[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[Senate]
[Pages S5203-S5219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3408. Ms. MURKOWSKI (for Mr. Alexander) proposed an amendment to
the bill H.R. 2353, to reauthorize the Carl D. Perkins Career and
Technical Education Act of 2006; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Career and
Technical Education for the 21st Century Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
Sec. 5. Table of contents of the Carl D. Perkins Career and Technical
Education Act of 2006.
Sec. 6. Purpose.
Sec. 7. Definitions.
Sec. 8. Transition provisions.
Sec. 9. Prohibitions.
Sec. 10. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--Allotment and Allocation
Sec. 110. Reservations and State allotment
Sec. 111. Within State allocation.
Sec. 112. Accountability.
Sec. 113. National activities.
Sec. 114. Assistance for the outlying areas.
Sec. 115. Native American Programs.
Sec. 116. Tribally controlled postsecondary career and technical
institutions.
Sec. 117. 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 education programs.
Sec. 132. Special rules for career and technical education.
Sec. 133. Local application for career and technical education
programs.
Sec. 134. Local uses of funds.
TITLE II--GENERAL PROVISIONS
Sec. 201. Federal and State administrative provisions.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Amendments to the Elementary and Secondary Education Act of
1965.
Sec. 303. Amendment to the Workforce Innovation and Opportunity Act.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever 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 Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take
effect beginning on July 1, 2019.
SEC. 5. TABLE OF CONTENTS OF THE CARL D. PERKINS CAREER AND
TECHNICAL EDUCATION ACT OF 2006.
Section 1(b) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. 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 programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``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 education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local application for career and technical education
programs.
``Sec. 135. Local uses of funds.
``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 and children.
``Sec. 218. Limitation on Federal regulations.
``Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
``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. Student assistance and other Federal programs.''.
SEC. 6. PURPOSE.
Section 2 (20 U.S.C. 2301) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``academic and career and technical
skills'' and inserting ``academic knowledge and technical and
employability skills''; and
(B) by inserting ``and programs of study'' after
``technical education programs'';
(2) in paragraph (1), by striking ``high demand
occupations'' and inserting ``in-demand occupations'';
(3) in paragraph (3), by striking ``, including tech prep
education'';
(4) in paragraph (4), by inserting ``and programs of
study'' after ``technical education programs'';
(5) in paragraph (6), by striking ``and'' after the
semicolon;
(6) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(7) by adding at the end the following:
``(8) increasing the employment opportunities for
populations who are chronically unemployed or underemployed,
including individuals with disabilities, individuals from
economically disadvantaged families, out-of-workforce
individuals, youth who are in, or have aged out of, the
foster care system, and homeless individuals.''.
SEC. 7. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraphs (10), (16), (23), (24), (25),
(26), and (32);
(2) by redesignating paragraphs (8), (9), (11), (12), (13),
(14), (15), (17), (18), (19), (20), (21), (22), (27), (28),
(29), (30), (31), (33), and (34) as paragraphs (9), (10),
(17), (18), (20), (21), (24), (28), (30), (31), (33), (34),
(39), (44), (45), (48), (49), (50), (51), and (52),
respectively;
(3) in paragraph (2), by striking ``, including information
as described in section 118''.
(4) in paragraph (3)--
(A) in subparagraph (B), by striking ``5 different
occupational fields to individuals who are available for
study in preparation for entering the labor market'' and
inserting ``3
[[Page S5204]]
different fields that are available to all students,
especially in high-skill, high-wage, or in-demand industry
sectors or occupations''; and
(B) in subparagraph (D), by striking ``not fewer than 5
different occupational fields'' and inserting ``not fewer
than 3 different occupational fields'';
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) by amending clause (i) to read as follows:
``(i) provides individuals with rigorous academic content
and relevant technical knowledge and skills needed to prepare
for further education and careers in current or emerging
professions, which may include high-skill, high-wage, or in-
demand industry sectors or occupations, which shall be, at
the secondary level, aligned with the challenging State
academic standards adopted by a State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965;'';
(ii) in clause (ii), by striking ``, an industry-recognized
credential, a certificate, or an associate degree'' and
inserting ``or a recognized postsecondary credential, which
may include an industry-recognized credential, a certificate,
or an associate degree''; and
(iii) in clause (iii), by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``, work-based, or other'' after
``competency-based'';
(ii) by striking ``contributes to the'' and inserting
``supports the development of'';
(iii) by striking ``general''; and
(iv) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(C) to the extent practicable, coordinate between
secondary and postsecondary education programs through
programs of study, which may include coordination through
articulation agreements, early college high school programs,
dual or concurrent enrollment program opportunities, or other
credit transfer agreements that provide postsecondary credit
or advanced standing; and
``(D) may include career exploration at the high school
level or as early as the middle grades (as such term is
defined in section 8101 of the Elementary and Secondary
Education Act of 1965).'';
(6) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(and parents, as appropriate)'' and
inserting ``(and, as appropriate, parents and out-of-school
youth)'';
(ii) by inserting ``exploration opportunities'' after
``regarding career awareness''; and
(iii) by striking ``and'' after the semicolon;
(B) in subparagraph (B)--
(i) by inserting ``to students (and, as appropriate,
parents and out-of-school youth)'' after ``provides
information''; and
(ii) by striking ``financial aid,'' and all that follows
through the end of the subparagraph and inserting ``financial
aid, job training, secondary and postsecondary options
(including associate and baccalaureate degree programs), dual
or concurrent enrollment programs, work-based learning
opportunities, early college high schools, financial
literacy, and support services, as appropriate; and''; and
(C) by adding at the end the following:
``(C) may provide assistance for special populations with
respect to direct support services that enable students to
persist in and complete career and technical education,
programs of study, or career pathways.'';
(7) by inserting after paragraph (7) the following:
``(8) Career pathways.--The term `career pathways' has the
meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).'';
(8) by inserting after paragraph (10) (as redesignated by
paragraph (2)) the following:
``(11) Credit transfer agreement.--The term `credit
transfer agreement' means a formal agreement, such as an
articulation agreement, among and between secondary and
postsecondary education institutions or systems that grant
students transcripted postsecondary credit, which may include
credit granted to students in dual or concurrent enrollment
programs or early college high school, dual credit,
articulated credit, and credit granted on the basis of
performance on technical or academic assessments.
``(12) CTE concentrator.--The term `CTE concentrator'
means--
``(A) at the secondary school level, a student served by an
eligible recipient who has completed at least 2 courses in a
single career and technical education program or program of
study; and
``(B) at the postsecondary level, a student enrolled in an
eligible recipient who has--
``(i) earned at least 12 credits within a career and
technical education program or program of study; or
``(ii) completed such a program if the program encompasses
fewer than 12 credits or the equivalent in total.
``(13) CTE participant.--The term `CTE participant' means
an individual who completes not less than one course in a
career and technical education program or program of study of
an eligible recipient.
``(14) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(15) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(16) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.'';
(9) by inserting after paragraph (18) (as redesignated by
paragraph (2)) the following:
``(19) Eligible entity.--The term `eligible entity' means a
consortium that includes the following:
``(A) Representatives of not less than 2 of the following
categories of entities, 1 of which shall serve as the fiscal
agent for the consortium:
``(i) A local educational agency or a consortium of such
agencies.
``(ii) An educational service agency serving secondary
school students.
``(iii) An area career and technical education school or a
consortium of such schools.
``(iv) An Indian Tribe, Tribal organization, or Tribal
educational agency.
``(v) An institution of higher education whose most common
degree awarded is an associate degree, or a consortium of
such institutions.
``(vi) An institution of higher education whose most common
degree awarded is a bachelor's or higher degree, or a
consortium of such institutions.
``(vii) A State educational agency.
``(B) One or more business or industry representative
partners, which may include representatives of local or
regional businesses or industries, including industry or
sector partnerships in the local area, local workforce
development boards, or labor organizations.
``(C) One or more stakeholders, which may include--
``(i) parents and students;
``(ii) representatives of local agencies serving out-of-
school youth, homeless children and youth, and at-risk youth
(as defined in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472));
``(iii) representatives of Indian tribes and Tribal
organizations, where applicable;
``(iv) representatives of minority-serving institutions (as
described in paragraphs (1) through (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), where
applicable;
``(v) representatives of special populations;
``(vi) representatives of adult career and technical
education providers; or
``(vii) other relevant community stakeholders.'';
(10) by amending paragraph (20) (as redesignated by
paragraph (2)) to read as follows:
``(20) Eligible institution.--The term `eligible
institution' means--
``(A) a consortium of 2 or more of the entities described
in subparagraphs (B) through (F);
``(B) a public or nonprofit private institution of higher
education that offers and will use funds provided under this
title in support of career and technical education courses
that lead to technical skill proficiency or a recognized
postsecondary credential, including an industry-recognized
credential, a certificate, or an associate degree;
``(C) a local educational agency providing education at the
postsecondary level;
``(D) an area career and technical education school
providing education at the postsecondary level;
``(E) an Indian Tribe, Tribal organization, or Tribal
education agency that operates a school or may be present in
the State;
``(F) a postsecondary educational institution controlled by
the Bureau of Indian Education or operated by or on behalf of
any Indian Tribe that is eligible to contract with the
Secretary of the Interior for the administration of programs
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) or the Act of April 16, 1934 (25
U.S.C. 5342 et seq.);
``(G) a tribally controlled college or university; or
``(H) an educational service agency.'';
(11) in paragraph (21) (as redesignated by paragraph (2)),
by inserting ``an Indian Tribe, Tribal organization, or
Tribal educational agency'' after ``service agency,'';
(12) by inserting after paragraph (21) (as redesignated by
paragraph (2)) the following:
``(22) English learner.--The term `English learner' means--
``(A) a secondary school student who is an English learner,
as defined in section 8101 of the Elementary and Secondary
Education Act of 1965; or
``(B) an adult or an out-of-school youth who has limited
ability in speaking, reading, writing, or understanding the
English language and--
``(i) whose native language is a language other than
English; or
``(ii) who lives in a family environment or community in
which a language other than English is the dominant language.
``(23) Evidence-based.--The term `evidence-based' has the
meaning given the term in section 8101(21)(A) of the
Elementary and Secondary Education Act of 1965.'';
(13) by inserting after paragraph (24) (as redesignated by
paragraph (2)) the following:
``(25) High school.--The term `high school' has the meaning
given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(26) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
[[Page S5205]]
``(27) Indian; indian tribe.--The terms `Indian' and
`Indian Tribe' have the meanings given the terms `Indian' and
`Indian tribe', respectively, in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).'';
(14) by inserting after paragraph (28) (as redesignated by
paragraph (2)) the following:
``(29) Industry or sector partnership.--The term `industry
or sector partnership' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).'';
(15) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Local workforce development board.--The term `local
workforce development board' means a local workforce
development board established under section 107 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3122).'';
(16) in paragraph (33) (as redesignated by paragraph (2)),
by striking ``including'' and inserting ``such as'';
(17) by inserting after paragraph (34) (as redesignated by
paragraph (2)) the following:
``(35) Out-of-school youth.--The term `out-of-school youth'
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(36) Out-of-workforce individual.--The term `out-of-
workforce individual' means--
``(A) an individual who is a displaced homemaker, as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); or
``(B) an individual who--
``(i)(I) has worked primarily without remuneration to care
for a home and family, and for that reason has diminished
marketable skills; or
``(II) is a parent whose youngest dependent child will
become ineligible to receive assistance under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) not
later than 2 years after the date on which the parent applies
for assistance under such title; and
``(ii) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
``(37) Paraprofessional.--The term `paraprofessional' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(38) Pay for success initiative.--
``(A) In general.--Subject to subparagraph (B), the term
`pay for success initiative' means a performance-based grant,
contract, or cooperative agreement awarded by a State or
local public entity (such as a local educational agency) to a
public or private nonprofit entity--
``(i) in which a commitment is made to pay for improved
outcomes that result in increased public value and social
benefit to students and the public sector, such as improved
student outcomes as evidenced by the indicators of
performance described in section 113(b)(2) and direct cost
savings or cost avoidance to the public sector; and
``(ii) that includes--
``(I) a feasibility study on the initiative describing how
the proposed intervention is based on evidence of
effectiveness;
``(II) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether the initiative has met its
proposed outcomes;
``(III) an annual, publicly available report on the
progress of the initiative; and
``(IV) a requirement that payments are made to the
recipient of a grant, contract, or cooperative agreement only
when agreed upon outcomes are achieved, except that the
entity may make payments to the third party conducting the
evaluation described in subclause (II).
``(B) Exclusion.--The term `pay for success initiative'
does not include any initiative that--
``(i) reduces the special education or related services
that a student would otherwise receive under the Individuals
with Disabilities Education Act; or
``(ii) otherwise reduces the rights of a student or the
obligations of an entity under the Individuals with
Disabilities Education Act, the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.), the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), or any other law.''.
