[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2686 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2686

To amend the Carl D. Perkins Vocational and Technical Education Act of 
                        1998 to improve the Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2004

Mr. Enzi (for himself, Mr. Gregg, Mr. Kennedy, Mr. Dodd, Mr. Alexander, 
 Mr. Jeffords, Mr. Sessions, Mr. Bingaman, Mrs. Murray, Mr. Reed, and 
 Mrs. Clinton) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Carl D. Perkins Vocational and Technical Education Act of 
                        1998 to improve the Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carl D. Perkins 
Career and Technical Education Improvement Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Transition provisions.
Sec. 6. Limitation.
Sec. 7. Authorization of appropriations.
    TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

Sec. 101. Career and technical education assistance to the States.
Sec. 102. Reservations and State allotment.
Sec. 103. Within State allocation.
Sec. 104. Accountability.
Sec. 105. National activities.
Sec. 106. Assistance for the outlying areas.
Sec. 107. Native American program.
Sec. 108. Tribally controlled postsecondary career and technical 
                            institutions.
Sec. 109. Occupational and employment information.
Sec. 110. State administration.
Sec. 111. State plan.
Sec. 112. Improvement plans.
Sec. 113. State leadership activities.
Sec. 114. Distribution of funds to secondary school programs.
Sec. 115. Distribution of funds for postsecondary career and technical 
                            education programs.
Sec. 116. Special rules for career and technical education.
Sec. 117. Local plan for career and technical education programs.
Sec. 118. Local uses of funds.
Sec. 119. Tech-prep education.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Redesignation of title.
Sec. 202. Fiscal requirements.
Sec. 203. Voluntary selection and participation.
Sec. 204. Limitation for certain students.
Sec. 205. Authorization of secretary; participation of private school 
                            personnel.
Sec. 206. Student assistance and other Federal programs.
Sec. 207. Table of contents.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference 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.).

SEC. 3. PURPOSE.

    Section 2 (20 U.S.C. 2301) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in paragraph (1), by striking ``standards'' and 
        inserting ``and technical standards, and to assist students in 
        meeting such standards, especially in preparation for high 
        skill, high wage, or high demand occupations in emerging or 
        established professions'';
            (3) in paragraph (2), by inserting ``challenging'' after 
        ``integrate'';
            (4) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (5) in paragraph (4)--
                    (A) by inserting ``conducting and'' before 
                ``disseminating national'';
                    (B) by inserting ``disseminating information on 
                best practices,'' after ``national research,''; and
                    (C) by striking the period at the end and inserting 
                a semicolon; and
            (6) by adding at the end the following:
            ``(5) 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;
            ``(6) supporting partnerships among secondary schools, 
        postsecondary institutions, area career technical centers, 
        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. 4. DEFINITIONS.

