[House Report 105-800]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-800
_______________________________________________________________________
CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS
_______
October 8, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Goodling, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1853]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1853), to amend the Carl D. Perkins Vocational and Applied
Technology Education Act, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; AMENDMENT.
(a) Short Title.--This Act may be cited as the ``Carl D.
Perkins Vocational and Applied Technology Education Amendments
of 1998''.
(b) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended to
read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Carl D.
Perkins Vocational and Technical Education Act of 1998.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Authorization of appropriations.
``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American program.
``Sec. 117. Tribally controlled postsecondary vocational and
technical institutions.
``Sec. 118. Occupational and employment information.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary school programs.
``Sec. 132. Distribution of funds for postsecondary vocational and
technical education programs.
``Sec. 133. Special rules for vocational and technical education.
``Sec. 134. Local plan for vocational and technical education
programs.
``Sec. 135. Local uses of funds.
``TITLE II--TECH-PREP EDUCATION
``Sec. 201. Short title.
``Sec. 202. Definitions.
``Sec. 203. State allotment and application.
``Sec. 204. Tech-prep education.
``Sec. 205. Consortium applications.
``Sec. 206. Report.
``Sec. 207. Demonstration program.
``Sec. 208. Authorization of appropriations.
``TITLE III--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Authorization of Secretary.
``Sec. 318. Participation of private school personnel.
``Part B--State Administrative Provisions
``Sec. 321. Joint funding.
``Sec. 322. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 323. State administrative costs.
``Sec. 324. Limitation on Federal regulations.
``Sec. 325. Student assistance and other Federal programs.
``SEC. 2. PURPOSE.
``The purpose of this Act is to develop more fully the
academic, vocational, and technical skills of secondary
students and postsecondary students who elect to enroll in
vocational and technical education programs, by--
``(1) building on the efforts of States and
localities to develop challenging academic standards;
``(2) promoting the development of services and
activities that integrate academic, vocational, and
technical instruction, and that link secondary and
postsecondary education for participating vocational
and technical education students;
``(3) increasing State and local flexibility in
providing services and activities designed to develop,
implement, and improve vocational and technical
education, including tech-prep education; and
``(4) disseminating national research, and
providing professional development and technical
assistance, that will improve vocational and technical
education programs, services, and activities.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Administration.--The term `administration',
when used with respect to an eligible agency or
eligible recipient, means activities necessary for the
proper and efficient performance of the eligible agency
or eligible recipient's duties under this Act,
including supervision, but does not include curriculum
development activities, personnel development, or
research activities.
``(2) All aspects of an industry.--The term `all
aspects of an industry' means strong experience in, and
comprehensive understanding of, the industry that the
individual is preparing to enter.
``(3) Area vocational and technical education
school.--The term `area vocational and technical
education school' means--
``(A) a specialized public secondary school
used exclusively or principally for the
provision of vocational and technical education
to individuals who are available for study in
preparation for entering the labor market;
``(B) the department of a public secondary
school exclusively or principally used for
providing vocational and technical education in
not fewer than 5 different occupational fields
to individuals who are available for study in
preparation for entering the labor market;
``(C) a public or nonprofit technical
institution or vocational and technical
education school used exclusively or
principally for the provision of vocational and
technical education to individuals who have
completed or left secondary school and who are
available for study in preparation for entering
the labor market, if the institution or school
admits as regular students both individuals who
have completed secondary school and individuals
who have left secondary school; or
``(D) the department or division of an
institution of higher education, that operates
under the policies of the eligible agency and
that provides vocational and technical
education in not fewer than five different
occupational fields leading to immediate
employment but not necessarily leading to a
baccalaureate degree, if the department or
division admits as regular students both
individuals who have completed secondary school
and individuals who have left secondary school.
``(4) Career guidance and academic counseling.--The
term `career guidance and academic counseling' means
providing access to information regarding career
awareness and planning with respect to an individual's
occupational and academic future that shall involve
guidance and counseling with respect to career options,
financial aid, and postsecondary options.
``(5) Charter school.--The term `charter school'
has the meaning given the term in section10306 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8066).
``(6) Cooperative education.--The term `cooperative
education' means a method of instruction of education
for individuals who, through written cooperative
arrangements between a school and employers, receive
instruction, including required academic courses and
related vocational and technical education instruction,
by alternation of study in school with a job in any
occupational field, which alternation shall be planned
and supervised by the school and employer so that each
contributes to the education and employability of the
individual, and may include an arrangement in which
work periods and school attendance may be on alternate
half days, full days, weeks, or other periods of time
in fulfilling the cooperative program.
``(7) Displaced homemaker.--The term `displaced
homemaker' means an individual who--
``(A)(i) has worked primarily without
remuneration to care for a home and family, and
for that reason has diminished marketable
skills;
``(ii) has been dependent on the income of
another family member but is no longer
supported by that income; or
``(iii) 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 this
title; and
``(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or
upgrading employment.
``(8) Educational service agency.--The term
`educational service agency' has the meaning given the
term in section 14101 of the Elementary and Secondary
Education Act of 1965.
``(9) Eligible agency.--The term `eligible agency'
means a State board designated or created consistent
with State law as the sole State agency responsible for
the administration of vocational and technical
education or for supervision of the administration of
vocational and technical education in the State.
``(10) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education;
``(B) a local educational agency providing
education at the postsecondary level;
``(C) an area vocational and technical
education school providing education at the
postsecondary level;
``(D) a postsecondary educational
institution controlled by the Bureau of Indian
Affairs 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 Act or the Act of April 16,
1934 (48 Stat. 596; 25 U.S.C. 452 et seq.);
``(E) an educational service agency; or
``(F) a consortium of 2 or more of the
entities described in subparagraphs (A) through
(E).
``(11) Eligible recipient.--The term `eligible
recipient' means--
``(A) a local educational agency, an area
vocational and technical education school, an
educational service agency, or a consortium,
eligible to receive assistance under section
131; or
``(B) an eligible institution or consortium
of eligible institutions eligible to receive
assistance under section 132.
``(12) Governor.--The term `Governor' means the
chief executive officer of a State or an outlying area.
``(13) Individual with limited english
proficiency.--The term `individual with limited English
proficiency' means a secondary school student, an
adult, or an out-of-school youth, who has limited
ability in speaking, reading, writing, or understanding
the English language, and--
``(A) whose native language is a language
other than English; or
``(B) who lives in a family or community
environment in which a language other than
English is the dominant language.
``(14) Individual with a disability.--
``(A) In general.--The term `individual
with a disability' means an individual with any
disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
``(B) Individuals with disabilities.--The
term `individuals with disabilities' means more
than 1 individual with a disability.
``(15) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101 of the Higher Education Act of
1965.
``(16) Local educational agency.--The term `local
educational agency' has the meaning given the term in
section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
``(17) Nontraditional training and employment.--The
term `nontraditional training and employment' means
occupations or fields of work, including careers in
computer science, technology, and other emerging high
skill occupations, for which individuals from one
gender comprise less than 25 percent of the individuals
employed in each such occupation or field of work.
``(18) Outlying area.--The term `outlying area'
means the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
``(19) Postsecondary educational institution.--The
term `postsecondary educational institution' means--
``(A) an institution of higher education
that provides not less than a 2-year program of
instruction that is acceptable for credit
toward a bachelor's degree;
``(B) a tribally controlled college or
university; or
``(C) a nonprofit educational institution
offering certificate or apprenticeship programs
at the postsecondary level.
``(20) School dropout.--The term `school dropout'
means an individual who is no longer attending any
school and who has not received a secondary school
diploma or its recognized equivalent.
``(21) Secondary school.--The term `secondary
school' has the meaning given the term in section 14101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801).
``(22) Secretary.--The term `Secretary' means the
Secretary of Education.
``(23) Special populations.--The term `special
populations' means--
``(A) individuals with disabilities;
``(B) individuals from economically
disadvantaged families, including foster
children;
``(C) individuals preparing for
nontraditional training and employment;
``(D) single parents, including single
pregnant women;
``(E) displaced homemakers; and
``(F) individuals with other barriers to
educational achievement, including individuals
with limited English proficiency.
``(24) State.--The term `State', unless otherwise
specified, means each of the several States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and each outlying area.
``(25) Support services.--The term `support
services' means services related to curriculum
modification, equipment modification, classroom
modification, supportive personnel, and instructional
aids and devices.
``(26) Tech-prep program.--The term `tech-prep
program' means a program of study that--
``(A) combines at least 2 years of
secondary education (as determined under State
law) and 2 years of postsecondary education in
a nonduplicative sequential course of study;
``(B) strengthens the applied academic
component of vocational and technical education
through the integration of academic, and
vocational and technical, instruction;
``(C) provides technical preparation in an
area such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, a health occupation,
business, or applied economics;
``(D) builds student competence in
mathematics, science, and communications
(including through applied academics) in a
coherent sequence of courses; and
``(E) leads to an associate degree or a
certificate in a specific career field, and to
high skill, high wage employment, or further
education.
``(27) Tribally controlled college or university.--
The term `tribally controlled college or university'
has the meaning given such term in section 2 of the
Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801(a)(4)).
``(28) Tribally controlled postsecondary vocational
and technical institution.--The term `tribally
controlled postsecondary vocational and technical
institution' means an institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965, except that paragraph (2) of such section
shall not be applicable and the reference to Secretary
in paragraph (5)(A) of such section shall be deemed to
refer to the Secretary of the Interior) that--
``(A) is formally controlled, or has been
formally sanctioned or chartered, by the
governing body of an Indian tribe or Indian
tribes;
``(B) offers a technical degree or
certificate granting program;
``(C) is governed by a board of directors
or trustees, a majority of whom are Indians;
``(D) demonstrates adherence to stated
goals, a philosophy, or a plan of operation,
that fosters individual Indian economic and
self-sufficiency opportunity, including
programs that are appropriate to stated tribal
goals of developing individual
entrepreneurships and self-sustaining economic
infrastructures on reservations;
``(E) has been in operation for at least 3
years;
``(F) holds accreditation with or is a
candidate for accreditation by a nationally
recognized accrediting authority for
postsecondary vocational and technical
education; and
``(G) enrolls the full-time equivalent of
not less than 100 students, of whom a majority
are Indians.
(29) Vocational and technical education.--The term
`vocational and technical education' means organized
educational activities that--
``(A) offer a sequence of courses that
provides individuals with the academic and
technical knowledge and skills the individuals
need to prepare for further education and for
careers (other than careers requiring a
baccalaureate, master's, or doctoral degree) in
current or emerging employment sectors; and
``(B) include competency-based applied
learning that contributes to the academic
knowledge, higher-order reasoning and problem-
solving skills, work attitudes, general
employability skills, technical skills, and
occupation-specific skills, of an individual.
``(30) Vocational and technical student
organization.--
``(A) In general.--The term `vocational and
technical student organization' means an
organization for individuals enrolled in a
vocational and technical education program that
engages in vocational and technical activities
as an integral part of the instructional
program.
``(B) State and national units.--An
organization described in subparagraph (A) may
have State and national units that aggregate
the work and purposes of instruction in
vocational and technical education at the local
level.
``SEC. 4. TRANSITION PROVISIONS.
``The Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this Act from any authority
under provisions of the Carl D. Perkins Vocational and Applied
Technology Education Act, as such Act was in effect on the day
before the date of enactment of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1998.
``SEC. 5. PRIVACY.
``(a) GEPA.--Nothing in this Act shall be construed to
supersede the privacy protections afforded parents and students
under section 444 of the General Education Provisions Act (20
U.S.C. 1232g), as added by the Family Educational Rights and
Privacy Act of 1974 (section 513 of Public Law 93-380; 88 Stat.
571).
``(b) Prohibition on Development of National Database.--
Nothing in this Act shall be construed to permit the
development of a national database of personally identifiable
information on individuals receiving services under this Act.
``SEC. 6. LIMITATION.
``All of the funds made available under this Act shall be
used in accordance with the requirements of this Act. None of
the funds made available under this Act may be used to provide
funding under the School-to-Work Opportunities Act of 1994 (20
U.S.C. 6101 et seq.) or to carry out, through programs funded
under this Act, activities that were funded under the School-
To-Work Opportunities Act of 1994, unless the programs funded
under this Act serve only those participants eligible to
participate in the programs under this Act.
``SEC. 7. SPECIAL RULE.
``In the case of a local community in which no employees
are represented by a labor organization, for purposes of this
Act the term `representatives of employees' shall be
substituted for `labor organization'.
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
Act (other than sections 114, 117, and 118, and title II) such
sums as may be necessary for each of the fiscal years 1999
through 2003.
``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--ALLOTMENT AND ALLOCATION
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the sum appropriated
under section 8 for each fiscal year, the Secretary
shall reserve--
``(A) 0.2 percent to carry out section 115;
``(B) 1.50 percent to carry out section
116, of which--
``(i) 1.25 percent of the sum shall
be available to carry out section
116(b); and
``(ii) 0.25 percent of the sum
shall be available to carry out section
116(h); and
``(C) in the case of each of the fiscal
years 2000 through 2003, 0.54 percent to carry
out section 503 of Public Law 105-220.
``(2) State allotment formula.--Subject to
paragraphs (3) and (4), from the remainder of the sums
appropriated under section 8 and not reserved under
paragraph (1) 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 sums 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 sums being allotted as the
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 sums 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 sums 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.
