[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Engrossed Amendment House (EAH)]
109th CONGRESS
2d Session
S. 250
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
July 12, 2006.
Resolved, That the bill from the Senate (S. 250) entitled ``An Act to amend
the Carl D. Perkins Vocational and Technical Education Act of 1998 to improve
the Act'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vocational and Technical Education
for the Future Act''.
SEC. 2. 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.).
SEC. 3. 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''.
SEC. 4. 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''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 8 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 8. 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.''.
SEC. 6. 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:
``SEC. 9. 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.''.
SEC. 7. 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) an amount
equal to 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)''.
SEC. 8. 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''.
SEC. 9. 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.''.
SEC. 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:
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying Areas.--From funds reserved pursuant to section
111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $660,000 to Guam;
``(2) make a grant in the amount of $350,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands; and
``(3) make a grant in the amount of $160,000 to the
Republic of Palau.
``(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''.
SEC. 11. STATE ADMINISTRATION.
Section 121 (20 U.S.C. 2341) is amended to read as follows:
``SEC. 121. STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--The responsibilities of an
eligible agency under this title shall include--
``(1) coordination of the development, submission, and
implementation of the State plan, and the evaluation of the
program, services, and activities assisted under this title,
including preparation for 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.''.
SEC. 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 students 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).
SEC. 13. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended to read as follows:
``SEC. 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.''.
SEC. 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 paragraphs
(13) and (14), 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;
``(12) support for initiatives to facilitate the transition
of sub-baccalaureate career and technical education students
into baccalaureate degree programs, including--
``(A) statewide articulation agreements between
sub-baccalaureate degree granting career and technical
postsecondary educational institutions and
baccalaureate degree granting post-secondary
educational institutions;
``(B) postsecondary dual and concurrent enrollment
program;
``(C) academic and financial aid counseling; and
``(D) other initiatives to--
``(i) encourage the pursuit of a
baccalaureate degree; and
``(ii) overcome barriers to participation
in baccalaureate degree programs, including
geographic and other barriers affecting rural
students and special populations;''.
SEC. 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)))''.
SEC. 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.
SEC. 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;''.
SEC. 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 (20), 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);
``(19) for programs that assist in the training of
automotive technicians in diesel retrofitting, hybrid,
hydrogen, and alternative fuel automotive technologies; and''.
SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT.
Title II (20 U.S.C. 2071 et seq.) is repealed.
SEC. 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:
``SEC. 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.''.
Amend the title so as to read ``An Act to amend the Carl D.
Perkins Vocational and Technical Education Act of 1998 to
strengthen and improve programs under that Act.''.
Attest:
Clerk.