Short Title

This Act may be cited as the

Vocational and Technical Education for the Future Act

References

Wherever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.)

Purposes and Definitions

(a)

Purposes

Section 2(2) (20 U.S.C. 2301(2)) is amended by inserting rigorous and challenging after integrate. (b)

Definitions

Section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302) is amended— (1)by redesignating paragraphs (4) through (20) as paragraphs (5) through (21) and paragraphs (21) through (30) as paragraphs (23) through (31), respectively; (2)by inserting after paragraph (3) the following:

(4)

Articulation agreement

The term articulation agreement means a written commitment to a program designed to provide students with a nonduplicative sequence of progressive achievements leading to degrees or certificates in a tech-prep education program provided by secondary schools and postsecondary educational institutions linked through credit transfer agreements.

;

(3)in paragraph (5) (as so redesignated), by inserting to students (and parents, as appropriate) after providing access; (4)in paragraph (6) (as so redesignated), by striking section 5206 and inserting section 5210; (5)in paragraph (7) (as so redesignated)— (A)by striking method of instruction and inserting method; and (B)by inserting rigorous and challenging after required; (6)in paragraph (11)(A) (as so redesignated), by striking an and inserting a public or nonprofit private; (7)in paragraph (18) (as so redesignated)— (A)in the paragraph heading, by striking

training and employment

and inserting

fields

; and (B)by striking training and employment and inserting fields; (8)in paragraph (19) (as so redesignated), by striking the Commonwealth of the Northern and all that follows, and inserting and the Commonwealth of the Northern Mariana Islands.; (9)by inserting after paragraph (21) (as so redesignated) the following:

(22)

Scientifically based research

The term scientifically based research has the meaning given that term in section 9101(37) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 780137)).

;

(10)in paragraph (25) (as so redesignated)— (A)in subparagraph (C), by striking training and employment and inserting fields; (B)in subparagraph (E), by striking and; (C)in subparagraph (F)— (i)by striking individuals with other barriers to educational achievement, including; and (ii)by striking the period and inserting ; and; and (D)by inserting after subparagraph (F) the following:

(G)individuals with other barriers to educational achievement, as determined by the State.

(11)in paragraph (28) (as so redesignated), by striking section 2 and inserting section 2(a)(4); (12)in paragraph (29) (as so redesignated)— (A)by inserting of subsection (a) after paragraph (2); and (B)by striking paragraph (5)(A) of such section and inserting paragraph (5)(A) of such subsection; and (13)by amending paragraph (30)(A) (as so redesignated) to read as follows:

(A)offer a sequence of course that— (i)provides individuals with the rigorous and challenging academic and technical knowledge and skills the individuals need to prepare for further education and for careers (other than careers requiring a master’s or doctoral degree) in current or emerging employment sectors; and (ii)provides, at the postsecondary level, for a 1-year certificate, an associate degree, or industry recognized credential; and

Transition provisions

Section 4 (20 U.S.C. 2303) is amended— (1)by striking Applied Technology and inserting Technical; and (2)by striking the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 and inserting the Vocational and Technical Education for the Future Act.

Authorization of Appropriations

Section 8 (20 U.S.C. 2307) is amended by striking , and title II) such sums and all that follows and inserting ) $1,307,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2010..

Prohibitions

The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is amended by adding after section 8 the following new section:

Prohibitions

(a)

Local Control

Nothing in this Act shall be construed to authorize an officer or employee of the Federal government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (b)

No preclusion of other assistance

Any State that declines to submit an application to the Secretary for assistance under this Act shall not be precluded from applying for assistance under any other program administered by the Secretary. (c)

Prohibition on Requiring Federal Approval or Certification of Standards

(1)

In general

Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal government, in order to receive assistance under this Act. (2)

Rule of Construction

Nothing in this subsection shall be construed to affect requirements under section 113.

