1.Short title; table of
contents
(a)This Act may be cited as the Carl D. Perkins Career and Technical Education Improvement
Act of 2005
.
(b)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.
2.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.).
3.Section 2 (20 U.S.C. 2301) is amended—
(1)by striking
vocational
each place the term appears and inserting
career
;
(2)in paragraph (1),
by striking standards
and inserting and technical
standards, and to assist students in meeting such standards, especially in
preparation for high skill, high wage, or high demand occupations in emerging
or established professions
;
(3)in paragraph (2),
by inserting challenging
after integrate
;
(4)in paragraph (3),
by striking and
after the semicolon;
(5)in paragraph
(4)—
(A)by inserting
conducting and
before disseminating
national
;
(B)by inserting
disseminating information on best practices,
after
national research,
; and
(C)by striking the
period at the end and inserting a semicolon; and
(6)by adding at the
end the following:
(5)promoting
leadership and professional development at the State and local levels, and
developing research and best practices for improving the quality of career and
technical education teachers, faculty, principals, administrators, and
counselors;
(6)supporting
partnerships among secondary schools, postsecondary institutions, area career
technical centers, business and industry, professional associations, and
intermediaries; and
(7)developing a
highly skilled workforce needed to keep America competitive in the global
economy in conjunction with other Federal education and training programs,
including workforce investment programs, that provide lifelong learning for the
workforce of today and tomorrow.
.
4.Section 3 (20 U.S.C. 2302) is amended—
(1)in paragraph (2),
by inserting , including employment statistics and information relating
to national, regional, and local labor market areas, as provided pursuant to
section 118, and career ladder information, where appropriate
after
to enter
;
(2)in paragraph
(3)—
(A)in the paragraph
heading, by striking vocational
and inserting
career
;
and
(B)by striking
vocational
each place the term appears and inserting
career
;
(3)by striking
paragraph (4);
(4)by redesignating
paragraphs (5) through (30) as paragraphs (10) through (35),
respectively;
(5)by inserting
after paragraph (3) the following:
(4)The term articulation agreement means a
written commitment, approved annually by the relevant administrators of the
secondary and postsecondary institutions, to a program that is designed to
provide students with a nonduplicative sequence of progressive achievement
leading to technical skill proficiency, a credential, a certificate, or a
degree, and linked through credit transfer agreements.
(5)Career and
technical educationThe term career and technical
education means organized educational activities that—
(A)offer a sequence
of courses (which may include technical learning experiences) that—
(i)provides
individuals with the challenging academic and technical knowledge and skills
the individuals need to prepare for further education and for careers in
emerging and established professions; and
(ii)may lead to
technical skill proficiency, a credential, a certificate, or a degree;
and
(B)include
competency-based applied learning that contributes to the academic knowledge,
higher-order reasoning and problem-solving skills, work attitudes, general
employability skills, technical skills, and occupation-specific skills, of an
individual.
(6)Career and
technical education studentThe term career and technical
education student means a student who enrolls in a clearly defined
sequence of career and technical education courses leading to attainment of
technical skill proficiency, a credential, a certificate, or a degree.
(7)Career and
technical student organization
(A)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)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 counselingThe term career guidance and
academic counseling means providing access to information regarding
career awareness and planning with respect to an individual’s occupational and
academic future that shall involve guidance and counseling with respect to
career options, financial aid, and postsecondary options.
(9)The term career pathway means a coordinated
and nonduplicative sequence of courses (which may include technical learning
experiences) and associated credits that—
(A)shall identify
both secondary and postsecondary education elements;
(B)shall include
challenging academic and career and technical education content;
(C)may include the
opportunity for secondary students to participate in dual or concurrent
enrollment programs or other ways to acquire postsecondary credits; and
(D)may culminate in
technical skill proficiency, a credential, a certificate, or a degree.
;
(6)in paragraph (10)
(as redesignated by paragraph (4) of this section), by striking
5206
and inserting 5210
;
(7)by redesignating
paragraphs (11) through (35) (as redesignated by paragraph (4) of this section)
as paragraphs (12) through (36), respectively;
(8)by inserting
after paragraph (10) (as redesignated by paragraph (4) of this section) the
following:
(11)The term community college—
(A)means an
institution of higher education, as defined in section 101 of the
Higher Education Act of 1965, that
provides not less than a 2-year program that is acceptable for full credit
toward a baccalaureate degree; and
(B)includes tribally
controlled colleges or universities.
;
(9)in paragraph (12)
(as redesignated by paragraph (7) of this section)—
(A)by striking
method of instruction
and inserting method
;
and
(B)by striking
vocational
and inserting career
;
(10)by redesignating
paragraphs (13) through (36) (as redesignated by paragraph (7) of this section)
as paragraphs (14) through (37), respectively;
(11)by inserting
after paragraph (12) the following:
(13)The term core academic subjects has the
meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965,
except that under this Act such subjects included in such term shall be only
those subjects in a secondary school context.
;
(12)in paragraph
(16) (as redesignated by paragraph (10) of this section), by striking
vocational
both places the term appears and inserting
career
;
(13)in paragraph
(17) (as redesignated by paragraph (10) of this section)—
(A)in subparagraph
(A), by striking an institution of higher education
and
inserting a public or nonprofit private institution of higher education
that offers career and technical education courses that lead to technical skill
proficiency, an industry-recognized credential, a certificate, or a
degree
; and
(B)in subparagraph
(C), by striking vocational
and inserting
career
;
(14)in paragraph
(18)(A) (as redesignated by paragraph (10) of this section), by striking
agency, an area vocational
and inserting agency
(including a public charter school that operates as a local educational
agency), an area career
;
(15)by redesignating
paragraphs (20) through (37) (as redesignated by paragraph (10) of this
section) as paragraphs (21) through (38), respectively;
(16)by inserting
after paragraph (19) (as redesignated by paragraph (10) of this section) the
following:
(20)Graduation and
career planThe term graduation and career plan
means a written plan for a secondary career and technical education student,
that—
(A)is developed with
career guidance and academic counseling or other professional staff, and in
consultation with parents, not later than in the first year of secondary school
or upon enrollment in career and technical education;
(B)is reviewed
annually and modified as needed;
(C)includes relevant
information on—
(i)secondary school
requirements for graduating with a diploma;
(ii)postsecondary
education admission requirements; and
(iii)high skill,
high wage, or high demand occupations and nontraditional fields in emerging and
established professions, and labor market indicators; and
(D)states the
student’s secondary school graduation goals, postsecondary education and
training, or employment goals, and identifies 1 or more career pathways that
correspond to the goals.