``(3) Minimum allotment.--
``(A) In general.--Notwithstanding any
other provision of law and subject to
subparagraphs (B) and (C), and paragraph (4),
no State shall receive for a fiscal year under
this subsection less than \1/2\ of 1 percent of
the amount appropriated under section 8 and not
reserved under paragraph (1) for such fiscal
year. Amounts necessary for increasing such
payments to States to comply with the preceding
sentence shall be obtained by ratably reducing
the amounts to be paid to other States.
``(B) Requirement.--No State, by reason of
the application of subparagraph (A), shall
receive for a fiscal year more than 150 percent
of the amount the State received under this
subsection for the preceding fiscal year (or in
the case of fiscal year 1999 only, under
section 101 of the Carl D. Perkins Vocational
and Applied Technology Education Act, as such
section was in effect on the day before the
date of enactment of the Carl D. Perkins
Vocational and Applied Technology Education
Amendments of 1998).
``(C) Special rule.--
``(i) In general.--Subject to
paragraph (4), no State, by reason of
the application of subparagraph (A),
shall be allotted for a fiscal year
more than the lesser of--
``(I) 150 percent of the
amount that the State received
in the preceding fiscal year
(or in the case of fiscal year
1999 only, under section 101 of
the Carl D. Perkins Vocational
andApplied Technology Education
Act, as such section was in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and Applied Technology
Education Amendments of 1998); and
``(II) the amount
calculated under clause (ii).
``(ii) Amount.--The amount
calculated under this clause shall be
determined by multiplying--
``(I) the number of
individuals in the State
counted under paragraph (2) in
the preceding fiscal year; by
``(II) 150 percent of the
national average per pupil
payment made with funds
available under this section
for that year (or in the case
of fiscal year 1999, only,
under section 101 of the Carl
D. Perkins Vocational and
Applied Technology Education
Act, as such section was in
effect on the day before the
date of enactment of the Carl
D. Perkins Vocational and
Applied Technology Education
Amendments of 1998).
``(4) Hold harmless.--
``(A) In general.--No State shall receive
an allotment under this section for a fiscal
year that is less than the allotment the State
received under part A of title I of the Carl D.
Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2311 et seq.) (as such
part was in effect on the day before the date
of enactment of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of
1998) for fiscal year 1998.
``(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.
``(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. 112. WITHIN STATE ALLOCATION.
``(a) In General.--From the amount allotted to each State
under section 111 for a fiscal year, the State board
(hereinafter referred to as the `eligible agency') shall make
available--
``(1) not less than 85 percent for distribution
under section 131 or 132, of which not more than 10
percent of the 85 percent may be used in accordance
with subsection (c);
``(2) not more than 10 percent to carry out State
leadership activities described in section 124, of
which--
``(A) an amount equal to not more than 1
percent of the amount allotted to the State
under section 111 for the fiscal year shall be
available to serve individuals in State
institutions, such as State correctional
institutions and institutions that serve
individuals with disabilities; and
``(B) not less than $60,000 and not more
than $150,000 shall be available for services
that prepare individuals for nontraditional
training and employment; and
``(3) an amount equal to not more than 5 percent,
or $250,000, whichever is greater, for administration
of the State plan, which may be used for the costs of--
``(A) developing the State plan;
``(B) reviewing the local plans;
``(C) monitoring and evaluating program
effectiveness;
``(D) assuring compliance with all
applicable Federal laws; and
``(E) providing technical assistance.
``(b) Matching Requirement.--Each eligible agency receiving
funds made available under subsection (a)(3) shall match, from
non-Federal sources and on a dollar-for-dollar basis, the funds
received under subsection (a)(3).
``(c) Reserve.--
``(1) In general.--From amounts made available
under subsection (a)(1) to carry out this subsection,
an eligible agency may award grants to eligible
recipients for vocational and technical education
activities described in section 135 in--
``(A) rural areas;
``(B) areas with high percentages of
vocational and technical education students;
and
``(C) areas with high numbers of vocational
and technical students; and
``(D) communities negatively impacted by
changes resulting from the amendments made by
the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998 to the
within State allocation under section 231 of
the Carl D. Perkins Vocational and Applied
Technology Education Act (as such section 231
was in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and
Applied Technology Education Amendments of
1998).
``(2) Special rule.--Each eligible agency awarding
a grant under this subsection shall use the grant funds
to serve at least 2 of the categories described in
subparagraphs (A) through (D) of paragraph (1).
``SEC. 113. ACCOUNTABILITY.
``(a) Purpose.--The purpose of this section is to establish
a State performance accountability system, comprised of the
activities described in this section, to assess the
effectiveness of the State in achieving statewide progress in
vocational and technical education, and to optimize the return
of investment of Federal funds in vocational and technical
education activities.
``(b) State Performance Measures.--
``(1) In general.--Each eligible agency, with input
from eligible recipients, shall establish performance
measures for a State that consist of--
``(A) the core indicators of performance
described in paragraph (2)(A);
``(B) any additional indicators of
performance (if any) identified by the eligible
agency under paragraph (2)(B); and
``(C) a State adjusted level of performance
described in paragraph (3)(A) for each core
indicator of performance, and State levels of
performance described in paragraph (3)(B) for
each additional indicator of performance.
``(2) Indicators of performance.--
``(A) Core indicators of performance.--Each
eligible agency shall identify in the State
plan core indicators of performance that
include, at a minimum, measures of each of the
following:
``(i) Student attainment of
challenging State established academic,
and vocational and technical, skill
proficiencies.
``(ii) Student attainment of a
secondary school diploma or its
recognized equivalent, a proficiency
credential in conjunction with a
secondary school diploma, or a
postsecondary degree or credential.
``(iii) Placement in, retention in,
and completion of, postsecondary
education or advanced training,
placement in military service, or
placement or retention in employment.
``(iv) Student participation in and
completion of vocational and technical
education programs that lead to
nontraditional training and employment.
``(B) Additional indicators of
performance.--An eligible agency, with input
from eligible recipients, may identify in the
State plan additional indicators of performance
for vocational and technical education
activities authorized under the title.
``(C) Existing indicators.--If a State
previously has developed State performance
measures that meet the requirements of this
section, the State may use such performance
measures to measure the progress of vocational
and technical education students.
``(D) State role.--Indicators of
performance described in this paragraph shall
be established solely by each eligible agency
with input from eligible recipients.
``(3) Levels of performance.--
``(A) State adjusted levels of performance
for core indicators of performance.--
``(i) In general.--Each eligible
agency, with input from eligible
recipients, shall establish in the
State plan submitted under section 122,
levels of performance for each of the
core indicators of performance
described in paragraph (2)(A) for
vocational and technical education
activities authorized under this title.
The levels of performance established
under this subparagraph shall, at a
minimum--
``(I) be expressed in a
percentage or numerical form,
so as to be objective,
quantifiable, and measurable;
and
``(II) require the State to
continually make progress
toward improving the
performance of vocational and
technical education students.
``(ii) Identification in the state
plan.--Each eligible agency shall
identify, in the State plan submitted
under section 122, levels of
performance for each of the core
indicators of performance for the first
2 program years covered by the State
plan.
``(iii) Agreement on state adjusted
levels of performance for first 2
years.--The Secretary and each eligible
agency shall reach agreement on the
levels of performance for each of the
core indicators of performance, for the
first 2 program years covered by the
State plan, taking into account the
levels identified in the State plan
under clause (ii) and the factors
described in clause (vi). The levels of
performance agreed to under this clause
shall be considered to be the State
adjusted level of performance for the
State for such years and shall be
incorporated into the State plan prior
to the approval of such plan.
``(iv) Role of the secretary.--The
role of the Secretary in the agreement
described in clauses (iii) and (v) is
limited to reaching agreement on the
percentage or number of students who
attain the State adjusted levels of
performance.
``(v) Agreement on state adjusted
levels of performance for 3rd, 4th and
5th years.--Prior to the third program
year covered by the State plan, the
Secretary and each eligible agency
shall reach agreement on the State
adjusted levels of performance for each
of the core indicators of performance
for the third, fourth and fifth program
years covered by the State plan, taking
into account the factors described in
clause (vi). The State adjusted levels
of performance agreed to under this
clause shall be considered to be the
State adjusted levels of performance
for the State for such years and shall
be incorporated into the State plan.
``(vi) Factors.--The agreement
described in clause (iii) or (v) shall
take into account--
``(I) how the levels of
performance involved compare
with the State adjusted levels
of performance established for
other States taking into
account factors including the
characteristics of participants
when the participants entered
the program and the services or
instruction to be provided; and
``(II) the extent to which
such levels of performance
promote continuous improvement
on the indicators of
performance by such State.
``(vii) Revisions.--If
unanticipated circumstances arise in a
State resulting in a significant change
in the factors described in clause
(vi)(II), the eligible agency may
request that the State adjusted levels
of performance agreed to under clause
(iii) or (vi) be revised. The Secretary
shall issue objective criteria and
methods for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible agency shall
identify in the State plan, State levels of
performance for each of the additional
indicators of performance described in
paragraph (2)(B). Such levels shall be
considered to be theState levels of performance
for purposes of this title.
``(c) Report.--
``(1) In general.--Each eligible agency that
receives an allotment under section 111 shall annually
prepare and submit to the Secretary a report
regarding--
``(A) the progress of the State in
achieving the State adjusted levels of
performance on the core indicators of
performance; and
``(B) information on the levels of
performance achieved by the State with respect
to the additional indicators of performance,
including the levels of performance for special
populations.
``(2) Special populations.--The report submitted by
the eligible agency in accordance with paragraph (1)
shall include a quantifiable description of the
progress special populations participating in
vocational and technical education programs have made
in meeting the State adjusted levels of performance
established by the eligible agency.
``(3) Information dissemination.--The Secretary--
``(A) shall make the information contained
in such reports available to the general
public;
``(B) shall disseminate State-by-State
comparisons of the information; and
``(C) shall provide the appropriate
committees of Congress copies of such reports.
``SEC. 114. NATIONAL ACTIVITIES.
``(a) Program Performance Information.--
``(1) In general.--The Secretary shall collect
performance information about, and report on, the
condition of vocational and technical education and on
the effectiveness of State and local programs,
services, and activities carried out under this title
in order to provide the Secretary and Congress, as well
as Federal, State, local, and tribal agencies, with
information relevant to improvement in the quality and
effectiveness of vocational and technical education.
The Secretary annually shall report to Congress on the
Secretary's aggregate analysis of performance
information collected each year pursuant to this title,
including an analysis of performance data regarding
special populations.
``(2) Compatibility.--The Secretary shall, to the
extent feasible, ensure that the performance
information system is compatible with other Federal
information systems.
``(3) Assessments.--As a regular part of its
assessments, the National Center for Education
Statistics shall collect and report information on
vocational and technical education for a nationally
representative sample of students. Such assessment may
include international comparisons.
``(b) Miscellaneous Provisions.--
``(1) Collection of information at 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, the Office of Vocational and
Adult Education, and an entity assisted under section
118 shall determine the methodology to be used and the
frequency with which information is to be collected.
``(2) Cooperation of states.--All eligible agencies
receiving assistance under this Act shall cooperate
with the Secretary in implementing the information
systems developed pursuant to this Act.
``(c) Research, Development, Dissemination, Evaluation and
Assessment.--
``(1) Single plan.--
``(A) In general.--The Secretary may,
directly or through grants, contracts, or
cooperative agreements, carry out research,
development, dissemination, evaluation and
assessment, capacity building, and technical
assistance with regard to the vocational and
technical education programs under this Act.
The Secretary shall develop a single plan for
such activities.
``(B) Plan.--Such plan shall--
``(i) identify the vocational and
technical education activities
described in subparagraph (A) the
Secretary will carry out under this
section;
``(ii) describe how the Secretary
will evaluate such vocational and
technical education activities in
accordance with paragraph (3); and
``(iii) include such other
information as the Secretary determines
to be appropriate.
``(2) Independent advisory panel.--The Secretary
shall appoint an independent advisory panel, consisting
of vocational and technical education administrators,
educators, researchers, and representatives of labor
organizations, businesses, parents, guidance and
counseling professionals, and other relevant groups, to
advise the Secretary on the implementation of the
assessment described in paragraph (3), including the
issues to be addressed, the methodology of the studies
involved, and the findings and recommendations
resulting from the assessment. The panel shall submit
to the Committee on Education and the Workforce of the
House of Representatives, the Committee on Labor and
Human Resources of the Senate, and the Secretary an
independent analysis of the findings and
recommendations resulting from the assessment described
in paragraph (3). The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the panel established
under this subsection.
``(3) Evaluation and assessment.--
``(A) In general.--From amounts made
available under paragraph (8), the Secretary
shall provide for the conduct of an independent
evaluation and assessment of vocational and
technical education programs under this Act
through studies and analyses conducted
independently through grants, contracts, and
cooperative agreements that are awarded on a
competitive basis.
``(B) Contents.--The assessment required
under paragraph (1) shall include descriptions
and evaluations of--
``(i) the extent to which State,
local, and tribal entities have
developed, implemented, or improved
State and local vocational and
technical education programs and the
effect of programs assisted under this
Act on that development,
implementation, or improvement,
including the capacity of State,
tribal, and local vocational and
technical education systems to achieve
the purpose of this Act;
``(ii) the extent to which
expenditures at the Federal, State,
tribal, and local levels address
program improvement in vocational and
technical education, including the
impact of Federal allocation
requirements (such as within-State
allocation formulas) on the delivery of
services;
``(iii) the preparation and
qualifications of teachers of
vocational and technical, and academic,
curricula in vocationaland technical
education programs, as well as shortages of such teachers;
``(iv) participation of students in
vocational and technical education
programs;
``(v) academic and employment
outcomes of vocational and technical
education, including analyses of--
``(I) the number of
vocational and technical
education students and tech-
prep students who meet State
adjusted levels of performance;
``(II) the extent and
success of integration of
academic, and vocational and
technical, education for
students participating in
vocational and technical
education programs; and
``(III) the extent to which
vocational and technical
education programs prepare
students for subsequent
employment in high-wage, high-
skill careers or participation
in postsecondary education;
``(vi) employer involvement in, and
satisfaction with, vocational and
technical education programs;
``(vii) the use and impact of
educational technology and distance
learning with respect to vocational and
technical education and tech-prep
programs; and
``(viii) the effect of State
adjusted levels of performance and
State levels of performance on the
delivery of vocational and technical
education services.