Allotment and Allocation to States

(a)

Allotment for national activities for 2005

Section 111(a)(C) is amended to read as follows:

(b)

Technical amendments

Section 111(a)(3) (20 U.S.C. 2321(a)(3)) is amended by striking (or in the case of fiscal year 1999 and all that follows through Applied Amendments of 1998) each place it appears. (c)

Within State Allocation

Section 112 (20 U.S.C. 2322) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)by striking 85 percent and inserting 88 percent both places it appears; (ii)by striking 10 percent and inserting 18.3 percent; and (iii)by inserting , except as specified in subsection (d) before the period; and (B)in paragraph (3), by striking 5 percent and inserting 2 percent; (2)in subsection (c)(1), by amending subparagraph (D) to read as follows:

(D)situations in which eligible recipients desire additional funding to carry out effectively the activity described in section 135(b)(3).

; and

(3)by amending paragraph (2) of subsection (c) to read as follows:

(2)

Special rule

Each eligible agency shall distribute grant funds described in paragraph (1) to eligible recipients for activities described in subparagraph (D) of such paragraph in an amount at least equal to the amount allotted to the eligible agency for fiscal year 2004 under section 203 of this Act as such section was in effect on the day before the date of enactment of the Vocational and Technical Education for the Future Act.

Accountability

(a)

Purpose

Section 113(a) (20 U.S.C. 2323(a)) is amended— (1)by striking establish a State and inserting support a State and local; and (2)by inserting and its eligible recipients after effectiveness of the State. (b)

State performance measures

Section 113(b) (20 U.S.C. 2323(b)) is amended— (1)in paragraph (2)— (A)by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (B)in subparagraph (A)— (i)in the subparagraph heading, by inserting

for secondary students

after

performance

; (ii)by inserting of secondary students that are, to the extent practicable, valid and reliable and after indicators of performance; (iii)in clause (i)— (I)by striking State established academic, and inserting academic content and achievement standards, as established by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)),; and (II)by inserting , including secondary school student attainment of postsecondary credits; (iv)in clause (ii)— (I)by striking or its recognized equivalent and inserting or the General Equivalency Diploma (GED) (including recognized alternative standards for individuals with disabilities),; and (II)by striking , or a postsecondary degree or credential; (v)in clause (iii), by striking Placement and inserting Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)), placement; and (vi)by striking clause (iv); (C)by inserting after subparagraph (A) the following:

(B)

Core indicators of performance for postsecondary students

Each eligible agency shall identify in the State plan core indicators of performance of postsecondary students that include, at a minimum, measures of each of the following: (i)Student attainment of challenging academic and vocational and technical skill proficiencies. (ii)Student attainment of 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 in nontraditional fields.

; and

(D)in subparagraph (D) (as so redesignated) by inserting vocational and technical education after has developed State; and (2)in paragraph (3)— (A)by amending the paragraph heading to read as follows:

(3)

State levels of performance

;

(B)in subparagraph (A)(i)— (i)by striking paragraph (2)(A) and inserting paragraphs (2)(A) and (B); and (ii)in subclause (II), by striking to continually and all that follows through performance, and inserting to make continuous and substantial improvement in the academic and vocational and technical achievement; (C)in subparagraph (A)(v)— (i)in the clause heading by striking

and 5th

and inserting

5th, and 6th

; and (ii)by striking and fifth and inserting, fifth, and sixth; (D)in subparagraph (A)(vi)(II), by inserting and substantial after continuous; and (E)in subparagraph (A)(vii), by striking under clause (iii) or (iv) and inserting under clause (iii) or (v). (c)

Local levels of performance

Section 113(b) is further amended by adding at the end the following:

(4)

Local levels of performance

(A)

Local adjusted levels of performance for core indicators of performance

(i)

In general

Each eligible recipient shall establish in the local plan submitted under section 134, levels of performance for each of the core indicators of performance described in paragraphs (2)(A) and (B) for vocational 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 substantial improvement in the academic and vocational and technical achievement of vocational 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 the first 2 years

The eligible agency and each eligible recipient shall reach agreement on the levels of performance for each of the core indicators of performance, for the first 2 program years covered by the local plan, taking into account the levels identified in the local plan under clause (ii) and the factors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted level 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 3rd, 4th, 5th, and 6th years

Prior to the third program year 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 third, fourth, fifth, and sixth 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 such levels of performance promote continuous improvement on the indicators of performance by such eligible recipient. (vi)

Revisions

If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v)(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. Such levels shall be considered to be the local levels of performance for purposes of this title. (C)

Report

Each eligible recipient shall publicly report, on an annual basis, its progress in achieving its levels of performance on the core indicators of performance.