(18) in paragraph (39)(C) (as redesignated by paragraph
(2)), by striking ``apprenticeship'' and inserting ``other
skilled training'';
(19) by inserting after paragraph (39) (as redesignated by
paragraph (2)) the following:
``(40) Professional development.--The term `professional
development' means activities that--
``(A) are an integral part of eligible agency, eligible
recipient, institution, or school strategies for providing
educators (including teachers, principals, other school
leaders, administrators, specialized instructional support
personnel, career guidance and academic counselors, and
paraprofessionals) with the knowledge and skills necessary to
enable students to succeed in career and technical education,
to meet challenging State academic standards under section
1111(b)(1) of the Elementary and Secondary Education Act, or
to achieve academic skills at the postsecondary level; and
``(B) are sustained (not stand-alone, 1-day, or short-term
workshops), intensive, collaborative, job-embedded, data-
driven, and classroom-focused, to the extent practicable
evidence-based, and may include activities that--
``(i) improve and increase educators'--
``(I) knowledge of the academic and technical subjects;
``(II) understanding of how students learn; and
``(III) ability to analyze student work and achievement
from multiple sources, including how to adjust instructional
strategies, assessments, and materials based on such
analysis;
``(ii) are an integral part of eligible recipients'
improvement plans;
``(iii) allow personalized plans for each educator to
address the educator's specific needs identified in
observation or other feedback;
``(iv) support the recruitment, hiring, and training of
effective educators, including educators who became certified
through State and local alternative routes to certification;
``(v) advance educator understanding of--
``(I) effective instructional strategies that are evidence-
based; and
``(II) strategies for improving student academic and
technical achievement or substantially increasing the
knowledge and teaching skills of educators;
``(vi) are developed with extensive participation of
educators, parents, students, and representatives of Indian
Tribes (as applicable), of schools and institutions served
under this Act;
``(vii) are designed to give educators of students who are
English learners in career and technical education programs
or programs of study the knowledge and skills to provide
instruction and appropriate language and academic support
services to those students, including the appropriate use of
curricula and assessments;
``(viii) as a whole, are regularly evaluated for their
impact on increased educator effectiveness and improved
student academic and technical achievement, with the findings
of the evaluations used to improve the quality of
professional development;
``(ix) are designed to give educators of individuals with
disabilities in career and technical education programs or
programs of study the knowledge and skills to provide
instruction and academic support services to those
individuals, including positive behavioral interventions and
supports, multi-tier system of supports, and use of
accommodations;
``(x) include instruction in the use of data and
assessments to inform and instruct classroom practice;
``(xi) include instruction in ways that educators may work
more effectively with parents and families;
``(xii) provide follow-up training to educators who have
participated in activities described in this paragraph that
are designed to ensure that the knowledge and skills learned
by the educators are implemented in the classroom;
``(xiii) promote the integration of academic knowledge and
skills and relevant technical knowledge and skills, including
programming jointly delivered to academic and career and
technical education teachers; or
``(xiv) increase the ability of educators providing career
and technical education instruction to stay current with
industry standards.
``(41) Program of study.--The term `program of study' means
a coordinated, nonduplicative sequence of academic and
technical content at the secondary and postsecondary level
that--
``(A) incorporates challenging State academic standards,
including those adopted by a State under section 1111(b)(1)
of the Elementary and Secondary Education Act of 1965;
``(B) addresses both academic and technical knowledge and
skills, including employability skills;
``(C) is aligned with the needs of industries in the
economy of the State, region, Tribal community, or local
area;
``(D) progresses in specificity (beginning with all aspects
of an industry or career cluster and leading to more
occupation-specific instruction);
``(E) has multiple entry and exit points that incorporate
credentialing; and
``(F) culminates in the attainment of a recognized
postsecondary credential.
``(42) Qualified intermediary.--The term `qualified
intermediary' means a nonprofit entity, which may be part of
an industry or sector partnership, that demonstrates
expertise in building, connecting, sustaining, and measuring
partnerships with entities such as employers, schools,
community-based organizations, postsecondary institutions,
social service organizations, economic development
organizations, Indian tribes or Tribal organizations, and
workforce systems to broker services, resources, and supports
to youth and the organizations and systems that are designed
to serve youth, including--
``(A) connecting employers to classrooms;
``(B) assisting in the design and implementation of career
and technical education programs and programs of study;
``(C) delivering professional development;
``(D) connecting students to internships and other work-
based learning opportunities; and
``(E) developing personalized student supports.
``(43) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).'';
(20) by inserting after paragraph (45) (as redesignated by
paragraph (2)) the following:
[[Page S5206]]
``(46) Specialized instructional support personnel.--The
term `specialized instructional support personnel' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(47) Specialized instructional support services.--The
term `specialized instructional support services' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.'';
(21) in paragraph (48) (as redesignated by paragraph (2))--
(A) in subparagraph (B), by striking ``foster children''
and inserting ``low-income youth and adults'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) out-of-workforce individuals;'';
(C) in subparagraph (F), by striking ``individuals with
limited English proficiency.'' and inserting ``English
learners;''; and
(D) by adding at the end the following:
``(G) homeless individuals described in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
``(H) youth who are in, or have aged out of, the foster
care system; and
``(I) youth with a parent who--
``(i) is a member of the armed forces (as such term is
defined in section 101(a)(4) of title 10, United States
Code); and
``(ii) is on active duty (as such term is defined in
section 101(d)(1) of such title).'';
(22) in paragraph (50) (as redesignated by paragraph (2)),
by inserting ``(including paraprofessionals and specialized
instructional support personnel)'' after ``supportive
personnel'';
(23) in paragraph (52) (as redesignated by paragraph (2))--
(A) in subparagraph (A), by striking ``Indian tribe or
Indian tribes'' and inserting ``Indian Tribe or Indian
Tribes''; and
(B) in subparagraph (D)--
(i) by striking ``tribal'' and inserting ``Tribal''; and
(ii) by inserting ``or tribal lands'' after
``reservations''; and
(24) by adding at the end the following:
``(53) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(54) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(55) Work-based learning.--The term `work-based learning'
means sustained interactions with industry or community
professionals in real workplace settings, to the extent
practicable, or simulated environments at an educational
institution that foster in-depth, firsthand engagement with
the tasks required in a given career field, that are aligned
to curriculum and instruction.''.
SEC. 8. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Secretary determines to be
appropriate'' and inserting ``are necessary'';
(2) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' each place it appears and
inserting ``Strengthening Career and Technical Education for
the 21st Century Act''; and
(3) by striking ``1998'' and inserting ``2006''.
SEC. 9. PROHIBITIONS.
Section 8 (20 U.S.C. 2306a) is amended--
(1) in subsection (a), by striking ``Federal Government to
mandate,'' and all that follows through the period at the end
and inserting ``Federal Government--
``(1) to condition or incentivize the receipt of any grant,
contract, or cooperative agreement, or the receipt of any
priority or preference under such grant, contract, or
cooperative agreement, upon a State, local educational
agency, eligible agency, eligible recipient, eligible entity,
or school's adoption or implementation of specific
instructional content, academic standards and assessments,
curricula, or program of instruction (including any
condition, priority, or preference to adopt the Common Core
State Standards developed under the Common Core State
Standards Initiative, any other academic standards common to
a significant number of States, or any assessment,
instructional content, or curriculum aligned to such
standards);
``(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State, local
educational agency, eligible agency, eligible recipient,
eligible entity, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction (including any requirement, direction, or mandate
to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative, any other academic
standards common to a significant number of States, or any
assessment, instructional content, or curriculum aligned to
such standards); or
``(3) except as required under sections 112(b), 211(b), and
223--
``(A) to mandate, direct, or control the allocation of
State or local resources; or
``(B) to mandate that a State or a political subdivision of
a State spend any funds or incur any costs not paid for under
this Act.'';
(2) by amending subsection (d) to read as follows:
``(d) Rule of Construction.--Nothing in this section
affects the applicability of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code, (commonly known as
the ``Administrative Procedure Act'') or chapter 8 of title
5, United States Code, commonly known as the ``Congressional
Review Act'').''; and
(3) by adding at the end the following:
``(f) Congressional Notice and Comment.--
``(1) Notice to congress.--Not less than 15 business days
prior to issuing a notice of proposed rulemaking related to
this Act in the Federal Register, the Secretary shall provide
to the Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on Education and the Workforce of
the House of Representatives, and other relevant
congressional committees, notice of the Secretary's intent to
issue a notice of proposed rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) a description of how the regulation is consistent
with the scope of this Act;
``(D) the anticipated burden (including the time, cost, and
paperwork burden) the regulation will impose on an eligible
agency, institution, or recipient that may be impacted by the
regulation, including the potential impact on rural areas;
``(E) the anticipated benefits to an eligible agency,
institution, or recipient that may be impacted by the
regulation, including in rural areas; and
``(F) any regulations that will be repealed when the new
regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed rulemaking
under this subsection, provide Congress with a comment period
of 15 business days to make comments on the proposed
regulation, beginning on the date that the Secretary provides
the notice of intent to the appropriate committees of
Congress under paragraph (1); and
``(B) include and seek to address all comments submitted by
members of Congress in the public rulemaking record for the
regulation published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall
be not less than 60 days unless an emergency requires a
shorter period, in which case the Secretary shall--
``(A) designate the proposed regulation as an emergency
with an explanation of the emergency in the notice to
Congress under paragraph (1);
``(B) publish the length of the comment and review period
in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional meetings to
review such proposed regulation before issuing any final
regulation.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
Act (other than sections 114 and 117)--
``(1) $1,229,568,538 for fiscal year 2019;
``(2) $1,246,782,498 for fiscal year 2020;
``(3) $1,264,237,452 for fiscal year 2021;
``(4) $1,281,936,777 for fiscal year 2022;
``(5) $1,299,883,892 for fiscal year 2023; and
``(6) $1,318,082,266 for fiscal year 2024.''.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 110. RESERVATIONS AND STATE ALLOTMENT.
Section 111 (20 U.S.C. 2321) is amended to read as follows:
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the amount appropriated under
section 9 for each fiscal year, the Secretary shall reserve--
``(A) 0.13 percent to carry out section 115; and
``(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).
``(2) Foundational grant.--
``(A) In general.--From the remainder of the amount
appropriated under section 9 and not reserved under paragraph
(1) for a fiscal year, the Secretary shall allot to a State
for the fiscal year an amount equal to the amount the State
received in fiscal year 2018.
``(B) Ratable reduction.--If for any fiscal year the amount
appropriated for allotments under this section is
insufficient to satisfy the provisions of subparagraph (A),
the payments to all States under such subparagraph shall be
ratably reduced.
``(3) Additional funds.--Subject to paragraph (4), from the
additional funds remaining from the amount appropriated under
section 9 and not expended under paragraphs (1) and (2) for a
fiscal year, the Secretary shall allot to a State for the
fiscal year--
``(A) an amount that bears the same ratio to 50 percent of
the sum being allotted as the product of the population aged
15 to 19, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is made
and the State's allotment ratio bears to the sum of the
corresponding products for all the States;
``(B) an amount that bears the same ratio to 20 percent of
the sum being allotted as the
[[Page S5207]]
product of the population aged 20 to 24, inclusive, in the
State in the fiscal year preceding the fiscal year for which
the determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all the
States;
``(C) an amount that bears the same ratio to 15 percent of
the sum being allotted as the product of the population aged
25 to 65, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is made
and the State's allotment ratio bears to the sum of the
corresponding products for all the States; and
``(D) an amount that bears the same ratio to 15 percent of
the sum being allotted as the amounts allotted to the State
under subparagraphs (A), (B), and (C) for such years bears to
the sum of the amounts allotted to all the States under
subparagraphs (A), (B), and (C) for such year.
``(4) Minimum allotment for years with additional funds.--
``(A) In general.--Subject to subparagraph (B), for a
fiscal year for which there are additional funds described in
paragraph (3), no State shall receive for such fiscal year
under paragraph (3) less than 1/2 of 1 percent of the
additional funds available for such fiscal year. Amounts
necessary for increasing such payments to States to comply
with the preceding sentence shall be obtained by ratably
reducing the amounts to be paid to other States.
``(B) Special rule.--In the case of a qualifying State, the
minimum allotment under subparagraph (A) for a fiscal year
for the qualifying State shall be the lesser of--
``(i) 1/2 of 1 percent of the additional funds available
for such fiscal year; and
``(ii) the product of--
``(I) 1/3 of the additional funds; multiplied by
``(II) the quotient of--
``(aa) the qualifying State's ratio described in
subparagraph (C) for the fiscal year for which the
determination is made; divided by
``(bb) the sum of all such ratios for all qualifying States
for the fiscal year for which the determination is made.
``(C) Ratio.--For purposes of subparagraph (B)(ii)(II)(aa),
the ratio for a qualifying State for a fiscal year shall be
1.00 less the quotient of--
``(i) the amount the qualifying State is allotted under
paragraph (3) for the fiscal year; divided by
``(ii) 1/2 of 1 percent of the amount appropriated under
paragraph (3) for the fiscal year for which the determination
is made.
``(D) Definitions.--In this paragraph, the term `qualifying
State' means a State (except the United States Virgin
Islands) that, for the fiscal year for which a determination
under this paragraph is made, would receive, under the
allotment formula under paragraph (3) (without the
application of this paragraph), an amount that would be less
than the amount the State would receive under subparagraph
(A) for such fiscal year.
``(b) Reallotment.--If the Secretary determines that any
amount of any State's allotment under subsection (a) for any
fiscal year will not be required for such fiscal year for
carrying out the activities for which such amount has been
allotted, the Secretary shall make such amount available for
reallotment. Any such reallotment among other States shall
occur on such dates during the same year as the Secretary
shall fix, and shall be made on the basis of criteria
established by regulation. No funds may be reallotted for any
use other than the use for which the funds were appropriated.
Any amount reallotted to a State under this subsection for
any fiscal year shall remain available for obligation during
the succeeding fiscal year and shall be deemed to be part of
the State's allotment for the year in which the amount is
obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any State shall
be 1.00 less the product of--
``(A) 0.50; and
``(B) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of the Commonwealth of Puerto Rico and the
United States Virgin Islands), except that--
``(i) the allotment ratio in no case shall be more than
0.60 or less than 0.40; and
``(ii) the allotment ratio for the Commonwealth of Puerto
Rico and the United States Virgin Islands shall be 0.60.
``(2) Promulgation.--The allotment ratios shall be
promulgated by the Secretary for each fiscal year between
October 1 and December 31 of the fiscal year preceding the
fiscal year for which the determination is made. Allotment
ratios shall be computed on the basis of the average of the
appropriate per capita incomes for the 3 most recent
consecutive fiscal years for which satisfactory data are
available.
``(3) Definition of per capita income.--For the purpose of
this section, the term `per capita income' means, with
respect to a fiscal year, the total personal income in the
calendar year ending in such year, divided by the population
of the area concerned in such year.
``(4) Population determination.--For the purposes of this
section, population shall be determined by the Secretary on
the basis of the latest estimates available to the Department
of Education.
``(d) Definition of State.--For the purpose of this
section, the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the United States Virgin Islands.''.