    Section 3 (20 U.S.C. 2302) is amended--
            (1) in paragraph (2), by inserting ``, 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'' after ``to 
        enter'';
            (2) in paragraph (3)--
                    (A) in the paragraph heading, by striking 
                ``vocational'' and inserting ``career''; and
                    (B) by striking ``vocational'' each place the term 
                appears and inserting ``career'';
            (3) by striking paragraph (4);
            (4) by redesignating paragraphs (5) through (30) as 
        paragraphs (10) through (35), respectively;
            (5) by inserting after paragraph (3) the following:
            ``(4) Articulation agreement.--The term `articulation 
        agreement' means a written commitment, approved annually by the 
        relevant administrators of the secondary and postsecondary 
        institutions, 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 technical 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, and occupation-specific skills, 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 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, financial aid, and postsecondary options.
            ``(9) Career pathway.--The term `career pathway' means a 
        coordinated and nonduplicative sequence of courses (which may 
        include technical 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;
                    ``(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) may culminate in technical skill proficiency, 
                a credential, a certificate, or a degree.'';
            (6) in paragraph (10) (as redesignated by paragraph (4) of 
        this section), by striking ``5206'' and inserting ``5210'';
            (7) by redesignating paragraphs (11) through (35) (as 
        redesignated by paragraph (4) of this section) as paragraphs 
        (12) through (36), respectively;
            (8) by inserting after paragraph (10) (as redesignated by 
        paragraph (4) of this section) the following:
            ``(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.'';
            (9) in paragraph (12) (as redesignated by paragraph (7) of 
        this section)--
                    (A) by striking ``method of instruction'' and 
                inserting ``method''; and
                    (B) by striking ``vocational'' and inserting 
                ``career'';
            (10) by redesignating paragraphs (13) through (36) (as 
        redesignated by paragraph (7) of this section) as paragraphs 
        (14) through (37), respectively;
            (11) by inserting after paragraph (12) the following:
            ``(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.'';
            (12) in paragraph (16) (as redesignated by paragraph (10) 
        of this section), by striking ``vocational'' both places the 
        term appears and inserting ``career'';
            (13) in paragraph (17) (as redesignated by paragraph (10) 
        of this section)--
                    (A) in subparagraph (A), by striking ``an 
                institution of higher education'' and inserting ``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''; and
                    (B) in subparagraph (C), by striking ``vocational'' 
                and inserting ``career'';
            (14) in paragraph (18)(A) (as redesignated by paragraph 
        (10) of this section), by striking ``agency, an area 
        vocational'' and inserting ``agency (including a public charter 
        school that operates as a local educational agency), an area 
        career'';
            (15) by redesignating paragraphs (20) through (37) (as 
        redesignated by paragraph (10) of this section) as paragraphs 
        (21) through (38), respectively;
            (16) by inserting after paragraph (19) (as redesignated by 
        paragraph (10) of this section) the following:
            ``(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.'';
            (17) in paragraph (25) (as redesignated by paragraph (15) 
        of this section)--
                    (A) in the paragraph heading, by striking 
                ``training and employment'' and inserting ``fields''; 
                and
                    (B) by striking ``training and employment'' and 
                inserting ``fields'';
            (18) in paragraph (26) (as redesignated by paragraph (15) 
        of this section), by striking ``the Commonwealth'' and all that 
        follows through the period and inserting ``and the Commonwealth 
        of the Northern Mariana Islands.'';
            (19) by redesignating paragraphs (31) through (38) (as 
        redesignated by paragraph (15) of this section) as paragraphs 
        (32) through (39), respectively;
            (20) by inserting after paragraph (30) (as redesignated by 
        paragraph (15) of this section) the following:
            ``(31) 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.'';
            (21) in paragraph (32) (as redesignated by paragraph (19) 
        of this section)--
                    (A) in subparagraph (C), by striking ``training and 
                employment'' and inserting ``fields''; and
                    (B) in subparagraph (F), by striking ``individuals 
                with other barriers to educational achievement, 
                including'';
            (22) in paragraph (34) (as redesignated by paragraph (19) 
        of this section) by striking ``, and instructional aids and 
        devices'' and inserting ``instructional aids, and work 
        supports'';
            (23) by striking paragraph (35) (as redesignated by 
        paragraph (19) of this section) and inserting the following:
            ``(35) 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;
                    ``(E) leads to technical skill proficiency, a 
                credential, a certificate, or a degree, in a specific 
                career field;
                    ``(F) leads to placement in appropriate employment 
                or to further education; and
                    ``(G) utilizes career pathways, to the extent 
                practicable.'';
            (24) in paragraph (37) (as redesignated by paragraph (19) 
        of this section)--
                    (A) in the paragraph heading, by striking 
                ``vocational'' and inserting ``career'';
                    (B) in the matter preceding subparagraph (A)--
                            (i) by striking ``vocational'' and 
                        inserting ``career'';
                            (ii) by striking ``paragraph (2)'' and 
                        inserting ``subsection (a)(2)''; and
                            (iii) by striking ``paragraph (5)(A)'' and 
                        inserting ``subsection (a)(5)''; and
                    (C) in subparagraph (F), by striking ``vocational'' 
                and inserting ``career''; and
            (25) by striking paragraphs (38) and (39) (as redesignated 
        by paragraph (19) of this section).

SEC. 5. TRANSITION PROVISIONS.

    Section 4 (20 U.S.C. 2303) is amended by striking ``the Carl D. 
Perkins Vocational and Applied Technology Education Act'' and all that 
follows through the period and inserting ``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 2004. 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.

    Section 6 (20 U.S.C. 2305) is amended by striking the second 
sentence.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 8 (20 U.S.C. 2307) is amended--
            (1) by striking ``title II'' and inserting ``part D of 
        title I''; and
            (2) by striking ``1999 through 2003'' and inserting ``2005 
        through 2010''.

    TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

SEC. 101. CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES.

    Title I (20 U.S.C. 2321 et seq.) is amended by striking the title 
heading and inserting the following:

 ``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES''.

SEC. 102. RESERVATIONS AND STATE ALLOTMENT.

    Section 111(a) (20 U.S.C. 2321(a)) is amended--
            (1) in paragraph (1)(C), by striking ``2001 through 2003,'' 
        and inserting ``2005 through 2010, not more than'';
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``paragraph (1)'' and inserting ``paragraph 
        (1), that are not allotted under paragraph (5),'';
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``(or in the 
                case'' and all that follows through ``1998)''; and
                    (B) in subparagraph (C)--
                            (i) in clause (i)(I), by striking ``(or in 
                        the case'' and all that follows through 
                        ``1998)''; and
                            (ii) in clause (ii)(II), by striking ``(or 
                        in the case'' and all that follows through 
                        ``1998)''; and
            (4) by adding at the end the following:
            ``(5) Formula for amounts in excess of the fiscal year 2004 
        funding level.--
                    ``(A) In general.--For any fiscal year for which 
                the remainder of the sums appropriated under section 8 
                and not reserved under paragraph (1) exceeds the 
                remainder of the sums appropriated under section 8 and 
                not reserved under paragraph (1) for fiscal year 2004, 
                such excess amount shall be allotted to the States 
                according to the formula under subparagraphs (A) 
                through (D) of paragraph (2).
                    ``(B) Minimum allotment.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law and subject to clause 
                        (ii), no State shall receive for a fiscal year 
                        under this paragraph less than \1/2\ of 1 
                        percent of the excess amount described in 
                        subparagraph (A).
                            ``(ii) Requirement.--No State, by reason of 
                        the application of clause (i), shall be 
                        allotted under this paragraph for a fiscal year 
                        more than the amount determined by 
                        multiplying--
                                    ``(I) the number of individuals in 
                                the State counted under paragraph (2); 
                                by
                                    ``(II) 185 percent of the national 
                                average per pupil payment made with the 
                                excess amount described in subparagraph 
                                (A) for that year.''.

