Short title

This Act may be cited as the

Vocational and Technical Education for the Future Act

References

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

Purposes and definitions

(a)

Purposes

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

Definitions

Section 3 (20 U.S.C. 2302) is amended— (1)by striking paragraph (26) and redesignating paragraphs (21) through (25) as paragraphs (23) through (27), and paragraphs (27) through (30) as paragraphs (29) through (32), respectively; (2)by redesignating paragraphs (4) through (20) as paragraphs (5) through (21), respectively, and inserting after paragraph (3) the following:

(4)

Articulation agreement

The term articulation agreement means a written commitment, agreed upon at the State level or approved annually and facilitated by the lead administrators of the secondary and postsecondary consortia members as described in section 135(b)(3)(A), to provide a program designed to provide students with a nonduplicative sequence of progressive achievements leading to degrees, certificates, or credentials in a tech-prep education program linked through credit transfer agreements.

;

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

training and employment

and inserting

fields

; (B)by striking training and employment and inserting fields; and (C)by inserting current and after technology, and other; (8)in paragraph (19) (as so redesignated), by striking the Republic of the Marshall Islands, the Federated States of Micronesia,; (9)by inserting after paragraph (21) (as so redesignated) the following:

(22)

Scientifically based research

The term scientifically based research has the meaning given that term in section 9101(37) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(37)).

;

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

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

;

(11)by inserting after paragraph (27) (as so redesignated) the following:

(28)

Supportive services

The term supportive services means services such as transportation, child care, dependent care, and needs-based payments, that are necessary to enable an individual to participate in activities authorized under this Act.

;

(12)in paragraph (29) (as so redesignated), by striking section 2 and inserting section 2(a)(4); (13)in paragraph (30) (as so redesignated)— (A)by inserting of subsection (a) after paragraph (2); and (B)by striking paragraph (5)(A) of such section and inserting paragraph (5)(A) of such subsection; and (14)by amending paragraph (31)(A) (as so redesignated) to read as follows:

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

Transition provisions

Section 4 (20 U.S.C. 2303) is amended— (1)by striking the Carl D. Perkins Vocational and Applied Technology Education Act and inserting the Carl D. Perkins Vocational and Technical Education Act of 1998; and (2)by striking the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 and inserting the Vocational and Technical Education for the Future Act. Each eligible agency shall be assured 1 full fiscal year for transition, to plan for and implement the requirements of this Act.

Authorization of appropriations

Section 8 (20 U.S.C. 2307) is amended to read as follows:

Authorization of appropriations

There is authorized to be appropriated to carry out this Act (other than subsection (a), (b), and (c) of section 114, and sections 117 and 118) $1,307,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 through 2011.

Prohibitions

(a)

In general

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

Prohibitions

(a)

Local control

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

No preclusion of other assistance

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

Prohibition on requiring Federal approval or certification of standards

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

Rule of construction

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

(b)

Table of contents amendment

The table of contents in section 1(b) is amended by inserting after the item relating to section 8 the following:

Sec. 9. Prohibitions

Allotment and allocation to States

(a)

Allotment for national activities for 2006

Section 111(a)(1) (20 U.S.C. 2321(a)(1)) is amended to read as follows:

(1)

Reservations

From the sum appropriated under section 8 for each fiscal year, the Secretary shall reserve— (A)0.12 percent to carry out section 115; (B)1.50 percent to carry out section 116, of which— (i)1.25 percent of the sum shall be available to carry out section 116(b); and (ii)0.25 percent of the sum shall be available to carry out section 116(h); and (C)0.54 percent to carry out section 114(d).

(b)

Minimum allotments

Section 111(a) (20 U.S.C. 2321(a)) is further amended— (1)in paragraph (3), by striking (or in the case of fiscal year 1999 and all that follows through Amendments of 1998) each place it appears and inserting (or in the case of fiscal year 2006 only, under this section and under title II of this Act, as such section and title were in effect on the day before the date of enactment of the Vocational and Technical Education for the Future Act); and (2)by amending paragraph (4)(A) to read as follows:

(A)

In general

No State shall receive an allotment under this section for a fiscal year that is less than the allotment the State received for fiscal year 2005 under this section and under title II of this Act (as such section and title were in effect on the day before the date of enactment of the Vocational and Technical Education for the Future Act).

(c)

Within State allocation

Section 112 (20 U.S.C. 2322) is amended— (1)by amending subsection (a) to read as follows:

(a)