``(C) Reports.--
``(i) In general.--The Secretary
shall submit to the Committee on
Education and the Workforce of the
House of Representatives and the
Committee on Labor and Human Resources
of the Senate--
``(I) an interim report
regarding the assessment on or
before January 1, 2002; and
``(II) a final report,
summarizing all studies and
analyses that relate to the
assessment and that are
completed after the assessment,
on or before July 1, 2002.
``(ii) Prohibition.--
Notwithstanding any other provision of
law, the reports required by this
subsection shall not be subject to any
review outside the Department of
Education before their transmittal to
the Committee on Education and the
Workforce of the House of
Representatives, the Committee on Labor
and Human Resources of the Senate, and
the Secretary, but the President, the
Secretary, and the independent advisory
panel established under paragraph (2)
may make such additional
recommendations to Congress with
respect to the assessment as the
President, the Secretary, or the panel
determine to be appropriate.
``(4) Collection of state information and report.--
``(A) In general.--The Secretary may
collect and disseminate information from States
regarding State efforts to meet State adjusted
levels of performance described in section 113.
``(B) Report.--The Secretary shall gather
any information collected pursuant to
subparagraph (A) and submit a report to the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Labor and Human Resources of the Senate.
``(5) Research.--
``(A) In general.--The Secretary, after
consulting with the States, shall award grants,
contracts, or cooperative agreements on a
competitive basis to an institution of higher
education, a public or private nonprofit
organization or agency, or a consortium of such
institutions, organizations, or agencies to
establish a national research center or
centers--
``(i) to carry out research for the
purpose of developing, improving, and
identifying the most successful methods
for successfully addressing the
education, employment, and training
needs of participants in vocational and
technical education programs, including
research and evaluation in such
activities as--
``(I) the integration of
vocational and technical
instruction, and academic,
secondary and postsecondary
instruction;
``(II) education technology
and distance learning
approaches and strategies that
are effective with respect to
vocational and technical
education;
``(III) State adjusted
levels of performance and State
levels of performance that
serve to improve vocational and
technical education programs
and student achievement; and
``(IV) academic knowledge
and vocational and technical
skills required for employment
or participation in
postsecondary education;
``(ii) to carry out research to
increase the effectiveness and improve
the implementation of vocational and
technical education programs, including
conducting research and development,
and studies, providing longitudinal
information or formative evaluation
with respect to vocational and
technical education programs and
student achievement;
``(iii) to carry out research that
can be used to improve teacher training
and learning in the vocational and
technical education classroom,
including--
``(I) effective inservice
and preservice teacher
education that assists
vocational and technical
education systems; and
``(II) dissemination and
training activities related to
the applied research and
demonstration activities
described in this subsection,
which may also include serving
as a repository for information
on vocational and technical
skills, State academic
standards, and related
materials; and
``(iv) to carry out such other
research as the Secretary determines
appropriate to assist State and local
recipients of funds under this Act.
``(B) Report.--The center or centers
conducting the activities described in
subparagraph (A) shall annually prepare a
report of key research findings of such center
or centers and shall submit copies of the
report to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, the Committee on Labor and
Human Resources of the Senate, the Library of
Congress, and each eligible agency.
``(C) Dissemination.--The center or centers
shall conduct dissemination and training
activities based upon the research described in
subparagraph (A).
``(6) Demonstrations and dissemination.--
``(A) Demonstration program.--The Secretary
is authorized to carry out demonstration
vocational and technical education programs, to
replicate model vocational and technical
education programs, to disseminate best
practices information, and to provide technical
assistance upon request of a State, for the
purposes of developing, improving, and
identifying the most successful methods and
techniques for providing vocational and
technical education programs assisted under
this Act.
``(B) Demonstration partnership.--
``(i) In general.--The Secretary
shall carry out a demonstration
partnership project involving a 4-year,
accredited postsecondary institution,
in cooperation with local public
education organizations, volunteer
groups, and private sector business
participants to provide program
support, and facilities for education,
training, tutoring, counseling,
employment preparation, specific skills
training in emerging and established
professions, and for retraining of
military medical personnel, individuals
displaced by corporate or military
restructuring, migrant workers, as well
as other individuals who otherwise do
not have access to such services,
through multisite, multistate distance
learning technologies.
``(ii) Program.--Such program may
be carried out directly or through
grants, contracts, cooperative
agreements, or through the national
center or centers established under
paragraph (5).
``(7) Definition.--In this section, the term
`institution of higher education' has the meaning given
the term in section 101 of the Higher Education Act of
1965.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal year 1999 and
each of the 4 succeeding fiscal years.
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying Areas.--From funds reserved pursuant to
section 111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $500,000 to
Guam; and
``(2) make a grant in the amount of $190,000 to
each of American Samoa and the Commonwealth of the
Northern Mariana Islands.
``(b) Remainder.--Subject to the provisions of subsection
(a), the Secretary shall make a grant of the remainder of funds
reserved pursuant to section 111(a)(1)(A) to the Pacific Region
Educational Laboratory in Honolulu, Hawaii, to make grants for
vocational and technical education and training in Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau, for the
purpose of providing direct vocational and technical
educational services, including--
``(1) teacher and counselor training and
retraining;
``(2) curriculum development; and
``(3) the improvement of vocational and technical
education and training programs in secondary schools
and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education.
``(c) Limitation.--The Pacific Region Educational
Laboratory may use not more than 5 percent of the funds
received under subsection (b) for administrative costs.
``(d) Restriction.--Notwithstanding any other provision of
law, the Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau shall not receive any
funds under this title for any fiscal year that begins after
September 30, 2001.
``SEC. 116. NATIVE AMERICAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native'
means a Native as such term is defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b)).
``(2) Bureau funded school.--The term `Bureau
funded school' has the meaning given the term in
section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026).
``(3) Indian, indian tribe, and tribal
organization.--The terms `Indian', `Indian tribe', and
`tribal organization' have the meanings given the terms
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(4) Native hawaiian.--The term `Native Hawaiian'
means any individual any of whose ancestors were
natives, prior to 1778, of the area which now comprises
the State of Hawaii.
``(5) Native hawaiian organization.--The term
`Native Hawaiian organization' has the meaning given
the term in section 9212 of the Native Hawaiian
Education Act (20 U.S.C. 7912).
``(b) Program Authorized.--
``(1) Authority.--From funds reserved under section
111(a)(1)(B)(i), the Secretary shall make grants to and
enter into contracts with Indian tribes, tribal
organizations, and Alaska Native entities to carry out
the authorized programs described in subsection (d),
except that such grants or contracts shall not be
awarded to secondary school programs in Bureau funded
schools.
``(2) Indian tribes and tribal organizations.--The
grants or contracts described in this section (other
than in subsection (i)) that are awarded to any Indian
tribe or tribal organization shall be subject to the
terms and conditions of section 102 of the Indian Self-
Determination Act (25 U.S.C. 450f) and shall be
conducted in accordance with the provisions of sections
4, 5, and 6 of the Act of April 16, 1934, which are
relevant to the programs administered under this
subsection.
``(3) Special authority relating to secondary
schools operated or supported by the bureau of indian
affairs.--An Indian tribe, a tribal organization, or an
Alaska Native entity, that receives funds through a
grant made or contract entered into under paragraph (1)
may use the funds to provide assistance to a secondary
school operated or supported by the Bureau of Indian
Affairs to enable such school to carry out vocational
and technical education programs.
``(4) Matching.--If sufficient funding is
available, the Bureau of Indian Affairs shall expend an
amount equal to the amount made available under this
subsection, relating to programs for Indians, to pay a
part of the costs of programs funded under this
subsection. During each fiscal year the Bureau of
Indian Affairs shall expend not less than the amount
expended during the prior fiscal year on vocational and
technical education programs, services, and technical
activities administered either directly by, or under
contract with, the Bureau of Indian Affairs, except
that in no year shall funding for such programs,
services, and activities be provided from accounts and
programs that support other Indian education programs.
The Secretary and the Assistant Secretary of the
Interior for Indian Affairs shall prepare jointly a
plan for the expenditure of funds made available and
for the evaluation of programs assisted under this
subsection. Upon the completion of a joint plan for the
expenditure of the funds and the evaluation of the
programs, the Secretary shall assume responsibility for
the administration of the program, with the assistance
and consultation of the Bureau of Indian Affairs.
``(5) Regulations.--If the Secretary promulgates
any regulations applicable to subsection (b)(2), the
Secretary shall--
``(A) confer with, and allow for active
participation by, representatives of Indian
tribes, tribal organizations, and individual
tribal members; and
``(B) promulgate the regulations under
subchapter III of chapter 5 of title 5,
UnitedStates Code, commonly known as the ``Negotiated Rulemaking Act of
1990''.
``(6) Application.--Any Indian tribe, tribal
organization, or Bureau funded school eligible to
receive assistance under subsection (b) may apply
individually or as part of a consortium with another
such Indian tribe, tribal organization, or Bureau
funded school.
``(c) Authorized Activities.--
``(1) Authorized programs.--Funds made available
under this section shall be used to carry out
vocational and technical education programs consistent
with the purpose of this Act.
``(2) Stipends.--
``(A) In general.--Funds received pursuant
to grants or contracts awarded under subsection
(b) may be used to provide stipends to students
who are enrolled in vocational and technical
education programs and who have acute economic
needs which cannot be met through work-study
programs.
``(B) Amount.--Stipends described in
subparagraph (A) shall not exceed reasonable
amounts as prescribed by the Secretary.
``(d) Grant or Contract Application.--In order to receive a
grant or contract under this section an organization, tribe, or
entity described in subsection (b) shall submit an application
to the Secretary that shall include an assurance that such
organization, tribe, or entity shall comply with the
requirements of this section.
``(e) Restrictions and Special Considerations.--The
Secretary may not place upon grants awarded or contracts
entered into under subsection (b) any restrictions relating to
programs other than restrictions that apply to grants made to
or contracts entered into with States pursuant to allotments
under section 111(a). The Secretary, in awarding grants and
entering into contracts under this paragraph, shall ensure that
the grants and contracts will improve vocational and technical
education programs, and shall give special consideration to--
``(1) programs that involve, coordinate with, or
encourage tribal economic development plans; and
``(2) applications from tribally controlled
colleges or universities that--
``(A) are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization as an institution of
postsecondary vocational and technical
education; or
``(B) operate vocational and technical
education programs that are accredited or are
candidates for accreditation by a nationally
recognized accreditation organization and issue
certificates for completion of vocational and
technical education programs.
``(f) Consolidation of Funds.--Each organization, tribe, or
entity receiving assistance under this section may consolidate
such assistance with assistance received from related programs
in accordance with the provisions of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25
U.S.C 3401 et seq.).
``(g) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
``(1) to limit the eligibility of any organization,
tribe, or entity described in subsection (b) to
participate in any activity offered by an eligible
agency or eligible recipient under this title; or
``(2) to preclude or discourage any agreement,
between any organization, tribe, or entity described in
subsection (b) and any eligible agency or eligible
recipient, to facilitate the provision of services by
such eligible agency or eligible recipient to the
population served by such eligible agency or eligible
recipient.
``(h) Native Hawaiian Programs.--From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award
grants to or enter into contracts with organizations primarily
serving and representing Native Hawaiians which are recognized
by the Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this section for the
benefit of Native Hawaiians.
``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL
INSTITUTIONS.
``(a) Grants Authorized.--The Secretary shall, subject to
the availability of appropriations, make grants pursuant to
this section to tribally controlled postsecondary vocational
and technical institutions to provide basic support for the
education and training of Indian students.
``(b) Use of Grants.--Amounts made available pursuant to
this section shall be used for vocational and technical
education programs.
``(c) Amount of Grants.--
``(1) In general.--If the sums appropriated for any
fiscal year for grants under this section are not
sufficient to pay in full the total amount which
approved applicants are eligible to receive under this
section for such fiscal year, the Secretary shall first
allocate to each such applicant who received funds
under this part for the preceding fiscal year an amount
equal to 100 percent of the product of the per capita
payment for the preceding fiscal year and such
applicant's Indian student count for the current
program year, plus an amount equal to the actual cost
of any increase to the per capita figure resulting from
inflationary increases to necessary costs beyond the
institution's control.
``(2) Per capita determination.--For the purposes
of paragraph (1), the per capita payment for any fiscal
year shall be determined by dividing the amount
available for grants to tribally controlled
postsecondary vocational and technical institutions
under this section for such program year by the sum of
the Indian student counts of such institutions for such
program year. The Secretary shall, on the basis of the
most accurate data available from the institutions,
compute the Indian student count for any fiscal year
for which such count was not used for the purpose of
making allocations under this section.
``(d) Applications.--Any tribally controlled postsecondary
vocational and technical institution that desires to receive a
grant under this section shall submit an application to the
Secretary in such manner and form as the Secretary may require.