;
(17)in paragraph
(25) (as redesignated by paragraph (15) of this section)—
(A)in the paragraph
heading, by striking training and
employment
and inserting fields
; and
(B)by striking
training and employment
and inserting
fields
;
(18)in paragraph
(26) (as redesignated by paragraph (15) of this section), by striking
the Commonwealth
and all that follows through the period and
inserting and the Commonwealth of the Northern Mariana
Islands.
;
(19)by redesignating
paragraphs (31) through (38) (as redesignated by paragraph (15) of this
section) as paragraphs (32) through (39), respectively;
(20)by inserting
after paragraph (30) (as redesignated by paragraph (15) of this section) the
following:
(31)The
term self-sufficiency means a standard that is adopted,
calculated, or commissioned by a local area or State, and which adjusts for
local factors, in specifying the income needs of families, by family size, the
number and ages of children in the family, and sub-State geographical
considerations.
;
(21)in paragraph
(32) (as redesignated by paragraph (19) of this section)—
(A)in subparagraph
(C), by striking training and employment
and inserting
fields
; and
(B)in subparagraph
(F), by striking individuals with other barriers to educational
achievement, including
;
(22)in paragraph
(34) (as redesignated by paragraph (19) of this section) by striking ,
and instructional aids and devices
and inserting instructional
aids, and work supports
;
(23)by striking
paragraph (35) (as redesignated by paragraph (19) of this section) and
inserting the following:
(35)The term tech-prep program means a program
of study that—
(A)combines at a
minimum 2 years of secondary education (as determined under State law) with a
minimum of 2 years of postsecondary education in a nonduplicative, sequential
course of study;
(B)integrates
academic and career and technical education instruction, and utilizes
work-based and worksite learning where appropriate and available;
(C)provides
technical preparation in a career field, including high skill, high wage, or
high demand occupations;
(D)builds student
competence in technical skills and in core academic subjects, as appropriate,
through applied, contextual, and integrated instruction, in a coherent sequence
of courses;
(E)leads to
technical skill proficiency, a credential, a certificate, or a degree, in a
specific career field;
(F)leads to
placement in appropriate employment or to further education; and
(G)utilizes career
pathways, to the extent practicable.
;
(24)in paragraph
(37) (as redesignated by paragraph (19) of this section)—
(A)in the paragraph
heading, by striking vocational
and inserting
career
;
(B)in the matter
preceding subparagraph (A)—
(i)by
striking vocational
and inserting career
;
(ii)by
striking paragraph (2)
and inserting subsection
(a)(2)
; and
(iii)by striking
paragraph (5)(A)
and inserting subsection (a)(5)
;
and
(C)in subparagraph
(F), by striking vocational
and inserting career
;
and
(25)by striking
paragraphs (38) and (39) (as redesignated by paragraph (19) of this
section).
5.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.
.
6.Section 6 (20 U.S.C. 2305) is amended by
striking the second sentence.
7.Authorization of
appropriationsSection 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
.
<enum>I</enum><header>Career and
technical education assistance to the States</header>
<section id="ID378FFBBA50AF4ADDAE1F5C5BFF9305A8"><enum>101.</enum><header>Career and
technical education assistance to the States</header><text display-inline="no-display-inline">Title I (<external-xref legal-doc="usc" parsable-cite="usc/20/2321">20 U.S.C. 2321</external-xref> et seq.) is amended
by striking the title heading and inserting the following:</text>
<quoted-block id="IDFFD8668AB228483D93BCF9F181247620">
<title id="IDEB9BAEEA2033488C91BE5C9C9D2065A5"><enum>I</enum><header>Career and
technical education assistance to the States</header>
.
102.Reservations
and State allotmentSection
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, not more than
;
(2)in paragraph (2),
in the matter preceding subparagraph (A), by striking paragraph
(1)
and inserting paragraph (1), that are not allotted under
paragraph (5),
;
(3)in paragraph
(3)—
(A)in subparagraph
(B), by striking (or in the case
and all that follows through
1998)
; and
(B)in subparagraph
(C)—
(i)in
clause (i)(I), by striking (or in the case
and all that follows
through 1998)
; and
(ii)in
clause (ii)(II), by striking (or in the case
and all that
follows through 1998)
; and
(4)by adding at the
end the following:
(5)Formula for
amounts in excess of the fiscal year 2005 funding level
(A)For any fiscal year for which the remainder of the sums
appropriated under section 8 and not reserved under paragraph (1) exceeds the
remainder of the sums appropriated under section 8 and not reserved under
paragraph (1) for fiscal year 2005, such excess amount shall be allotted to the
States according to the formula under subparagraphs (A) through (D) of
paragraph (2).
(B)
(i)Notwithstanding any other provision of law and subject to
clause (ii), no State shall receive for a fiscal year under this paragraph less
than 1/2 of 1 percent of the excess amount described in
subparagraph (A).
(ii)No
State, by reason of the application of clause (i), shall be allotted under this
paragraph for a fiscal year more than the amount determined by
multiplying—
(I)the number of
individuals in the State counted under paragraph (2); by
(II)185 percent of
the national average per pupil payment made with the excess amount described in
subparagraph (A) for that year.
.
103.Section 112
(20 U.S.C.
