, but not the House, provides for
funds to support library resources.
Senate recedes with amendment to read as follows:
(7) for leasing, purchasing, upgrading or adapting
equipment, including instructional aids and
publications (including support for library resources)
designed to strengthen and support academic and
technical skill achievement;
(392) The House bill refers to instructional aids. The
Senate bill refers to instructional equipment.
Senate recedes with amendment to read as follows note 391.
(393) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(394) The Senate bill, but not the House, includes times
and formats that are convenient and accessible for working
students.
House recedes with amendment to read as follows:
(9) to develop and expand postsecondary program
offerings at times and in formats that are accessible
for students (including working students) including
through the use of distance education;
(395) The Senate bill refers to ``working students.''
House recedes with amendment to read as follows note 394.
(396) No similar provision is included in H.R. 366.
House recedes
(397) S. 250 includes entrepreneurship in (11).
Senate recedes
(398) The House bill, but not the Senate, includes the
development of model sequences of courses for consideration by
the eligible agency and courses that prepare individuals
academically and technically for 250.
Senate recedes with amendment to read as follows:
(12) for improving or developing new career and
technical education courses including development of
new proposed career and technical programs of study for
consideration by the eligible agency and courses that
prepare individuals academically and technically for
high skill, high wage, or high demand occupations and
dual or concurrent enrollment opportunities by which
career and technical education students at the
secondary level could obtain postsecondary credit to
count towards an associate or baccalaureate degree;
(399) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(400) The Senate bill refers to career pathways. The
House bill refers to model sequences of courses.
Senate recedes with amendment to read as follows:
career and technical programs of study
(401) No similar provision is included in H.R. 366.
House recedes
(402) Identical provisions.
Legislative Counsel: similar or identical provision
(403) The Senate bill changes the term ``vocational'' to
``career'' and includes upgrading technical skills.
House recedes
(404) The Senate bill, but not the House, includes
continuing education or training through collaboration with the
State workforce investment system.
House recedes with amendment to read as follows:
(16) to provide assistance to individuals who have
participated in services and activities under this Act
in continuing their education or training or finding an
appropriate job, such as through referral to the system
established under section 121 of Public Law 105-220 (29
U.S.C. 2801 et seq.);
(405) The Senate bill refers to ``individuals.'' The
House bill refers to ``students.''
Senate recedes
(406) The Senate bill, but not the House, includes
mentoring and outreach.
Senate recedes with amendment to read as follows:
(17) to support training and activities (such as
mentoring and outreach) in non-traditional fields;
(407) No similar provision is included in S. 250.
House recedes
Report Language: The Conferees recognize that special
populations, including single parents and displaced homemakers,
may need direct assistance to be able to participate
successfully in career and technical education. These
supportive services include such services as transportation,
child care, dependent care, tuition, books, and supplies and
other services necessary to enable an individual to participate
in career and technical education activities. Consistent with
administrative guidance and prior interpretations of the
Perkins Act, the Conferees believe that eligible agencies and
eligible recipients should retain the flexibility to provide
direct assistance to special populations under certain, limited
conditions.
In providing direct assistance, recipients of the
assistance must be individuals who are members of special
populations who are participating in career and technical
education activities that are consistent with the goals and
purposes of the Perkins Act. Funds must be used to supplement,
not supplant, assistance that is otherwise available from non-
Federal sources, and assistance may only be provided to an
individual to the extent that it is needed to address barriers
to the individual's successful participation in career and
technical education.
(408) No similar provision is included in S. 250.
House recedes
(409) No similar provision is included in S. 250.
Senate recedes with amendment to read as follows:
(18) to provide support for training programs in
automotive technologies;
Report Language: In an acknowledgement of the expanding
role of technology in numerous career and technical
occupations, the conference report allows, as a permissive use
of local funds, support for training programs in automotive
technologies such as diesel retrofitting, hybrid, hydrogen, and
alternative fuel.
