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109th Congress Report
SENATE
1st Session 109-65
======================================================================
CARL D. PERKINS CAREER AND TECHNICAL EDUCATION IMPROVEMENT ACT OF 2005
_______
May 10, 2005.--Ordered to be printed
_______
Mr. Enzi, from the Committee on Health, Education, Labor, and Pensions,
submitted the following
R E P O R T
[To accompany S. 250]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 250) to amend the Carl D.
Perkins Vocational and Technical Education Act of 1998 to
improve the Act, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill (as amended) do pass.
CONTENTS
Page
I. Introduction.....................................................1
II. Purpose and summary..............................................1
III. Background and need for legislation..............................3
IV. Legislative history and committee action.........................5
V. Explanation of bill and committee views..........................5
VI. Cost estimate...................................................21
VII. Regulatory impact statement.....................................23
VIII.Application of law to the legislative branch....................24
IX. Section-by-section analysis.....................................24
X. Changes in existing law.........................................34
I. Introduction
S. 250 is the product of an extensive bipartisan effort, as
well as significant input from the career and technical
education community and the Department of Education.
II. Purpose and Summary
The purpose of S. 250, the Carl D. Perkins Career and
Technical Education Improvement Act of 2005, is to reauthorize
and improve the federally supported career and technical
education programs last reauthorized by the Carl D. Perkins
Vocational and Technical Education Amendments Act of 1998.
The goals of the legislation include: building on the
efforts of States and localities to develop challenging
academic and technical standards; assisting students in meeting
challenging academic and technical standards, especially in
preparation for high-skill, high-wage, or high-demand
occupations in emerging or established professions; promoting
the development of services and activities that integrate
challenging academic and career and technical instruction, and
that link secondary and postsecondary education for
participating career and technical education students;
increasing State and local flexibility in providing services
and activities designed to develop, implement, and improve
career and technical education; conducting and disseminating
information on best practices; promoting leadership,
comprehensive initial training and professional development for
career and technical education teachers, faculty, principals,
administrators and counselors; providing technical assistance
that will improve career and technical education programs,
services, and activities; supporting partnerships among
secondary schools, postsecondary institutions, area career
technical centers, business and industry, professional
associations, and intermediaries; and developing a highly
skilled workforce needed to keep America competitive in the
global economy in conjunction with other Federal education and
training programs, including workforce investment programs,
that provide lifelong learning for the workforce of today and
tomorrow.
The legislation was drafted with the intent of ensuring
that career and technical education programs could be
effectively linked with other Federal education and training
programs, such as the Workforce Investment Act, the Higher
Education Act, the Elementary and Secondary Education Act of
1965, and the Adult Literacy and Basic Education Act, in order
to prepare students for selfsufficiency.
STATE FLEXIBILITY IN FUNDING
This legislation amends the current system that requires
States to spend 5 percent of funds on State administration and
10 percent on State leadership activities. Instead, States are
permitted to use discretion within the 15 percent of grants
retained at the State level to accomplish the set of required
and optional State leadership activities, and to appropriately
administer the program.
STATE PLANS
States are required to submit the State plan once during
the 6-year reauthorization period. Every 2 years, the State
must update its accountability components to ensure continued
improvement in career and technical education programs.
LOCAL PLANS
Local recipients are required to submit a plan to the State
once during the 6-year reauthorization period. They are also
required to update their performance targets every 2 years
during the reauthorization period.
TECH-PREP EDUCATION PROGRAMS
The legislation provides for greater collaboration between
State and local Tech-Prep programs and those career and
technical education programs carried out with funds from basic
State grants made to eligible agencies. The legislation amends
current law so that Tech-Prep programs are included as part of
title I, although they continue to have a dedicated
authorization.
FORMULA FOR BASIC STATE GRANTS
The formula for allocating basic State grants funds was
changed to permit certain States that had not received an
increase in Perkins funding since fiscal year 1998 to begin to
receive increases as Federal appropriations for career and
technical education increase. The formula is applied only to
new funds appropriated for the Perkins program, beginning with
fiscal year 2006.
PERFORMANCE MEASURES
The legislation amends the current performance measures and
separates them into core indicators for secondary and
postsecondary institutions. The indicators are aligned with
other federally required performance indicators included in
other acts, such as the Workforce Investment Act, the
Elementary and Secondary Education Act of 1965, and the Adult
and Basic Education Act, to the extent practicable.
RESEARCH AND DISSEMINATION
The legislation consolidates the activities conducted by
the national research and dissemination centers into one
national center that would conduct both sets of activities.
MAINTENANCE OF EFFORT
The legislation allows States to compare 3-year averages of
career and technical education expenditures against a previous
3-year period in order to determine whether or not the State is
meeting its maintenance of effort requirement under the law.
III. Background and Need for Legislation
The enactment of the Smith-Hughes Act (P.L. 64-347) in 1917
marked the beginning of the Federal investment in vocational
education. The law established a Federal Board for Vocational
Education and provided funding to assist States in preparing
and compensating teachers of agricultural, trade, industrial,
and home economics subjects. Over the course of 4 decades,
Federal support for vocational education was expanded several
times, most notably by the George-Barden Act (P.L. 80-402) in
1946, and the National Defense Education Act (P.L. 85-864) in
1958, which included funding to prepare individuals for
vocational and technical occupations related to national
defense.
Congress further increased support for vocational education
in the Vocational Education Act, signed into law in 1963. The
Act authorized funding for vocational work-study programs and
research, training and demonstration programs. A National
Advisory Council on Vocational Education was established by the
Vocational Education Amendments of 1968 (P.L. 90-576), which
also provided funding for collecting and disseminating
information about programs administered by the Commissioner of
Education.
The Vocational Education Act was renamed the Carl D.
Perkins Vocational Education Act (P.L. 98-524) in 1984. The law
maintained Federal support for vocational education, and
emphasized the acquisition of job skills in vocational and
technical education. The act also included provisions and set-
asides designed to make vocational education programs
accessible to special populations, such as individuals with
disabilities, disadvantaged individuals, single parents and
homemakers, and incarcerated individuals.
The 1984 Act was reauthorized by the Carl D. Perkins
Vocational and Applied Technology Education Act Amendments of
1990 (P.L. 101-392). The law established the Tech-Prep program
to encourage greater coordination of secondary and
postsecondary vocational education programs and activities
through a coherent sequence of courses. While the law removed
most set-asides for special populations, it also created gender
equity programs to prepare students for training and employment
nontraditional to each gender. The law also reserved a higher
maximum percentage of funds for State programs, but lessened
States' discretion over the funds. In addition, the law
required States to develop and adopt performance standards and
measures to assess students' learning and program efficacy.
The program's accountability provisions were strengthened
by P.L. 105-332, the Carl D. Perkins Vocational and Applied
Technology Amendments of 1998. The 1998 law established core
indicators of performance for States, with levels of
performance negotiated between each State and the Secretary of
Education, and authorized sanctions against States that did not
meet such levels. The Act also placed greater emphasis on the
importance of academics for vocational education students. The
Act eliminated set-asides for gender-equity programs in favor
of increased flexibility in State and local uses of funds. The
Act also directed a higher proportion of funds to local, rather
than State, programs.
During this reauthorization of the law, the committee
believes it is critical to ensure that career and technical
education programs prepare all students with both the academic
and technical skills they need to be successful in
postsecondary education and the workforce, particularly in
high-wage, high-skill occupations. The committee believes that
integrating academic and technical skills in instruction is a
primary way to accomplish this. The committee also believes
that the connection between secondary and postsecondary
programs must be strengthened to ensure that students have a
seamless pathway from one level of education and training to
the next, and that attainment of technical skill proficiency,
industry-recognized credentials, postsecondary certificates or
degrees ought to be part of any such extended program of study.
The committee further believes that the recruitment, initial
preparation, and subsequent professional development of career
and technical education personnel must be improved. The
committee considers it critical that career and technical
education programs be relevant to the current needs of
businesses and communities, and that programs be regularly
updated to reflect major trends therein. The committee wishes
to recognize modernization already occurring within the field
by renaming vocational and technical education as career and
technical education.
IV. Legislative History and Committee Action
Senator Enzi introduced S. 250 on February 1, 2005, with
Senator Kennedy. Additional cosponsors were added after
introduction: Senators Alexander, Bingaman, Burns, Cantwell,
Clinton, Dodd, Gregg, Harkin, Isakson, Jeffords, Mikulski,
Murray, Reed, Roberts, Sessions, Talent, Thomas, and Vitter.
On March 9, 2005, the Senate Committee on Health,
Education, Labor and Pensions met in Executive Session and
favorably reported the bill unanimously.
V. Explanation of Bill and Committee Views
The Carl D. Perkins Vocational and Technical Education Act
has an extensive history of providing Federal support for
career and technical education programs. This support has been
integral in providing students from all backgrounds the
essential academic and technical skill training to succeed in
the workplace.
The Carl D. Perkins Career and Technical Education
Improvement Act of 2005 builds on the previous improvements to
career and technical education programs by emphasizing the
connection between academic instruction and technical skill
preparation. The bill also encourages stronger collaboration
with Federal programs such as the Workforce Investment Act to
more effectively meet the needs of career and technical
education students. This collaboration between Federal and
State programs will have a great impact on improving each
individual program's effectiveness.
In this reauthorization, the committee believes it is
important to update the terminology associated with career and
technical education in Federal law; therefore, S. 250 would
replace the term ``vocational and technical education'' with
``career and technical education'' where it appears in current
law. Professionals in the field of career and technical
education made this change several years ago; it is appropriate
that Federal law keep pace with developments in the field.
The committee's proposed change to the definition of career
and technical education is intended to clarify that a 2-year
postsecondary program of career and technical education should
not be an ending point in a career and technical student's
education. The current law definition contained limiting
language that created a perception that career and technical
education ends with the completion of a 2-year postsecondary
degree or certificate. The committee sees the importance of all
students having the ability to pursue higher levels of
education and considers the change to the definition important
in sending this message. However, it is not the intent of the
committee to deny or dilute critical funds to 2-year programs
at community or technical colleges.
PURPOSE
Career and technical education is a critical component of a
number of Federal education and training initiatives that are
designed to help support the development of a 21st Century
workforce. Career and technical education is unique in that it
fuses challenging academic curricula with relevant skill
training in order to prepare secondary and postsecondary
students for the workplace. The central goal of Federally
supported career and technical education programs is to provide
students with strong academic and technical preparation, so
that students can successfully enter the workforce or pursue
additional education.
One purpose of the act is to build on the efforts of States
and localities to develop challenging academic and technical
standards. Strong standards are essential if career and
technical education students are to be successful later in
life, no matter which path they choose to pursue: employment,
further training, or additional education.
The second purpose of the act is to establish a set of
services and activities that integrate academic and career and
technical instruction; and that link secondary and
postsecondary education for participating career and technical
education students. The integration of these services will
become even more important as future job creation in the United
States demands higher skills from secondary and postsecondary
school graduates.
The third purpose of the bill is to support flexibility in
implementing career and technical education. Flexibility has
been an important factor in the long-term success of federally
supported career and technical education programs.
The fourth purpose of the legislation is to support the
dissemination of national research, and provide professional
development and technical assistance that will improve career
and technical education programs. The national effort to
improve career and technical education programs will rely on
the availability of rigorous and scientifically-based research.
The Federal Government has an interest in helping to ensure
that this research is available and effectively distributed to
practitioners of career and technical education.
The committee considered it important to elaborate on the
purposes of the Federal legislation authorizing career and
technical education programs. The first additional purpose, and
the fifth overall, is to promote leadership, initial
preparation and professional development of career and
technical education teachers, faculty, principals,
administrators, and counselors, and to develop research and
best practices that will help improve career and technical
education.
The sixth purpose, and the second added by the committee in
this reauthorization, is to support partnerships among
secondary schools, postsecondary institutions, area career
technical centers, business and industry, professional
associations and intermediaries. One of the primary benefits of
career and technical education has been its ability to provide
students with relevant work skills. Strengthening career and
technical education will require that courses be more directly
linked to the needs of employers, guaranteeing that career and
technical education students receive relevant skill training,
in addition to challenging academic content.
The final purpose of this legislation is to help develop
the highly skilled workforce needed to keep America competitive
in the global economy. This is to be done in conjunction with
other Federal education and training programs, including
workforce investment programs that support lifelong learning
for the workforce of today and tomorrow. The committee
recognizes that the Perkins program is an important part of
preparing America's future workforce and will be most effective
when Federal resources are used collaboratively with State
efforts and other Federal programs.
CAREER PATHWAYS
The committee believes that career and technical education
programs must be organized in a way that enables students to
achieve measurable outcomes. The committee believes States and
local recipients should work cooperatively to identify
sequences (which may include work-based learning experiences)
of academic and career and technical education courses that
lead to such outcomes and offer such options. The bill
therefore requires that each secondary or postsecondary
recipient provide the appropriate courses for at least one
career pathway. A career pathway is defined as a coordinated
and non-duplicative sequence of secondary and postsecondary
education courses (which may include work- based learning
experiences) and associated credits that culminates in
technical skill proficiency, an industry-recognized credential,
certificate, or a degree, and includes challenging academic and
career and technical education content. Career pathways may
include the opportunity for secondary students to participate
in dual credit or concurrent enrollment programs or other ways
to acquire postsecondary credits.
The committee considers it important to emphasize and
strengthen career pathways that appear in current law in order
to improve the integration of challenging academic instruction
with career and technical education. The integration of these
skills is critical to students' long-term success in the
workforce, and will help students prepare for additional
postsecondary education and training, which is becoming
increasingly necessary in the American economy. As the 21st
Century workforce demands higher-skilled workers, career and
technical education will provide essential support for
preparing students to meet such demand.
DEFINITION OF CAREER AND TECHNICAL EDUCATION
The committee updates the definition of career and
technical education to match the growing need for high skilled
workers, including professions in which success depends on
education beyond a 2-year postsecondary degree. The committee's
change to the definition of career and technical education is
intended to clarify that a 2-year postsecondary program of
career and technical education should not be an ending point in
a career and technical student's education. The current law
definition contains limiting language that created a perception
that career and technical education ends with the completion of
a 2-year postsecondary degree or certificate.
The committee believes all students have the ability to
pursue higher levels of education and considered the change to
the definition important in sending this message. However, it
is not the intent of the committee to deny or dilute critical
funds to 2-year programs at community or technical colleges.
Changes made to the within-state postsecondary funding formula
are intended to continue the current postsecondary funding
eligibility, which focuses on associate degree programs. While
the funding distribution framework will remain the same, the
bill contains language encouraging States and local grantees to
implement initiatives to help students enrolled in 2-year
postsecondary programs transition to further postsecondary
education. The specific initiatives that are encouraged are
those that address the most common barriers to students seeking
to make this transition, including geographic and other
barriers faced by students in rural areas and special
populations.
WORK-BASED LEARNING
In referring to a sequence of courses throughout the bill,
including in the definitions of career and technical education,
career and technical education student, and career pathway, the
committee intends to include ``work-based learning
experiences,'' such as long-term internships or
apprenticeships.
ACCOUNTABILITY
The 1998 reauthorization of the Carl D. Perkins Vocational
and Technical Education Act created an accountability system in
which States were responsible for the performance of their
career and technical education students. The system was
established so that secondary and postsecondary institutions
were reported on using the same indicators.
S. 250 specifies different indicators appropriate for
secondary and postsecondary institutions, which is consistent
with the committee's belief that separate indicators will
improve reporting and strengthen the current accountability
system. While some of the indicators overlap, it is important
to create a distinction that would allow secondaryschools to
assess technical and academic achievement, while simultaneously
allowing postsecondary institutions to use other indicators, as well as
employment outcomes.
A major focus of the separate indicators is to ensure that
career and technical education students are held to the same
high expectations as all students, consistent with the intent
of the Elementary and Secondary Education Act. The committee
also believes it is important that many of the indicators in
current law be further separated in order to ensure a more
complete evaluation of student outcomes. Secondary performance
indicators include separate measures of student achievement on
technical assessments and attainment of technical skill
proficiencies that are aligned with nationally recognized
industry standards, if available and appropriate; academic
achievement standards; rates of attainment of a secondary
school diploma, a recognized equivalent of a secondary school
diploma, technical skill proficiency, an industry-recognized
credential, a certificate, and a degree; placement in
postsecondary education, military service, apprenticeship
programs or employment; and student participation in, and
completion of, career and technical education programs that
lead to employment in nontraditional fields. Postsecondary
indicators are also separated and include student achievement
on technical assessments and attainment of technical skill
proficiencies that are aligned with nationally recognized
industry standards, if available and appropriate; student
attainment of technical skill proficiencies, an industry-
recognized credential, a certificate, or a degree, or retention
in postsecondary education, including transfer to a
baccalaureate degree program; placement in military service,
apprenticeship programs, or employment; student participation
in, and completion of, career and technical education programs
that lead to employment in nontraditional fields; and increase
in earnings, where available. The committee retains language
enabling both secondary and postsecondary recipients to
establish additional indicators.
The committee also believes that it is important to reduce
the administrative burden on States and program grantees by
requiring that States identify the core and additional
indicators of performance so that substantially similar
information gathered for other State and Federal programs is
also used to satisfy the data reporting requirements. The
committee recognizes that participating institutions are often
required to report similar, but not identical, information for
different Federal and State programs, placing a heavy burden on
them in terms of costs and human resources. With this
provision, S. 250 requires States to identify opportunities for
schools and institutions to use the same data reported for
other Federal and State programs, where it is appropriate, to
satisfy the reporting requirements of this act.
The new secondary indicators require the measurement of
academic achievement by the assessments adopted by the State
under the Elementary and Secondary Education Act of 1965.
Whenever possible, these assessments should be given at a point
in students' academic careers and in a manner that reflects the
relevance and value added of career and technical education
programs. Academic achievement tests given before a student
enters a career and technical education program should not be
used as a measure of academic performance for career and
technical education students and Perkins-funded programs. It is
the committee's intent that States, in using their title I
academic assessments as the measure of academic attainment of
career and technical education students, use the ``proficient
level'' of academic achievement that the State uses for
purposes of Title I of the Elementary and Secondary Education
Act.
S. 250 requires eligible recipients to establish, in
cooperation with the State's eligible agency, locally agreed
upon levels of performance. The committee believes that this
will improve State accountability systems by ensuring that
programs at all levels are working to improve student outcomes.
Under S. 250, for the first time, States have the ability
to withhold some or all funds from local recipients that fail
to meet more than one of their negotiated performance
indicators for more than 2 years, just as the Secretary of
Education may currently sanction States that fail to meet their
performance indicators. The committee believes this offers
States important leverage in driving improvement at the local
level. However, such action may be taken only after a State has
conducted an assessment of each eligible recipient's
educational needs in consultation with appropriate individuals
and organizations, created an improvement plan with and for
each eligible recipient, and provided technical assistance to
each eligible recipient. In addition, an eligible recipient is
permitted, in collaboration with the appropriate eligible
agency, to request additional technical assistance from the
Secretary of Education.
The committee encourages local secondary education
recipients to report the results of professional certification
exams as part of the report cards required by the Elementary
and Secondary Education Act of 1965.
The committee believes that the State adjusted levels of
performance for core indicators of performance shall be
expressed in a percentage or numerical form, so as to be
objective, quantifiable, and measurable, and that the
Secretary's role in the agreements with States is limited to
reaching agreement on the percentage or number of students who
attain the State adjusted levels of performance. If the
Department of Education plans to use an evaluation tool that
requires performance measures to be reported in a particular
form, the Secretary should notify the States so that their
performance reporting adheres to the evaluation format to
reduce the possibility of incomplete or erroneous scoring.
In light of the committee's belief that career and
technical education students should achieve academically to the
same standards as other students, as well as gain relevant
technical skills and realize other successful program outcomes,
the committee fully expects that every State will undertake a
comprehensive review of its accountability system and the
specific measures used for each core indicator to ensure that
these systems use valid and reliable measures that reflect high
standards and real improvements in performance consistent with
requirements of the reauthorized statute. The committee expects
States that determine that their systems and measures do not
meet those criteria to submit revised measures to the
Department of Education.
CAREER GUIDANCE AND ACADEMIC COUNSELING
Career guidance and academic counseling can help inform
students and their parents about available education and
training options, and is critical to the success of programs
supported under this bill. 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.
While the committee recognizes the unique circumstances of
school systems in parts of the country where qualified school
counselors might not be readily available, the committee feels
that, when they are available and the best resource available,
qualified school counselors should be the professionals
developing and administering graduation and career plans for
career and technical education students.
