[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Engrossed in Senate (ES)]
109th CONGRESS
1st Session
S. 250
_______________________________________________________________________
AN ACT
To amend the Carl D. Perkins Vocational and Technical Education Act of
1998 to improve the Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Carl D. Perkins
Career and Technical Education Improvement Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Transition provisions.
Sec. 6. Limitation.
Sec. 7. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
Sec. 101. Career and technical education assistance to the States.
Sec. 102. Reservations and State allotment.
Sec. 103. Within State allocation.
Sec. 104. Accountability.
Sec. 105. National activities.
Sec. 106. Assistance for the outlying areas.
Sec. 107. Native American program.
Sec. 108. Tribally controlled postsecondary career and technical
institutions.
Sec. 109. Occupational and employment information.
Sec. 110. State administration.
Sec. 111. State plan.
Sec. 112. Improvement plans.
Sec. 113. State leadership activities.
Sec. 114. Distribution of funds to secondary school programs.
Sec. 115. Distribution of funds for postsecondary career and technical
education programs.
Sec. 116. Special rules for career and technical education.
Sec. 117. Local plan for career and technical education programs.
Sec. 118. Local uses of funds.
Sec. 119. Tech-Prep education.
TITLE II--GENERAL PROVISIONS
Sec. 201. Redesignation of title.
Sec. 202. Fiscal requirements.
Sec. 203. Voluntary selection and participation.
Sec. 204. Limitation for certain students.
Sec. 205. Authorization of Secretary; participation of private school
personnel.
Sec. 206. Student assistance and other Federal programs.
Sec. 207. Table of contents.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et
seq.).
SEC. 3. PURPOSE.
Section 2 (20 U.S.C. 2301) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in paragraph (1), by striking ``standards'' and
inserting ``and technical standards, and to assist students in
meeting such standards, including student academic achievement
standards, especially in preparation for high skill, high wage,
or high demand occupations in emerging or established
professions'';
(3) in paragraph (2), by inserting ``challenging'' after
``integrate'';
(4) in paragraph (3), by striking ``and'' after the
semicolon;
(5) in paragraph (4)--
(A) by inserting ``conducting and'' before
``disseminating national'';
(B) by inserting ``disseminating information on
best practices,'' after ``national research,''; and
(C) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following:
``(5) promoting leadership, initial preparation, and
professional development at the State and local levels, and
developing research and best practices for improving the
quality of career and technical education teachers, faculty,
principals, administrators, and counselors;
``(6) supporting partnerships among secondary schools,
postsecondary institutions, baccalaureate degree granting
institutions, area career technical centers, local workforce
investment boards, business and industry, professional
associations, and intermediaries; and
``(7) developing a highly skilled workforce needed to keep
America competitive in the global economy in conjunction with
other Federal education and training programs, including
workforce investment programs, that provide lifelong learning
for the workforce of today and tomorrow.''.
SEC. 4. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraphs (29) and (30);
(2) by redesignating paragraphs (5), (6), (7) through (12),
(13) through (16), (17) through (22), and (23) through (28), as
paragraphs (10), (12), (14) through (19), (21) through (24),
(26) through (31), and (33) through (38), respectively;
(3) in paragraph (2), by inserting ``, including employment
statistics and information relating to national, regional, and
local labor market areas, as provided pursuant to section 118,
and career ladder information, where appropriate'' after ``to
enter'';
(4) in paragraph (3)--
(A) in the paragraph heading, by striking
``Vocational'' and inserting ``Career''; and
(B) by striking ``vocational'' each place the term
appears and inserting ``career'';
(5) by striking paragraph (4) and inserting the following:
``(4) Articulation agreement.--The term `articulation
agreement' means a written commitment--
``(A) that is approved annually by the relevant
administrators of--
``(i) a secondary institution and a
postsecondary educational institution; or
``(ii) a sub-baccalaureate degree granting
postsecondary educational institution and a
baccalaureate degree granting postsecondary
educational institution; and
``(B) to a program that is designed to provide
students with a nonduplicative sequence of progressive
achievement leading to technical skill proficiency, a
credential, a certificate, or a degree, and linked
through credit transfer agreements.'';
(6) by inserting after paragraph (4) (as amended by
paragraph (5)) the following:
``(5) Career and technical education.--The term `career and
technical education' means organized educational activities
that--
``(A) offer a sequence of courses (which may
include work-based learning experiences) that--
``(i) provides individuals with the
challenging academic and technical knowledge
and skills the individuals need to prepare for
further education and for careers in emerging
and established professions; and
``(ii) may lead to technical skill
proficiency, a credential, a certificate, or a
degree; and
``(B) include competency-based applied learning
that contributes to the academic knowledge, higher-
order reasoning and problem-solving skills, work
attitudes, general employability skills, technical
skills, occupation-specific skills, and knowledge of
all aspects of an industry, including entrepreneurship,
of an individual.
``(6) Career and technical education student.--The term
`career and technical education student' means a student who
enrolls in a clearly defined sequence of career and technical
education courses (which may include work-based learning
experiences) leading to attainment of technical skill
proficiency, a credential, a certificate, or a degree.
``(7) Career and technical student organization.--
``(A) In general.--The term `career and technical
student organization' means an organization for
individuals enrolled in a career and technical
education program that engages in career and technical
education activities as an integral part of the
instructional program.
``(B) State and national units.--An organization
described in subparagraph (A) may have State and
national units that aggregate the work and purposes of
instruction in career and technical education at the
local level.
``(8) Career guidance and academic counseling.--The term
`career guidance and academic counseling' means providing
access to information regarding career awareness and planning
with respect to an individual's occupational and academic
future that shall involve guidance and counseling with respect
to career options, including baccalaureate degree programs,
financial aid, and postsecondary options.
``(9) Career pathway.--The term `career pathway' means a
coordinated and nonduplicative sequence of courses (which may
include work-based learning experiences) and associated credits
that--
``(A) shall identify both secondary and
postsecondary education elements;
``(B) shall include challenging academic and career
and technical education content that adequately
prepares students to pursue the postsecondary education
element identified under subparagraph (A);
``(C) may include the opportunity for secondary
students to participate in dual or concurrent
enrollment programs or other ways to acquire
postsecondary credits; and
``(D) culminates in technical skill proficiency, an
industry-recognized credential, a certificate, a
degree, or completion of a recognized apprenticeship
program.'';
(7) in paragraph (10) (as redesignated by paragraph (2)),
by striking ``5206'' and inserting ``5210'';
(8) by inserting after paragraph (10) (as redesignated by
paragraph (2)) the following:
``(11) Community college.--The term `community college'--
``(A) means an institution of higher education, as
defined in section 101 of the Higher Education Act of
1965, that provides not less than a 2-year program that
is acceptable for full credit toward a baccalaureate
degree; and
``(B) includes tribally controlled colleges or
universities.'';
(9) in paragraph (12) (as redesignated by paragraph (2))--
(A) by striking ``method of instruction'' and
inserting ``method''; and
(B) by striking ``vocational'' and inserting
``career'';
(10) by inserting after paragraph (12) (as redesignated by
paragraph (2) and amended by paragraph (9)) the following:
``(13) Core academic subjects.--The term `core academic
subjects' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965, except that
under this Act such subjects included in such term shall be
only those subjects in a secondary school context.'';
(11) in paragraph (16) (as redesignated by paragraph (2)),
by striking ``vocational'' both places the term appears and
inserting ``career'';
(12) in paragraph (17) (as redesignated by paragraph (2))--
(A) in subparagraph (A), by striking ``an
institution of higher education'' and inserting ``a
public or nonprofit private institution of higher
education that offers career and technical education
courses that lead to technical skill proficiency, an
industry-recognized credential, a certificate, or a
degree''; and
(B) in subparagraph (C), by striking ``vocational''
and inserting ``career'';
(13) in paragraph (18)(A) (as redesignated by paragraph
(2)), by striking ``agency, an area vocational'' and inserting
``agency (including a public charter school that operates as a
local educational agency), an area career'';
(14) by inserting after paragraph (19) (as redesignated by
paragraph (2)) the following:
``(20) Graduation and career plan.--The term `graduation
and career plan' means a written plan for a secondary career
and technical education student, that--
``(A) is developed with career guidance and
academic counseling or other professional staff, and in
consultation with parents, not later than in the first
year of secondary school or upon enrollment in career
and technical education;
``(B) is reviewed annually and modified as needed;
``(C) includes relevant information on--
``(i) secondary school requirements for
graduating with a diploma;
``(ii) postsecondary education admission
requirements; and
``(iii) high skill, high wage, or high
demand occupations and nontraditional fields in
emerging and established professions, and labor
market indicators; and
``(D) states the student's secondary school
graduation goals, postsecondary education and training,
or employment goals, and identifies 1 or more career
pathways that correspond to the goals.'';
(15) by inserting after paragraph (24) (as redesignated by
paragraph (2)) the following:
``(25) Local workforce investment board.--The term `local
workforce investment board' means a local workforce investment
board established under section 117 of the Workforce Investment
Act of 1998 (29 U.S.C. 2832).'';
(16) in paragraph (26) (as redesignated by paragraph (2))--
(A) in the paragraph heading, by striking
``Training and employment'' and inserting ``Fields'';
and
(B) by striking ``training and employment'' and
inserting ``fields'';
(17) in paragraph (27) (as redesignated by paragraph (2)),
by striking ``the Commonwealth'' and all that follows through
the period and inserting ``and the Commonwealth of the Northern
Mariana Islands.'';
(18) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Self-sufficiency.--The term `self-sufficiency' means
a standard that is adopted, calculated, or commissioned by a
local area or State, and which adjusts for local factors, in
specifying the income needs of families, by family size, the
number and ages of children in the family, and sub-State
geographical considerations.'';
(19) in paragraph (33) (as redesignated by paragraph (2))--
(A) in subparagraph (C), by striking ``training and
employment'' and inserting ``fields''; and
(B) in subparagraph (F), by striking ``individuals
with other barriers to educational achievement,
including'';
(20) in paragraph (35) (as redesignated by paragraph (2))
by striking ``, and instructional aids and devices'' and
inserting ``instructional aids, and work supports'';
(21) by striking paragraph (36) (as redesignated by
paragraph (2)) and inserting the following:
``(36) Tech-prep program.--The term `tech-prep program'
means a program of study that--
``(A) combines at a minimum 2 years of secondary
education (as determined under State law) with a
minimum of 2 years of postsecondary education in a
nonduplicative, sequential course of study;
``(B) integrates academic and career and technical
education instruction, and utilizes work-based and
worksite learning where appropriate and available;
``(C) provides technical preparation in a career
field, including high skill, high wage, or high demand
occupations;
``(D) builds student competence in technical skills
and in core academic subjects, as appropriate, through
applied, contextual, and integrated instruction, in a
coherent sequence of courses (which may include work-
based learning experiences);
``(E) leads to technical skill proficiency, an
industry-recognized credential, a certificate, or a
degree, in a specific career field;
``(F) leads to placement in high skill, high wage
employment or to further education; and
``(G) utilizes career pathways, to the extent
practicable.''; and
(22) in paragraph (38) (as redesignated by paragraph (2))--
(A) in the paragraph heading, by striking
``Vocational'' and inserting ``Career'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``vocational'' and
inserting ``career'';
(ii) by striking ``paragraph (2)'' and
inserting ``subsection (a)(2)''; and
(iii) by striking ``paragraph (5)(A)'' and
inserting ``subsection (a)(5)''; and
(C) in subparagraph (F), by striking ``vocational''
and inserting ``career''.
