[Congressional Record Volume 152, Number 91 (Thursday, July 13, 2006)]
[Senate]
[Pages S7531-S7538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VOCATIONAL AND TECHNICAL EDUCATION FOR THE FUTURE ACT
Mr. FRIST. Mr. President, I ask the Chair lay before the Senate a
message from the House of Representatives on the bill (S. 250) to amend
the Carl D. Perkins Vocational and Technical Education Act of 1998 to
improve the Act.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
S. 250
Resolved, That the bill from the Senate (S. 250) entitled
``An Act to amend the Carl D. Perkins Vocational and
Technical Education Act of 1998 to improve the Act'', do pass
with the following Amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vocational and Technical
Education for the Future Act''.
SEC. 2. REFERENCES.
Wherever in this Act an amendment is expressed in terms of
an amendment to or repeal of a section or other provision,
the amendment or repeal shall be considered to be made to a
section or other provision of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
SEC. 3. PURPOSES AND DEFINITIONS.
(a) Purposes.--Section 2(2) (20 U.S.C. 2301(2)) is amended
by inserting ``rigorous and challenging'' after
``integrate''.
(b) Definitions.--Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraph (26) and redesignating paragraphs
(21) through (25) as paragraphs (23) through (27), and
paragraphs (27) through (30) as paragraphs (29) through (32),
respectively;
(2) by redesignating paragraphs (4) through (20) as
paragraphs (5) through (21), respectively, and inserting
after paragraph (3) the following:
``(4) Articulation agreement.--The term `articulation
agreement' means a written commitment, agreed upon at the
State level or approved annually and facilitated by the lead
administrators of the secondary and postsecondary consortia
members as described in section 135(b)(3)(A), to provide a
program designed to provide students with a nonduplicative
sequence of progressive achievements leading to degrees,
certificates, or credentials in a tech-prep education program
linked through credit transfer agreements.'';
(3) in paragraph (5) (as so redesignated), by inserting
``to students (and parents, as appropriate)'' after
``providing access'';
(4) in paragraph (6) (as so redesignated), by striking
``section 5206'' and inserting ``section 5210'';
(5) in paragraph (7) (as so redesignated)--
(A) by striking ``method of instruction'' and inserting
``method''; and
(B) by inserting ``rigorous and challenging'' after
``required'';
(6) in paragraph (11)(A) (as so redesignated), by striking
``an'' and inserting ``a public or nonprofit private'';
(7) in paragraph (18) (as so redesignated)--
(A) in the paragraph heading, by striking ``training and
employment'' and inserting ``fields'';
[[Page S7532]]
(B) by striking ``training and employment'' and inserting
``fields''; and
(C) by inserting ``current and'' after ``technology, and
other'';
(8) in paragraph (19) (as so redesignated), by striking
``the Republic of the Marshall Islands, the Federated States
of Micronesia,'';
(9) by inserting after paragraph (21) (as so redesignated)
the following:
``(22) Scientifically based research.--The term
`scientifically based research' has the meaning given that
term in section 9101(37) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(37)).'';
(10) in paragraph (25) (as so redesignated)--
(A) in subparagraph (C), by striking ``training and
employment'' and inserting ``fields'';
(B) in subparagraph (E), by striking ``and'';
(C) in subparagraph (F)--
(i) by striking ``individuals with other barriers to
educational achievement, including''; and
(ii) by striking the period and inserting ``; and''; and
(D) by inserting after subparagraph (F) the following:
``(G) individuals with other barriers to educational
achievement, as determined by the State.'';
(11) by inserting after paragraph (27) (as so redesignated)
the following:
``(28) Supportive services.--The term `supportive services'
means services such as transportation, child care, dependent
care, and needs-based payments, that are necessary to enable
an individual to participate in activities authorized under
this Act.'';
(12) in paragraph (29) (as so redesignated), by striking
``section 2'' and inserting ``section 2(a)(4)'';
(13) in paragraph (30) (as so redesignated)--
(A) by inserting ``of subsection (a)'' after ``paragraph
(2)''; and
(B) by striking ``paragraph (5)(A) of such section'' and
inserting ``paragraph (5)(A) of such subsection''; and
(14) by amending paragraph (31)(A) (as so redesignated) to
read as follows:
``(A) offer a sequence of courses that--
``(i) provides individuals with the rigorous and
challenging academic and technical knowledge and skills the
individuals need to prepare for further education and for
careers (other than careers requiring a master's or doctoral
degree) in current or emerging employment sectors;
``(ii) may include the provision of skills or courses
necessary to enroll in a sequence of courses that meet the
requirements of this subparagraph; and
``(iii) provides, at the postsecondary level, for a 1-year
certificate, an associate degree, or industry-recognized
credential; and''.
SEC. 4. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Carl D. Perkins Vocational and
Applied Technology Education Act'' and inserting ``the `Carl
D. Perkins Vocational and Technical Education Act of 1998'
''; and
(2) by striking ``the Carl D. Perkins Vocational and
Applied Technology Education Amendments of 1998'' and
inserting ``the Vocational and Technical Education for the
Future Act. Each eligible agency shall be assured 1 full
fiscal year for transition, to plan for and implement the
requirements of this Act''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 8 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
Act (other than subsection (a), (b), and (c) of section 114,
and sections 117 and 118) $1,307,000,000 for fiscal year 2006
and such sums as may be necessary for each of fiscal years
2007 through 2011.''.
SEC. 6. PROHIBITIONS.
(a) In General.--The Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is
amended by adding after section 8 the following new section:
``SEC. 9. PROHIBITIONS.
``(a) Local Control.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
government to mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
``(b) No Preclusion of Other Assistance.--Any State that
declines to submit an application to the Secretary for
assistance under this Act shall not be precluded from
applying for assistance under any other program administered
by the Secretary.
``(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic and vocational and technical content or student
academic and vocational and technical achievement standards
approved or certified by the Federal government, in order to
receive assistance under this Act.
``(d) Rule of Construction.--Nothing in this section shall
be construed to affect the requirements under section 113.''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) is amended by inserting after the item relating
to section 8 the following:
``Sec. 9. Prohibitions.''.
SEC. 7. ALLOTMENT AND ALLOCATION TO STATES.
(a) Allotment for National Activities for 2006.--Section
111(a)(1) (20 U.S.C. 2321(a)(1)) is amended to read as
follows:
``(1) Reservations.--From the sum appropriated under
section 8 for each fiscal year, the Secretary shall reserve--
``(A) 0.12 percent to carry out section 115;
``(B) 1.50 percent to carry out section 116, of which--
``(i) 1.25 percent of the sum shall be available to carry
out section 116(b); and
``(ii) 0.25 percent of the sum shall be available to carry
out section 116(h); and
``(C) 0.54 percent to carry out section 114(d).''.
(b) Minimum Allotments.--Section 111(a) (20 U.S.C. 2321(a))
is further amended--
(1) in paragraph (3), by striking ``(or in the case of
fiscal year 1999'' and all that follows through ``Amendments
of 1998)'' each place it appears and inserting ``(or in the
case of fiscal year 2006 only, under this section and under
title II of this Act, as such section and title were in
effect on the day before the date of enactment of the
Vocational and Technical Education for the Future Act)''; and
(2) by amending paragraph (4)(A) to read as follows:
``(A) In general.--No State shall receive an allotment
under this section for a fiscal year that is less than the
allotment the State received for fiscal year 2005 under this
section and under title II of this Act (as such section and
title were in effect on the day before the date of enactment
of the Vocational and Technical Education for the Future
Act).''.