2322) is amended—
(1)in subsection
(a)—
(A)in paragraph (1),
by adding and
after the semicolon; and
(B)by striking
paragraphs (2) and (3) and inserting the following:
(2)not more than 15
percent for—
(A)State leadership
activities described in section 124, of which—
(i)an amount
determined by the eligible agency shall be made available to serve individuals
in State institutions, such as State correctional institutions and institutions
that serve individuals with disabilities; and
(ii)not less than
$60,000 shall be available for services that prepare individuals for
nontraditional fields; and
(B)administration of
the State plan, which may be used for the costs of—
(i)developing the
State plan;
(ii)reviewing the
local plans;
(iii)monitoring and
evaluating program effectiveness;
(iv)assuring
compliance with all applicable Federal laws;
(v)providing
technical assistance; and
(vi)supporting and
developing State data systems relevant to the provisions of this Act.
;
(2)in subsection
(b), by striking subsection (a)(3)
both places the term appears
and inserting subsection (a)(2)(B)
; and
(3)by striking
subsection (c) and inserting the following:
(c)From
amounts made available under subsection (a)(1) to carry out this subsection, an
eligible agency may—
(1)award grants to
eligible recipients, or consortia of eligible recipients, for career and
technical education activities described in section 135 in—
(A)rural areas;
or
(B)areas with high
percentages or high numbers of career and technical education students;
(2)reserve funds,
with the approval of participating eligible recipients, for—
(A)innovative
statewide initiatives that demonstrate benefits for eligible recipients, which
may include—
(i)developing and
implementing technical assessments;
(ii)improving the
professional development of career and technical education teachers, faculty,
principals, and administrators; and
(iii)establishing,
enhancing, and supporting systems for accountability data collection or
reporting purposes; or
(B)the development
and implementation of career pathways or career clusters; and
(3)carry out
activities described in paragraphs (1) and (2).
.
104.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
studentsEach eligible agency shall identify in the State plan
core indicators of performance for secondary career and technical education
students that include, at a minimum, measures of each of the following:
(i)Student
achievement on technical assessments and attainment of career and technical
skill proficiencies that are aligned with nationally recognized industry
standards, if available and appropriate.
(ii)Student
attainment of challenging academic content standards and student academic
achievement standards, as adopted by the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of
1965 and measured by the academic assessments described in section
1111(b)(3) of such Act, consistent with State requirements.
(iii)Student rates
of attainment of—
(I)a secondary
school diploma;
(II)the recognized
equivalent of a secondary school diploma;
(III)technical skill
proficiency;
(IV)a
credential;
(V)a certificate;
and
(VI)a degree.
(iv)Placement in
postsecondary education, military service, apprenticeship programs, or
employment.
(v)Student
participation in, and completion of, career and technical education programs
that lead to employment in nontraditional fields.
;
(ii)by
redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E),
respectively;
(iii)by inserting
after subparagraph (A) the following:
(B)Core indicators
of performance for postsecondary career and technical
studentsEach eligible agency shall identify in the State plan
core indicators of performance for postsecondary career and technical education
students that include, at a minimum, measures of each of the following:
(i)Student
achievement on technical assessments and attainment of career and technical
skill proficiencies that are aligned with nationally recognized industry
standards, if available and appropriate.
(ii)Student
attainment of technical skill proficiency, a credential, a certificate, or a
degree, or retention in postsecondary education, including transfer to a
baccalaureate degree program.
(iii)Placement in
military service, apprenticeship programs, or employment.
(iv)Student
participation in, and completion of, career and technical education programs
that lead to employment in nontraditional fields.
(v)Increase in
earnings, where available.
;
(iv)in
subparagraph (C) (as redesignated by clause (ii) of this subparagraph), by
striking the title.
and inserting this title, such as
attainment of self-sufficiency.
;
(v)in
subparagraph (D) (as redesignated by clause (ii) of this subparagraph), by
inserting career and technical education
after developed
State
;
(vi)in
subparagraph (E) (as redesignated by clause (ii) of this subparagraph)—
(I)by striking
this paragraph
and inserting subparagraphs (A) and
(B)
; and
(II)by striking
recipients.
and inserting recipients, and shall meet the
requirements of this section.
; and
(vii)by adding at
the end the following:
(F)Alignment of
performance indicatorsIn 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)Each eligible recipient shall accept the State adjusted
levels of performance established under paragraph (3) as local adjusted levels
of performance, or negotiate with the State to reach agreement on new local
adjusted levels of performance, for each of the core indicators of performance
described in subparagraphs (A) and (B) of paragraph (2) for career and
technical education activities authorized under this title. The levels of
performance established under this subparagraph shall, at a minimum—
(I)be expressed in a
percentage or numerical form, so as to be objective, quantifiable, and
measurable; and
(II)require the
eligible recipient to make continuous and significant improvement in career and
technical achievement of career and technical education students.
(ii)Identification
in the local planEach 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 yearsThe
eligible agency and each eligible recipient shall reach agreement on the
eligible recipient’s levels of performance for each of the core indicators of
performance for the first 2 program years covered by the local plan, taking
into account the levels identified in the local plan under clause (ii) and the
factors described in clause (v). The levels of performance agreed to under this
clause shall be considered to be the local adjusted levels of performance for
the eligible recipient for such years and shall be incorporated into the local
plan prior to the approval of such plan.
(iv)Agreement on
local adjusted levels of performance for subsequent yearsPrior
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)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)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 indicatorsEach 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)Each
eligible recipient that receives an allocation under section 131 shall publicly
report, on an annual basis, its progress in achieving the local adjusted levels
of performance on the core indicators of performance.
; and
(4)by striking
subsection (c)(1)(B) and inserting:
(B)information on
the levels of performance achieved by the State with respect to the additional
indicators of performance, including the levels of performance disaggregated
for postsecondary institutions, by special populations, and for secondary
institutions, by special populations and by the categories described in section
1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965, except that such disaggregation shall not be
required in a case in which the number of individuals in a category is
insufficient to yield statistically reliable information or the results would
reveal personally identifiable information about an individual.