``(e) Expenses.--
``(1) In general.--The Secretary shall, subject to
the availability of appropriations, provide for each
program year to each tribally controlled postsecondary
vocational and technical institution having an
application approved by the Secretary, an amount
necessary to pay expenses associated with--
``(A) the maintenance and operation of the
program, including development costs, costs of
basic and special instruction (including
special programs for individuals with
disabilities and academic instruction),
materials, student costs, administrative
expenses, boarding costs, transportation,
student services, daycare and family support
programs for students and their families
(including contributions to the costs of
education for dependents), and student
stipends;
``(B) capital expenditures, including
operations and maintenance, and minor
improvements and repair, and physical plant
maintenance costs, for the conduct of programs
funded under this section; and
``(C) costs associated with repair, upkeep,
replacement, and upgrading of the instructional
equipment.
``(2) Accounting.--Each institution receiving a
grant under this section shall provide annually to the
Secretary an accurate and detailed accounting of the
institution's operating and maintenance expenses and
such other information concerning costs as the
Secretary may reasonably require.
``(f) Other Programs.--
``(1) In general.--Except as specifically provided
in this Act, eligibility for assistance under this
section shall not preclude any tribally controlled
postsecondary vocational and technical institution from
receiving Federal financial assistance under any
program authorized under the Higher Education Act of
1965, or any other applicable program for the benefit
of institutions of higher education or vocational and
technical education.
``(2) Prohibition on alteration of grant amount.--
The amount of any grant for which tribally controlled
postsecondary vocational and technical institutions are
eligible under this section shall not be altered
because of funds allocated to any such institution from
funds appropriated under the Act of November 2, 1921
(commonly known as the `Snyder Act') (42 Stat. 208,
chapter 115; 25 U.S.C. 13).
``(3) Prohibition on contract denial.--No tribally
controlled postsecondary vocational and technical
institution for which an Indian tribe has designated a
portion of the funds appropriated for the tribe from
funds appropriated under the Act of November 2, 1921,
may be denied a contract for such portion under the
Indian Self-Determination and Education Assistance Act
(except as provided in that Act), or denied appropriate
contract support to administer such portion of the
appropriated funds.
``(g) Needs Estimate and Report on Facilities and
Facilities Improvement.--
``(1) Needs estimate.--The Secretary shall, based
on the most accurate data available from the
institutions and Indian tribes whose Indian students
are served under this section, and in consideration of
employment needs, economic development needs,
population training needs, and facilities needs,
prepare an actual budget needs estimate for each
institution eligible under this section for each
subsequent program year, and submit such budget needs
estimate to Congress in such a timely manner as will
enable the appropriate committees of Congress
toconsider such needs data for purposes of the uninterrupted flow of
adequate appropriations to such institutions. Such data shall take into
account the purposes and requirements of part A of title IV of the
Social Security Act.
``(2) Study of training and housing needs.--
``(A) In general.--The Secretary shall
conduct a detailed study of the training,
housing, and immediate facilities needs of each
institution eligible under this section. The
study shall include an examination of--
``(i) training equipment needs;
``(ii) housing needs of families
whose heads of households are students
and whose dependents have no alternate
source of support while such heads of
households are students; and
``(iii) immediate facilities needs.
``(B) Report.--The Secretary shall report
to Congress not later than July 1, 2000, on the
results of the study required by subparagraph
(A).
``(C) Contents.--The report required by
subparagraph (B) shall include the number,
type, and cost of meeting the needs described
in subparagraph (A), and rank each institution
by relative need.
``(D) Priority.--In conducting the study
required by subparagraph (A), the Secretary
shall give priority to institutions that are
receiving assistance under this section.
``(3) Long-term study of facilities.--
``(A) In general.--The Secretary shall
provide for the conduct of a long-term study of
the facilities of each institution eligible for
assistance under this section.
``(B) Contents.--The study required by
subparagraph (A) shall include a 5-year
projection of training facilities, equipment,
and housing needs and shall consider such
factors as projected service population,
employment, and economic development
forecasting, based on the most current and
accurate data available from the institutions
and Indian tribes affected.
``(C) Submission.--The Secretary shall
submit to Congress a detailed report on the
results of such study not later than the end of
the 18-month period beginning on the date of
enactment of this Act.
``(h) Definitions.--In this section:
``(1) Indian.--The terms `Indian' and `Indian
tribe' have the meanings given the terms in section 2
of the Tribally Controlled College or University
Assistance Act of 1978.
``(2) Indian student count.--The term `Indian
student count' means a number equal to the total number
of Indian students enrolled in each tribally controlled
postsecondary vocational and technical institution,
determined as follows:
``(A) Registrations.--The registrations of
Indian students as in effect on October 1 of
each year.
``(B) Summer term.--Credits or clock hours
toward a certificate earned in classes offered
during a summer term shall be counted toward
the computation of the Indian student count in
the succeeding fall term.
``(C) Admission criteria.--Credits or clock
hours toward a certificate earned in classes
during a summer term shall be counted toward
the computation of the Indian student count if
the institution at which the student is in
attendance has established criteria for the
admission of such student on the basis of the
student's ability to benefit from the education
or training offered. The institution shall be
presumed to have established such criteria if
the admission procedures for such studies
include counseling or testing that measures the
student's aptitude to successfully complete the
course in which the student has enrolled. No
credit earned by such student for purposes of
obtaining a secondary school degree or its
recognized equivalent shall be counted toward
the computation of the Indian student count.
``(D) Determination of hours.--Indian
students earning credits in any continuing
education program of a tribally controlled
postsecondary vocational and technical
institution shall be included in determining
the sum of all credit or clock hours.
``(E) Continuing education.--Credits or
clock hours earned in a continuing education
program shall be converted to the basis that is
in accordance with the institution's system for
providing credit for participation in such
programs.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this
section$4,000,000 for fiscal year 1999 and each of the 4 succeeding
fiscal years.
``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
``(a) National Activities.--From funds appropriated under
subsection (f), the Secretary, in consultation with appropriate
Federal agencies, is authorized--
``(1) to provide assistance to an entity to enable
the entity--
``(A) to provide technical assistance to
State entities designated under subsection (b)
to enable the State entities to carry out the
activities described in subsection (b);
``(B) to disseminate information that
promotes the replication of high quality
practices described in subsection (b);
``(C) to develop and disseminate products
and services related to the activities
described in subsection (b); and
``(2) to award grants to States that designate
State entities in accordance with subsection (b) to
enable the State entities to carry out the State level
activities described in subsection (b).
``(b) State Level Activities.--In order for a State to
receive a grant under this section, the eligible agency and the
Governor of the State shall jointly designate an entity in the
State--
``(1) to provide support for a career guidance and
academic counseling program designed to promote
improved career and education decisionmaking by
individuals (especially in areas of career information
delivery and use);
``(2) to make available to students, parents,
teachers, administrators, and counselors, and to
improve accessibility with respect to, information and
planning resources that relate educational preparation
to career goals and expectations;
``(3) to equip teachers, administrators, and
counselors with the knowledge and skills needed to
assist students and parents with career exploration,
educational opportunities, and education financing.
``(4) to assist appropriate State entities in
tailoring career-related educational resources and
training for use by such entities;
``(5) to improve coordination and communication
among administrators and planners of programs
authorized by this Act and by section 15 of the Wagner-
Peyser Act at the Federal, State, and local levels to
ensure nonduplication of efforts and the appropriate
use of shared information and data; and
``(6) to provide ongoing means for customers, such
as students and parents, to provide comments and
feedback on products and services and to update
resources, as appropriate, to better meet customer
requirements.
``(c) Nonduplication.--
``(1) Wagner-peyser act.--The State entity
designated under subsection (b) may use funds provided
under subsection (b) to supplement activities under
section 15 of the Wagner-Peyser Act to the extent such
activities do not duplicate activities assisted under
such section.
``(2) Public law 105-220.--None of the functions
and activities assisted under this section shall
duplicate the functions and activities carried out
under Public Law 105-220.
``(d) Funding Rule.--Of the amounts appropriated to carry
out this section, the Federal entity designated under
subsection (a) shall use--
``(1) not less than 85 percent to carry out
subsection (b); and
``(2) not more than 15 percent to carry out
subsection (a).
``(e) Report.--The Secretary, in consultation with
appropriate Federal agencies, shall prepare and submit to the
appropriate committees of Congress, an annual report that
includes--
``(1) an identification of activities assisted
under this section during the prior program year;
``(2) a description of the specific products and
services assisted under this section that were
delivered in the prior program year; and
``(3) an assessment of the extent to which States
have effectively coordinated activities assisted under
this section with activities authorized under section
15 of the Wagner-Peyser Act.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 1999
through 2003.
``PART B--STATE PROVISIONS
``SEC. 121. STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--
``(1) In general.--The responsibilities of an
eligible agency under this title shall include--
``(A) coordination of the development,
submission, and implementation of the State
plan, and the evaluation of the program,
services, and activities assisted under this
title, including
preparation for nontraditional training and
employment;
``(B) consultation with the Governor and
appropriate agencies, groups, and individuals
including parents, students, teachers,
representatives of businesses, labor
organizations, eligible recipients, State and
local officials, and local program
administrators, involved in the planning,
administration, evaluation, and coordination of
programs funded under this title;
``(C) convening and meeting as an eligible
agency (consistent with State law and procedure
for the conduct of such meetings) at such time
as the eligible agency determines necessary to
carry out the eligible agency's
responsibilities under this title, but not less
than 4 times annually; and
``(D) the adoption of such procedures as
the eligible agency considers necessary to--
``(i) implement State level
coordination with the activities
undertaken by the State boards under
section 111 of Public Law 105-220; and
``(ii) make available to the
service delivery system under section
121 of Public Law 105-220 within the
State a listing of all school dropout,
postsecondary, and adult programs
assisted under this title.
``(2) Exception.--Except with respect to the
responsibilities set forth in paragraph (1), the
eligible agency may delegate any of the other
responsibilities of the eligible agency that involve
the administration, operation, supervision of
activities assisted under this title, in whole or in
part, to 1 or more appropriate State agencies.
``SEC. 122. STATE PLAN.
``(a) State Plan.--
``(1) In general.--Each eligible agency desiring
assistance under this title for any fiscal year shall
prepare and submit to the Secretary a State plan for a
5-year period, together with such annual revisions as
the eligible agency determines to be necessary.
``(2) Revisions.--Each eligible agency--
``(A) may submit such annual revisions of
the State plan to the Secretary as the eligible
agency determines to be necessary; and
``(B) shall, after the second year of the 5
year State plan, conduct a review of activities
assisted under this title and submit any
revisions of the State plan that the eligible
agency determines necessary to the Secretary.
``(3) Hearing process.--The eligible agency shall
conduct public hearings in the State, after appropriate
and sufficient notice, for the purpose of affording all
segments of the public and interested organizations and
groups (including employers, labor organizations, and
parents), an opportunity to present their views and
make recommendations regarding the State plan. A
summary of such recommendations and the eligible
agency's response to such recommendations shall be
included in the State plan.
``(b) Plan Development.--
``(1) In general.--The eligible agency shall
develop the State plan in consultation with teachers,
eligible recipients, parents, students, interested
community members, representatives of special
populations, representatives of business and industry,
and representatives of labor organizations in the
State, and shall consult the Governor of the State with
respect to such development.
``(2) Activities and procedures.--The eligible
agency shall develop effective activities and
procedures, including access to information needed
touse such procedures, to allow the individuals described in paragraph
(1) to participate in State and local decisions that relate to
development of the State plan.
``(c) Plan Contents.--The State plan shall include
information that--
``(1) describes the vocational and technical
education activities to be assisted that are designed
to meet or exceed the State adjusted levels of
performance, including a description of--
``(A) the secondary and postsecondary
vocational and technical education programs to
be carried out, including programs that will be
carried out by the eligible agency to develop,
improve, and expand access to quality, state-
of-the-art technology in vocational and
technical education programs;
``(B) the criteria that will be used by the
eligible agency in approving applications by
eligible recipients for funds under this title;
``(C) how such programs will prepare
vocational and technical education students for
opportunities in postsecondary education or
entry into high skill, high wage jobs in
current and emerging occupations; and
``(D) how funds will be used to improve or
develop new vocational and technical education
courses;
``(2) describes how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided;
``(3) describes how the eligible agency will
actively involve parents, teachers, local businesses
(including small- and medium-sized businesses), and
labor organizations in the planning, development,
implementation, and evaluation of such vocational and
technical education programs;
``(4) describes how funds received by the eligible
agency through the allotment made under section 111
will be allocated--
``(A) among secondary school vocational and
technical education, or postsecondary and adult
vocational and technical education, or both,
including the rationale for such allocation;
and
``(B) among any consortia that will be
formed among secondary schools and eligible
institutions, and how funds will be
allocatedamong the members of the consortia, including the rationale
for such allocation;
``(5) describes how the eligible agency will--
``(A) improve the academic and technical
skills of students participating in vocational
and technical education programs, including
strengthening the academic, and vocational and
technical, components of vocational and
technical education programs through the
integration of academics with vocational and
technical education to ensure learning in the
core academic, and vocational and technical,
subjects, and provide students with strong
experience in, and understanding of, all
aspects of an industry; and
``(B) ensure that students who participate
in such vocational and technical education
programs are taught to the same challenging
academic proficiencies as are taught to all
other students;
``(6) describes how the eligible agency will
annually evaluate the effectiveness of such vocational
and technical education programs, and describe, to the
extent practicable, how the eligible agency is
coordinating such programs to ensure nonduplication
with other existing Federal programs;
``(7) describes the eligible agency's program
strategies for special populations;
``(8) describes how individuals who are members of
the special populations--
``(A) will be provided with equal access to
activities assisted under this title;
``(B) will not be discriminated against on
the basis of their status as members of the
special populations; and
``(C) will be provided with programs
designed to enable the special populations to
meet or exceed State adjusted levels of
performance, and prepare special populations
for further learning and for high skill, high
wage careers;
``(9) describe what steps the eligible agency shall
take to involve representatives of eligible recipients
in the development of the State adjusted levels of
performance;
``(10) provides assurances that the eligible agency
will comply with the requirements of this title and the
provisions of the State plan, including the provision
of a financial audit of funds receivedunder this title
which may be included as part of an audit of other Federal or State
programs;
``(11) provides assurances that none of the funds
expended under this title will be used to acquire
equipment (including computer software) in any instance
in which such acquisition results in a direct financial
benefit to any organization representing the interests
of the purchasing entity, the employees of the
purchasing entity, or any affiliate of such an
organization;
``(12) describes how the eligible agency will
report data relating to students participating in
vocational and technical education in order to
adequately measure the progress of the students,
including special populations;
``(13) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
``(14) describes how the eligible agency will
provide local educational agencies, area vocational and
technical education schools, and eligible institutions
in the State with technical assistance;
``(15) describes how vocational and technical
education relates to State and regional occupational
opportunities;
``(16) describes the methods proposed for the joint
planning and coordination of programs carried out under
this title with other Federal education programs;
``(17) describes how funds will be used to promote
preparation for nontraditional training and employment;
``(18) describes how funds will be used to serve
individuals in State correctional institutions;
``(19) describes how funds will be used effectively
to link secondary and postsecondary education;
``(20) describes how the eligible agency will
ensure that the data reported to the eligible agency
from local educational agencies and eligible
institutions under this title and the data the eligible
agency reports to the Secretary are complete, accurate,
and reliable; and
``(21) contains the description and information
specified in sections 112(b)(8) and 121(c) of Public
Law 105-220 concerning the provision of services only
for postsecondary students and school dropouts.