(c) Within State Allocation.--Section 112 (20 U.S.C. 2322)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Allocation Formula.--From the amount allotted to each
State under section 111 for a fiscal year, the State board
(hereinafter referred to as the `eligible agency') shall
allocate such amount as follows:
``(1) Subject to paragraph (4), not less than 88 percent
shall be made available for distribution under section 131 or
132, of which the eligible agency shall first make available
for the activities described in section 135(b)(3) an amount
equal to the amount allotted in fiscal year 2005 to such
eligible agency under title II of this Act (as such title was
in effect on the day before the date of enactment of the
Vocational and Technical Education for the Future Act),
reduced by the percentage by which the amount allotted to the
State under section 111 for the fiscal year is less than the
amount allotted under such section to such State for fiscal
year 2005. Of the remainder of the 88 percent, not more than
10 percent may be used in accordance with subsection (c).
``(2) Subject to paragraph (4), not more than 10 percent
shall be made available to carry out State leadership
activities described in section 124, of which--
``(A) an amount equal to not more than 1 percent of the
amount allotted to the State under section 111 for the fiscal
year shall be made available to serve individuals in State
institutions, such as State correctional institutions and
institutions that serve individuals with disabilities; and
``(B) not less than $60,000 and not more than $150,000
shall be available for services that prepare individuals for
nontraditional fields.
``(3) An amount equal to not more than 2 percent, or
$250,000, whichever is greater, shall be made available for
administration of the State plan, which may be used for the
costs of--
``(A) developing the State plan;
``(B) reviewing the local plan;
``(C) monitoring and evaluating program effectiveness;
``(D) assuring compliance with all applicable Federal laws;
and
``(E) providing technical assistance.
``(4) If the amount allocated for any fiscal year under
paragraph (2) shall be less than the amount allocated under
such paragraph for fiscal year 2005, additional amounts may
be made available from the amount allocated under paragraph
(1) for the purposes described in paragraph (2). If such
additional amounts are made available under this paragraph,
the percentage of the total amount allotted under section 111
that is allocated for the purposes described in paragraph (2)
shall not exceed the percentage of the total amount allotted
under section 111 for fiscal year 2005 that was allocated
under paragraph (2) for fiscal year 2005.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking the semicolon and
inserting ``; and'';
(ii) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (D); and
(B) in paragraph (2), by striking ``through (D)'' and
inserting ``through (C)''.
SEC. 8. ACCOUNTABILITY.
(a) Purpose.--Section 113(a) (20 U.S.C. 2323(a)) is
amended--
(1) by striking ``establish a State'' and inserting
``support a State and local''; and
(2) by inserting ``and its eligible recipients'' after
``effectiveness of the State''.
(b) State Performance Measures.--Section 113(b) (20 U.S.C.
2323(b)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(B) in subparagraph (A)--
(i) in the subparagraph heading, by inserting ``for
secondary students'' after ``performance'';
(ii) by inserting ``of secondary students that are, to the
extent practicable, valid and reliable and'' after
``indicators of performance'';
(iii) in clause (i), by striking ``State established
academic,'' and inserting ``academic content and achievement
standards, as established by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1)),'';
(iv) in clause (ii)--
[[Page S7533]]
(I) by striking ``or its recognized equivalent,'' and
inserting ``, General Education Development credential (GED),
or other State-recognized equivalent (including recognized
alternative standards for individuals with disabilities),
or''; and
(II) by striking ``, or a postsecondary degree or
credential'';
(v) by amending clause (iii) to read as follows:
``(iii) Student graduation rates (as described in section
1111(b)(2)(C)(vi) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).'';
(vi) by redesignating clause (iv) as clause (v) and
inserting after clause (iii) the following:
``(iv) Placement in postsecondary education or advanced
training, placement in military service, or placement in
employment.''; and
(vii) in clause (v) (as so redesignated), by striking
``training and employment'' and inserting ``fields'';
(C) by inserting after subparagraph (A) the following:
``(B) Core indicators of performance for postsecondary
students.--Each eligible agency shall identify in the State
plan core indicators of performance of postsecondary students
that are, to the extent practicable, valid and reliable, and
that include, at a minimum, measures of each of the
following:
``(i) Student attainment of challenging academic and
vocational and technical skill proficiencies.
``(ii) Student retention in postsecondary education,
attainment of an associate degree or postsecondary
credential, or transfer to a baccalaureate degree program.
``(iii) Placement in military service or placement or
retention in employment.
``(iv) Student participation in and completion of
vocational and technical education programs in nontraditional
fields.'';
(D) in subparagraph (C) (as so redesignated), by striking
``under the title'' and inserting ``under this title''; and
(E) in subparagraph (D) (as so redesignated), by inserting
``vocational and technical education'' after ``has developed
State''; and
(2) in paragraph (3)--
(A) by amending the paragraph heading to read as follows:
``(3) State levels of performance.--''; and
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``paragraph (2)(A)'' and inserting
``subparagraphs (A) and (B) of paragraph (2)''; and
(II) in subclause (II), by striking ``to continually'' and
all that follows through ``performance'', and inserting ``to
make continuous and substantial improvement in the academic
and vocational and technical achievement'';
(ii) by amending clause (v) to read as follows:
``(v) Agreement on state adjusted levels of performance for
subsequent years.--
``(I) 3rd and 4th program years.--Prior to the third
program year covered by the State plan, the Secretary and
each eligible agency shall reach agreement on the State
adjusted levels of performance for each of the core
indicators of performance for the third and fourth programs
years covered by the State plan, taking into account the
factors described in clause (vi).
``(II) 5th and 6th program years.--Prior to the fifth
program year covered by the State plan, the Secretary and
each eligible agency shall reach agreement on the State
adjusted levels of performance for each of the core
indicators of performance for the fifth and sixth programs
years covered by the State plan, taking into account the
factors described in clause (vi).
``(III) Agreements incorporated into state plan.--The State
adjusted levels of performance agreed to under this clause
shall be considered the State adjusted levels of performance
for the State for such years and shall be incorporated into
the State plan.'';
(iii) in clause (vi)(II), by inserting ``and substantial''
after ``continuous''; and
(iv) in clause (vii)--
(I) by striking ``clause (vi)(II)'' and inserting ``clause
(vi)''; and
(II) by striking ``under clause (iii) or (vi)'' and
inserting ``under clause (iii) or (v)''.
(c) Local Levels of Performance.--Section 113(b) is further
amended by adding at the end the following:
``(4) Local levels of performance.--
``(A) Local adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible recipient shall establish
in the local plan submitted under section 134, levels of
performance for each of the core indicators of performance
described in paragraph (2)(A) and (B), as appropriate for the
eligible recipient, for vocational and technical education
activities authorized under this title. The levels of
performance established under this subparagraph shall, at a
minimum--
``(I) be expressed in a percentage or numerical form, so as
to be objective, quantifiable, and measurable; and
``(II) require the eligible recipient to make continuous
and substantial improvement in the academic and vocational
and technical achievement of vocational and technical
education students.
``(ii) Identification in the local plan.--Each eligible
recipient shall identify, in the local plan submitted under
section 134, levels of performance for each of the core
indicators of performance for the first 2 program years
covered by the local plan.