RESERVATIONS AND STATE ALLOTMENT
The 1998 reauthorization significantly altered the way
funds are distributed from the Federal level to the States.
Under current law, the basic State grant formula distributes
funds in varying proportions to each State's share of
individuals in three population groups. The committee retains
this formula for current levels of funding, as well as current
reservations of funds for outlying areas, Native American
career and technical education programs, and incentive grants.
The committee notes that certain requirements and special rules
under current law have created a situation in which a number of
small States' allotments can never exceed their fiscal year
1998 levels regardless of any future increases in
appropriations. In order to address this imbalance so that
those States can receive a share of future funding increases,
the committee establishes a new Federal to State formula to be
applied only to appropriations in excess of the fiscal year
2004 level. By limiting the formula to new money, the
committee's intent is to enable those States to receive extra
funding when such funding becomes available, without decreasing
any other State's current allotment.
The committee is aware that the Department of Education is
not in possession of the full data set necessary for the
calculation of the number of individuals in each State who are
between the ages of 15 and 19. Because the committee is
uncertain of the effect modifying the formula to codify the
current data set would have on State allocations, the committee
has retained current law regarding that portion of the formula.
If, however, such data becomes available, the committee
requests that the Department of Education notify the committee
before applying such new data to its formula calculations.
WITHIN STATE ALLOCATION
States are currently permitted to spend no more than the
greater of 5 percent or $250,000 of their allotments on
administration of State plans, and no more than 10 percent on
State leadership activities. In light of the new
responsibilities placed on States in this legislation, the
committee believes that additional flexibility in utilizing
funds at the State level will be beneficial. The committee
provides such flexibility by enabling States to spend a
combined total of 15 percent on administration and leadership
activities. States must continue to match any such funds spent
on administration as required under current law.
The committee has significantly improved the language that
supports the development of programs to recruit and retain
students in career and technical education programs that lead
to high skill, high wage and nontraditional occupations. Access
to high quality career and technical education programs that
lead to economic self-sufficiency is imperative for secondary
and postsecondary students alike. In this effort, States play a
particularly important leadership role in assisting local
recipients through professional development, technical
assistance, curriculum development and funding. Specifically,
the committee has eliminated the $150,000 cap on the State
leadership set-aside for services that prepare individuals for
nontraditional fields to give States the flexibility to
allocate as much of their State leadership funds as is
necessary for this important effort. The committee does not
intend that States reduce their level of funding as a result of
this change.
Under current law, States must provide at least 85 percent
of their State allotments to local eligible recipients, a
requirement this legislation retains. Of that 85 percent,
States have the authority to award 10 percent to local eligible
recipients in rural areas, areas with high percentages or
numbers of vocational and technical students, and communities
negatively impacted by allocation changes in the 1998
reauthorization. This provision, however, was of limited or no
value for smaller, non-rural States. To address this situation,
the committee has provided States additional flexibility to
reserve the 10 percent, with the approval of participating
eligible recipients, for innovative statewide initiatives that
benefit such recipients, including developing and implementing
technical assessments; improving the professional development
of career and technical education teachers, faculty,
principals, and administrators; and establishing, enhancing,
and supporting systems for accountability data collection or
reporting purposes; or for the development and implementation
of career pathways or career clusters.
NATIONAL ACTIVITIES
Complete and accurate data are essential to the evaluation
and analysis of career and technical education programs. As
such, S. 250 requires that the Secretary's annual report
include a state-by-state analysis of performance data that is
disaggregated by special populations for postsecondary
institutions, and disaggregated for secondary institutions by
special populations and by the categories described in the
school report cards under the Elementary and Secondary
Education Act of 1965. The committee believes that such
requirements will not be onerous, since much of the information
is already reported by States to the Department of Education.
Consistent with other Federal statutes, the requirement to
disaggregate is waived when the number of individuals in a
category is insufficient to yield statistically reliable
information or the results would reveal personally identifiable
information about an individual.
S. 250 slightly modifies the composition of the independent
advisory panel to better focus on such committee priorities as
the integration of academic and career and technicalcontent,
and collaboration with a wide range of types and sizes of businesses.
Required members include educators, principals and administrators
(including State directors of career and technical education) with
experience in the integration of academic and career and technical
education, experts in evaluation, representatives of small business,
and other individuals and intermediaries with relevant expertise.
To reduce duplication and increase efficiency, the
committee reduced the number of national research centers on
career and technical education to one. The committee believes
the career and technical education field will be best served by
a single center that can both conduct and disseminate high-
quality research. The committee further believes that
institutions offering a comprehensive graduate program in
career and technical education are best poised to house such a
center, and should be designated as the primary recipient of
such a grant. It is the committee's intent that the national
center conducts research using the most rigorous methods
available, including scientifically based research where
appropriate. These methods should be designed to address the
research problems and questions. Research methods may include,
but are not limited to, case studies, observations, interviews,
historical reviews, and secondary analysis.
The committee believes it is critical that the center focus
on career and technical education's connection to the workforce
and to teacher education, professional development, recruitment
and retention. The center is given the additional task of
carrying out research to develop, improve and identify the most
successful methods for addressing the needs of employers in
high-skill, high-wage business and industry. The center is also
required to conduct scientifically based research, where
appropriate, that can be used to improve the preparation and
professional development of teachers, principals, and
administrators, as well as student learning. Such research
would include effective in-service and pre-service teacher and
faculty education that assists career and technical education
programs in integrating with academic content standards and
student academic achievement standards under the Elementary and
Secondary Education Act of 1965, as well as promoting technical
education aligned with industry-based standards and
certifications to meet regional industry needs. Such research
would also address recruitment and retention of career and
technical education teachers, faculty, counselors, principals
and administrators.
The committee also requires that an institution of higher
education seeking a grant under this section identify in its
application an independent governing board that meets the
specifications outlined in this legislation. The purpose of
such an independent governing board would be to ensure that the
research and dissemination activities carried out by the
national research center are based on the expertise of the
board members and coordinated with the research activities
carried out by the Secretary.
The committee believes the national research center should
conduct research to assess, develop, improve and identify the
most effective strategies for improving the performance of
special populations students, including students preparing for
nontraditional fields.
NATIONAL ASSESSMENT OF CAREER AND TECHNICAL EDUCATION
The committee makes several modifications to the
independent evaluation and assessment of career and technical
education programs, including an assessment of current
implementation. Such an assessment can offer valuable insight
into how the law is serving the needs of career and technical
education students, and offer guidance in shaping revisions to
the law during the next reauthorization. Recognizing the need
for comprehensive information, the committee also broadens the
scope of such assessment by permitting the inclusion of
additional topics not required under the law. In addition, the
committee expands upon the list of required contents, adding
provisions regarding special populations, attainment of a high
school diploma by career and technical education students,
employer satisfaction with career and technical education
students' preparation for employment, and the effect of local
adjusted levels of performance established under the
legislation on the delivery of career and technical education
services.
The committee believes that the National Assessment of
Vocational Education should include, in its evaluation of
career and technical education, an analysis comparing data on
career and technical education students with students who have
neither participated in career and technical education nor
followed a consistent pathway to college attendance upon
graduation from high school.
TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS
The committee has not made any changes to the way that
funding is distributed under this section. Since their
inception over 3 decades ago, however, tribally controlled
postsecondary educational institutions have evolved in
directions that best benefit the unique tribal populations they
serve. In order to respond to the unique educational needs of
the institutions, interested Senators intend to ask the
Government Accountability Office (GAO) to evaluate various
proposed distribution methods to better understand their impact
on eligible institutions. If the GAO makes recommendations for
changes, the committee would be willing to consider those
changes as part of upcoming education reauthorizations.
The committee retains the requirement in current law for
the Department of Education to prepare a budget needs estimate
for each institution eligible for a grant under this section on
an annual basis. The committee encourages the Secretary to
provide this information to Congress as part of its yearly
budget submission.
The committee is aware of the persistent dissatisfaction
among recipients of grants under this section regarding the
amounts awarded to each eligible institution. To assure each
such institution an adequate opportunity to address their
grievances, the committee establishes an appeals process
consisting of a hearing on the record before an administrative
law judge. It is the committee's intent that each such
institution regard the appeals process as a last resort in
resolving disputes.
The committee is also concerned with the frequent late
payments to the tribally controlled postsecondary vocational
education grantees. We ask the Department to endeavor to let
the grantees know their full award amounts by no later than
July 1, to distribute the funds in a timely manner, and to
inform the committee of the reasons if this is not possible.
OCCUPATIONAL AND EMPLOYMENT INFORMATION
The committee believes that providing students with
adequate information regarding both employment opportunities
and the skills necessary to obtain employment, particularly in
high-skill, high-wage, or high-demand occupations, is an
essential component of federally supported career and technical
education programs. In amending this section, the committee
heard from practitioners in the States and made some important
improvements based on that input.
One of the improvements made was to allow occupational and
employment information programs to submit their application for
Federal funding together with the State plan submitted for the
basic State grants program. A common complaint from the
occupational and employment information providers was that they
had to apply annually for grant funding. The change made by the
committee will permit these providers to plan more effectively
for the future.
The committee recognizes that special populations are
underrepresented in career and technical education courses of
study that would prepare them for high-wage, high-skill, or
high demand and nontraditional careers. The committee intends
that the information, materials, training and other resources
outlined in this section be used proactively to recruit special
populations who are underrepresented in nontraditional fields
to high-wage, high-skill or high demand occupations. This
requirement will help ameliorate the current discrepancies in
course enrollment and subsequent future earnings.
STATE PLAN
S. 250 requires States to submit to the Secretary a State
plan for a 6-year period, rather than a 5-year period as
required under current law. In recognition of the challenges of
adapting to the provisions of a new law, each eligible agency
is permitted to submit a transition plan during the first full
year of implementation of the legislation after the date of its
enactment.
The committee believes that a carefully crafted,
comprehensive, strategic State plan is critical to the success
of career and technical education programs within each State.
For this reason, the range of individuals with whom the
eligible agency must consult in developing the State plan is
expanded to include academic and career and technical education
teachers, faculty, principals, administrators, career guidance
and academic counselors, the State Tech-Prep coordinator and
representatives of Tech-Prep consortia (if applicable),
representatives of charter school authorizers and organizers
(if applicable), and representatives of business (including
small business). In requiring the involvement of Tech-Prep
personnel, the committee intends that States actively seek
mechanisms to integrate and coordinate programs and activities
under both the basic State grant and Tech-Prep grant programs.
S. 250 retains many elements of the State plan contents
required under current law including, among other items,
descriptions of the secondary and postsecondary career and
technical programs to be carried out, initiatives to improve
and expand access to quality technology in those programs, and
the rationale for allocation of funds among secondary and
postsecondary career and technical education.
S. 250 revises and expands the contents of the State plan
in a number of key areas to reflect new responsibilities given
the States in this legislation. States must describe how they
will assist eligible recipients in meeting the legislation's
new requirement that each eligible recipient develop and
implement at least one career pathway. It is the committee's
intent, however, that the State should encourage and assist
eligible recipients in developing and implementing multiple
career pathways to offer students the greatest possible array
of options. The State plan requires the eligible agency to
describe how it will support eligible recipients in developing
articulation agreements and how they will use labor market
information. The plan further requires the eligible agency to
describe how it will make available information about the
career pathways offered by various eligible recipients within
the State, and how it will consult with business and industry
and use industry-recognized standards and assessments, if
appropriate. In carrying out these obligations, the committee
believes it is important that the State respect the tradition
of local control of education.
States will also be required to address their strategy for
promoting successful outcomes for career and technical
education students. Specifically, they must explain how they
will encourage secondary career and technical education
students to enroll in challenging courses in core academic
subjects, and describe the criteria they will use to assess how
local plans will promote higher levels of academic achievement
and technical skill attainment. The State plan must describe
how secondary programs will prepare career and technical
education students, including special populations, to not only
graduate from high school with a diploma, but also be prepared
for opportunities in postsecondary education or entry into
high-skill, high-wage or high-demand occupations, including
nontraditional fields. The State must also outline how it will
use funds to improve or develop new career and technical
education courses that are aligned with business needs and
industry standards. At the secondary level, courses should be
aligned with challenging academic content standards and student
academic achievement standards adopted by the State under the
Elementary and Secondary Education Act of 1965.
States must also describe program strategies for special
populations, including a description of how the State will
ensure that individuals will not be discriminated against on
the basis of their status as members of a special population,
and will be provided with equal access to activities assisted
under the legislation. Such program strategies must include a
description of 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. The plan must alsoaddress how the eligible agency
will measure and report disaggregated data relating to student
participation in and completion of career and technical education
within specific career clusters. The committee believes such
disaggregation by career clusters will yield important information
regarding gender and special populations that may be used to evaluate
and improve career and technical education programs.
The committee is aware that States have requested the
option of filing a single, unified plan instead of submitting a
separate plan for each of the following sections: 111, 118, and
141. The committee agrees that States should be given the
option, but not be required, to submit such a unified plan in
order to reduce time spent on administration. The committee
hopes that offering a consolidated plan option will encourage
States to further integrate and coordinate activities carried
out under such sections.
The committee acknowledges the work of the Integrated
Performance Initiative as an exemplar of cross-program common
performance measures that would fulfill the requirements of
this section. Allowing States to utilize common performance
measures across programs, including Perkins, creates a shared
accountability model that will result in more coordinated,
systematic delivery of education and workforce programs to
youth and adults.
STATE LEADERSHIP ACTIVITIES
S. 250 significantly strengthens the professional
development activities required by the 1998 reauthorization of
the Carl D. Perkins Vocational and Technical Education Act and
requires States to provide technical assistance to local
recipients that are not meeting their negotiated performance
levels.
In addition, the committee added several permissible
activities. S. 250 permits States to use leadership funds for
developing technical skill assessments, supporting articulation
agreements, and coordinating with State workforce investment
activities. States are also permitted to spend funds for the
development and enhancement of data systems and the improvement
of career guidance and academic counseling.
The committee believes the significant improvements made to
federally supported career and technical education programs
will provide important opportunities for States to support the
efforts of local grant recipients. By expanding the list of
allowable State leadership activities, eligible agencies will
be better able to support local grantees.
In Section 124, the committee expects schools and local
educational agencies to provide career guidance and academic
counselors with the professional development support necessary
to remain current on industry trends and needs.
CAREER AND TECHNICAL EDUCATION PERSONNEL
Much of the responsibility for ensuring that career and
technical education programs are current, well integrated with
relevant academic standards and assessments, and aligned with
business and industry practice and expectations, will lie with
career and technical education teachers, faculty, principals,
administrators, and career guidance and academic counselors.
However, there is currently a nationwide shortage of career and
technical education personnel, and a decreasing number of
programs at the postsecondary level to develop such personnel.
The committee, therefore, has a particular interest in
improving the recruitment, initial preparation, and subsequent
professional development of career and technical education
personnel. As such, the committee strengthens these activities,
as it did in the Elementary and Secondary Education Act of 1965
and the Individuals with Disabilities Education Act
reauthorization. Specifically, the bill, through the State
plan, State leadership activities, local plan, and local uses
of funds, requires comprehensive and high quality initial
preparation and professional development for career and
technical education personnel, including through mentoring
programs and training designed to improve teaching skills,
increase academic and career and technical education knowledge,
promote the integration of academic and career and technical
education curriculum, improve instruction for special
populations, effectively involve parents, and enhance the
leadership capacity of principals and administrators.
Additionally, the bill's focus in this important area is not
just on career and technical education teachers, but on all
personnel, including faculty, principals, administrators, and
career guidance and academic counselors, involved with career
and technical education students.
The committee recognizes the importance of full-time and
part-time faculty at institutions of higher education as well
as the contributions that individuals who currently work full
time in business and industry can bring to career and technical
education programs. By teaching part-time in addition to
maintaining their positions in business and industry, part-time
or adjunct faculty can help to ensure that programs are up-to-
date with the technology and skills in a particular career
area. Options for using Perkins funds to support adjunct
faculty are aimed at supplementing the instruction in career
and technical education programs rather than to supplant
existing full or part-time faculty.
The reference to adjunct faculty is not intended to negate
or supersede collective bargaining agreements or normal faculty
governance structures such as faculty senates.
SMALL LEARNING COMMUNITIES
The committee believes that career and technical education
programs, which are generally organized around unifying and
integrated career themes, such as career clusters, create ideal
opportunities for small learning communities. Such communities
may consist of small new schools, schools within schools,
career academies, or other small learning environments. Small
learning communities are associated with many positive
outcomes. For example, average achievement is higher in small
high schools, and effects are greatest for low-income and
minority students. Other positive outcomes include higher
school attendance rates, higher pass rates for core classes,
higher graduation rates and lower drop-out rates, and higher
rates of college attendance. Students in small learning
communities also feel less alienated and tend to be more
actively engaged in school activities. In addition, small
schools are safer schools where students are less likely to
experience physical danger, loss of property, and vandalism.
Accordingly, the committee amended Section 135(c) to allow
local recipients to use funds to develop and support small,
personalized career-themed learning communities.
DATA SYSTEMS
High-quality data systems are the bedrock on which
effective career and technical education programs are built.
Such systems are essential for collecting and analyzing data
about educational and employment outcomes, as well as for
career and technical education program evaluation and
improvement. The data reported, however, must be complete,
accurate, valid and reliable. Yet present data and data systems
are too often incapable of meeting the requirements of career
and technical education programs, of States, and of this act.
Accordingly, the committee includes several new provisions for
data collection, utilization, and analysis, including
provisions which allow the State allocation to be used to
support and develop State data systems, and State leadership
funds to be used to develop and enhance data systems to collect
and analyze data on postsecondary and employment outcomes.
VALID AND RELIABLE TECHNICAL ASSESSMENTS
This bill is designed to improve student educational and
employment outcomes, including their technical and workplace
knowledge and skills. For example, this bill will require
States to identify core indicators of performance that include
measure of student achievement on technical assessments and
attainment of career and technical skill proficiencies. Thus,
it is essential to develop valid and reliable assessments of
technical and career competencies that are aligned with
nationally recognized industry standards and integrate industry
recognized certification assessments, if available and
appropriate. To address this need for high-quality technical
assessments, S. 250 permits State leadership funds to be used
to develop valid and reliable assessments of technical skills
that are integrated with industry recognized certification
assessments, where available.
LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS
The committee believes a comprehensive local plan is the
foundation for an effective system of career and technical
education programs at the local level. S. 250 largely maintains
the required contents of the local plan, while revising and
adding several topics to reflect committee priorities. The
legislation requires eligible recipients to describe how career
and technical education activities will be carried out with
respect to meeting State levels of performance and the local
levels of performance newly established under section 104. The
committee believes it is critical that the merit of such
activities be judged by how the eligible recipient meets State
and local levels of performance, and makes adjustments in
planning and practice accordingly. The committee also believes
it is imperative for career and technical education programs to
span both secondary and postsecondary levels and to prepare
students to attain technical skill proficiency, an industry-
recognized credential, a certificate or a degree whenever
possible. As such, the local plan requires eligible recipients
to describe how they will offer the appropriate courses of at
least one career pathway.
The committee believes a wide range of individuals and
entities must be involved in the development, implementation
and evaluation of career and technical education programs. The
legislation broadens the scope of such required consultation by
stipulating that representatives of Tech-Prep consortia be
included if an eligible recipient is part of a Tech-Prep
consortia. Such consultation would provide for better
integration of traditional career and technical education
activities and Tech-Prep activities.
In addition, local plans must describe how comprehensive
professional development will be provided consistent with
section 111; how career guidance and counseling will be
provided to all career and technical education students; and
those efforts that will improve the recruitment and retention
of career and technical education teachers, faculty,
counselors, principals, and administrators.
The committee provides that local secondary education
recipients may meet the requirement established in section
134(b)(10) through adult education programs and area vocational
technical schools that have demonstrated the ability to meet
the education and training needs of special populations who are
underrepresented in high-wage, high-skill or nontraditional
fields.
LOCAL USES OF FUNDS
The committee allows local recipients to utilize local
funds for activities to prepare special populations for high-
skill, high-wage, or high-demand and nontraditional occupations
that will lead to self-sufficiency. These activities may
include outreach, recruitment, career and academic counseling,
life skills development, vocational assessment and testing,
supportive services, financial literacy training, job readiness
training, tuition assistance, and preparatory services.