``(d) Plan Option.--The eligible agency may fulfill the
requirements of subsection (a) by submitting a plan under
section 501 of Public Law 105-220.
``(e) Plan Approval.--
``(1) In general.--The Secretary shall approve a
State plan, or a revision to an approved State plan,
unless the Secretary determines that--
``(A) the State plan, or revision,
respectively, does not meet the requirements of
this section; or
``(B) the State's levels of performance on
the core indicators of performance consistent
with section 113 are not sufficiently rigorous
to meet the purpose of this Act.
``(2) Disapproval.--The Secretary shall not finally
disapprove a State plan, except after giving the
eligible agency notice and an opportunity for a
hearing.
``(3) Consultation.--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 vocational and technical education,
postsecondary vocational and technical education, tech-
prep education, and secondary vocational and technical
education after consultation with the State agency
responsible for supervision of community colleges,
technical institutes, or other 2-year postsecondary
institutions primarily engaged in providing
postsecondary vocational and technical education, and
the State agency responsible for secondary education.
If a State agency finds that a portion of the final
State plan is objectionable, the State agency shall
file such objections with the eligible agency. The
eligible agency shall respond to any objections of the
State agency in the State plan submitted to the
Secretary.
``(4) Timeframe.--A State plan shall be deemed
approved by the Secretary if the Secretary has not
responded to the eligible agency regarding the State
plan within 90 days of the date the Secretary receives
the State plan.
``(f) Transition.--This section shall be subject to section
4 for fiscal year 1999 only, with respect to activities under
this section.
``SEC. 123. IMPROVEMENT PLANS.
``(a) State Program Improvement Plan.--If a State fails to
meet the State adjusted levels of performance described in the
report submitted under section 113(c), the eligible agency
shall develop and implement a program improvement plan in
consultation with appropriate agencies, individuals, and
organizations for the first program year succeeding the program
year in which the eligible agency failed to meet the State
adjusted levels ofperformance, in order to avoid a sanction
under subsection (d).
``(b) Local Evaluation.--Each eligible agency shall
evaluate annually, using the State adjusted levels of
performance, the vocational and technical education activities
of each eligible recipient receiving funds under this title.
``(c) Local Improvement Plan.--
``(1) In general.--If, after reviewing the
evaluation, the eligible agency determines that an
eligible recipient is not making substantial progress
in achieving the State adjusted levels of performance,
the eligible agency shall--
``(A) conduct an assessment of the
educational needs that the eligible recipient
shall address to overcome local performance
deficiencies;
``(B) enter into an improvement plan based
on the results of the assessment, which plan
shall include instructional and other
programmatic innovations of demonstrated
effectiveness, and where necessary, strategies
for appropriate staffing and staff development;
and
``(C) conduct regular evaluations of the
progress being made toward reaching the State
adjusted levels of performance.
``(2) Consultation.--The eligible agency shall
conduct the activities described in paragraph (1) in
consultation with teachers, parents, other school
staff, appropriate agencies, and other appropriate
individuals and organizations.
``(d) Sanctions.--
``(1) Technical assistance.--If the Secretary
determines that an eligible agency is not properly
implementing the eligible agency's responsibilities
under section 122, or is not making substantial
progress in meeting the purpose of this Act, based on
the State adjusted levels of performance, the Secretary
shall work with the eligible agency to implement
improvement activities consistent with the requirements
of this Act.
``(2) Failure.--If an eligible agency fails to meet
the State adjusted levels of performance, has not
implemented an improvement plan as described in
paragraph (1), has shown no improvement within 1 year
after implementing an improvement plan as described in
paragraph (1), or has failed to meet the State adjusted
levels of performance for 2 or more consecutive years,
the Secretary may, after notice and opportunity for a
hearing, withhold from the eligible agency all, or a
portion of, the eligible agency's allotment under this
title. The Secretary may waive the sanction under this
paragraph due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
``(3) Funds resulting from reduced allotments.--
``(A) In general.--The Secretary shall use
funds withheld under paragraph (2), for a State
served by an eligible agency, to provide
(through alternative arrangements) services and
activities within the State to meet the purpose
of this Act.
``(B) Redistribution.--If the Secretary
cannot satisfactorily use funds withheld under
paragraph (2), then the amount of funds
retained by the Secretary as a result of a
reduction in an allotment made under paragraph
(2) shall be redistributed to other eligible
agencies in accordance with section 111.
``SEC. 124. STATE LEADERSHIP ACTIVITIES.
``(a) General Authority.--From amounts reserved under
section 112(a)(2), each eligible agency shall conduct State
leadership activities.
``(b) Required Uses of Funds.--The State leadership
activities described in subsection (a) shall include--
``(1) an assessment of the vocational and technical
education programs carried out with funds under this
title that includes an assessment of how the needs of
special populations are being met and how such programs
are designed to enable special populations to meet
State adjusted levels of performance and prepare the
special populations for further learning or for high
skill, high wage careers;
``(2) developing, improving, or expanding the use
of technology in vocational and technical education
that may include--
``(A) training of vocational and technical
education personnel to use state-of-the-art
technology, that may include distance learning;
``(B) providing vocational and technical
education students with the academic, and
vocational and technical, skills that lead to
entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high
technology industries to offer voluntary
internships and mentoring programs;
``(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for vocational
and technical, academic, guidance, and administrative
personnel, that--
``(A) will provide inservice and preservice
training in state-of-the-art vocational and
technical education programs and techniques,
effective teaching skills based on research,
and effective practices to improve parental and
community involvement; and
``(B) will help teachers and personnel to
assist students in meeting the State adjusted
levels of performance established under section
113;
``(C) will support education programs for
teachers of vocational and technical education
in public schools and other public school
personnel who are involved in the direct
delivery of educational services to vocational
and technical education students to ensure that
such teachersstay current with the needs,
expectations, and methods of industry; and
``(D) is integrated with the professional
development activities that the State carries
out under title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6001
et seq.) and title II of the Higher Education
Act of 1965;
``(4) support for vocational and technical
education programs that improve the academic, and
vocational and technical, skills of students
participating in vocational and technical education
programs by strengthening the academic, and vocational
and technical, components of such vocational and
technical education programs through the integration of
academics with vocational and technical education to
ensure learning in the core academic, and vocational
and technical, subjects;
``(5) providing preparation for nontraditional
training and employment;
``(6) supporting partnerships among local
educational agencies, institutions of higher education,
adult education providers, and, as appropriate, other
entities, such as employers, labor organizations,
parents, and local partnerships, to enable students to
achieve State academic standards, and vocational and
technical skills;
``(7) serving individuals in State institutions,
such as State correctional institutions and
institutions that serve individuals with disabilities;
and
``(8) support for programs for special populations
that lead to high skill, high wage careers.
``(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
``(1) technical assistance for eligible recipients;
``(2) improvement of career guidance and academic
counseling programs that assist students in making
informed academic, and vocational and technical
education, decisions;
``(3) establishment of agreements between secondary
and postsecondary vocational and technical education
programs in order to provide postsecondary education
and training opportunities for students participating
in such vocational and technical education programs,
such as tech-prep programs;
``(4) support for cooperative education;
``(5) support for vocational and technical student
organizations, especially with respect to efforts to
increase the participation of students who are members
of special populations;
``(6) support for public charter schools operating
secondary vocational and technical education programs;
``(7) support for vocational and technical
education programs that offer experience in, and
understanding of, all aspects of an industry for which
students are preparing to enter;
``(8) support for family and consumer sciences
programs;
``(9) support for education and business
partnerships;
``(10) support to improve or develop new vocational
and technical education courses;
``(11) providing vocational and technical education
programs for adults and school dropouts to complete
their secondary school education; and
``(12) providing assistance to students, who have
participated in services and activities under this
title, in finding an appropriate job and continuing
their education.
``(d) Restriction on Uses of Funds.--An eligible agency
that receives funds under section 112(a)(2) may not use any of
such funds for administrative costs.
``PART C--LOCAL PROVISIONS
``SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
``(a) Distribution for Fiscal Year 1999.--Except as
provided in section 133 and as otherwise provided in this
section, each eligible agency shall distribute the portion of
the funds made available under section 112(a)(1) to carry out
this section for fiscal year 1999 to local educational agencies
within the State as follows:
``(1) Seventy percent.--From 70 percent of such
portion, each local educational agency shall be
allocated an amount that bears the same relationship to
such 70 percent as the amount such local educational
agency was allocated under section 1124 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333) for the preceding fiscal year bears to the
total amount received under such section by all local
educational agencies in the State for such preceding
fiscal year.
``(2) Twenty percent.--From 20 percent of such
portion, each local educational agency shall be
allocated an amount that bears the same relationship to
such 20 percent as the number of students with
disabilities who have individualized education programs
under section 614(d) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d))served by
such local educational agency for the preceding fiscal year bears to
the total number of such students served by all local educational
agencies in the State for such preceding fiscal year.
``(3) Ten percent.--From 10 percent of such
portion, each local educational agency shall be
allocated an amount that bears the same relationship to
such 10 percent as the number of students enrolled in
schools and adults enrolled in training programs under
the jurisdiction of such local educational agency for
the preceding fiscal year bears to the number of
students enrolled in schools and adults enrolled in
training programs under the jurisdiction of all local
educational agencies in the State for such preceding
fiscal year.
``(b) Special Distribution Rules for Succeeding Fiscal
Years.--Except as provided in section 133 and as otherwise
provided in this section, each eligible agency shall distribute
the portion of funds made available under section 112(a)(1) to
carry out this section for fiscal year 2000 and succeeding
fiscal years to local educational agencies within the State as
follows:
``(1) 30 percent.--30 percent shall be allocated to
such local educational agencies in proportion to the
number of individuals aged 15 through 19, inclusive,
who reside in the school district served by such local
educational agency for the preceding fiscal year
compared to the total number of such individuals who
reside in the school districts served by all local
educational agencies in the State for such preceding
fiscal year.
``(2) 70 percent.--70 percent shall be allocated to
such local educational agencies in proportion to the
number of individuals aged 15 through 19, inclusive,
who reside in the school district served by such local
educational agency from families with incomes below the
poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved for the fiscal year for which the
determination is made compared to the number of such
individuals who reside in the school districts served
by all the local educational agencies in the State for
such preceding fiscal year.
``(c) Waiver for More Equitable Distribution.--The
Secretary may waive the application of subsection (b) in the
case of any eligible agency that submits to the Secretary an
application for such a waiver that--
``(1) demonstrates that a proposed alternative
formula more effectively targets funds on the basis of
poverty (as defined by the Office of Management and
Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) to local educational agencies within
the State than the formula described in subsection (b);
and
``(2) includes a proposal for such an alternative
formula.
``(d) Minimum Allocation.--
``(1) In general.--Except as provided in paragraph
(2), a local educational agency shall not receive an
allocation under subsection (a) unless the amount
allocated to such agency under subsection (a) is
greater than $15,000. A local educational agency may
enter into a consortium with other local educational
agencies for purposes of meeting the minimum allocation
requirement of this paragraph.
``(2) Waiver.--The eligible agency shall waive the
application of paragraph (1) in any case in which the
local educational agency--
``(A)(i) is located in a rural, sparsely
populated area, or
``(ii) is a public charter school operating
secondary vocational and technical education
programs; and
``(B) demonstrates that the local
educational agency is unable to enter into a
consortium for purposes of providing activities
under this part.
``(3) Redistribution.--Any amounts that are not
allocated by reason of paragraph (1) or paragraph (2)
shall be redistributed to local educational agencies
that meet the requirements of paragraph (1) or (2) in
accordance with the provisions of this section.