Allocation formula

From the amount allotted to each State under section 111 for a fiscal year, the State board (hereinafter referred to as the eligible agency) shall allocate such amount as follows: (1)Subject to paragraph (4), not less than 88 percent shall be made available for distribution under section 131 or 132, of which the eligible agency shall first make available for the activities described in section 135(b)(3) not less than the amount allotted in fiscal year 2005 to such eligible agency under title II of this Act (as such title was in effect on the day before the date of enactment of the Vocational and Technical Education for the Future Act), reduced by the percentage by which the amount allotted to the State under section 111 for the fiscal year is less than the amount allotted under such section to such State for fiscal year 2005. Of the remainder of the 88 percent, not more than 10 percent may be used in accordance with subsection (c). (2)Subject to paragraph (4), not more than 10 percent shall be made available to carry out State leadership activities described in section 124, of which— (A)an amount equal to not more than 1 percent of the amount allotted to the State under section 111 for the fiscal year shall be made available to serve individuals in State institutions, such as State correctional institutions and institutions that serve individuals with disabilities; and (B)not less than $60,000 and not more than $150,000 shall be available for services that prepare individuals for nontraditional fields. (3)An amount equal to not more than 2 percent, or $250,000, whichever is greater, shall be made available for administration of the State plan, which may be used for the costs of— (A)developing the State plan; (B)reviewing the local plan; (C)monitoring and evaluating program effectiveness; (D)assuring compliance with all applicable Federal laws; and (E)providing technical assistance. (4)If the amount allocated for any fiscal year under paragraph (2) shall be less than the amount allocated under such paragraph for fiscal year 2005, additional amounts may be made available from the amount allocated under paragraph (1) for the purposes described in paragraph (2). If such additional amounts are made available under this paragraph, the percentage of the total amount allotted under section 111 that is allocated for the purposes described in paragraph (2) shall not exceed the percentage of the total amount allotted under section 111 for fiscal year 2005 that was allocated under paragraph (2) for fiscal year 2005.

; and

(2)in subsection (c)— (A)in paragraph (1)— (i)in subparagraph (B), by striking the semicolon and inserting ; and; (ii)in subparagraph (C), by striking ; and and inserting a period; and (iii)by striking subparagraph (D); and (B)in paragraph (2), by striking through (D) and inserting through (C).

Accountability

(a)

Purpose

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

State performance measures

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

for secondary students

after

performance

; (ii)by inserting of secondary students that are, to the extent practicable, valid and reliable and after indicators of performance; (iii)in clause (i), by striking State established academic, and inserting academic content and achievement standards, as established by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)),; (iv)in clause (ii)— (I)by striking or its recognized equivalent, and inserting , General Education Development credential (GED), or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities), or; and (II)by striking , or a postsecondary degree or credential; (v)by amending clause (iii) to read as follows:

(iii)Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).

;

(vi)by redesignating clause (iv) as clause (v) and inserting after clause (iii) the following:

(iv)Placement in postsecondary education or advanced training, placement in military service, or placement in employment.

; and

(vii)in clause (v) (as so redesignated), by striking training and employment and inserting fields; (C)by inserting after subparagraph (A) the following:

(B)

Core indicators of performance for postsecondary students

Each eligible agency shall identify in the State plan core indicators of performance of postsecondary students that are, to the extent practicable, valid and reliable, and that include, at a minimum, measures of each of the following: (i)Student attainment of challenging academic and vocational and technical skill proficiencies. (ii)Student retention in postsecondary education, attainment of an associate degree or postsecondary credential, or transfer to a baccalaureate degree program. (iii)Placement in military service or placement or retention in employment. (iv)Student participation in and completion of vocational and technical education programs in nontraditional fields.

;

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

(3)

State levels of performance

; and

(B)in subparagraph (A)— (i)in clause (i)— (I)by striking paragraph (2)(A) and inserting subparagraphs (A) and (B) of paragraph (2); and (II)in subclause (II), by striking to continually and all that follows through performance, and inserting to make continuous and substantial improvement in the academic and vocational and technical achievement; (ii)by amending clause (v) to read as follows:

(v)

Agreement on State adjusted levels of performance for subsequent years

(I)

3rd and 4th program years

Prior to the third program year covered by the State plan, the Secretary and each eligible agency shall reach agreement on the State adjusted levels of performance for each of the core indicators of performance for the third and fourth programs years covered by the State plan, taking into account the factors described in clause (vi). (II)

5th and 6th program years

Prior to the fifth program year covered by the State plan, the Secretary and each eligible agency shall reach agreement on the State adjusted levels of performance for each of the core indicators of performance for the fifth and sixth programs years covered by the State plan, taking into account the factors described in clause (vi). (III)

Agreements incorporated into State plan

The State adjusted levels of performance agreed to under this clause shall be considered the State adjusted levels of performance for the State for such years and shall be incorporated into the State plan.

;

(iii)in clause (vi)(II), by inserting and substantial after continuous; and (iv)in clause (vii)— (I)by striking clause (vi)(II) and inserting clause (vi); and (II)by striking under clause (iii) or (vi) and inserting under clause (iii) or (v). (c)

Local levels of performance

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

(4)

Local levels of performance

(A)

Local adjusted levels of performance for core indicators of performance

(i)

In general

Each eligible recipient shall establish in the local plan submitted under section 134, levels of performance for each of the core indicators of performance described in paragraph (2)(A) and (B), as appropriate for the eligible recipient, for vocational and technical education activities authorized under this title. The levels of performance established under this subparagraph shall, at a minimum— (I)be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable; and (II)require the eligible recipient to make continuous and substantial improvement in the academic and vocational and technical achievement of vocational and technical education students. (ii)

Identification in the local plan

Each eligible recipient shall identify, in the local plan submitted under section 134, levels of performance for each of the core indicators of performance for the first 2 program years covered by the local plan. (iii)

Agreement on local adjusted levels of performance for first 2 years

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

Agreement on local adjusted levels of performance for subsequent years

(I)