SEC. 103. WITHIN STATE ALLOCATION.

    Section 112 (20 U.S.C. 2322) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding ``and'' after the 
                semicolon; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) not more than 15 percent 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.'';
            (2) in subsection (b), by striking ``subsection (a)(3)'' 
        both places the term appears and inserting ``subsection 
        (a)(2)(B)''; and
            (3) by striking subsection (c) and inserting the following:
    ``(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 professional 
                        development of career and technical education 
                        teachers, faculty, principals, and 
                        administrators; 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. 104. ACCOUNTABILITY.

    Section 113 (20 U.S.C. 2323) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (a)--
                    (A) by striking ``a State performance 
                accountability system'' and inserting ``and support 
                State and local performance accountability systems''; 
                and
                    (B) by inserting ``and its eligible recipients'' 
                after ``of the State'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (2)(A)'' and inserting 
                        ``subparagraphs (A) and (B) of paragraph (2)''; 
                        and
                            (ii) in subparagraph (B), by striking 
                        ``(2)(B)'' and inserting ``(2)(C)'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(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) a 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 in 
                        nontraditional fields.'';
                            (ii) by redesignating subparagraphs (B) 
                        through (D) as subparagraphs (C) through (E);
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Core indicators of 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, a 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 in 
                        nontraditional fields.
                            ``(v) Increase in earnings, where 
                        available.'';
                            (iv) in subparagraph (C) (as redesignated 
                        by clause (ii) of this subparagraph), by 
                        striking ``the title.'' and inserting ``this 
                        title, such as attainment of self-
                        sufficiency.'';
                            (v) in subparagraph (D) (as redesignated by 
                        clause (ii) of this subparagraph), by inserting 
                        ``career and technical education'' after 
                        ``developed State'';
                            (vi) in subparagraph (E) (as redesignated 
                        by clause (ii) of this subparagraph)--
                                    (I) by striking ``this paragraph'' 
                                and inserting ``subparagraphs (A) and 
                                (B)''; and
                                    (II) by striking ``recipients.'' 
                                and inserting ``recipients, and shall 
                                meet the requirements of this 
                                section.''; and
                            (vii) by adding at the end the following:
                    ``(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.'';
                    (C) in paragraph (3)--
                            (i) in the paragraph heading, by striking 
                        ``Levels'' and inserting ``State levels'';
                            (ii) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) by striking 
                                        ``paragraph (2)(A)'' and 
                                        inserting ``subparagraphs (A) 
                                        and (B) of paragraph (2)'';
                                            (bb) by inserting ``after 
                                        taking into account the local 
                                        adjusted levels of performance 
                                        and'' after ``eligible agency, 
                                        ; and
                                            (cc) by striking subclause 
                                        (II) and inserting the 
                                        following:
                                    ``(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.'';
                                    (II) in clause (v)--
                                            (aa) in the clause heading, 
                                        by striking ``3rd, 4th, and 
                                        5th'' and inserting 
                                        ``subsequent'';
                                            (bb) by striking ``third 
                                        program year'' and inserting 
                                        ``third and fifth program 
                                        years''; and
                                            (cc) by striking ``third, 
                                        fourth, and fifth'' and 
                                        inserting ``corresponding 
                                        subsequent'';
                                    (III) in clause (vi)(II), by 
                                inserting ``and significant'' after 
                                ``continuous''; and
                                    (IV) in clause (vii), by striking 
                                ``or (vi)'' and inserting ``or (v)''; 
                                and
                            (iii) in subparagraph (B), by striking 
                        ``(2)(B)'' and inserting ``(2)(C)''; and
                    (D) 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 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 on the eligible recipient's levels of 
                        performance for each of the core indicators of 
                        performance for the first 2 program years 
                        covered by the local plan, taking into account 
                        the levels identified in the local plan under 
                        clause (ii) and the factors described in clause 
                        (v). The levels of performance agreed to under 
                        this clause shall be considered to be the local 
                        adjusted levels of performance for the eligible 
                        recipient for such years and shall be 
                        incorporated into the local plan prior to the 
                        approval of such plan.
                            ``(iv) Agreement on local adjusted levels 
                        of performance for subsequent years.--Prior to 
                        the third and fifth program years covered by 
                        the local plan, the eligible agency and each 
                        eligible recipient shall reach agreement on the 
                        local adjusted levels of performance for each 
                        of the core indicators of performance for the 
                        corresponding subsequent program years covered 
                        by the local plan, taking into account the 
                        factors described in clause (v). The local 
                        adjusted levels of performance agreed to under 
                        this clause shall be considered to be the local 
                        adjusted levels of performance for the eligible 
                        recipient for such years and shall be 
                        incorporated into the local plan.
                            ``(v) Factors.--The agreement described in 
                        clause (iii) or (iv) shall take into account--
                                    ``(I) how the levels of performance 
                                involved compare with the local 
                                adjusted levels of performance 
                                established for other eligible 
                                recipients, 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.''; and
            (4) by striking subsection (c)(1)(B) and inserting:
                    ``(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 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. 105. NATIONAL ACTIVITIES.