.
105.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)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)The
advisory panel shall consist of—
(i)educators,
principals, and administrators (including State directors of career and
technical education), with expertise in the integration of academic and career
and technical education;
(ii)experts in
evaluation, research, and assessment;
(iii)representatives
of labor organizations and businesses, including small businesses;
(iv)parents;
(v)career guidance
and academic counseling professionals; and
(vi)other
individuals and intermediaries with relevant expertise.
(C)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)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)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)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)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)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 appropriationsThere are authorized to be appropriated to
carry out this section such sums as may be necessary for each of fiscal years
2006 through 2011.
.
106.Assistance for
the outlying areasSection 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
.
107.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
.
108.Tribally
controlled postsecondary career and technical institutionsSection 117 (20 U.S.C. 2327) is amended—
(1)by striking the
section heading and inserting the following:
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 (i) and (j), respectively;
(5)by inserting
after subsection (g) the following:
(h)
(1)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)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)If a tribally controlled postsecondary career and
technical institution appeals a determination described in paragraph (1), the
Secretary shall withhold the amount in dispute from the award of grant funds
under this section until such time as the administrative law judge has issued a
written decision on the appeal.
;
and
(6)by striking
subsection (j) (as redesignated by paragraph (4) of this section) and inserting
the following:
(j)Authorization
of appropriationsThere 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.
.
109.Occupational
and employment informationSection 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)
(1)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)Each
application submitted under paragraph (1) shall include—
(A)a description of
how the State entity designated in subsection (c) will provide information
based on labor market trends to inform program development; and
(B)information about
the academic content standards and student academic achievement standards
adopted by the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of
1965.
;
(4)in subsection (c)
(as redesignated by paragraph (2) of this section)—
(A)in paragraph (1),
by striking individuals
and all that follows through the
semicolon and inserting students and parents, including postsecondary
education and training, including preparation for high skill, high wage, or
high demand occupations and nontraditional fields in emerging or established
professions;
;
(B)in paragraph (2),
by inserting academic and career and technical
after
relate
;
(C)by striking
paragraph (3) and inserting the following:
(3)to equip
teachers, faculty, administrators, and counselors with the knowledge, skills,
and occupational information needed to assist parents and all students,
especially special populations underrepresented in certain careers, with career
exploration, educational opportunities, education financing, and exposure to
high skill, high wage, or high demand occupations and nontraditional
fields;
;
(D)in paragraph (4),
by striking such entities;
and inserting such entities,
with an emphasis on high skill, high wage, or high demand occupations in
emerging or established professions;
;
(E)in paragraph (5),
by striking and
after the semicolon;
(F)in paragraph (6),
by striking the period and inserting ; and
; and
(G)by adding at the
end the following:
(7)to provide
information, if available, for each occupation, on—
(A)the average
earnings of an individual in the occupation at entry level and after 5 years of
employment;
(B)the expected
lifetime earnings; and
(C)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
.
110.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)The responsibilities
and inserting the
following:
(a)Eligible agency
responsibilitiesThe 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)
.
111.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)The eligible agency shall develop the State plan in
consultation with academic and career and technical education teachers,
faculty, principals, and administrators, career guidance and academic
counselors, eligible recipients, parents, students, the State tech-prep
coordinator and representatives of tech-prep consortia (if applicable),
interested community members (including parent and community organizations),
representatives of special populations, representatives of business (including
small business) and industry, and representatives of labor organizations in the
State, and shall consult the Governor of the State with respect to such
development.
;
(4)by striking
subsection (c) and inserting the following:
(c)The State plan shall include information that—
(1)describes the
career and technical education activities to be assisted that are designed to
meet or exceed the State adjusted levels of performance, including a
description of—
(A)how the eligible
agency will support eligible recipients in developing or implementing career
pathways for career and technical education content areas that are designed to
meet relevant workforce needs, including how the eligible agency will—
(i)support eligible
recipients in developing articulation agreements between secondary and
postsecondary institutions;
(ii)support eligible
recipients in using labor market information to identify career pathways that
prepare individuals for high skill, high wage, or high demand
occupations;
(iii)make available
information about career pathways offered by eligible recipients; and
(iv)consult with
business and industry and use industry-recognized standards and assessments, if
appropriate;
(B)the secondary and
postsecondary career and technical education programs to be carried out,
including programs that will be carried out by the eligible agency to develop,
improve, and expand access to quality technology in career and technical
education programs;
(C)the criteria that
will be used by the eligible agency to approve eligible recipients for funds
under this title, including criteria to assess the extent to which the local
plan will—
(i)promote higher
levels of academic achievement;
(ii)promote higher
levels of technical skill attainment; and
(iii)identify and
address workforce needs;
(D)how programs at
the secondary level will prepare career and technical education students,
including special populations to graduate from high school with a
diploma;
(E)how such programs
will prepare career and technical education students, including special
populations, both academically and technically, for opportunities in
postsecondary education or entry into high skill, high wage, or high demand
occupations in emerging or established occupations, and how participating
students will be made aware of such opportunities; and
(F)how funds will be
used to improve or develop new career and technical education courses in high
skill, high wage, or high demand occupations that are aligned with business
needs and industry standards, as appropriate—
(i)at the secondary
level that are aligned with challenging academic content standards and student
academic achievement standards adopted by the State under section 1111(b)(1) of
the Elementary and Secondary Education Act of
1965; and
(ii)at the
postsecondary level that are relevant and challenging;
(2)describes how
career and technical education teachers, faculty, principals, administrators,
and career guidance and academic counselors will be provided comprehensive
initial preparation and professional development, including through programs
and activities that—
(A)promote the
integration of challenging academic and career and technical education
curriculum development, including opportunities for teachers to jointly develop
and implement curriculum and pedagogical strategies with appropriate academic
teachers;
(B)increase the
academic and career and technical education knowledge of career and technical
education teachers and faculty;
(C)are high-quality,
sustained, intensive, focused on instruction, directly related to industry