(410) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
House and Senate recede with amendment to read as follows: (tied to
notes 80 and 313)
(19) to pool a portion of such funds with a portion
of funds available to not less than 1 other eligible
recipient for innovative initiatives, which may
include--
(A) improving the initial preparation and
professional development of career and
technical education teachers, faculty,
administrators, and counselors;
(B) establishing, enhancing, or supporting
systems for--
(i) accountability data collection
under this Act; or
(ii) reporting data under this Act;
(C) implementing career and technical
programs of study described in section
122(c)(1)(A); or
(D) implementing technical assessments; and
(20) to support other career and technical
education activities that are consistent with the
purpose of this Act.
(411) Identical provisions.
Legislative Counsel: similar or identical provision
TITLE II--TECH PREP EDUCATION
(412) The House bill, but not the Senate bill, repeals
the tech prep program.
House and Senate recede with amendment to read as follows:
SEC. 201. STATE ALLOTMENT AND APPLICATION.
(a) In General.--For any fiscal year, the Secretary shall
allot the amount made available under section 206 among the
States in the same manner as funds are allotted to States under
paragraph (2) of section 111(a).
(b) Payments to Eligible Agencies.--The Secretary shall
make a payment in the amount of a State's allotment under
subsection (a) to the eligible agency that serves the State and
has an application approved under subsection (c).
(c) State Application.--Each eligible agency desiring an
allotment under this title shall submit, as part of its State
plan under section 122, an application that--
(1) describes how activities under this title will
be coordinated, to the extent practicable, with
activities described in the State plan submitted under
section 122; and
(2) contains such information as the Secretary may
require.
SEC. 202. CONSOLIDATION OF FUNDS.
(a) In General.--An eligible agency receiving an
allotment under sections 111 and 201 may choose to consolidate
all, or a portion of, funds received under section 201 with
funds received under section 111 in order to carry out the
activities described in the State plan submitted under section
122.
(b) Notification Requirement.--Each eligible agency that
chooses to consolidate funds under this section shall notify
the Secretary in the State plan submitted under section 122, of
the eligible agency's decision to consolidate funds under this
section.
(c) Treatment of Consolidated Funds.--Funds consolidated
under this section shall be considered as funds allotted under
section 111 and shall be distributed in accordance with section
112.
SEC. 203. TECH PREP PROGRAM.
(a) Grant Program Authorized.--
(1) In general.--From amounts made available to
each eligible agency under section 201, the eligible
agency, in accordance with the provisions of this
title, shall award grants, on a competitive basis or on
the basis of a formula determined by the eligible
agency, for tech prep programs described in subsection
(c). The grants shall be awarded to consortia between
or among--
(A) a local educational agency, an
intermediate educational agency, educational
service agency, or area career and technical
education school, serving secondary school
students, or a secondary school funded by the
Bureau of Indian Affairs; and
(B)(i) a nonprofit institution of higher
education that--
(I)(aa) offers a 2-year associate
degree program, or a 2-year certificate
program; and
(bb) is qualified as an institution
of higher education pursuant to section
102 of the Higher Education Act of
1965, including--
(AA) an institution
receiving assistance under the
Tribally Controlled College or
University Assistance Act of
1978 (25 U.S.C. 1801 et seq.);
and
(BB) a tribally controlled
postsecondary career and
technical institution; or
(II) offers a 2-year apprenticeship
program that follows secondary
education instruction, if such
nonprofit institution of higher
education is not prohibited from
receiving assistance under part B of
title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq.) pursuant
to the provisions of section 435(a)(2)
of such Act (20 U.S.C. 1083(a)); or
(ii) a proprietary institution of higher
education that offers a 2-year associate degree
program and is qualified as an institution of
higher education pursuant to section 102 of the
Higher Education Act of 1965, if such
proprietary institution of higher education is
not subject to a default management plan
required by the Secretary.