SEC. 111. WITHIN STATE ALLOCATION.
Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``15 percent'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``1 percent'' and inserting ``2 percent'';
(II) by striking ``State correctional institutions and
institutions'' and inserting ``State correctional
institutions, juvenile justice facilities, and educational
institutions''; and
(III) by striking ``and'' after the semicolon; and
(ii) by inserting after subparagraph (B) the following:
``(C) an amount shall be made available for the recruitment
of special populations to enroll in career and technical
education programs, which shall be not less than the lesser
of--
``(i) an amount equal to 0.1 percent; or
``(ii) $50,000; and'';
(C) in paragraph (3)(B), by striking ``a local plan;'' and
inserting ``local applications;''; and
(2) in subsection (c), by striking ``section 135'' and all
that follows through the end and inserting ``section 135--
``(1) in--
``(A) rural areas;
``(B) areas with high percentages of CTE concentrators or
CTE participants;
``(C) areas with high numbers of CTE concentrators or CTE
participants; and
``(D) areas with disparities or gaps in performance as
described in section 113(b)(3)(C)(ii)(II); and
``(2) in order to--
``(A) foster innovation through the identification and
promotion of promising and proven career and technical
education programs, practices, and strategies, which may
include programs, practices, and strategies that prepare
individuals for nontraditional fields; or
``(B) promote the development, implementation, and adoption
of programs of study or career pathways aligned with State-
identified high-skill, high-wage, or in-demand occupations or
industries.''.
SEC. 112. ACCOUNTABILITY.
Section 113 (20 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting ``Determined''
after ``State'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``State determined'' before ``performance'';
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(iii) in subparagraph (A), by inserting ``and'' after the
semicolon; and
(iv) in subparagraph (B), as so redesignated--
(I) by striking ``a State adjusted level of performance''
and inserting ``a State determined level of performance'';
and
(II) by striking ``, and State levels of performance
described in paragraph (3)(B) for each additional indicator
of performance''; and
(C) by striking paragraph (2) and inserting the following:
``(2) Indicators of performance.--
``(A) Core indicators of performance for cte concentrators
at the secondary level.--Each eligible agency shall identify
in the State plan core indicators of performance for CTE
concentrators at the secondary level that are valid and
reliable, and that include, at a minimum, measures of each of
the following:
``(i) The percentage of CTE concentrators who graduate high
school, as measured by--
``(I) the four-year adjusted cohort graduation rate
(defined in section 8101 of the Elementary and Secondary
Education Act of 1965); and
``(II) at the State's discretion, the extended-year
adjusted cohort graduation rate defined in such section 8101.
``(ii) CTE concentrator proficiency in the challenging
State academic standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965, as measured by the academic assessments described in
section 1111(b)(2) of such Act.
``(iii) The percentage of CTE concentrators who, in the
second quarter after exiting from secondary education, are in
postsecondary education or advanced training, military
service or a service program that receives assistance under
title I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.), are volunteers as described in section
5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are
employed.
``(iv) Indicators of career and technical education program
quality as follows:
``(I) That shall include at least 1 of the following:
``(aa) The percentage of CTE concentrators graduating from
high school having attained a recognized postsecondary
credential.
``(bb) The percentage of CTE concentrators graduating from
high school having attained postsecondary credits in the
relevant career and technical education program or program of
study earned through a dual or concurrent enrollment program
or another credit transfer agreement.
``(cc) The percentage of CTE concentrators graduating from
high school having participated in work-based learning.
``(II) That may include any other measure of student
success in career and technical
[[Page S5208]]
education that is statewide, valid, and reliable, and
comparable across the State.
``(v) The percentage of CTE concentrators in career and
technical education programs and programs of study that lead
to non-traditional fields.
``(B) Core indicators of performance for cte concentrators
at the postsecondary level.--Each eligible agency shall
identify in the State plan core indicators of performance for
CTE concentrators at the postsecondary level that are valid
and reliable, and that include, at a minimum, measures of
each of the following:
``(i) The percentage of CTE concentrators who, during the
second quarter after program completion, remain enrolled in
postsecondary education, are in advanced training, military
service, or a service program that receives assistance under
title I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.), are volunteers as described in section
5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are
placed or retained in employment.
``(ii) The percentage of CTE concentrators who receive a
recognized postsecondary credential during participation in
or within 1 year of program completion.
``(iii) The percentage of CTE concentrators in career and
technical education programs and programs of study that lead
to non-traditional fields.
``(C) Alignment of performance indicators.--In developing
core indicators of performance under subparagraphs (A) and
(B), an eligible agency shall, to the greatest extent
possible, align the indicators so that substantially similar
information gathered for other State and Federal programs, or
for any other purpose, may be used to meet the requirements
of this section.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting ``determined''
after ``State'';
(ii) by amending subparagraph (A) to read as follows:
``(A) State determined levels of performance for core
indicators of performance.--
``(i) In general.--
``(I) Levels determined by the eligible agency.--Each
eligible agency, with input from eligible recipients, shall
establish in the State plan submitted under section 122, for
each year covered by the State plan, State determined levels
of performance for each of the core indicators described
under subparagraphs (A) and (B) of paragraph (2) for career
and technical education activities authorized under this
title. The level of performance for a core indicator shall be
the same for all CTE concentrators in the State.
``(II) Technical assistance.--The Secretary may assist an
eligible agency in establishing the State determined levels
of performance under this subparagraph only at the request of
that eligible agency.
``(III) Requirements.--Such State determined levels of
performance shall, at a minimum--
``(aa) be expressed in a percentage or numerical form, so
as to be objective, quantifiable, and measurable;
``(bb) require the State to continually make meaningful
progress toward improving the performance of all career and
technical education students, including the subgroups of
students described in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965, and special
populations, as described in section 3(48); and
``(cc) have been subject to the public comment process
described in subparagraph (B), and the eligible agency has
provided a written response;
``(dd) when being adjusted pursuant to clause (ii), take
into account how the levels of performance involved compare
with the State levels of performance established for other
States, considering factors including the characteristics of
actual (as opposed to anticipated) CTE concentrators when the
CTE concentrators entered the program, and the services or
instruction to be provided;
``(ee) when being adjusted pursuant to clause (ii), be
higher than the average actual performance of the 2 most
recently completed program years, except in the case of
unanticipated circumstances that require revisions in
accordance with clause (iii); and
``(ff) take into account the extent to which the State
determined levels of performance advance the eligible
agency's goals, as set forth in the State plan.
``(ii) Allowable adjustment of state determined levels of
performance for subsequent years.--Prior to the third program
year covered by the State plan, each eligible agency may
revise the State determined levels of performance for any of
the core indicators of performance for the subsequent program
years covered by the State plan, and submit the revised State
determined levels of performance to the Secretary. If the
eligible agency adjusts any levels of performance, the
eligible agency shall adjust those levels in accordance with
clause (i), and address written comments of stakeholders as
described in subparagraph (B). The Secretary shall approve
those revised levels of performance if those levels meet the
requirements described in subclause (III) of clause (i). The
State determined adjusted levels of performance identified
under this clause shall be considered to be the State
determined levels of performance for the State for such years
and shall be incorporated into the State plan.
``(iii) Unanticipated circumstances.--If unanticipated
circumstances arise in a State or changes occur related to
improvements in data or measurement approaches, the eligible
agency, at the end of the program year, may revise the State
determined levels of performance required under this
subparagraph. After public comment, as described in
subparagraph (B), the eligible agency shall submit such
revised levels of performance to the Secretary with evidence
supporting the revision. The Secretary shall approve any such
revision if that revision meets the requirements of clause
(ii).'';
(iii) by striking subparagraph (B) and inserting the
following:
``(B) Public comment.--
``(i) In general.--Each eligible agency shall develop the
levels of performance under subparagraph (A) in consultation
with the stakeholders identified in section 122(c)(1)(A).
``(ii) Written comments.--Not less than 60 days prior to
submission of the State plan, the eligible agency shall
provide such stakeholders with the opportunity to provide
written comments to the eligible agency, which shall be
included in the State plan, regarding how the levels of
performance described under subparagraph (A)--
``(I) meet the requirements of the law;
``(II) support the improvement of performance of all CTE
concentrators, including subgroups of students, as described
in section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965, and special populations, as described
in section 3(48); and
``(III) support the needs of the local education and
business community.
``(iii) Eligible agency response.--Each eligible agency
shall provide, in the State plan, a written response to the
comments provided by stakeholders under clause (ii).''; and
(iv) by adding at the end the following:
``(C) State report.--
``(i) In general.--Each eligible agency that receives an
allotment under section 111 shall annually prepare and submit
to the Secretary a report regarding--
``(I) the progress of the State in achieving the State
determined levels of performance on the core indicators of
performance; and
``(II) the actual levels of performance for all CTE
concentrators, and for each of the subgroups of students, as
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965, and special populations, as
described in section 3(48).
``(ii) Data.--Except as provided in subparagraph (E), each
eligible agency that receives an allotment under section 111
shall--
``(I) disaggregate data for each of the indicators of
performance under paragraph (2)--
``(aa) for subgroups of students, as described in section
1111(h)(1)(C)(ii) of the Elementary and Secondary Education
Act of 1965, and special populations, as described in section
3(48), that are served under this Act; and
``(bb) by the career and technical education programs or
programs of study of the CTE concentrators, except that in a
case in which reporting by such program or program of study
is impractical, the data may be disaggregated by the career
clusters of the CTE concentrators, if appropriate;
``(II) identify and quantify any disparities or gaps in
performance on the State determined levels of performance
under subparagraph (A) between any such subgroup or special
population and the performance of all CTE concentrators
served by the eligible agency under this Act, which shall
include a quantifiable description of the progress each such
subgroup or special population of students served by the
eligible agency under this Act has made in meeting the State
determined levels of performance; and
``(III) for CTE concentrators described in paragraph
(2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to
the extent such data is available, by each of the following:
``(aa) Individuals enrolled in postsecondary education
(disaggregated by postsecondary award level, including
certificate, associate, or baccalaureate degree).
``(bb) Individuals in advanced training.
``(cc) Individuals in military service or a service program
that receives assistance under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or
volunteers as described in section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
``(dd) Individuals in employment (including those
individuals who are employed in a high-skill, high-wage, or
in-demand sector or occupation).
``(iii) Nonduplication.--The Secretary shall ensure that
each eligible agency does not report duplicative information
under this section.
``(iv) Information dissemination.--The Secretary shall--
``(I) make the information contained in such reports
available to the general public through a variety of formats,
including electronically through the Internet;
``(II) disseminate State-by-State comparisons of the
information contained in such reports; and
``(III) provide the appropriate committees of Congress with
copies of such reports.
``(D) State dissemination of actual levels of
performance.--At the end of each program year, the eligible
agency shall disseminate the actual levels of performance
described in subparagraph (C)(i)(II)--
``(i) widely, including to students, parents, and
educators;
``(ii) through a variety of formats, including
electronically through the Internet; and
[[Page S5209]]
``(iii) in user-friendly formats and languages that are
easily accessible, as determined by the eligible agency.
``(E) Rules for reporting data.--The disaggregation of data
under this paragraph shall not be required when the number of
students in a category is insufficient to yield statistically
reliable information or when the results would reveal
personally identifiable information about an individual
student.''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``adjusted'';
(II) by striking clauses (iii) and (v), and redesignating
clauses (iv) and (vi) as clauses (iii) and (v), respectively;
(III) in clause (i)--
(aa) in the matter preceding subclause (I)--
(AA) by striking ``State adjusted levels of performance''
and inserting ``State determined levels of performance for
each year of the plan''; and
(BB) by striking ``local adjusted levels'' and inserting
``local levels'' each place the term appears;
(bb) in subclause (I)--
(AA) by striking ``consistent with the State levels of
performance established under paragraph (3), so as'' and
inserting ``consistent with the form expressed in the State
determined levels, so as''; and
(BB) by striking ``and'' after the semicolon; and
(cc) in subclause (II), by striking ``continually make
progress toward improving the performance of career and
technical education students.'' and inserting ``continually
make meaningful progress toward improving the performance of
all CTE concentrators, including subgroups of students
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965 and special populations, as
described in section 3(48);''; and
(dd) by adding at the end the following:
``(III) when being adjusted as described in clause (iii),
be higher than the average actual performance levels of the
previous 2 program years, except in a case in which
unanticipated circumstances arise with respect to the
eligible recipient and that eligible recipient meets the
requirements for revisions under clause (iv);
``(IV) when being adjusted as described in clause (iii),
take into account how the local levels of performance compare
with the local levels of performance established for other
eligible recipients, considering factors including the
characteristics of actual (as opposed to anticipated) CTE
concentrators at the time those CTE concentrators entered the
program, and the services or instruction to be provided; and
``(V) set the local levels of performance using valid and
reliable data that measures--
``(aa) the differences within the State in actual economic
conditions (including differences in unemployment rates and
job losses or gains in particular industries); and
``(bb) the abilities of the State and the eligible
recipient to collect and access valid, reliable, and cost-
effective data.'';
(IV) in clause (ii)--
(aa) in the clause heading, by striking ``plan'' and
inserting ``application'';
(bb) by striking ``plan'' and inserting ``application'';
and
(cc) by striking ``the first 2'' and inserting ``each of
the'';
(V) by amending clause (iii), as redesignated by subclause
(II), to read as follows:
``(iii) Allowable adjustments of local levels of
performance for subsequent years.--Prior to the third program
year covered by the local application, the eligible recipient
may, if the eligible recipient reaches an agreement with the
eligible agency, adjust the local levels of performance for
any of the core indicators of performance for the subsequent
program years covered by the local application, in accordance
with that agreement and with this subparagraph. The local
adjusted levels of performance agreed to under this clause
shall be considered to be the local levels of performance for
the eligible recipient for such years and shall be
incorporated into the local application.''; and
(VI) in clause (v), as redesignated by subclause (II), by
striking ``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.'' and
inserting ``If unanticipated circumstances arise, or changes
occur related to improvements in data or measurement
approaches, the eligible recipient may request that the local
levels of performance agreed to under clauses (i) and (iii)
be revised.'';
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(iii) in subparagraph (B), as redesignated by clause (ii)--
(I) in clause (i), by striking ``the data described in
clause (ii)(I), regarding the progress of such recipient in
achieving the local adjusted levels of performance'' and
inserting ``the data on the actual performance levels
described in clause (ii), including the progress of such
recipient in achieving the local levels of performance'';
(II) in clause (ii)--
(aa) in subclause (I)--
(AA) by striking ``section 1111(h)(1)(C)(i)'' and
inserting ``section 1111(h)(1)(C)(ii)'';
(BB) by striking ``section 3(29)'' and inserting
``section 3(48)''; and
(CC) by striking ``and'' after the semicolon; and
(bb) in subclause (II)--
(AA) by inserting ``, as described in paragraph
3(C)(ii)(II),'' after ``gaps in performance'';
(BB) by inserting ``as described in subclause (I)
(including special populations)'' after ``category of
students'';
(CC) by striking ``all students'' and inserting ``all CTE
concentrators''; and
(DD) by adding at the end the following:
``(III) disaggregate data by the career and technical
education programs or programs of study of the CTE
concentrators, except that in a case in which reporting by
such program or program of study is impractical, the data may
be disaggregated by the career clusters of the CTE
concentrators, if appropriate; and
``(IV) for CTE concentrators described in paragraph
(2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to
the extent such data is available, by each of the following:
``(aa) Individuals enrolled in postsecondary education
(disaggregated by postsecondary award level, including
certificate, associate, or baccalaureate degree).