``(e) Limited Jurisdiction Agencies.--
``(1) In general.--In applying the provisions of
subsection (a), no eligible agency receiving assistance
under this title shall allocate funds to a local
educational agency that serves only elementary schools,
but shall distribute such funds to the local
educational agency or regional educational agency that
provides secondary school services to secondary school
students in the same attendance area.
``(2) Special rule.--The amount to be allocated
under paragraph (1) to a local educational agency that
has jurisdiction only over secondary schools shall be
determined based on the number of students that entered
such secondary schools in the previous year from the
elementary schools involved.
``(f) Allocations to Area Vocational and Technical
Education Schools and Educational Service Agencies.--
``(1) In general.--Each eligible agency shall
distribute the portion of funds made available under
section 112(a)(1) for any fiscal year by such eligible
agency for secondary school vocational and technical
education activities under this section to the
appropriate area vocational and technical education
school or educational service agency in any case in
which the area vocational and technical education
school or educational service agency, and the local
educational agency concerned--
``(A) have formed or will form a consortium
for the purpose of receiving funds under this
section; or
``(B) have entered into or will enter into
a cooperative arrangement for such purpose.
``(2) Allocation basis.--If an area vocational and
technical education school or educational service
agency meets the requirements of paragraph (1), then
the amount that would otherwise be distributedto the
local educational agency shall be allocated to the area vocational and
technical education school, the educational service agency, and the
local educational agency based on each school, agency or entity's
relative share of students who are attending vocational and technical
education programs (based, if practicable, on the average enrollment
for the preceding 3 years;
``(3) Appeals procedure.--The eligible agency shall
establish an appeals procedure for resolution of any
dispute arising between a local educational agency and
an area vocational and technical education school or an
educational service agency with respect to the
allocation procedures described in this section,
including the decision of a local educational agency to
leave a consortium or terminate a cooperative
arrangement.
``(g) Consortium Requirements.--
``(1) Alliance.--Any local educational agency
receiving an allocation that is not sufficient to
conduct a program which meets the requirements of
section 135 is encouraged to--
``(A) form a consortium or enter into a
cooperative agreement with an area vocational
and technical education school or educational
service agency offering programs that meet the
requirements of section 135; and
``(B) transfer such allocation to the area
vocational and technical education school or
educational service agency; and
``(C) operate programs that are of
sufficient size, scope, and quality to be
effective.
``(2) Funds to consortium.--Funds allocated to a
consortium formed to meet the requirements of this
paragraph shall be used only for purposes and programs
that are mutually beneficial to all members of the
consortium and can be used only for programs authorized
under this title. Such funds may not be reallocated to
individual members of the consortium for purposes or
programs benefiting only one member of the consortium.
``(h) Data.--The Secretary shall collect information from
eligible agencies regarding the specific dollar allocations
made available by the eligible agency for vocational and
technical education programs under subsections (a), (b), (c),
and (d) and how these allocations are distributed to local
educational agencies, area vocational and technical education
schools, and educational service agencies, within the State in
accordance with this section.
``(i) Special Rule.--Each eligible agency distributing
funds under this section shall treat a secondary school funded
by the Bureau of Indian Affairs within the State as if such
school were a local educational agency within the State for the
purpose of receiving a distribution under this section.
``SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY VOCATIONAL AND
TECHNICAL EDUCATION PROGRAMS.
``(a) Allocation.--
``(1) In general.--Except as provided in
subsections (b) and (c) and section 133, each eligible
agency shall distribute the portion of the funds made
available under section 112(a)(1) to carry out this
section for any fiscal year to eligible institutions or
consortia of eligible institutions within the State.
``(2) Formula.--Each eligible institution or
consortium of eligible institutions shall be allocated
an amount that bears the same relationship to the
portion of funds made available under section 112(a)(1)
to carry out this section for any fiscal year as the
sum of the number of individuals who are Federal Pell
Grant recipients and recipients of assistance from the
Bureau of Indian Affairs enrolled in programs meeting
the requirements of section 135 offered by such
institution or consortium in the preceding fiscal year
bears to the sum of the number of such recipients
enrolled in such programs within the State for such
year.
``(3) Consortium requirements.--
``(A) In general.--In order for a
consortium of eligible institutions described
in paragraph (2) to receive assistance pursuant
to such paragraph, such consortium shall
operate joint projects that--
``(i) provide services to all
postsecondary institutions
participating in the consortium; and
``(ii) are of sufficient size,
scope, and quality to be effective.
``(B) Funds to consortium.--Funds allocated
to a consortium formed to meet the requirements
of this section shall be used only for purposes
and programs that are mutually beneficial to
all members of the consortium and shall be used
only for programs authorized under this title.
Such funds may not be reallocated to individual
members of the consortium for purposes or
programs benefiting only one member of the
consortium.
``(4) Waiver.--The eligible agency may waive the
application of paragraph (3)(A)(i) in any case in which
the eligible institution is located in a rural,
sparsely populated area.
``(b) Waiver for More Equitable Distribution.--The
Secretary may waive the application of subsection (a) if an
eligible agency submits to the Secretary an application for
such a waiver that--
``(1) demonstrates that the formula described in
subsection (a) does not result in a distribution of
funds to the eligible institutions or consortia within
the State that have the highest numbers of economically
disadvantaged individuals and that an alternative
formula will result in such a distribution; and
``(2) includes a proposal for such an alternative
formula.
``(c) Minimum Grant Amount.--
``(1) In general.--No institution or consortium
shall receive an allocation under this section in an
amount that is less than $50,000.
``(2) Redistribution.--Any amounts that are not
distributed by reason of paragraph (1) shall be
redistributed to eligible institutions or consortia in
accordance with this section.
``SEC. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDUCATION.
``(a) Special Rule for Minimal Allocation.--
``(1) General authority.--Notwithstanding the
provisions of sections 131 and 132 and in order to make
a more equitable distribution of funds for programs
serving the areas of greatest economic need, for any
program year for which a minimal amount is made
available by an eligible agency for distribution under
section 131 or 132, such State may distribute such
minimal amount for such year--
``(A) on a competitive basis; or
``(B) through any alternative method
determined by the State.
``(2) Minimal amount.--For purposes of this
section, the term `minimal amount' means not more than
15 percent of the total amount made available for
distribution under section 112(a)(1).
``(b) Redistribution.--
``(1) In general.--In any academic year that an
eligible recipient does not expend all of the amounts
the eligible recipient is allocated for such year under
section 131 or 132, such eligible recipient shall
return any unexpended amounts to the eligible agency to
be reallocated under section 131 or 132, as
appropriate.
``(2) Redistribution of amounts returned late in an
academic year.--In any academic year in which amounts
are returned to the eligible agency under section 131
or 132 and the eligible agency is unable to reallocate
such amounts according to such sections in time for
such amounts to be expended in such academic year, the
eligible agency shall retain such amounts for
distribution in combination with amounts provided under
section 112(a)(1) for the following academic year.
``(c) Construction.--Nothing in section 131 or 132 shall be
construed--
``(1) to prohibit a local educational agency or a
consortium thereof that receives assistance under
section 131, from working with an eligible institution
or consortium thereof that receives assistance under
section 132, to carry out secondary school vocational
and technical education programs in accordance with
this title;
``(2) to prohibit an eligible institution or
consortium thereof that receives assistance under
section 132, from working with a local educational
agency or consortium thereof that receives assistance
under section 131, to carry out postsecondary and adult
vocational and technical education programs in
accordance with this title; or
``(3) to require a charter school, that provides
vocational and technical education programs and is
considered a local educational agency under State law,
to jointly establish the charter school's eligibility
for assistance under this title unless the charter
school is explicitly permitted to do so under the
State's charter school statute.
``(d) Consistent Application.--For purposes of this
section, the eligible agency shall provide funds to charter
schools offering vocational and technical education programs in
the same manner as the eligible agency provides those funds to
other schools. Such vocational and technical education programs
within a charter school shall be of sufficient size, scope, and
quality to be effective.
``SEC. 134. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS.
``(a) Local Plan Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in
consultation with such other educational entities as the
eligible agency determines to be appropriate) submit a local
plan to the eligible agency. Such local plan shall cover the
same period of time as the period of time applicable to the
State plan submitted under section 122.
``(b) Contents.--The eligible agency shall determine
requirements for local plans, except that each local plan
shall--
``(1) describe how the vocational and technical
education programs required under section 135(b) will
be carried out with funds received under this title;
``(2) describe how the vocational and technical
education activities will be carried out with respect
to meeting State adjusted levels of performance
established under section 113;
``(3) describe how the eligible recipient will--
``(A) improve the academic and technical
skills of students participating in vocational
and technical education programs by
strengthening the academic, and vocational and
technical, components of such programs through
the integration of academics with vocational
and technical education programs through a
coherent sequence of courses to ensure learning
in the core academic, and vocational and
technical, subjects;
``(B) provide students with strong
experience in and understanding of all aspects
of an industry; and
``(C) ensure that students who participate
in such vocational and technical education
programs are taught to the same challenging
academic proficiencies as are taught for all
other students;
``(4) describe how parents, students, teachers,
representatives of business and industry, labor
organizations, representatives of special populations,
and other interested individuals are involved in the
development, implementation, and evaluation of
vocational and technical education programs assisted
under this title, and how such individuals and entities
are effectively informed about, and assisted in
understanding, the requirements of this title;
``(5) provide assurances that the eligible
recipient will provide a vocational and technical
education program that is of such size, scope, and
quality to bring about improvement in the quality of
vocational and technical education programs;
``(6) describe the process that will be used to
independently evaluate and continuously improve the
performance of the eligible recipient;
``(7) describe how the eligible recipient--
``(A) will review vocational and technical
education programs, and identify and adopt
strategies to overcome barriers that result in
lowering rates of access to or lowering success
in the programs, for special populations; and
``(B) will provide programs that are
designed to enable the special populations to
meet the State adjusted levels of performance;
``(8) describe how individuals who are members of
the special populations will not be discriminated
against on the basis of their status as members of the
special populations;
``(9) describe how funds will be used to promote
preparation for nontraditional training and employment;
and
``(10) describe how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided.
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that
receives funds under this part shall use such funds to improve
vocational and technical education programs.
``(b) Requirements for Uses of Funds.--Funds made available
to eligible recipients under this part shall be used to support
vocational and technical education programs that--
``(1) strengthen the academic, and vocational and
technical, skills of students participating in
vocational and technical education programs by
strengthening the academic, and vocational and
technical, components of such programs through the
integration of academics with vocational and technical
education programs through a coherent sequence of
courses to ensure learning in the core academic, and
vocational and technical, subjects;
``(2) provide students with strong experience in
and understanding of all aspects of an industry;
``(3) develop, improve, or expand the use of
technology in vocational and technical education, which
may include--
``(A) training of vocational and technical
education personnel to use state-of-the-art
technology, which may include distance
learning;
``(B) providing vocational and technical
education students with the academic, and
vocational and technical, skills that lead to
entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high
technology industries to offer voluntary
internships and mentoring programs;
``(4) provide professional development programs to
teachers, counselors, and administrators, including--
``(A) inservice and preservice training in
state-of-the-art vocational and technical
education programs and techniques, in effective
teaching skills based on research, and in
effective practices to improve parental and
community involvement;
``(B) support of education programs for
teachers of vocational and technical education
in public schools and other public school
personnel who are involved in the direct
delivery of educational services to vocational
and technical education students, to ensure
that such teachers and personnel stay current
with all aspects of an industry;
``(C) internship programs that provide
business experience to teachers; and
``(D) programs designed to train teachers
specifically in the use and application of
technology;
``(5) develop and implement evaluations of the
vocational and technical education programs carried out
with funds under this title, including an assessment of
how the needs of special populations are being met;
``(6) initiate, improve, expand, and modernize
quality vocational and technical education programs;
``(7) provide services and activities that are of
sufficient size, scope, and quality to be effective;
and
``(8) link secondary vocational and technical
education and postsecondary vocational and technical
education, including implementing tech-prep programs.
``(c) Permissive.--Funds made available to an eligible
recipient under this title may be used--
``(1) to involve parents, businesses, and labor
organizations as appropriate, in the design,
implementation, and evaluation of vocational and
technical education programs authorized under this
title, including establishing effective programs and
procedures to enable informed and effective
participation in such programs;
``(2) to provide career guidance and academic
counseling for students participating in vocational and
technical education programs;
``(3) to provide work-related experience, such as
internships, cooperative education, school-based
enterprises, entrepreneurship, and job shadowing that
are related to vocational and technical education
programs;
``(4) to provide programs for special populations;
``(5) for local education and business
partnerships;
``(6) to assist vocational and technical student
organizations;
``(7) for mentoring and support services;
``(8) for leasing, purchasing, upgrading or
adapting equipment, including instructional aides;
``(9) for teacher preparation programs that assist
individuals who are interested in becoming vocational
and technical education instructors, including
individuals with experience in business and industry;
``(10) for improving or developing new vocational
and technical education courses;
``(11) to provide support for family and consumer
sciences programs;
``(12) to provide vocational and technical
education programs for adults and school dropouts to
complete their secondary school education;
``(13) to provide assistance to students who have
participated in services and activities under this
title in finding an appropriate job and continuing
their education;
``(14) to support nontraditional training and
employment activities; and
``(15) to support other vocational and technical
education activities that are consistent with the
purpose of this Act.
``(d) Administrative Costs.--Each eligible recipient
receiving funds under this part shall not use more than 5
percent of the funds for administrative costs associated with
the administration of activities assisted under this section.
``TITLE II--TECH-PREP EDUCATION
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Tech-Prep Education Act'.