standards, and includes structured induction and mentoring components for new
personnel, with an emphasis on identifying and addressing the needs of local
businesses, including small businesses;
(D)ensure an
increasing number of career and technical education teachers and faculty meet
teacher certification and licensing requirements reflecting the needs of their
subject area or areas;
(E)equip them with
the knowledge and skills needed to work with and improve instruction for
special populations;
(F)assist in
accessing and utilizing data, including labor market indicators, student
achievement, and assessments;
(G)enhance the
leadership capacity of principals and administrators;
(H)are integrated
with professional development activities that the State carries out under title
II of the Elementary and Secondary Education Act
of 1965 and title II of the Higher
Education Act of 1965; and
(I)include
strategies to expose all career and technical education students to
comprehensive information regarding career options that lead to high skill,
high wage, or high demand occupations and nontraditional fields;
(3)describes efforts
to improve—
(A)the recruitment
and retention of career and technical education teachers, faculty, counselors,
principals, and administrators, including individuals in groups
underrepresented in the teaching profession; and
(B)the transition to
teaching from business and industry, including small business;
(4)describes efforts
to improve the capacity of programs and faculty at postsecondary institutions
to effectively prepare career and technical education personnel, including, as
appropriate, through electronically delivered distance education, and
articulation agreements between 2-year technical programs and postsecondary
education programs;
(5)describes how the
eligible agency will actively involve parents, academic and career and
technical education teachers, faculty, principals, and administrators, career
guidance and academic counselors, local businesses (including small- and
medium-sized businesses and business intermediaries), and labor organizations
in the planning, development, implementation, and evaluation of such career and
technical education programs;
(6)describes how
funds received by the eligible agency through the allotment made under section
111 will be allocated—
(A)among secondary
school career and technical education, or postsecondary and adult career and
technical education, or both, including the rationale for such allocation;
and
(B)among any
consortia that will be formed among secondary schools and eligible
institutions, and how funds will be allocated among the members of the
consortia, including the rationale for such allocation;
(7)describes how the
eligible agency will—
(A)use funds to
improve or develop new career and technical education courses in high skill,
high wage, or high demand occupations—
(i)at the secondary
level that are aligned with challenging academic content standards and student
academic achievement standards adopted by the State under section 1111(b)(1) of
the Elementary and Secondary Education Act of
1965; and
(ii)at the
postsecondary level that are challenging and aligned with business needs and
industry standards, as appropriate;
(B)improve the
academic and technical skills of students participating in career and technical
education programs, including strengthening the academic, and career and
technical, components of career and technical education programs through the
integration of academics with career and technical education to ensure learning
in the core academic subjects and career and technical education subjects, and
provide students with strong experience in, and understanding of, all aspects
of an industry;
(C)ensure that
students who participate in such career and technical education programs are
taught to the same challenging academic proficiencies as are taught to all
other students; and
(D)encourage
secondary school students who participate in such career and technical
education programs to enroll in challenging courses in core academic
subjects;
(8)describes how the
eligible agency will annually evaluate the effectiveness of such career and
technical education programs, and describes, to the extent practicable, how the
eligible agency is coordinating such programs to promote relevant lifelong
learning and ensure nonduplication with other existing Federal programs;
(9)describes the
eligible agency’s program strategies for special populations, including a
description of how individuals who are members of the special
populations—
(A)will be provided
with equal access to activities assisted under this title;
(B)will not be
discriminated against on the basis of their status as members of the special
populations; and
(C)will be provided
with programs designed to enable the special populations to meet or exceed
State adjusted levels of performance, and prepare special populations for
further learning and for high skill, high wage, or high demand
occupations;
(10)how the eligible
agency will collaborate in developing the State plan with—
(A)the entity within
the State with responsibility for elementary and secondary education;
(B)the entity within
the State with responsibility for public institutions engaged in postsecondary
education;
(C)State
institutions such as State correctional institutions and institutions that
serve individuals with disabilities; and
(D)all other
relevant State agencies with responsibility for career and technical education
and training and workforce development;
(11)describes what
steps the eligible agency will take to involve representatives of eligible
recipients in the development of the State adjusted levels of
performance;
(12)provides
assurances that the eligible agency will comply with the requirements of this
title and the provisions of the State plan, including the provision of a
financial audit of funds received under this title which may be included as
part of an audit of other Federal or State programs;
(13)provides
assurances that none of the funds expended under this title will be used to
acquire equipment (including computer software) in any instance in which such
acquisition results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the employees of the
purchasing entity, or any affiliate of such an organization;
(14)describes how
the eligible agency will measure and report data relating to students
participating in and completing career and technical education within specific
career clusters in order to adequately measure the progress of the students,
including special populations, at—
(A)the secondary
level, disaggregated by the categories described in section 1111(h)(1)(C)(i) of
the Elementary and Secondary Education Act of
1965, except that such disaggregation shall not be required in a
case in which the number of individuals in a category is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual; and
(B)the postsecondary
level, disaggregated by special populations and the categories described in
section 1111(h)(1)(C)(i) of the Elementary and
Secondary Education Act of 1965, except that such disaggregation
shall not be required in a case in which the number of individuals in a
category is insufficient to yield statistically reliable information or the
results would reveal personally identifiable information about an
individual;
(15)describes how
the eligible agency will adequately address the needs of students in
alternative education programs, if appropriate;
(16)describes how
the eligible agency will provide local educational agencies, area career and
technical education schools, and eligible institutions in the State with
technical assistance;
(17)describes how
career and technical education relates to State and regional occupational
opportunities;
(18)describes the
methods proposed for the joint planning and coordination of programs carried
out under this title with other Federal education programs;
(19)describes how
funds will be used to promote preparation for high skill, high wage, or high
demand occupations and nontraditional fields in emerging and established
professions;
(20)describes how
funds will be used to serve individuals in State correctional
institutions;
(21)describes how
the eligible agency will ensure that the data reported to the eligible agency
from local educational agencies and eligible institutions under this title and
the data the eligible agency reports to the Secretary are complete, accurate,
and reliable; and
(22)contains the
description and information specified in sections 112(b)(8) and 121(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8) and
2841(c)) concerning the provision of services only for postsecondary students
and school dropouts.