``(bb) Individuals in advanced training.
``(cc) Individuals in military service or a service program
that receives assistance under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or
volunteers as described in section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
``(dd) Individuals in employment (including those
individuals who are employed in a high-skill, high-wage, or
in-demand sector or occupation).'';
(III) in clause (iii), by striking ``subsection (c)(3)''
and inserting ``paragraph (3)(C)(iii)'';
(IV) in clause (iv), by striking ``clause (ii)'' and
inserting ``this paragraph''; and
(V) by striking clause (v) and inserting the following:
``(v) Availability.--The report described in clause (i)
shall be made available by the eligible recipient through a
variety of formats, including electronically through the
Internet, to students, parents, educators, and the public,
and the information contained in such report shall be in a
format that is understandable and uniform, and to the extent
practicable, provided in a language that students, parents,
and educators can understand.''; and
(2) by striking subsection (c).
SEC. 113. NATIONAL ACTIVITIES.
Section 114 (20 U.S.C. 2324) is amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary shall'' the first place it
appears and inserting ``The Secretary shall, in consultation
with the Director,''; and
(B) by inserting ``from eligible agencies under section
113(b)(3)(C)'' after ``pursuant to this title'';
(2) by amending subsection (b) to read as follows:
``(b) Reasonable Cost.--The Secretary shall take such
action as may be necessary to secure at reasonable cost the
information required by this title. To ensure reasonable
cost, the Secretary, in consultation with the National Center
for Education Statistics and the Office of Career, Technical,
and Adult Education shall determine the methodology to be
used and the frequency with which such information is to be
collected.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Secretary may'' and
inserting ``Secretary shall'';
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``, acting through
the Director,'' after ``describe how the Secretary''; and
(ii) in subparagraph (C), by inserting ``, in consultation
with the Director,'' after ``Secretary'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``, acting through the Director,'' after
``The Secretary'';
(II) by inserting ``and the plan developed under subsection
(c)'' after ``described in paragraph (2)''; and
(III) by striking ``assessment'' each place such term
appears and inserting ``evaluation'';
(ii) in subparagraph (B)--
(I) in clause (v), by striking ``; and'' and inserting a
semicolon;
(II) in clause (vi)--
(aa) by inserting ``qualified'' before ``intermediaries'';
and
(bb) by striking the period at the end and inserting ``,
which may include individuals with expertise in addressing
inequities in access to, and in opportunities for, academic
and technical skill attainment;''; and
(III) by adding at the end the following:
``(vii) representatives of Indian Tribes and Tribal
organizations; and
``(viii) representatives of special populations.''; and
(iii) in subparagraph (C)--
(I) by inserting ``the Director,'' after ``the
Secretary,''; and
(II) by striking ``assessment'' and inserting
``evaluation'';
(B) in paragraph (2)--
(i) in the heading, by striking ``and assessment'';
(ii) in subparagraph (A)--
(I) by striking ``subsection (e), the Secretary'' and
inserting ``subsection (f), the Secretary, acting through the
Director,'';
(II) by striking ``an independent evaluation and
assessment'' and inserting ``a series of research and
evaluation initiatives for each
[[Page S5210]]
year for which funds are appropriated to carry out this Act,
which are aligned with the plan in subsection (c)(2),'';
(III) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' and inserting
``Strengthening Career and Technical Education for the 21st
Century Act''; and
(IV) by adding at the end the following: ``Whenever
possible, data used for the evaluation for a fiscal year
shall be data from the most recent fiscal year for which such
data are available, and from the 5-year period preceding that
fiscal year.''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) Contents.--The evaluation required under subparagraph
(A) shall include descriptions and evaluations of--
``(i) the extent and success of the integration of
challenging State academic standards adopted under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and career and technical education for students
participating in career and technical education programs,
including a review of the effect of such integration on the
academic and technical proficiency achievement of such
students, including--
``(I) the number of such students that receive a regular
high school diploma, as such term is defined under section
8101 of the Elementary and Secondary Education Act of 1965 or
a State-defined alternative diploma described in section
8101(25)(A)(ii)(I)(bb) of such Act;
``(II) the number of such students that are high school
students that receive a recognized postsecondary credential;
and
``(III) the number of such students that are high school
students that earn credit toward a recognized postsecondary
credential;
``(ii) the extent to which career and technical education
programs and programs of study prepare students, including
special populations, for subsequent employment in high-skill,
high-wage occupations (including those in which mathematics
and science skills are critical, which may include computer
science), or for participation in postsecondary education;
``(iii) employer involvement in, benefit from, and
satisfaction with, career and technical education programs
and programs of study and career and technical education
students' preparation for employment;
``(iv) efforts to expand access to career and technical
education programs of study for all students;
``(v) innovative approaches to work-based learning programs
that increase participation and alignment with employment in
high-growth industries, including in rural and low-income
areas;
``(vi) the effectiveness of different delivery systems and
approaches for career and technical education, including
comprehensive high schools, technical high schools, area
technical centers, career academies, community and technical
colleges, early college high schools, pre-apprenticeship
programs, voluntary after-school programs, and individual
course offerings, including dual or concurrent enrollment
program courses, as well as communication strategies for
promoting career and technical education opportunities
involving teachers, school counselors, and parents or other
guardians;
``(vii) the extent to which career and technical education
programs supported by this Act are grounded on evidence-based
research;
``(viii) the impact of the amendments to this Act made
under the Strengthening Career and Technical Education for
the 21st Century Act, including comparisons, where
appropriate, of--
``(I) the use of the comprehensive needs assessment under
section 134(c);
``(II) the implementation of programs of study; and
``(III) coordination of planning and program delivery with
other relevant laws, including the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.) and the Elementary
and Secondary Education Act of 1965;
``(ix) changes in career and technical education program
accountability as described in section 113 and any effects of
such changes on program delivery and program quality;
``(x) changes in student enrollment patterns; and
``(xi) efforts to reduce disparities or performance gaps
described in section 113(b)(3)(C)(ii)(II).''; and
(iv) in subparagraph (C)--
(I) in clause (i)--
(aa) in the matter preceding subclause (I), by inserting
``, in consultation with the Director,'' after ``The
Secretary''; and
(bb) by striking subclauses (I) and (II) and inserting the
following:
``(I) not later than 2 years after the date of enactment of
the Strengthening Career and Technical Education for the 21st
Century Act, an interim report regarding the evaluation and
summary of research activities carried out under this section
that builds on studies and analyses existing as of such date
of enactment;
``(II) not later than 4 years after the date of enactment
of the Strengthening Career and Technical Education for the
21st Century Act, a final report summarizing the studies and
analyses that relate to the evaluation and summary of
research activities carried out under this section; and
``(III) a biennial update to such final report for
succeeding years.'';
(II) in clause (ii), by inserting ``the Director,'' after
``the President, the Secretary,'' each place the term
appears; and
(III) by adding after clause (ii) the following:
``(iii) Dissemination.--In addition to submitting the
reports required under clause (i), the Secretary shall
disseminate the results of the evaluation widely and on a
timely basis in order to increase the understanding among
State and local officials and educators of the effectiveness
of programs and activities supported under the Act and of the
career and technical education programs and programs of study
that are most likely to produce positive educational and
employment outcomes.'';
(C) in subparagraph (3)(A), by striking ``State adjusted
levels of performance described in section 113(b)'' and
inserting ``State determined levels of performance described
in section 113(b), as long as such information does not
reveal any personally identifiable information''; and
(D) by striking paragraphs (4) and (5) and inserting the
following:
``(4) Research.--
``(A) In general.--From amounts made available under
subsection (f), the Secretary, after consultation with the
Director, the Commissioner for Education Research, and the
States, and with input from the independent advisory panel
established under subsection (d)(1)(A), shall award a grant,
contract, or cooperative agreement, on a competitive basis,
to an institution of higher education or to a consortium of
one or more institutions of higher education and one or more
private nonprofit organizations or agencies, to carry out one
or more of the activities described in subparagraph (B).
``(B) Grant activities.--An institution or consortium
receiving a grant under this paragraph shall use grant funds
to carry out one or more of the following activities:
``(i) Evidence-based research and evaluation for the
purpose of developing, improving, and identifying the most
successful methods for--
``(I) eliminating inequities in access to, and in
opportunities for, learning, skill development, or effective
teaching in career and technical education programs; and
``(II) addressing the education, employment, and training
needs of CTE participants, including special populations, in
career and technical education programs or programs of study.
``(ii) Research on, and evaluation of, the impact of
changes made by the Strengthening Career and Technical
Education for the 21st Century Act, including State-by-State
comparisons, where appropriate, of--
``(I) the use of the needs assessment under section 134(c);
``(II) the implementation of programs of study;
``(III) how States have implemented provisions of the Act,
including both fiscal and programmatic elements;
``(IV) career and technical education funding and finance
models; and
``(V) coordination with other relevant laws, including the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), the Elementary and Secondary Education Act of 1965,
and the Higher Education Act of 1965.
``(iii) Evidence-based research and analyses that provide
longitudinal information with respect to career and technical
education programs and programs of study and student
achievement.
``(iv) The implementation of, evaluation of, or evidence-
based research of, innovative methods that support high-
quality implementation of career and technical education
programs and programs of study and student achievement
related to career and technical education, including--
``(I) creating or expanding dual or concurrent enrollment
program activities and early college high schools;
``(II) awarding of academic credit or academic alignment
for industry recognized credentials, competency-based
education, or work-based learning;
``(III) making available open, searchable, and comparable
information on the quality of industry recognized
credentials, including the related skills or competencies,
attainment by CTE concentrators, related employment and
earnings outcomes, labor market value, and use by employers;
or
``(IV) initiatives to facilitate the transition of sub-
baccalaureate career and technical education students into
baccalaureate degree programs, including barriers affecting
rural students and special populations.
``(C) Report.--The institution or consortium receiving a
grant under this paragraph shall annually prepare a report
containing information about the key research findings of
such entity under this paragraph and shall submit copies of
the report to the Secretary and the Director. The Secretary
shall submit copies of the report to the relevant committees
of Congress, the Library of Congress, and each eligible
agency.
``(D) Dissemination.--The institution or consortium
receiving a grant under this paragraph shall conduct
dissemination and training activities based on the research
carried out under this paragraph on a timely basis, including
through dissemination networks and, as appropriate and
relevant, technical assistance providers within the
Department.'';
(5) by redesignating subsection (e) as subsection (f);
(6) by inserting after subsection (d) the following:
``(e) Innovation and Modernization.--
``(1) Grant program.--To identify, support, and rigorously
evaluate evidence-based
[[Page S5211]]
and innovative strategies and activities to improve and
modernize career and technical education and align workforce
skills with labor market needs as part of the State plan
under section 122 and local application under section 134 and
the requirements of this subsection, the Secretary may use
not more than 20 percent of the amounts appropriated under
subsection (f) to award grants to eligible entities, eligible
institutions, or eligible recipients to carry out the
activities described in paragraph (7).
``(2) Non-federal match.--
``(A) Matching funds required.--Except as provided under
subparagraph (B), to receive a grant under this subsection,
an eligible entity, eligible institution, or eligible
recipient shall, through cash or in-kind contributions,
provide matching funds from non-Federal sources in an amount
equal to not less than 50 percent of the funds provided under
such grant.
``(B) Exception.--The Secretary may waive the matching fund
requirement under subparagraph (A) if the eligible entity,
eligible institution, or eligible recipient demonstrates
exceptional circumstances.
``(3) Application.--To receive a grant under this
subsection, an eligible entity, eligible institution, or
eligible recipient shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including, at a
minimum--
``(A) an identification and designation of the agency,
institution, or school responsible for the administration and
supervision of the program assisted under this paragraph;
``(B) a description of the budget for the project, the
source and amount of the matching funds required under
paragraph (2)(A), and how the applicant will continue the
project after the grant period ends, if applicable;
``(C) a description of how the applicant will use the grant
funds, including how such funds will directly benefit
students, including special populations, served by the
applicant;
``(D) a description of how the program assisted under this
subsection will be coordinated with the activities carried
out under section 124 or 135;
``(E) a description of how the career and technical
education programs or programs of study to be implemented
with grant funds reflect the needs of regional, State, or
local employers, as demonstrated by the comprehensive needs
assessment under section 134(c);
``(F) a description of how the program assisted under this
subsection will be evaluated and how that evaluation may
inform the report described in subsection (d)(2)(C); and
``(G) an assurance that the applicant will--
``(i) provide information to the Secretary, as requested,
for evaluations that the Secretary may carry out; and
``(ii) make data available to third parties for validation,
in accordance with applicable data privacy laws, including
section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly known as the `Family Educational
Rights and Privacy Act of 1974').