``SEC. 202. DEFINITIONS.
``(a) In this title:
``(1) Articulation agreement.--The term
`articulation agreement' means a written commitment to
a program designed to provide students with a non
duplicative sequence of progressive achievement leading
to degrees or certificates in a tech-prep education
program.
``(2) Community college.--The term `community
college'--
``(A) means an institution of higher
education, as defined in section 101 of the
Higher Education Act of 1965, that provides not
less than a 2-year program that is acceptable
for full credit toward a bachelor's degree; and
``(B) includes tribally controlled colleges
or universities.
``(3) Tech-prep program.--The term `tech-prep
program' means a program of study that--
``(A) combines at a minimum 2 years of
secondary education (as determined under State
law) with a minimum of 2 years of postsecondary
education in a nonduplicative, sequential
course of study;
``(B) integrates academic, and vocational
and technical, instruction, and utilizes work-
based and worksite learning where appropriate
and available;
``(C) provides technical preparation in a
career field such as engineering technology,
applied science, a mechanical, industrial, or
practical art or trade, agriculture, health
occupations, business, or applied economics;
``(D) builds student competence in
mathematics, science, reading, writing,
communications, economics, and workplace skills
through applied, contextual academics, and
integrated instruction, in a coherent sequence
of courses;
``(E) leads to an associate or a
baccalaureate degree or a postsecondary
certificate in a specific career field; and
``(F) leads to placement in appropriate
employment or to further education.
``SEC. 203. STATE ALLOTMENT AND APPLICATION.
``(a) In General.--For any fiscal year, the Secretary shall
allot the amount made available under section 206 among the
States in the same manner as funds are allotted to States under
paragraph (2) of section 111(a).
``(b) Payments to Eligible Agencies.--The Secretary shall
make a payment in the amount of a State's allotment under
subsection (a) to the eligible agency thatserves the State and
has an application approved under subsection (c).
``(c) State Application.--Each eligible agency desiring
assistance under this title shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
``SEC. 204. TECH-PREP EDUCATION.
``(a) Grant Program Authorized.--
``(1) In general.--From amounts made available to
each eligible agency under section 203, the eligible
agency, in accordance with the provisions of this
title, shall award grants, on a competitive basis or on
the basis of a formula determined by the eligible
agency, for tech-prep education programs described in
subsection (c). The grants shall be awarded to
consortia between or among--
``(A) a local educational agency, an
intermediate educational agency or area
vocational and technical education school
serving secondary school students, or a
secondary school funded by the Bureau of Indian
Affairs; and
``(B)(i) a nonprofit institution of higher
education that offers--
``(I) a 2-year associate degree
program, or a 2-year certificate
program, and is qualified as
institutions of higher education
pursuant to section 102 of the Higher
Education Act of 1965, including an
institution receiving assistance under
the Tribally Controlled College or
University Assistance Act of 1978 (25
U.S.C. 1801 et seq.) and a tribally
controlled postsecondary vocational and
technical institution; or
``(II) a 2-year apprenticeship
program that follows secondary
instruction,
if such nonprofit institution of higher
education is not prohibited from receiving
assistance under part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.) pursuant to the provisions of section
435(a)(3) of such Act (20 U.S.C. 1083(a)); or
``(ii) a proprietary institution of higher
education that offers a 2-year associate degree
program and is qualified as an institution of
higher education pursuant to section 102 of the
Higher Education Act of 1965, if such
proprietary institution of higher education is
not subject to a default management plan
required by the Secretary.
``(2) Special rule.--In addition, a consortium
described in paragraph (1) may include 1 or more--
``(A) institutions of higher education that
award a baccalaureate degree; and
``(B) employer or labor organizations.
``(b) Duration.--Each grant recipient shall use amounts
provided under the grant to develop and operate a 4- or 6-year
tech-prep education program described in subsection (c).
``(c) Contents of Tech-Prep Program.--Each tech-prep
program shall--
``(1) be carried out under an articulation
agreement between the participants in the consortium;
``(2) consist of at least 2 years of secondary
school preceding graduation and 2 years or more of
higher education, or an apprenticeship program of at
least 2 years following secondary instruction, with a
common core of required proficiency in mathematics,
science, reading, writing, communications, and
technologies designed to lead to an associate's degree
or a postsecondary certificate in a specific career
field;
``(3) include the development of tech-prep programs
for both secondary and postsecondary, including
consortium, participants in the consortium that--
``(A) meets academic standards developed by
the State;
``(B) links secondary schools and 2-year
postsecondary institutions, and if possible and
practicable, 4-year institutions of higher
education through nonduplicative sequences of
courses in career fields, including the
investigation of opportunities for tech-prep
secondary students to enroll concurrently in
secondary and postsecondary coursework;
``(C) uses, if appropriate and available,
work-based or worksite learning in conjunction
with business and all aspects of an industry;
and
``(D) uses educational technology and
distance learning, as appropriate, to involve
all the consortium partners more fully in the
development and operation of programs;
``(4) include in-service training for teachers
that--
``(A) is designed to train vocational and
technical teachers to effectively implement
tech-prep programs;
``(B) provides for joint training for
teachers in the tech-prep consortium;
``(C) is designed to ensure that teachers
and administrators stay current with the needs,
expectations, and methods of business and all
aspects of an industry;
``(D) focuses on training postsecondary
education faculty in the use of contextual and
applied curricula and instruction; and
``(E) provides training in the use and
application of technology;
``(5) include training programs for counselors
designed to enable counselors to more effectively--
``(A) provide information to students
regarding tech-prep education programs;
``(B) support student progress in
completing tech-prep programs;
``(C) provide information on related
employment opportunities;
``(D) ensure that such students are placed
in appropriate employment; and
``(E) stay current with the needs,
expectations, and methods of business and all
aspects of an industry;
``(6) provide equal access, to the full range of
technical preparation programs, to individuals who are
members of special populations, including the
development of tech-prep program services appropriate
to the needs of special populations; and
``(7) provide for preparatory services that assist
participants in tech-prep programs.
``(d) Additional Authorized Activities.--Each tech-prep
program may--
``(1) provide for the acquisition of tech-prep
program equipment;
``(2) acquire technical assistance from State or
local entities that have designed, established, and
operated tech-prep programs that have effectively used
educational technology and distance learning in the
delivery of curricula and services and in the
articulation process; and
``(3) establish articulation agreements with
institutions of higher education, labor organizations,
or businesses located inside or outside the State and
served by the consortium, especially with regard to
using distance learning and educational technology to
provide for the delivery of services and programs.
``SEC. 205. CONSORTIUM APPLICATIONS.
``(a) In General.--Each consortium that desires to receive
a grant under this title shall submit an application to the
eligible agency at such time and in such manner as the eligible
agency shall prescribe.
``(b) Plan.--Each application submitted under this section
shall contain a 5-year plan for the development and
implementation of tech-prep programs under this title, which
shall be reviewed after the second year of the plan.
``(c) Approval.--The eligible agency shall approve
applications based on the potential of the activities described
in the application to create an effective tech-prep program.
``(d) Special Consideration.--The eligible agency, as
appropriate, shall give special consideration to applications
that--
``(1) provide for effective employment placement
activities or the transfer of students to baccalaureate
degree programs;
``(2) are developed in consultation with business,
industry, institutions of higher education, and labor
organizations;
``(3) address effectively the issues of school
dropout prevention and reentry and the needs of special
populations;
``(4) provide education and training in areas or
skills in which there are significant workforce
shortages, including the information technology
industry; and
``(5) demonstrate how tech-prep programs will help
students meet high academic and employability
competencies.
``(e) Equitable Distribution of Assistance.--In awarding
grants under this title, the eligible agency shall ensure an
equitable distribution of assistance between urban and rural
consortium participants.
``SEC. 206. REPORT.
``Each eligible agency that receives a grant under this
title annually shall prepare and submit to the Secretary a
report on the effectiveness of the tech-prep programs assisted
under this title, including a description of how grants were
awarded within the State.
``SEC. 207. DEMONSTRATION PROGRAM.
``(a) Demonstration Program Authorized.--From funds
appropriated under subsection (e) for a fiscal year, the
Secretary shall award grants to consortia described in section
204(a) to enable the consortia to carry out tech-prep education
programs.
``(b) Program Contents.--Each tech-prep program referred to
in subsection (a)--
``(1) shall--
``(A) involve the location of a secondary
school on the site of a community college;
``(B) involve a business as a member of the
consortium; and
``(C) require the voluntary participation
of secondary school students in the tech-prep
education program; and
``(2) may provide summer internships at a business
for students or teachers.
``(c) Application.--Each consortium desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner and accompanied by such information
as the Secretary may require.
``(d) Applicability.--The provisions of sections 203, 204,
205, and 206 shall not apply to this section, except that--
``(1) the provisions of section 204(a) shall apply
for purposes of describing consortia eligible to
receive assistance under this section;
``(2) each tech-prep education program assisted
under this section shall meet the requirements of
paragraphs (1), (2), (3)(A), (3)(B), (3)(C), (3)(D),
(4), (5), (6), and (7) of section 204(c), except that
such paragraph (3)(B) shall be applied by striking ``,
and if possible and practicable, 4-year institutions of
higher education through nonduplicative sequences of
courses in career fields''; and
``(3) in awarding grants under this section, the
Secretary shall give special consideration to consortia
submitting applications under subsection (c) that meet
the requirements of paragraphs (1), (3), (4), and (5)
of section 205(d), except that such paragraph (1) shall
be applied by striking ``or the transfer of students to
baccalaureate degree programs''.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
fiscal year 1999 and each of the 4 succeeding fiscal years.
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
title (other than section 207) such sums as may be necessary
for fiscal year 1999 and each of the 4 succeeding fiscal years.
``TITLE III--GENERAL PROVISIONS
``PART A--FEDERAL ADMINISTRATIVE PROVISIONS
``SEC. 311. FISCAL REQUIREMENTS.
``(a) Supplement Not Supplant.--Funds made available under
this Act for vocational and technical education activities
shall supplement, and shall not supplant, non-Federal funds
expended to carry out vocational and technical education
activities and tech-prep activities.
``(b) Maintenance of Effort.--
``(1) Determination.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be
made under this Act for any fiscal year to a
State for vocational and technical education
programs or tech-prep programs unless the
Secretary determines that the fiscal effort per
student or the aggregate expenditures of such
State for vocational and technical education
programs for the fiscal year preceding the
fiscal year for which the determination is
made, equaled or exceeded such effort or
expenditures for vocational and technical
education programs, for the second fiscal year
preceding the fiscal year for which the
determination is made.
``(B) Computation.--In computing the fiscal
effort or aggregate expenditures pursuant to
subparagraph (A), the Secretary shall exclude
capital expenditures, special one-time project
costs, and the cost of pilot programs.
``(C) Decrease in federal support.--If the
amount made available for vocational and
technical education programs under this Act for
a fiscal year is less than the amount made
available for vocational and technical
education programs under this Act for the
preceding fiscal year, then the fiscal effort
per student or the aggregate expenditures of a
State required by subparagraph (B) for such
preceding fiscal year shall be decreased by the
same percentage as the percentage decrease in
the amount so made available.
``(2) Waiver.--The Secretary may waive the
requirements of this section, with respect to not more
than 5 percent of expenditures by any eligible agency
for 1 fiscal year only, on making a determination that
such waiver would be equitable due to exceptional or
uncontrollable circumstances affecting the ability of
the eligible agency to meet such requirements, 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.
``SEC. 312. AUTHORITY TO MAKE PAYMENTS.
``Any authority to make payments or to enter into contracts
under this Act shall be available only to such extent or in
such amounts as are provided in advance in appropriation Acts.
``SEC. 313. CONSTRUCTION.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
a private, religious, or home school, regardless of whether a
home school is treated as a private school or home school under
State law. This section shall not be construed to bar students
attending private, religious, or home schools from
participation in programs or services under this Act.
``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.
``No funds made available under this Act shall be used--
``(1) to require any secondary school student to
choose or pursue a specific career path or major; and
``(2) to mandate that any individual participate in
a vocational and technical education program, including
a vocational and technical education program that
requires the attainment of a federally funded skill
level, standard, or certificate of mastery.
``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.
``No funds received under this Act may be used to provide
vocational and technical education programs to students prior
to the seventh grade, except that equipment and facilities
purchased with funds under this Act may be used by such
students.
``SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
``Nothing in this Act shall be construed to be inconsistent
with applicable Federal law prohibiting discrimination on the
basis of race, color, sex, national origin, age, or disability
in the provision of Federal programs or services.
``SEC. 317. AUTHORIZATION OF SECRETARY.
``For the purposes of increasing and expanding the use of
technology in vocational and technical education instruction,
including the training of vocational and technical education
personnel as provided in this Act, the Secretary is authorized
to receive and use funds collected by the Federal Government
from fees for the use of property, rights-of-way, and easements
under the control of Federal departments and agencies for the
placement of telecommunications services that are dependent, in
whole or in part, upon the utilization of general spectrum
rights for the transmission or reception of such services.
``SEC. 318. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL.
``An eligible agency or eligible recipient that uses funds
under this Act for inservice and preservice vocational and
technical education professional development programs for
vocational and technical education teachers, administrators,
and other personnel may, upon request, permit the participation
in such programs of vocational and technical education
teachers, administrators, and other personnel in nonprofit
private schools offering vocational and technical education
programs located in the geographical area served by such agency
or recipient.
``PART B--STATE ADMINISTRATIVE PROVISIONS
``SEC. 321. JOINT FUNDING.