3rd and 4th program years

Prior to the third program year covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the third and fourth program years covered by the local plan, taking into account the factors described in clause (v). (II)

5th and 6th program years

Prior to the fifth program year covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the fifth and sixth program years covered by the local plan, taking into account the factors described in clause (v). (III)

Agreements incorporated into local plan

The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan. (v)

Factors

The agreement described in clause (iii) or (iv) shall take into account— (I)how the levels of performance involved compare with the local adjusted levels of performance established for other eligible recipients taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and (II)the extent to which such levels of performance promote continuous and substantial improvement on the indicators of performance by such eligible recipient. (vi)

Revisions

If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised. The eligible agency shall issue objective criteria and methods for making such revisions. (B)

Levels of performance for additional indicators

Each eligible recipient may identify in the local plan, local levels of performance for any additional indicators of performance. Such levels shall be considered to be the local levels of performance for purposes of this title. (C)

Local report

(i)

Content of report

Each eligible recipient that receives an allotment under section 111 shall annually prepare and submit to the eligible agency a report regarding— (I)the progress of such recipient in achieving the local adjusted levels of performance on the core indicators of performance; and (II)in the case of an eligible recipient that receives funds described in section 112(a) for activities described in section 135(b)(3), the progress in achieving the local adjusted levels of performance on the core indicators of performance with respect to tech-prep program participants. (ii)

Data

Each eligible recipient shall— (I)disaggregate data for each of the indicators of performance under section 113(b)(2) for the categories of students enumerated under section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 that are served under this Act; and (II)identify and quantify any disparities or gaps in performance between any such category of students and the performance of all students served by the eligible recipient under the Act. (iii)

Rules for reporting of data

The disaggregation of data under clause (ii) shall be required except in a case in which the number of students in a category is insufficient to yield statistically reliable information or in which the results would reveal personally identifiable information about an individual student. (iv)

Availability

The report described in clause (i) shall be made available to the public through a variety of formats, including electronically through the Internet.

(d)

State report

Section 113(c) (20 U.S.C. 2323(c)) is amended— (1)by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively, and inserting after paragraph (1) the following:

(2)

Data

Each eligible agency under this subsection shall— (A)disaggregate data for each of the indicators of performance under section 113(b)(2) for the categories of students enumerated under section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 that are served under this Act; and (B)identify and quantify any disparities or gaps in performance between any such category of students and the performance of all students served by the eligible agency under the Act. (3)

Rules for reporting of data

The disaggregation of data under paragraph (2) shall be required except in a case in which the number of students in a category is insufficient to yield statistically reliable information or in which the results would reveal personally identifiable information about an individual student.

; and

(2)in paragraph (4) (as so redesignated)— (A)by striking special populations and inserting each of the populations described in section 3(25) and the populations described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and (B)by striking have made and inserting has made.

National activities

(a)

Program performance information

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

Evaluation and assessment

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

(2)

Independent advisory panel

The Secretary shall appoint an independent advisory panel, consisting of academic and vocational and technical education educators, administrators, experts in evaluation, research, and assessment, representatives of labor organizations, businesses, parents, guidance and counseling professionals, and other individuals with relevant expertise, to advise the Secretary on the implementation of the assessment described in paragraph (3), including the issues to be addressed and the methodology of the studies involved to ensure the assessment adheres to the highest standards of quality. The advisory panel shall transmit to the Secretary and to Congress an independent analysis of the findings and recommendations resulting from such assessment. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel established under this subsection.

;

(2)in paragraph (3)— (A)in subparagraph (A), by inserting the implementation of the after and assessment of; (B)in subparagraph (B)— (i)by inserting but shall not be limited to after paragraph (1) shall include; (ii)by striking clauses (i), (ii), (iv), and (vii) and redesignating clauses (iii), (v), (vi), and (viii) as clauses (i) through (iv), respectively; (iii)in clause (i) (as so redesignated), by striking , and academic, curricula in vocational and technical education programs, and inserting education (such as meeting State established teacher certification or licensing requirements); and (iv)in clause (ii) (as so redesignated)— (I)by striking and employment outcomes and all that follows through including analyses of and inserting and vocational and technical education achievement and employment outcomes of vocational and technical education students, including analyses of; (II)in subclause (I), by striking and tech-prep students and inserting and students participating in the activities described in section 135(b)(3); (III)in subclause (II), by striking academic, and vocational and technical, education and inserting rigorous and challenging academic and vocational and technical education, including a review of the effect of integrated rigorous and challenging academic and vocational and technical education on the achievement of students; and (IV)in subclause (III), by inserting , particularly those in which math and science skills are critical, after high-skill careers; and (C)in subparagraph (C)— (i)in clause (i)— (I)by striking the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Congress; and (II)by striking 2002 and inserting 2009 both places it appears; and (ii)in clause (ii), by striking the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, and inserting Congress; (3)in paragraph (5)(A)— (A)by striking to carry out research each place it appears, and inserting to carry out scientifically based research; (B)in clause (i), by inserting scientifically based after programs, including; (C)in clause (ii), by inserting that are integrated with rigorous and challenging academic education after implementation of vocational and technical education programs; and (D)in clause (iii)(I), by inserting and the integration of those systems with the academic education system after technical education systems; (4)in paragraph (6)— (A)by striking:

(6)

Demonstrations and dissemination

(A)

Demonstration program

The

, and inserting:

(6)

Demonstrations and dissemination

The

; and

(B)by striking subparagraph (B); and (5)in paragraph (8), by striking this section and all that follows and inserting subsections (a), (b), and (c) of this section, such sums as may be necessary for each of fiscal years 2006 through 2011. (c)

Incentive grants for eligible agencies

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

(d)

Incentive grants for eligible agencies

(1)

In general

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

Special consideration

In awarding these grants, the Secretary may consider— (A)an eligible agency’s success in effectively developing connections between secondary education and postsecondary education and training; (B)an eligible agency’s integration of rigorous and challenging academic and technical coursework; and (C)an eligible agency’s progress in having special populations participating in vocational and technical education meet State adjusted levels of performance. (3)

Use of funds

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

10.

Outlying areas, native American programs, and tribally controlled institutions

(a)

Assistance for the outlying areas

Section 115 (20 U.S.C. 2325) is amended to read as follows:

115.

Assistance for the outlying areas

(a)

Outlying areas

From funds reserved pursuant to section 111(a)(1)(A), the Secretary shall— (1)make a grant in the amount of $660,000 to Guam; (2)make a grant in the amount of $350,000 to each of American Samoa and the Commonwealth of the Northern Mariana Islands; and (3)make a grant in the amount of $160,000 to the Republic of Palau. (b)

Remainder

Subject to the provisions of subsection (a), the Secretary shall make a grant of the remainder of funds reserved pursuant to section 111(a)(1)(A), in equal proportion, to each of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, for the purpose of providing direct vocational and technical educational services, including— (1)teacher and counselor training and retraining; (2)curriculum development; and (3)the improvement of vocational and technical education and training programs in secondary schools and institutions of higher education, or improving cooperative education programs involving both secondary schools and institutions of higher education. (c)

Restriction

The Republic of Palau shall cease to be eligible to receive funding under this section upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association after the date of enactment of the Vocational and Technical Education for the Future Act.

(b)

Native American program

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

Tribally controlled institutions

Section 117 (20 U.S.C. 2327) is amended— (1)by amending subsection (b) to read as follows:

(b)

Uses of grants

Amounts made available under this section shall be used for vocational and technical education programs for Indian students and for institutional support costs of the grant, including the expenses described in subsection (e).

;

(2)in subsection (c), by inserting after paragraph (2) the following:

(3)

Indirect costs

Notwithstanding any other provision of law or regulation, the Secretary shall not require the use of a restricted indirect cost rate for grants issued under this section.

;

(3)by striking subsection (g) and redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (4)in subsection (h) (as so redesignated)— (A)by striking $4,000,000 for fiscal year 1999 and; and (B)by striking the 4 succeeding fiscal years and inserting fiscal years 2006 through 2011. (d)

Occupational and employment information

Section 118 (20 U.S.C. 2328) is amended— (1)by amending subsection (b) to read as follows:

(b)

State level activities

(1)

Designated entity

In order for a State to receive a grant under this section, the eligible agency and the Governor of the State shall jointly designate an entity in the State responsible for conducting the activities in this subsection. (2)

Application

The jointly designated agency shall submit an application to the Secretary at the same time the State submits its state plan under section 122. The application shall be in such a manner and be accompanied by such information as the Secretary may reasonably require. At a minimum, the application shall describe how the jointly designated agency will assist the eligible agency in meeting its adjusted levels of performance under section 113(b). (3)

Activities

The jointly designated agency shall conduct activities— (A)to provide support for career guidance and academic counseling programs designed to promote improved career and education decision making by students (and parents, as appropriate) regarding education and training options and preparations for high skill, high wage occupations; (B)to make available to students, parents, teachers, administrators, and counselors, and improve accessibility to, information and planning resources that relate academic and vocational and technical educational preparation to career goals and expectations; (C)to equip teachers, administrators, and counselors with the knowledge, skills, and occupational information needed to assist students and parents with educational and other postsecondary opportunities and education financing; (D)to assist appropriate State entities in tailoring resources and training for use by such entities; (E)to improve coordination and communication among administrators and planners of programs authorized by this Act and by section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) at the Federal, State, and local levels to ensure nonduplication of efforts and the appropriate use of shared information and data; and (F)to provide ongoing means for customers, such as students and parents, to provide comments and feedback on products and services and to update resources, as appropriate, to better meet customer requirements.

;

(2)in subsection (e)(1), by striking an identification and inserting a description; and (3)in subsection (f), by striking 1999 through 2003 and inserting 2006 through 2011.

11.

State administration

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

121.

State administration

(a)

Eligible agency responsibilities

The responsibilities of an eligible agency under this title shall include— (1)coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this title, including preparation for nontraditional fields; (2)consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, representatives of businesses, labor organizations, eligible recipients, State and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this title; (3)convening and meeting as an eligible agency (consistent with State law and procedure for the conduct of such meetings) at such time as the eligible agency determines necessary to carry out the eligible agency’s responsibilities under this title, but not less than four times annually; and (4)the adoption of such procedures as the eligible agency considers necessary to— (A)implement State level coordination with the activities undertaken by the State boards under section 111 of Public Law 105–220; and (B)make available to the service delivery system under section 121 of Public Law 105–220 within the State a listing of all school dropout, postsecondary, and adult programs assisted under this title. (b)

Exception

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

12.