    Section 114 (20 U.S.C. 2324) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (a)(1), by striking ``, including an 
        analysis of performance data regarding special populations'' 
        and inserting ``, 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'';
            (3) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(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, and 
                        administrators (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;
                            ``(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.'';
                    (B) in paragraph (3)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(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 2004, to the extent practicable, through studies and 
                analyses conducted independently through grants, 
                contracts, and cooperative agreements that are awarded 
                on a competitive basis.'';
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (iii) and 
                                inserting the following:
                            ``(iii) the preparation and qualifications 
                        of teachers and faculty of career and technical 
                        education, as well as shortages of such 
                        teachers and faculty;'';
                                    (II) by striking clause (v) and 
                                inserting the following:
                            ``(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;'';
                                    (III) in clause (vi), by inserting 
                                ``, and career and technical education 
                                students' preparation for employment'' 
                                after ``programs''; and
                                    (IV) in clause (viii), by inserting 
                                ``and local'' after ``State'' both 
                                places such term appears; and
                            (iii) in subparagraph (C)--
                                    (I) in clause (i)--
                                            (aa) by striking 
                                        ``Committee on Education'' and 
                                        all that follows through 
                                        ``Senate'' and inserting 
                                        ``relevant committees of 
                                        Congress''; and
                                            (bb) by striking ``2002'' 
                                        both places it appears and 
                                        inserting ``2008''; and
                                    (II) in clause (ii), by striking 
                                ``Committee on Education'' and all that 
                                follows through ``Senate'' and 
                                inserting ``relevant committees of 
                                Congress'';
                    (C) in paragraph (4)(B), by striking ``Committee on 
                Education'' and all that follows through ``Senate'' and 
                inserting ``relevant committees of Congress'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``higher education'' 
                                and all that follows through 
                                ``centers'' and inserting ``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'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``and 
                                        evaluation'' after ``to carry 
                                        out research''; and
                                            (bb) by inserting ``, 
                                        including special 
                                        populations,'' after 
                                        ``participants'';
                                    (III) by redesignating clause (ii), 
                                (iii), and (iv), as clauses (iii), 
                                (iv), and (v), respectively;
                                    (IV) by inserting after clause (i) 
                                the following:
                            ``(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;'';
                                    (V) in clause (iii) (as 
                                redesignated by subclause (III) of this 
                                clause), by inserting ``that are 
                                integrated with challenging academic 
                                instruction'' before ``, including''; 
                                and
                                    (VI) by striking clause (iv) (as 
                                redesignated by subclause (III) of this 
                                clause) and inserting the following:
                            ``(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 pre-
                                service teacher and faculty education 
                                that assists career and technical 
                                education programs in--
                                            ``(aa) integrating those 
                                        programs with academic content 
                                        standards and student academic 
                                        achievement standards, as 
                                        adopted by States under section 
                                        1111(b)(1) of the Elementary 
                                        and Secondary Education Act of 
                                        1965; and
                                            ``(bb) 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'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or centers'' both 
                                places the term appears; and
                                    (II) by striking ``Committee on 
                                Education'' and all that follows 
                                through ``Senate'' and inserting 
                                ``relevant committees of Congress'';
                            (iii) in subparagraph (C), by striking ``or 
                        centers''; and
                            (iv) by adding at the end the following:
                    ``(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.'';
                    (E) in paragraph (6)(B)(ii), by striking ``or 
                centers''; and
                    (F) by striking paragraph (8); and
            (4) by adding at the end the following:
    ``(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 2005 through 2010.''.

SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS.

    Section 115 (20 U.S.C. 2325) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Republic of the Marshall Islands, the 
                Federated States of Micronesia,'';
                    (B) in paragraph (1), by striking ``training and 
                retraining;'' and inserting ``preparation;'';
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (D) by inserting after paragraph (1) the following:
            ``(2) professional development for teachers, faculty, 
        principals, and administrators;''; and
            (3) in subsection (d)--
                    (A) by striking ``the Republic of the Marshall 
                Islands, the Federated States of Micronesia, and''; and
                    (B) by striking ``2001'' and inserting ``2007''.