``(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications from
eligible entities, eligible institutions, or eligible
recipients that will predominantly serve students from low-
income families.
``(5) Geographic diversity.--
``(A) In general.--In awarding grants under this
subsection, the Secretary shall award no less than 25 percent
of the total available funds for any fiscal year to eligible
entities, eligible institutions, or eligible recipients
proposing to fund career and technical education activities
that serve--
``(i) a local educational agency with an urban-centric
district locale code of 32, 33, 41, 42, or 43, as determined
by the Secretary;
``(ii) an institution of higher education primarily serving
the one or more areas served by such a local educational
agency;
``(iii) a consortium of such local educational agencies or
such institutions of higher education;
``(iv) a partnership between--
``(I) an educational service agency or a nonprofit
organization; and
``(II) such a local educational agency or such an
institution of higher education; or
``(v) a partnership between--
``(I) a grant recipient described in clause (i) or (ii);
and
``(II) a State educational agency.
``(B) Exception.--Notwithstanding subparagraph (A), the
Secretary shall reduce the amount of funds made available
under such clause if the Secretary does not receive a
sufficient number of applications of sufficient quality.
``(6) Duration.--
``(A) In general.--Grants awarded under this subsection
shall be for a period of not more than 3 years.
``(B) Extension.--The Secretary may extend such grants for
not more than 1 additional 2-year period if the grantee
demonstrates to the Secretary that the grantee is achieving
the grantee's program objectives and, as applicable, has
improved education outcomes for career and technical
education students, including special populations.
``(7) Uses of funds.--An eligible entity, eligible
institution, or eligible recipient that is awarded a grant
under this subsection shall use the grant funds to create,
develop, implement, replicate, or take to scale evidence-
based, field-initiated innovations to modernize and improve
effectiveness and alignment of career and technical education
and to improve student outcomes in career and technical
education, and rigorously evaluate such innovations, through
one or more of the following activities:
``(A) Designing and implementing courses or programs of
study aligned to labor market needs in new or emerging fields
and working with industry to upgrade equipment, technology,
and related curriculum used in career and technical education
programs, which is needed for the development, expansion, and
implementation of State-approved career and technical
education programs of study, including--
``(i) the development or acquisition of instructional
materials associated with the equipment and technology
purchased by an eligible entity, eligible institution, or
eligible recipient through the grant; or
``(ii) efforts to expand, develop, or implement programs
designed to increase opportunities for students to take
rigorous courses in coding or computer science subject areas,
and support for statewide efforts to increase access and
implementation of coding or computer science courses in order
to meet local labor market needs in occupations that require
skills in those subject areas.
``(B) Improving career and technical education outcomes of
students served by eligible entities, eligible institutions,
or eligible recipients through activities such as--
``(i) supporting the development and enhancement of
innovative delivery models for career and technical education
related work-based learning, including school-based simulated
work sites, mentoring, work site visits, job shadowing,
project-based learning, and skills-based and paid
internships;
``(ii) increasing the effective use of technology within
career and technical education programs and programs of
study;
``(iii) supporting new models for integrating academic
content at the secondary and postsecondary level in career
and technical education; or
``(iv) integrating science, technology, engineering, and
mathematics fields, including computer science education,
with career and technical education.
``(C) Improving the transition of students--
``(i) from secondary education to postsecondary education
or employment through programs, activities, or services that
may include the creation, development, or expansion of dual
or concurrent enrollment programs, articulation agreements,
credit transfer agreements, and competency-based education;
or
``(ii) from the completion of one postsecondary program to
another postsecondary program that awards a recognized
postsecondary credential.
``(D) Supporting the development and enhancement of
innovative delivery models for career and technical
education.
``(E) Working with industry to design and implement courses
or programs of study aligned to labor market needs in new or
emerging fields.
``(F) Supporting innovative approaches to career and
technical education by redesigning the high school experience
for students, which may include evidence-based transitional
support strategies for students who have not met
postsecondary education eligibility requirements.
``(G) Creating or expanding recruitment, retention, or
professional development activities for career and technical
education teachers, faculty, school leaders, administrators,
specialized instructional support personnel, career guidance
and academic counselors, and paraprofessionals, which may
include--
``(i) providing resources and training to improve
instruction for, and provide appropriate accommodations to,
special populations;
``(ii) externships or site visits with business and
industry;
``(iii) the integration of coherent and rigorous academic
content standards and career and technical education
curricula, including through opportunities for appropriate
academic and career and technical education teachers to
jointly develop and implement curricula and pedagogical
strategies;
``(iv) mentoring by experienced teachers;
``(v) providing resources or assistance with meeting State
teacher licensure and credential requirements; or
``(vi) training for career guidance and academic counselors
at the secondary level to improve awareness of postsecondary
education and postsecondary career options, and improve the
ability of such counselors to communicate to students the
career opportunities and employment trends.
``(H) Improving CTE concentrator employment outcomes in
non-traditional fields.
``(I) Supporting the use of career and technical education
programs and programs of study in a coordinated strategy to
address identified employer needs and workforce shortages,
such as shortages in the early childhood, elementary school,
and secondary school education workforce.
``(J) Providing integrated student support that addresses
the comprehensive needs of students, such as incorporating
accelerated and differentiated learning opportunities
supported by evidence-based strategies for special
populations.
``(K) Establishing an online portal for career and
technical education students, including special populations,
preparing for
[[Page S5212]]
postsecondary career and technical education, which may
include opportunities for mentoring, gaining financial
literacy skills, and identifying career opportunities and
interests, and a platform to establish online savings
accounts to be used exclusively for postsecondary career and
technical education programs and programs of study.
``(L) Developing and implementing a pay for success
initiative.
``(8) Evaluation.--Each eligible entity, eligible
institution, or eligible recipient receiving a grant under
this subsection shall provide for an independent evaluation
of the activities carried out using such grant and submit to
the Secretary an annual report that includes--
``(A) a description of how funds received under this
paragraph were used;
``(B) the performance of the eligible entity, eligible
institution, or eligible recipient with respect to, at a
minimum, the performance indicators described under section
113, as applicable, and disaggregated by--
``(i) subgroups of students described in section
1111(c)(2)(B) of the Elementary and Secondary Education Act
of 1965;
``(ii) special populations; and
``(iii) as appropriate, each career and technical education
program and program of study; and
``(C) a quantitative analysis of the effectiveness of the
project carried out under this paragraph.''; and
(7) by amending subsection (f), as redesignated by
paragraph (5), to read as follows:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $7,651,051 for fiscal year 2019;
``(2) $7,758,166 for fiscal year 2020;
``(3) $7,866,780 for fiscal year 2021;
``(4) $7,976,915 for fiscal year 2022;
``(5) $8,088,592 for fiscal year 2023; and
``(6) $8,201,832 for fiscal year 2024.''.
SEC. 114. ASSISTANCE FOR THE OUTLYING AREAS.
Section 115 (20 U.S.C. 2325) is amended--
(1) in subsection (a)(3), by striking ``subject to
subsection (d)'' and inserting ``subject to subsection (b)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
SEC. 115. NATIVE AMERICAN PROGRAMS.
Section 116 (20 U.S.C. 2326) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the paragraph heading, by striking
``native'' and inserting ``Native'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(D) in paragraph (3) (as redesignated by subparagraph (C)),
in the paragraph heading, by striking ``hawaiian'' and
inserting ``Hawaiian''; and
(E) in paragraph (4) (as redesignated by subparagraph
(C))--
(i) in the paragraph heading, by striking ``hawaiian'' and
inserting ``Hawaiian''; and
(ii) by inserting ``(20 U.S.C. 7517)'' after ``Act'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``tribes'' and inserting ``Tribes''; and
(ii) by striking ``tribal'' and inserting ``Tribal'';
(B) in paragraph (2)--
(i) by striking the paragraph heading and inserting
``Indian tribes and tribal organizations.--'';
(ii) by striking ``Indian tribe or tribal organization''
and inserting ``Indian Tribe or Tribal organization'';
(iii) by striking ``450f'' and inserting ``5321''; and
(iv) by striking ``455-457'' and inserting ``5345-5347'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking ``bureau of
indian affairs'' and inserting ``Bureau of indian
education'';
(ii) by striking ``tribe'' and inserting ``Tribe'';
(iii) by striking ``tribal'' and inserting ``Tribal''; and
(iv) by striking ``Bureau of Indian Affairs'' and inserting
``Bureau of Indian Education'';
(D) in paragraph (4)--
(i) by striking ``Bureau of Indian Affairs'' each place the
term appears and inserting ``Bureau of Indian Education'';
and
(ii) by striking ``Assistant Secretary of the Interior for
Indian Affairs'' and inserting ``Director of the Bureau of
Indian Education'';
(E) in paragraph (5)(A), by striking ``Indian tribes,
tribal organizations, and individual tribal members'' and
inserting ``Indian Tribes, Tribal organizations, and
individual Tribal members''; and
(F) in paragraph (6)--
(i) by striking ``tribe'' each place the term appears and
inserting ``Tribe''; and
(ii) by striking ``tribal'' each place the term appears and
inserting ``Tribal'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) Special rule.--Notwithstanding section 3(5)(A)(iii),
funds made available under this section may be used to
provide preparatory, refresher, and remedial education
services that are designed to enable students to achieve
success in career and technical education programs or
programs of study.'';
(4) in subsection (d), by striking ``tribe'' each place the
term appears and inserting ``Tribe'';
(5) in subsection (e)(1), by striking ``tribal'' and
inserting ``Tribal'';
(6) in subsection (f), by striking ``tribe'' and inserting
``Tribe''; and
(7) in subsection (g), by striking ``tribe'' each place the
term appears and inserting ``Tribe''.
SEC. 116. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS.
Section 117 (20 U.S.C. 2327) is amended--
(1) in subsection (a)(2), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(2) in subsection (d), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(3) in subsection (f)(3), by striking ``tribe'' each place
the term appears and inserting ``Tribe'';
(4) in subsection (h)--
(A) in the paragraph heading, by striking ``indian tribe''
and inserting ``Indian tribe''; and
(B) by striking ``terms `Indian' and `Indian tribe' have
the meanings given the terms in'' and inserting ``terms
`Indian' and `Indian Tribe' have the meanings given the terms
`Indian' and `Indian tribe', respectively, in''; and
(5) by striking subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $9,762,539 for fiscal year 2019;
``(2) $9,899,215 for fiscal year 2020;
``(3) $10,037,804 for fiscal year 2021;
``(4) $10,178,333 for fiscal year 2022;
``(5) $10,320,829 for fiscal year 2023; and
``(6) $10,465,321 for fiscal year 2024.''.
SEC. 117. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118 (20 U.S.C. 2328) is repealed.
PART B--STATE PROVISIONS
SEC. 121. STATE ADMINISTRATION.
Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is amended by
striking ``parents'' and all that follows through the end of
the paragraph and inserting ``teachers, faculty, specialized
instructional support personnel, paraprofessionals, school
leaders, authorized public chartering agencies and charter
school leaders (consistent with State law), employers,
representatives of business (including small businesses),
labor organizations, eligible recipients, local program
administrators, State and local officials, Indian Tribes or
Tribal organizations present in the State, parents, students,
and community organizations;''.
SEC. 122. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``6-year period,'' and inserting ``4-year
period, consistent with subsection (b) and paragraph (5),'';
and
(ii) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' and inserting
``Strengthening Career and Technical Education for the 21st
Century Act'';
(B) in paragraph (2)(B), by striking ``6-year period'' and
inserting ``4-year period'';
(C) in paragraph (3), by striking ``(including charter
school'' and all that follows through ``and community
organizations)'' and inserting ``(including teachers,
faculty, specialized instructional support personnel,
paraprofessionals, school leaders, authorized public
chartering agencies and charter school leaders (consistent
with State law), employers, labor organizations, parents,
students, Indian Tribes and Tribal organizations that may be
present in the State, and community organizations)''; and
(D) by adding at the end the following:
``(4) Public comment.--Each eligible agency shall make the
State plan publicly available for public comment for a period
of not less than 30 days, by electronic means and in an
easily accessible format, prior to submission to the
Secretary for approval under this subsection. In the plan the
eligible agency files under this subsection, the eligible
agency shall provide an assurance that public comments were
taken into account in the development of the State plan.
``(5) Optional submission of subsequent plans.--An eligible
agency may, after the first 4-year State plan is submitted
under this section, submit subsequent 4-year plans not later
than 120 days prior to the end of the 4-year period covered
by the preceding State plan or, if an eligible agency chooses
not to submit a State plan for a subsequent 4-year period,
the eligible agency shall submit, and the Secretary shall
approve, annual revisions to the State determined levels of
performance in the same manner as revisions submitted and
approved under section 113(b)(3)(A)(ii).''; and
(2) by striking subsections (b) through (e) and inserting
the following:
``(b) Options for Submission of State Plan.--
``(1) Combined plan.--The eligible agency may submit a
combined plan that meets the requirements of this section and
the requirements of section 103 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3113).
``(2) Notice to secretary.--The eligible agency shall
inform the Secretary of whether the eligible agency intends
to submit a combined plan described in paragraph (1) or a
single plan.