SEC. 5. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended by striking ``the Carl D.
Perkins Vocational and Applied Technology Education Act'' and all that
follows through the period and inserting ``this Act, as this Act was in
effect on the day before the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of 2005. Each eligible
agency shall be assured a full fiscal year for transition to plan for
and implement the requirements of this Act.''.
SEC. 6. LIMITATION.
Section 6 (20 U.S.C. 2305) is amended by striking the second
sentence.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 8 (20 U.S.C. 2307) is amended--
(1) by striking ``title II'' and inserting ``part D of
title I''; and
(2) by striking ``1999 through 2003'' and inserting ``2006
through 2011''.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
SEC. 101. CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES.
Title I (20 U.S.C. 2321 et seq.) is amended by striking the title
heading and inserting the following:
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES''.
SEC. 102. RESERVATIONS AND STATE ALLOTMENT.
Section 111(a) (20 U.S.C. 2321(a)) is amended--
(1) in paragraph (1)(C), by striking ``2001 through 2003,''
and inserting ``2006 through 2011,''; and
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Minimum allotment.--Subject to paragraph (4), no
State, other than the United States Virgin Islands, shall
receive for a fiscal year under this subsection less than \1/2\
of 1 percent of the amount appropriated under section 8 and not
reserved under paragraph (1) for such fiscal year. Amounts
necessary for increasing such payments to States to comply with
the preceding sentence shall be obtained by ratably reducing
the amounts to be paid to other States.
``(4) Hold harmless.--
``(A) Fiscal years 2006 through 2008.--
Notwithstanding paragraph (3), no State shall receive
an allotment under this section for each of the fiscal
years 2006 through 2008 that is less than the allotment
the State received under this part (as this part was in
effect on the day before the date of enactment of the
Carl D. Perkins Career and Technical Education
Improvement Act of 2005) for fiscal year 2005.
``(B) Fiscal years 2009 through 2011.--
Notwithstanding paragraph (3), no State shall receive
an allotment under this section for each of the fiscal
years 2009 through 2011 that is less than 95 percent of
the allotment the State received under this section for
the preceding fiscal year.
``(C) Ratable reduction.--If for any fiscal year
the amount appropriated for allotments under this
section is insufficient to satisfy the requirements of
subparagraph (A) or (B), the payments to all States
under such subparagraph shall be ratably reduced.''.
SEC. 103. WITHIN STATE ALLOCATION.
Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding ``and'' after the
semicolon; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) not more than 15 percent or $750,000, whichever is
greater, for--
``(A) State leadership activities described in
section 124, of which--
``(i) an amount determined by the eligible
agency shall be made available to serve
individuals in State institutions, such as
State correctional institutions and
institutions that serve individuals with
disabilities; and
``(ii) not less than $60,000 shall be
available for services that prepare individuals
for nontraditional fields; and
``(B) administration of the State plan, which may
be used for the costs of--
``(i) developing the State plan;
``(ii) reviewing the local plans;
``(iii) monitoring and evaluating program
effectiveness;
``(iv) assuring compliance with all
applicable Federal laws;
``(v) providing technical assistance; and
``(vi) supporting and developing State data
systems relevant to the provisions of this
Act.'';
(2) in subsection (b), by striking ``subsection (a)(3)''
both places the term appears and inserting ``subsection
(a)(2)(B)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Reserve.--From amounts made available under subsection (a)(1)
to carry out this subsection, an eligible agency may--
``(1) award grants to eligible recipients, or consortia of
eligible recipients, for career and technical education
activities described in section 135 in--
``(A) rural areas; or
``(B) areas with high percentages or high numbers
of career and technical education students;
``(2) reserve funds, with the approval of participating
eligible recipients, for--
``(A) innovative statewide initiatives that
demonstrate benefits for eligible recipients, which may
include--
``(i) developing and implementing technical
assessments;
``(ii) improving the initial preparation
and professional development of career and
technical education teachers, faculty,
principals, administrators, and counselors; and
``(iii) establishing, enhancing, and
supporting systems for accountability data
collection or reporting purposes; or
``(B) the development and implementation of career
pathways or career clusters; and
``(3) carry out activities described in paragraphs (1) and
(2).''.
SEC. 104. ACCOUNTABILITY.
Section 113 (20 U.S.C. 2323) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (a)--
(A) by striking ``a State performance
accountability system'' and inserting ``and support
State and local performance accountability systems'';
and
(B) by inserting ``and its eligible recipients''
after ``of the State'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``paragraph (2)(A)'' and inserting
``subparagraphs (A) and (B) of paragraph (2)'';
and
(ii) in subparagraph (B), by striking
``(2)(B)'' and inserting ``(2)(C)'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Core indicators of performance for secondary
career and technical education students.--Each eligible
agency shall identify in the State plan core indicators
of performance for secondary career and technical
education students that include, at a minimum, measures
of each of the following:
``(i) Student achievement on technical
assessments and attainment of career and
technical skill proficiencies that are aligned
with nationally recognized industry standards,
if available and appropriate.
``(ii) Student attainment of challenging
academic content standards and student academic
achievement standards, as adopted by the State
under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 and measured by
the academic assessments described in section
1111(b)(3) of such Act, consistent with State
requirements.
``(iii) Student rates of attainment of--
``(I) a secondary school diploma;
``(II) the recognized equivalent of
a secondary school diploma;
``(III) technical skill
proficiency;
``(IV) an industry-recognized
credential;
``(V) a certificate; and
``(VI) a degree.
``(iv) Placement in postsecondary
education, military service, apprenticeship
programs, or employment.
``(v) Student participation in, and
completion of, career and technical education
programs that lead to employment or self-
employment in nontraditional fields.'';
(ii) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively;
(iii) by inserting after subparagraph (A)
the following:
``(B) Core indicators of performance for
postsecondary career and technical students.--Each
eligible agency shall identify in the State plan core
indicators of performance for postsecondary career and
technical education students that include, at a
minimum, measures of each of the following:
``(i) Student achievement on technical
assessments and attainment of career and
technical skill proficiencies that are aligned
with nationally recognized industry standards,
if available and appropriate.
``(ii) Student attainment of technical
skill proficiency, an industry-recognized
credential, a certificate, or a degree, or
retention in postsecondary education, including
transfer to a baccalaureate degree program.
``(iii) Placement in military service,
apprenticeship programs, or employment.
``(iv) Student participation in, and
completion of, career and technical education
programs that lead to employment or self-
employment in--
``(I) nontraditional fields; and
``(II) high skill, high wage, high
demand occupations or professions.