SEC. 107. NATIVE AMERICAN PROGRAM.

    Section 116 (20 U.S.C. 2326) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (a)(5), by adding a period at the end;
            (3) in subsection (b)--
                    (A) in paragraph (1), by striking ``(d)'' and 
                inserting ``(c)''; and
                    (B) in paragraph (2), by striking ``(other than in 
                subsection (i))'';
            (4) in subsection (d), by striking ``section an'' and 
        inserting ``section, an'';
            (5) in subsection (e), by striking ``paragraph'' and 
        inserting ``section''; and
            (6) in subsection (h), by striking ``which are recognized 
        by the Governor of the State of Hawaii''.

SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
              INSTITUTIONS.

    Section 117 (20 U.S.C. 2327) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
              INSTITUTIONS.'';

            (2) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (3) in subsection (g)--
                    (A) in paragraph (1), by striking ``The Secretary'' 
                and inserting ``On an annual basis, the Secretary'';
                    (B) in paragraph (2)(B), by striking ``2000'' and 
                inserting ``2006''; and
                    (C) in paragraph (3)(C), by striking ``beginning'' 
                and all that follows through the period and inserting 
                ``beginning on the date of enactment of the Carl D. 
                Perkins Career and Technical Education Improvement Act 
                of 2004.'';
            (4) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively;
            (5) by inserting after subsection (g) the following:
    ``(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.''; and
            (6) by striking subsection (j) (as redesignated by 
        paragraph (4) of this section) and inserting the following:
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2005 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years.''.

SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

    Section 118 (20 U.S.C. 2328) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``(f)'' and inserting ``(g)'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``(b)'' both places it appears and inserting 
                        ``(c)'';
                            (ii) in subparagraph (B), by striking 
                        ``(b)'' and inserting ``(c)''; and
                            (iii) in subparagraph (C), by striking 
                        ``(b)'' and inserting ``(c)''; and
                    (C) in paragraph (2), by striking ``(b)'' both 
                places it appears and inserting ``(c)'';
            (2) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively;
            (3) by inserting after subsection (a) the following:
    ``(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.'';
            (4) in subsection (c) (as redesignated by paragraph (2) of 
        this section)--
                    (A) in paragraph (1), by striking ``individuals'' 
                and all that follows through the semicolon and 
                inserting ``students and parents, including 
                postsecondary education and training, including 
                preparation for high skill, high wage, or high demand 
                occupations and nontraditional fields in emerging or 
                established professions;'';
                    (B) in paragraph (2), by inserting ``academic and 
                career and technical'' after ``relate'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(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;'';
                    (D) in paragraph (4), by striking ``such 
                entities;'' and inserting ``such entities, with an 
                emphasis on high skill, high wage, or high demand 
                occupations in emerging or established professions;'';
                    (E) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (F) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (G) by adding at the end the following:
            ``(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) and the expected future demand for the 
                occupation, based on employment projections.'';
            (5) in subsection (d)(1) (as redesignated by paragraph (2) 
        of this section), by striking ``(b)'' both places it appears 
        and inserting ``(c)'';
            (6) in subsection (e)(1) (as redesignated by paragraph (2) 
        of this section), by striking ``(b)'' and inserting ``(c)'';
            (7) in subsection (f)(1) (as redesignated by paragraph (2) 
        of this section), by striking ``an identification'' and 
        inserting ``a description of''; and
            (8) in subsection (g) (as redesignated by paragraph (2) of 
        this section), by striking ``1999 through 2003'' and inserting 
        ``2005 through 2010''.

SEC. 110. STATE ADMINISTRATION.

    Section 121 (20 U.S.C. 2341) is amended--
            (1) by redesignating subsection (a)(2) as subsection (b) 
        and indenting appropriately;
            (2) by redesignating subparagraphs (A) through (D) of 
        subsection (a)(1) as paragraphs (1) through (4), respectively, 
        and indenting appropriately;
            (3) by redesignating clauses (i) and (ii) of paragraph (4) 
        (as redesignated by paragraph (2) of this section) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (4) by striking the following:
    ``(a) Eligible Agency Responsibilities.--
            ``(1) In general.--The responsibilities'' and inserting the 
        following:
    ``(a) Eligible Agency Responsibilities.--The responsibilities'';
            (5) in subsection (a)(1) (as redesignated by paragraph (2) 
        of this section), by striking ``training and employment'' and 
        inserting ``fields'';
            (6) in subsection (a)(2) (as redesignated by paragraph (2) 
        of this section)--
                    (A) by inserting ``teacher and faculty preparation 
                programs,'' after ``teachers,''; and
                    (B) by inserting ``all types and sizes of'' after 
                ``representatives of''; and
            (7) in subsection (b) (as redesignated by paragraph (1) of 
        this section), by striking ``paragraph (1)'' and inserting 
        ``subsection (a)''.