;
(5)by striking
subsection (d) and inserting the following:
(d)
(1)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 planThe eligible agency may submit the plan
required under this section as part of the plan submitted under section 501 of
the Workforce Investment Act of 1998 (20 U.S.C. 9271), provided that the
plan submitted pursuant to the requirement of this section meets the
requirements of this Act.
;
and
(6)by striking
subsection (f).
112.Section 123
(20 U.S.C.
2343) is amended to read as follows:
123.
(a)State program
improvement plan
(1)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)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)
(A)If an eligible agency fails to meet the State adjusted
levels of performance, has not implemented an improvement plan as described in
paragraph (1), has shown no improvement within 1 year after implementing an
improvement plan as described in paragraph (1), or has failed to meet the State
adjusted levels of performance for 2 or more consecutive years, the Secretary
may, after notice and opportunity for a hearing, withhold from the eligible
agency all, or a portion of, the eligible agency’s allotment under this
title.
(B)Waiver for
exceptional circumstancesThe 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)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)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)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)
(A)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)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)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)
(A)If an eligible recipient fails to meet the local adjusted
levels of performance as described in section 113(b)(4) and has not implemented
an improvement plan as described in paragraph (2), has shown no improvement
within 1 year after implementing an improvement plan as described in paragraph
(2), or has failed to meet more than 1 of the local adjusted levels of
performance for 2 or more consecutive years, the eligible agency may, after
notice and opportunity for a hearing, withhold from the eligible recipient all,
or a portion of, the eligible recipient’s allotment under this title.
(B)Waiver for
exceptional circumstancesThe 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 allotmentsThe 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.
.
113.State
leadership activitiesSection
124 (20 U.S.C.
2344) is amended—
(1)by striking
vocational
each place the term appears and inserting
career
;
(2)in subsection
(a), by striking 112(a)(2)
and inserting
112(a)(2)(A)
;
(3)in subsection
(b)—
(A)in paragraph (1),
by striking further learning
and all that follows through the
semicolon and inserting further education, further training, or for high
skill, high wage, or high demand occupations;
;
(B)in paragraph (2),
by striking subparagraphs (A) through (C) and inserting the following:
(A)training of
career and technical education teachers, faculty, principals, career guidance
and academic counselors, and administrators to use technology, including
distance learning;
(B)encouraging
schools to work with technology industries to offer voluntary internships and
mentoring programs; or
(C)encouraging
lifelong learning, including through partnerships that may involve institutions
of higher education, organizations providing career and technical education,
businesses, and communications entities;
;
(C)by striking
paragraph (3) and inserting the following:
(3)professional
development programs, including providing comprehensive professional
development (including initial teacher preparation) for career and technical
education teachers, faculty, principals, administrators, and career guidance
and academic counselors at the secondary and postsecondary levels, that support
activities described in section 122 and—
(A)provide
in-service and pre-service training in career and technical education programs
and techniques, effective teaching skills based on promising practices and,
where available and appropriate, scientifically based research, and effective
practices to improve parental and community involvement;
(B)improve student
achievement in order to meet the State adjusted levels of performance
established under section 113;
(C)support education
programs for teachers and faculty of career and technical education in public
schools and other public school personnel who are involved in the direct
delivery of educational services to career and technical education students to
ensure that such personnel—
(i)stay current with
the needs, expectations, and methods of industry;
(ii)can effectively
develop challenging, integrated academic and career and technical education
curriculum jointly with academic teachers, to the extent practicable;
and
(iii)develop a
higher level of academic and industry knowledge and skills in career and
technical education; and
(D)are integrated
with the teacher certification or licensing and professional development
activities that the State carries out under title II of the
Elementary and Secondary Education Act of
1965 and title II of the Higher
Education Act of 1965;
;
(D)in paragraph (4),
by striking support for
and inserting
supporting
;
(E)in paragraph (5),
by striking nontraditional training and employment
and inserting
nontraditional fields in emerging and established professions, and other
activities that expose students, including special populations, to high skill,
high wage occupations
;
(F)in paragraph
(6)—
(i)by
inserting intermediaries,
after labor
organizations,
; and
(ii)by
inserting , or complete career pathways, as described in section
122(c)(1)(A)
after skills
;
(G)in paragraph (7),
by striking and
after the semicolon;
(H)in paragraph (8),
by striking wage careers.
and inserting wage, or high
demand occupations; and
; and
(I)by adding at the
end the following:
(9)technical
assistance for eligible recipients.