``(iii) Agreement on local adjusted levels of performance
for first 2 years.--The eligible agency and each eligible
recipient shall reach agreement on the levels of performance
for each of the core indicators of performance, for the first
2 program years covered by the local plan, taking into
account the levels identified in the local plan under clause
(ii) and the factors described in clause (v). The levels of
performance agreed to under this clause shall be considered
to be the local adjusted level of performance for the
eligible recipient for such years and shall be incorporated
into the local plan prior to the approval of such plan.
``(iv) Agreement on local adjusted levels of performance
for subsequent years.--
``(I) 3rd and 4th program years.--Prior to the third
program year covered by the local plan, the eligible agency
and each eligible recipient shall reach agreement on the
local adjusted levels of performance for each of the core
indicators of performance for the third and fourth program
years covered by the local plan, taking into account the
factors described in clause (v).
``(II) 5th and 6th program years.--Prior to the fifth
program year covered by the local plan, the eligible agency
and each eligible recipient shall reach agreement on the
local adjusted levels of performance for each of the core
indicators of performance for the fifth and sixth program
years covered by the local plan, taking into account the
factors described in clause (v).
``(III) Agreements incorporated into local plan.--The local
adjusted levels of performance agreed to under this clause
shall be considered to be the local adjusted levels of
performance for the eligible recipient for such years and
shall be incorporated into the local plan.
``(v) Factors.--The agreement described in clause (iii) or
(iv) shall take into account--
``(I) how the levels of performance involved compare with
the local adjusted levels of performance established for
other eligible recipients taking into account factors
including the characteristics of participants when the
participants entered the program and the services or
instruction to be provided; and
``(II) the extent to which such levels of performance
promote continuous and substantial improvement on the
indicators of performance by such eligible recipient.
``(vi) Revisions.--If unanticipated circumstances arise
with respect to an eligible recipient resulting in a
significant change in the factors described in clause (v),
the eligible recipient may request that the local adjusted
levels of performance agreed to under clause (iii) or (iv) be
revised. The eligible agency shall issue objective criteria
and methods for making such revisions.
``(B) Levels of performance for additional indicators.--
Each eligible recipient may identify in the local plan, local
levels of performance for any additional indicators of
performance. Such levels shall be considered to be the local
levels of performance for purposes of this title.
``(C) Local report.--
``(i) Content of report.--Each eligible recipient that
receives an allotment under section 111 shall annually
prepare and submit to the eligible agency a report
regarding--
``(I) the progress of such recipient in achieving the local
adjusted levels of performance on the core indicators of
performance; and
``(II) in the case of an eligible recipient that receives
funds described in section 112(a) for activities described in
section 135(b)(3), the progress in achieving the local
adjusted levels of performance on the core indicators of
performance with respect to tech-prep program participants.
``(ii) Data.--Each eligible recipient shall--
``(I) disaggregate data for each of the indicators of
performance under section 113(b)(2) for the categories of
students enumerated under section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act of 1965 that are
served under this Act; and
``(II) identify and quantify any disparities or gaps in
performance between any such category of students and the
performance of all students served by the eligible recipient
under the Act.
``(iii) Rules for reporting of data.--The disaggregation of
data under clause (ii) shall be required except in a case in
which the number of students in a category is insufficient to
yield statistically reliable information or in which the
results would reveal personally identifiable information
about an individual student.
``(iv) Availability.--The report described in clause (i)
shall be made available to the public through a variety of
formats, including electronically through the Internet.''.
(d) State Report.--Section 113(c) (20 U.S.C. 2323(c)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively, and inserting after paragraph (1)
the following:
``(2) Data.--Each eligible agency under this subsection
shall--
``(A) disaggregate data for each of the indicators of
performance under section 113(b)(2) for the categories of
students enumerated under section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act of 1965 that are
served under this Act; and
``(B) identify and quantify any disparities or gaps in
performance between any such category of students and the
performance of all students served by the eligible agency
under the Act.
``(3) Rules for reporting of data.--The disaggregation of
data under paragraph (2) shall be required except in a case
in which the number of students in a category is insufficient
to yield statistically reliable information or in which the
results would reveal personally identifiable information
about an individual student.''; and
(2) in paragraph (4) (as so redesignated)--
(A) by striking ``special populations'' and inserting
``each of the populations described in section 3(25) and the
populations described in section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i))''; and
(B) by striking ``have made'' and inserting ``has made''.
[[Page S7534]]
SEC. 9. NATIONAL ACTIVITIES.
(a) Program Performance Information.--Section 114(a)(3) (20
U.S.C. 2324(a)(3)) is amended by inserting ``in the
aggregate'' after ``international comparisons''.
(b) Evaluation and Assessment.--Section 114(c) (20 U.S.C.
2324(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Independent advisory panel.--The Secretary shall
appoint an independent advisory panel, consisting of academic
and vocational and technical education educators,
administrators, experts in evaluation, research, and
assessment, representatives of labor organizations,
businesses, parents, guidance and counseling professionals,
and other individuals with relevant expertise, to advise the
Secretary on the implementation of the assessment described
in paragraph (3), including the issues to be addressed and
the methodology of the studies involved to ensure the
assessment adheres to the highest standards of quality. The
advisory panel shall transmit to the Secretary and to
Congress an independent analysis of the findings and
recommendations resulting from such assessment. The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
panel established under this subsection.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``the implementation
of the'' after ``and assessment of'';
(B) in subparagraph (B)--
(i) by inserting ``but shall not be limited to'' after
``paragraph (1) shall include'';
(ii) by striking clauses (i), (ii), (iv), and (vii) and
redesignating clauses (iii), (v), (vi), and (viii) as clauses
(i) through (iv), respectively;
(iii) in clause (i) (as so redesignated), by striking ``,
and academic, curricula in vocational and technical education
programs,'' and inserting ``education (such as meeting State
established teacher certification or licensing
requirements)''; and
(iv) in clause (ii) (as so redesignated)--
(I) by striking ``and employment outcomes'' and all that
follows through ``including analyses of'' and inserting ``and
vocational and technical education achievement and employment
outcomes of vocational and technical education students,
including analyses of'';
(II) in subclause (I), by striking ``and tech-prep
students'' and inserting ``and students participating in the
activities described in section 135(b)(3)'';
(III) in subclause (II), by striking ``academic, and
vocational and technical, education'' and inserting
``rigorous and challenging academic and vocational and
technical education, including a review of the effect of
integrated rigorous and challenging academic and vocational
and technical education on the achievement of students''; and
(IV) in subclause (III), by inserting ``, particularly
those in which math and science skills are critical,'' after
``high-skill careers''; and
(C) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate'' and inserting
``Congress''; and
(II) by striking ``2002'' and inserting ``2009'' both
places it appears; and
(ii) in clause (ii), by striking ``the Committee on
Education and the Workforce of the House of Representatives,
the Committee on Labor and Human Resources of the Senate,''
and inserting ``Congress'';
(3) in paragraph (5)(A)--
(A) by striking ``to carry out research'' each place it
appears, and inserting ``to carry out scientifically based
research'';
(B) in clause (i), by inserting ``scientifically based''
after ``programs, including'';
(C) in clause (ii), by inserting ``that are integrated with
rigorous and challenging academic education'' after
``implementation of vocational and technical education
programs''; and
(D) in clause (iii)(I), by inserting ``and the integration
of those systems with the academic education system'' after
``technical education systems'';
(4) in paragraph (6)--
(A) by striking:
``(6) Demonstrations and dissemination.--
``(A) Demonstration program.--The'', and inserting:
``(6) Demonstrations and dissemination.--The''; and
(B) by striking subparagraph (B); and
(5) in paragraph (8), by striking ``this section'' and all
that follows and inserting ``subsections (a), (b), and (c) of
this section, such sums as may be necessary for each of
fiscal years 2006 through 2011.''.