``(c) Plan Development.--
[[Page S5213]]
``(1) In general.--The eligible agency shall--
``(A) develop the State plan in consultation with--
``(i) representatives of secondary and postsecondary career
and technical education programs, including eligible
recipients and representatives of 2-year minority-serving
institutions and historically Black colleges and universities
and tribally controlled colleges or universities in States
where such institutions are in existence, adult career and
technical education providers, and charter school
representatives in States where such schools are in
existence, which shall include teachers, faculty, school
leaders, specialized instructional support personnel, career
and academic guidance counselors, and paraprofessionals;
``(ii) interested community representatives, including
parents, students, and community organizations;
``(iii) representatives of the State workforce development
board established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111) (referred to
in this section as the `State board');
``(iv) members and representatives of special populations;
``(v) representatives of business and industry (including
representatives of small business), which shall include
representatives of industry and sector partnerships in the
State, as appropriate, and representatives of labor
organizations in the State;
``(vi) representatives of agencies serving out-of-school
youth, homeless children and youth, and at-risk youth,
including the State Coordinator for Education of Homeless
Children and Youths established or designated under section
722(d)(3) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(d)(3));
``(vii) representatives of Indian Tribes and Tribal
organizations located in, or providing services in, the
State; and
``(viii) individuals with disabilities; and
``(B) consult the Governor of the State, and the heads of
other State agencies with authority for career and technical
education programs that are not the eligible agency, with
respect to the development of the State plan.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access
to information needed to use such procedures, to allow the
individuals and entities described in paragraph (1) to
participate in State and local decisions that relate to
development of the State plan.
``(3) Consultation with the governor.--The consultation
described in paragraph (1)(B) shall include meetings of
officials from the eligible agency and the Governor's office
and shall occur--
``(A) during the development of such plan; and
``(B) prior to submission of the plan to the Secretary.
``(d) Plan Contents.--The State plan shall include--
``(1) a summary of State-supported workforce development
activities (including education and training) in the State,
including the degree to which the State's career and
technical education programs and programs of study are
aligned with and address the education and skill needs of the
employers in the State identified by the State board;
``(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including
special populations) and for meeting the skilled workforce
needs of employers, including in existing and emerging in-
demand industry sectors and occupations as identified by the
State, and how the State's career and technical education
programs will help to meet these goals;
``(3) a strategy for any joint planning, alignment,
coordination, and leveraging of funds--
``(A) between the State's career and technical education
programs and programs of study with the State's workforce
development system, to achieve the strategic vision and goals
described in paragraph (2), including the core programs
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) and the elements related to
system alignment under section 102(b)(2)(B) of such Act (29
U.S.C. 3112(b)(2)(B)); and
``(B) for programs carried out under this title with other
Federal programs, which may include programs funded under the
Elementary and Secondary Education Act of 1965 and the Higher
Education Act of 1965;
``(4) a description of the career and technical education
programs or programs of study that will be supported,
developed, or improved at the State level, including
descriptions of--
``(A) the programs of study to be developed at the State
level and made available for adoption by eligible recipients;
``(B) the process and criteria to be used for approving
locally developed programs of study or career pathways,
including how such programs address State workforce
development and education needs and the criteria to assess
the extent to which the local application under section 132
will--
``(i) promote continuous improvement in academic
achievement and technical skill attainment;
``(ii) expand access to career and technical education for
special populations; and
``(iii) support the inclusion of employability skills in
programs of study and career pathways;
``(C) how the eligible agency will--
``(i) make information on approved programs of study and
career pathways (including career exploration, work-based
learning opportunities, early college high schools, and dual
or concurrent enrollment program opportunities) and guidance
and advisement resources, available to students (and parents,
as appropriate), representatives of secondary and
postsecondary education, and special populations, and to the
extent practicable, provide that information and those
resources in a language students, parents, and educators can
understand;
``(ii) facilitate collaboration among eligible recipients
in the development and coordination of career and technical
education programs and programs of study and career pathways
that include multiple entry and exit points;
``(iii) use State, regional, or local labor market data to
determine alignment of eligible recipients' programs of study
to the needs of the State, regional, or local economy,
including in-demand industry sectors and occupations
identified by the State board, and to align career and
technical education with such needs, as appropriate;
``(iv) ensure equal access to approved career and technical
education programs of study and activities assisted under
this Act for special populations;
``(v) coordinate with the State board to support the local
development of career pathways and articulate processes by
which career pathways will be developed by local workforce
development boards, as appropriate;
``(vi) support effective and meaningful collaboration
between secondary schools, postsecondary institutions, and
employers to provide students with experience in, and
understanding of, all aspects of an industry, which may
include work-based learning such as internships, mentorships,
simulated work environments, and other hands-on or inquiry-
based learning activities; and
``(vii) improve outcomes and reduce performance gaps for
CTE concentrators, including those who are members of special
populations; and
``(D) how the eligible agency may include the opportunity
for secondary school students to participate in dual or
concurrent enrollment programs, early college high school, or
competency-based education;
``(5) a description of the criteria and process for how the
eligible agency will approve eligible recipients for funds
under this Act, including how--
``(A) each eligible recipient will promote academic
achievement;
``(B) each eligible recipient will promote skill
attainment, including skill attainment that leads to a
recognized postsecondary credential; and
``(C) each eligible recipient will ensure the comprehensive
needs assessment under section 134(c) takes into
consideration local economic and education needs, including,
where appropriate, in-demand industry sectors and
occupations;
``(6) a description of how the eligible agency will support
the recruitment and preparation of teachers, including
special education teachers, faculty, school principals,
administrators, specialized instructional support personnel,
and paraprofessionals to provide career and technical
education instruction, leadership, and support, including
professional development that provides the knowledge and
skills needed to work with and improve instruction for
special populations;
``(7) a description of how the eligible agency will use
State leadership funds under section 124;
``(8) a description of how funds received by the eligible
agency through the allotment made under section 111 will be
distributed--
``(A) among career and technical education at the secondary
level, or career and technical education at the postsecondary
and adult level, or both, including how such distribution
will most effectively provide students with the skills needed
to succeed in the workplace; and
``(B) among any consortia that may be formed among
secondary schools and eligible institutions, and how funds
will be distributed among the members of the consortia,
including the rationale for such distribution and how it will
most effectively provide students with the skills needed to
succeed in the workplace;
``(9) a description of the eligible agency's program
strategies for special populations, including a description
of how individuals who are members of special populations--
``(A) will be provided with equal access to activities
assisted under this Act;
``(B) will not be discriminated against on the basis of
status as a member of a special population;
``(C) will be provided with programs designed to enable
individuals who are members of special populations to meet or
exceed State determined levels of performance described in
section 113, and prepare special populations for further
learning and for high-skill, high-wage, or in-demand industry
sectors or occupations;
``(D) will be provided with appropriate accommodations; and
``(E) will be provided instruction and work-based learning
opportunities in integrated settings that support
competitive, integrated employment;
``(10) a description of the procedure the eligible agency
will adopt for determining State determined levels of
performance described in section 113, which, at a minimum,
shall include--
[[Page S5214]]
``(A) a description of the process for public comment under
section 113(b)(3)(B) as part of the development of the State
determined levels of performance under section 113(b);
``(B) an explanation of the State determined levels of
performance; and
``(C) a description of how the State determined levels of
performance set by the eligible agency align with the levels,
goals, and objectives of other Federal and State laws;
``(11) a description of how the eligible agency will
address disparities or gaps in performance, as described in
section 113(b)(3)(C)(ii)(II), in each of the plan years, and
if no meaningful progress has been achieved prior to the
third program year, a description of the additional actions
the eligible agency will take to eliminate these disparities
or gaps;
``(12) describes how the eligible agency will involve
parents, academic and career and technical education
teachers, administrators, faculty, career guidance and
academic counselors, local business (including small
businesses), labor organizations, and representatives of
Indian Tribes and Tribal organizations, as appropriate, in
the planning, development, implementation, and evaluation of
such career and technical education programs; and
``(13) assurances that--
``(A) the eligible agency will comply with the requirements
of this Act and the provisions of the State plan, including
the provision of a financial audit of funds received under
this Act, which may be included as part of an audit of other
Federal or State programs;
``(B) none of the funds expended under this Act 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 acquiring entity or the employees of the
acquiring entity, or any affiliate of such an organization;
``(C) the eligible agency will use the funds to promote
preparation for high-skill, high-wage, or in-demand industry
sectors or occupations and non-traditional fields, as
identified by the eligible agency;
``(D) the eligible agency will use the funds provided under
this Act to implement career and technical education programs
and programs of study for individuals in State correctional
institutions, including juvenile justice facilities; and
``(E) the eligible agency will provide local educational
agencies, area career and technical education schools, and
eligible institutions in the State with technical assistance,
including technical assistance on how to close gaps in
student participation and performance in career and technical
education programs; and
``(14) a description of the opportunities for the public to
comment in person and in writing on the State plan under this
subsection.
``(e) Consultation.--
``(1) In general.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of
any funds proposed to be reserved for adult career and
technical education, postsecondary career and technical
education, and secondary career and technical education after
consultation with--
``(A) the State agency responsible for supervision of
community colleges, technical institutes, other 2-year
postsecondary institutions primarily engaged in providing
postsecondary career and technical education, or, where
applicable, institutions of higher education that are engaged
in providing postsecondary career and technical education as
part of their mission;
``(B) the State agency responsible for secondary education;
and
``(C) the State agency responsible for adult education.
``(2) Objections of state agencies.--If a State agency
other than the eligible agency finds that a portion of the
final State plan is objectionable, that objection shall be
filed together with the State plan. The eligible agency shall
respond to any objections of such State agency in the State
plan submitted to the Secretary.
``(3) Joint signature authority.--A Governor shall have 30
days prior to the eligible agency submitting the State plan
to the Secretary to sign such plan. If the Governor has not
signed the plan within 30 days of delivery by the eligible
agency to the Governor, the eligible agency shall submit the
plan to the Secretary without such signature.
``(f) Plan Approval.--
``(1) In general.--Not later than 120 days after the
eligible agency submits its State plan, the Secretary shall
approve such State plan, or a revision of the plan under
subsection (a)(2) (including a revision of State determined
levels of performance in accordance with section
113(b)(3)(A)(iii)), if the Secretary determines that the
State has submitted in its State plan State determined levels
of performance that meet the criteria established in section
113(b)(3), including the minimum requirements described in
section 113(b)(3)(A)(i)(III), unless the Secretary--
``(A) determines that the State plan does not meet the
requirements of this Act, including the minimum requirements
as described in section 113(b)(3)(A)(i)(III); and
``(B) meets the requirements of paragraph (2) with respect
to such plan.
``(2) Disapproval.--The Secretary--
``(A) shall have the authority to disapprove a State plan
only if the Secretary--
``(i) determines how the State plan fails to meet the
requirements of this Act; and
``(ii) provides to the eligible agency, in writing, notice
of such determination and the supporting information and
rationale to substantiate such determination; and
``(B) shall not finally disapprove a State plan, except
after making the determination and providing the information
described in subparagraph (A), and giving the eligible agency
notice and an opportunity for a hearing.''.
SEC. 123. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``percent of an agreed upon'' and inserting
``percent of the'';
(ii) by striking ``State adjusted level of performance''
and inserting ``State determined level of performance'' each
place the term appears;
(iii) by striking ``section 113(b)(3)'' and inserting
``113(b)(2) for all CTE concentrators'';
(iv) by striking ``(with special consideration to
performance gaps identified under section 113(c)(2))'' and
inserting ``(that includes an analysis of the performance
disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps)'';
(B) in paragraph (2)--
(i) by striking ``State's adjusted levels of performance''
and inserting ``State determined levels of performance''; and
(ii) by striking ``purposes of this Act'' and inserting
``purposes of this section, including after implementation of
the improvement plan described in paragraph (1),'';
(C) in paragraph (3)(A)--
(i) in clause (i), by inserting ``or'' after the semicolon;
and
(ii) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement plan
under paragraph (1), fails to meet at least 90 percent of a
State determined level of performance for such core indicator
for 2 consecutive years after the eligible agency has been
identified for improvement under such paragraph.''; and
(D) by adding at the end the following:
``(5) Adjustments prohibited.--An eligible agency shall not
be eligible to adjust performance levels while executing an
improvement plan under this section.''; and
(2) in subsection (b)--
(A) by striking ``adjusted'' each place the term appears;
(B) in paragraph (2)--
(i) by inserting ``for all CTE concentrators'' after
``section 113(b)(4)''; and
(ii) by striking ``(with special consideration to
performance gaps identified under section
113(b)(4)(C)(ii)(II) in consultation with the eligible
agency,'' and inserting ``(that includes an analysis of the
performance disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps) in consultation with local stakeholders
described in section 134(d)(1), the eligible agency, and'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``or'' after the semicolon;
and
(II) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement plan
under paragraph (2), fails to meet at least 90 percent of the
local level of performance for such core indicator for 2
consecutive years after the eligible recipient has been
identified for improvement under such paragraph.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``or'' after the semicolon;
(II) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:
``(iii) in response to a public request from an eligible
recipient, if the eligible agency determines that the
requirements described in clause (i) or (ii) have been
met.''; and
(D) by adding at the end the following:
``(6) Adjustments prohibited.--An eligible recipient shall
not be eligible to adjust performance levels while executing
an improvement plan under this section.''.