National Activities

(a)

Program performance information

Section 114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by inserting in the aggregate after international comparisons. (b)

Evaluation and assessment

Section 114(c) (20 U.S.C. 2324(c)) is amended— (1)by amending paragraph (2) to read as follows:

(2)

Independent advisory panel

The Secretary shall appoint an independent advisory panel, consisting of academic and vocational and technical education educators, administrators, experts in evaluation, research, and assessment, representatives of labor organizations, businesses, parents, guidance and counseling professionals, and other individuals with relevant expertise, 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 the assessment adheres to the highest standards of quality. The advisory panel shall transmit to the Secretary and to Congress an independent analysis of the findings and recommendations resulting from such assessment. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel established under this subsection.

(2)in paragraph (3)— (A)in subparagraph (B)— (i)by inserting but shall not be limited to after paragraph (1) shall include; (ii)by striking clauses (i), (ii), (iv), (vi) and (vii) and redesignating clauses (iii) and (v) as clauses (i) and (ii), and clause (viii) as clause (iii), respectively; (iii)in clause (i) (as so redesignated), by striking , and academic, curricula in vocational and technical education programs, and inserting education; and (iv)in clause (ii) (as so redesignated)— (I)by striking and employment outcomes and all that follows through including analyses of and inserting and vocational and technical education achievement and employment outcomes of vocational and technical education students, including analyses of; (II)in subclause (I), by striking and tech-prep students; (III)in subclause (II), by inserting rigorous and challenging after integration of; and (IV)in subclause (III), by inserting particularly those in which math and science skills are critical, after high-skill careers; and (C)in subparagraph (C)— (i)by striking Committees on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Congress; (ii)in clause (i), by striking 2002 and inserting 2008 both places it appears; (3)in paragraph (5)(A)— (A)by striking to carry out research each place it appears, and inserting to carry out scientifically based research; (B)in clause (i), by inserting scientifically based after programs, including; (C)in clause (ii), by inserting that are integrated with rigorous and challenging academic education after implementation of vocational and technical education programs; and (D)in clause (iii)(I), by inserting and the integration of those systems with the academic education system after technical education systems; (4)in paragraph (6)— (A)by striking:

(6)

Demonstration and dissemination

(A)

Demonstration Program

The

, and inserting:

(6)

Demonstration Program

The

; and

(B)by striking subparagraph (B); and (5)in paragraph (8), by striking this section and all that follows and inserting subsections (a), (b), and (c) of this section, such sums as may be necessary for each of fiscal years 2005 through 2010. (c)

Incentive grants for eligible agencies

Section 114 is further amended by adding at the end the following new subsection:

(d)

Incentive grants for eligible agencies

(1)

In general

From funds reserved under section 111(a)(1)(C), the Secretary may award grants to eligible agencies for exemplary performance in carrying out programs under this Act. Such awards shall be based on an eligible agency exceeding challenging performance measures established under section 113(b) that reflect sustained or significant improvement. (2)

Special consideration

In awarding these grants, the Secretary may consider— (A)an eligible agency effectively developing connections between secondary education and postsecondary education and training; and (B)an agency’s adoption and integration of rigorous and challenging academic and technical coursework. (3)

Use of funds

The funds awarded to an eligible agency under this subsection may be used to carry out any activities authorized under section 124, including demonstrations of innovative programs.

10.

Outlying Areas, Native American Programs, and Tribally Controlled Institutions

(a)

Assistance for the outlying areas

Section 115 (20 U.S.C. 2325) is amended by striking subsections (b), (c), and (d). (b)

Native American Program

Section 116 (20 U.S.C. 2326) is amended— (1)in subsection (a), by inserting a period at the end of paragraph (5); (2)in subsection (b)— (A)in paragraph (1), by striking subsection (d) and inserting subsection (c); (B)in paragraph (2), by striking (other than in subsection (i)); and (C)by amending paragraph (5) to read as follows:

(5)

Regulations

If the Secretary promulgates any regulations applicable to subsection (b)(2), the Secretary shall confer with, and allow participation by, representatives of Indian tribes, tribal organizations, and individual tribal members.