``(v) Increase in earnings, where
available.'';
(iv) in subparagraph (C) (as redesignated
by clause (ii) of this subparagraph), by
striking ``the title.'' and inserting ``this
title, such as attainment of self-
sufficiency.'';
(v) in subparagraph (D) (as redesignated by
clause (ii) of this subparagraph), by inserting
``career and technical education'' after
``developed State'';
(vi) in subparagraph (E) (as redesignated
by clause (ii) of this subparagraph)--
(I) by striking ``this paragraph''
and inserting ``subparagraphs (A) and
(B)'';
(II) by striking ``solely''; and
(III) by striking ``recipients.''
and inserting ``recipients, and shall
meet the requirements of this
section.''; and
(vii) by adding at the end the following:
``(F) Alignment of performance indicators.--In the
course of identifying core indicators of performance
and additional indicators of performance, States shall,
to the greatest extent possible, define the indicators
so that substantially similar information gathered for
other State and Federal programs, or any other purpose,
is used to meet the requirements of this section.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``Levels'' and inserting ``State levels'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking
``paragraph (2)(A)'' and
inserting ``subparagraphs (A)
and (B) of paragraph (2)'';
(bb) by inserting ``after
taking into account the local
adjusted levels of performance
and'' after ``eligible
agency,''; and
(cc) by striking subclause
(II) and inserting the
following:
``(II) require the eligible
recipients to make continuous and
significant improvement in career and
technical achievement of career and
technical education students, including
special populations.'';
(II) in clause (v)--
(aa) in the clause heading,
by striking ``3rd, 4th, and
5th'' and inserting
``Subsequent'';
(bb) by striking ``third
program year'' and inserting
``third and fifth program
years''; and
(cc) by striking ``third,
fourth, and fifth'' and
inserting ``corresponding
subsequent'';
(III) in clause (vi)(II), by
inserting ``and significant'' after
``continuous''; and
(IV) in clause (vii), by striking
``or (vi)'' and inserting ``or (v)'';
and
(iii) in subparagraph (B), by striking
``(2)(B)'' and inserting ``(2)(C)''; and
(D) by adding at the end the following:
``(4) Local levels of performance.--
``(A) Local adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible recipient
shall agree to accept the State adjusted levels
of performance established under paragraph (3)
as local adjusted levels of performance, or
negotiate with the State to reach agreement on
new local adjusted levels of performance, for
each of the core indicators of performance
described in subparagraphs (A) and (B) of
paragraph (2) for career and technical
education activities authorized under this
title. The levels of performance established
under this subparagraph shall, at a minimum--
``(I) be expressed in a percentage
or numerical form, so as to be
objective, quantifiable, and
measurable; and
``(II) require the eligible
recipient to make continuous and
significant improvement in career and
technical achievement of career and
technical education students.
``(ii) Identification in the local plan.--
Each eligible recipient shall identify, in the
local plan submitted under section 134, levels
of performance for each of the core indicators
of performance for the first 2 program years
covered by the local plan.
``(iii) Agreement on local adjusted levels
of performance for first 2 years.--The eligible
agency and each eligible recipient shall reach
agreement, as described in clause (i), on the
eligible recipient's levels of performance for
each of the core indicators of performance for
the first 2 program years covered by the local
plan, taking into account the levels identified
in the local plan under clause (ii) and the
factors described in clause (v). The levels of
performance agreed to under this clause shall
be considered to be the local adjusted levels
of performance for the eligible recipient for
such years and shall be incorporated into the
local plan prior to the approval of such plan.
``(iv) Agreement on local adjusted levels
of performance for subsequent years.--Prior to
the third and fifth program years covered by
the local plan, the eligible agency and each
eligible recipient shall reach agreement on the
local adjusted levels of performance for each
of the core indicators of performance for the
corresponding subsequent program years covered
by the local plan, taking into account the
factors described in clause (v). The local
adjusted levels of performance agreed to under
this clause shall be considered to be the local
adjusted levels of performance for the eligible
recipient for such years and shall be
incorporated into the local plan.
``(v) Factors.--The agreement described in
clause (iii) or (iv) shall take into account--
``(I) how the levels of performance
involved compare with the local
adjusted levels of performance
established for other eligible
recipients, taking into account factors
including the characteristics of
participants when the participants
entered the program and the services or
instruction to be provided; and
``(II) the extent to which the
local adjusted levels of performance
involved promote continuous and
significant improvement on the core
indicators of performance by the
eligible recipient.
``(vi) Revisions.--If unanticipated
circumstances arise with respect to an eligible
recipient resulting in a significant change in
the factor described in clause (v)(II), the
eligible recipient may request that the local
adjusted levels of performance agreed to under
clause (iii) or (iv) be revised. The eligible
agency shall issue objective criteria and
methods for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible recipient may identify, in
the local plan, local levels of performance for any
additional indicators of performance described in
paragraph (2)(C). Such levels shall be considered to be
the local levels of performance for purposes of this
title.
``(C) Report.--Each eligible recipient that
receives an allocation under section 131 shall publicly
report, on an annual basis, its progress in achieving
the local adjusted levels of performance on the core
indicators of performance.''; and
(4) by striking subsection (c)(1)(B) and inserting:
``(B) information on the levels of performance
achieved by the State with respect to the additional
indicators of performance, including the levels of
performance disaggregated for postsecondary
institutions, by special populations and gender, and
for secondary institutions, by special populations and
by the categories described in section 1111(h)(1)(C)(i)
of the Elementary and Secondary Education Act of 1965,
except that such disaggregation shall not be required
in a case in which the number of individuals in a
category is insufficient to yield statistically
reliable information or the results would reveal
personally identifiable information about an
individual.''.
SEC. 105. NATIONAL ACTIVITIES.
Section 114 (20 U.S.C. 2324) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (a)(1), by striking ``, including an
analysis of performance data regarding special populations''
and inserting ``, including an analysis of performance data
that is disaggregated for postsecondary institutions, by
special populations, and for secondary institutions, by special
populations and by the categories described in section
1111(h)(1)(C)(i) of the Elementary and Secondary Education Act
of 1965, except that such disaggregation shall not be required
in a case in which the number of individuals in a category is
insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about
an individual'';
(3) in subsection (c)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Independent advisory panel.--
``(A) In general.--The Secretary shall appoint an
independent advisory panel to advise the Secretary on
the implementation of the assessment described in
paragraph (3), including the issues to be addressed and
the methodology of the studies involved to ensure that
the assessment adheres to the highest standards of
quality.
``(B) Members.--The advisory panel shall consist
of--
``(i) educators, principals,
administrators, and chief executives (including
State directors of career and technical
education), with expertise in the integration
of academic and career and technical education;
``(ii) experts in evaluation, research, and
assessment;
``(iii) representatives of labor
organizations and businesses, including small
businesses, economic development entities, and
State workforce investment boards established
under section 111 of the Workforce Investment
Act of 1998 (29 U.S.C. 2821) or local workforce
investment boards;
``(iv) parents;
``(v) career guidance and academic
counseling professionals; and
``(vi) other individuals and intermediaries
with relevant expertise.
``(C) Independent analysis.--The advisory panel
shall transmit to the Secretary and to the relevant
committees of Congress an independent analysis of the
findings and recommendations resulting from the
assessment described in paragraph (3).
``(D) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the panel established
under this paragraph.'';
(B) in paragraph (3)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--From amounts made available
under subsection (d), the Secretary shall provide for
the conduct of an independent evaluation and assessment
of career and technical education programs under this
Act, including the implementation of the Carl D.
Perkins Career and Technical Education Improvement Act
of 2005, to the extent practicable, through studies and
analyses conducted independently through grants,
contracts, and cooperative agreements that are awarded
on a competitive basis.'';
(ii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) the preparation and qualifications
of teachers and faculty of career and technical
education, as well as shortages of such
teachers and faculty;'';
(II) by striking clause (v) and
inserting the following:
``(v) academic and career and technical
education achievement and employment outcomes
of career and technical education students,
including analyses of--
``(I) the number of career and
technical education students and tech-
prep students who meet the State
adjusted levels of performance
established under section 113;
``(II) the extent and success of
integration of challenging academic and
career and technical education for
students participating in career and
technical education programs;
``(III) the extent to which career
and technical education programs
prepare students, including special
populations, for subsequent employment
in high skill, high wage occupations,
or participation in postsecondary
education; and
``(IV) the number of career and
technical education students receiving
a high school diploma;'';
(III) in clause (vi), by inserting
``, and career and technical education
students' preparation for employment''
after ``programs''; and
(IV) in clause (viii), by inserting
``and local'' after ``State'' both
places such term appears; and
(iii) in subparagraph (C)--
(I) in clause (i)--
(aa) by striking
``Committee on Education'' and
all that follows through
``Senate'' and inserting
``relevant committees of
Congress''; and
(bb) by striking ``2002''
both places it appears and
inserting ``2009''; and
(II) in clause (ii), by striking
``Committee on Education'' and all that
follows through ``Senate'' and
inserting ``relevant committees of
Congress'';
(C) in paragraph (4)(B), by striking ``Committee on
Education'' and all that follows through ``Senate'' and
inserting ``relevant committees of Congress'';
(D) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``higher education''
and all that follows through
``centers'' and inserting ``higher
education offering comprehensive
graduate programs in career and
technical education that shall be the
primary recipient and shall collaborate
with a public or private nonprofit
organization or agency, or a consortium
of such institutions, organizations, or
agencies, to establish a national
research center'';
(II) in clause (i)--
(aa) by inserting ``and
evaluation'' after ``to carry
out research''; and
(bb) by inserting ``,
including special
populations,'' after
``participants'';
(III) by redesignating clauses
(ii), (iii), and (iv), as clauses
(iii), (iv), and (v), respectively;
(IV) by inserting after clause (i)
the following:
``(ii) to carry out research for the
purpose of developing, improving, and
identifying the most successful methods for
successfully addressing the needs of employers
in high skill, high wage business and industry,
including evaluation and scientifically based
research of--
``(I) collaboration between career
and technical education programs and
business and industry;
``(II) academic and technical
skills required to respond to the
challenge of a global economy and rapid
technological changes; and
``(III) technical knowledge and
skills required to respond to needs of
a regional or sectoral workforce,
including small business;'';
(V) in clause (iii) (as
redesignated by subclause (III) of this
clause), by inserting ``that are
integrated with challenging academic
instruction'' before ``, including'';
and
(VI) by striking clause (iv) (as
redesignated by subclause (III) of this
clause) and inserting the following:
``(iv) to carry out scientifically based
research, where appropriate, that can be used
to improve preparation and professional
development of teachers, faculty, principals,
and administrators and student learning in the
career and technical education classroom,
including--
``(I) effective in-service and pre-
service teacher and faculty education
that assists career and technical
education programs in--
``(aa) integrating those
programs with academic content
standards and student academic
achievement standards, as
adopted by States under section
1111(b)(1) of the Elementary
and Secondary Education Act of
1965; and
``(bb) promoting technical
education aligned with
industry-based standards and
certifications to meet regional
industry needs;
``(II) dissemination and training
activities related to the applied
research and demonstration activities
described in this subsection, which may
also include serving as a repository
for information on career and technical
education skills, State academic
standards, and related materials; and
``(III) the recruitment and
retention of career and technical
education teachers, faculty,
counselors, principals, and
administrators, including individuals
in groups underrepresented in the
teaching profession; and'';
(ii) in subparagraph (B)--
(I) by striking ``or centers'' both
places the term appears; and
(II) by striking ``Committee on
Education'' and all that follows
through ``Senate'' and inserting
``relevant committees of Congress'';
(iii) in subparagraph (C), by striking ``or
centers''; and
(iv) by adding at the end the following:
``(D) Independent governing board.--
``(i) In general.--An institution of higher
education that desires a grant, contract, or
cooperative agreement under this paragraph
shall identify, in its application, an
independent governing board for the center
established pursuant to this paragraph.