State plan

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

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

;

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

(C)the criteria that will be used by the eligible agency to evaluate and approve eligible recipients for funds under this title, including criteria to assess the extent to which the local plan will promote continuous and substantial improvement in academic achievement and technical skill attainment;

;

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

(F)the process through which the eligible agency will develop the secondary or postsecondary elements of the model sequences of courses described in subparagraph (A); (G)the role that any eligible recipients successfully implementing the activities described in section 135(b)(3) will play in assisting other eligible recipients in establishing agreements and plans for coordinating the offering of model sequences of courses to students at both the secondary and postsecondary levels; (H)how funds will be used effectively to link secondary and postsecondary academic and vocational and technical education in a manner that increases student academic and vocational and technical achievement; and (I)how the eligible agency will report the integration of rigorous and challenging academics in vocational and technical education programs in order to adequately evaluate the quality of such integration;

;

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

(2)describes how comprehensive professional development (including initial teacher preparation and activities that support recruitment) for vocational and technical, academic, guidance, and administrative personnel will be provided, especially professional development that— (A)promotes the integration of rigorous and challenging academic and vocational and technical education curriculum development; (B)increases the percentage of teachers that meet teacher certification or licensing requirements; (C)increases the academic and industry knowledge of vocational and technical education teachers; and (D)encourages applied learning that contributes to the academic and vocational and technical knowledge of the student;

;

(C)in paragraph (3), by inserting academic and vocational and technical after parents,; (D)in paragraph (5)(A)— (i)by inserting (especially as pertaining to math, science, and technology) after academic and technical skills; and (ii)by striking core academic, and vocational and technical, subjects and inserting core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))), and vocational and technical subjects; (E)in paragraph (11), by inserting and technology after equipment; (F)by striking paragraph (19) and redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; (G)by inserting after paragraph (11) the following:

(12)describes how the eligible agency will ensure that any entity in the State that purchases equipment with funds under this Act will dispose of that equipment in such a manner as to ensure that any personally identifiable information contained in that equipment will be totally destroyed prior to, or as part of, the disposition;

;

(H)in paragraph (18) (as so redesignated), by striking training and employment and inserting fields; and (I)by redesignating paragraphs (20) and (21) as paragraphs (22) and (23), respectively, and inserting after paragraph (19) (as so redesignated) the following:

(20)describes how the eligible agency will award grants, on a competitive basis or on the basis of a formula determined by the eligible agency, using funds described in section 112 (a) (1) for activities described in section 135(b)(3); (21)describes how the eligible agency will carry out measurable, sustainable, and coordinated tech-prep activities in the State (as described in section 135(b)(3)), with funds allocated under section 112(a), that are developed in consultation with the entities described in subsection (b)(1) and that effectively prepare students for post-secondary education or employment in high-demand occupations through a seamless program of study consisting of appropriate advanced academic and technical courses that include a minimum of 2 years of secondary school preceding graduation and a minimum of 2 years of higher education or an apprenticeship program of at least 2 years following secondary instruction;

; and

(4)by striking subsections (d) and (f) and redesignating subsection (e) as subsection (d).

13.

Improvement plans

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

123.

Improvement plans

(a)

State program improvement

(1)

Plan

If a State fails to meet the agreed upon State adjusted levels of performance required under section 113(b)(3), the eligible agency shall develop and implement a program improvement plan (with special consideration to performance gaps identified under section 113(c)(2)) in consultation with the appropriate agencies, individuals, and organizations 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 purposes 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)

Subsequent action

(A)

In general

If an eligible agency fails to meet the State adjusted levels of performance and the purposes of this Act, 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 and the purposes of this Act for 2 or more consecutive years, the Secretary may, after notice and opportunity for a hearing, withhold from the eligible agency all, or a portion of, the eligible agency’s allotment under this title. (B)

Waiver for exceptional circumstances

The Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (4)

Funds resulting from reduced allotments

(A)

In general

The Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency, to provide (through alternative arrangements) services and activities within the State to meet the purposes of this Act. (B)

Redistribution

If the Secretary cannot satisfactorily use funds withheld under paragraph (3), then the amount of funds retained by the Secretary as a result of a reduction in an allotment made under paragraph (3) shall be redistributed to other eligible agencies in accordance with section 111. (b)

Local program improvement

(1)

Local evaluation

Each eligible agency shall evaluate annually, using the local adjusted levels of performance described in section 113(b)(4), the vocational and technical education activities of each eligible recipient receiving funds under this title. (2)

Plan

(A)