; and

(3)in subsection (c)(2)(A), by inserting postsecondary after enrolled in. (c)

Needs estimate for tribally controlled institutions

Section 117 (20 U.S.C. 2327) is amended— (1)by striking subsection (g) and redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (2)in subsection (h) (as redesignated)— (A)by striking 1999 and inserting 2005; and (B)by striking 4 succeeding fiscal years and inserting 5 succeeding fiscal years. (d)

Occupational and employment information

Section 118 (20 U.S.C. 2328) is amended— (1)in subsection (b)— (A)in paragraph (1), by striking individuals and all that follows and inserting students (and parents, as appropriate) regarding postsecondary education and training and preparation for high wage, high skill occupations;; (B)in paragraph (2), by inserting academic and vocational and technical after resources that relate; (C)in paragraph (3), (i)by striking knowledge and skills and inserting knowledge, skills, and occupational information; and (ii)by striking the period at the end and inserting a semicolon; and (D)in paragraph (4), by inserting postsecondary after career-related; and (2)in subsection (f), by striking 1999 through 2003 and inserting 2005 through 2010.

11.

State Administration

Section 121 (20 U.S.C. 2341) is amended to read as follows:

121.

State Administration

(a)

Eligible Agency Responsibilities

The responsibilities of an eligible agency under this title shall include— (1)coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this title, including preparation for nontraditional fields; (2)consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, representatives 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; (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 (4)the adoption of such procedures as the eligible agency considers necessary to— (A)implement State level coordination with the activities undertaken by the State boards under section 111 of Public Law 105–220; and (B)make available to the service delivery system under section 121 of Public Law 105–220 within the State a listing of all school dropout, postsecondary, and adult programs assisted under this title. (b)

Exception

Except with respect to the responsibilities set forth in subsection (a), the eligible agency may delegate any of the other responsibilities of the eligible agency that involve the administration, operation, supervision of activities assisted under this title, in whole or in part, to one or more appropriate State agencies.

12.

State Plan

Section 122 (20 U.S.C. 2342) is amended— (1)in subsection (a)— (A)in paragraph (1), by striking 5-year period and inserting 6-year period; (B)in paragraph (2)(B), by striking 5 year State plan and inserting 6-year period; and (C)in paragraph (3), by striking (including employers, labor organizations, and parents) and inserting (including charter school authorizers and organizers, employers, labor organizations, parents, students, and community organizations); (2)in subsection (b)(1), by striking teachers, eligible recipients, parents, students, interested community members and inserting academic and vocational and technical education teachers, eligible recipients, charter school authorizers and organizers, parents, students, interested community members (including parent and community organizations); (3)in subsection (c)— (A)in paragraph (1)— (i)by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively, and inserting before such subparagraphs (as so redesignated) the following:

(A)the development of model sequences of courses for vocational and technical content areas that— (i)incorporate both secondary and postsecondary education elements; (ii)include rigorous and challenging academic content and vocational and technical content in a coordinated, nonduplicative progression of courses; (iii)lead to a postsecondary 1-year certificate, associate’s or baccalaureate degree, or a proficiency credential in conjunction with a secondary school diploma; and (iv)may be adopted by local educational agencies and postsecondary institutions to be offered as an option to students (and their parents as appropriate), when choosing future coursework.

;

(ii)in subparagraph (B) (as so redesignated), by inserting and how the eligible agency will distribute information identifying eligible recipients that offer elements of the model sequences of courses before the semicolon; (iii)by amending subparagraph (C) (as so redesignated) to read as follows:

(C)the criteria that will be used by the eligible agency to evaluate and approve eligible recipients for funds under this title, including criteria to assess the extent to which the local plan will promote— (i)levels of high academic achievement; and (ii)levels of high technical skill attainment;

;

(iv)in subparagraph (D) (as so redesignated)— (I)by inserting , both academically and technically, after students; and (II)by striking ; and and inserting , and how participating students will be made aware of such opportunities;; (v)in subparagraph (E) (as so redesignated), by striking the period and inserting aligned with challenging and rigorous academic content;; and (vi)by inserting after subparagraph (E) (as so redesignated) the following:

(F)the process by which the eligible agency will ensure that all vocational and technical education programs carried out under this Act include either the secondary or postsecondary elements of the model sequences of courses identified by the eligible agency, with an emphasis on challenging academic and technical content and, through a progression of courses, leads to a postsecondary 1-year certificate, associate’s or baccalaureate degree, or a proficiency credential in conjunction with a secondary school diploma; (G)the role that any Tech-Prep consortia (established under title II of this Act before its repeal by section 18 of the Vocational and Technical Education for the Future Act and supported by the eligible agency under this Act) will play in assisting local educational agencies and postsecondary educational institutions in establishing agreements and plans for offering model sequences of courses to students at both the secondary and postsecondary levels; and (H)how funds will be used effectively to link secondary and postsecondary academic and vocational and technical education in a manner that increases student academic and vocational and technical achievement.

;

(B)by amending paragraph (2) to read as follows:

(2)describes how comprehensive professional development (including initial teacher preparation) for vocational and technical, academic, guidance, and administrative personnel will be provided, especially professional development that— (A)promotes the integration of rigorous and challenging academic and vocational and technical education curriculum development; and (B)increases the academic and vocational and technical knowledge of vocational and technical education teachers.

;

(C)in paragraph (3), by inserting academic and technical after parents,; (D)in paragraph (5)(A)— (i)by inserting (especially as pertaining to math, science, and technology) after academic and technical skills; and (ii)by striking core academic, and vocational and technical, subjects and inserting core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))), and vocational and technical subjects; and (E)by striking paragraph (19) and redesignating paragraphs (20) and (21) as paragraphs (19) and (20), respectively; and (4)by striking subsections (d) and (f) and redesignating subsection (e) as subsection (d).

13.

Improvement plans

Section 123 (20 U.S.C. 2343) is amended to read as follows:

123.

Improvement Plans

(a)

State Program Improvement

(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 the 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 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. (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 levels of performance described in section 113(b)(4), the vocational 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; (ii)enter into an improvement plan agreement 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 the improvement plan itself. (B)

Consultation

The eligible agency shall conduct the activities described in paragraph (2) in consultation with teachers, 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 such recipient in carrying out the improvement activities consistent with the requirements of this Act. (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), 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 the local adjusted levels of performance 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 a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (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.

14.

State Leadership Activities

Section 124 (20 U.S.C. 2344) is amended— (1)in subsection (b)— (A)in paragraph (1), by striking learning and inserting education; (B)in paragraph (2)— (i)by inserting , and the required math and science education, after use of technology in vocational and technical education; and (ii)in subparagraph (B)— (I)by inserting (including the math and science knowledge that provides a strong basis for such skills) after technical skills; and (II)by striking and telecommunications field and inserting fields; (C)in paragraph (3)— (i)by inserting at the secondary and postsecondary levels after academic, guidance, and administrative personnel; (ii)by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively, and inserting before such subparagraphs (as so redesignated) the following:

(A)will provide inservice and preservice training for vocational and technical education teachers in the integration and use of rigorous and challenging academics with vocational and technical subjects; (B)are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and are not 1 day or short-term workshops or conferences;

;

(iii)in subparagraph (C) (as so redesignated)— (I)by inserting scientifically based after based on; and (II)by striking ; and and inserting a semicolon; (iv)in subparagraph (D) (as so redesignated), by striking assist students in meeting and inserting improve student achievement in order to meet; and (v)by amending subparagraph (E) (as so redesignated) to read as follows:

(E)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 teachers and personnel— (i)stay current with the needs, expectations, and methods of industry; (ii)meet teacher certification or licensing requirements, especially in core academic subjects as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)); (iii)can effectively develop integrated rigorous and challenging academic and vocational and technical education curriculum; and (iv)develop a high level of academic and industry knowledge and skills of vocational and technical education.