(2) Special rule.--In addition, a consortium
described in paragraph (1) may include 1 or more--
(A) institutions of higher education that
award a baccalaureate degree; and
(B) employers (including small businesses),
business intermediaries or labor organizations;
(b) Duration.--Each consortium receiving a grant under
this title shall use amounts provided under the grant to
develop and operate a 4- or 6-year tech prep education program
described in subsection (c).
(c) Contents of Tech Prep Program.--Each tech prep
program shall--
(1) be carried out under an articulation agreement
between the participants in the consortium;
(2) consist of a program of study that--
(A) combines--
(i) at a minimum 2 years of
secondary education (as determined
under State law); with--
(ii)(I) a minimum of 2 years of
postsecondary education in a
nonduplicative, sequential course of
study; or
(II) an apprenticeship program of
not less than 2 years following
secondary education instruction; and
(B) integrates academic and career and
technical education instruction, and utilizes
work-based and worksite learning experiences
where appropriate and available;
(C) provides technical preparation in a
career field, including high skill, high wage,
or high demand occupations;
(D) builds student competence in technical
skills and in core academic subjects (as
defined in section 9101 of the Elementary and
Secondary Education Act of 1965), as
appropriate, through applied, contextual, and
integrated instruction, in a coherent sequence
of courses;
(E) leads to technical skill proficiency,
an industry-recognized credential, a
certificate, or a degree, in a specific career
field;
(F) leads to placement in high skill or
high wage employment, or to further education;
and
(G) utilizes career and technical education
programs of study, to the extent practicable;
(3) include the development of tech prep programs
for both secondary and postsecondary, including
consortium, participants in the consortium that--
(A) meet academic standards developed by
the State;
(B) link secondary schools and 2-year
postsecondary institutions, and if possible and
practicable, 4-year institutions of higher
education through--
(i) nonduplicative sequences of
courses in career fields;
(ii) the use of articulation
agreements; and
(iii) the investigation of
opportunities for tech prep secondary
education students to enroll
concurrently in secondary and
postsecondary coursework;
(C) use, if appropriate and available,
work-based or worksite learning experiences in
conjunction with business and all aspects of an
industry; and
(D) use educational technology and distance
learning, as appropriate, to involve all the
consortium partners more fully in the
development and operation of programs;
(4) include in-service professional development for
teachers, faculty and administrators that--
(A) supports effective implementation of
tech prep programs;
(B) supports joint training in the tech
prep consortium;
(C) supports the needs, expectations, and
methods of business and all aspects of an
industry;
(D) supports the use of contextual and
applied curricula, instruction, and assessment;
(E) supports the use and application of
technology; and
(F) assists in accessing and utilizing
data, information available pursuant to section
118, and information on student achievement,
including assessments;
(5) include professional development programs for
counselors designed to enable counselors to more
effectively--
(A) provide information to students
regarding tech prep education programs;
(B) support student progress in completing
tech prep programs, which may include the use
of graduation and career plans;
(C) provide information on related
employment opportunities;
(D) ensure that students are placed in
appropriate employment or further postsecondary
education;
(E) stay current with the needs,
expectations, and methods of business and all
aspects of an industry; and
(F) provide comprehensive career guidance
and academic counseling to participating
students, including special populations;
(6) provide equal access, to the full range of
technical preparation programs (including
preapprenticeship programs), to individuals who are
members of special populations, including the
development of tech prep program services appropriate
to the needs of special populations;
(7) provide for preparatory services that assist
participants in tech prep programs; and
(8) coordinate with activities conducted under
title I.
(d) Additional Authorized Activities.--Each tech prep
program may--
(1) provide for the acquisition of tech prep
program equipment;
(2) acquire technical assistance from State or
local entities that have designed, established, and
operated tech prep programs that have effectively used
educational technology and distance learning in the
delivery of curricula and services;
(3) establish articulation agreements with
institutions of higher education, labor organizations,
or businesses located inside or outside the State and
served by the consortium, especially with regard to
using distance learning and educational technology to
provide for the delivery of services and programs;
(4) improve career guidance and academic counseling
for participating students through the development and
implementation of graduation and career plans; and
(5) develop curriculum that supports effective
transitions between secondary and postsecondary career
and technical education programs.