In general

If, after reviewing the evaluation, the eligible agency determines that an eligible recipient is not making substantial progress in achieving the local adjusted levels of performance, or that an eligible recipient demonstrates under section 113(b)(4)(C) persistent or a widening of performance gaps between multiple categories of students served by the eligible recipient in comparison to all students in the State served under the Act, the eligible agency shall— (i)conduct an assessment of the educational needs that the eligible recipient shall address to overcome local performance deficiencies; (ii)enter into an improvement plan agreement with an eligible recipient based on the results of the assessment, for the first program year succeeding the program year in which the eligible recipient failed to meet the local adjusted levels of performance, which plan shall demonstrate how the local performance deficiencies will be corrected and include strategies for professional development and instructional and other programmatic innovations of demonstrated effectiveness, giving special consideration to performance gaps identified under section 113(b)(4)(C); 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 paragraph (2) in consultation with teachers, parents, other school staff, appropriate agencies, and other appropriate individuals and organizations. (3)

Technical assistance

If the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under section 134, or is not making substantial progress in meeting the purpose of this Act, based on the local adjusted levels of performance, the eligible agency shall provide technical assistance to the eligible recipient to assist such recipient in carrying out the improvement activities consistent with the requirements of this Act. (4)

Subsequent action

(A)

In general

If an eligible recipient fails to meet the local adjusted levels of performance as described in section 113(b)(4) and the purposes of this Act, has not implemented an improvement plan as described in paragraph (2), has shown no improvement within 1 year after implementing an improvement plan as described in paragraph (2), or has failed to meet the local adjusted levels of performance and the purposes of this Act for 2 or more consecutive years, the eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion of, the eligible recipient’s allotment under this title. (B)

Waiver for exceptional circumstances

The eligible agency may waive the sanction under this paragraph due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (5)

Funds resulting from reduced allotments

The eligible agency shall use funds withheld under paragraph (4) to continue to provide (through alternative arrangements) services and activities in the area served by such recipient to meet the purpose of this Act.

14.

State leadership activities

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

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

;

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

(E)will support education programs for teachers of vocational and technical education in public schools and other public school personnel who are involved in the direct delivery of educational services to vocational and technical education students to ensure that teachers and personnel— (i)stay current with the needs, expectations, and methods of industry; (ii)meet teacher certification or licensing requirements, especially in core academic subjects as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)); (iii)effectively develop integrated rigorous and challenging academic and vocational and technical education curriculum; (iv)develop a high level of academic and industry knowledge and skills necessary to provide effective instruction in vocational and technical education; and (v)effectively use applied learning that contributes to the academic and vocational and technical knowledge of the student; and

;

(D)in paragraph (4), by striking integration of academics and all that follows through core academic, and inserting provision of rigorous and challenging academics that are integrated with vocational and technical education to ensure achievement in the core academic subjects (as defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))),; (E)in paragraph (5), by striking training and employment and inserting fields; (F)in paragraph (6), by inserting and complete a model sequence of courses, as described in section 122(c)(1)(A) after technical skills; (G)in paragraph (7), by striking ; and and inserting a semicolon; (H)in paragraph (8), by striking the period and inserting ; and; and (I)by inserting after paragraph (8) the following:

(9)technical assistance for eligible recipients.

; and

(2)in subsection (c)— (A)by striking paragraph (1), and redesignating paragraphs (2) through (10) as paragraphs (1) through (9), respectively, and paragraphs (11) and (12) as paragraphs (12) and (13), respectively; (B)in paragraph (9) (as so redesignated), by inserting that prepare individuals academically and technically for current and emerging occupations in demand after education courses; and (C)by inserting after paragraph (9) (as so redesignated) the following:

(10)awarding incentive grants to eligible recipients for exemplary performance in carrying out programs under this Act, which awards shall be based on— (A)eligible recipients exceeding challenging performance measures established under section 113(b) in a manner that reflects sustained or significant improvement; (B)eligible recipients effectively developing connections between secondary education and postsecondary education and training; (C)the adoption and integration of rigorous and challenging academic and technical coursework; (D)an eligible recipient’s progress in having special populations participating in vocational and technical education programs meet local adjusted levels of performance; or (E)other factors relating to the performance of the eligible recipient under this Act as the eligible agency determines are appropriate; (11)providing for activities to support entrepreneurship education and training;

15.

Distribution of funds to secondary school programs

Section 131 (20 U.S.C. 2351) is amended— (1)by striking subsection (a) and redesignating subsections (b) through (i) as subsections (a) through (h), respectively; (2)in subsection (a) (as so redesignated)— (A)in the subsection heading, by striking Special and for Succeeding Fiscal Years; and (B)by striking for fiscal year 2000 and succeeding fiscal years; and (3)in subsection (b) (as so redesignated)— (A)by striking subsection (b) and inserting subsection (a); and (B)by striking (42 U.S.C. 9902(2)) and inserting (42 U.S.C. 9902(2))).

16.

Elimination of redistribution rule

Section 133 (20 U.S.C. 2353) is amended by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

17.

Local plan for Vocational and Technical Education programs

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

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

;

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

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

;

(4)in paragraph (5) (as so redesignated)— (A)by inserting academic and vocational and technical after students,; and (B)by inserting (including the eligible recipients that offer elements of the model sequence of courses) after such individuals and entities; and (5)in paragraph (8) (as so redesignated)— (A)in subparagraph (A), by striking ; and and inserting a semicolon; (B)in subparagraph (B), by inserting and after the semicolon; and (C)by inserting after subparagraph (B) the following:

(C)will provide activities to prepare special populations, including single parents and displaced homemakers, for high skill, high wage occupations that will lead to self-sufficiency;

18.