It is the intent of the committee that the career and
technical education programs funded under the Act provide
meaningful opportunities for students and workers to prepare
for high-skill, high-wage occupations that may lead to economic
self-sufficiency. In implementing this provision, it is the
recommendation of the committee that students and workers be
provided with information about other State and Federal
programs that may offer additional assistance.
S. 250 requires that any local funds spent on equipment be
for ``instructional'' equipment. This would include any
equipment critical for successful instruction and the
preparation of students for entry into the workforce. The new
language would provide safeguards to prevent schools from using
Perkins funds for items unrelated to career and technical
education, but should not prevent programs from purchasing
needed technical equipment.
TECH-PREP EDUCATION
Tech-Prep education has had its own authorization since the
1990 reauthorization of Federal vocational and technical
education programs. S. 250 maintains a separate authorization,
but the committee felt strongly that the activities authorized
by the Tech-Prep education program could be more consistently
incorporated with those activities supported by the basic State
grants. To that end, the committee believes shifting the Tech-
Prep program into the basic State grants as a new Part D while
maintaining independent funding would help improve
collaboration between Tech-Prep grantees and basic State grant
recipients.
In addition, the committee has encouraged greater
collaboration between 2- and 4-year institutions of higher
education and secondary schools in order to extend the benefits
of career and technical education to all career and technical
education students, not just students attending Tech-Prep
programs.
FISCAL REQUIREMENTS
The committee heard from a number of States that the
maintenance of effort requirements were creating a reporting
challenge. In order to address these concerns, the committee
allows States to use a rolling average of expenditures from
consecutive 3-year periods to make that determination, rather
than use alternative solutions that had been suggested.
BUSINESS AND EDUCATION PARTNERSHIPS
The committee recognizes the value of partnerships between
secondary and postsecondary programs, businesses, and
intermediaries, and wishes to expand and improve such
partnerships. Students inevitably benefit when high schools,
colleges, and businesses work together on their behalf.
Collaboration ensures that programs reflect industry standards
and research, respond to local workforce needs and realities,
and prepare students for careers in which there is local
demand. As such, the committee adds a new purpose to the act to
support these partnerships. The bill also allows eligible
recipients to use funds to establish or strengthen existing
partnerships with local businesses, including small businesses.
The committee notes that one example of such a partnership
is the Automotive Youth Educational Systems program (AYES). The
AYES program, which operates in 45 States, affords high school
juniors and seniors the opportunity to gain valuable experience
as paid interns working alongside skilled automotive
technicians who serve as mentors. Upon graduation, this work
experience then translates into postsecondary studies, advanced
training, or high-skill, high-wage, high-demand jobs for
students. The U.S. Department of Education has cited AYES for
helping raise the rigor of career and technical education by
offering industry-based instruction, and the U.S. Department of
Labor has acknowledged the program's contributions to workforce
development and its successful record in creating local
partnerships that provide critical skills to students.
The Committee encourages State and local education agencies
to support the AYES program and other partnerships that meet
the goals of the Act.
VI. Cost Estimate
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 250--Carl D. Perkins Career and Technical Education Improvement Act
of 2005
Summary: S. 250 would amend the Carl D. Perkins Vocational
and Technical Education Act of 1998 and reauthorize secondary
and postsecondary vocational education programs through fiscal
year 2011. Under the General Education Provisions Act (GEPA),
these authorizations would automatically be extended for one
year, to 2012. CBO estimates that the act would authorize
appropriations of $1.4 billion for these purposes for fiscal
year 2006 and $10.0 billion for fiscal years 2006 through 2012,
assuming adjustments for inflation. Assuming the appropriation
of the necessary funds, the resulting outlays would total $41
million for 2006 and $8.1 billion over the seven-year period.
The act would not affect direct spending or revenues.
S. 250 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs to state, local, or tribal governments would result
from complying with conditions of federal assistance.
Estimated Cost to the Federal Government: The estimated
federal budgetary impact of S. 250 is presented in the
following table. The costs of this legislation fall within
budget function 500 (education, training, employment, and
social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------
2005 2006 2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for
Vocational Education:
Budget Authority a.................. 1,333 791 0 0 0 0 0 0
Estimated Outlays................... 1,334 1,293 333 67 0 0 0 0
Proposed Changes:
Section 5--State Grants:
Estimated Authorization Level b..... 0 1,213 1,232 1,255 1,278 1,300 1,324 1,348
Estimated Outlays................... 0 36 924 1,175 1,249 1,272 1,294 1,318
Section 105--National Activities:
Estimated Authorization Level....... 0 12 12 12 12 13 13 13
Estimated Outlays................... 0 * 9 12 12 12 13 13
Section 108--Tribally Controlled
Postsecondary Vocational Institutions:
Estimated Authorization Level....... 0 10 10 10 11 11 11 11
Estimated Outlays................... 0 * 8 10 10 10 11 11
Section 109--Occupational and Employment
Information:
Estimated Authorization Level....... 0 9 9 9 9 10 10 10
Estimated Outlays................... 0 * 7 9 9 9 10 10
Section 119--Tech-Prep Education:
Estimated Authorization Level....... 0 108 109 111 113 115 117 119
Estimated Outlays................... 0 3 81 104 111 113 115 117
Total Changes:
Estimated Authorization Level....... 0 1,351 1,373 1,398 1,423 1,449 1,475 1,502
Estimated Outlays................... 0 41 1,027 1,308 1,391 1,416 1,442 1,468
Total Spending Under S. 250 for
Vocational Education:
Estimated Authorization Level....... 1,333 2,142 1,373 1,398 1,423 1,449 1,475 1,502
Estimated Outlays................... 1,334 1,334 1,361 1,374 1,391 1,416 1,442 1,468
----------------------------------------------------------------------------------------------------------------
NOTES: Components may not sum to totals due to rounding.
* = less than $500,000.
a The 2005 and 2006 amounts are the totals appropriated for those years.
b Authorization levels do not assume any advance appropriations.
Basis of estimate
For this estimate, CBO assumes that S. 250 will be enacted
this year and that the necessary amounts will be appropriated
for each year. In cases where the authorization is for such
sums as may be necessary, beginning in 2006, CBO bases its
estimate on the 2005 appropriation adjusted for inflation.
Estimated outlays are based on the historical spending of
programs authorized by the Carl D. Perkins Vocational Education
Act.
State grants
Section 5 of S. 250 would authorize the appropriation of
such sums as may be necessary for state grants for fiscal years
2006 through 2012. CBO estimates that this provision would
authorize $1.2 billion for fiscal year 2006 and $9 billion for
fiscal years 2006 through 2012. (Appropriations for state
grants totaled $1.2 billion in 2005.) Assuming appropriation of
the authorized amounts, the resulting outlays would total $7.3
billion over the same period. These formula grants would be
used to support vocational programs in high schools, technical
schools, and community colleges.
National activities
Section 105 would authorize such sums as may be necessary
for fiscal years 2006 through 2012 to collect vocational
education performance data and to support research on the
effectiveness of vocational and technical education. CBO
estimates that this section would authorize appropriations of
about $12 million in fiscal year 2006 and $87 million over the
seven-year period. This estimate is based on the 2005
appropriation for national activities, which was $12 million.
Tribally controlled postsecondary vocational and technical
institutions
Section 108 would authorize $10 million in fiscal year 2006
and such sums as may be necessary for fiscal years 2007 through
2012 to fund tribally controlled postsecondary vocational and
technical institutions. Assuming that appropriations from 2007
through 2012 would be equal to the 2006 authorization, with
adjustments for inflation, CBO estimates this section would
authorize $74 million for fiscal years 2006 through 2012.
Tribally controlled postsecondary vocational and technical
institutions received $7 million in funding for fiscal year
2005.
Occupational and employment information
Section 109 would authorize the appropriation of such sums
as may be necessary for fiscal years 2006 through 2012 to
improve vocational education counseling services and career
guidance. Authorizations of appropriations are estimated to be
$9 million in fiscal year 2006 and to total $66 million for the
entire seven-year period.
Tech-prep education
Section 119 would reauthorize the Tech-Prep Education
program at such sums as may be necessary for fiscal years 2006
through 2012. This funding provides grants to states to support
transition programs between secondary and postsecondary
vocation education. CBO estimates that this section would
authorize appropriations of about $108 million in fiscal year
2006 and $793 million for the seven-year period. This section
would also eliminate the Tech Prep Demonstration Program. In
fiscal year 2005, the Congress appropriated $106 million for
Tech Prep Education and $5 million for the Tech Prep
Demonstration Program.
Intergovernmental and private-sector impact: S. 250
contains no intergovernmental or private-sector mandates as
defined by UMRA; any costs to state, local, or tribal
governments would result from complying with conditions of
federal assistance. The act would change some parameters under
which state, local, and tribal governments apply for and
receive federal grants for vocational and technical education.
Assuming they comply with the conditions of aid, states would
not see cuts in allocations through fiscal year 2008 and would
be guaranteed at least 95 percent of the prior year's funding
level in fiscal years 2009-2011. For programs at tribally
controlled colleges, the act would authorize appropriations of
$10 million in fiscal year 2006 and such sums as may be
necessary for the succeeding five years.
Previous CBO estimate: On March 16, 2005, CBO transmitted a
cost estimate for H.R. 366, the Vocational and Technical
Education for the Future Act, as ordered reported by the House
Committee on Education and the Workforce on March 9, 2005. The
authorizations in that bill are similar to those in S. 250, and
neither bill would impose any mandates on state, local, or
tribal governments or on the private sector.
Estimate prepared by: Federal costs: Justin Humphrey;
impact on state, local, and tribal governments: Marjorie Miller
and Sarah Puro; impact on the private sector: Meena Fernandes.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
VII. Regulatory Impact Statement
The committee has determined that there will be de minimis
changes in the regulatory burden imposed by this bill.
VIII. Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1, the Congressional
Accountability Act (CAA) requires a description of the
application of this bill to the legislative branch. S. 250
reauthorizes secondary and postsecondary vocational education
programs for the States and does not amend any act that applies
to the legislative branch.
IX. Section-By-Section Analysis
Section 1--Short title, Table of Contents
Designates the bill as the ``Carl D. Perkins Career and
Technical Education Improvement Act of 2005.'' Amends the table
of contents for the bill.
Section 2--References
Specifies that changes in this legislation apply to the
Carl D. Perkins Vocational and Technical Education Act of 1998.
Section 3--Purpose
Amends section 2 of current law and adds three purposes:
promoting leadership 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;
supporting partnerships among secondary schools, postsecondary
institutions, area career technical centers, business and
industry, professional associations and intermediaries; and
developing a highly skilled workforce needed to keep America
competitive in the global economy in conjunction with
otherFederal education and training programs, including workforce
investment programs, that provide lifelong learning for the workforce
of today and tomorrow.
Section 4--Definitions
Amends the definition of vocational and technical education
to read ``career and technical education'' throughout the bill.
Shifts the set of definitions from Title II into section 4 of
the Act.
Defines ``career pathway'' as a coordinated and
nonduplicative sequence of courses that identifies both
secondary and postsecondary elements; includes challenging
academic and career and technical education content; may
include the opportunity for students to participate in dual or
concurrent enrollment programs or other ways to acquire
postsecondary credits; and culminates in technical skill
proficiency, an industry-recognized credential, a certificate,
or a degree.
Defines the term ``core academic subjects'' as it is
defined in section 9101 of the Elementary and Secondary
Education Act of 1965.
Amends the definition of an ``eligible institution'' by
specifying that eligible institutions must be ``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.''
Defines the term ``graduation and career plan'' as a
written plan for a secondary career and technical education
student that: Is developed with career guidance and academic
counseling staff, and 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 nontraditional fields
in emerging and established professions and labor market
indicators; and 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.
Defines the term ``self-sufficiency'' as a standard that is
adopted, calculated, or commissioned by a local area or State,
and which adjusts for local factors in specifying the income
needs of families, by family size, the number and ages of
children in the family, and sub-State geographical
considerations.
Section 5--Transition provisions
Provides for the successful transition between the current
Act and the Carl D. Perkins Career and Technical Education
Improvement Act of 2004. Ensures that each eligible agency will
have a full fiscal year for transition to plan for and
implement the requirements of this Act.
Section 6--Limitation
Strikes a reference in current law to the School-to-Work
Opportunities Act of 1994.
Section 7--Authorization of appropriations
Authorizes funding for career and technical education
through 2011.
Title I--Career and Technical Education Assistance to the States
Section 101--Career and Technical Education Assistance to the States
Renames the Title I basic State grant program ``Career and
Technical Education Assistance to the States.''
Section 102--Reservations and state allotment
Section 102 modifies the formula in section 111 of current
law for Federal to State allocations. The modification applies
only to funding appropriated in excess of fiscal year 2005
funding. Any such excess amounts are to be distributed
according to the formula under paragraph (2) of current law,
but with the following restrictions: No State may receive less
than \1/2\ of 1 percent of the total excess amount, and no
State, because of the application of such modified formula in
combination with the regular formula, may receive in total for
a fiscal year more than the amount determined by a mathematical
calculation.
Section 103--State allocations
Section 103 amends section 112 of current law.
Section 103 modifies section 112 of current law for state
allocations. The modification gives states greater flexibility
with previous set-asides for serving individuals in State
institutions, and preparing individuals for nontraditional
employment. It also allows States to use the 10 percent reserve
money from the amount being sent to local areas to award grants
to eligible recipients in rural areas, areas with high
percentages or numbers of career and technical education
students as in current law; and offers a new option, with the
approval of participating eligible recipients, to offer
innovative statewide initiatives that demonstrate benefits for
eligible recipients.
This section further modifies current law by allowing
states to use funds to develop and support state data systems.
Section 104--Accountability
Section 104 amends section 113 of current law. This section
establishes separate indicators for secondary and postsecondary
grant recipients. The amended secondary performance indicators
are: student achievement on technical assessments and
attainment of career and technical skill proficiencies that are
aligned with nationally recognized industry standards, if
available and appropriate; student attainment of challenging
academic content standards and student academic achievement
standards as adopted by the State under the Elementary and
Secondary Education Act of 1965 and measured by the academic
assessments described in section 1111(b)(3) of such Act,
consistent with State requirements; student rates of attainment
of a secondary school diploma, the recognized equivalent of a
secondary school diploma, technical skill proficiency, an
industry-recognized credential, a certificate, and a degree;
placement in postsecondary education, military service,
apprenticeship programs, or employment; student participation
in, and completion of, career and technical education programs
that lead to employment in nontraditional fields.
The postsecondary indicators are: student achievement on
technical assessments and attainment of career and technical
skill proficiencies that are aligned with nationally recognized
industry standards, if appropriate; student attainment of
technical skill proficiency, an industry-recognized credential,
a certificate, or a degree, or retention in postsecondary
education, including transfer to a baccalaureate degree
program; placement in military service, apprenticeship
programs, or employment; student participation in, and
completion of, career and technical education programs that
lead to employment in nontraditional fields; increase in
earnings, where available.
This section also requires States to align performance
indicators with other applicable State and Federal programs in
order to meet the requirements of this section, disaggregate
data when reporting, reevaluate levels of performance every two
years, and require local recipients to meet performance
indicators established in conjunction with the State.
Section 105--National activities
Section 105 amends section 114 of current law to require
that the Secretary's annual report to Congress on the
Secretary's aggregate analysis of performance information
collected each year pursuant to the law include an analysis of
performance data that is disaggregated by special populations
for postsecondary institutions, and disaggregated for secondary
institutions by special populations and by the categories
described in section 1111(h)(1)(C)(i) of the Elementary and
Secondary Education Act of 1965. The requirement to
disaggregate is waived when the number of individuals in a
category is insufficient to yield statistically reliable
information or the results would reveal personally identifiable
information about an individual.
Section 105 modifies the composition of the independent
advisory panel to include educators, principals and
administrators (including State directors of career and
technical education) with experience in the integration of
academic and career and technical education, experts in
evaluation, representatives of small business, and other
individuals and intermediaries with relevant expertise.
Section 105 requires that the independent evaluation and
assessment of career and technical education programs that the
Secretary must provide for shall include, to the extent
practicable, the implementation of the Carl D. Perkins Career
and Technical Education Improvement Act of 2005. The section
broadens the scope of such assessment by stating that it is not
limited to the list of contents required by the law. The
section modifies the list of required contents and adds
provisions regarding special populations, attainment of a high
school diploma by career and technical education students,
employer satisfaction with career and technical education
students' preparation for employment, and the effect of new
local adjusted levels of performance on the delivery of career
and technical education services.
Section 105 authorizes the Secretary to award competitive
grants, contracts or cooperative agreements to an institution
of higher education offering a comprehensive graduate program
in career and technical education, which shall collaborate with
organizations or agencies to establish one national research
center, rather than multiple centers as permitted under current
law. The center is given the additional task of carrying out
research to develop, improve and identify the most successful
methods for addressing the needs of employers in high-skill,
high-wage business and industry. The center's tasks are further
modified to require the conduct of research, which should be
scientifically based where appropriate, that can be used to
improve the preparation and professional development of
teachers, principals, and administrators, as well as student
learning.
Section 105 requires that an institution of higher
education that desires a grant under this section shall
identify in its application an independent governing board that
meets the qualifications newly established in this section. The
purpose of such independent governing board would be to ensure
that the research and dissemination activities carried out by
the national research center are coordinated with the research
activities carried out by the Secretary.
Section 106--Assistance for the outlying areas
Section 106 amends section 115 of current law by replacing
``vocational'' with ``career'' where it appears and eliminating
the Republic of the Marshall Islands and the Federated States
of Micronesia from the Perkins grant program, consistent with
the agreements in the new Compact of Free Association.
Section 107--Native American program
Section 107 amends section 116 of current law. Adds an
additional use of funds programs that are targeted to recruit,
train and retrain Native American women who are traditionally
underrepresented to compete for high-skill, high-wage
occupations, including women pursuing technology careers
(particularly in health care and science) or women who reside
in rural or geographically isolated areas.
Section 108--Tribally controlled postsecondary career and technical
institutions
Section 108 amends section 117 of current law and requires
that the Secretary's preparation of an actual budget needs
estimate for each institution eligible under this section occur
on an annual basis. The Secretary is required to conduct a
detailed study of the training, housing and immediate
facilities needs of each such institution by July 1, 2006. The
Secretary is also required to conduct a long-term study of the
facilities of each such institution beginning on the date of
enactment of this legislation.
Section 108 establishes an appeals process for tribally
controlled postsecondary career and technical institutions
consisting of a hearing on the record before an administrative
law judge with respect to a determination of ineligibility for
a grant or a determination regarding the calculation of the
amount of a grant awarded under this section. Appeals must be
filed within 30 days of receipt of a determination. The
Secretary is directed to withhold the amount in dispute from
the award of grant funds under this section until the
administrative law judge has issued a written decision on the
appeal.
Section 109--Occupational and employment information
This section amends section 118 of current law by allowing
States to apply for their Occupational and Employment
Information grant funds with their Perkins application. It
further requires States to describe how they will use funds to
provide information on labor market trends, and the academic
content standards and student achievement standards adopted by
the State. The modifications clarify that the State may provide
this information to students and parents and should include
information on secondary and postsecondary education and
training in high-skill, high-wage and high-demand occupations,
including nontraditional occupations in emerging or established
fields.
This section further requires that the State plan include
information on how the grantee will equip teachers, faculty,
administrators, and counselors with the knowledge, skills and
occupational information to assist parents and students,
including special populations underrepresented in certain
careers, to make informed career choices.
Section 110--State administration
Section 110 amends section 121 of current law. Amends State
administration requirements so that teacher preparation
programs and business involvement are included in the State's
administration responsibilities.
Section 111--State plan
Section 111 amends Section 122 of current law by requiring
eligible agencies to submit to the Secretary a State plan for a
6-year period, together with such annual revisions as may be
necessary. Each eligible agency is permitted to submit a
transition plan during the first full year of implementation of
the legislation after the date of its enactment. The range of
individuals with which the eligible agency must consult in
developing the State plan is expanded to include academic and
career and technical education teachers, faculty, principals,
administrators, career guidance and academic counselors, the
State Tech-Prep coordinator and representatives of Tech-Prep
consortia (if applicable), representatives of charter school
authorizers and organizers (if applicable), and representatives
of business (including small business).