(c) Incentive Grants for Eligible Agencies.--Section 114 is
further amended by adding at the end the following new
subsection:
``(d) Incentive Grants for Eligible Agencies.--
``(1) In general.--From funds reserved under section
111(a)(1)(C), the Secretary may award grants to eligible
agencies for exemplary performance in carrying out programs
under this Act. Such awards shall be based on an eligible
agency exceeding State adjusted levels of performance
established under section 113(b) and showing sustained or
significant improvement.
``(2) Special consideration.--In awarding these grants, the
Secretary may consider--
``(A) an eligible agency's success in effectively
developing connections between secondary education and
postsecondary education and training;
``(B) an eligible agency's integration of rigorous and
challenging academic and technical coursework; and
``(C) an eligible agency's progress in having special
populations participating in vocational and technical
education meet State adjusted levels of performance.
``(3) Use of funds.--The funds awarded to an eligible
agency under this subsection may be used to carry out any
activities authorized under section 124, including
demonstrations of innovative programs.''.
SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, AND
TRIBALLY CONTROLLED INSTITUTIONS.
(a) Assistance for the Outlying Areas.--Section 115 (20
U.S.C. 2325) is amended to read as follows:
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying Areas.--From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $660,000 to Guam;
``(2) make a grant in the amount of $350,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands; and
``(3) make a grant in the amount of $160,000 to the
Republic of Palau.
``(b) Remainder.--Subject to the provisions of subsection
(a), the Secretary shall make a grant of the remainder of
funds reserved pursuant to section 111(a)(1)(A), in equal
proportion, to each of Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, for the purpose
of providing direct vocational and technical educational
services, including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) the improvement of vocational and technical education
and training programs in secondary schools and institutions
of higher education, or improving cooperative education
programs involving both secondary schools and institutions of
higher education.
``(c) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this section upon entering
into an agreement for extension of United States educational
assistance under the Compact of Free Association after the
date of enactment of the Vocational and Technical Education
for the Future Act.''.
(b) Native American Program.--Section 116 (20 U.S.C. 2326)
is amended--
(1) in subsection (a), by inserting a period at the end of
paragraph (5); and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection (d)'' and
inserting ``subsection (c)''; and
(B) in paragraph (2), by striking ``(other than in
subsection (i))''.
(c) Tribally Controlled Institutions.--Section 117 (20
U.S.C. 2327) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Uses of Grants.--Amounts made available under this
section shall be used for vocational and technical education
programs for Indian students and for institutional support
costs of the grant, including the expenses described in
subsection (e).'';
(2) in subsection (c), by inserting after paragraph (2) the
following:
``(3) Indirect costs.--Notwithstanding any other provision
of law or regulation, the Secretary shall not require the use
of a restricted indirect cost rate for grants issued under
this section.'';
(3) by striking subsection (g) and redesignating
subsections (h) and (i) as subsections (g) and (h),
respectively; and
(4) in subsection (h) (as so redesignated)--
(A) by striking ``$4,000,000 for fiscal year 1999 and'';
and
(B) by striking ``the 4 succeeding fiscal years'' and
inserting ``fiscal years 2006 through 2011''.
(d) Occupational and Employment Information.--Section 118
(20 U.S.C. 2328) is amended--
(1) by amending subsection (b) to read as follows:
``(b) State Level Activities.--
``(1) Designated entity.--In order for a State to receive a
grant under this section, the eligible agency and the
Governor of the State shall jointly designate an entity in
the State responsible for conducting the activities in this
subsection.
``(2) Application.--The jointly designated agency shall
submit an application to the Secretary at the same time the
State submits its state plan under section 122. The
application shall be in such a manner and be accompanied by
such information as the Secretary may reasonably require. At
a minimum, the application shall describe how the jointly
designated agency will assist the eligible agency in meeting
its adjusted levels of performance under section 113(b).
``(3) Activities.--The jointly designated agency shall
conduct activities--
``(A) to provide support for career guidance and academic
counseling programs designed to promote improved career and
education decision making by students (and parents, as
appropriate) regarding education and training options and
preparations for high skill, high wage occupations;
``(B) to make available to students, parents, teachers,
administrators, and counselors, and improve accessibility to,
information and planning resources that relate academic and
vocational and technical educational preparation to career
goals and expectations;
``(C) to equip teachers, administrators, and counselors
with the knowledge, skills, and occupational information
needed to assist students and parents with educational and
other postsecondary opportunities and education financing;
``(D) to assist appropriate State entities in tailoring
resources and training for use by such entities;
``(E) to improve coordination and communication among
administrators and planners of programs authorized by this
Act and by section 15
[[Page S7535]]
of the Wagner-Peyser Act (29 U.S.C. 49l-2) at the Federal,
State, and local levels to ensure nonduplication of efforts
and the appropriate use of shared information and data; and
``(F) to provide ongoing means for customers, such as
students and parents, to provide comments and feedback on
products and services and to update resources, as
appropriate, to better meet customer requirements.'';
(2) in subsection (e)(1), by striking ``an identification''
and inserting ``a description''; and
(3) in subsection (f), by striking ``1999 through 2003''
and inserting ``2006 through 2011''.
SEC. 11. STATE ADMINISTRATION.
Section 121 (20 U.S.C. 2341) is amended to read as follows:
``SEC. 121. STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--The
responsibilities of an eligible agency under this title shall
include--
``(1) coordination of the development, submission, and
implementation of the State plan, and the evaluation of the
program, services, and activities assisted under this title,
including preparation for nontraditional fields;
``(2) consultation with the Governor and appropriate
agencies, groups, and individuals including parents,
students, teachers, representatives of businesses, labor
organizations, eligible recipients, State and local
officials, and local program administrators, involved in the
planning, administration, evaluation, and coordination of
programs funded under this title;
``(3) convening and meeting as an eligible agency
(consistent with State law and procedure for the conduct of
such meetings) at such time as the eligible agency determines
necessary to carry out the eligible agency's responsibilities
under this title, but not less than four times annually; and
``(4) the adoption of such procedures as the eligible
agency considers necessary to--
``(A) implement State level coordination with the
activities undertaken by the State boards under section 111
of Public Law 105-220; and
``(B) make available to the service delivery system under
section 121 of Public Law 105-220 within the State a listing
of all school dropout, postsecondary, and adult programs
assisted under this title.
``(b) Exception.--Except with respect to the
responsibilities set forth in subsection (a), the eligible
agency may delegate any of the other responsibilities of the
eligible agency that involve the administration, operation,
supervision of activities assisted under this title, in whole
or in part, to one or more appropriate State agencies.''.