;
(4)by striking
subsection (c) and inserting the following:
(c)Permissible
uses of fundsThe leadership activities described in subsection
(a) may include—
(1)improvement of
career guidance and academic counseling programs that assist students in making
informed academic, and career and technical education, decisions, including
encouraging secondary and postsecondary students to graduate with a diploma or
degree, and expose students to high skill, high wage occupations and
nontraditional fields in emerging and established professions;
(2)establishment of
agreements, including articulation agreements, between secondary and
postsecondary career and technical education programs in order to provide
postsecondary education and training opportunities for students participating
in such career and technical education programs, such as tech-prep
programs;
(3)support for
career and technical student organizations, especially with respect to efforts
to increase the participation of students who are members of special
populations;
(4)support for
public charter schools operating secondary career and technical education
programs;
(5)support for
career and technical education programs that offer experience in, and
understanding of, all aspects of an industry for which students are preparing
to enter;
(6)support for
family and consumer sciences programs;
(7)support for
partnerships between education and business or business intermediaries,
including cooperative education and adjunct faculty arrangements at the
secondary and postsecondary levels;
(8)support to
improve or develop new career and technical education courses and initiatives,
including career clusters, career academies, and distance learning, that
prepare individuals academically and technically for high skill, high wage, or
high demand occupations;
(9)awarding
incentive grants to eligible recipients for exemplary performance in carrying
out programs under this Act, which awards shall be based on local performance
indicators, as described in section 113, in accordance with previously publicly
disclosed priorities;
(10)providing career
and technical education programs for adults and school dropouts to complete
their secondary school education;
(11)providing
assistance to individuals, who have participated in services and activities
under this title, in finding an appropriate job and continuing their education
or training through collaboration with the workforce investment system
established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(12)developing valid
and reliable assessments of technical skills that are integrated with industry
certification assessments where available;
(13)developing and
enhancing data systems to collect and analyze data on secondary and
postsecondary academic and employment outcomes;
(14)improving—
(A)the recruitment
and retention of career and technical education teachers, faculty, principals,
administrators, and career guidance and academic counselors, including
individuals in groups underrepresented in the teaching profession; and
(B)the transition to
teaching from business and industry, including small business; and
(15)adopting,
calculating, or commissioning a self-sufficiency standard.
; and
(5)in subsection
(d), by striking 112(a)(2)
and inserting
112(a)(2)(A)
.
114.Distribution
of funds to secondary school programsSection 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)
.
115.Distribution
of funds for postsecondary career and technical education
programsSection 132
(20 U.S.C.
2352) is amended by striking the section heading and inserting
the following:
132.Distribution
of funds for postsecondary career and technical education programs
.
116.Special rules
for career and technical educationSection 133 (20 U.S.C. 2353) is amended—
(1)by striking the
section heading and inserting the following:
133.Special rules
for career and technical education
;
and
(2)by striking
vocational
each place such term appears and inserting
career
.
117.Local plan for
career and technical education programsSection 134 (20 U.S.C. 2354) is amended—
(1)by striking the
section heading and inserting the following:
134.Local plan for
career and technical education programs
;
and
(2)in subsection
(b), by striking paragraphs (1) through (10) and inserting the
following:
(1)describe how the
career and technical education programs required under section 135(b) will be
carried out with funds received under this title;
(2)describe how the
career and technical education activities will be carried out with respect to
meeting State and local adjusted levels of performance established under
section 113;
(3)describe how the
eligible recipient will—
(A)offer the
appropriate courses of not less than 1 of the career pathways described in
section 122(c)(1)(A);
(B)improve the
academic and technical skills of students participating in career and technical
education programs by strengthening the academic and career and technical
education components of such programs through the integration of challenging
academics with career and technical education programs through a coherent
sequence of courses to ensure learning in the core academic subjects, and
career and technical education subjects;
(C)provide students
with strong experience in and understanding of all aspects of an industry;
and
(D)ensure that
students who participate in such career and technical education programs are
taught to the same challenging academic proficiencies as are taught for all
other students;
(4)describe how
comprehensive professional development will be provided that is consistent with
section 122;
(5)describe how
parents, students, academic and career and technical education teachers,
faculty, principals, administrators, career guidance and academic counselors,
representatives of tech-prep consortia (if applicable), representatives of
business (including small business) and industry, labor organizations,
representatives of special populations, and other interested individuals are
involved in the development, implementation, and evaluation of career and
technical education programs assisted under this title, and how such
individuals and entities are effectively informed about, and assisted in,
understanding, the requirements of this title, including career
pathways;
(6)provide
assurances that the eligible recipient will provide a career and technical
education program that is of such size, scope, and quality to bring about
improvement in the quality of career and technical education programs;
(7)describe the
process that will be used to evaluate and continuously improve the performance
of the eligible recipient;
(8)describe how the
eligible recipient—
(A)will review
career and technical education programs, and identify and adopt strategies to
overcome barriers that result in lowering rates of access to or lowering
success in the programs, for special populations; and
(B)will provide
programs that are designed to enable the special populations to meet the local
adjusted levels of performance and prepare for high skill, high wage, or high
demand occupations, including those that will lead to self-sufficiency;
(9)describe how
individuals who are members of special populations will not be discriminated
against on the basis of their status as members of the special
populations;
(10)describe how
funds will be used to promote preparation for nontraditional fields;
(11)describe how
career guidance and academic counseling will be provided to all career and
technical education students; and
(12)describe efforts
to improve the recruitment and retention of career and technical education
teachers, faculty, counselors, principals, and administrators, including
individuals in groups underrepresented in the teaching profession, and the
transition to teaching from business and industry.
.
118.Section 135
(20 U.S.C.
2355) is amended—
(1)in subsection
(a), by striking vocational
and inserting
career
;
(2)in subsection
(b)—
(A)in the matter
preceding paragraph (1), by striking vocational
and inserting
career
; and
(B)by striking
paragraphs (1) through (8) and inserting the following:
(1)strengthen the
academic and career and technical education skills of students participating in
career and technical education programs by strengthening the academic and
career and technical education components of such programs through the
integration of academics with career and technical education programs through a
coherent sequence of courses, such as career pathways described in section
122(c)(1)(A), to ensure learning in the core academic subjects and career and
technical education subjects;
(2)link secondary
career and technical education and postsecondary career and technical
education, including by—
(A)offering the
relevant elements of not less than 1 career pathway described in section
122(c)(1)(A);
(B)developing and
supporting articulation agreements between secondary and postsecondary
institutions; or
(C)supporting
tech-prep programs and consortia;
(3)provide students
with strong experience in and understanding of all aspects of an
industry;
(4)develop, improve,
or expand the use of technology in career and technical education, which may
include—
(A)training of
career and technical education teachers, faculty, principals, and
administrators to use technology, including distance learning; or
(B)encouraging
schools to collaborate with technology industries to offer voluntary
internships and mentoring programs;
(5)provide
professional development programs that are consistent with section 122 to
secondary and postsecondary teachers, faculty, principals, administrators, and
career guidance and academic counselors who are involved in integrated career
and technical education programs, including—
(A)in-service and
pre-service training—
(i)in career and
technical education programs and techniques;
(ii)in effective
integration of challenging academic and career and technical education jointly
with academic teachers, to the extent practicable;
(iii)in effective
teaching skills based on research that includes promising practices; and
(iv)in effective
practices to improve parental and community involvement;
(B)support of
education programs that provide information on all aspects of an
industry;
(C)internship
programs that provide relevant business experience; and
(D)programs
dedicated to the effective use of instructional technology;
(6)develop and
implement evaluations of the career and technical education programs carried
out with funds under this title, including an assessment of how the needs of
special populations are being met;
(7)initiate,
improve, expand, and modernize quality career and technical education programs,
including relevant technology;
(8)provide services
and activities that are of sufficient size, scope, and quality to be effective;
and
(9)provide
activities to prepare special populations, including single parents and
displaced homemakers, for high skill, high wage, or high demand occupations,
including those that will lead to self-sufficiency.