``(ii) Members.--The independent governing
board shall consist of the following:
``(I) Two representatives of
secondary career and technical
education.
``(II) Two representatives of
postsecondary career and technical
education.
``(III) Two representatives of
eligible agencies.
``(IV) Two representatives of
business and industry.
``(V) Two representatives of career
and technical teacher preparation
institutions.
``(VI) Two nationally recognized
researchers in the field of career and
technical education.
``(iii) Coordination.--The independent
governing board shall ensure that the research
and dissemination activities carried out by the
center are coordinated with the research
activities carried out by the Secretary.'';
(E) in paragraph (6)(B)(ii), by striking ``or
centers''; and
(F) by striking paragraph (8); and
(4) by adding at the end the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2006 through 2011.''.
SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS.
Section 115 (20 U.S.C. 2325) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the Republic of the Marshall Islands, the
Federated States of Micronesia,'';
(B) in paragraph (1), by striking ``training and
retraining;'' and inserting ``preparation;'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the following:
``(2) professional development for teachers, faculty,
principals, and administrators;''; and
(3) in subsection (d)--
(A) by striking ``the Republic of the Marshall
Islands, the Federated States of Micronesia, and''; and
(B) by striking ``2001'' and inserting ``2007''.
SEC. 107. NATIVE AMERICAN PROGRAM.
Section 116 (20 U.S.C. 2326) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (a)(5), by adding a period at the end;
(3) in subsection (b)--
(A) in paragraph (1), by striking ``(d)'' and
inserting ``(c)''; and
(B) in paragraph (2), by striking ``(other than in
subsection (i))'';
(4) in subsection (d), by striking ``section an'' and
inserting ``section, an'';
(5) in subsection (e), by striking ``paragraph'' and
inserting ``section''; and
(6) in subsection (h), by striking ``which are recognized
by the Governor of the State of Hawaii''.
SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.
Section 117 (20 U.S.C. 2327) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.'';
(2) by striking ``vocational'' each place the term appears
and inserting ``career'';
(3) in subsection (g)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``On an annual basis, the Secretary'';
(B) in paragraph (2)(B), by striking ``2000'' and
inserting ``2007''; and
(C) in paragraph (3)(C), by striking ``beginning''
and all that follows through the period and inserting
``beginning on the date of enactment of the Carl D.
Perkins Career and Technical Education Improvement Act
of 2005.'';
(4) by redesignating subsections (h) and (i) as subsections
(j) and (k), respectively;
(5) by inserting after subsection (g) the following:
``(h) Appeals.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall provide a tribally controlled postsecondary career and
technical institution with a hearing on the record before an
administrative law judge with respect to the following
determinations:
``(A) A determination that such institution is not
eligible for a grant under this section.
``(B) A determination regarding the calculation of
the amount of a grant awarded under this section.
``(2) Procedure for appeal.--To appeal a determination
described in paragraph (1), a tribally controlled postsecondary
career and technical institution shall--
``(A) in the case of an appeal based on a
determination that such institution is not eligible for
a grant under this section, file a notice of appeal
with the Secretary not later than 30 days after receipt
of such determination; and
``(B) in the case of an appeal based on a
determination regarding the calculation of the amount
of a grant awarded under this section--
``(i) file a notice of appeal with the
Secretary not later than 30 days after receipt
of the Secretary's notification of the grant
amount; and
``(ii) identify the amount of funding that
gives rise to such appeal.
``(3) Withholding of amount.--If a tribally controlled
postsecondary career and technical institution appeals a
determination described in paragraph (1), the Secretary shall
withhold the amount in dispute from the award of grant funds
under this section until such time as the administrative law
judge has issued a written decision on the appeal.
``(i) Restricted Indirect Cost.--Notwithstanding any other
provision of law, the Secretary shall not request the use of a
restricted indirect cost rate for grants awarded under this section.'';
and
(6) by striking subsection (k) (as redesignated by
paragraph (4) of this section) and inserting the following:
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2006
and such sums as may be necessary for each of the 5 succeeding fiscal
years.''.
SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118 (20 U.S.C. 2328) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``(f)'' and inserting ``(g)'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking
``(b)'' both places it appears and inserting
``(c)'';
(ii) in subparagraph (B), by striking
``(b)'' and inserting ``(c)''; and
(iii) in subparagraph (C), by striking
``(b)'' and inserting ``(c)''; and
(C) in paragraph (2), by striking ``(b)'' both
places it appears and inserting ``(c)'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) State Application.--
``(1) In general.--Each State desiring assistance under
this section shall submit an application to the Secretary at
the same time the State submits its State plan under section
122, in such manner, and accompanied by such additional
information, as the Secretary may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of how the State entity
designated in subsection (c) will provide information
based on labor market trends to inform program
development; and
``(B) information about the academic content
standards and student academic achievement standards
adopted by the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965.'';
(4) in subsection (c) (as redesignated by paragraph (2) of
this section)--
(A) in paragraph (1), by striking ``individuals''
and all that follows through the semicolon and
inserting ``students and parents, including
postsecondary education and training, including
academic and technical preparation for high skill, high
wage, or high demand occupations and nontraditional
fields in emerging or established professions;'';
(B) in paragraph (2), by inserting ``academic and
career and technical'' after ``relate'';
(C) by striking paragraph (3) and inserting the
following:
``(3) to equip teachers, faculty, administrators, and
counselors with the knowledge, skills, and occupational
information needed to assist parents and all students,
especially special populations underrepresented in certain
careers, with career exploration, educational opportunities,
education financing, and exposure to high skill, high wage, or
high demand occupations and nontraditional fields, including
occupations and fields requiring a baccalaureate degree;'';
(D) in paragraph (4), by striking ``such
entities;'' and inserting ``such entities, with an
emphasis on high skill, high wage, or high demand
occupations in emerging or established professions;'';
(E) in paragraph (5), by striking ``and'' after the
semicolon;
(F) in paragraph (6), by striking the period and
inserting ``; and''; and
(G) by adding at the end the following:
``(7) to provide information, if available, for each
occupation, on--
``(A) the average earnings of an individual in the
occupation at entry level and after 5 years of
employment;
``(B) the expected lifetime earnings; and
``(C) the expected future demand for the
occupation, based on employment projections.'';
(5) in subsection (d)(1) (as redesignated by paragraph (2)
of this section), by striking ``(b)'' both places it appears
and inserting ``(c)'';
(6) in subsection (e)(1) (as redesignated by paragraph (2)
of this section), by striking ``(b)'' and inserting ``(c)'';
(7) in subsection (f)(1) (as redesignated by paragraph (2)
of this section), by striking ``an identification'' and
inserting ``a description''; and
(8) in subsection (g) (as redesignated by paragraph (2) of
this section), by striking ``1999 through 2003'' and inserting
``2006 through 2011''.
SEC. 110. STATE ADMINISTRATION.
Section 121 (20 U.S.C. 2341) is amended--
(1) by redesignating subsection (a)(2) as subsection (b)
and indenting appropriately;
(2) by redesignating subparagraphs (A) through (D) of
subsection (a)(1) as paragraphs (1) through (4), respectively,
and indenting appropriately;
(3) by redesignating clauses (i) and (ii) of paragraph (4)
(as redesignated by paragraph (2) of this section) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) by striking the following:
``(a) Eligible Agency Responsibilities.--
``(1) In general.--The responsibilities'' and inserting the
following:
``(a) Eligible Agency Responsibilities.--The responsibilities'';
(5) in subsection (a)(1) (as redesignated by paragraph (2)
of this section), by striking ``training and employment'' and
inserting ``fields'';
(6) in subsection (a)(2) (as redesignated by paragraph (2)
of this section)--
(A) by inserting ``teacher and faculty preparation
programs,'' after ``teachers,''; and
(B) by inserting ``all types and sizes of'' after
``representatives of''; and
(7) in subsection (b) (as redesignated by paragraph (1) of
this section), by striking ``paragraph (1)'' and inserting
``subsection (a)''.
SEC. 111. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``5'' and inserting ``6'';
and
(ii) by adding at the end the following:
``Each eligible agency may submit a transition
plan during the first full year of
implementation of this Act after the date of
enactment of the Carl D. Perkins Career and
Technical Education Improvement Act of 2005.