;

(D)in paragraph (4), by striking integration of academics and all that follows through core academic, and inserting provision of rigorous and challenging academics that are integrated with vocational and technical education to ensure achievement in the core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))),; (E)in paragraph (6), by inserting and complete a sequence of courses, as described in section 122(c)(1)(A) after technical skills; (F)in paragraph (7), by striking ; and and inserting a semicolon; (G)in paragraph (8), by striking the period and inserting ; and; and (H)by inserting after paragraph (8) the following:

(9)technical assistance for eligible recipients

; and

(2)in subsection (c)— (A)by striking paragraph (1), and redesignating paragraphs (2) through (10) as paragraphs (1) through (9), respectively; (B)in paragraph (9) (as so redesignated), by inserting that prepare individuals academically and technically for current and emerging occupations in demand after education courses; and (C)by inserting after paragraph (9) (as so redesignated) the following:

(10)awarding incentive grants to eligible recipients for exemplary performance in carrying out programs under this Act, which awards shall be based on— (A)eligible recipients exceeding challenging performance measures established under section 113(b) that reflect sustained or significant improvement; (B)eligible recipients effectively developing connections between secondary education and postsecondary education and training; (C)the adoption and integration of rigorous academic and technical coursework and other such factors relating to the performance of the eligible recipient under this Act as the eligible agency determines are appropriate; or (D)other factors relating to the performance of the eligible recipient under this Act as the eligible agency determines are appropriate.

15.

Distribution of funds to secondary school programs

Section 131 (20 U.S.C. 2351) is amended— (1)by striking subsection (a) and redesignating subsections (b) through (i) as subsections (a) through (h), respectively; and (2)in subsection (a) (as so redesignated)— (A)in the subsection heading, by striking

Special

and

for Succeeding Fiscal Years

; and (B)by striking for fiscal year 2000 and succeeding fiscal years; and (3)in subsection (b)— (A)by striking subsection (b) and inserting subsection (a); and (B)by striking (42 U.S.C. 9902(2)) and inserting (42 U.S.C. 9902(2))).

16.

Local plan for vocational and technical education programs

Section 134(b) (20 U.S.C. 2354(b)) is amended— (1)in paragraph (2), by inserting and local after State; (2)in paragraph (3)— (A)by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively, and inserting before such subparagraphs the following:

(A)offer the appropriate courses of at least one of the model curricula described in section 124(c)(1), as appropriate to the eligible recipient responsible for that element of the sequence;

;

(B)in subparagraph (B) (as so redesignated)— (i)by inserting rigorous and challenging after integration of; and (ii)by inserting subjects (as defined by section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))) after core academic; and (C)in subparagraph (D) (as so redesignated), by inserting rigorous and after taught to the same; (3)by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively, and inserting after paragraph (3) the following:

(4)describe how comprehensive professional development (including initial teacher preparation) for vocational and technical, academic, guidance, and administrative personnel will be provided that promotes the integration of rigorous and challenging academic and technical education (including curriculum development);

; and

(4)in paragraph (5) (as so redesignated)— (A)by inserting academic and vocational and technical after students,; and (B)by inserting , including the eligible recipients that offer elements of the model sequence of courses after of this title.

17.

Local use of funds

Section 135 (20 U.S.C. 2355) is amended— (1)in subsection (b)— (A)in paragraph (1), by striking to ensure learning in the core academic and inserting as established in the State-developed model sequences of courses described in section 122(c)(1)(A) to ensure learning in the core academic subjects (as defined by section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))); (B)by striking paragraph (8); (C)by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively, and inserting after paragraph (1) the following:

(2)link secondary vocational and technical education and postsecondary vocational and technical education, including offering model sequences of courses and implementing Tech-Prep programs; (3)support tech-prep programs (if the eligible recipient receives the funds from the eligible agency under section 112(a)(1) that— (A)are carried out under an articulation agreement between the participants in the consortium, which shall include— (i)a local educational agency, an intermediate educational agency or area vocational and technical education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; and (ii) (I)a nonprofit institution of higher education that offers— (aa)a 2 or 4-year 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 (20 U.S.C. 1002) (except those institutions described in section 102(a)(1)(C) of such Act), 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 and technical institution; or (bb)a 2-year apprenticeship program that follows secondary instruction, if such nonprofit institution of higher education is not prohibited from receiving assistance under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) pursuant to the provisions of section 435(a)(3) of such Act (20 U.S.C. 1083(a)); or (II)a proprietary institution of higher education that offers a 2-year associate degree program and is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), if such proprietary institution of higher education is not subject to a default management plan required by the Secretary,

and may include employers and labor organizations;