; and
(3)in subsection
(c)—
(A)in paragraph (1),
by striking vocational
and inserting career
;
and
(B)by striking
paragraphs (2) through (15) and inserting the following:
(2)to provide career
guidance and academic counseling that is based on current labor market
indicators, as provided pursuant to section 118, for students participating in
career and technical education programs that—
(A)improves
graduation rates and provides information on postsecondary and career options
for secondary students, which activities may include the use of graduation and
career plans; and
(B)provides
assistance for postsecondary students, including for adult students who are
changing careers or updating skills;
(3)for partnerships
between the eligible recipient and businesses, including small businesses and
business intermediaries, including for—
(A)work-related
experience for students, such as internships, cooperative education,
school-based enterprises, entrepreneurship, and job shadowing that are related
to career and technical education programs;
(B)adjunct faculty
arrangements at the secondary and postsecondary levels; and
(C)industry
experience for teachers and faculty;
(4)to provide
programs for special populations;
(5)to assist career
and technical student organizations;
(6)for mentoring and
support services;
(7)for leasing,
purchasing, upgrading, or adapting instructional equipment;
(8)for teacher
preparation programs that address the integration of academic and career and
technical education and that assist individuals who are interested in becoming
career and technical education teachers and faculty, including individuals with
experience in business and industry;
(9)to develop and
expand postsecondary program offerings at times and in formats that are
convenient and accessible for working students, including through the use of
distance education;
(10)for improving or
developing new career and technical education courses, including development of
new career pathways;
(11)to develop and
support small, personalized career-themed learning communities;
(12)to provide
support for family and consumer sciences programs;
(13)to provide
career and technical education programs for adults and school dropouts to
complete their secondary school education or upgrade their technical
skills;
(14)to provide
assistance to individuals who have participated in services and activities
under this title in finding an appropriate job and continuing their education
or training through collaboration with the workforce investment system
established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.);
(15)to support
activities in nontraditional fields, such as mentoring and outreach; and
(16)to support other
career and technical education activities that are consistent with the purpose
of this Act.
.
119.
(a)Title
II (20 U.S.C.
2371 et seq.) is amended—
(1)by striking the
title heading and inserting the following:
D
;
(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 applicationSection 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)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)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)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 appropriationsSection 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
.
<enum>II</enum><header>General
provisions</header>
<section id="ID272D540AAD504CF2887609D425617160"><enum>201.</enum><header>Redesignation
of title</header>
<subsection id="ID2C0DAFFDECB34873AD743DC37FA6DA3C"><enum>(a)</enum><header>Federal
administrative provisions</header><text>Title III (<external-xref legal-doc="usc" parsable-cite="usc/20/2391">20 U.S.C. 2391</external-xref> et
seq.) is amended by redesignating sections 311 through 318 as sections 211
through 218, respectively.</text>
</subsection><subsection id="IDB250092B2744461DBA6B01DBED5E9C89"><enum>(b)</enum><header>State
administrative provisions</header><text>Title III (<external-xref legal-doc="usc" parsable-cite="usc/20/2391">20 U.S.C. 2391</external-xref> et
seq.) is amended by redesignating sections 321 through 325 as sections 221
through 225, respectively.</text>
</subsection><subsection id="ID06EA9F75F6DE423E81B9841DA33277D2"><enum>(c)</enum><header>Title
heading</header><text>The title heading of title III (<external-xref legal-doc="usc" parsable-cite="usc/20/2391">20 U.S.C. 2391</external-xref> et
seq.) is amended to read as follows:</text>
<quoted-block id="ID76C92FB4562844F894B11A7FFEBB9A4F">
<title id="ID08D3525CA6474C599AEDD88FF5698AEA"><enum>II</enum><header>General
provisions</header>
.
202.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)
(A)Except as provided in subparagraphs (B) and (C), no
payments shall be made under this Act for any fiscal year to a State for career
and technical education programs or tech-prep programs unless the Secretary
determines that the average fiscal effort per student or the aggregate
expenditures of such State for career and technical education programs for the
3 fiscal years preceding the fiscal year for which the determination is made,
equaled or exceeded such effort or expenditures for career and technical
education programs, for the 3 fiscal years preceding the fiscal year for which
the determination is made.
(B)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 supportIf 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
.
203.Voluntary
selection and participationSection 214 (as redesignated by section 201
of this Act) is amended by striking vocational
both places the
term appears and inserting career
.
204.Limitation for
certain studentsSection 215
(as redesignated by section 201 of this Act) is amended by striking
vocational
and inserting career
.
205.Authorization
of Secretary; participation of private school personnelPart 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
.
206.Student
assistance and other Federal programsSection 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
.
207.Section 1(b)
(20 U.S.C. 2301
note) is amended to read as follows:
(b)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.
.