(e) Performance Indicators and Accountability.--
(1) In general.--Each consortium shall establish
and report to the eligible agency indicators of
performance for each tech prep program for which the
consortium receives a grant under this title. The
indicators of performance shall include the following:
(A) The number of secondary education and
postsecondary education tech prep students
served.
(B) The number and percent of secondary
education tech prep students enrolled in the
tech prep program who--
(i) enroll in postsecondary
education;
(ii) enroll in postsecondary
education in the same field or major as
the secondary education tech prep
students were enrolled at the secondary
level;
(iii) complete a State or industry-
recognized certification or licensure;
(iv) successfully complete, as a
secondary school student, courses that
award postsecondary credit at the
secondary level; and
(v) enroll in remedial mathematics,
writing, or reading courses upon
entering postsecondary education.
(C) The number and percent of postsecondary
education tech prep students who--
(i) are placed in a related field
of employment not later than 12 months
after graduation from the tech prep
program;
(ii) complete a State or industry-
recognized certification or licensure;
(iii) complete a two-year degree or
certificate program within the normal
time for completion of such program;
(iv) complete a baccalaureate
degree program within the normal time
for completion of such program.
(2) Number and percent.--For purposes of
subparagraphs (B) and (C) of paragraph (1), the numbers
and percentages shall be determined separately with
respect to each clause of each subparagraph.
SEC. 204. CONSORTIUM APPLICATIONS.
(a) In General.--Each consortium that desires to receive
a grant under this title shall submit an application to the
eligible agency at such time and in such manner as the eligible
agency shall prescribe.
(b) Plan.--Each application submitted under this section
shall contain a 6-year plan for the development and
implementation of tech prep programs under this title, which
plan shall be reviewed after the second year of the plan.
(c) Approval.--The eligible agency shall approve
applications under this title based on the potential of the
activities described in the application to create an effective
tech prep program.
(d) Special Consideration.--The eligible agency, as
appropriate, shall give special consideration to applications
that--
(1) provide for effective employment placement
activities or the transfer of students to baccalaureate
or advanced degree programs;
(2) are developed in consultation with business,
industry, institutions of higher education, and labor
organizations;
(3) address effectively the issues of school
dropout prevention and reentry, and the needs of
special populations;
(4) provide education and training in an area or
skill, including an emerging technology, in which there
is a significant workforce shortage based on the data
provided by the eligible entity in the State under
section 118;
(5) demonstrate how tech prep programs will help
students meet high academic and employability
competencies; and
(6) demonstrate success in, or provide assurances
of, coordination and integration with eligible
recipients described in part C of title I.
(e) Performance Measures.--
(1) In general.--Each consortium receiving a grant
under this title shall enter into an agreement with the
eligible agency to meet a minimum level of performance
for each of the performance indicators described in
sections 113(b) and 203(e).
(2) Resubmission of application; termination of
funds.--An eligible agency--
(A) shall require consortia that do not
meet the performance levels described in
paragraph (1) for 3 consecutive years to
resubmit an application to the eligible agency
for a tech prep grant; and
(B) may choose to terminate the funding for
the tech prep program for a consortium that
does not meet the performance levels described
in paragraph (1) for 3 consecutive years,
including when the grants are made on the basis
of a formula determined by the eligible agency.
(f) Equitable Distribution of Assistance.--In awarding
grants under this title, the eligible agency shall ensure an
equitable distribution of assistance between or among urban and
rural participants in the consortium.
SEC. 205. REPORT.
Each eligible agency that receives an allotment under
this title annually shall prepare and submit to the Secretary a
report on the effectiveness of the tech prep programs assisted
under this title, including a description of how grants were
awarded within the State.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2007 and
each of the succeeding 5 fiscal years.