Local use of funds

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

(2)link secondary vocational and technical education and postsecondary vocational and technical education, including offering model sequences of courses and implementing tech-prep programs consistent with the activities described in paragraph (3); (3)support tech-prep programs (if the eligible recipient receives the funds from the eligible agency under section 112(a)(1)) that— (A)are carried out under an articulation agreement between the participants in a consortium, which shall include— (i)a local educational agency, an intermediate educational agency or area vocational and technical education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; and (ii) (I)a nonprofit institution of higher education that offers— (aa)a 2- or 4-year degree program, or a 2-year certificate program, and is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) (except those institutions described in section 102(a)(1)(C) of such Act), including an institution receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) and a tribally controlled postsecondary vocational and technical institution; or (bb)a 2-year apprenticeship program that follows secondary instruction, if such nonprofit institution of higher education is not prohibited from receiving assistance under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) pursuant to the provisions of section 435(a)(3) of such Act (20 U.S.C. 1083(a)); or (II)a proprietary institution of higher education that offers a 2-year associate degree program and is qualified as an institution of higher education pursuant to section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), if such proprietary institution of higher education is not subject to a default management plan required by the Secretary,

and may include nonprofit organizations that provide eligible recipients with technology and programs to enhance math and science skills, employers, and labor organizations;

(B)consist of a minimum of 2 years of secondary school preceding graduation and a minimum of 2 years of higher education, or an apprenticeship program of at least 2 years, following secondary instruction; (C)meet academic standards developed by the State, including standards developed under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) for secondary students, and support proficiency in mathematics, science, reading, writing, communications, and technologies; (D)are comprised of model sequences of courses that integrate rigorous and challenging academics and vocational and technical education; (E)provide technical preparation in a career field such as engineering technology; applied science; a mechanical, industrial, or practical art or trade; agriculture; health occupations; business; applied economics; advanced manufacturing; or other high-skill, high-wage, high-demand occupations as determined by the State; (F)use, if appropriate and available, work-based or worksite learning in conjunction with academic and vocational and technical education; (G)use educational technology and distance learning, as appropriate, to involve all the consortium partners more fully in the development and operation of programs; (H)facilitate and promote close working relationships among eligible recipients to ensure that programs within a geographic area are closely integrated with tech-prep program activities; (I)are sustainable and use performance indicator data, described in section 113, to inform program quality; (J)include academic and career counseling for participants that provides information to students (and parents, as appropriate) regarding tech-prep programs and supports student progress in completing tech-prep programs; (K)include in-service training for teachers that— (i)provides for joint training for teachers in tech-prep programs; and (ii)is designed to ensure that teachers and administrators stay current with the needs, expectations, and methods of business and all aspects of an industry; and (L)provide students with transferable credit between the consortium members, as described in subparagraph (A), and may include programs that allow secondary programs to be co-located on postsecondary campuses;

;

(D)in paragraph (5) (as so redesignated)— (i)by inserting , and the related math and science education after use of technology in vocational and technical education; (ii)in subparagraph (B)— (I)by inserting (including the math and science knowledge that provides a strong basis for such skills) after technical skills; and (II)by striking and telecommunications field and inserting fields; and (iii)in subparagraph (C)— (I)by striking work and inserting collaborate; and (II)by inserting that improve the math and science knowledge of students after mentoring programs; (E)in paragraph (6) (as so redesignated)— (i)by striking teachers, and inserting secondary and postsecondary teachers, instructors,; and (ii)in subparagraph (A), by striking in effective teaching skills based on research and inserting in effective integration of rigorous and challenging academic and vocational and technical education, in effective teaching skills based on scientifically based research; and (F)by inserting after paragraph (9) (as so redesignated) the following:

(10)provide activities to prepare special populations, including single parents and displaced homemakers, for high skill, high wage occupations that will lead to self sufficiency.

; and

(2)in subsection (c)— (A)in paragraph (2), by inserting , regarding the range of postsecondary options available, including for adult students who are changing careers or updating skills before the semicolon; (B)in paragraph (5), by inserting , including the establishment and operation of special arrangements with industry partners that allow qualified industry professionals to serve as faculty in postsecondary programs before the semicolon; (C)in paragraph (8), by striking aides and inserting aids and publications; (D)in paragraph (9), by inserting that address the integration of academic and vocational and technical education and after teacher preparation programs; (E)by redesignating paragraphs (10) through (14) as paragraphs (12) through (16), and paragraph (15) as paragraph (19), respectively, and inserting after paragraph (9) the following:

(10)to develop and expand postsecondary program offerings that are accessible by students, including the use of distance education; (11)to provide activities to support entrepreneurship education and training;

;

(F)in paragraph (12) (as so redesignated), by inserting , including development of new proposed model sequences of courses for consideration by the eligible agency and courses that prepare individuals academically and technically for current and emerging occupations that are in demand, and dual enrollment opportunities by which secondary vocational and technical education students could obtain postsecondary credit to count towards an associate or baccalaureate degree before the semicolon; (G)by amending paragraph (16) (as so redesignated) to read as follows:

(16)to support training in nontraditional fields;

; and

(H)by inserting after paragraph (16) (as so redesignated) the following:

(17)to provide accurate information relating to the availability of supportive services available in an area served by the eligible recipient, and referral to such services, as appropriate; (18)to support the activities described in subsection (b)(3); and

19.