SEC. 111. STATE PLAN.

    Section 122 (20 U.S.C. 2342) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``5'' and inserting ``6''; 
                        and
                            (ii) by adding at the end the following: 
                        ``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 2004. The 
transition plan shall fulfill the eligible agency's State plan 
submission obligation under this section.''; and
                    (B) in paragraph (2)(B), by striking ``5 year State 
                plan'' and inserting ``6-year period'';
            (3) by striking subsection (b)(1) and inserting the 
        following:
            ``(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), interested community members (including parent and 
        community organizations), representatives of special 
        populations, representatives of business (including small 
        business) and industry, and representatives of labor 
        organizations in the State, and shall consult the Governor of 
        the State with respect to such development.'';
            (4) by striking subsection (c) and inserting the following:
    ``(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 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 special 
                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 and career and technical education curriculum 
                development, 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 them 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 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), and labor organizations in the planning, 
        development, implementation, and evaluation of such career and 
        technical education programs;
            ``(6) describes how funds received by the eligible agency 
        through the allotment made under section 111 will be 
        allocated--
                    ``(A) among 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 for such allocation;
            ``(7) 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 postsecondary 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 subjects, 
                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;
            ``(8) describes how the eligible agency will annually 
        evaluate the effectiveness of such career and technical 
        education programs, and describes, to the extent practicable, 
        how the eligible agency is coordinating such programs to 
        promote relevant lifelong learning and ensure nonduplication 
        with other existing Federal programs;
            ``(9) describes the eligible agency's program strategies 
        for special populations, including a description of how 
        individuals who are members of the special populations--
                    ``(A) will be provided with equal access to 
                activities assisted under this 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;
            ``(10) 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 and workforce development;
            ``(11) describes what steps the eligible agency will take 
        to involve representatives of eligible recipients in the 
        development of the State adjusted levels of performance;
            ``(12) 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;
            ``(13) 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;
            ``(14) 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 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; and
                    ``(B) the postsecondary level, disaggregated by 
                special populations and 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;
            ``(15) describes how the eligible agency will adequately 
        address the needs of students in alternative education 
        programs, if appropriate;
            ``(16) 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;
            ``(17) describes how career and technical education relates 
        to State and regional occupational opportunities;
            ``(18) describes the methods proposed for the joint 
        planning and coordination of programs carried out under this 
        title with other Federal education programs;
            ``(19) 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;
            ``(20) describes how funds will be used to serve 
        individuals in State correctional institutions;
            ``(21) 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
            ``(22) 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.'';
            (5) by striking subsection (d) and inserting the following:
    ``(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 single local plan.
            ``(2) Plan submitted as part of 501 plan.--The eligible 
        agency may submit the plan required under this section as part 
        of the plan submitted under section 501 of the Workforce 
        Investment Act of 1998 (20 U.S.C. 9271), provided that the plan 
        submitted pursuant to the requirement of this section meets the 
        requirements of this Act.''; and
            (6) by striking subsection (f).

SEC. 112. IMPROVEMENT PLANS.

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

``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 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 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 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 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. 113. STATE LEADERSHIP ACTIVITIES.

    Section 124 (20 U.S.C. 2344) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) in subsection (a), by striking ``112(a)(2)'' and 
        inserting ``112(a)(2)(A)'';
            (3) in subsection (b)--
                    (A) in paragraph (1), by striking ``further 
                learning'' and all that follows through the semicolon 
                and inserting ``further education, further training, or 
                for high skill, high wage, or high demand 
                occupations;'';
                    (B) in paragraph (2), by striking subparagraphs (A) 
                through (C) and inserting the following:
                    ``(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, and communications 
                entities;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(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;'';
                    (D) in paragraph (4), by striking ``support for'' 
                and inserting ``supporting'';
                    (E) in paragraph (5), by striking ``nontraditional 
                training and employment'' and inserting 
                ``nontraditional fields in emerging and established 
                professions, and other activities that expose students, 
                including special populations, to high skill, high wage 
                occupations'';
                    (F) in paragraph (6)--
                            (i) by inserting ``intermediaries,'' after 
                        ``labor organizations,''; and
                            (ii) by inserting ``, or complete career 
                        pathways, as described in section 
                        122(c)(1)(A)'' after ``skills'';
                    (G) in paragraph (7), by striking ``and'' after the 
                semicolon;
                    (H) in paragraph (8), by striking ``wage careers.'' 
                and inserting ``wage, or high demand occupations; 
                and''; and
                    (I) by adding at the end the following:
            ``(9) technical assistance for eligible recipients.'';
            (4) by striking subsection (c) and inserting the following:
    ``(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 career and technical student 
        organizations, especially with respect to efforts to increase 
        the participation of students who are members of special 
        populations;
            ``(4) support for public charter schools operating 
        secondary career and technical education programs;
            ``(5) 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;
            ``(6) support for family and consumer sciences programs;
            ``(7) support for partnerships between education and 
        business or business intermediaries, including cooperative 
        education and adjunct faculty arrangements at the secondary and 
        postsecondary levels;
            ``(8) 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;
            ``(9) 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;
            ``(10) providing career and technical education programs 
        for adults and school dropouts to complete their secondary 
        school education;
            ``(11) 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.);
            ``(12) developing valid and reliable assessments of 
        technical skills that are integrated with industry 
        certification assessments where available;
            ``(13) developing and enhancing data systems to collect and 
        analyze data on secondary and postsecondary academic and 
        employment outcomes;
            ``(14) 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
            ``(15) adopting, calculating, or commissioning a self-
        sufficiency standard.''; and
            (5) in subsection (d), by striking ``112(a)(2)'' and 
        inserting ``112(a)(2)(A)''.

SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.

    Section 131 (20 U.S.C. 2351) is amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career'';
            (2) by striking subsection (a);
            (3) by redesignating subsections (b) through (i) as 
        subsections (a) through (h), respectively;
            (4) in subsection (a) (as redesignated by paragraph (3) of 
        this section)--
                    (A) in the subsection heading, by striking 
                ``Special Distribution Rules for Succeeding Fiscal 
                Years'' and inserting ``Distribution Rules''; and
                    (B) by striking ``for fiscal year 2000 and 
                succeeding fiscal years'';
            (5) in subsection (b) (as redesignated by paragraph (3) of 
        this section)--
                    (A) by striking ``subsection (b)'' and inserting 
                ``subsection (a)''; and
                    (B) in paragraph (1), by striking ``9902(2))'' and 
                inserting ``9902(2)))'';
            (6) in subsection (e) (as redesignated by paragraph (3) of 
        this section), in the subsection heading, by striking 
        ``Vocational'' and inserting ``Career''; and
            (7) in subsection (g) (as redesignated by paragraph (3) of 
        this section), by striking ``subsections (a), (b), (c), and 
        (d)'' and inserting ``subsections (a), (b), and (c)''.

SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND TECHNICAL 
              EDUCATION PROGRAMS.

    Section 132 (20 U.S.C. 2352) is amended by striking the section 
heading and inserting the following:

``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND 
              TECHNICAL EDUCATION PROGRAMS.''.

SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.

    Section 133 (20 U.S.C. 2353) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.'';

        and
            (2) by striking ``vocational'' each place such term appears 
        and inserting ``career''.

SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.

    Section 134 (20 U.S.C. 2354) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.'';

        and
            (2) in subsection (b), by striking paragraphs (1) through 
        (10) and inserting the following:
            ``(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 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; 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. 118. LOCAL USES OF FUNDS.

    Section 135 (20 U.S.C. 2355) is amended--
            (1) in subsection (a), by striking ``vocational'' and 
        inserting ``career'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``vocational'' and inserting ``career''; and
                    (B) by striking paragraphs (1) through (8) and 
                inserting the following:
            ``(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 courses, such 
        as career pathways described in section 122(c)(1)(A), to ensure 
        learning in the core academic subjects and 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 experience; 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, for high 
        skill, high wage, or high demand occupations, including those 
        that will lead to self-sufficiency.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``vocational'' 
                and inserting ``career''; and
                    (B) by striking paragraphs (2) through (15) and 
                inserting the following:
            ``(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 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 the eligible recipient and 
        businesses, including small businesses and business 
        intermediaries, 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;
            ``(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) for improving or developing new career and technical 
        education courses, including development of new career 
        pathways;
            ``(11) to develop and support small, personalized career-
        themed learning communities;
            ``(12) to provide support for family and consumer sciences 
        programs;
            ``(13) to provide career and technical education programs 
        for adults and school dropouts to complete their secondary 
        school education or upgrade their technical skills;
            ``(14) 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.);
            ``(15) to support activities in nontraditional fields, such 
        as mentoring and outreach; and
            ``(16) to support other career and technical education 
        activities that are consistent with the purpose of this Act.''.

SEC. 119. TECH-PREP EDUCATION.

    (a) Redesignation.--Title II (20 U.S.C. 2371 et seq.) is amended--
            (1) by striking the title heading and inserting the 
        following:

                    ``PART D--TECH-PREP EDUCATION'';