The transition plan shall fulfill the eligible
agency's State plan submission obligation under
this section.''; and
(B) in paragraph (2)(B), by striking ``5 year State
plan'' and inserting ``6-year period'';
(3) by striking subsection (b)(1) and inserting the
following:
``(1) In general.--The eligible agency shall develop the
State plan in consultation with academic and career and
technical education teachers, faculty, principals, and
administrators, career guidance and academic counselors,
eligible recipients, parents, students, the State tech-prep
coordinator and representatives of tech-prep consortia (if
applicable), the lead State agency officials with
responsibility for the programs and activities that are
described in section 121(b) of the Workforce Investment Act of
1998 (29 U.S.C. 2841(b)) and carried out by one-stop partners,
the State workforce investment board, interested community
members (including parent and community organizations),
representatives of special populations, representatives of
business and industry (including representatives of small
business and economic development entities), and
representatives of labor organizations in the State, and shall
consult the Governor of the State with respect to such
development.'';
(4) by striking subsection (c) and inserting the following:
``(c) Plan Contents.--The State plan shall include information
that--
``(1) describes the career and technical education
activities to be assisted that are designed to meet or exceed
the State adjusted levels of performance, including a
description of--
``(A) how the eligible agency will support eligible
recipients in developing or implementing career
pathways for career and technical education content
areas that are designed to meet relevant workforce
needs, including how the eligible agency will--
``(i) support eligible recipients in
developing articulation agreements between
secondary and postsecondary institutions;
``(ii) support eligible recipients in using
labor market information to identify career
pathways that prepare individuals for high
skill, high wage, or high demand occupations;
``(iii) make available information about
career pathways offered by eligible recipients;
and
``(iv) consult with business and industry
and use industry-recognized standards and
assessments, if appropriate;
``(B) the secondary and postsecondary career and
technical education programs to be carried out,
including programs that will be carried out by the
eligible agency to develop, improve, and expand access
to quality technology in career and technical education
programs;
``(C) the criteria that will be used by the
eligible agency to approve eligible recipients for
funds under this title, including criteria to assess
the extent to which the local plan will--
``(i) promote higher levels of academic
achievement;
``(ii) promote higher levels of technical
skill attainment; and
``(iii) identify and address workforce
needs;
``(D) how programs at the secondary level will
prepare career and technical education students,
including special populations to graduate from high
school with a diploma;
``(E) how such programs will prepare career and
technical education students, including special
populations, both academically and technically, for
opportunities in postsecondary education or entry into
high skill, high wage, or high demand occupations in
emerging or established occupations, and how
participating students will be made aware of such
opportunities; and
``(F) how funds will be used to improve or develop
new career and technical education courses in high
skill, high wage, or high demand occupations that are
aligned with business needs and industry standards, as
appropriate--
``(i) at the secondary level that are
aligned with challenging academic content
standards and student academic achievement
standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965; and
``(ii) at the postsecondary level that are
relevant and challenging;
``(2) describes how career and technical education
teachers, faculty, principals, administrators, and career
guidance and academic counselors will be provided comprehensive
initial preparation and professional development, including
through programs and activities that--
``(A) promote the integration of challenging
academic curricula and career and technical education
curricula, including opportunities for teachers to
jointly develop and implement curriculum and
pedagogical strategies with appropriate academic
teachers;
``(B) increase the academic and career and
technical education knowledge of career and technical
education teachers and faculty;
``(C) are high-quality, sustained, intensive,
focused on instruction, directly related to industry
standards, and includes structured induction and
mentoring components for new personnel, with an
emphasis on identifying and addressing the needs of
local businesses, including small businesses;
``(D) ensure an increasing number of career and
technical education teachers and faculty meet teacher
certification and licensing requirements reflecting the
needs of their subject area or areas;
``(E) equip career and technical education
teachers, faculty, principals, administrators, and
career guidance and academic counselors with the
knowledge and skills needed to work with and improve
instruction for special populations;
``(F) assist in accessing and utilizing data,
including labor market indicators, student achievement,
and assessments;
``(G) enhance the leadership capacity of principals
and administrators;
``(H) are integrated with professional development
activities that the State carries out under title II of
the Elementary and Secondary Education Act of 1965 and
title II of the Higher Education Act of 1965; and
``(I) include strategies to expose all career and
technical education students to comprehensive
information regarding career options that lead to high
skill, high wage, or high demand occupations and
nontraditional fields;
``(3) describes efforts to improve--
``(A) the recruitment and retention of career and
technical education teachers, faculty, counselors,
principals, and administrators, including individuals
in groups underrepresented in the teaching profession;
and
``(B) the transition to teaching from business and
industry, including small business;
``(4) describes efforts to improve the capacity of programs
and faculty at postsecondary institutions to effectively
prepare career and technical education personnel, including, as
appropriate, through electronically delivered distance
education, and articulation agreements between 2-year technical
programs and postsecondary education programs;
``(5) describes efforts to facilitate the transition of
sub-baccalaureate career and technical education students into
baccalaureate degree programs, including--
``(A) statewide articulation agreements between
sub-baccalaureate career and technical education
programs and baccalaureate degree programs;
``(B) postsecondary dual and concurrent enrollment
programs;
``(C) academic and financial aid counseling; and
``(D) other initiatives to encourage the pursuit of
a baccalaureate degree and to overcome barriers to
participation in baccalaureate degree programs,
including geographic and other barriers affecting rural
students and special populations;
``(6) describes how the eligible agency will actively
involve parents, academic and career and technical education
teachers, faculty, principals, and administrators, career
guidance and academic counselors, local businesses (including
small- and medium-sized businesses and business
intermediaries), State workforce investment boards, local
workforce investment boards, economic development entities, and
labor organizations in the planning, development,
implementation, and evaluation of such career and technical
education programs;
``(7) describes how funds received by the eligible agency
through the allotment made under section 111 will be
allocated--
``(A) among secondary school career and technical
education, or postsecondary and adult career and
technical education, or both, including the rationale
for such allocation; and
``(B) among any consortia that will be formed among
secondary schools and eligible institutions, and how
funds will be allocated among the members of the
consortia, including the rationale for such allocation;
``(8) describes how the eligible agency will--
``(A) use funds to improve or develop new career
and technical education courses in high skill, high
wage, or high demand occupations--
``(i) at the secondary level that are
aligned with challenging academic content
standards and student academic achievement
standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965; and
``(ii) at the postsecondary level that are
challenging and aligned with business needs and
industry standards, as appropriate;
``(B) improve the academic and technical skills of
students participating in career and technical
education programs, including strengthening the
academic, and career and technical, components of
career and technical education programs through the
integration of academics with career and technical
education to ensure learning in the core academic
subjects and career and technical education subjects,
and provide students with strong experience in, and
understanding of, all aspects of an industry;
``(C) ensure that students who participate in such
career and technical education programs are taught to
the same challenging academic proficiencies as are
taught to all other students; and
``(D) encourage secondary school students who
participate in such career and technical education
programs to enroll in challenging courses in core
academic subjects;
``(9) describes how the eligible agency will annually
evaluate the effectiveness of such career and technical
education programs, and describes, to the extent practicable,
how the eligible agency is coordinating such programs to
promote relevant lifelong learning and ensure nonduplication
with other existing Federal programs;
``(10) describes the eligible agency's program strategies
for special populations, including a description of how
individuals who are members of the special populations--
``(A) will be provided with equal access to
activities assisted under this title;
``(B) will not be discriminated against on the
basis of their status as members of the special
populations; and
``(C) will be provided with programs designed to
enable the special populations to meet or exceed State
adjusted levels of performance, and prepare special
populations for further learning and for high skill,
high wage, or high demand occupations;
``(11) how the eligible agency will collaborate in
developing the State plan with--
``(A) the entity within the State with
responsibility for elementary and secondary education;
``(B) the entity within the State with
responsibility for public institutions engaged in
postsecondary education;
``(C) State institutions such as State correctional
institutions and institutions that serve individuals
with disabilities; and
``(D) all other relevant State agencies with
responsibility for career and technical education and
training investment, and economic and workforce
development;
``(12) describes what steps the eligible agency will take
to involve representatives of eligible recipients in the
development of the State adjusted levels of performance;
``(13) provides assurances that the eligible agency will
comply with the requirements of this title and the provisions
of the State plan, including the provision of a financial audit
of funds received under this title which may be included as
part of an audit of other Federal or State programs;
``(14) provides assurances that none of the funds expended
under this title will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
``(15) describes how the eligible agency will measure and
report data relating to students participating in and
completing career and technical education within specific
career clusters in order to adequately measure the progress of
the students, including special populations, at--
``(A) the secondary level, disaggregated by the
categories described in section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965, except
that such disaggregation shall not be required in a
case in which the number of individuals in a category
is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual; and
``(B) the postsecondary level, disaggregated by
special populations, except that such disaggregation
shall not be required in a case in which the number of
individuals in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual;
``(16) describes how the eligible agency will adequately
address the needs of students in alternative education
programs, if appropriate;
``(17) describes how the eligible agency will provide local
educational agencies, area career and technical education
schools, and eligible institutions in the State with technical
assistance;
``(18) describes how career and technical education relates
to State and regional occupational opportunities;
``(19) describes the methods proposed for the joint
planning and coordination of programs carried out under this
title with other Federal education and workforce investment
programs;
``(20) describes how funds will be used to promote
preparation for high skill, high wage, or high demand
occupations and nontraditional fields in emerging and
established professions;
``(21) describes how funds will be used to serve
individuals in State correctional institutions;
``(22) describes how the eligible agency will ensure that
the data reported to the eligible agency from local educational
agencies and eligible institutions under this title and the
data the eligible agency reports to the Secretary are complete,
accurate, and reliable; and
``(23) contains the description and information specified
in sections 112(b)(8) and 121(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2822(b)(8) and 2841(c)) concerning the
provision of services only for postsecondary students and
school dropouts.'';
(5) by striking subsection (d) and inserting the following:
``(d) Plan Options.--
``(1) Single plan.--The eligible agency may fulfill the
plan or application submission requirements of this section,
section 118(b), and section 141(c) by submitting a single State
plan. In such plan, the eligible agency may allow eligible
recipients to fulfill the plan or application submission
requirements of section 134 and subsections (a) and (b) of
section 143 by submitting a single local plan.