SEC. 12. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``5-year period'' and
inserting ``6-year period'';
(B) in paragraph (2)(B), by striking ``5 year State plan''
and inserting ``6-year period''; and
(C) in paragraph (3), by striking ``(including employers,
labor organizations, and parents)'' and inserting
``(including charter school authorizers and organizers,
employers, labor organizations, parents, students, and
community organizations)'';
(2) in subsection (b)(1), by striking ``teachers, eligible
recipients, parents, students, interested community members''
and inserting ``academic and vocational and technical
education teachers, eligible recipients, charter school
authorizers and organizers, parents, students, interested
community members (including parent and community
organizations), institutions of higher education'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively, and inserting
before such subparagraphs (as so redesignated) the following:
``(A) the development of model sequences of courses for
vocational and technical content areas that--
``(i) incorporate both secondary and postsecondary
education elements;
``(ii) include rigorous and challenging academic content
and vocational and technical content in a coordinated,
nonduplicative progression of courses that align secondary
education with postsecondary education to adequately prepare
students to succeed in postsecondary education;
``(iii) lead to a postsecondary 1-year certificate,
associate or baccalaureate degree, or a proficiency
credential in conjunction with a secondary school diploma;
and
``(iv) may be adopted by local educational agencies and
postsecondary institutions to be offered as an option to
students (and their parents as appropriate), when choosing
future coursework;'';
(ii) in subparagraph (B) (as so redesignated), by inserting
``and how the eligible agency will distribute information
identifying eligible recipients that offer elements of the
model sequences of courses'' before the semicolon;
(iii) by amending subparagraph (C) (as so redesignated) to
read as follows:
``(C) the criteria that will be used by the eligible agency
to evaluate and approve eligible recipients for funds under
this title, including criteria to assess the extent to which
the local plan will promote continuous and substantial
improvement in academic achievement and technical skill
attainment;'';
(iv) in subparagraph (D) (as so redesignated)--
(I) by inserting ``, both academically and technically,''
after ``students''; and
(II) by striking ``; and'' and inserting ``, and how
participating students will be made aware of such
opportunities;'';
(v) in subparagraph (E) (as so redesignated), by inserting
``aligned with rigorous and challenging academic content''
before the semicolon; and
(vi) by inserting after subparagraph (E) (as so
redesignated) the following:
``(F) the process through which the eligible agency will
develop the secondary or postsecondary elements of the model
sequences of courses described in subparagraph (A);
``(G) the role that any eligible recipients successfully
implementing the activities described in section 135(b)(3)
will play in assisting other eligible recipients in
establishing agreements and plans for coordinating the
offering of model sequences of courses to students at both
the secondary and postsecondary levels;
``(H) how funds will be used effectively to link secondary
and postsecondary academic and vocational and technical
education in a manner that increases student academic and
vocational and technical achievement; and
``(I) how the eligible agency will report the integration
of rigorous and challenging academics in vocational and
technical education programs in order to adequately evaluate
the quality of such integration;'';
(B) by amending paragraph (2) to read as follows:
``(2) describes how comprehensive professional development
(including initial teacher preparation and activities that
support recruitment) for vocational and technical, academic,
guidance, and administrative personnel will be provided,
especially professional development that--
``(A) promotes the integration of rigorous and challenging
academic and vocational and technical education curriculum
development;
``(B) increases the percentage of teachers that meet
teacher certification or licensing requirements;
``(C) increases the academic and industry knowledge of
vocational and technical education teachers; and
``(D) encourages applied learning that contributes to the
academic and vocational and technical knowledge of the
student;'';
(C) in paragraph (3), by inserting ``academic and
vocational and technical'' after ``parents,'';
(D) in paragraph (5)(A)--
(i) by inserting ``(especially as pertaining to math,
science, and technology)'' after ``academic and technical
skills''; and
(ii) by striking ``core academic, and vocational and
technical, subjects'' and inserting ``core academic subjects
(as defined in section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(11))), and
vocational and technical subjects'';
(E) in paragraph (11), by inserting ``and technology''
after ``equipment'';
(F) by striking paragraph (19) and redesignating paragraphs
(12) through (18) as paragraphs (13) through (19),
respectively;
(G) by inserting after paragraph (11) the following:
``(12) describes how the eligible agency will ensure that
any entity in the State that purchases equipment with funds
under this Act will dispose of that equipment in such a
manner as to ensure that any personally identifiable
information contained in that equipment will be totally
destroyed prior to, or as part of, the disposition;'';
(H) in paragraph (18) (as so redesignated), by striking
``training and employment'' and inserting ``fields''; and
(I) by redesignating paragraphs (20) and (21) as paragraphs
(22) and (23), respectively, and inserting after paragraph
(19) (as so redesignated) the following:
``(20) describes how the eligible agency will award grants,
on a competitive basis or on the basis of a formula
determined by the eligible agency, using funds described in
section 112 (a) (1) for activities described in section
135(b)(3);
``(21) describes how the eligible agency will carry out
measurable, sustainable, and coordinated tech-prep activities
in the State (as described in section 135(b)(3)), with funds
allocated under section 112(a), that are developed in
consultation with the entities described in subsection (b)(1)
and that effectively prepare students for post-secondary
education or employment in high-demand occupations through a
seamless program of study consisting of appropriate advanced
academic and technical courses that include a minimum of 2
years of secondary school preceding graduation and a minimum
of 2 years of higher education or an apprenticeship program
of at least 2 years following secondary instruction;''; and
(4) by striking subsections (d) and (f) and redesignating
subsection (e) as subsection (d).
SEC. 13. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended to read as follows:
``SEC. 123. IMPROVEMENT PLANS.
``(a) State Program Improvement.--
``(1) Plan.--If a State fails to meet the agreed upon State
adjusted levels of performance required under section
113(b)(3), the eligible agency shall develop and implement a
program improvement plan (with special consideration to
performance gaps identified under section 113(c)(2)) in
consultation with the appropriate agencies, individuals, and
organizations for the first program year succeeding the
program year in which the eligible agency failed to meet the
State adjusted levels of performance, in order to avoid a
sanction under paragraph (3).
``(2) Technical assistance.--If the Secretary determines
that an eligible agency is not properly implementing the
eligible agency's responsibilities under section 122, or is
not making substantial progress in meeting the purposes of
this Act, based on the State's adjusted levels of
performance, the Secretary shall work with the eligible
agency to implement improvement activities consistent with
the requirements of this Act.
``(3) Subsequent action.--
``(A) In general.--If an eligible agency fails to meet the
State adjusted levels of performance and the purposes of this
Act, has not implemented an improvement plan as described in
paragraph (1), has shown no improvement within 1 year after
implementing an improvement
[[Page S7536]]
plan as described in paragraph (1), or has failed to meet the
State adjusted levels of performance and the purposes of this
Act for 2 or more consecutive years, the Secretary may, after
notice and opportunity for a hearing, withhold from the
eligible agency all, or a portion of, the eligible agency's
allotment under this title.
``(B) Waiver for exceptional circumstances.--The Secretary
may waive the sanction in subparagraph (A) due to exceptional
or uncontrollable circumstances, such as a natural disaster
or a precipitous and unforeseen decline in the financial
resources of the State.
``(4) Funds resulting from reduced allotments.--
``(A) In general.--The Secretary shall use funds withheld
under paragraph (3) for a State served by an eligible agency,
to provide (through alternative arrangements) services and
activities within the State to meet the purposes of this Act.
``(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under paragraph (3), then
the amount of funds retained by the Secretary as a result of
a reduction in an allotment made under paragraph (3) shall be
redistributed to other eligible agencies in accordance with
section 111.
``(b) Local Program Improvement.--
``(1) Local evaluation.--Each eligible agency shall
evaluate annually, using the local adjusted levels of
performance described in section 113(b)(4), the vocational
and technical education activities of each eligible recipient
receiving funds under this title.