SEC. 124. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (a), by striking ``shall conduct State
leadership activities.'' and inserting ``shall--
``(1) conduct State leadership activities to improve career
and technical education, which shall include support for--
``(A) preparation for non-traditional fields in current and
emerging professions, programs for special populations, and
other activities that expose students, including special
populations, to high-skill, high-wage, and in-demand
occupations;
``(B) individuals in State institutions, such as State
correctional institutions, including juvenile justice
facilities, and educational institutions that serve
individuals with disabilities;
``(C) recruiting, preparing, or retaining career and
technical education teachers, faculty, specialized
instructional support personnel, or paraprofessionals, such
as preservice, professional development, or leadership
development programs; and
``(D) technical assistance for eligible recipients; and
``(2) report on the effectiveness of such use of funds in
achieving the goals described in section 122(d)(2) and the
State determined
[[Page S5215]]
levels of performance described in section 113(b)(3)(A), and
reducing disparities or performance gaps as described in
section 113(b)(3)(C)(ii)(II).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Required'' and
inserting ``Permissible'';
(B) in the matter preceding paragraph (1), by striking
``shall'' and inserting ``may''; and
(C) by striking paragraphs (1) through (9) and inserting
the following:
``(1) developing statewide programs of study, which may
include standards, curriculum, and course development, and
career exploration, guidance, and advisement activities and
resources;
``(2) approving locally developed programs of study that
meet the requirements established in section 122(d)(4)(B);
``(3) establishing statewide articulation agreements
aligned to approved programs of study;
``(4) establishing statewide industry or sector
partnerships among local educational agencies, institutions
of higher education, adult education providers, Indian Tribes
and Tribal organizations that may be present in the State,
employers, including small businesses, and parents, as
appropriate to--
``(A) develop and implement programs of study aligned to
State and local economic and education needs, including, as
appropriate, in-demand industry sectors and occupations;
``(B) facilitate the establishment, expansion, and
integration of opportunities for students at the secondary
level to--
``(i) successfully complete coursework that integrates
rigorous and challenging technical and academic instruction
aligned with the challenging State academic standards adopted
by the State under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965; and
``(ii) earn a recognized postsecondary credential or credit
toward a recognized postsecondary credential, which may be
earned through a dual or concurrent enrollment program or
early college high school, at no cost to the student or the
student's family; and
``(C) facilitate work-based learning opportunities
(including internships, externships, and simulated work
environments) into programs of study;
``(5) for teachers, faculty, specialized instructional
support personnel, and paraprofessionals providing career and
technical education instruction, support services, and
specialized instructional support services, high-quality
comprehensive professional development that is, to the extent
practicable, grounded in evidence-based research (to the
extent a State determines that such evidence is reasonably
available) that identifies the most effective educator
professional development process and is coordinated and
aligned with other professional development activities
carried out by the State (including under title II of the
Elementary and Secondary Education Act of 1965 and title II
of the Higher Education Act of 1965), including programming
that--
``(A) promotes the integration of the challenging State
academic standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and relevant technical knowledge and skills, including
programming jointly delivered to academic and career and
technical education teachers;
``(B) prepares career and technical education teachers,
faculty, specialized instructional support personnel, and
paraprofessionals to provide appropriate accommodations for
students who are members of special populations, including
through the use of principles of universal design for
learning, multi-tier systems of supports, and positive
behavioral interventions and support; and
``(C) increases the ability of teachers, faculty,
specialized instructional support personnel, and
paraprofessionals providing career and technical education
instruction to stay current with industry standards and earn
an industry-recognized credential or license, as appropriate,
including by assisting those with relevant industry
experience in obtaining State teacher licensure or credential
requirements;
``(6) supporting eligible recipients in eliminating
inequities in student access to--
``(A) high-quality programs of study that provide skill
development; and
``(B) effective teachers, faculty, specialized
instructional support personnel, and paraprofessionals;
``(7) awarding incentive grants to eligible recipients--
``(A) for exemplary performance in carrying out programs
under this Act, which awards shall be based on--
``(i) eligible recipients exceeding the local level of
performance on a core indicator of performance established
under section 113(b)(4)(A) in a manner that reflects
sustained or significant improvement;
``(ii) eligible recipients effectively developing
connections between secondary education and postsecondary
education and training;
``(iii) the integration of academic and technical
standards;
``(iv) eligible recipients' progress in closing achievement
gaps among subpopulations who participate in programs of
study; or
``(v) other factors relating to the performance of eligible
recipients under this Act as the eligible agency determines
are appropriate; or
``(B) if an eligible recipient elects to use funds as
permitted under section 135(c);
``(8) providing support for--
``(A) the adoption and integration of recognized
postsecondary credentials and work-based learning into
programs of study, and for increasing data collection
associated with recognized postsecondary credentials and
employment outcomes; or
``(B) consultation and coordination with other State
agencies for the identification and examination of licenses
or certifications that--
``(i) pose an unwarranted barrier to entry into the
workforce for career and technical education students; and
``(ii) do not protect the health, safety, or welfare of
consumers;
``(9) the creation, implementation, and support of pay for
success initiatives leading to a recognized postsecondary
credential;
``(10) support for career and technical education programs
for adults and out-of-school youth concurrent with their
completion of their secondary school education in a school or
other educational setting;
``(11) the creation, evaluation, and support of competency-
based curricula;
``(12) support for the development, implementation, and
expansion of programs of study or career pathways in areas
declared to be in a state of emergency under section 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191);
``(13) partnering with qualified intermediaries to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of
the delivery of high-quality career and technical education;
``(14) improvement of career guidance and academic
counseling programs that assist students in making informed
academic and career and technical education decisions,
including academic and financial aid counseling;
``(15) support for the integration of employability skills
into career and technical education programs and programs of
study;
``(16) support for programs and activities that increase
access, student engagement, and success in science,
technology, engineering, and mathematics fields (including
computer science, coding, and architecture), support for the
integration of arts and design skills, and support for hands-
on learning, particularly for students who are members of
groups underrepresented in such subject fields, such as
female students, minority students, and students who are
members of special populations;
``(17) support for career and technical student
organizations, especially with respect to efforts to increase
the participation of students in nontraditional fields and
students who are members of special populations;
``(18) support for establishing and expanding work-based
learning opportunities that are aligned to career and
technical education programs and programs of study;
``(19) integrating and aligning programs of study and
career pathways;
``(20) supporting the use of career and technical education
programs and programs of study aligned with State, regional,
or local high-skill, high-wage, or in-demand industry sectors
or occupations identified by the State workforce development
board described in section 101 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111) or local workforce
development boards;
``(21) making all forms of instructional content widely
available, which may include use of open educational
resources;
``(22) developing valid and reliable assessments of
competencies and technical skills and enhancing data systems
to collect and analyze data on secondary and postsecondary
academic and employment outcomes;
``(23) support for accelerated learning programs, as
described in section 4104(b)(3)(A)(i)(IV) of the Elementary
and Secondary Education Act of 1965, in the case of any such
program that is part of a career and technical education
program of study;
``(24) support for career academies to implement a
postsecondary education and workforce-ready curriculum at the
secondary education level that integrates rigorous academic,
technical, and employability contents through career and
technical education programs and programs of study that
address needs described in the comprehensive needs assessment
under section 134(c); and
``(25) other State leadership activities that improve
career and technical education.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (c); and
(5) in subsection (c), as redesignated by paragraph (4), by
striking the period at the end and inserting ``, unless
expressly authorized under subsection (a).''.
PART C--LOCAL PROVISIONS
SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION
PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
(1) in subsection (a)(3)(B), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education'';
(2) in subsection (c)(2)(A)(ii), by inserting ``or programs
of study'' after ``technical education programs'';
(3) in subsection (g), by inserting ``and programs of
study'' after ``technical education programs''; and
(4) in subsection (h), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
[[Page S5216]]
SEC. 132. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
Section 133 (20 U.S.C. 2353) is amended by inserting ``or
programs of study'' after ``career and technical education
programs'' each place the term appears.
SEC. 133. LOCAL APPLICATION FOR CAREER AND TECHNICAL
EDUCATION PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) in the section heading, by striking ``local plan'' and
inserting ``local application'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Local Plan''
and inserting ``Local Application'';
(B) by striking ``submit a local plan'' and inserting
``submit a local application''; and
(C) by striking ``Such local plan'' and inserting ``Such
local application''; and
(3) by striking subsection (b) and inserting the following:
``(b) Contents.--The eligible agency shall determine the
requirements for local applications, except that each local
application shall contain--
``(1) a description of the results of the comprehensive
needs assessment conducted under subsection (c);
``(2) information on the career and technical education
course offerings and activities that the eligible recipient
will provide with funds under this part, which shall include
not less than 1 program of study approved by a State under
section 124(b)(2), including--
``(A) how the results of the comprehensive needs assessment
described in subsection (c) informed the selection of the
specific career and technical education programs and
activities selected to be funded;
``(B) a description of any new programs of study the
eligible recipient will develop and submit to the State for
approval; and
``(C) how students, including students who are members of
special populations, will learn about their school's career
and technical education course offerings and whether each
course is part of a career and technical education program of
study;
``(3) a description of how the eligible recipient, in
collaboration with local workforce development boards and
other local workforce agencies, one-stop delivery systems
described in section 121(e)(2) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(e)(2)), and other
partners, will provide--
``(A) career exploration and career development coursework,
activities, or services;
``(B) career information on employment opportunities that
incorporate the most up-to-date information on high-skill,
high-wage, or in-demand industry sectors or occupations, as
determined by the comprehensive needs assessment described in
subsection (c); and
``(C) an organized system of career guidance and academic
counseling to students before enrolling and while
participating in a career and technical education program;
``(4) a description of how the eligible recipient will
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
coherent and rigorous content aligned with challenging
academic standards and relevant career and technical
education programs to ensure learning in the subjects that
constitute a well-rounded education (as defined in section
8101 of the Elementary and Secondary Education Act of 1965);
``(5) a description of how the eligible recipient will--
``(A) provide activities to prepare special populations for
high-skill, high-wage, or in-demand industry sectors or
occupations that will lead to self-sufficiency;
``(B) prepare CTE participants for non-traditional fields;
``(C) provide equal access for special populations to
career and technical education courses, programs, and
programs of study; and
``(D) ensure that members of special populations will not
be discriminated against on the basis of their status as
members of special populations;
``(6) a description of the work-based learning
opportunities that the eligible recipient will provide to
students participating in career and technical education
programs and how the recipient will work with representatives
from employers to develop or expand work-based learning
opportunities for career and technical education students, as
applicable;
``(7) a description of how the eligible recipient will
provide students participating in career and technical
education programs with the opportunity to gain postsecondary
credit while still attending high school, such as through
dual or concurrent enrollment programs or early college high
school, as practicable;
``(8) a description of how the eligible recipient will
coordinate with the eligible agency and institutions of
higher education to support the recruitment, preparation,
retention, and training, including professional development,
of teachers, faculty, administrators, and specialized
instructional support personnel and paraprofessionals who
meet applicable State certification and licensure
requirements (including any requirements met through
alternative routes to certification), including individuals
from groups underrepresented in the teaching profession; and
``(9) a description of how the eligible recipient will
address disparities or gaps in performance as described in
section 113(b)(3)(C)(ii)(II) in each of the plan years, and
if no meaningful progress has been achieved prior to the
third program year, a description of the additional actions
such recipient will take to eliminate those disparities or
gaps.
``(c) Comprehensive Needs Assessment.--
``(1) In general.--To be eligible to receive financial
assistance under this part, an eligible recipient shall--
``(A) conduct a comprehensive local needs assessment
related to career and technical education and include the
results of the needs assessment in the local application
submitted under subsection (a); and
``(B) not less than once every 2 years, update such
comprehensive local needs assessment.
``(2) Requirements.--The comprehensive local needs
assessment described in paragraph (1) shall include each of
the following:
``(A) An evaluation of the performance of the students
served by the eligible recipient with respect to State
determined and local levels of performance established
pursuant to section 113, including an evaluation of
performance for special populations and each subgroup
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965.
``(B) A description of how career and technical education
programs offered by the eligible recipient are--
``(i) sufficient in size, scope, and quality to meet the
needs of all students served by the eligible recipient; and
``(ii)(I) aligned to State, regional, Tribal, or local in-
demand industry sectors or occupations identified by the
State workforce development board described in section 101 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3111)
(referred to in this section as the `State board') or local
workforce development board, including career pathways, where
appropriate; or
``(II) designed to meet local education or economic needs
not identified by State boards or local workforce development
boards.
``(C) An evaluation of progress toward the implementation
of career and technical education programs and programs of
study.
``(D) A description of how the eligible recipient will
improve recruitment, retention, and training of career and
technical education teachers, faculty, specialized
instructional support personnel, paraprofessionals, and
career guidance and academic counselors, including
individuals in groups underrepresented in such professions.
``(E) A description of progress toward implementation of
equal access to high-quality career and technical education
courses and programs of study for all students, including--
``(i) strategies to overcome barriers that result in lower
rates of access to, or performance gaps in, the courses and
programs for special populations;
``(ii) providing programs that are designed to enable
special populations to meet the local levels of performance;
and
``(iii) providing activities to prepare special populations
for high-skill, high-wage, or in-demand industry sectors or
occupations in competitive, integrated settings that will
lead to self-sufficiency.
``(d) Consultation.--In conducting the comprehensive needs
assessment under subsection (c), and developing the local
application described in subsection (b), an eligible
recipient shall involve a diverse body of stakeholders,
including, at a minimum--
``(1) representatives of career and technical education
programs in a local educational agency or educational service
agency, including teachers, career guidance and academic
counselors, principals and other school leaders,
administrators, and specialized instructional support
personnel and paraprofessionals;
``(2) representatives of career and technical education
programs at postsecondary educational institutions, including
faculty and administrators;
``(3) representatives of the State board or local workforce
development boards and a range of local or regional
businesses or industries;
``(4) parents and students;
``(5) representatives of special populations;
``(6) representatives of regional or local agencies serving
out-of-school youth, homeless children and youth, and at-risk
youth (as defined in section 1432 of the Elementary and
Secondary Education Act of 1965);
``(7) representatives of Indian Tribes and Tribal
organizations in the State, where applicable; and
``(8) any other stakeholders that the eligible agency may
require the eligible recipient to consult.
``(e) Continued Consultation.--An eligible recipient
receiving financial assistance under this part shall consult
with stakeholders described in subsection (d) on an ongoing
basis, as determined by the eligible agency. This may include
consultation in order to--
``(1) provide input on annual updates to the comprehensive
needs assessment required under subsection (c)(1)(B);
``(2) ensure programs of study are--
``(A) responsive to community employment needs;
``(B) aligned with employment priorities in the State,
regional, tribal, or local economy
[[Page S5217]]
identified by employers and the entities described in
subsection (d), which may include in-demand industry sectors
or occupations identified by the local workforce development
board;
``(C) informed by labor market information, including
information provided under section 15(e)(2)(C) of the Wagner-
Peyser Act (29 U.S.C. 491-2(e)(2)(C));
``(D) designed to meet current, intermediate, or long-term
labor market projections; and
``(E) allow employer input, including input from industry
or sector partnerships in the local area, where applicable,
into the development and implementation of programs of study
to ensure such programs of study align with skills required
by local employment opportunities, including activities such
as the identification of relevant standards, curriculum,
industry-recognized credentials, and current technology and
equipment;
``(3) identify and encourage opportunities for work-based
learning; and
``(4) ensure funding under this part is used in a
coordinated manner with other local resources.''.