``(2) Plan submitted as part of 501 plan.--The eligible
agency may submit the plan required under this section as part
of the plan submitted under section 501 of the Workforce
Investment Act of 1998 (20 U.S.C. 9271), if the plan submitted
pursuant to the requirement of this section meets the
requirements of this Act.''; and
(6) by striking subsection (f).
SEC. 112. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended to read as follows:
``SEC. 123. IMPROVEMENT PLANS.
``(a) State Program Improvement Plan.--
``(1) Plan.--If a State fails to meet the State adjusted
levels of performance described in the report submitted under
section 113(c), the eligible agency shall develop and implement
a program improvement plan in consultation with the appropriate
agencies, individuals, and organizations for the first program
year succeeding the program year in which the eligible agency
failed to meet the State adjusted levels of performance, in
order to avoid a sanction under paragraph (3).
``(2) Technical assistance.--If the Secretary determines
that an eligible agency is not properly implementing the
eligible agency's responsibilities under section 122, or is not
making substantial progress in meeting the purpose of this Act,
based on the State's adjusted levels of performance, the
Secretary shall work with the eligible agency to implement
improvement activities consistent with the requirements of this
Act.
``(3) Failure.--
``(A) In general.--If an eligible agency fails to
meet the State adjusted levels of performance, has not
implemented an improvement plan as described in
paragraph (1), has shown no improvement within 1 year
after implementing an improvement plan as described in
paragraph (1), or has failed to meet more than 1 of the
State adjusted levels of performance for the same
performance indicator for 2 or more consecutive years,
the Secretary may, after notice and opportunity for a
hearing, withhold from the eligible agency all, or a
portion of, the eligible agency's allotment under this
title.
``(B) Waiver for exceptional circumstances.--The
Secretary may waive the sanction in subparagraph (A)
due to exceptional or uncontrollable circumstances such
as a natural disaster or a precipitous and unforeseen
decline in financial resources of the State.
``(4) Funds resulting from reduced allotments.--
``(A) In general.--The Secretary shall use funds
withheld under paragraph (3) for a State served by an
eligible agency, to provide (through alternative
arrangements) services and activities within the State
to meet the purposes of this Act.
``(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under paragraph (3),
then the amount of funds retained by the Secretary as a
result of a reduction in an allotment made under
paragraph (3) shall be redistributed to other eligible
agencies in accordance with section 111.
``(b) Local Program Improvement.--
``(1) Local evaluation.--Each eligible agency shall
evaluate annually, using the local adjusted levels of
performance described in section 113(b)(4), the career and
technical education activities of each eligible recipient
receiving funds under this title.
``(2) Plan.--
``(A) In general.--If, after reviewing the
evaluation, the eligible agency determines that an
eligible recipient is not making substantial progress
in achieving the local adjusted levels of performance,
the eligible agency shall--
``(i) conduct an assessment of the
educational needs that the eligible recipient
shall address to overcome local performance
deficiencies, including the performance of
special populations;
``(ii) enter into an improvement plan with
an eligible recipient based on the results of
the assessment, for the first program year
succeeding the program year in which the
eligible recipient failed to meet the local
adjusted levels of performance, which plan
shall demonstrate how the local performance
deficiencies will be corrected and include
instructional and other programmatic
innovations of demonstrated effectiveness, and,
where necessary, strategies for appropriate
staffing and professional development; and
``(iii) conduct regular evaluations of the
progress being made toward reaching the local
adjusted levels of performance, as described in
section 113(b)(4), and progress on implementing
the improvement plan.
``(B) Consultation.--The eligible agency shall
conduct the activities described in subparagraph (A) in
consultation with teachers, principals, administrators,
faculty, parents, other school staff, appropriate
agencies, and other appropriate individuals and
organizations.
``(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities under
section 134, or is not making substantial progress in meeting
the purpose of this Act, based on the local adjusted levels of
performance, the eligible agency shall provide technical
assistance to the eligible recipient to assist the eligible
recipient in carrying out the improvement activities consistent
with the requirements of this Act. An eligible recipient, in
collaboration with the eligible agency, may request that the
Secretary provide additional technical assistance.
``(4) Failure.--
``(A) In general.--If an eligible recipient fails
to meet the local adjusted levels of performance as
described in section 113(b)(4) and has not implemented
an improvement plan as described in paragraph (2), has
shown no improvement within 1 year after implementing
an improvement plan as described in paragraph (2), or
has failed to meet more than 1 of the local adjusted
levels of performance for the same performance
indicator for 2 or more consecutive years, the eligible
agency may, after notice and opportunity for a hearing,
withhold from the eligible recipient all, or a portion
of, the eligible recipient's allotment under this
title.
``(B) Waiver for exceptional circumstances.--The
eligible agency may waive the sanction under this
paragraph due to exceptional or uncontrollable
circumstances such as organizational structure, or a
natural disaster or a precipitous and unforeseen
decline in financial resources of the eligible
recipient.
``(5) Funds resulting from reduced allotments.--The
eligible agency shall use funds withheld under paragraph (4) to
provide (through alternative arrangements) services and
activities to students within the area served by such recipient
to meet the purpose of this Act.''.
SEC. 113. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) in subsection (a), by striking ``112(a)(2)'' and
inserting ``112(a)(2)(A)'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``further
learning'' and all that follows through the semicolon
and inserting ``further education, further training, or
for high skill, high wage, or high demand
occupations;'';
(B) in paragraph (2), by striking subparagraphs (A)
through (C) and inserting the following:
``(A) training of career and technical education
teachers, faculty, principals, career guidance and
academic counselors, and administrators to use
technology, including distance learning;
``(B) encouraging schools to work with technology
industries to offer voluntary internships and mentoring
programs; or
``(C) encouraging lifelong learning, including
through partnerships that may involve institutions of
higher education, organizations providing career and
technical education, businesses, workforce investment
entities, and communications entities;'';
(C) by striking paragraph (3) and inserting the
following:
``(3) professional development programs, including
providing comprehensive professional development (including
initial teacher preparation) for career and technical education
teachers, faculty, principals, administrators, and career
guidance and academic counselors at the secondary and
postsecondary levels, that support activities described in
section 122 and--
``(A) provide in-service and pre-service training
in career and technical education programs and
techniques, effective teaching skills based on
promising practices and, where available and
appropriate, scientifically based research, and
effective practices to improve parental and community
involvement;
``(B) improve student achievement in order to meet
the State adjusted levels of performance established
under section 113;
``(C) support education programs for teachers and
faculty of career and technical education in public
schools and other public school personnel who are
involved in the direct delivery of educational services
to career and technical education students to ensure
that such personnel--
``(i) stay current with the needs,
expectations, and methods of industry;
``(ii) can effectively develop challenging,
integrated academic and career and technical
education curriculum jointly with academic
teachers, to the extent practicable; and
``(iii) develop a higher level of academic
and industry knowledge and skills in career and
technical education; and
``(D) are integrated with the teacher certification
or licensing and professional development activities
that the State carries out under title II of the
Elementary and Secondary Education Act of 1965 and
title II of the Higher Education Act of 1965;'';
(D) in paragraph (4), by striking ``support for''
and inserting ``supporting'';
(E) in paragraph (5), by striking ``nontraditional
training and employment'' and inserting
``nontraditional fields in emerging and established
professions, and other activities that expose students,
including special populations, to high skill, high wage
occupations'';
(F) in paragraph (6)--
(i) by inserting ``intermediaries,'' after
``labor organizations,''; and
(ii) by inserting ``, or complete career
pathways, as described in section
122(c)(1)(A)'' after ``skills'';
(G) in paragraph (7), by striking ``and'' after the
semicolon;
(H) in paragraph (8), by striking ``wage careers.''
and inserting ``wage, or high demand occupations;
and''; and
(I) by adding at the end the following:
``(9) technical assistance for eligible recipients.'';
(4) by striking subsection (c) and inserting the following:
``(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
``(1) improvement of career guidance and academic
counseling programs that assist students in making informed
academic, and career and technical education, decisions,
including encouraging secondary and postsecondary students to
graduate with a diploma or degree, and expose students to high
skill, high wage occupations and nontraditional fields in
emerging and established professions;
``(2) establishment of agreements, including articulation
agreements, between secondary and postsecondary career and
technical education programs in order to provide postsecondary
education and training opportunities for students participating
in such career and technical education programs, such as tech-
prep programs;
``(3) support for initiatives to facilitate the transition
of sub-baccalaureate career and technical education students
into baccalaureate degree programs, including--
``(A) statewide articulation agreements between
sub-baccalaureate degree granting career and technical
postsecondary educational institutions and
baccalaureate degree granting postsecondary educational
institutions;
``(B) postsecondary dual and concurrent enrollment
programs;
``(C) academic and financial aid counseling; and
``(D) other initiatives--
``(i) to encourage the pursuit of a
baccalaureate degree; and
``(ii) to overcome barriers to
participation in baccalaureate degree programs,
including geographic and other barriers
affecting rural students and special
populations;
``(4) support for career and technical student
organizations, especially with respect to efforts to increase
the participation of students who are members of special
populations;
``(5) support for public charter schools operating
secondary career and technical education programs;
``(6) support for career and technical education programs
that offer experience in, and understanding of, all aspects of
an industry for which students are preparing to enter;
``(7) support for family and consumer sciences programs;
``(8) support for partnerships between education and
business or business intermediaries, including cooperative
education and adjunct faculty arrangements at the secondary and
postsecondary levels;
``(9) support to improve or develop new career and
technical education courses and initiatives, including career
clusters, career academies, and distance learning, that prepare
individuals academically and technically for high skill, high
wage, or high demand occupations;
``(10) awarding incentive grants to eligible recipients for
exemplary performance in carrying out programs under this Act,
which awards shall be based on local performance indicators, as
described in section 113, in accordance with previously
publicly disclosed priorities;
``(11) providing career and technical education programs
for adults and school dropouts to complete their secondary
school education, in coordination, to the extent practicable,
with activities authorized under title II of the Workforce
Investment Act of 1998 (20 U.S.C. 9201 et seq.);
``(12) providing assistance to individuals, who have
participated in services and activities under this title, in
finding an appropriate job and continuing their education or
training through collaboration with the workforce investment
system established under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.);
``(13) developing valid and reliable assessments of
technical skills that are integrated with industry
certification assessments where available;
``(14) developing and enhancing data systems to collect and
analyze data on secondary and postsecondary academic and
employment outcomes;
``(15) improving--
``(A) the recruitment and retention of career and
technical education teachers, faculty, principals,
administrators, and career guidance and academic
counselors, including individuals in groups
underrepresented in the teaching profession; and
``(B) the transition to teaching from business and
industry, including small business; and
``(16) adopting, calculating, or commissioning a self-
sufficiency standard.''; and
(5) in subsection (d), by striking ``112(a)(2)'' and
inserting ``112(a)(2)(A)''.
SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (i) as
subsections (a) through (h), respectively;
(4) in subsection (a) (as redesignated by paragraph (3) of
this section)--
(A) in the subsection heading, by striking
``Special Distribution Rules for Succeeding Fiscal
Years'' and inserting ``Distribution Rules''; and
(B) by striking ``for fiscal year 2000 and
succeeding fiscal years'';
(5) in subsection (b) (as redesignated by paragraph (3) of
this section)--
(A) by striking ``subsection (b)'' and inserting
``subsection (a)''; and
(B) in paragraph (1), by striking ``9902(2))'' and
inserting ``9902(2)))'';
(6) in subsection (e) (as redesignated by paragraph (3) of
this section), in the subsection heading, by striking
``Vocational'' and inserting ``Career''; and
(7) in subsection (g) (as redesignated by paragraph (3) of
this section), by striking ``subsections (a), (b), (c), and
(d)'' and inserting ``subsections (a), (b), and (c)''.
SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND TECHNICAL
EDUCATION PROGRAMS.
Section 132 (20 U.S.C. 2352) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY CAREER AND
TECHNICAL EDUCATION PROGRAMS.'';
and
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``for career and
technical education programs leading to a technical
skill proficiency, an industry-recognized credential, a
certificate, or an associate's degree'' before the
period; and
(B) in paragraph (2), by inserting ``leading to a
technical skill proficiency, an industry-recognized
credential, a certificate, or an associate's degree
and'' after ``enrolled in programs''.
SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
Section 133 (20 U.S.C. 2353) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.'';
and
(2) by striking ``vocational'' each place such term appears
and inserting ``career''.
SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.'';
(2) in subsection (a), by inserting ``and workforce
investment'' after ``such other educational''; and
(3) in subsection (b), by striking paragraphs (1) through
(10) and inserting the following:
``(1) describe how the career and technical education
programs required under section 135(b) will be carried out with
funds received under this title;
``(2) describe how the career and technical education
activities will be carried out with respect to meeting State
and local adjusted levels of performance established under
section 113;
``(3) describe how the eligible recipient will--
``(A) offer the appropriate courses of not less
than 1 of the career pathways described in section
122(c)(1)(A);
``(B) improve the academic and technical skills of
students participating in career and technical
education programs by strengthening the academic and
career and technical education components of such
programs through the integration of challenging
academics with career and technical education programs
through a coherent sequence of courses to ensure
learning in the core academic subjects, and career and
technical education subjects;
``(C) provide students with strong experience in
and understanding of all aspects of an industry; and
``(D) ensure that students who participate in such
career and technical education programs are taught to
the same challenging academic proficiencies as are
taught for all other students;
``(4) describe how comprehensive professional development
will be provided that is consistent with section 122;
``(5) describe how parents, students, academic and career
and technical education teachers, faculty, principals,
administrators, career guidance and academic counselors,
representatives of tech-prep consortia (if applicable),
representatives of the local workforce investment board (if
applicable), representatives of the local economic development
entity (if applicable), representatives of business (including
small business) and industry, labor organizations,
representatives of special populations, and other interested
individuals are involved in the development, implementation,
and evaluation of career and technical education programs
assisted under this title, and how such individuals and
entities are effectively informed about, and assisted in,
understanding, the requirements of this title, including career
pathways;
``(6) provide assurances that the eligible recipient will
provide a career and technical education program that is of
such size, scope, and quality to bring about improvement in the
quality of career and technical education programs;
``(7) describe the process that will be used to evaluate
and continuously improve the performance of the eligible
recipient;
``(8) describe how the eligible recipient--
``(A) will review career and technical education
programs, and identify and adopt strategies to overcome
barriers that result in lowering rates of access to or
lowering success in the programs, for special
populations; and
``(B) will provide programs that are designed to
enable the special populations to meet the local
adjusted levels of performance and prepare for high
skill, high wage, or high demand occupations, including
those that will lead to self-sufficiency;
``(9) describe how individuals who are members of special
populations will not be discriminated against on the basis of
their status as members of the special populations;
``(10) describe how funds will be used to promote
preparation for nontraditional fields;
``(11) describe how career guidance and academic counseling
will be provided to all career and technical education
students, including linkages to the information and services
available through the one-stop delivery system established
under section 121 of the Workforce Investment Act of 1998 (29
U.S.C. 2841), as appropriate; and
``(12) describe efforts to improve the recruitment and
retention of career and technical education teachers, faculty,
counselors, principals, and administrators, including
individuals in groups underrepresented in the teaching
profession, and the transition to teaching from business and
industry.''.
SEC. 118. LOCAL USES OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended--
(1) in subsection (a), by striking ``vocational'' and
inserting ``career'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``vocational'' and inserting ``career''; and
(B) by striking paragraphs (1) through (8) and
inserting the following:
``(1) strengthen the academic and career and technical
education skills of students participating in career and
technical education programs by strengthening the academic and
career and technical education components of such programs
through the integration of academics with career and technical
education programs through a coherent sequence of courses, such
as career pathways described in section 122(c)(1)(A), to ensure
learning in the core academic subjects and career and technical
education subjects;
``(2) link secondary career and technical education and
postsecondary career and technical education, including by--
``(A) offering the relevant elements of not less
than 1 career pathway described in section
122(c)(1)(A);
``(B) developing and supporting articulation
agreements between secondary and postsecondary
institutions; or
``(C) supporting tech-prep programs and consortia;
``(3) provide students with strong experience in and
understanding of all aspects of an industry;
``(4) develop, improve, or expand the use of technology in
career and technical education, which may include--
``(A) training of career and technical education
teachers, faculty, principals, and administrators to
use technology, including distance learning; or
``(B) encouraging schools to collaborate with
technology industries to offer voluntary internships
and mentoring programs;
``(5) provide professional development programs that are
consistent with section 122 to secondary and postsecondary
teachers, faculty, principals, administrators, and career
guidance and academic counselors who are involved in integrated
career and technical education programs, including--
``(A) in-service and pre-service training--
``(i) in career and technical education
programs and techniques;
``(ii) in effective integration of
challenging academic and career and technical
education jointly with academic teachers, to
the extent practicable;
``(iii) in effective teaching skills based
on research that includes promising practices;
and
``(iv) in effective practices to improve
parental and community involvement;
``(B) support of education programs that provide
information on all aspects of an industry;
``(C) internship programs that provide relevant
business experience; and
``(D) programs dedicated to the effective use of
instructional technology;
``(6) develop and implement evaluations of the career and
technical education programs carried out with funds under this
title, including an assessment of how the needs of special
populations are being met;
``(7) initiate, improve, expand, and modernize quality
career and technical education programs, including relevant
technology;
``(8) provide services and activities that are of
sufficient size, scope, and quality to be effective; and
``(9) provide activities to prepare special populations,
including single parents and displaced homemakers (if enrolled
in the program), for high skill, high wage, or high demand
occupations, including those that will lead to self-
sufficiency.''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``vocational''
and inserting ``career''; and
(B) by striking paragraphs (2) through (15) and
inserting the following:
``(2) to provide career guidance and academic counseling
that is based on current labor market indicators, as provided
pursuant to section 118, for students participating in career
and technical education programs that--
``(A) improves graduation rates and provides
information on postsecondary and career options,
including baccalaureate degree programs, for secondary
students, which activities may include the use of
graduation and career plans; and
``(B) provides assistance for postsecondary
students, including for adult students who are changing
careers or updating skills;
``(3) for partnerships between or among the eligible
recipient and a business (including a small business or
business intermediary), a local workforce investment board, or
a local economic development entity, including for--
``(A) work-related experience for students, such as
internships, cooperative education, school-based
enterprises, entrepreneurship, and job shadowing that
are related to career and technical education programs;
``(B) adjunct faculty arrangements at the secondary
and postsecondary levels; and
``(C) industry experience for teachers and faculty;
``(4) to provide programs for special populations;
``(5) to assist career and technical student organizations;
``(6) for mentoring and support services;
``(7) for leasing, purchasing, upgrading, or adapting
instructional equipment, including support for library
resources, such as business journals, publications, and other
related resources designed to strengthen and support academic
and technical skill achievement;
``(8) for teacher preparation programs that address the
integration of academic and career and technical education and
that assist individuals who are interested in becoming career
and technical education teachers and faculty, including
individuals with experience in business and industry;
``(9) to develop and expand postsecondary program offerings
at times and in formats that are convenient and accessible for
working students, including through the use of distance
education;
``(10) to develop initiatives that facilitate the
transition of sub-baccalaureate career and technical education
students into baccalaureate degree programs, including--
``(A) articulation agreements between sub-
baccalaureate degree granting career and technical
education postsecondary educational institutions and
baccalaureate degree granting postsecondary educational
institutions;
``(B) postsecondary dual and concurrent enrollment
programs;
``(C) academic and financial aid counseling for
sub-baccalaureate career and technical education
students that inform the students of the opportunities
for pursuing a baccalaureate degree and advise the
students on how to meet any transfer requirements; and
``(D) other initiatives--
``(i) to encourage the pursuit of a
baccalaureate degree; and
``(ii) to overcome barriers to enrollment
in and completion of baccalaureate degree
programs, including geographic and other
barriers affecting rural students and special
populations;
``(11) for improving or developing new career and technical
education courses, including entrepreneurship and development
of new career pathways;
``(12) to develop and support small, personalized career-
themed learning communities;
``(13) to provide support for family and consumer sciences
programs;
``(14) to provide career and technical education programs
for adults and school dropouts to complete their secondary
school education or upgrade their technical skills;
``(15) to provide assistance to individuals who have
participated in services and activities under this title in
finding an appropriate job and continuing their education or
training through collaboration with the workforce investment
system established under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.);
``(16) to support activities in nontraditional fields, such
as mentoring and outreach; and
``(17) to support other career and technical education
activities that are consistent with the purpose of this Act.''.