            (2) by striking sections 201, 202, 206, and 207; and
            (3) by redesignating sections 203, 204, 205, and 208, as 
        sections 141, 142, 143, and 144, respectively.
    (b) State Allotment and Application.--Section 141 (as redesignated 
by subsection (a) of this section) is amended--
            (1) in subsection (a), by striking ``section 206'' and 
        inserting ``section 144''; and
            (2) by striking subsection (c) and inserting the following:
    ``(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.''.
    (c) Tech-Prep Education.--Section 142 (as redesignated by 
subsection (a) of this section) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``section 203'' and 
                        inserting ``section 141'';
                            (ii) by striking ``title'' and inserting 
                        ``part'';
                            (iii) by striking ``vocational'' both 
                        places the term appears and inserting 
                        ``career''; and
                            (iv) in subparagraph (A), by inserting ``, 
                        educational service agency,'' after 
                        ``intermediate educational agency''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``and'';
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(C) employers, including small businesses, or 
                business intermediaries; and
                    ``(D) labor organizations.'';
            (2) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(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;'';
                    (B) in paragraph (3)(B), by inserting ``including 
                through the use of articulation agreements, and'' after 
                ``career fields,'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(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 of an industry;
                    ``(D) supports the use of contextual and applied 
                curricula, instruction, and assessment;
                    ``(E) supports the use and application of 
                technology; and
                    ``(F) assists in accessing and utilizing data, 
                including labor market indicators, achievement, and 
                assessments;'';
                    (D) in paragraph (5)--
                            (i) by striking ``training'' and inserting 
                        ``professional development'';
                            (ii) in subparagraph (B), by inserting ``, 
                        which may include through the use of graduation 
                        and career plans'' after ``programs'';
                            (iii) in subparagraph (D), by striking 
                        ``and'';
                            (iv) in subparagraph (E), by inserting 
                        ``and'' after the semicolon; and
                            (v) by adding at the end the following:
                    ``(F) provide comprehensive career guidance and 
                academic counseling to participating students, 
                including special populations;'';
                    (E) in paragraph (6)--
                            (i) by inserting ``(including pre-
                        apprenticeship programs)'' after ``programs''; 
                        and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (F) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (G) by adding at the end the following:
            ``(8) coordinate with activities conducted under title 
        I.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(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.''.
    (d) Consortium Applications.--Section 143 (as redesignated by 
subsection (a) of this section) is amended--
            (1) in subsection (a), by striking ``title'' and inserting 
        ``part'';
            (2) in subsection (b)--
                    (A) by striking ``5'' and inserting ``6''; and
                    (B) by striking ``title'' and inserting ``part'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting ``or advanced'' 
                after ``baccalaureate'';
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(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;'';
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) demonstrate success in, or provide assurances of, 
        coordination and integration with eligible recipients described 
        in part C.''; and
            (4) in subsection (e), by striking ``title'' and inserting 
        ``part''.
    (e) Authorization of Appropriations.--Section 144 (as redesignated 
by subsection (a) of this section) is amended--
            (1) by striking ``title (other than section 207)'' and 
        inserting ``part''; and
            (2) by striking ``1999 and each of the 4'' and inserting 
        ``2005 and each of the 5''.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. REDESIGNATION OF TITLE.

    (a) Federal Administrative Provisions.--Title III (20 U.S.C. 2391 
et seq.) is amended by redesignating sections 311 through 318 as 
sections 211 through 218, respectively.
    (b) State Administrative Provisions.--Title III (20 U.S.C. 2391 et 
seq.) is amended by redesignating sections 321 through 325 as sections 
221 through 225, respectively.
    (c) Title Heading.--The title heading of title III (20 U.S.C. 2391 
et seq.) is amended to read as follows:

                   ``TITLE II--GENERAL PROVISIONS''.

SEC. 202. FISCAL REQUIREMENTS.

    Section 211 (as redesignated by section 201 of this Act) is 
amended--
            (1) by striking ``vocational'' each place the term appears 
        and inserting ``career''; and
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no payments shall be made 
                under this Act for any fiscal year to a State for 
                career and technical education programs or tech-prep 
                programs unless the Secretary determines that the 
                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.''; and
                    (B) in paragraph (2), by striking ``fiscal effort'' 
                both places the term appears and inserting ``average 
                fiscal effort''.

SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION.

    Section 214 (as redesignated by section 201 of this Act) is amended 
by striking ``vocational'' both places the term appears and inserting 
``career''.

SEC. 204. LIMITATION FOR CERTAIN STUDENTS.

    Section 215 (as redesignated by section 201 of this Act) is amended 
by striking ``vocational'' and inserting ``career''.

SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION OF PRIVATE SCHOOL 
              PERSONNEL.

    Part A of title II (as redesignated by section 201 of this Act) is 
amended--
            (1) by striking section 217;
            (2) by redesignating section 218 as section 217; and
            (3) in section 217 (as redesignated by paragraph (2) of 
        this section)--
                    (A) by inserting ``principals,'' after ``for 
                vocational and technical education teachers,'';
                    (B) by inserting ``principals,'' after ``of 
                vocational and technical education teachers,''; and
                    (C) by striking ``vocational'' each place the term 
                appears and inserting ``career''.

SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

    Section 225(c) (as redesignated by section 201 of this Act) is 
amended--
            (1) in the subsection heading, by striking ``Vocational'' 
        and inserting ``Career''; and
            (2) by striking ``vocational'' both places the term appears 
        and inserting ``career''.

SEC. 207. TABLE OF CONTENTS.

    Section 1(b) (20 U.S.C. 2301 note) is amended to read as follows:
    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. 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.''.
                                 <all>