Section 111 revises and expands the contents of the State
plan to include, among other things, a description of: how the
eligible agency will support eligible recipients in developing
or implementing career pathways, developing articulation
agreements, and using labor market information; how the
eligible agency will make available information about career
pathways offered by eligible recipients; how the eligible
agency will consult with business and industry and use
industry-recognized standards and assessments, if appropriate;
criteria to assess the extent to which a local plan will
promote higher levels of academic achievement and technical
skill attainment, and identify and address workforce needs; how
secondary programs will prepare career and technical education
students, including special populations, to graduate from high
school with a diploma and be prepared for opportunities in
postsecondary education or entry into high-skill, high-wage or
high-demand occupations; how funds will be used to improve and
develop new career and technical education courses that are
aligned with business needs and industry standards, and at the
secondary level, aligned with challenging academic content
standards and student academic achievement standards adopted by
the State under the Elementary and Secondary Education Act of
1965; how career and technical education teachers, faculty,
principals, administrators, and career guidance and academic
counselors will be provided with comprehensive initial
preparation and professional development, including through
programs and activities that promote the integration of
academic and career and technical education curriculum
development and increase the academic and career and technical
education knowledge of such teachers and faculty; efforts to
improve recruitment and retention of career and technical
education teachers, faculty, principals, administrators, and
career guidance and academic counselors, and the transition to
teaching from business; efforts to improve the capacity of
programs and faculty at postsecondary institutions to
effectively prepare career and technical education personnel;
how the eligible agency will encourage secondary school
students to enroll in challenging courses in core academic
subjects; how the eligible agency will collaborate in
developing the State plan with various entities within the
State, including those responsible for elementary and secondary
education, and for postsecondary education; how the eligible
agency will measure and report disaggregated data relating to
student participation in and completion of career and technical
education within specific career clusters; and how funds will
be used to promote preparation for high-skill, high-wage or
high-demand occupations and nontraditional fields in emerging
or established professions.
Section 111 permits an eligible agency to submit a single
State plan in fulfillment of its plan or application submission
requirements of this section, section 118(b) and section
141(c). In such consolidated plan, an eligible agency may allow
eligible recipients to submit a single local plan to fulfill
obligations under section 134 and subsections (a) and (b) of
section 143.
Section 112--Improvement plans
This section modifies section 123 of current law by
providing separate actions for state and local improvement
plans.
If the State fails to meet State adjusted levels of
performance, the Secretary shall provide technical assistance
in order to assist them in meeting their adjusted levels of
performance. If the State fails to meet their adjusted levels
of performance, has not implemented an improvement plan, has
shown no improvement 1 year after implementation of an
improvement plan, or has failed to meet State adjusted levels
of performance for 2 or more consecutive years, the Secretary
may withhold all or a portion of the State's allotment. The
Secretary must use the funds withheld from any sanction to
provide services within the State through alternative
arrangements. The Secretary may waive the sanction due to
exceptional circumstances.
For local recipients who are not making substantial
progress in achieving the local adjusted levels of performance,
the State must conduct an assessment of local performance,
enter into an improvement plan with the eligible recipient for
one program year that shall include information on how the
local performance deficiencies will be corrected and what
programmatic changes and professional development will take
place, and conduct regular evaluations of progress being made
toward reaching the local adjusted levels of performance. All
of the activities conducted by the State will be done with the
appropriate individual and organizations, including teachers,
principals, faculty, administrators and parents. The State
shall also provide the necessary technical assistance.
If the local recipient fails to implement an improvement
plan, fails to show improvement after 1 year, or has failed to
meet local adjusted levels of performance for 2 or more
consecutive years, the State may withhold funding after notice
and opportunity for a hearing. The State may waive the sanction
for exceptional circumstances and must use funds withheld to
provide services and activities to students within the same
area.
Section 113--State leadership activities
Section 113 amends section 124 of current law. Amends the
required State activities to include efforts to train career
and technical education professionals to use technology,
encourage schools to collaborate with technology industries for
internship or mentoring opportunities, enhance professional
development and make connections between career and technical
education programs and business needs.
Amends the allowable State activities to include improving
career guidance and academic counseling, establish articulation
agreements, support for public charter school programs, support
for partnerships with businesses or business intermediaries,
developing technical skills assessments, enhancing State data
systems, and commissioning or adopting a self-sufficiency
standard.
Section 114--Distribution of funds to secondary school programs
Section 114 amends section 131 of current law by striking
the outdated subsection (a) regarding distribution for fiscal
year 1999. Subsection (b) is renamed ``Distribution Rules'' to
reflect the deletion of the fiscal year 1999 provisions. The
provisions of subsection (b) become the standard rules
regarding distribution.
Section 115--Distribution of Postsecondary Career and Technical
Education Programs
Section 115 amends section 132 of current law by changing
the title of the section and by replacing ``vocational'' with
``career'' where it appears.
Section 116--Special rules for career and technical education
Section 116 amends section 133 of current law by changing
the title of the section and by replacing ``vocational'' with
``career'' where it appears.
Section 117--Local plan for career and technical education programs
Section 117 amends section 134 of current law. It revises
and expands the contents of the local plan to include, among
other things, a description of: how career and technical
education activities will be carried out with respect to
meeting State and local adjusted levels of performance; how the
eligible recipient will offer the appropriate courses of at
least one career pathway; how comprehensive professional
development will be provided consistent with section 111; how
various individuals and entities (including representatives of
Tech-Prep consortia if applicable) 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
the requirements of this title, including career pathways; how
career guidance and counseling will be provided to all career
and technical education students; and efforts to improve the
recruitment and retention of career and technical education
teachers, faculty, counselors, principals, and administrators.
Section 118--Local uses of funds
Section 118 amends section 135 of current law by replacing
``vocational'' with ``career'' where it appears.
It requires each grantee to strengthen the academic and
career and technical skills of students in career and technical
education program by improving integration through a coherent
sequence of courses, such as career pathways. It requires that
each grantee link secondary and postsecondary career and
technical education by offering not less than 1 career pathway,
developing and supporting articulation agreements between
secondary and post-secondary institutions, or supporting tech
prep program. It requires each granteeto develop, improve or
expand the use of technology, including distance learning, in career
and technical education through training teachers, faculty, principals
and administrators to use technology and partner with technology
industries to offer voluntary internships and mentoring programs. It
further requires that each grantee provide quality professional
development programs; evaluations, including assessments on how the
needs of special populations are being met; a description of how career
and technical education are being modernized; a description of the
services and activities provided to special populations in order to
prepare them for high-skill, high-wage, and high-demand occupations;
and their efforts to provide programs that are of sufficient size,
scope and quality.
The modifications also allow each grantee to involve
parents, businesses and labor organizations in the design and
implementation of career and technical programs; to fund
partnerships with business and business intermediaries; to
provide career guidance and academic counseling; to provide
programs for special populations; to support career and
technical student organizations; to establish mentoring and
support services; to use funds to lease, purchase, upgrade or
adapt instructional equipment; to use funds for teacher
preparation programs that address the integration of academic
and technical education and assist individuals interested in
entering career and technical education, including individuals
with experience in business and industry; to develop new career
and technical courses and career pathways; to develop and
support small, personalized, career-themed learning
communities; to develop career and technical education programs
for adults and school dropouts to complete their secondary
school education or upgrade their technical skills; to provide
assistance to individuals who have participated in services and
activities under this legislation to find an appropriate job
through collaboration with the workforce system in the State;
to support activities, such as mentoring and outreach, in
nontraditional fields; and support other career and technical
education activities that are consistent with this act.
Section 119--Tech-Prep education
Section 119 amends Title II of current law. It moves the
Tech-Prep program from Title II into Title I and redesignates
it as Part D of Title I. Amends the professional development
requirements under the Tech-Prep program to match the
requirements set forth elsewhere in the bill and includes
graduation and career plans in allowable uses of funds.
Authorizes funding for Tech-Prep programs through fiscal
year 2011.
Title II--General Provisions
Section 201--Redesignation of title
Section 201 amends Title III, section 301 of current law.
Makes conforming amendments consistent with the movement of the
Tech-Prep education program to Title I, renames Title III to
read ``Title II--General Provisions.''
Section 202--Fiscal requirements
Section 202 mends section 311 of current law (redesignated
as section 211 by the bill). Updates language by replacing
``vocational'' with ``career'' where it appears. Changes the
maintenance of effort requirement for States from meeting or
exceeding the previous year's per student or aggregate State
expenditure to the aggregate or per student expenditure over
the 3 fiscal years preceding the fiscal year for which the
determination is made. The Secretary is instructed to exclude
capital expenditures, special one-time projects, and the cost
of pilot programs from the calculation. In the event of the
Federal appropriation decreasing, the aggregate expenditures by
the State shall be decreased by the same percentage as the
percentage decrease in the amount available. The term ``fiscal
effort'' is replaced with the term ``average fiscal effort''.
Section 203--Voluntary selection and participation
Section 203 amends section 214 (as redesignated by the
bill) by replacing ``vocational'' with ``career'' where it
appears.
Section 204--Limitation for certain students
Section 204 amends section 215 (as redesignated by the
bill) by replacing ``vocational'' with ``career'' where it
appears.
Section 205--Authorization of Secretary; Participation of private
school personnel
Section 205 amends sections 217 and 218 of current law (as
redesignated by the bill). Updates language by replacing
``vocational'' with ``career'' where it appears. Adds
principals to those receiving career and technical education
training.
Section 206--Student assistance and other Federal programs
Section 206 amends section 225(c) of current law (as
redesignated by the bill) by replacing ``vocational'' with
``career'' where it appears.
Section 207--Table of contents
Section 207 amends section 1(b) of current law by amending
the table of contents to reflect the changes made by S. 2686.
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. 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 program.
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 school programs.
Sec. 132. Distribution of funds for postsecondary career and technical
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.
Part D--Tech-Prep Education
Sec. 141. State allotment and application.
Sec. 142. Tech-prep education.
Sec. 143. Consortium applications.
Sec. 144. Authorization of appropriations.
TITLE II--GENERAL PROVISIONS
Part A--Federal Administrative Provisions
Sec. 211. Fiscal requirements.
Sec. 212. Authority to make payments.
Sec. 213. Construction.
Sec. 214. Voluntary selection and participation.
Sec. 215. Limitation for certain students.
Sec. 216. Federal laws guaranteeing civil rights.
Sec. 217. Participation of private school personnel.
Part B--State Administrative Provisions
Sec. 221. Joint funding.
Sec. 222. Prohibition on use of funds to induce out-of-State relocation
of businesses.
Sec. 223. State administrative costs.
Sec. 224. Limitation on Federal regulations.
Sec. 225. Student assistance and other Federal programs.
* * * * * * *
X. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
[(a) Short Title.--This Act may be cited as the Carl D.
Perkins Vocational and Technical Education Act of 1998.]
(a) Short Title._This Act may be cited as the ``Carl D.
Perkins Career and Technical Education Improvement Act of
2005.''
* * * * * * *
SEC. 2. PURPOSE.
The purpose of this Act is to develop more fully the
academic, [vocational] career, and technical skills of
secondary students and postsecondary students who elect to
enroll in [vocational] career and technical education programs,
by--
(1) building on the efforts of States and localities
to develop challenging academic [standards] and
technical standards, and to assist students in meeting
such standards, including student academic achievement
standards, especially in preparation for high skill,
high wage, or high demand occupations in emerging or
established professions;
(2) promoting the development of services and
activities that integrate challenging academic,
[vocational] career, and technical instruction, and
that link secondary and postsecondary education for
participating [vocational] career and technical
education students;
(3) increasing State and local flexibility in
providing services and activities designed to develop,
implement, and improve [vocational] career and
technical education, including tech-prep education;
[and]
(4) conducting and disseminating national research,
disseminating information on best practices, and
providing professional development and technical
assistance, that will improve [vocational] career and
technical education programs, services, and
activities[.]; and
(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;
(6) supporting partnerships among secondary schools,
postsecondary institutions, baccalaureate degree
granting institutions, area career technical centers,
local workforce investment boards, business and
industry, professional associations, and
intermediaries; and
(7) developing a highly skilled workforce needed to
keep America competitive in the global economy in
conjunction with other Federal education and training
programs, including workforce investment programs, that
provide lifelong learning for the workforce of today
and tomorrow.
* * * * * * *
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--* * *
* * * * * * *
(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
employment statistics and information relating to
national, regional, and local labor market areas, as
provided pursuant to section 118, and career ladder
information, where appropriate.
(3) Area [vocational] career and technical education
school.--The term ``area [vocational] career and
technical education school'' means--
(A) a specialized public secondary school
used exclusively or principally for the
provision of [vocational] 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 [vocational] 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 [vocational] career and
technical education school used exclusively or
principally for the provision of [vocational]
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 both
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 [vocational] career and technical
education in not fewer than five 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) Career guidance and academic counseling.--The
term ``career guidance and academic counseling'' means
providing access to information regarding career
awareness and planning with respect to an individual's
occupational and academic future that shall involve
guidance and counseling with respect to career options,
financial aid, and postsecondary options.]
(4) Articulation agreement.--The term ``articulation
agreement'' means a written commitment--
(A) that is approved annually by the relevant
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) to a program 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.''
(5) Career and technical education.--The term
``career and technical education'' means organized
educational activities that--
(A) offer a sequence of courses (which may
include work-based learning experiences) that--
(i) provides individuals with the
challenging academic and technical
knowledge and skills the individuals
need to prepare for further education
and for careers in emerging and
established professions; and
(ii) may lead to technical skill
proficiency, a credential, a
certificate, or a degree; 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, occupation-specific
skills, and knowledge of all aspects of an
industry, including entrepreneurship, of an
individual.
(6) Career and technical education student.--The term
``career and technical education student'' means a
student who enrolls in a clearly defined sequence of
career and technical education courses (which may
include work-based learning experiences) leading to
attainment of technical skill proficiency, a
credential, a certificate, or a degree.
(7) 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 that
engages 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.
(8) Career guidance and academic counseling.--The
term ``career guidance and academic counseling'' means
providing access to information regarding career
awareness and planning with respect to an individual's
occupational and academic future that shall involve
guidance and counseling with respect to career options,
including baccalaureate degree programs, financial aid,
and postsecondary options.
(9) Career pathway.--The term ``career pathway''
means a coordinated and nonduplicative sequence of
courses (which may include work-based learning
experiences) and associated credits that--
(A) shall identify both secondary and
postsecondary education elements;
(B) shall include challenging academic and
career and technical education content that
adequately prepares students to pursue the
postsecondary education element identified
under subparagraph (A);
(C) may include the opportunity for secondary
students to participate in dual or concurrent
enrollment programs or other ways to acquire
postsecondary credits; and
(D) culminates in technical skill
proficiency, an industry-recognized credential,
a certificate, a degree, or completion of a
recognized apprenticeship program.
[(5)] (10) Charter school.--The term ``charter
school'' has the meaning given the term in section
[5206] 5210 of the Elementary and Secondary Education
Act of 1965.
(11) Community college.--The term ``community
college''--
(A) means an institution of higher education,
as defined in section 101 of the Higher
Education Act of 1965, that provides not less
than a 2-year program that is acceptable for
full credit toward a baccalaureate degree; and
(B) includes tribally controlled colleges or
universities.
[(6)] (12) Cooperative education.--The term
``cooperative education means a [method of instruction]
method of education for individuals who, through
written cooperative arrangements between a school and
employers, receive instruction, including required
academic courses and related [vocational] career and
technical education instruction, by alternation of
study in school with a job in any occupational field,
which alternation shall be planned and supervised by
the school and employer so that each contributes to the
education and employability of the individual, any 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 running the
cooperative program.
(13) Core academic subjects.--The term ``core
academic subjects'' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965, except that under this Act such subjects
included in such term shall be only those subjects in a
secondary school context.
[(7)] (14) Displaced homemakers.--The term
``displaced homemaker'' means an individual who--
(A)(i) * * *
* * * * * * *
[(8)] (15) 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.
[(9)] (16) 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 [vocational]
career and technical education or for supervision of
the administration of [vocational] career and technical
education in the State.
[(10)] (17) Eligible institution.--The term
``eligible institution'' means--
(A) [an institution of higher education] 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.;
* * * * * * *
(C) an area [vocational] career and technical
education school providing education at the
postsecondary level;
* * * * * * *
[(11)] (18) Eligible recipient.--The term ``eligible
recipient'' means--
(A) a local educational [agency, an area
vocational] 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
* * * * * * *
[(12)] (19) Governor.--The term ``Governor'' means
the chief executive officer of a State or an outlying
area.
(20) Graduation and career plan.--The term
``graduation and career plan'' means a written plan for
a secondary career and technical education student,
that--
(A) is developed with career guidance and
academic counseling or other professional
staff, and in consultation with parents, not
later than in the first year of secondary
school or upon enrollment in career and
technical education;
(B) is reviewed annually and modified as
needed;
(C) includes relevant information on--
(i) secondary school requirements for
graduating with a diploma;
(ii) postsecondary education
admission requirements; and
(iii) high skill, high wage, or high
demand occupations and nontraditional
fields in emerging and established
professions, and labor market
indicators; and
(D) states the student's secondary school
graduation goals, postsecondary education and
training, or employment goals, and identifies 1
or more career pathways that correspond to the
goals.
[(13)] (21) 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--
* * * * * * *
[(14)] (22) Individual with a disability.--
[(15)] (23) 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.
[(16)] (24) 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.
(25) Local workforce investment board._The term
``local workforce investment board'' means a local
workforce investment board established under section
117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832).
[(17)] (26) Nontraditional [training and employment]
Fields.--The term ``nontraditional [training and
employment] fields'' means occupations or fields of
work, including careers in computer science,
technology, and other 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.
[(18)] (27) Outlying area.--The term ``outlying
area'' means the United States Virgin Islands, Guam,
American Samoa, [the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.] and the Commonwealth of the Northern Mariana
Islands.
[(19)] (28) Postsecondary educational institution.--
The term ``postsecondary educational institution''
means--
* * * * * * *
[(20)] (29) 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.
[(21)] (30) Secondary school.--The term ``secondary
school'' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
[(22)] (31) Secretary.--The term ``Secretary'' means
the Secretary of Education.
(32) Self-Sufficiency.--The term ``self-sufficiency''
means a standard that is adopted, calculated, or
commissioned by a local area or State, and which
adjusts for local factors, in specifying the income
needs of families, by family size, the number and ages
of children in the family, and sub-State geographical
considerations.
[(23)] (33) Special populations.--The term ``special
populations'' means--
* * * * * * *
(C) individuals preparing for nontraditional
[training and employment] fields;
* * * * * * *
(F) [individuals with other barriers to
educational achievement, including] individuals
with limited English proficiency.
[(24)] (34) 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.
[(25)] (35) Support services.--The term ``support
services'' means services related to curriculum
modification, equipment modification, classroom
modification, supportive personnel, [and instructional
aids and devices] instructional aids, and work
supports.
[(26)] Tech-prep program.--The term ``tech-prep
program'' means a program of study that--
[(A) combines a least 2 years of secondary
education (as determined under State law) and 2
years of postsecondary education in a
nonduplicative sequential course of study;
[(B) strengthens the applied academic
component of vocational and technical education
through the integration of academic, and
vocational and technical, instruction;
[(C) provides technical preparation in an
area such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, a health occupation,
business, or applied economics;
[(D) builds student competence in
mathematics, science, and communications
(including through applied academics) in a
coherent sequence of courses; and
[(E) leads to an associate degree or a
certificate in a specific career field, and to
high skill, high wage employment, or further
education.]
(36) Tech-prep program.--The term ``tech-prep
program'' means a program of study that--
(A) combines at a minimum 2 years of
secondary education (as determined under State
law) with a minimum of 2 years of postsecondary
education in a nonduplicative, sequential
course of study;
(B) integrates academic and career and
technical education instruction, and utilizes
work-based and worksite learning 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
appropriate, through applied, contextual, and
integrated instruction, in a coherent sequence
of courses (which may include work-based
learning experiences);
(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, high
wage employment or to further education; and
(G) utilizes career pathways, to the extent
practicable.
[(27)] (37) Tribally controlled college or
university.--The term ``tribally controlled college or
university'' has the meaning given such term in section
2 of the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
[(28)] (38) Tribally controlled postsecondary
[vocational] career and technical institution.--The
term ``tribally controlled postsecondary [vocational]
career and technical institution'' means an institution
of higher education as defined in section 101 of the
Higher Education Act of 1965, except that [paragraph
(2)] subsection (a)(2) of such section shall not be
applicable and the reference to Secretary in [paragraph
(5)(A)] subsection (a)(5) of such section shall be
deemed to refer to the Secretary of the Interior)
that--
* * * * * * *
(F) holds accreditation with or is a
candidate for accreditation by a nationally
recognized accrediting authority for
postsecondary [vocational] career and technical
education; and
[(29) Vocational and technical education.--The term
``vocational and technical education'' means organized
educational activities that--
[(A) offer a sequence of courses that
provides individuals with the academic and
technical knowledge and skills the individuals
need to prepare for further education and for
careers (other than careers requiring a
baccalaureate, master's, or doctoral degree) in
current or emerging employment sectors; 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, of an individual.