SEC. 119. TECH-PREP EDUCATION.
(a) Redesignation.--Title II (20 U.S.C. 2371 et seq.) is amended--
(1) by striking the title heading and inserting the
following:
``PART D--TECH-PREP EDUCATION'';
(2) by striking sections 201, 202, 206, and 207; and
(3) by redesignating sections 203, 204, 205, and 208, as
sections 141, 142, 143, and 144, respectively.
(b) State Allotment and Application.--Section 141 (as redesignated
by subsection (a) of this section) is amended--
(1) in subsection (a), by striking ``section 206'' and
inserting ``section 144''; and
(2) by striking subsection (c) and inserting the following:
``(c) State Application.--Each eligible agency desiring assistance
under this part shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Such application shall describe how activities
under this part will be coordinated, to the extent practicable, with
activities described in section 122.''.
(c) Tech-Prep Education.--Section 142 (as redesignated by
subsection (a) of this section) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``section 203'' and
inserting ``section 141'';
(ii) by striking ``title'' and inserting
``part'';
(iii) by striking ``vocational'' both
places the term appears and inserting
``career''; and
(iv) in subparagraph (A), by inserting ``,
educational service agency,'' after
``intermediate educational agency''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'';
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) employers, including small businesses, or
business intermediaries; and
``(D) labor organizations.'';
(2) in subsection (c)--
(A) by striking paragraph (2) and inserting the
following:
``(2) consist of not less than 2 years of secondary school
with a common core of technical skills and core academic
subjects preceding graduation and 2 years or more of higher
education, or an apprenticeship program of not less than 2
years following secondary instruction, designed to lead to
technical skill proficiency, a credential, a certificate, or a
degree, in a specific career field;'';
(B) in paragraph (3)(B), by inserting ``including
through the use of articulation agreements, and'' after
``career fields,'';
(C) by striking paragraph (4) and inserting the
following:
``(4) include in-service professional development for
teachers, faculty, principals, and administrators that--
``(A) supports effective implementation of tech-
prep programs;
``(B) supports joint training in the tech-prep
consortium;
``(C) supports the needs, expectations, and methods
of business and all aspects of an industry;
``(D) supports the use of contextual and applied
curricula, instruction, and assessment;
``(E) supports the use and application of
technology; and
``(F) assists in accessing and utilizing data,
including labor market indicators, achievement, and
assessments;'';
(D) in paragraph (5)--
(i) by striking ``training'' and inserting
``professional development'';
(ii) in subparagraph (B), by inserting ``,
which may include through the use of graduation
and career plans'' after ``programs'';
(iii) in subparagraph (D), by striking
``and'';
(iv) in subparagraph (E), by inserting
``and'' after the semicolon; and
(v) by adding at the end the following:
``(F) provide comprehensive career guidance and
academic counseling to participating students,
including special populations;'';
(E) in paragraph (6)--
(i) by inserting ``(including pre-
apprenticeship programs)'' after ``programs'';
and
(ii) by striking ``and'' after the
semicolon;
(F) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(G) by adding at the end the following:
``(8) coordinate with activities conducted under this
title.''; and
(3) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) improve career guidance and academic counseling for
participating students through the development and
implementation of graduation and career plans; and
``(5) develop curriculum that supports effective
transitions between secondary and postsecondary career and
technical education programs.''.
(d) Consortium Applications.--Section 143 (as redesignated by
subsection (a) of this section) is amended--
(1) in subsection (a), by striking ``title'' and inserting
``part'';
(2) in subsection (b)--
(A) by striking ``5'' and inserting ``6''; and
(B) by striking ``title'' and inserting ``part'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``or advanced''
after ``baccalaureate'';
(B) by striking paragraph (4) and inserting the
following:
``(4) provide education and training in areas or skills,
including emerging technology, in which there are significant
workforce shortages based on the data provided by the entity in
the State under section 118;'';
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) demonstrate success in, or provide assurances of,
coordination and integration with eligible recipients described
in part C.''; and
(4) in subsection (e), by striking ``title'' and inserting
``part''.
(e) Authorization of Appropriations.--Section 144 (as redesignated
by subsection (a) of this section) is amended--
(1) by striking ``title (other than section 207)'' and
inserting ``part''; and
(2) by striking ``1999 and each of the 4'' and inserting
``2006 and each of the 5''.
TITLE II--GENERAL PROVISIONS
SEC. 201. REDESIGNATION OF TITLE.
(a) Federal Administrative Provisions.--Title III (20 U.S.C. 2391
et seq.) is amended by redesignating sections 311 through 318 as
sections 211 through 218, respectively.
(b) State Administrative Provisions.--Title III (20 U.S.C. 2391 et
seq.) is amended by redesignating sections 321 through 325 as sections
221 through 225, respectively.
(c) Title Heading.--The title heading of title III (20 U.S.C. 2391
et seq.) is amended to read as follows:
``TITLE II--GENERAL PROVISIONS''.
SEC. 202. FISCAL REQUIREMENTS.
Section 211 (as redesignated by section 201 of this Act) is
amended--
(1) by striking ``vocational'' each place the term appears
and inserting ``career''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Determination.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be made
under this Act for any fiscal year to a State for
activities authorized under title I unless the
Secretary determines that the average fiscal effort per
student or the aggregate expenditures of such State for
career and technical education programs for the 3
fiscal years preceding the fiscal year for which the
determination is made, equaled or exceeded such effort
or expenditures for career and technical education
programs, for the 3 fiscal years preceding the fiscal
year for which the determination is made.
``(B) Computation.--In computing the average fiscal
effort or aggregate expenditures pursuant to
subparagraph (A), the Secretary shall exclude capital
expenditures, special one-time project costs, and the
cost of pilot programs.
``(C) Decrease in federal support.--If the amount
made available for career and technical education
programs under this Act for a fiscal year is less than
the amount made available for career and technical
education programs under this Act for the preceding
fiscal year, then the average fiscal effort per student
or the aggregate expenditures of a State required by
subparagraph (A) for the 3 preceding fiscal years shall
be decreased by the same percentage as the percentage
decrease in the amount so made available.''; and
(B) in paragraph (2), by striking ``fiscal effort''
both places the term appears and inserting ``average
fiscal effort''.
SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION.
Section 214 (as redesignated by section 201 of this Act) is amended
by striking ``vocational'' both places the term appears and inserting
``career''.
SEC. 204. LIMITATION FOR CERTAIN STUDENTS.
Section 215 (as redesignated by section 201 of this Act) is amended
by striking ``vocational'' and inserting ``career''.
SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION OF PRIVATE SCHOOL
PERSONNEL.
Part A of title II (as redesignated by section 201 of this Act) is
amended--
(1) by striking section 217;
(2) by redesignating section 218 as section 217; and
(3) in section 217 (as redesignated by paragraph (2) of
this section)--
(A) by inserting ``principals,'' after ``for
vocational and technical education teachers,'';
(B) by inserting ``principals,'' after ``of
vocational and technical education teachers,''; and
(C) by striking ``vocational'' each place the term
appears and inserting ``career''.
SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.
Section 225(c) (as redesignated by section 201 of this Act) is
amended--
(1) in the subsection heading, by striking ``Vocational''
and inserting ``Career''; and
(2) by striking ``vocational'' both places the term appears
and inserting ``career''.
SEC. 207. TABLE OF CONTENTS.
Section 1(b) (20 U.S.C. 2301 note) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this Act is as
follows:.
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American program.
``Sec. 117. Tribally controlled postsecondary career and
technical institutions.
``Sec. 118. Occupational and employment information.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary school programs.
``Sec. 132. Distribution of funds for postsecondary career and
technical education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local plan for career and technical education
programs.
``Sec. 135. Local uses of funds.
``Part D--Tech-Prep Education
``Sec. 141. State allotment and application.
``Sec. 142. Tech-prep education.
``Sec. 143. Consortium applications.
``Sec. 144. Authorization of appropriations.
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Limitation on Federal regulations.
``Sec. 225. Student assistance and other Federal programs.''.
Passed the Senate March 10, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 250
_______________________________________________________________________
AN ACT
To amend the Carl D. Perkins Vocational and Technical Education Act of
1998 to improve the Act.