``(2) Plan.--
``(A) In general.--If, after reviewing the evaluation, the
eligible agency determines that an eligible recipient is not
making substantial progress in achieving the local adjusted
levels of performance, or that an eligible recipient
demonstrates under section 113(b)(4)(C) persistent or a
widening of performance gaps between multiple categories of
students served by the eligible recipient in comparison to
all students in the State served under the Act, the eligible
agency shall--
``(i) conduct an assessment of the educational needs that
the eligible recipient shall address to overcome local
performance deficiencies;
``(ii) enter into an improvement plan agreement with an
eligible recipient based on the results of the assessment,
for the first program year succeeding the program year in
which the eligible recipient failed to meet the local
adjusted levels of performance, which plan shall demonstrate
how the local performance deficiencies will be corrected and
include strategies for professional development and
instructional and other programmatic innovations of
demonstrated effectiveness, giving special consideration to
performance gaps identified under section 113(b)(4)(C); and
``(iii) conduct regular evaluations of the progress being
made toward reaching the local adjusted levels of performance
as described in section 113(b)(4) and progress on
implementing the improvement plan.
``(B) Consultation.--The eligible agency shall conduct the
activities described in paragraph (2) in consultation with
teachers, parents, other school staff, appropriate agencies,
and other appropriate individuals and organizations.
``(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities under
section 134, or is not making substantial progress in meeting
the purpose of this Act, based on the local adjusted levels
of performance, the eligible agency shall provide technical
assistance to the eligible recipient to assist such recipient
in carrying out the improvement activities consistent with
the requirements of this Act.
``(4) Subsequent action.--
``(A) In general.--If an eligible recipient fails to meet
the local adjusted levels of performance as described in
section 113(b)(4) and the purposes of this Act, has not
implemented an improvement plan as described in paragraph
(2), has shown no improvement within 1 year after
implementing an improvement plan as described in paragraph
(2), or has failed to meet the local adjusted levels of
performance and the purposes of this Act for 2 or more
consecutive years, the eligible agency may, after notice and
opportunity for a hearing, withhold from the eligible
recipient all, or a portion of, the eligible recipient's
allotment under this title.
``(B) Waiver for exceptional circumstances.--The eligible
agency may waive the sanction under this paragraph due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(5) Funds resulting from reduced allotments.--The
eligible agency shall use funds withheld under paragraph (4)
to continue to provide (through alternative arrangements)
services and activities in the area served by such recipient
to meet the purpose of this Act.''.
SEC. 14. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``learning'' and
inserting ``education'';
(B) in paragraph (2)--
(i) by inserting ``, and the required math and science
education,'' after ``use of technology in vocational and
technical education''; and
(ii) in subparagraph (B)--
(I) by inserting ``(including the math and science
knowledge that provides a strong basis for such skills)''
after ``technical skills''; and
(II) by striking ``and telecommunications field'' and
inserting ``fields, including nontraditional fields'';
(C) in paragraph (3)--
(i) by inserting ``at the secondary and postsecondary
levels'' after ``academic, guidance, and administrative
personnel'';
(ii) by redesignating subparagraphs (A) through (D) as
subparagraphs (C) through (F), respectively, and inserting
before such subparagraphs (as so redesignated) the following:
``(A) will provide inservice and preservice training for
vocational and technical education teachers in the
integration and use of rigorous and challenging academics
with vocational and technical subjects;
``(B) are high quality, sustained, intensive, and
classroom-focused in order to have a positive and lasting
impact on classroom instruction and the teacher's performance
in the classroom, and are not 1-day or short-term workshops
or conferences;'';
(iii) in subparagraph (C) (as so redesignated)--
(I) by inserting ``scientifically based'' after ``based
on''; and
(II) by striking ``; and'' and inserting a semicolon;
(iv) in subparagraph (D) (as so redesignated), by striking
``assist students in meeting'' and inserting ``improve
student achievement in order to meet''; and
(v) by amending subparagraph (E) (as so redesignated) to
read as follows:
``(E) will support education programs for teachers of
vocational and technical education in public schools and
other public school personnel who are involved in the direct
delivery of educational services to vocational and technical
education students to ensure that teachers and personnel--
``(i) stay current with the needs, expectations, and
methods of industry;
``(ii) meet teacher certification or licensing
requirements, especially in core academic subjects as defined
in section 9101(11) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(11));
``(iii) effectively develop integrated rigorous and
challenging academic and vocational and technical education
curriculum;
``(iv) develop a high level of academic and industry
knowledge and skills necessary to provide effective
instruction in vocational and technical education; and
``(v) effectively use applied learning that contributes to
the academic and vocational and technical knowledge of the
student; and'';
(D) in paragraph (4), by striking ``integration of
academics'' and all that follows through ``core academic,''
and inserting ``provision of rigorous and challenging
academics that are integrated with vocational and technical
education to ensure achievement in the core academic subjects
(as defined in section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(11))),'';
(E) in paragraph (5), by striking ``training and
employment'' and inserting ``fields'';
(F) in paragraph (6), by inserting ``and complete a model
sequence of courses, as described in section 122(c)(1)(A)''
after ``technical skills'';
(G) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(H) in paragraph (8), by striking the period and inserting
``; and''; and
(I) by inserting after paragraph (8) the following:
``(9) technical assistance for eligible recipients.''; and
(2) in subsection (c)--
(A) by striking paragraph (1), and redesignating paragraphs
(2) through (10) as paragraphs (1) through (9), respectively,
and paragraphs (11) and paragraphs (13) and (14),
respectively;
(B) in paragraph (9) (as so redesignated), by inserting
``that prepare individuals academically and technically for
current and emerging occupations in demand'' after
``education courses''; and
(C) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) awarding incentive grants to eligible recipients for
exemplary performance in carrying out programs under this
Act, which awards shall be based on--
``(A) eligible recipients exceeding challenging performance
measures established under section 113(b) in a manner that
reflects sustained or significant improvement;
``(B) eligible recipients effectively developing
connections between secondary education and postsecondary
education and training;
``(C) the adoption and integration of rigorous and
challenging academic and technical coursework;
``(D) an eligible recipient's progress in having special
populations participating in vocational and technical
education programs meet local adjusted levels of performance;
or
``(E) other factors relating to the performance of the
eligible recipient under this Act as the eligible agency
determines are appropriate;
``(11) providing for activities to support entrepreneurship
education and training;
``(12) support for initiatives to facilitate the transition
of sub-baccalaureate career and technical education students
into baccalaureate degree programs, including--
``(A) statewide articulation agreements between sub-
baccalaureate degree granting career and technical
postsecondary educational institutions and baccalaureate
degree granting post-secondary educational institutions;
``(B) postsecondary dual and concurrent enrollment program;
``(C) academic and financial aid counseling; and
``(D) other initiatives to--
``(i) encourage the pursuit of a baccalaureate degree; and
``(ii) overcome barriers to participation in baccalaureate
degree programs, including geographic and other barriers
affecting rural students and special populations;''.
SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
[[Page S7537]]
(1) by striking subsection (a) and redesignating
subsections (b) through (i) as subsections (a) through (h),
respectively;
(2) in subsection (a) (as so redesignated)--
(A) in the subsection heading, by striking ``Special'' and
``for Succeeding Fiscal Years''; and
(B) by striking ``for fiscal year 2000 and succeeding
fiscal years''; and
(3) in subsection (b) (as so redesignated)--
(A) by striking ``subsection (b)'' and inserting
``subsection (a)''; and
(B) by striking ``(42 U.S.C. 9902(2))'' and inserting ``(42
U.S.C. 9902(2)))''.