SEC. 134. LOCAL USES OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended to read as follows:
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that
receives funds under this part shall use such funds to
develop, coordinate, implement, or improve career and
technical education programs to meet the needs identified in
the comprehensive needs assessment described in section
134(c).
``(b) Requirements for Uses of Funds.--Funds made available
to eligible recipients under this part shall be used to
support career and technical education programs that are of
sufficient size, scope, and quality to be effective and
that--
``(1) provide career exploration and career development
activities through an organized, systematic framework
designed to aid students, including in the middle grades,
before enrolling and while participating in a career and
technical education program, in making informed plans and
decisions about future education and career opportunities and
programs of study, which may include--
``(A) introductory courses or activities focused on career
exploration and career awareness, including non-traditional
fields;
``(B) readily available career and labor market
information, including information on--
``(i) occupational supply and demand;
``(ii) educational requirements;
``(iii) other information on careers aligned to State,
local, or Tribal (as applicable) economic priorities; and
``(iv) employment sectors;
``(C) programs and activities related to the development of
student graduation and career plans;
``(D) career guidance and academic counselors that provide
information on postsecondary education and career options;
``(E) any other activity that advances knowledge of career
opportunities and assists students in making informed
decisions about future education and employment goals,
including non-traditional fields; or
``(F) providing students with strong experience in, and
comprehensive understanding of, all aspects of an industry;
``(2) provide professional development for teachers,
faculty, school leaders, administrators, specialized
instructional support personnel, career guidance and academic
counselors, or paraprofessionals, which may include--
``(A) professional development on supporting individualized
academic and career and technical education instructional
approaches, including the integration of academic and career
and technical education standards and curricula;
``(B) professional development on ensuring labor market
information is used to inform the programs, guidance, and
advisement offered to students, including information
provided under section 15(e)(2)(C) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)(2)(C));
``(C) providing teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or
paraprofessionals, as appropriate, with opportunities to
advance knowledge, skills, and understanding of all aspects
of an industry, including the latest workplace equipment,
technologies, standards, and credentials;
``(D) supporting school leaders and administrators in
managing career and technical education programs in the
schools, institutions, or local educational agencies of such
school leaders or administrators;
``(E) supporting the implementation of strategies to
improve student achievement and close gaps in student
participation and performance in career and technical
education programs;
``(F) providing teachers, faculty, specialized
instructional support personnel, career guidance and academic
counselors, principals, school leaders, or paraprofessionals,
as appropriate, with opportunities to advance knowledge,
skills, and understanding in pedagogical practices,
including, to the extent the eligible recipient determines
that such evidence is reasonably available, evidence-based
pedagogical practices;
``(G) training teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or
paraprofessionals, as appropriate, to provide appropriate
accommodations for individuals with disabilities, and
students with disabilities who are provided accommodations
under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
or the Individuals with Disabilities Education Act;
``(H) training teachers, faculty, specialized instructional
support personnel, career guidance and academic counselors,
and paraprofessionals in frameworks to effectively teach
students, including a particular focus on students with
disabilities and English learners, which may include
universal design for learning, multi-tier systems of
supports, and positive behavioral interventions and support;
or
``(I) training for the effective use of community spaces
that provide access to tools, technology, and knowledge for
learners and entrepreneurs, such as makerspaces or libraries;
``(3) provide within career and technical education the
skills necessary to pursue careers in high-skill, high-wage,
or in-demand industry sectors or occupations;
``(4) support integration of academic skills into career
and technical education programs and programs of study to
support--
``(A) CTE participants at the secondary school level in
meeting the challenging State academic standards adopted
under section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 by the State in which the eligible
recipient is located; and
``(B) CTE participants at the postsecondary level in
achieving academic skills;
``(5) plan and carry out elements that support the
implementation of career and technical education programs and
programs of study and that result in increasing student
achievement of the local levels of performance established
under section 113, which may include--
``(A) a curriculum aligned with the requirements for a
program of study;
``(B) sustainable relationships among education, business
and industry, and other community stakeholders, including
industry or sector partnerships in the local area, where
applicable, that are designed to facilitate the process of
continuously updating and aligning programs of study with
skills that are in demand in the State, regional, or local
economy, and in collaboration with business outreach staff in
one-stop centers, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102), and other
appropriate organizations, including community-based and
youth-serving organizations;
``(C) where appropriate, expanding opportunities for CTE
concentrators to participate in accelerated learning programs
(as described in section 4104(b)(3)(A)(i)(IV) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(A)(i)(IV)), including dual or concurrent
enrollment programs, early college high schools, and the
development or implementation of articulation agreements as
part of a career and technical education program of study;
``(D) appropriate equipment, technology, and instructional
materials (including support for library resources) aligned
with business and industry needs, including machinery,
testing equipment, tools, implements, hardware and software,
and other new and emerging instructional materials;
``(E) a continuum of work-based learning opportunities,
including simulated work environments;
``(F) industry-recognized certification examinations or
other assessments leading toward a recognized postsecondary
credential;
``(G) efforts to recruit and retain career and technical
education program teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, and
paraprofessionals;
``(H) where applicable, coordination with other education
and workforce development programs and initiatives, including
career pathways and sector partnerships developed under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) and other Federal laws and initiatives that provide
students with transition-related services, including the
Individuals with Disabilities Education Act;
``(I) expanding opportunities for students to participate
in distance career and technical education and blended-
learning programs;
``(J) expanding opportunities for students to participate
in competency-based education programs;
``(K) improving career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including academic
and financial aid counseling;
``(L) supporting the integration of employability skills
into career and technical education programs and programs of
study, including through family and consumer science
programs;
``(M) supporting programs and activities that increase
access, student engagement, and success in science,
technology, engineering, and mathematics fields (including
computer science and architecture) for students who are
members of groups underrepresented in such subject fields;
``(N) providing career and technical education, in a school
or other educational setting, for adults or out-of-school
youth to complete secondary school education or upgrade
technical skills;
[[Page S5218]]
``(O) supporting career and technical student
organizations, including student preparation for and
participation in technical skills competitions aligned with
career and technical education program standards and
curricula;
``(P) making all forms of instructional content widely
available, which may include use of open educational
resources;
``(Q) supporting the integration of arts and design skills,
when appropriate, into career and technical education
programs and programs of study;
``(R) partnering with a qualified intermediary to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of
the delivery of high-quality career and technical education;
``(S) support to reduce or eliminate out-of-pocket expenses
for special populations participating in career and technical
education, including those participating in dual or
concurrent enrollment programs or early college high school
programs, and supporting the costs associated with fees,
transportation, child care, or mobility challenges for those
special populations; or
``(T) other activities to improve career and technical
education programs; and
``(6) develop and implement evaluations of the activities
carried out with funds under this part, including evaluations
necessary to complete the comprehensive needs assessment
required under section 134(c) and the local report required
under section 113(b)(4)(B).
``(c) Pooling Funds.--An eligible recipient may pool a
portion of funds received under this Act with a portion of
funds received under this Act available to one or more
eligible recipients to support implementation of programs of
study through the activities described in subsection (b)(2).
``(d) Administrative Costs.--Each eligible recipient
receiving funds under this part shall not use more than 5
percent of such funds for costs associated with the
administration of activities under this section.''.
TITLE II--GENERAL PROVISIONS
SEC. 201. FEDERAL AND STATE ADMINISTRATIVE PROVISIONS.
(a) In General.--The Act (20 U.S.C. 2301 et seq.) is
amended--
(1) in section 311--
(A) in subsection (a), by striking ``and tech prep program
activities''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (A) to read as follows:
``(A) In general.--Except as provided in subparagraph (B),
(C), or (D), in order for a State to receive its full
allotment of funds under this Act for any fiscal year, the
Secretary must find that the State's fiscal effort per
student, or the aggregate expenditures of such State, with
respect to career and technical education for the preceding
fiscal year was not less than the fiscal effort per student,
or the aggregate expenditures of such State, for the second
preceding fiscal year.'';
(II) in subparagraph (B), by striking ``shall exclude
capital expenditures, special 1-time project costs, and the
cost of pilot programs.'' and inserting ``shall, at the
request of the State, exclude competitive or incentive-based
programs established by the State, capital expenditures,
special one-time project costs, and the cost of pilot
programs.''; and
(III) by adding at the end the following:
``(D) Establishing the state baseline.--For purposes of
applying subparagraph (A) for years which require the
calculation of the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to career
and technical education for the first full fiscal year
following the date of enactment of the Strengthening Career
and Technical Education for the 21st Century Act, the State
may determine the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to career
and technical education for such first full fiscal year by--
``(i) continuing to use the State's fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, as was in effect
on the day before the date of enactment of the Strengthening
Career and Technical Education for the 21st Century Act; or
``(ii) establishing a new level of fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, which is not less
than 95 percent of the State's fiscal effort per student, or
the aggregate expenditures of such State, with respect to
career and technical education for the preceding fiscal
year.'';
(ii) by striking paragraph (2) and inserting the following:
``(2) Failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
a State's allotment of funds under this Act for any fiscal
year in the exact proportion by which the State fails to meet
the requirement of paragraph (1) by falling below the State's
fiscal effort per student or the State's aggregate
expenditures (using the measure most favorable to the State),
if the State failed to meet such requirement (as determined
using the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive paragraph (2) due to
exceptional or uncontrollable circumstances affecting the
ability of the State to meet the requirement of paragraph (1)
such as a natural disaster or an unforeseen and precipitous
decline in financial resources. No level of funding permitted
under such a waiver may be used as the basis for computing
the fiscal effort or aggregate expenditures required under
this section for years subsequent to the year covered by such
waiver. The fiscal effort or aggregate expenditures for the
subsequent years shall be computed on the basis of the level
of funding that would, but for such waiver, have been
required.'';
(2) in section 314(1), by striking ``career path or major''
and inserting ``career pathway or program of study'';
(3) in section 315--
(A) by inserting ``or programs of study'' after ``career
and technical education programs''; and
(B) by striking ``seventh grade'' and inserting ``the
middle grades (as such term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965)'';
(4) in section 317(b)--
(A) in paragraph (1)--
(i) by inserting ``, including programs of study,'' after
``activities''; and
(ii) by striking ``who reside in the geographical area
served by'' and inserting ``in areas served by''; and
(B) in paragraph (2)--
(i) by striking ``the geographical area'' and inserting
``areas''; and
(ii) by inserting ``, including programs of study,'' after
``activities'';
(5) by striking title II and redesignating title III as
title II;
(6) by redesignating sections 311 through 318, as amended
by this section, as sections 211 through 218, respectively;
(7) by redesignating sections 321 through 324 as sections
221 through 224, respectively; and
(8) by inserting after section 218 (as so redesignated) the
following:
``SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL,
HIGH-WAGE OCCUPATIONS.
``(a) Scope of Study.--The Comptroller General of the
United States shall conduct a study to evaluate--
``(1) the strategies, components, policies, and practices
used by eligible agencies or eligible recipients receiving
funding under this Act to successfully assist--
``(A) all students in pursuing and completing programs of
study aligned to high-skill, high-wage occupations; and
``(B) any special population or specific subgroup of
students identified in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 in pursuing
and completing programs of study aligned to high-skill, high-
wage occupations in fields in which such special population
or subgroup is underrepresented; and
``(2) any challenges associated with replication of such
strategies, components, policies, and practices.
``(b) Consultation.--In carrying out the study conducted
under subsection (a), the Comptroller General of the United
States shall consult with a geographically diverse (including
urban, suburban, and rural) representation of--
``(1) students and parents;
``(2) eligible agencies and eligible recipients;
``(3) teachers, faculty, specialized instructional support
personnel, and paraprofessionals, including those with
expertise in preparing career and technical education
students for non-traditional fields;
``(4) Indian Tribes and Tribal organizations;
``(5) special populations; and
``(6) representatives of business and industry.
``(c) Submission.--Upon completion, the Comptroller General
of the United States shall submit the study conducted under
subsection (a) to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.''.
(b) Conforming Amendment.--Section 8(a) (20 U.S.C.
2306a(a)) is amended by striking ``311(b), and 323'' and
inserting ``211(b), and 223''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l-
2(e)(2)) is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) consult with eligible agencies (defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302)), State educational agencies, and local
educational agencies concerning the provision of workforce
and labor market information in order to--
``(i) meet the needs of secondary school and postsecondary
school students who seek such information; and
``(ii) annually inform the development and implementation
of programs of study defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302), and career pathways;'';
(2) in subparagraph (G), by striking ``and'' after the
semicolon;
(3) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
[[Page S5219]]
``(I) provide, on an annual and timely basis to each
eligible agency (defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302)),
the data and information described in subparagraphs (A) and
(B) of subsection (a)(1).''.
SEC. 302. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
(1) Section 1111(h)(1)(C)(xiv) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(xiv)) is amended by striking ``attaining career
and technical proficiencies (as defined by section 113(b) of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2323(b)) and reported by States only in a
manner consistent with section 113(c) of such Act (20 U.S.C.
2323(c))'' and inserting ``meeting State determined levels of
performance for core indicators, as defined by section
113(b)(3)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported
by States only in a manner consistent with section
113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))''.
(2) Section 6115(b)(6) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7425(b)(6)) is amended by
striking ``tech-prep education, mentoring,'' and inserting
``mentoring''.
(3) Section 6304(a)(3)(K) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7544(a)(3)(K)) is amended by
striking ``tech-prep,''.
SEC. 303. AMENDMENT TO THE WORKFORCE INNOVATION AND
OPPORTUNITY ACT.
Section 134(c)(2)(A)(vii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(vii)) is amended by
striking ``school dropouts'' and inserting ``out-of-school
youth''.
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