[(30) Vocational and technical student
organization.--
[(A) In general.--The term ``vocational and
technical student organization'' means an
organization for individuals enrolled in a
vocational and technical education program that
engages in vocational and technical 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
vocational and technical education at the local
level.]
SEC. 4. TRANSITION PROVISIONS.
The Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition tot he authority of this Act from any authority
under provision of [the Carl D. Perkins Vocational and Applied
Technology Education Act, as such Act was in effect on the day
before the date of enactment of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1998.] 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 2005. Each eligible agency shall be assured
a full fiscal year for transition to plan for and implement the
requirements of 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. [None of
the funds made available under this Act may be used to provide
funding under the School-to-Work Opportunities Act of 1994 (20
U.S.C. 6101 et seq.) or to carry out, through programs funded
under this Act, activities that were funded under the School-
To-Work \1\ Opportunities Act of 1994, unless the programs
funded under this Act serve only those participants eligible to
participate in the programs under this Act.]
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
Act (other than sections 114, 117, and 118, and [title II] part
D of title I) such sums as may be necessary for each of the
fiscal years [1999 through 2003] 2006 through 2011.
[TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES]
TITLE I_CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
(a) Reservations and State Allotment.--
(1) Reservations.--From the sum appropriated under
section 8 for each fiscal year, the Secretary shall
reserve--
(A) * * *
* * * * * * *
(C) in the case of each of the fiscal years
[2001 through 2003,] 2006 through 2011, 0.54
percent to carry out section 503 of Public Law
105-220.
* * * * * * *
[(3) Minimum allotment.--
[(A) In general.--Notwithstanding any other
provision of law and subject to subparagraphs
(B) and (C), and paragraph (4), no State shall
receive for a fiscal year under this subsection
less than \1/2\ of 1 percent of the amount
appropriated under section 8 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 (or in the case
of fiscal year 1999 only, under section 101 of
the Carl D. Perkins Vocational and Applied
Technology Education Act, as such section was
in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and
Applied Technology Education Amendments of
1998).
[(C) Special rule.--
[(i) In general.--Subject to
paragraph (4), 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
(or in the case of fiscal year
1999 only, under section 101 of
the Carl D. Perkins Vocational
and Applied Technology
Education Act, as such section
was in effect on the day before
the date of enactment of the
Carl D. Perkins Vocational and
Applied Technology Education
Amendments of 1998); 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 (or in the case
of fiscal year 1999, only,
under section 101 of the Carl
D. Perkins Vocational and
Applied Technology Education
Act, as such section was in
effect on the day before the
date of enactment of the Carl
D. Perkins Vocational and
Applied Technology Education
Amendments of 1998).
[(4) 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 ate 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.]
(3) Minimum allotment.--Subject to paragraph (4), no
State, other than the United States Virgin Islands,
shall receive for a fiscal year under this subsection
less than \1/2\ of 1 percent of the amount appropriated
under section 8 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.
(4) Hold harmless.--
(A) Fiscal years 2006 through 2008.--
Notwithstanding paragraph (3), no State shall
receive an allotment under this section for
each of the fiscal years 2006 through 2008 that
is less than the allotment the State received
under this part (as this part was in effect on
the day before the date of enactment of the
Carl D. Perkins Career and Technology Education
Improvement Act of 2005) for fiscal year 2005.
(B) Fiscal years 2009 through 2011.--
Notwithstanding paragraph (3), no State shall
receive an allotment under this section for
each of the fiscal years 2009 through 2011 that
is less than 95 percent of the allotment the
State received under this section for the
preceding fiscal year.
(C) Ratable reduction.--If for any fiscal
year the amount appropriated for allotments
under this section is insufficient to satisfy
the requirements of subparagraph (A) or (B),
the payments to all states under such
subparagraph shall be ratably reduced.
* * * * * * *
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); and
[(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
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 nontraditional training
and employment; 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 the local plans;
[(C) monitoring and evaluating program
effectiveness;
[(D) assuring compliance with all applicable
Federal laws; and]
(2) not more than 15 percent or $750,000, whichever
is greater, for--
(A) State leadership activities described in
section 124, of which--
(i) an amount determined by the
eligible agency shall be made available
to serve individuals in State
institutions, such as State
correctional institutions and
institutions that serve individuals
with disabilities; and
(ii) not less than $60,000 shall be
available for services that prepare
individuals for nontraditional fields;
and
(B) administration of the State plan, which
may be used for the costs of--
(i) developing the State plan;
(ii) reviewing the local plans;
(iii) monitoring and evaluating
program effectiveness;
(iv) assuring compliance with all
applicable Federal laws;
(v) providing technical assistance;
and
(vi) 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)] subsection
(a)(2)(B) shall match, from non-Federal sources and on a
dollar-for-dollar basis, the funds received under [subsection
(a)(3)] subsection (a)(2)(B).
[(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 vocational and technical education activities
described in section 135 in--
[(A) rural areas;
[(B) areas with high percentages of
vocational and technical education students;
[(C) areas with high numbers of vocational
and technical students; and
[(D) communities negatively impacted by
changes resulting from the amendments made by
the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998 to the
within State allocation under section 231 of
the Carl D. Perkins Vocational and Applied
Technology Education Act (as such section 231
was in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and
Applied Technology Education Amendments of
1998).
[(2) Special rule.--Each eligible agency awarding a
grant under this subsection shall use the grant funds
to serve at least 2 of the categories described in
subparagraphs (A) through (D) of paragraph (1).]
(c) Reserve.--From amounts made available under subsection
(a)(1) to carry out this subsection, an eligible agency may--
(1) award grants to eligible recipients, or consortia
of eligible recipients, for career and technical
education activities described in section 135 in--
(A) rural areas; or
(B) areas with high percentages or high
numbers of career and technical education
students;
(2) reserve funds, with the approval of participating
eligible recipients, for--
(A) innovative statewide initiatives that
demonstrate benefits for eligible recipients,
which may include--
(i) developing and implementing
technical assessments;
(ii) improving the initial
preparation and professional
development of career and technical
education teachers, faculty,
principals, administrators, and
counselors; and
(iii) establishing, enhancing, and
supporting systems for accountability
data collection or reporting purposes;
or
(B) the development and implementation of
career pathways or career clusters; and
(3) carry out activities described in paragraphs (1)
and (2).
* * * * * * *
SEC. 113. ACCOUNTABILITY.
(a) Purpose.--The purpose of this section is to establish
[a State performance accountability system], and support State
and local performance accountability system comprised of the
activities described in this section, to assess the
effectiveness of the State and its eligible recipients in
achieving statewide progress in [vocational] career and
technical education, and to optimize the return of investment
of Federal funds in [vocational] 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 [paragraph (2)(A)] paragraphs (A)
and (B) of paragraph (2);
(B) any additional indicators of performance
(if any) identified by the eligible agency
under paragraph [(2)(B)] (2)(C);
* * * * * * *
(2) Indicators of performance.--
[(A) Core indicators of performance.--Each
eligible agency shall identify in the State
plan core indicators of performance that
include, at a minimum, measures of each of the
following:
[(i) Student attainment of
challenging State established academic,
and vocational and technical, skill
proficiencies.
[(ii) Student attainment of a
secondary school diploma or its
recognized equivalent, a proficiency
credential in conjunction with a
secondary school diploma, or a
postsecondary degree or credential.
[(iii) Placement in, retention in,
and completion of, postsecondary
education or advanced training,
placement in military service, or
placement or retention in employment.
[(iv) Student, participation in and
completion of vocational and technical
education programs that lead to
nontraditional training and
employment.]
(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 career and technical
education students that include, at a minimum,
measures of each of the following:
(i) Student achievement on technical
assessments and attainment of career
and technical skill proficiencies that
are aligned with nationally recognized
industry standards, if available and
appropriate.
(ii) Student attainment of
challenging academic content standards
and student academic achievement
standards, as adopted by the State
under section 1111(b)(1) of the
Elementary and Secondary Education Act
of 1965 and measured by the academic
assessments described in section
1111(b)(3) of such Act, consistent with
State requirements.
(iii) Student rates of attainment
of--
(I) a secondary school
diploma;
(II) the recognized
equivalent of a secondary
school diploma;
(III) technical skill
proficiency;
(IV) an industry-recognized
credential;
(V) a certificate; and
(VI) a degree.
(iv) Placement in postsecondary
education, military service,
apprenticeship programs, or employment.
(v) Student participation in, and
completion of, career and technical
education programs that lead to
employment or self-employment in
nontraditional fields.
(B) Core indicators and performance for
postsecondary career and technical students.--
Each eligible agency shall identify in the
State plan core indicators of performance for
postsecondary career and technical education
students that include, at a minimum, measures
of each of the following:
(i) Student achievement on technical
assessments and attainment of career
and technical skill proficiencies that
are aligned with nationally recognized
industry standards, if available and
appropriate.
(ii) Student attainment of technical
skill proficiency, an industry-
recognized credential, a certificate,
or a degree, or retention in
postsecondary education, including
transfer to a baccalaureate degree
program.
(iii) Placement in military service,
apprenticeship programs, or employment.
(iv) Student participation in, and
completion of, career and technical
education programs that lead to
employment or self-employment in--
(I) nontraditional fields;
and
(II) high skill, high wage,
high demand occupations or
professions.
(v) Increase in earnings, where
available.
[(B)] (C) Additional indicators of performance.--An
eligible agency, with input from eligible recipients,
may identify in the State plan additional indicators of
performance for [vocational] career and technical
education activities authorized under [the title] this
title, such as attainment of self-sufficiency.
[(C)] (D) Existing indicators.--If a State
previously has developed State career and
technical education performance measures that
meet the requirements of this section, the
State may use such performance measures to
measure the progress of [vocational] career and
technical education students.
[(D)] (E) State rule.--Indicators of
performance described in [this paragraph]
subparagraphs (A) and (B) shall be established
[solely] by each eligible agency with input
from eligible [recipients] recipients, and
shall meet the requirements of this section.
(F) Alignment of performance indicators._In
the course of identifying core indicators of
performance and additional indicators of
performance, States shall, to the greatest
extent possible, define the indicators so that
substantially similar information gathered for
other State and Federal programs, or any other
purpose, is used to meet the requirements of
this section.
(3) [Levels] State levels of performance.--
(A) State adjusted levels of performance for
core indicators of performance.--
(i) In general.--Each eligible
agency, after taking into account the
local adjusted levels of performance
and 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 [paragraph (2)(A)]
subparagraphs (A) and (B) of paragraph
(2) for [vocational] career and
technical education activities
authorized under this title. The levels
of performance established under this
subparagraph shall, at a minimum--
* * * * * * *
[(II) require the State to
continually make progress
toward improving the
performance of vocational and
technical education students.]
(II) require the eligible
recipients to make continuous
and significant improvement in
career and technical
achievement of career and
technical education students,
including special populations.
* * * * * * *
(v) Agreement on state adjusted
levels of performance for [3rd, 4th,
and 5th] subsequent years.--Prior to
the [third program year] third and
fifth program years 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 [third, fourth, and fifth]
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) * * *
* * * * * * *
(II) the extent to which such
levels of performance promote
continuous and significant
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)(II), the eligible agency may
request that the State adjusted levels
of performance agreed to under clause
(iii) [or (vi)] 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)(B)] (2)(C). Such levels shall be
considered to be the State levels 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 performance,
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,
so as to be objective,
quantifiable, and measurable,
and
(II) require the eligible
recipient to make continuous
and significant improvement in
career and technical
achievement 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 accounts 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,
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 involved promote
continuous and significant
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 factor
described in clause (v)(II), 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) Report.--Each eligible recipient that
receives an allocation under section 131 shall
publicly report, on an annual basis, its
progress in achieving the local adjusted levels
of performance on the core indicators of
performance.
(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) * * *
* * * * * * *
[(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.]
(B) information on the levels of performance achieved
by the State with respect to the additional indicators
of performance, including the levels of performance
disaggregated for postsecondary institutions, by
special populations and gender, and for secondary
institutions, by special populations and by the
categories described in section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965, except
that such disaggregation shall not be required in a
case in which the number of individuals in a category
is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual.
SEC. 114. NATIONAL ACTIVITIES.
(a) Program Performance Information.--
(1) In general.--The Secretary shall collect
performance information about, and report on, the
condition of [vocational] 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
agenacies, with information relevant to improvement in
the quality and effectiveness of [vocational] career
and technical education. The Secretary annually shall
report 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],
including an analysis of performance data that is
disaggregated for postsecondary institutions, by
special populations, and for secondary institutions, by
special populations and by the categories described in
section 1111(h)(1)(C)(i) of the Elementary and
Secondary Education Act of 1965, except that such
disaggregation shall not be required in a case in which
the number of individuals in a category is insufficient
to yield statistically reliable information or the
results would reveal personally identifiable
information about an individual.
(2) * * *
(3) Assessments.--As a regular part of its
assessments, the National Center for Education
Statistics shall collect and report information on
[vocational] career and technical education for a
nationally representative sample of students. Such
assessment may include international comparisons.
(b) * * *
* * * * * * *
(c) Research, Development, Dissemination, Evaluation and
Assessment.--
(1) Single plan.--
(A) 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 [vocational] career and
technical education programs under this Act.
The Secretary shall develop a single plan for
such activities.
(B) Plan.--Such plan shall--
(i) identify the [vocational] career
and technical education activities
described in subparagraph (A) the
Secretary will carry out under this
section;
(ii) describe how the Secretary will
evaluate such [vocational] career and
technical education activities in
accordance with paragraph (3); and
(iii) include such other information
as the Secretary determines to be
appropriate.
[(2) Independent advisory panel.--The Secretary shall
appoint an independent advisory panel, consisting of
vocational and technical education administrators,
educators, researchers, and representatives of labor
organizations, businesses, parents, guidance and
counseling professionals, and other relevant groups, to
advise the Secretary on the implementation of the
assessment described in paragraph (3), including the
issues to be addressed, the methodology of the studies
involved, and the findings and recommendations
resulting from the assessment. The panel shall submit
to the Committee on Education and the Workforce of the
House of Representatives, the Committee on Labor and
Human Resources of the Senate, and the Secretary an
independent analysis of the findings and
recommendations resulting from the assessment described
in paragraph (3). The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the panel established
under this subsection.]
(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, principals,
administrators, and chief executives
(including State directors of career
and technical education), 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 State workforce
investment boards established under
section 111 of the Workforce Investment
Act of 1998 (29 U.S.C. 2821) or local
workforce investment boards;
(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 and to the
relevant committees of Congress an independent
analysis of the findings and recommendations
resulting from the assessment described in
paragraph (3).
(D) FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the panel
established under this paragraph.
(3) Evaluation and assessment.--
[(A) In general.--From amounts made available
under paragraph (8), the Secretary shall
provide for the conduct of an independent
evaluation and assessment of vocational and
technical education programs under this Act
through studies and analyses conducted
independently through grants, contracts, and
cooperative agreements that are awarded on a
competitive basis.]
(A) In general.--From amounts made available
under subsection (d), 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 2005, 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 descriptions and
evaluations of--
(i) the extent to which State, local,
and tribal entities have developed,
implemented, or improved State and
local [vocational] career and technical
education programs and the effect of
programs assisted under this Act on
that development, implementation, or
improvement, including the capacity of
State, tribal, and local [vocational]
career and technical education systems
to achieve the purpose of this Act;
(ii) the extent to which expenditures
at the Federal, State, tribal, and
local levels address program
improvement in [vocational] career and
technical education, including the
impact of Federal allocation
requirements (such as within-State
allocation formulas) on the delivery of
services;
[(iii) the preparation and
qualifications of teachers of
vocational and technical, and academic,
curricula in vocational and technical
education programs, as well as
shortages of such teachers;]
(iii) the preparation and
qualifications of teachers and faculty
of career and technical education, as
well as shortages of such teachers and
faculty;
(iv) participation of students in
[vocational] career and technical
education programs;
[(v) academic and employment outcomes
of vocational and technical education,
including analyses of--
[(I) the number of vocational
and technical education
students and techprep students
who meet State ajusted levels
of performance;
[(II) the extent and success
of integration of academic, and
vocational and technical,
education for students
participating in vocational and
technical education programs;
and
[(III) the extent to which
vocational and technical
education programs prepare
students for subsequent
employment in high-wage, high-
skill careers or participation
in postsecondary education;]
(v) academic and career and technical
education achievement and employment
outcomes of career and technical
education students, including analyses
of--
(I) the number of career and
technical education students
and tech-prep students who meet
the State adjusted levels of
performance established under
section 113;
(II) the extent and success
of integration of challenging
academic and career and
technical education for
students participating in
career and technical education
programs;
(III) the extent to which
career and technical education
programs prepare students,
including special populations,
for subsequent employment in
high skill, high wage
occupations, or participation
in postsecondary education; and
(IV) the number of career and
technical education students
receiving a high school
diploma;
(vi) employer involvement in, and
satisfaction with, [vocational] career
and technical education programs, and
career and technical education
students' preparation for employment;
(vii) the use and impact of
educational technology and distance
learning with respect to [vocational]
career and technical education and
tech-prep programs; and
(viii) the effect of State and local
adjusted levels of performance and
State and local levels of performance
on the delivery of vocational and
technical education services.
(C) Reports.--
(i) In general.--The Secretary shall
submit to the [Committee on Education
and the Workforce of the House of
Representatives and the Committee on
Labor and Human Resources of the
Senate] relevant committees of
Congress--
(I) an interim report
regarding the assessment on or
before January 1, [2002] 2009;
and
(II) a final report,
summarizing all studies and
analyses that relate to the
assessment and that are
completed after the assessment,
on or before July 1, [2002]
2009.
(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 [Committee on
Education and the Workforce of the
House of Representatives, the Committee
on Labor and Human Resources of the
Senate] relevant committees of
Congress, and the Secretary, but the
President, the Secretary, and the
independent advisory panel established
under paragraph (2) may make such
additional recommendations to Congress
with respect to the assessment as the
President, the Secretary, or the panel
determine to be appropriate.
(4) Collection of state information and report.--
(A) In general.--* * *
(B) Report.--The Secretary shall gather any
information collected pursuant to subparagraph
(A) and submit a report to the [Committee on
Education and the workforce of the House of
Representatives and the Committee on Labor and
Human Resources of the Senate] relevant
committees of Congress.
(5) Research.--
(A) In general.--The Secretary, after
consulting with the States, shall award grants,
contracts, or cooperative agreements 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 or
centers] higher education offering
comprehensive graduate programs in career and
technical education that shall be the primary
recipient and shall collaborate with 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 research and
evaluation for the purpose of
developing, improving, and identifying
the most successful methods for
successfully addressing the education,
employment, and training needs of
participants, including special
populations, in vocational and
technical education programs, including
research and evaluation in such
activities as--
(I) the integration of
[vocational] career and
technical instruction, and
academic, secondary and
postsecondary instruction;
(II) education technology and
distance learning approaches
and strategies that are
effective with respect to
[vocational] career and
technical education;
(III) State adjusted levels
of performance and State levels
of performance that serve to
improve [vocational] career and
technical education programs
and student achievement; and
(IV) academic knowledge and
[vocational] career and
technical skills required for
employment or participation in
postsecondary education;
(ii) to carry out 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, including
evaluation and scientifically based
research of--
(I) collaboration between
career and technical education
programs and business and
industry;
(II) academic and technical
skills required to respond to
the challenge of a global
economy and rapid technological
changes; and
(III) technical knowledge and
skills required to respond to
needs of a regional or sectoral
workforce, including small
business;
[(ii)] (iii) to carry out research to
increase the effectiveness and improve
the implementation of [vocational]
career and technical education programs
that are integrated with challenging
academic instruction, including
conducting research and development,
and studies, providing longitudinal
information or formative evaluation
with respect to [vocational] career and
technical education programs and
student achievement;
[(iii)] (iv) to carry out research
that can be used to improve teacher
training and learning in the vocational
and technical education classroom,
including--
[(I) effective inservice and
preservice teacher education
that assists vocational and
technical education systems;
and
[(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 vocational and technical
skills, State academic
standards, and related
materials; and]
(iv) to carry out scientifically
based research, where appropriate, that
can be used to improve preparation and
professional development of teachers,
faculty, principals, and administrators
and 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) promoting
technical education
aligned with industry-
based standards and
certifications to meet
regional industry
needs;
(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
education skills, State
academic standards, and related
materials; and
(III) the recruitment and
retention of career and
technical education teachers,
faculty, counselors,
principals, and administrators,
including individuals in groups
underrepresented in the
teaching profession; and
[(iv)] (v) to carry out such other
research as the Secretary determines
appropriate to assist State and local
recipients of funds under this Act.