TITLE III--GENERAL PROVISIONS
PART A--FEDERAL ADMINISTRATIVE PROVISIONS
Sec. 311. Fiscal requirements
(413) Identical provisions.
Legislative Counsel: similar or identical provision
(414) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(415) The Senate bill, but not the House, shifts the
maintenance of effort to a three year rolling average.
Senate recedes
Report Language: The conferees intend that the provisions
described in section 211(b) be implemented in a manner that
does not impose undue hardship on states as a function of how
they administer and fund career and technical education
programs.
(416) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
(417) The House bill, but not the Senate, defines
``preceding fiscal year.''
House recedes
Sec. 312. Authority to make payments
(418) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 313. Construction
(419) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 314. Voluntary selection and participation
(420) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
Sec. 315. Limitation for certain students
(421) The Senate bill changes the term ``vocational'' to
``career.''
House recedes
Sec. 316. Federal laws guaranteeing civil rights
(422) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 317. Participation of private school personnel and children
(423) The House bill, but not the Senate bill, includes
provisions for the participation of private school children.
The Senate bill retains and modifies the current law section on
the participation of private school personnel. The House bill
also incorporates participation of private school personnel
into the new participation of private school children language.
House and Senate recede with amendment to read as follows:
SEC. 217. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND CHILDREN.
(a) Personnel.--An eligible agency or eligible recipient
that uses funds under this Act for in-service and preservice
career and technical education professional development
programs for career and technical education teachers,
administrators, and other personnel shall, to the extent
practicable, upon written request, permit the participation in
such programs of career and technical education secondary
teachers, administrators, and other personnel in nonprofit
private schools offering career and technical secondary
education programs located in the geographical area served by
such agency or recipient.
(b) Student Participation.--
(1) Student participation.--Except as prohibited by
State or local law, an eligible recipient may, upon
written request, use funds made available under this
Act to provide for the meaningful participation, in
career and technical education programs and activities
receiving funding under this Act, of secondary school
students attending nonprofit private schools who reside
in the geographical area served by the eligible
recipient.
(2) Consultation.--An eligible recipient shall
consult, upon written request, in a timely and
meaningful manner with representatives of nonprofit
private schools in the geographic area served by such
recipient under paragraph (1) regarding the meaningful
participation, in career and technical education
programs and activities receiving funding under this
Act, of secondary school students attending nonprofit
private schools.
Report Language: The Conferees do not intend for the
language in Sec. 217 (a) to preclude an eligible agency or
eligible recipient from offering professional development
programs to nonprofit private school personnel on their own
initiative, without a written request from the nonprofit
private school personnel.
PART B--STATE ADMINISTRATIVE PROVISIONS
Sec. 321. Joint funding
(424) Identical provisions.
Legislative Counsel: similar or identical provision
(425) Identical provisions.
Legislative Counsel: similar or identical provision
(426) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 322. Prohibition on use of funds to induce out-of-State relocation
of businesses
(427) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 323. State administrative costs
(428) Identical provisions.
Legislative Counsel: similar or identical provision
(429) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 324. Limitation on federal regulations
(430) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 325. Student assistance and other federal programs
(431) Identical provisions.
Legislative Counsel: similar or identical provision
(432) The Senate bill changes ``vocational'' to
``career.''
House recedes
Howard P. ``Buck'' McKeon,
Mike Castle,
Mark Souder,
Tom Osborne,
Marilyn Musgrave,
George Miller,
Lynn Woolsey,
Ron Kind,
Managers on the Part of the House.
Michael B. Enzi,
Judd Gregg,
William H. Frist,
Lamar Alexander,
Richard M. Burr,
Johnny Isakson,
Mike DeWine,
John Ensign,
Orrin Hatch,
Jeff Sessions,
Pat Roberts,
Ted Kennedy,
Tom Harkin,
Barbara A. Mikulski,
Patty Murray,
Jack Reed,
Hillary Rodham Clinton,
Managers on the Part of the Senate.