(B)consist of a minimum of 2 years of secondary school preceding graduation and a minimum of 2 years of higher education, or an apprenticeship program of at least 2 years following secondary instruction; (C)meet academic standards developed by the State, including standards developed under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) for secondary students, and support proficiency in mathematics, science, reading, writing, communications, and technologies; (D)are comprised of model sequences of courses that integrate rigorous and challenging academics and vocational and technical education; (E)provide 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; (F)that use, if appropriate and available, work-based or worksite learning in conjunction with academic and vocational and technical education; (G)that use educational technology and distance learning, as appropriate, to involve all the consortium partners more fully in the development and operation of programs; and (H)that facilitate and promote close working relationships among eligible recipients to ensure that programs within a geographic area are closely integrated with Tech-Prep program activities.

;

(D)in paragraph (5) (as so redesignated)— (i)by inserting , and the related math and science education, after use of technology in vocational and technical education; (ii)in subparagraph (B)— (I)by inserting (including the math and science knowledge that provides a strong basis for such skills) after technical skills; and (II)by striking and telecommunications field and inserting fields; and (iii)in subparagraph (C)— (I)by striking work and inserting collaborate; and (II)by inserting that improve the math and science knowledge of students after mentoring programs; (E)in paragraph (6) (as so redesignated)— (i)by striking teachers and inserting secondary and postsecondary teachers, instructors,; and (ii)in subparagraph (A), by striking in effective teaching skills based on research and inserting in effective integration of rigorous and challenging academic and vocational and technical education, in effective teaching skills based on scientifically based research; (F)in paragraph (8) (as so redesignated), by inserting and after the semicolon; and (G)in paragraph (9) (as so redesignated), by striking ; and and inserting a period; (2)in subsection (c)— (A)in paragraph (2), by inserting , regarding postsecondary options, including for adult students who are changing careers or updating skills before the semicolon; (D)in paragraph (5), by inserting including the establishment and operation of special arrangements with industry partners that allow qualified industry professionals to serve as faculty in postsecondary programs before the semicolon; (F)in paragraph (9), by inserting that address the integration of academic and vocational and technical education and after teacher preparation programs; (E)by redesignating paragraphs (10) through (15) as paragraphs (11) through (16); and inserting after paragraph (9) the following:

(10)to develop and expand postsecondary program offerings at times and in formats accessible by students, including the use of distance education;

; and

(G)in paragraph (11) (as so redesignated), by inserting , including development of new proposed model sequence of courses for consideration by the eligible agency before the semicolon; and (3)in subsection (d), by striking 5 percent and inserting 2 percent.

18.

Repeal of Tech-Prep Education Act

Title II of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2071 et seq.) is repealed.

19.

General Provisions

(a)

Fiscal Requirements

Section 311(b) (20 U.S.C. 2391(b)) is amended— (1)in paragraph (1)— (A)by amending subparagraph (A) to read as follows:

(A)

In general

Except as provided in subparagraphs (B), (C), and (D), a State shall receive its full allotment of funds under this Act for any fiscal year only if the Secretary determines that the fiscal effort per student or the aggregate expenditures of the State for vocational and technical education programs for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of the greatest such effort or expenditures for any fiscal year after 2004.

;

(B)in subparagraph (C), by striking subparagraph (B) and inserting subparagraph (A); and (C)by inserting after subparagraph (C) the following:

(D)

Reduction of funds

The Secretary shall reduce the amount of the allotment of funds under this Act for any fiscal year in the exact proportion by which the State fails to meet the requirements of subparagraph (A).

;

(2)in paragraph (2), by striking 1 percent and inserting 5 percent; and (3)by inserting after paragraph (2) the following:

(3)

Definition

For purposes of this subsection, the term preceding fiscal year means the Federal fiscal year or the 12-month fiscal period used by a State for official reporting purposes, prior to the beginning of the Federal fiscal year in which funds are available for obligation by the Secretary.

(b)

Authorization of Secretary

Section 317 (20 U.S.C. 2397) is repealed.