(B) Report.--The center [or centers]
conducting the activities described in
subparagraph (A) shall annually prepare a
report of key research findings of such center
[or centers] and shall submit copies of the
report to the Secretary, the [Committee on
Education and the Workforce of the House of
Representatives, the Committee on Labor and
Human Resources of the Senate] relevant
committees of Congress, the Library of
Congress, and each eligible agency.
(C) Dissemination.--The center [or centers]
shall conduct dissemination and training
activities based upon the research described in
subparagraph (A).
(D) Independent governing board.--
(i) In general.--An institution of
higher education that desires a grant,
contract, or cooperative agreement
under this paragraph shall identify, in
its application, an independent
governing board for the center
established pursuant to this paragraph.
(ii) Members.--The independent
governing board shall consist of the
following:
(I) Two representatives of
secondary career and technical
education.
(II) Two representatives of
postsecondary career and
technical education.
(III) Two representatives of
eligible agencies.
(IV) Two representatives of
business and industry.
(V) Two representatives of
career and technical teacher
preparation institutions.
(VI) Two nationally
recognized researchers in the
field of career and technical
education.
(iii) Coordination.--The independent
governing board shall ensure that the
research and dissemination activities
carried out by the center are
coordinated with the research
activities carried out by the
Secretary.
(6) Demonstrations and dissemination.--
(A) Demonstration program.--The Secretary is
authorized to carry out demonstration
[vocational] career and technical education
programs, to replicate model [vocational]
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
[vocational] career and technical education
programs assisted under this Act.
(B) Demonstration partnership.--
(i) In general.--* * *
(ii) Program.--Such program may be
carried out directly or through grants,
contracts, cooperative agreements, or
through the national center [or
centers] established under paragraph
(5).
(7) * * *
[(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal year 1999 and
each of the 4 succeeding fiscal years.]
(d) 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 2006 through 2011.
* * * * * * *
SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
(a) Outlying Areas.--From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
(1) * * *
(2) * * *
(b) Remainder.--Subject to the provisions of subsection
(a), 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
[vocational] career and technical education and training in
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, [the Republic of the Marshall Islands, the Federated
States of Micronesia,] and the Republic of Palau, for the
purpose of providing direct [vocational] career and technical
educational services, including--
(1) teacher and counselor [training and retraining;]
preparation;
(2) professional development for teachers, faculty,
principals, and administrators;
[(2)] (3) curriculum development; and
[(3)] (4) the improvement of [vocational] career and
technical education and training programs in secondary
schools and institutions of higher education, or
improving cooperative education programs involving both
secondary schools and institutions of higher education.
(c) * * *
(d) Restriction.--Notwithstanding any other provision of
law, [the Republic of the Marshall Islands, the Federated
States of Micronesia, and] the Republic of Palau shall not
receive any funds under this title for any fiscal year that
begins after September 30, [2001] 2007.
* * * * * * *
SEC. 116. NATIVE AMERICAN PROGRAM.
(a) Definitions.--In this section:
(1) Alaska native.--* * *
* * * * * * *
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term
in section 7207 of the Native Hawaiian Education Act.
(b) Program Authorized.--
(1) Authority.--From funds reserved under section
111(a)(1)(B)(i), the Secretary shall make grants to and
enter into contracts with Indian tribes, tribal
organizations, and Alaska Native entities to carry out
the authorized programs described in subsection [(d)]
(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 [(other
than in subsection (i) \2\)] 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, 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 [vocational]
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 [vocational]
career and technical education programs, services, and
technical activities administered either 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.
* * * * * * *
(c) Authorized Activities.--
(1) Authorized programs.--Funds made available under
this section shall be used to carry out [vocational]
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 [vocational] career and
technical education programs and who have acute
economic needs which cannot be met through
work-study programs.
* * * * * * *
(d) Grant or Contract Application.--In order to receive a
grant or contract under this [section an] 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 [paragraph] section shall ensure that
the grants and contracts will improve [vocational] career and
technical education programs, and shall give special
consideration to--
(1) * * *
(2) applications from tribally controlled colleges or
universities that--
(A) are accredited or are candidates for
accreditation by a national recognized
accreditation organization as an institution of
postsecondary [vocational] career and technical
education; or
(B) operate [vocational] career and technical
education programs that are accredited or are
candidates for accreditation by a nationally
recognized accreditation organization and issue
certifications for completion of [vocational]
career and technical education programs.
* * * * * * *
(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 organizations primarily
serving and representing Native Hawaiians [which are recognized
by the Governor of the State of Hawaii] 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 VOCATIONAL AND TECHNICAL
INSTITUTIONS.]
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 [vocational]
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) Use of Grants.--Amounts made available pursuant to this
section shall be used for institutional support of [vocational]
career and technical education programs.
(c) Amount of Grants.--
(1) In general.--* * *
(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 [vocational] 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.
(d) Applications.--Any tribally controlled postsecondary
[vocational] 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 reach
program year to each tribally controlled postsecondary
[vocational] career and technical institution having an
application approved by the Secretary, an amount
necessary to pay expenses associated with--
(A) * * *
* * * * * * *
(D) institutional support of [vocational]
career and technical education.
* * * * * * *
(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 [vocational] career and technical
institution from receiving Federal financial assistance
under any program authorized under the Higher Education
Act of 1965, or any other applicable program for the
benefit of institutions of higher education or
[vocational] career and technical education.
(2) Prohibition on alteration of grant amount.--The
amount of any grant for which tribally controlled
postsecondary [vocational] 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'')
(42 Stat. 208, chapter 115; 25 U.S.C. 13).
(3) Prohibition on contract denial.--No tribally
controlled postsecondary [vocational] 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, 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) Needs Estimate and Report on Facilities and Facilities
Improvement.--
(1) Needs estimate.--[The Secretary] On an annual
basis, the Secretary shall, based on the most accurate
data available from the institutions and Indian tribes
whose Indian students are served under this section,
and in consideration of employment needs, economic
development needs, population training needs, and
facilities needs, prepare an actual budget needs
estimate for each institution eligible under this
section for each subsequent program year, and submit
such budget needs estimate to Congress in such a manner
as will enable the appropriate committees of Congress
to consider such needs data for purposes of the
uninterrupted flow of adequate appropriations to such
institutions. Such data shall take into account the
purposes and requirements of part A of title IV of the
Social Security Act.
(2) Study of training and housing needs.--
(A) In general.--* * *
* * * * * * *
(B) Report.--The Secretary shall report to
Congress not later than July 1, [2000] 2007, on
the results of the study required by
subparagraph (A).
* * * * * * *
(3) Long-term study of facilities.--
(A) In general.--* * *
* * * * * * *
(C) Submission.--The Secretary shall submit
to Congress a detailed report on the results of
such study not later than the end of the 18-
month period [beginning on the date of
enactment of this Act.] beginning on the date
of enactment of the Carl D. Perkins Career and
Technical Education Improvement Act of 2005.
(h) Appeals.--
(1) In general.--Subject to paragraph (2), the
Secretary shall provide a tribally controlled
postsecondary career and technical institution with a
hearing on the record before an administrative law
judge with respect to the following determinations:
(A) A determination that such institution is
not eligible for a grant under this section.
(B) A determination regarding the calculation
of the amount of a grant awarded under this
section.
(2) Procedure for appeal.--To appeal a determination
described in paragraph (1), a tribally controlled
postsecondary career and technical institution shall--
(A) in the case of an appeal based on a
determination that such institution is not
eligible for a grant under this section, file a
notice of appeal with the Secretary not later
than 30 days after receipt of such
determination; and
(B) in the case of an appeal based on a
determination regarding the calculation of the
amount of a grant awarded under this section--
(i) file a notice of appeal with the
Secretary not later than 30 days after
receipt of the Secretary's notification
of the grant amount; and
(ii) identify the amount of funding
that gives rise to such appeal.
(3) Withholding of amount.--If a tribally controlled
postsecondary career and technical institution appeals
a determination described in paragraph (1), the
Secretary shall withhold the amount in dispute from the
award of grant funds under this section until such time
as the administrative law judge has issued a written
decision on the appeal.
* * * * * * *
(i) Restricted Indirect Cost.--Notwithstanding any other
provisions of law, the Secretary shall not request the use of a
restricted indirect cost rate for grants awarded under this
section.
[(h)] (j) Definitions.--In this section:
(1) Indian.-- * * *
(2) Indian student count.--The term ``Indian student
count'' means a number equal to the total number of
Indian students enrolled in each tribally controlled
postsecondary [vocational] career and technical
institution, determined as follows:
(A) Registrations.-- * * *
* * * * * * *
(D) Determination of hours.--Indian students
earning credits in any continuing education
program of a tribally controlled postsecondary
[vocational] career and technical institution
shall be included in determining the sum of all
credit or clock hours.
* * * * * * *
[(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $4,000,000 for
fiscal year 1999 and such sums as may be necessary for each of
the 4 succeeding fiscal years.]
(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2006 and such sums as may be necessary for each of
the 5 succeeding fiscal years.
* * * * * * *
SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
(a) National Activities.--From funds appropriated under
subsection [(f)] (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 [(b)] (c)
to enable the State entities to carry out the
activities described in subsection [(b)] (c);
(B) to disseminate information that promotes
the replication of high quality practices
described in subsection [(b)] (c);
(C) to develop and disseminate products and
services related to the activities described in
subsection [(b)] (c); and
(2) to award grants to States that designate State
entities in accordance with subsection [(b)] (c) to
enable the State entities to carry out the State level
activities described in subsection [(b)] (c).
(b) State Application.--
(1) In general.--Each State desiring assistance 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) a description of how the State entity
designated in subsection (c) will provide
information based on labor market trends to
inform program development; and
(B) information about the 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.
[(b)] (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 a career guidance and
academic counseling program designed to promote
improved career and education decisionmaking by
[individuals (especially in areas of career information
delivery and use);] students and parents, including
postsecondary education and training, including
academic and technical preparation for high skill, high
wage, or high demand occupations and nontraditional
fields in emerging or established professions;
(2) to make available to students, parents, teachers,
administrators, and 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 equip teachers, administrators, and
counselors with the knowledge and skills needed to
assist students and parents with career exploration,
educational opportunities, and education financing.\1\]
(3) to equip teachers, faculty, administrators, and
counselors with the knowledge, skills, and occupational
information needed to assist parents and all students,
especially special populations underrepresented in
certain careers, with career exploration, educational
opportunities, education financing, and exposure to
high skill, high wage, or high demand occupations and
nontraditional 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;] such entities, with an emphasis
on high skill, high wage, or high demand occupations in
emerging or established professions;
(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; [and]
(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 information, if available, for each
occupation, on--
(A) the average earnings of an individual in
the occupation at entry level and after 5 years
of employment;
(B) the expected lifetime earnings; and
(C) the expected future demand for the
occupation, based on employment projections.
[(c)] (d) Nonduplication.--
(1) Wagner-peyser act.--The State entity designated
under subsection [(b)] (c) may use funds provided under
subsection [(b)] (c) to supplement activities under
section 15 of the Wagner-Peyser Act to the extent such
activities do not duplicate activities assisted under
such section.
* * * * * * *
[(d)] (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
[(b)] (c); and
* * * * * * *
[(e)] (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) [an identification] a description of activities
assisted under this section during the prior program
year;
* * * * * * *
[(f)] (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 [1999
through 2003] 2006 through 2011.
* * * * * * *
PART B--STATE PROVISIONS
SEC. 121. STATE ADMINISTRATION.
[(a) \1\ Eligible Agency Responsibilities.--
(1) In general.--The responsibilities]
(a) Eligible Agency Responsibilities._The responsibilities
of an eligible agency under this title shall include--
[(A)] (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
nontraditional [training and employment] fields;
[(B)] (2) consultation with the Governor and
appropriate agencies, groups, and individuals including
parents, students, teachers, teacher and faculty
preparation programs, representatives of all types and
sizes of 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;
[(C)] (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 four times annually; and
[(D)] (4) the adoption of such procedures as the
eligible agency considers necessary to--
[(i)] (A) implement State level coordination
with the activities undertaken by the State
boards under section 111 of Public Law 105-220;
and
[(ii)] (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, and adult
programs assisted under this title.
[(2)] (b) Exception.--Except with respect to the
responsibilities set forth in [paragraph (1)]
subsection (a), the eligible agency may delegate any of
the other responsibilities of the eligible agency that
involve the administration, operation, supervision of
activities assisted under this title, in whole or in
part, to one 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
[5] 6-year period, together with such annual revisions
as the eligible agency determines to be necessary.
Each eligible agency may submit a transition plan
during the first full year of implementation of this
Act after the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of 2005.
The transition plan shall fulfill the eligible agency's
State plan submission obligation under this section.
(2) Revisions.--Each eligible agency--
(A) * * *
(B) shall, after the second year of the [5
year State plan] 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.
* * * * * * *
(b) Plan Development.--
[(1) In general.--The eligible agency shall develop
the State plan in consultation with teachers, eligible
recipients, parents, students, interested community
members, representatives of special populations,
representatives of business and industry, and
representatives of labor organizations in the State,
and shall consult the Governor of the State with
respect to such development.]
(1) In general.--The eligible agency shall develop
the State plan in consultation with academic and career
and technical education teachers, faculty, principals,
and administrators, career guidance and academic
counselors, eligible recipients, parents, students, the
State tech-prep coordinator and representatives of
tech-prep consortia (if applicable), the lead State
agency officials with responsibility for the programs
and activities that are described in section 121(b) of
the Workforce Investment Act of 1998 (29 U.S.C.
2841(b)) and carried out by one-stop partners, the
State workforce investment board, interested community
members (including parent and community organizations),
representatives of special populations, representatives
of business and industry (including representatives of
small business and economic development entities), and
representatives of labor organizations in the State,
and shall consult the Governor of the State with
respect to such development.
* * * * * * *
[(c) Plan Contents.--The State plan shall include
information that--
[(1) describes the vocational 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 secondary and postsecondary
vocational 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 quality, state-
of-the-art technology in vocational and
technical education programs;
[(B) the criteria that will be used by the
eligible agency in approving applications by
eligible recipients for funds under this title;
[(C) how such programs will prepare
vocational and technical education students for
opportunities in postsecondary education or
entry into high skill, high wage jobs in
current and emerging occupations; and
[(D) how funds will be used to improve or
develop new vocational and technical education
courses;
[(2) describes how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided;
[(3) describes how the eligible agency will actively
involve parents, teachers, local businesses (including
small- and medium-sized businesses), and labor
organizations in the planning, development,
implementation, and evaluation of such vocational and
technical education programs;
[(4) describes how funds received by the eligible
agency through the allotment made under section 111
will be allocated--
[(A) among secondary school vocational and
technical education, or postsecondary and adult
vocational and technical education, 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;
[(5) describes how the eligible agency will--
[(A) improve the academic and technical
skills of students participating in vocational
and technical education programs, including
strengthening the academic, and vocational and
technical, components of vocational and
technical education programs through the
integration of academics with vocational and
technical education to ensure learning in the
core academic, and vocational and technical,
subjects, and provide students with strong
experience in, and understanding of, all
aspects of an industry; and
[(B) ensure that students who participate in
such vocational and technical education
programs are taught to the same challenging
academic proficiencies as are taught to all
other students;
[(6) describes how the eligible agency will annually
evaluate the effectiveness of such vocational and
technical education programs, and describe, to the
extent practicable, how the eligible agency is
coordinating such programs to ensure nonduplication
with other existing Federal programs;
[(7) describes the eligible agency's program
strategies for special populations;
[(8) describes how individuals who are members of the
special populations--
[(A) will be provided with equal access to
activities assisted under this title;
[(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 careers;
[(9) describe what steps the eligible agency shall
take to involve representatives of eligible recipients
in the development of the State adjusted levels of
performance;
[(10) provides assurances that the eligible agency
will comply with the requirements of this title and the
provisions of the State plan, including the provision
of a financial audit of funds received under this title
which may be included as part of an audit of other
Federal or State programs;
[(11) provides assurances that none of the funds
expended under this title 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 purchasing entity, the employees of the
purchasing entity, or any affiliate of such an
organization;
[(12) describes how the eligible agency will repot
data relating to students participating in vocational
and technical education in order to adequately measure
the progress of the students, including special
populations;
[(13) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
[(14) describes how the eligible agency will provide
local educational agencies, area vocational and
technical education schools, and eligible institutions
in the State with technical assistance;
[(15) describes how vocational and technical
education relates to State and regional occupational
opportunities;
[(16) describes the methods proposed for the joint
planning and coordination of programs carried out under
this title with other Federal education programs;
[(17) describes how funds will be used to promote
preparation for nontraditional training and employment;
[(18) describes how funds will be used to serve
individuals in State correctional institutions;
[(19) describes how funds will be used effectively to
link secondary and postsecondary education;
[(20) describes 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; and
[(21) 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.]