Repeal of Tech-Prep Education Act

Title II (20 U.S.C. 2071 et seq.) is repealed.

20.

General provisions

(a)

Redesignation of title III

(1)

Redesignation

Title III (20 U.S.C. 2391 et seq.) is amended— (A)by striking section 318; (B)by redesignating such title as title II of such Act; and (C)by redesignating sections 311 through 317 as section 211 through 217 and sections 321 through 325 as sections 221 through 225, respectively. (2)

Table of contents amendment

The table of contents in section 1(b) is amended— (A)by striking the items relating to title III; and (B)by amending the items relating to title II to read as follows:

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 children and 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

(b)

Fiscal requirements

Section 211(b) (20 U.S.C. 2391(b)) (as so redesignated) is amended by inserting after paragraph (2) the following:

(3)

Definition

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

(c)

Participation of private school children and personnel

Section 217 (as so redesignated) is amended to read as follows:

217.

Participation of private school children and personnel

(a)

Participation on equitable basis

(1)

In general

To the extent consistent with the number of children in the school district of a local educational agency that is eligible to receive funds under this Act, or that serves the area in which a program assisted under this Act is located, who are enrolled in private nonprofit elementary schools and secondary schools, or, with respect to instructional or personnel training programs funded by an eligible agency, the local educational agency, after consultation with appropriate private school officials— (A)shall provide, on an equitable basis and as may be necessary, for the benefit of such children in such schools, secular, neutral, and nonideological services (or other benefits), materials, and equipment, including the participation of the teachers of such children (and other educational personnel serving such children) in training programs; or (B)if such services, materials, and equipment are not feasible or necessary in one or more such private schools (as determined by the local educational agency after consultation with the appropriate private school officials), shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this Act. (2)

Application of requirements

The requirements of this section relating to the participation of children, teachers, and other personnel serving such children shall apply to programs carried out under this Act by an eligible agency or local educational agency, whether directly or through grants to, or contracts with, other public or private agencies, institutions, or organizations. (b)

Equal expenditures

(1)

In general

Expenditures for programs under subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this Act for children enrolled in the public schools of the local educational agency. (2)

Concentrated programs

When funds available to a local educational agency under this Act are used to concentrate programs on a particular group, attendance area, or grade or age level, the local educational agency shall, after consultation with the appropriate private school officials, assure the equitable participation in both the purposes and benefits of such programs for children enrolled in private schools who are included within the group, attendance area, or grade or age level selected for such concentration, taking into account the needs of the individual children and other factors that relate to the expenditures referred to in paragraph (1). (c)

Administrative requirements

(1)

Funds, materials and equipment

(A)

Funds

The control of funds expended under this section shall be administered by a public agency. (B)

Materials and equipment

The title to materials and equipment provided under this section, shall remain with a public agency for the uses and purposes provided in this Act (2)

Provision of services

Services provided under this Act shall be provided by employees of a public agency or through contract by such a public agency with a person, association, agency, organization, institution or corporation that, in the provision of such services, is independent of the private school and of any religious organizations, and such employment or contract shall be under the control and supervision of such a public agency. The funds utilized under this section shall not be commingled with State or local funds. (3)

Timing and content of consultation

The consultation required under this section shall include meetings of agency and private school officials and shall occur before the eligible agency and local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this Act. Such meetings shall include a discussion of service delivery mechanisms (including third party contractors) and shall continue throughout implementation and assessment of services under this Act. (d)

Waiver and bypass procedures

(1)

State prohibition

If an eligible agency or local educational agency is prohibited, by reason of any provision of law, from providing for the participation in programs of children enrolled in private elementary schools and secondary schools as required by subsections (a) through (c), the Secretary shall waive such requirements for the agency involved and shall arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section. (2)

Failure to comply

If the Secretary determines that an eligible agency or a local educational agency has substantially failed, or is unwilling, to provide for the participation on an equitable basis of children enrolled in private elementary schools and secondary schools as required by subsections (a) through (c), the Secretary may waive such requirements and shall arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section. (3)

Payment from State allotment

When the Secretary arranges for services under this subsection, the Secretary shall, after consultation with the appropriate public school and private school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate allotment of the eligible agency under this Act. (4)

Duration of determination

Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the Act of the eligible agency or local educational agency to meet the requirements of subsections (a) through (c). (5)

Review of determination

The Secretary shall not take any final action under this section until the eligible agency and the local educational agency affected by such action have had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or the Secretary’s designee to show cause why that action should not be taken. (e)

Withholding of allotment or allocation

Pending final resolution of any investigation or complaint that could result in a waiver under subsection (d)(1) or (d)(2), the Secretary may withhold from the allotment or allocation of the affected eligible agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of services to be provided by the Secretary under such subsection. (f)

Prior determination

Any bypass determination by the Secretary under Title I or Title IX of the Elementary and Secondary Education Act of 1965 shall, to the extent consistent with the purposes of this Act, apply to programs under this Act until such determinations terminate or expire.