SEC. 16. ELIMINATION OF REDISTRIBUTION RULE.
Section 133 (20 U.S.C. 2353) is amended by striking
subsection (b) and redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION
PROGRAMS.
Section 134(b) (20 U.S.C. 2354(b)) is amended--
(1) in paragraph (2), by inserting ``and local'' after
``State'';
(2) in paragraph (3)--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively, and inserting
before such subparagraphs the following:
``(A) offer the appropriate courses of at least one of the
model sequences of courses described in section 124(c)(1), as
appropriate to the eligible recipient responsible for that
element of the sequence;'';
(B) in subparagraph (B) (as so redesignated)--
(i) by inserting ``rigorous and challenging'' after
``integration of''; and
(ii) by inserting ``subjects (as defined by section
9101(11) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(11)))'' after ``core academic''; and
(C) in subparagraph (D) (as so redesignated), by inserting
``rigorous and'' after ``taught to the same'';
(3) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively, and inserting
after paragraph (3) the following:
``(4) describe how comprehensive professional development
(including initial teacher preparation) for vocational and
technical, academic, guidance, and administrative personnel
will be provided that promotes the integration of rigorous
and challenging academic and technical education (including
curriculum development);'';
(4) in paragraph (5) (as so redesignated)--
(A) by inserting ``academic and vocational and technical''
after ``students,''; and
(B) by inserting ``(including the eligible recipients that
offer elements of the model sequence of courses)'' after
``such individuals and entities''; and
(5) in paragraph (8) (as so redesignated)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(C) by inserting after subparagraph (B) the following:
``(C) will provide activities to prepare special
populations, including single parents and displaced
homemakers, for high skill, high wage occupations that will
lead to self-sufficiency;''.
SEC. 18. LOCAL USE OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``to ensure learning in
the core academic'' and inserting ``as established in the
State-developed model sequences of courses described in
section 122(c)(1)(A) to ensure learning in the core academic
subjects (as defined by section 9101(11) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801(11)))'';
(B) by striking paragraph (8);
(C) by redesignating paragraphs (2) through (7) as
paragraphs (4) through (9), respectively, and inserting after
paragraph (1) the following:
``(2) link secondary vocational and technical education and
postsecondary vocational and technical education, including
offering model sequences of courses and implementing tech-
prep programs consistent with the activities described in
paragraph (3);
``(3) support tech-prep programs (if the eligible recipient
receives the funds from the eligible agency under section
112(a)(1)) that--
``(A) are carried out under an articulation agreement
between the participants in a consortium, which shall
include--
``(i) a local educational agency, an intermediate
educational agency or area vocational and technical education
school serving secondary school students, or a secondary
school funded by the Bureau of Indian Affairs; and
``(ii)(I) a nonprofit institution of higher education that
offers--
``(aa) a 2- or 4-year degree program, or a 2-year
certificate program, and is qualified as an institution of
higher education pursuant to section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002) (except those
institutions described in section 102(a)(1)(C) of such Act),
including an institution receiving assistance under the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801 et seq.) and a tribally controlled
postsecondary vocational and technical institution; or
``(bb) a 2-year apprenticeship program that follows
secondary instruction, if such nonprofit institution of
higher education is not prohibited from receiving assistance
under part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.) pursuant to the provisions of
section 435(a)(3) of such Act (20 U.S.C. 1083(a)); or
``(II) a proprietary institution of higher education that
offers a 2-year associate degree program and is qualified as
an institution of higher education pursuant to section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002), if such
proprietary institution of higher education is not subject to
a default management plan required by the Secretary,
and may include nonprofit organizations that provide eligible
recipients with technology and programs to enhance math and
science skills, employers, and labor organizations;
``(B) consist of a minimum of 2 years of secondary school
preceding graduation and a minimum of 2 years of higher
education, or an apprenticeship program of at least 2 years,
following secondary instruction;
``(C) meet academic standards developed by the State,
including standards developed under section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311) for secondary students, and support proficiency in
mathematics, science, reading, writing, communications, and
technologies;
``(D) are comprised of model sequences of courses that
integrate rigorous and challenging academics and vocational
and technical education;
``(E) provide technical preparation in a career field such
as engineering technology; applied science; a mechanical,
industrial, or practical art or trade; agriculture; health
occupations; business; applied economics; advanced
manufacturing; or other high-skill, high-wage, high-demand
occupations as determined by the State;
``(F) use, if appropriate and available, work-based or
worksite learning in conjunction with academic and vocational
and technical education;
``(G) use educational technology and distance learning, as
appropriate, to involve all the consortium partners more
fully in the development and operation of programs;
``(H) facilitate and promote close working relationships
among eligible recipients to ensure that programs within a
geographic area are closely integrated with tech-prep program
activities;
``(I) are sustainable and use performance indicator data,
described in section 113, to inform program quality;
``(J) include academic and career counseling for
participants that provides information to students (and
parents, as appropriate) regarding tech-prep programs and
supports student progress in completing tech-prep programs;
``(K) include in-service training for teachers that--
``(i) provides for joint training for teachers in tech-prep
programs; and
``(ii) is designed to ensure that teachers and
administrators stay current with the needs, expectations, and
methods of business and all aspects of an industry; and
``(L) provide students with transferable credit between the
consortium members, as described in subparagraph (A), and may
include programs that allow secondary programs to be co-
located on postsecondary campuses;'';
(D) in paragraph (5) (as so redesignated)--
(i) by inserting ``, and the related math and science
education'' after ``use of technology in vocational and
technical education'';
(ii) in subparagraph (B)--
(I) by inserting ``(including the math and science
knowledge that provides a strong basis for such skills)''
after ``technical skills''; and
(II) by striking ``and telecommunications field'' and
inserting ``fields''; and
(iii) in subparagraph (C)--
(I) by striking ``work'' and inserting ``collaborate''; and
(II) by inserting ``that improve the math and science
knowledge of students'' after ``mentoring programs'';
(E) in paragraph (6) (as so redesignated)--
(i) by striking ``teachers,'' and inserting ``secondary and
postsecondary teachers, instructors,''; and
(ii) in subparagraph (A), by striking ``in effective
teaching skills based on research'' and inserting ``in
effective integration of rigorous and challenging academic
and vocational and technical education, in effective teaching
skills based on scientifically based research''; and
(F) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) provide activities to prepare special populations,
including single parents and displaced homemakers, for high
skill, high wage occupations that will lead to self
sufficiency.''; and
(2) in subsection (c)--
(A) in paragraph (2), by inserting ``, regarding the range
of postsecondary options available, including for adult
students who are changing careers or updating skills'' before
the semicolon;
(B) in paragraph (5), by inserting ``, including the
establishment and operation of special arrangements with
industry partners that allow qualified industry professionals
to serve as faculty in postsecondary programs'' before the
semicolon;
(C) in paragraph (8), by striking ``aides'' and inserting
``aids and publications'';
(D) in paragraph (9), by inserting ``that address the
integration of academic and vocational and technical
education and'' after ``teacher preparation programs'';
(E) by redesignating paragraphs (10) through (14) as
paragraphs (12) through (16), and paragraph (15) as paragraph
(20), respectively, and inserting after paragraph (9) the
following:
``(10) to develop and expand postsecondary program
offerings that are accessible by students, including the use
of distance education;
``(11) to provide activities to support entrepreneurship
education and training;'';
(F) in paragraph (12) (as so redesignated), by inserting
``, including development of new proposed model sequences of
courses for consideration by the eligible agency and courses
that prepare individuals academically and technically for
current and emerging occupations that are in demand, and dual
enrollment opportunities by which secondary vocational and
technical education students could obtain postsecondary
credit to count towards an associate or baccalaureate
degree'' before the semicolon;
[[Page S7538]]
(G) by amending paragraph (16) (as so redesignated) to read
as follows:
``(16) to support training in nontraditional fields;''; and
(H) by inserting after paragraph (16) (as so redesignated)
the following:
``(17) to provide accurate information relating to the
availability of supportive services available in an area
served by the eligible recipient, and referral to such
services, as appropriate;
``(18) to support the activities described in subsection
(b)(3);
``(19) for programs that assist in the training of
automotive technicians in diesel retrofitting, hybrid,
hydrogen, and alternative fuel automotive technologies;
and''.
SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT.
Title II (20 U.S.C. 2071 et seq.) is repealed.
SEC. 20. GENERAL PROVISIONS.
(a) Redesignation of Title III.--
(1) Redesignation.--Title III (20 U.S.C. 2391 et seq.) is
amended--
(A) by striking section 318;
(B) by redesignating such title as title II of such Act;
and
(C) by redesignating sections 311 through 317 as section
211 through 217 and sections 321 through 325 as sections 221
through 225, respectively.
(2) Table of contents amendment.--The table of contents in
section 1(b) is amended--
(A) by striking the items relating to title III; and
(B) by amending the items relating to title II to read as
follows:
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school children and personnel.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Limitation on Federal regulations.
``Sec. 225. Student assistance and other Federal programs.''.
(b) Fiscal Requirements.--Section 211(b) (20 U.S.C.
2391(b)) (as so redesignated) is amended by inserting after
paragraph (2) the following:
``(3) Definition.--For purposes of this subsection, the
term `preceding fiscal year' means the Federal fiscal year or
the 12-month fiscal period used by a State for official
reporting purposes, prior to the beginning of the Federal
fiscal year in which funds are available for obligation by
the Secretary.''.
(c) Participation of Private School Children and
Personnel.--Section 217 (as so redesignated) is amended to
read as follows:
``SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND
PERSONNEL.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency that is eligible to receive funds under this Act, or
that serves the area in which a program assisted under this
Act is located, who are enrolled in private nonprofit
elementary schools and secondary schools, or, with respect to
instructional or personnel training programs funded by an
eligible agency, the local educational agency, after
consultation with appropriate private school officials--
``(A) shall provide, on an equitable basis and as may be
necessary, for the benefit of such children in such schools,
secular, neutral, and nonideological services (or other
benefits), materials, and equipment, including the
participation of the teachers of such children (and other
educational personnel serving such children) in training
programs; or
``(B) if such services, materials, and equipment are not
feasible or necessary in one or more such private schools (as
determined by the local educational agency after consultation
with the appropriate private school officials), shall provide
such other arrangements as will assure equitable
participation of such children in the purposes and benefits
of this Act.
``(2) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children shall
apply to programs carried out under this Act by an eligible
agency or local educational agency, whether directly or
through grants to, or contracts with, other public or private
agencies, institutions, or organizations.
``(b) Equal Expenditures.--
``(1) In general.--Expenditures for programs under
subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under
this Act for children enrolled in the public schools of the
local educational agency.
``(2) Concentrated programs.--When funds available to a
local educational agency under this Act are used to
concentrate programs on a particular group, attendance area,
or grade or age level, the local educational agency shall,
after consultation with the appropriate private school
officials, assure the equitable participation in both the
purposes and benefits of such programs for children enrolled
in private schools who are included within the group,
attendance area, or grade or age level selected for such
concentration, taking into account the needs of the
individual children and other factors that relate to the
expenditures referred to in paragraph (1).
``(c) Administrative Requirements.--
``(1) Funds, materials and equipment.--
``(A) Funds.--The control of funds expended under this
section shall be administered by a public agency.
``(B) Materials and equipment.--The title to materials and
equipment provided under this section, shall remain with a
public agency for the uses and purposes provided in this Act.
``(2) Provision of services.--Services provided under this
Act shall be provided by employees of a public agency or
through contract by such a public agency with a person,
association, agency, organization, institution or corporation
that, in the provision of such services, is independent of
the private school and of any religious organizations, and
such employment or contract shall be under the control and
supervision of such a public agency. The funds utilized under
this section shall not be commingled with State or local
funds.
``(3) Timing and content of consultation.--The consultation
required under this section shall include meetings of agency
and private school officials and shall occur before the
eligible agency and local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this Act.
Such meetings shall include a discussion of service delivery
mechanisms (including third party contractors) and shall
continue throughout implementation and assessment of services
under this Act.
``(d) Waiver and Bypass Procedures.--
``(1) State prohibition.--If an eligible agency or local
educational agency is prohibited, by reason of any provision
of law, from providing for the participation in programs of
children enrolled in private elementary schools and secondary
schools as required by subsections (a) through (c), the
Secretary shall waive such requirements for the agency
involved and shall arrange for the provision of services to
such children through arrangements that shall be subject to
the requirements of this section.
``(2) Failure to comply.--If the Secretary determines that
an eligible agency or a local educational agency has
substantially failed, or is unwilling, to provide for the
participation on an equitable basis of children enrolled in
private elementary schools and secondary schools as required
by subsections (a) through (c), the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements that shall be subject
to the requirements of this section.
``(3) Payment from state allotment.--When the Secretary
arranges for services under this subsection, the Secretary
shall, after consultation with the appropriate public school
and private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the eligible
agency under this Act.
``(4) Duration of determination.--Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines that there will no longer be any
failure or inability on the Act of the eligible agency or
local educational agency to meet the requirements of
subsections (a) through (c).
``(5) Review of determination.--The Secretary shall not
take any final action under this section until the eligible
agency and the local educational agency affected by such
action have had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit written
objections and to appear before the Secretary or the
Secretary's designee to show cause why that action should not
be taken.
``(e) Withholding of Allotment or Allocation.--Pending
final resolution of any investigation or complaint that could
result in a waiver under subsection (d)(1) or (d)(2), the
Secretary may withhold from the allotment or allocation of
the affected eligible agency or local educational agency the
amount estimated by the Secretary to be necessary to pay the
cost of services to be provided by the Secretary under such
subsection.
``(f) Prior Determination.--Any bypass determination by the
Secretary under Title I or Title IX of the Elementary and
Secondary Education Act of 1965 shall, to the extent
consistent with the purposes of this Act, apply to programs
under this Act until such determinations terminate or
expire.''.
Amend the title so as to read ``An Act to amend the Carl
D. Perkins Vocational and Technical Education Act of 1998 to
strengthen and improve programs under that Act.''.
Mr. FRIST. I ask unanimous consent that the Senate disagree with the
House amendments and agree with the request for a conference.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FRIST. I further ask that the Chair be authorized to appoint
conferees on the part of the Senate with a ratio of 11 to 9, the full
membership of the HELP Committee.
There being no objection, the Chair appointed Mr. Enzi, Mr. Gregg,
Mr. Frist, Mr. Alexander, Mr. Burr, Mr. Isakson, Mr. DeWine, Mr.
Ensign, Mr. Hatch, Mr. Sessions, Mr. Roberts, Mr. Kennedy, Mr. Dodd,
Mr. Harkin, Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, Mrs. Murray, Mr.
Reed, and Mrs. Clinton conferees on the part of the Senate.
____________________