(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) how the eligible agency will support
eligible recipients in developing or
implementing career pathways for career and
technical education content areas that are
designed to meet relevant workforce needs,
including how the eligible agency will--
(i) support eligible recipients in
developing articulation agreements
between secondary and postsecondary
institutions;
(ii) support eligible recipients in
using labor market information to
identify career pathways that prepare
individuals for high skill, high wage,
or high wage, or high demand
occupations;
(iii) make available information
about career pathways offered by
eligible recipients; and
(iv) consult with business and
industry and use industry-recognized
standards and assessments, if
appropriate;
(B) 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 quality technology in
career and technical education programs;
(C) the criteria that will be used by the
eligible agency to approve eligible recipients
for funds under this title, including criteria
to assess the extent to which the local plan
will--
(i) promote higher levels of academic
achievement;
(ii) promote higher levels of
technical skill attainment; and
(iii) identify and address workforce
needs;
(D) how programs at the secondary level will
prepare career and technical education
students, including special populations to
graduate from high school with a diploma;
(E) how such programs will prepare career and
technical education students, including
specialcial populations, both academically and technically, for
opportunities in postsecondary education or entry into high skill, high
wage, or high demand occupations in emerging or established
occupations, and how participating students will be made aware of such
opportunities; and
(F) how funds will be used to improve or
develop new career and technical education
courses in high skill, high wage, or high
demand occupations that are aligned with
business needs and industry standards, as
appropriate--
(i) at the secondary level that are
aligned with 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; and
(ii) at the postsecondary level that
are relevant and challenging;
(2) describes how career and technical education
teachers, faculty, principals, administrators, and
career guidance and academic counselors will be
provided comprehensive initial preparation and
professional development, including through programs
and activities that--
(A) promote the integration of challenging
academic curricula and career and technical
education curricula, including opportunities
for teachers to jointly develop and implement
curriculum and pedagogical strategies with
appropriate academic teachers;
(B) increase the academic and career and
technical education knowledge of career and
technical education teachers and faculty;
(C) are high-quality, sustained, intensive,
focused on instruction, directly related to
industry standards, and includes structured
induction and mentoring components for new
personnel, with an emphasis on identifying and
addressing the needs of local businesses,
including small businesses;
(D) ensure an increasing number of career and
technical education teachers and faculty meet
teacher certification and licensing
requirements reflecting the needs of their
subject area or areas;
(E) equip career and technical education
teachers, faculty, principals, administrators,
and career guidance and academic counselors
with the knowledge and skills needed to work
with and improve instruction for special
populations;
(F) assist in accessing and utilizing data,
including labor market indicators, student
achievement, and assessments;
(G) enhance the leadership capacity of
principals and administrators;
(H) are integrated 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; and
(I) include strategies to expose all career
and technical education students to
comprehensive information regarding career
options that lead to high skill, high wage, or
high demand occupations and nontraditional
fields;
(3) describes efforts to improve--
(A) the recruitment and retention of career
and technical education teachers, faculty,
counselors, principals, and administrators,
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 improve the capacity of
programs and faculty at postsecondary institutions to
effectively prepare career and technical education
personnel, including, as appropriate, through
electronically delivered distance education, and
articulation agreements between 2-year technical
programs and postsecondary education programs;
(5) describes efforts to facilitate the transition of
sub-baccalaureate career and technical education
students into baccalaureate degree programs,
including--
(A) statewide articulation agreements between
sub-baccalaureate career and technical
education programs and baccalaureate degree
programs;
(B) postsecondary dual and concurrent
enrollment programs;
(C) academic and financial aid counseling;
and
(D) other initiatives to encourage the
pursuit of a baccalaureate degree and to
overcome barriers to participation in
baccalaureate degree programs, including
geographic and other barriers affecting rural
students and special populations;
(6) describes how the eligible agency will actively
involve parents, academic and career and technical
education teachers, faculty, principals, and
administrators, career guidance and academic
counselors, local businesses (including small- and
medium-sized businesses and business intermediaries),
State workforce investment boards, local workforce
investment boards, economic development entities, and
labor organizations in the planning, development,
implementation, and evaluation of such career and
technical education programs;
(7) describes how funds received by the eligible
agency through the allotment made under section 111
will be allocated--
(A) among secondary school career and
technical education, or postsecondary and adult
career and technical education, 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 or such allocation;
(8) describes how the eligible agency will--
(A) use funds to improve or develop new
career and technical education courses in high
skill, high wage, or high demand occupations--
(i) at the secondary level that are
aligned with 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; and
(ii) at the post secondary level that
are challenging and aligned with
business needs and industry standards,
as appropriate;
(B) 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 the core academic
subjects and career and technical education
subjection, and provide students with strong
experience in, and understanding of, all
aspects of an industry;
(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; and
(D) encourage secondary school students who
participate in such career and technical
education programs to enroll in challenging
courses in core academic subjects;
(9) 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 promote relevant lifelong learning and
ensure nonduplication with other existing Federal
programs;
(10) 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 title;
(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;
(11) how the eligible agency will collaborate in
developing the State plan with--
(A) the entity within the State with
responsibility for elementary and secondary
education;
(B) the entity within the State with
responsibility for public institutions engaged
in postsecondary education;
(C) State institutions such as State
correctional institutions and institutions that
serve individuals with disabilities; and
(D) all other relevant State agencies with
responsibility for career and technical
education and training investment, and economic
and workforce development;
(12) describes what steps the eligible agency will
take to involve representatives of eligible recipients
in the development of the State adjusted levels of
performance;
(13) provides assurances that the eligible agency
will comply with the requirements of this title and the
provisions of the State plan, including the provision
of a financial audit of funds received under this title
which may be included as part of an audit of other
Federal or State programs;
(14) provides assurances that none of the funds
expended under this title 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 purchasing entity, the employees of the
purchasing entity, or any affiliate of such an
organization;
(15) describes how the eligible agency will measure
and report data relating to students participating in
and completing career and technical education within
specific career clusters in order to adequately measure
the progress of the students, including special
populations, at--
(A) the secondary level, disaggregated by the
categories described in section
1111(h)(1)(C)(i) of the Elementary and
Secondary Education Act of 1965, except that
such disaggregation shall not be required in a
case inwhich the number of individuals in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual; and
(B) the postsecondary level, disaggregated by
special populations, except that such
disaggregation shall not be required in a case
in which the number of individuals in a
category is insufficient to yield statistically
reliable information or the results would
reveal personally identifiable information
about an individual;
(16) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
(17) 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;
(18) describes how career and technical education
relates to State and regional occupational
opportunities;
(19) describes the methods proposed for the joint
planning and coordination of programs carried out under
this title with other Federal education and workforce
investment programs;
(20) describes how funds will be used to promote
preparation for high skill, high wage, or high demand
occupations and nontraditional fields in emerging and
established professions;
(21) describes how funds will be used to serve
individuals in State correctional institutions;
(22) describes 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; and
(23) contains the description and information
specified in sections 112(b)(8) and 121(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)
and 2841(c)) concerning the provision of services only
for postsecondary students and school dropouts.
[(d) Plan Option.--The eligible agency may fulfill the
requirements of subsection (a) by submitting a plan under
section 501 of Public Law 105-220.]
(d) Plan Options.--
(1) Single plan.--The eligible agency may fulfill the
plan or application submission requirements of this
section, section 118(b), and section 141(c) by
submitting a single State plan. In such plan, the
eligible agency may allow eligible recipients to
fulfill the plan or application submission requirements
of section 134 and subsections (a) and (b) of section
143 by submitting a singe 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 the
Workforce Investment Act of 1998 (20 U.S.C. 9271), if
the plan submitted pursuant to the requirement of this
section meets the requirements of this Act.
(e) Plan Approval.--
(1) In general.--* * *
* * * * * * *
(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
[vocational] career and technical education,
postsecondary [vocational] career and technical
education, tech-prep education, and secondary
[vocational] 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
[vocational] 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.
* * * * * * *
[(f) Transition.--This section shall be subject to section
4 for fiscal year 1999 only, with respect to activities under
this section.]
* * * * * * *
[SEC. 123. IMPROVEMENT PLANS.
[(a) State Program Improvement Plan.--If a State fails to
meet the State adjusted levels of performance described in the
report submitted under section 113(c), the eligible agency
shall develop and implement a program improvement plan in
consultation with appropriate agencies, individuals, and
organizations for the first program year succeeding the program
year in which the eligible agency failed to meet the State
adjusted levels of performance, in order to avoid a sanction
under subsection (d).
[(b) Local Evaluation.--Each eligible agency shall evaluate
annually, using the State adjusted levels of performance, the
vocational and technical education activities of each eligible
recipient receiving funds under this title.
[(c) Local Improvement Plan.--
[(1) In general.--If, after reviewing the evaluation,
the eligible agency determines that an eligible
recipient is not making substantial progress in
achieving the State adjusted levels of performance, the
eligible agency shall--
[(A) conduct an assessment of the educational
needs that the eligible recipient shall address
to overcome local performance deficiencies;
[(B) enter into an improvement plan based on
the results of the assessment, which plan shall
include instructional and other programmatic
innovations of demonstrated effectiveness, and
where necessary, strategies for appropriate
staffing and staff development; and
[(C) conduct regular evaluations of the
progress being made toward reaching the State
adjusted levels of performance.
[(2) Consultation.--The eligible agency shall conduct
the activities described in paragraph (1) in
consultation with teachers, parents, other school
staff, appropriate agencies, and other appropriate
individuals and organizations.
[(d) Sanctions.--
[(1) 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 purpose of this Act, based on
the State adjusted levels of performance, the Secretary
shall work with the eligible agency to implement
improvement activities consistent with the requirements
of this Act.
[(2) Failure.--If an eligible agency fails to meet
the State adjusted levels of performance, has not
implemented an improvement plan as described in
paragraph (1), has shown no improvement within 1 year
after implementing an improvement plan as described in
paragraph (1), or has failed to meet the State adjusted
levels of performance for 2 or more consecutive years,
the Secretary may, after notice and opportunity for a
hearing, withhold from the eligible agency all, or a
portion of, the eligible agency's allotment under this
title. The Secretary may waive the sanction under this
paragraph due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(3) Funds resulting from reduced allotments.--
[(A) In general.--The Secretary shall use
funds withheld under paragraph (2), for a State
served by an eligible agency, to provide
(through alternative arrangements) services and
activities within the State to meet the purpose
of this Act.
[(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under
paragraph (2), then the amount of funds
retained by the Secretary as a result of a
reduction in an allotment made under paragraph
(2) shall be redistributed to other eligible
agencies in accordance with section 111.]
SEC. 123. IMPROVEMENT PLANS.
(a) State Program Improvement Plan.--
(1) Plan.--If a State fails to meet the State
adjusted levels of performance described in the report
submitted under section 113(c), the eligible agency
shall develop and implement a program improvement plan
in consultation with appropriate agencies, individuals,
and organizations for the first program year succeeding
the program year in which the eligible agency failed to
meet the State adjusted levels of performance, in order
to avoid a sanction under paragraph (3).
(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 purpose of this Act, based on
the State's adjusted levels of performance, the
Secretary shall work with the eligible agency to
implement improvement activities consistent with the
requirements of this Act.
(3) Failure.--
(A) In general.--If an eligible agency fails
to meet the State adjusted levels of
performance, has not implemented an improvement
plan as described in paragraph (1), has shown
no improvement within 1 year after implementing
an improvement plan as described in paragraph
(1), or has failed to meet more than 1 of the
State adjusted levels of performance for the
same performance indicator for 2 or more
consecutive years, the Secretary may, after
notice and opportunity for a hearing, withhold
from the eligible agency all, or a portion of,
the eligible agency's allotment under this
title.
(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.--
(A) In general.--The Secretary shall use
funds withheld under paragraph (3) for a State
served by an eligible agency, to provide
(through alternative arrangements) services and
activities within the State to meet the
purposes of this Act.
(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under
paragraph (3), then the amount of funds
retained by the Secretary as a result of a
reduction in an allotment made under paragraph
(3) shall be redistributed to other eligible
agencies in accordance with section 111.
(b) Local Program Improvement.--
(1) Local evaluation.--Each eligible agency shall
evaluate annually, using the local adjusted levelsof
performance described in section 113(b((4), the career and technical
education activities of each eligible recipient receiving funds under
this title.
(2) Plan.--
(A) In general.--If, after reviewing the
evaluation, the eligible agency determines that
an eligible recipient is not making substantial
progress in achieving the local adjusted levels
of performance, the eligible agency shall--
(i) conduct an assessment of the
educational needs that the eligible
recipient shall address to overcome
local performance deficiencies,
including the performance of special
populations;
(ii) enter into an improvement plan
with an eligible recipient based on the
results of the assessment, for the
first program year succeeding the
program year in which the eligible
recipient failed to meet the local
adjusted levels of performance, which
plan shall demonstrate how the local
performance deficiencies will be
corrected and include instructional and
other programmatic innovations of
demonstrated effectiveness, and, where
necessary, strategies for appropriate
staffing and professional development;
and
(iii) conduct regular evaluations of
the progress being made toward reaching
the local adjusted levels of
performance, as described in section
113(b)(4), and progress on implementing
the improvement plan.
(B) Consultation.--The eligible agency shall
conduct the activities described in
subparagraph (A) in consultation with teachers,
principals, administrators, faculty, parents,
other school staff, appropriate agencies, and
other appropriate individuals and
organizations.
(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 purpose of this Act, based on
the local adjusted levels of performance, the eligible
agency shall provide technical assistance to the
eligible recipient to assist the eligible recipient in
carrying out the improvement activities consistent with
the requirements of this Act. An eligible recipient, in
collaboration with the eligible agency, may request
that the Secretary provide additional technical
assistance.
(4) Failure.--
(A) In general.--If an eligible recipient
fails to meet the local adjusted levels of
performance as described in section 113(b)(4)
and has not implemented an improvement plan as
described in paragraph (2), has shown no
improvement within 1 year after implementing an
improvement plan as described in paragraph (2),
or has failed to meet more than 1 of the local
adjusted levels of performance for the same
performance indicator for 2 or more consecutive
years, 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.
(B) Waiver for exceptional circumstances.--
The eligible agency may waive the sanction
under this paragraph due to exceptional or
uncontrollable circumstances such as
organizational structure, or a natural disaster
or a precipitous and unforeseen decline in
financial resources of the eligible recipient.
(5) Funds resulting from reduced allotments.--The
eligible agency shall use funds withheld under
paragraph (4) to provide (through alternative
arrangements) services and activities to students
within the area served by such recipient to meet the
purpose of this Act.
* * * * * * *
SEC. 124. STATE LEADERSHIP ACTIVITIES.
(a) General Authority.--From amounts reserved under section
[112(a)(2)] 112(a)(2)(A), 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 [vocational] career and
technical education programs carried out with funds
under this title that includes an assessment of how the
needs of special populations are being met and how such
programs are designed to enable special populations to
meet State adjusted levels of performance and prepare
the special populations for [further learning or for
high skill, high wage careers;] further education,
further training, or for high skill, high wage, or high
demand occupations;
(2) developing, improving, or expanding the use of
technology in [vocational] career and technical
education that may include--
[(A) training of vocational and technical
education personnel to use state-of-the-art
technology, that may include distance learning;
[(B) providing vocational and technical
education students with the academic, and
vocational and technical skills that lead to
entry into the high technology and
telecommunications field; or
[(C) encouraging schools to work with high
technology industries to offer voluntary
internships and mentoring programs;]
(A) training of career and technical
education teachers, faculty, principals, career
guidance and academic counselors, and
administrators to use technology, including
distance learning;
(B) encouraging schools to work with
technology industries to offer voluntary
internships and mentoring programs; or
(C) encouraging lifelong learning, including
through partnerships that may involve
institutions of higher education, organizations
providing career and technical education,
businesses, workforce investment entities, and
communications entities;
[(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for vocational
and technical, academic, guidance, and administrative
personnel, that--
[(A) will provide in-service and pre-service
training in state-of-the-art vocational and
technical education programs and techniques,
effective teaching skills based on research,
and effective practices to improve parental and
community involvement; and
[(B) will help teachers and personnel to
assist students in meeting the State adjusted
levels of performance established under section
113;
[(C) 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 vocational
and technical education students to ensure that
such teachers stay current with the needs,
expectations, and methods of industry; and
[(D) is integrated with the professional
development activities that the State carries
out under title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6001
et seq.) and title II of the Higher Education
Act of 1965;]
(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for career and
technical education teachers, faculty, principals,
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 pre-service
training in career and technical education
programs and techniques, effective teaching
skills based on promising practices and, where
available and appropriate, scientifically based
research, and effective practices to improve
parental and community involvement;
(B) improve student achievement in order to
meet the State adjusted levels of performance
established under section 113;
(C) support education programs for teachers
and faculty 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 personnel--
(i) stay current with the needs,
expectations, and methods of industry;
(ii) can effectively develop
challenging, integrated academic and
career and technical education
curriculum jointly with academic
teachers, to the extent practicable;
and
(iii) develop a higher level of
academic and industry knowledge and
skills in career and technical
education; and
(D) are integrated 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) [support for] supporting [vocational] career and
technical education programs that improve the academic
and [vocational] career and technical skills of
students participating in [vocational] career and
technical education programs by strengthening the
academic and [vocational] career and technical
components of such [vocational] career and technical
education programs through the integration of academics
with [vocational] career and technical education to
ensure learning in the core academic, and [vocational]
career and technical subjects;
(5) providing preparation for [nontraditional
training and employment] nontraditional fields in
emerging and established 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 [vocational] career and technical skills, or
complete career pathways, 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; [and]
(8) support for programs for special populations that
lead to high skill, high [wage careers.] 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) technical assistance for eligible recipients;
[(2) improvement of career guidance and academic
counseling programs that assist students in making
informed academic, and vocational and technical
education decisions;
[(3) establishment of agreements between secondary
and postsecondary vocational and technical education
programs in order to provide postsecondary education
and training opportunities for students participating
in such vocational and technical education programs,
such as tech-prep programs;
[(4) support for cooperative education;
[(5) support for vocational and technical student
organizations, especially with respect to efforts to
increase the participation of students who are members
of special populations;
[(6) support for public charter schools operating
secondary vocational and technical education programs;
[(7) support for vocational and technical education
programs that offer experience in, and understanding
of, all aspects of an industry for which students are
preparing to enter;
[(8) support for family and consumer sciences
programs;
[(9) support for education and business partnerships;
[(10) support to improve or develop new vocational
and technical education courses;
[(11) providing vocational and technical education
programs for adults and school dropouts to complete
their secondary school education; and
[(12) providing assistance to students, who have
participated in services and activities under this
title, in finding an appropriate job and continuing
their education.]
(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 encouraging secondary and
postsecondary students to graduate with a diploma or
degree, and expose students to high skill, high wage
occupations and nontraditional fields in emerging and
established professions;
(2) establishment of agreements, including
articulation agreements, between secondary 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 sub-baccalaureate career and technical
education students into baccalaureate degree programs
including--
(A) statewide articulation agreements between
sub-baccalaureate 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
secondary 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
learning, that prepare individuals academically and
technically for high skill, high wage, or high demand
occupations;
(10) awarding incentive grants to eligible recipients
for exemplary performance in carrying out programs
under this Act, which awards shall be based on local
performance indicators, as described in section 113, in
accordance with previously publicly disclosed
priorities;
(11) 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 title II of the Workforce Investment Act of 1998
(20 U.S.C. 9201 et seq.);
(12) providing assistance to individuals, who have
participated in services and activities under this
title, in finding an appropriate job and continuing
their education or training through collaboration with
the workforce investment system established under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(13) developing valid and reliable assessments of
technical skills that are integrated with industry
certification assessments where available;
(14) developing and enhancing data systems to collect
and analyze data on secondary and postsecondary
academic and employment outcomes;
(15) improving--
(A) the recruitment and retention of career
and technical education teachers, faculty,
principals, 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
(16) adopting, calculating, or commissioning a self-
sufficiency standard.
(d) Restriction on Uses of Funds.--An eligible agency that
receives funds under section [112(a)(2)] 112(a)(2)(A) may not
use any of such funds for administrative costs.
* * * * * * *
PART C--LOCAL PROVISIONS
SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
[(a) Distribution for Fiscal Year 1999.--Except as provided
in section 133 and as otherwise provided in this section, each
eligible agency shall distribute the portion of the funds made
available under section 112(a)(1) to carry out this section for
fiscal year 1999 to local educational agencies within the State
as follows:
[(1) Seventy percent.--From 70 percent of such
portion, each local educational agency shall be
allocated an amount that bears the same relationship to
such 70 percent as the amount such local educational
agency was allocated under section 1124 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333) for the preceding fiscal year bears to the
total amount received under such section by all local
education agencies in the State for such preceding
fiscal year.
[(2) Twenty percent.--From 20 percent of such
portion, each local educational agency shall be
allocated an amount that bears the same relationship to
such 20 percent as the number of students with
disabilities who have individualized education programs
under section 614(d) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)) served
by such local educational agency for the preceding
fiscal year bears to the total number of such students
served by all local educational agencies in the State
for such preceding fiscal year.
[(3) Ten percent.--From 10 percent of such portion,
each local educational agency shall be allocated an
amount that bears the same relationship to such 10
percent as the number of students enrolled in schools
and adults enrolled in training programs under the
jurisdiction of such local educational agency for the
preceding fiscal year bears to the number of students
enrolled in schools and adults enrolled in training
programs under the jurisdiction of all local
educational agencies in the State for such preceding
fiscal year.]
[(b)] (a) [Special Distribution Rules for Succeeding Fiscal
Years] 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 [for fiscal year
2000 and succeeding fiscal years] to local educational agencies
within the State as follows:
* * * * * * *
[(c)] (b) Waiver for More Equitable Distribution.--The
Secretary may waive the application of [subsection (b)]
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))] 9902(2))) to local educational agencies with
the State than the formula described in subsection (b);
and
(2) includes a proposal for such an alternative
formula.
[(d)] (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) 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 [vocational] 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.
[(e)] (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.
[(f)] (e) Allocations to Area [Vocational] 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 secondary school [vocational] career and
technical education activities under this section to
the appropriate area [vocational] career and technical
education school or educational service agency in any
case in which the area [vocational] 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 [vocational] 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
[vocational] 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
[vocational] 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 [vocational] 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.
[(g)] (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 [vocational]
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
[vocational] 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
paragraph 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 benefiting only one member of the consortium.
[(h)] (g) Data.--The Secretary shall collect information
from eligible agencies regarding the specific dollar
allocations made available by the eligible agency for
[vocational] career and technical education programs under
[subsections (a), (b), (c), and (d)] subsections (a), (b), and
(c) and how these allocations are distributed to local
educational agencies, area [vocational] career and technical
education schools, and educational service agencies, within the
State in accordance with this section.
[(i)] (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 VOCATIONAL AND
TECHNICAL EDUCATION PROGRAMS.]
SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND TECHNICAL
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 for career
and technical education programs leading to a technical
skill proficiency, an industry-recognized credential, a
certificate, or an associate's degree.
(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 leading to a
technical skill proficiency, an industry-recognized
credential, a certificate, or an associate's degree and
meeting the requirements of suction 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.
* * * * * * *
[SEC. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDUCATION.]
SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
(a) Special Rule for Minimal Allocation.--
(1) General authority.--* * *
* * * * * * *
(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 secondary school [vocational]
career and technical education programs 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
[vocational] career and technical education programs in
accordance with this title; or
(3) to require a charter school, that provides
[vocational] 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 [vocational] career and technical education programs
in the same manner as the eligible agency provides those funds
to other schools. Such [vocational] 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 VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS.]
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 and work force
investment 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
requirements for local plans, except that each local plan
shall--
[(1) describe how the vocational and technical
education programs required under section 135(b) will
be carried out with funds received under this title;
[(2) describe how the vocational and technical
education activities will be carried out with respect
to meeting State adjusted levels of performance
established under section 113;
[(3) describe how the eligible recipient will--
[(A) improve the academic and technical
skills of students participating in vocational
and technical education programs by
strengthening the academic, and vocational and
technical components of such programs through
the integration of academics with vocational
and technical education programs through a
coherent sequence of courses to ensure learning
in the core academic, and vocational and
technical 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 vocational and technical education
programs are taught to the same challenging
academic proficiencies as are taught for all
other students;
[(4) describe how parents, students, teachers,
representatives of business and industry, labor
organizations, representatives of business and
industry, labor organizations, representatives of
special populations, and other interested individuals
are involved in the development, implementation, and
evaluation of vocational 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;
[(5) provide assurances that the eligible recipient
will provide a vocational and technical education
program that is of such size, scope, and quality to
bring about improvement in the quality of vocational
and technical education programs;
[(6) describe the process that will be used to
independently evaluate and continuously improve the
performance of the eligible recipient;
[(7) describe how the eligible recipient--
[(A) will review vocational 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; and
[(B) will provide programs that are designed
to enable the special populations to meet the
State adjusted levels of performance;
[(8) describe how individuals who are members of the
special populations will not be discriminated against
on the basis of their status as members of the special
populations;
[(9) describe how funds will be used to promote
preparation for nontraditional training and employment;
and
[(10) describe how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided.]
(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 pathways 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 challenging academics with
career and technical education programs through
a coherent sequence of courses to ensure
learning in the core academic subjects, and
career and technical education subjects;
(C) provide students with strong experience
in and understanding of all aspects of an
industry; and
(D) ensure that students who participate in
such career and technical education programs
are taught to the same challenging academic
proficiencies as are taught for all other
students;
(4) describe how comprehensive professional
development will be provided that is consistent with
section 122;
(5) describe how parents, students, academic and
career and technical education teachers, faculty,
principals, administrators, career guidance and
academic counselors, representatives of tech-prep
consortia (if applicable), representatives of the local
workforce investment board (if applicable),
representatives of the local economic development
entity (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 pathways;
(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--
(A) will 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; and
(B) will provide programs that are designed
to enable the special populations to meet the
local adjusted levels of performance and
prepare for high skill, high wage, or high
demand occupations, including those 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 nontraditional fields;
(11) describe how career guidance and academic
counseling will be provided to all career and technical
education students, including linkages to the
information and services available through the one-stop
delivery system established under section 121 of the
Workforce Investment Act of 1998 (29 U.S.C. 2841), as
appropriate; and
(12) describe efforts to improve the recruitment and
retention of career and technical education teachers,
faculty, counselors, principals, and administrators,
including individuals in groups underrepresented in the
teaching profession, and 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
[vocational] 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
[vocational] career and technical education programs that--
[(1) strengthen the academic, and vocational and
technical skills of students participating in
vocational and technical education programs by
strengthening the academic, and vocational and
technical components of such programs through the
integration of academic with vocational and technical
education programs through a coherent sequence of
courses to ensure learning in the core academic, and
vocational and technical subjects;
[(2) provide students with strong experience in and
understanding of all aspects of an industry;
[(3) develop, improve, or expand the use of
technology in vocational and technical education, which
may include--
[(A) training of vocational and technical
education personnel to use state-of-the-art
technology, which may include distance
learning;
[(B) providing vocational and technical
education students with the academic, and
vocational and technical skills that lead to
entry into the high technology and
telecommunications field; or
[(C) encouraging schools to work with high
technology industries to offer voluntary
internships and mentoring programs;
[(4) provide professional development programs to
teachers, counselors, and administrators, including--
[(A) inservice and preservice training in
state-of-the-art vocational and technical
education programs and techniques in effective
teaching skills based on research, and in
effective practices in improve parental and
community involvement;
[(B) support of 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 vocational
and technical education students, to ensure
that such teachers and personnel stay current
with all aspects of an industry;
[(C) internship programs that provide
business experience to teachers; and
[(D) programs designed to train teachers
specifically in the use and application of
technology;
[(5) develop and implement evaluations of the
vocational and technical educational programs carried
out with funds under this title, including an
assessment of how the needs of special populations are
being met;
[(6) initiate, improve, expand, and modernize quality
vocational and technical education programs;
[(7) provide services and activities that are of
sufficient size, scope, and quality to be effective;
and
[(8) link secondary vocational and technical
education and postsecondary vocational and technical
education, including implementing tech-prep programs.]
(1) strengthen the academic and career and technical
education 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 course, such as career pathways
described in section 122(c)(1)(A), to ensure learning
in the core academic subjects in career and technical
education subjects;
(2) link secondary career and technical education and
postsecondary career and technical education, including
by--
(A) offering the relevant elements of not
less than 1 career pathway described in section
122(c)(1)(A);
(B) developing and supporting articulation
agreements between secondary and postsecondary
institutions; or
(C) supporting tech-prep programs and
consortia;
(3) provide students with strong experience in and
understanding of all aspects of an industry;
(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, principals, and
administrators to use technology, including
distance learning; or
(B) encouraging schools to collaborate with
technology industries to offer voluntary
internships and mentoring programs;
(5) provide professional development programs that
are consistent with section 122 to secondary and
postsecondary teachers, faculty, principals,
administrators, and career guidance and academic
counselors who are involved in integrated career and
technical education programs, including--
(A) in-service and pre-service training--
(i) in career and technical education
programs and techniques;
(ii) in effective integration of
challenging academic and career and
technical education jointly with
academic teachers, to the extent
practicable;
(iii) in effective teaching skills
based on research that includes
promising practices; and
(iv) in effective practices to
improve parental and community
involvement;
(B) support of education programs that
provide information on all aspects of an
industry;
(C) internship programs that provide relevant
business experiences; and
(D) programs dedicated to the effective use
of instructional technology;
(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 (if enrolled in the program), for high
skill, high wage, or high demand occupations, including
those 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 [vocational] 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 for students participating in vocational and
technical education program;
[(3) to provide work-related experience, such as
internships, cooperative education, school-based
enterprises, entrepreneurship, and job shadowing that
are related to vocational and technical education
programs;
[(4) to provide programs for special populations;
[(5) for local education and business partnerships;
[(6) to assist vocational and technical student
organizations;
[(7) for mentoring and support services;
[(8) for leasing, purchasing, upgrading or adapting
equipment, including instructional aides;
[(9) for teacher preparation programs that assist
individuals who are interested in becoming vocational
and technical education instructors, including
individuals with experience in business and industry;
[(10) for improving or developing new vocational and
technical education courses;
[(11) to provide support for family and consumer
sciences programs;
[(12) to provide vocational and technical education
programs for adults and school dropouts to complete
their secondary school education;
[(13) to provide assistance to students who have
participated in services and activities under this
title in finding an appropriate job and continuing
their education;
[(14) to support nontraditional training and
employment activities; and
[(15) to support other vocational and technical
education activities that are consistent with the
purpose of this Act.]
(2) to provide career guidance and academic
counseling that is based on current labor market
indicators, as provided pursuant to 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;
(3) for partnerships between or among the eligible
recipient and a business (including a small business or
business intermediary), a local workforce investment
board, or a local economic development entity,
including for--
(A) work-related experience 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 at the
secondary and postsecondary levels; 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
instructional equipment, including support for library
resources, such as business journals, publications, and
other related 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 convenient
and accessible for working students, including through
the use of distance education;
(10) to develop initiatives that facilitate the
transition of sub-baccalaureate career and technical
education students into baccalaureate degree programs,
including--
(A) articulation agreements between
subbaccalaureate 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 inform the students of
the opportunities for pursuing a baccalaureate
degree and advise 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) for improving or developing new career and
technical education courses, including entrepreneurship
and development of new career pathways;
(12) to develop and support small, personalized
career-themed learning communities;
(13) to provide support for family and consumer
sciences programs;
(14) to provide career and technical education
programs for adults and school dropouts to complete
their secondary school education or upgrade their
technical skills;
(15) to provide assistance to individuals who have
participated in services and activities under this
title in finding an appropriate job and continuing
their education or training through collaboration with
the workforce investment system established under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(16) to support activities in nontraditional fields,
such as mentoring and outreach; and
(17) to support other career and technical education
activities that are consistent with the purpose of this
Act.
* * * * * * *
[TITLE II--TECH-PREP EDUCATION]
PART D--TECH-PREP EDUCATION
SEC. [203] 141. STATE ALLOTMENT AND APPLICATION.
(a) In General.--For any fiscal year, the Secretary shall
allot the amount made available under [section 206] section 144
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
assistance under this title shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.]
(c) State Application.--Each eligible agency desiring
assistance under this part shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Such application
shall describe how activities under this part will be
coordinated, to the extent practicable, with activities
described in section 122.
* * * * * * *
SEC. [204] 142. TECH-PREP EDUCATION.
(a) Grant Program Authorized.--
(1) In general.--From amounts made available to each
eligible agency under [section 203] section 141, the
eligible agency, in accordance with the provisions of
this [title] Part, shall award grants, on a competitive
basis or on the basis of a formula determined by the
eligible agency, for tech-prep education 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 [vocational] 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 offers--
(I) a 2-year associated degree
program, or a 2-year certificate
program and is qualified as
institutions of higher education
pursuant to section 102 of the Higher
Education Act of 1965, including an
institution receiving assistance under
the Tribally Controlled College or
University Assistance Act of 1978 (25
U.S.C. 1801 et seq.) and a tribally
controlled postsecondary [vocational]
career and technical institution; or
(II) * * *
* * * * * * *
(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) employer or labor organizations[.];
(C) employers, including small businesses, or
business intermediaries; and
(D) labor organizations.
(b) Duration.--Each grant recipient 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 at least 2 years of secondary school
preceding graduation and 2 years or more of higher
education, or an apprenticeship program of at least 2
years following secondary instruction, with a common
core of required proficiency in mathematics, science,
reading, writing, communications, and technologies
designed to lead to an associate's degree or a
postsecondary certificate in a specific career field;]
(2) consist of not less than 2 years of secondary
school with a common core of technical skills and core
academic subjects preceding graduation and 2 years or
more of higher education, or an apprenticeship program
of not less than 2 years following secondary
instruction, designed to lead to technical skill
proficiency, a credential, a certificate, or a degree,
in a specific career field;
(3) include the development of tech-prep programs for
both secondary and postsecondary, including consortium,
participants in the consortium that--
(A) meets academic standards developed by the
State;
(B) links secondary schools and 2-year
postsecondary institutions, and if possible and
practicable, 4-year institutions of higher
education through nonduplicative sequences of
courses in career fields, including through the
use of articulation agreements, and including
the investigation of opportunities for tech-
prep secondary students to enroll concurrently
in secondary and postsecondary coursework;
(C) uses, if appropriate and available, work-
based or worksite learning in conjunction with
business and all aspects of an industry; and
(D) uses education 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 traning for teachers that--
[(A) is designed to train vocational and
technical teachers to effectively implement
tech-prep programs;
[(B) provides for joint training for teachers
in the tech-prep consortium;
[(C) is designed to ensure that teachers and
administrators stay current with the needs,
expectations, and methods of business and all
aspects of an industry;
[(D) focuses on training postsecondary
education faculty in the use of contextual and
applied curricula and instruction; and
[(E) provides training in the use and
application of technology;]
(4) include in-service professional development for
teachers, faculty, principals, 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 fo 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,
including labor market indicators, achievement,
and assessments;
(5) include [training] programs for counselors
designed to enable counselors to more professional
development effectively--
(A) provide information to students regarding
tech-prep education programs;
(B) support student progress in completing
tech-prep programs, which may include through
the use of graduation and career plans;
(C) provide information on related employment
opportunities;
(D) ensure that such students are placed in
appropriate employment; [and]
(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 pre-
apprenticeship programs), to individuals who are
members of special populations, including the
development of tech-prep program services appropriate
to the needs of special populations; [and]
(7) provide for preparatory services that assist
participants in tech-prep programs[.]; and
(8) coordinate with activities conducted under this
title.
(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 and in the
articulation process; [and]
(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.
* * * * * * *
SEC. [205] 143. CONSORTIUM APPLICATIONS.
(a) In General.--Each consortium that desires to receive a
grant under this [title] part 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 [5] 6-year plan for the development and
implementation of tech-prep programs under this [title] part,
which plan shall be reviewed after the second year of the plan.
* * * * * * *
(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 areas or
skills in which there are significant workforce
shortages, including the information technology
industry; and]
(4) provide education and training in areas or
skills, including emerging technology, in which there
are significant workforce shortages based on the data
provided by the 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.
(e) Equitable Distribution of Assistance.--In awarding
grants under this [title] part, the eligible agency shall
ensure an equitable distribution of assistance between urban
and rural consortium participants.
* * * * * * *
SEC. [208] 144. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
part [title (other than section 207)] such sums as may be
necessary for fiscal year [1999 and each of 4] 2006 and each of
the 5 succeeding fiscal years.
* * * * * * *
[TITLE III--GENERAL PROVISIONS]
TITLE II_GENERAL PROVISIONS
[SEC. 201. SHORT TITLE.
[This title may be cited as the ``Tech-Prep Education
Act''.]
[SEC. 202. DEFINITIONS.
[(a) In this title:
[(1) Articulation agreement.--The term ``articulation
agreement'' means a written commitment to a program
designed to provide students with a nonduplicative
sequence of progressive achievement leading to degrees
or certificates in a tech-prep education program.
[(2) Community college.--The term ``community
college''--
[(A) means an institution of higher
education, as defined in section 101 of the
Higher Education Act of 1965, that provides not
less than a 2-year program that is acceptable
for full credit toward a bachelor's degree; and
[(B) includes tribally controlled colleges or
universities.
[(3) Tech-prep program.--The term ``tech-prep
program'' means a program of study that--
[(A) combines at a minimum 2 years of
secondary education (as determined under State
law) with a minimum of 2 years of postsecondary
education in a nonduplicative, sequential
course of study;
[(B) integrates academic, and vocational and
technical, instruction, and utilizes work-based
and worksite learning where appropriate and
available;
[(C) provides technical preparation in a
career field such as engineering technology,
applied science, a mechanical, industrial, or
practical art or trade, agriculture, health
occupations, business, or applied economics;
[(D) builds student competence in
mathematics, science, reading, writing,
communications, economics, and workplace skills
through applied, contextual academics, and
integrated instruction, in a coherent sequence
of courses;
[(E) leads to an associate or a baccalaureate
degree or a postsecondary certificate in a
specific career field; and
[(F) leads to placement in appropriate
employment or to further education.]
[SEC. 206. REPORT.
[Each eligible agency that receives a grant 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. 207. DEMONSTRATION PROGRAM.
[(a) Demonstration Program Authorized.--From funds
appropriated under subsection (e) for a fiscal year, the
Secretary shall award grants to consortia described in section
204(a) to enable the consortia to carry out tech-prep education
programs.
[(b) Program Contents.--Each tech-prep program referred to
in subsection (a)--
[(1) shall--
[(A) involve the location of a secondary
school on the site of a community college:
[(B) involve a business as a member of the
consortium; and
[(C) require the voluntary participation of
secondary school students in the tech-prep
education program; and
[(2) may provide summer internships at a business for
students or teachers.
[(c) Application.--Each consortium desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner and accompanied by such information
as the Secretary may require.
[(d) Applicability.--The provisions of sections 203, 204,
205, and 206 shall not apply to this section, except that--
[(1) the provisions of section 204(a) shall apply for
purposes of describing consortia eligible to receive
assistance under this section;
[(2) each tech-prep education program assisted under
this section shall meet the requirements of paragraphs
(1), (2), (3)(A), (3)(B), (3)(C), (3)(D), (4), (5),
(6), and (7) of section 204(c), except that such
paragraph (3)(B) shall be applied by striking ``, and
if possible and practicable, 4-year institutions of
higher education through nonduplicative sequences of
courses in career fields''; and
[(3) in awarding grants under this section, the
Secretary shall give special consideration to consortia
submitting applications under subsection (c) that meet
the requirements of paragraphs (1), (3), (4), and (5)
of section 205(d), except that such paragraph (1) shall
be applied by striking ``or the transfer of students to
baccalaureate degree programs''.
[(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
fiscal year 1999 and each of the 4 succeeding fiscal years.]
* * * * * * *
PART A--FEDERAL ADMINISTRATIVE PROVISIONS
SEC. [311] 211. FISCAL REQUIREMENTS.
(a) Supplement Not Supplant.--Funds made available under
this Act for [vocational] career and technical education
activities shall supplement, and shall not supplant, non-
Federal funds expended to carry out [vocational] career and
technical education activities and tech-prep activities.
(b) Maintenance of Effort.--
[(1) Determination.--
[(A) In general.--Except as provided in
subparagraph (B) and (C), no payments shall be
made under this Act for any fiscal year to a
State for vocational 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 vocational 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 vocational 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 one-time project
costs, and the cost of pilot programs.
[(C) Decrease in federal support.--If the
amount made available for vocational and
technical education programs under this Act for
a fiscal year is less than the amount made
available for vocational and technical
education programs under this Act for the
preceding fiscal year, than the fiscal effort
per student or the aggregate expenditures of a
State required by subparagraph (B) for such
preceding fiscal year shall be decreased by the
same percentage as the percentage decrease in
the amount so made available.]
(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 activities authorized under title I
unless the Secretary determines that the
average fiscal effort per student or the
aggregate expenditures of such State for career
and technical education programs for the 3
fiscal years 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 3
fiscal years preceding the fiscal year for
which the determination is made.
(B) Computation.--In computing the average
fiscal effort or aggregate expenditures
pursuant to subparagraph (A), the Secretary
shall exclude capital expenditures, special
one-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 average fiscal effort per student or the
aggregate expenditures of a State required by
subparagraph (A) for the 3 preceding fiscal
years 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] average fiscal effort
or aggregate expenditures required under this section
for years subsequent to the year covered by such
waiver. The [fiscal effort] average 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] 212. 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] 213. 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] 214. 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; and
(2) to mandate that any individual participate in a
[vocational] career and technical education program,
including a [vocational] career and technical education
program that requires the attainment of a federally
funded skill level, standard, or certificate of
mastery.
SEC. [315] 215. LIMITATION FOR CERTAIN STUDENTS.
No funds received under this Act may be used to provide
[vocational] 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] 216. 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] 217. AUTHORIZATION OF SECRETARY.
For the purpose of increasing and expanding the use of
technology in vocational and technical education instruction,
including the training of vocational and technical education
personnel as provided in this Act, the Secretary is authorized
to receive and use funds collected by the Federal Government
from fees for the use of property, rights-of-ways, and
easements under the control of Federal departments and agencies
for the placement of telecommunications services that are
dependent, in whole or in part, upon the utilization of general
spectrum rights for the transmission of reception of such
services.]
SEC. [318] [218] 217. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL.
An eligible agency or eligible recipient that uses funds
under this Act for inservice and preservice [vocational] career
and technical education professional development programs for
[vocational] career and technical education teachers,
principals, administrators, and other personnel may, upon
request, permit the participation in such programs of
[vocational] career and technical education teachers,
principals, administrators, and other personnel in nonprofit
private schools offering [vocational] career and technical
education programs located in the geographical area served by
such agency or recipient.
PART B--STATE ADMINISTRATIVE PROVISIONS
SEC. [321] 221. 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) * * *
* * * * * * *
SEC. [322] 222. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE
RELOCATION OF BUSINESSES.
* * * * * * *
SEC. [323] 223. STATE ADMINISTRATIVE COSTS.
(a) General Rule.--* * *
* * * * * * *
SEC. [324] 224. LIMITATION ON FEDERAL REGULATIONS.
* * * * * * *
SEC. [325] 225. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.
(a) Attendance Costs Not Treated as Income or Resources.--*
* *
* * * * * * *
(c) Costs of [Vocational] Career and Technical Educational
Services.--Funds made available under this Act may be used to
pay for the costs of [vocational] career and technical
education services required in an individualized education plan
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 [vocational] career
and technical education.
* * * * * * *