``(a) General Authority.--Funds made available to eligible
agencies under this Act may be used to provide additional funds
under an applicable program if--
``(1) such program otherwise meets the requirements
of this Act and the requirements of the applicable
program;
``(2) such program serves the same individuals that
are served under this Act;
``(3) such program provides services in a
coordinated manner with services provided under this
Act; and
``(4) such funds are used to supplement, and not
supplant, funds provided from non-Federal sources.
``(b) Applicable Program.--For the purposes of this
section, the term ``applicable program'' means any program
under any of the following provisions of law:
``(1) Chapters 4 and 5 of subtitle B of title I of
Public Law 105-220.
``(2) The Wagner-Peyser Act.
``(c) Use of Funds as Matching Funds.--For the purposes of
this section, the term `additional funds' does not include
funds used as matching funds.
``SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE
RELOCATION OF BUSINESSES.
``No funds provided under this Act shall be used for the
purpose of directly providing incentives or inducements to an
employer to relocate a business enterprise from one State to
another State if such relocation will result in a reduction in
the number of jobs available in the State where the business
enterprise is located before such incentives or inducements are
offered.
``SEC. 323. STATE ADMINISTRATIVE COSTS.
``(a) General Rule.--Except as provided in subsection (b),
for each fiscal year for which an eligible agency receives
assistance under this Act, the eligible agency shall provide,
from non-Federal sources for the costs the eligible agency
incurs for the administration of programs under this Act an
amount that is not less than the amount provided by the
eligible agency from non-Federal sources for such costs for the
preceding fiscal year.
``(b) Exception.--If the amount made available for
administration of programs under this Act for a fiscal year is
less than the amount made available for administration of
programs under this Act for the preceding fiscal year, the
amount the eligible agency is required to provide from non-
Federal sources for costs the eligible agency incurs for
administration of programs under this Act shall be thesame
percentage as the amount made available for administration of programs
under this Act.
``SEC. 324. LIMITATION ON FEDERAL REGULATIONS.
``The Secretary may issue regulations under this Act only
to the extent necessary to administer and ensure compliance
with the specific requirements of this Act.
``SEC. 325. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.
``(a) Attendance Costs Not Treated as Income or
Resources.--The portion of any student financial assistance
received under this Act that is made available for attendance
costs described in subsection (b) shall not be considered as
income or resources in determining eligibility for assistance
under any other program funded in whole or in part with Federal
funds.
``(b) Attendance Costs.--The attendance costs described in
this subsection are--
``(1) tuition and fees normally assessed a student
carrying an academic workload as determined by the
institution, and including costs for rental or purchase
of any equipment, materials, or supplies required of
all students in that course of study; and
``(2) an allowance for books, supplies,
transportation, dependent care, and miscellaneous
personal expenses for a student attending the
institution on at least a half-time basis, as
determined by the institution.
``(c) Costs of Vocational and Technical Education
Services.--Funds made available under this Act may be used to
pay for the costs of vocational and technical education
services required in an individualized education plan developed
pursuant to section 614(d) of the Individuals with Disabilities
Education Act and services necessary to meet the requirements
of section 504 of the Rehabilitation Act of 1973 with respect
to ensuring equal access to vocational and technical
education.''.
SEC. 2. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
Section 10104 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8004) is amended--
(1) in subsection (a), by striking ``to be held in
1995'' and inserting ``to be held in 1999''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``in the
summer of 1995'' and inserting ``in the summer
of 1999'';
(B) in paragraph (5), by striking ``in 1996
and thereafter, as well as replicate such
program''; and
(C) in paragraph (6), by striking ``1995''
and inserting ``1999''.
SEC. 3. REFERENCES TO CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY
EDUCATION ACT.
(a) Immigration and Nationality Act.--Section 245A(h)(4)(C)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(C)) is amended by striking ``Vocational Education
Act of 1963'' and inserting ``Carl D. Perkins Vocational and
Technical Education Act of 1998''.
(b) National Defense Authorization Act.--Section 4461 of
the National Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1143 note) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(c) Elementary and Secondary Education Act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(1) in section 1114(b)(2)(C)(v) (20 U.S.C.
6314(b)(2)(C)(v)), by striking ``Carl D. Perkins
Vocational and Applied Technical Education Act,'' and
inserting ``Carl D. Perkins Vocational and Technical
Education Act of 1998'';
(2) in section 9115(b)(5) (20 U.S.C. 7815(b)(5)),
by striking ``Carl D. Perkins Vocational and Technical
Education Act'' and inserting ``Carl D. Perkins
Vocational and Technical Education Act of 1998'';
(3) in section 14302(a)(2) (20 U.S.C. 8852(a)(2))--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (C), (D), and
(E), respectively; and
(4) in the matter preceding subparagraph (A) of
section 14307(a)(1) (20 U.S.C. 8857(a)(1)), by striking
``Carl D. Perkins Vocational and Applied Technology
Technical Education Act'' and inserting ``Carl D.
Perkins Vocational and Technical Education Act of
1998''.
(d) Equity in Educational Land-Grant Status Act of 1994.--
Section 533(c)(4)(A) of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note) is amended by striking
``(20 U.S.C. 2397h(3)'' and inserting ``, as such section was
in effect on the day preceding the date of enactment of the
Carl D. Perkins Vocational and Applied Technology Education
Amendments of 1998''.
(e) Improving America's Schools Act of 1994.--Section 563
of the Improving America's Schools Act of 1994 (20 U.S.C. 6301
note) is amended by striking ``the date of enactment of an Act
reauthorizing the Carl D. Perkins Vocational and Technical
Education Act (20 U.S.C. 2301 et seq.)'' and inserting ``July
1, 1999''.
(f) Workforce Investment Act of 1998.--Section 101(3) of
the Workforce Investment Act of 1998 (29 U.S.C. 2801(3)) is
amended by striking ``section 521 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2471)'' and inserting ``section 3 of the Carl D. Perkins
Vocational and Technical Education Act of 1998''.
(g) Appalachian Regional Development Act of 1965.--Section
214(c) of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 214(c)) is amended by striking ``Carl D. Perkins
Vocational Education Act'' and inserting ``Carl D. Perkins
Vocational and Technical Education Act of 1998''.
(h) Vocational Education Amendments of 1968.--Section 104
of the Vocational Education Amendments of 1968 (82 Stat. 1091)
is amended by striking ``section 3 of the Carl D. Perkins
Vocational Education Act'' and inserting ``the Carl D. Perkins
Vocational and Technical Education Act of 1998''.
(i) Older Americans Act of 1965.--The Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) is amended--
(1) in section 502(b)(1)(N)(i) (42 U.S.C.
3056(b)(1)(N)(i)), by striking ``or the Carl D. Perkins
Vocational and Applied Technology Education Act (20
U.S.C. 2301 et seq.)''; and
(2) in section 505(d)(2) (42 U.S.C. 3056c(d)(2))--
(A) by striking ``employment and training
programs'' and inserting ``workforce investment
activities''; and
(B) by striking ``the Carl D. Perkins
Vocational and Applied Technology Education Act
(20 U.S.C. 2301 et seq.)'' and inserting ``the
Carl D. Perkins Vocational and Technical
Education Act of 1998''.
SEC. 4. ADULT EDUCATION AND FAMILY LITERACY.
The Adult Education and Family Literacy Act (20 U.S.C. 9201
et seq.) is amended--
(1) in section 224, by adding at the end the
following:
``(g) Transition.--The provisions of this section shall be
subject to section 506(b).''; and
(2) by amending paragraph (2) of section 506(b) to
read as follows:
``(2) Limitation.--The authority to take actions
under paragraph (1) shall apply until July 1, 2000.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Workforce Investment Act of 1998.--Section 121 of the
Workforce Investment Act of 1998 (29 U.S.C. 2841) is amended--
(1) in subsection (b)(1)(B)(iv), by inserting
before the semicolon the following: ``(other than part
C of title I of such Act and subject to subsection
(f))''; and
(2) by adding at the end the following:
``(f) Application to Certain Vocational Rehabilitation
Programs.--
``(1) Limitation.--Nothing in this section shall be
construed to apply to part C of title I of the
Rehabilitation Act of 1973 (29 U.S.C. 741).
``(2) Client assistance.--Nothing in this Act shall
be construed to require that any entity carrying out a
client assistance program authorized under section 112
of the Rehabilitation Act of 1973 (29 U.S.C. 732)--
``(A) violate the requirement of section
112(c)(1)(A) of that Act that the entity be
independent of any agency which provides
treatment, services, or rehabilitation to
individuals under that Act; or
``(B) carry out any activity not authorized
under section 112 of that Act (including
appropriate Federal regulations).''.
(b) Wagner-Peyser Act.--
(1) In general.--Section 15 of the Wagner-Peyser
Act (as added by section 309 of the Workforce
Investment Act of 1998) is amended--
(A) in subsection (a)(2)(A)(i), by striking
``under'' and all that follows through ``for
which'' and inserting ``under the provisions of
this section for any purpose other than the
statistical purposes for which''; and
(B) in subsection (e)(2)(G), by striking
``complementary'' and inserting
``complementarity''.
(2) Effective date.--The amendments made by
paragraph (1) take effect July 2, 1999.
(c) Rehabilitation Act of 1973.--Section 725(c)(7) of the
Rehabilitation Act of 1973 (as amended by section 410 of the
Workforce Investment Act of 1998) is amended by striking
``management,'' and all that follows and inserting
``management;''.
SEC. 6. REPEALS AND EXTENSIONS OF PREVIOUS HIGHER EDUCATION AMENDMENTS
PROVISIONS.
(a) Higher Education Amendments of 1986.--Title XIII of the
Higher Education Amendments of 1986 (Public Law 99-498) is
repealed.
(b) Higher Education Amendments of 1992.--The following
provisions of the Higher Education Amendments of 1992 (Public
Law 102-325) are repealed:
(1) Parts E, F, and G of title XIII.
(2) Title XIV.
(3) Parts A, B, C, and D of title XV.
And the Senate agree to the same.
Bill Goodling,
Howard ``Buck'' McKeon,
Frank Riggs,
John E. Peterson,
Sam Johnson,
Bill Clay,
Matthew G. Martinez,
Dale E. Kildee,
Managers on the Part of the House.
Jim Jeffords,
Dan Coats,
Judd Gregg,
Bill Frist,
Mike DeWine,
Michael B. Enzi,
Tim Hutchinson,
Susan Collins,
Mitch McConnell,
Ted Kennedy,
Chris Dodd,
Tom Harkin,
Barbara A. Mikulski,
Paul Wellstone,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1853) to amend
the Carl D. Perkins Vocational and Applied Technology Education
Act, submit the following joint statement to the House and the
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
Title I--Vocational and Technical Education Assistance to the States
The Conference agreement improves vocational and
technical education by strengthening academics, broadening
vocational opportunities for students, sending more money to
the local level, and increasing flexibility for State and local
program needs.
formula provisions
The Conference agreement authorizes such sums for Fiscal
Years 1999-2003.
Federal to State formula
The House bill changes the formula provisions in the Act.
The Federal to State formula allots basic State grant funds to
States based upon two populations. Fifty percent would be sent
based upon the population aged 15-19 in each State, and 50
percent based upon the population aged 20-24 in the State. This
distribution would be subject to each State receiving a minimum
amount of one half of one percent of the total grant amounts
(small state minimum). State allotments would be adjusted by
the per capita income of the State, with the maximum adjustment
ratio being 0.55 and the minimum being 0.4.
The Senate bill follows current law.
The Conference agreement follows the Senate bill.
Outlying areas
Both bills provide for grants of $500,000 made to Guam,
and $190,000 each to American Samoa, and the Commonwealth of
the Northern Marianna Islands from reserved funds. In addition,
both bills require the Freely Associated States (the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau) to compete for their allotment with Guam
and American Samoa.
The House bill terminates funding for the Freely
Associated States (the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau) on
September 30, 2001.
The Senate bill terminates funding for the Freely
Associated States (the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau)
after September 30, 2004.
The Conference agreement follows the House bill.
Within State formula
The House bill requires States to send 90 percent of
their basic State grant to the local level for secondary,
postsecondary, and adult vocational education activities. Of
this 90 percent,a State may reserve up to ten percent for rural
(five percent) and urban (five percent) areas in the State. A State is
required to reserve eight percent of the basic State grant for State
leadership activities and two percent for administrative activities.
The Senate bill maintains several key set-asides found in
current law. The Senate bill allocates 75 percent of the State
grant for secondary, postsecondary, and adult vocational and
technical education activities. The bill allows States to
reserve 14 percent of their allotment for State leadership
activities, ten percent for administration, and one percent for
programming for criminal offenders.
The Conference agreement allocates 85 percent of the
State grant for secondary, postsecondary, and adult vocational
and technical education programs at the local level. Of this
allocation, ten percent may be made available to award grants
to rural areas; areas with high percentages of vocational and
technical education students; areas with high numbers of
vocational and technical education students; and communities
negatively impacted as a result of changes in the new within
State formula. In adopting this change, the Conferees recognize
the inequities inherent in any formula toward rural areas and
provide through this reserve a mechanism for States to
compensate for these inequities. In addition to rural areas,
the Conferees realize that the formula may not adequately
reflect those schools or local areas that have a high
percentage or population of students in vocational technical
education programs.
The agreement also authorizes the State eligible agency
to reserve an amount equal to ten percent of the total
allotment for State leadership activities. Included in the
funds reserved for State Leadership activities, up to one
percent of the total allotment shall be used to serve criminal
offenders, and not less than $60,000 but no more than $150,000
shall be used for services targeting preparation for
nontraditional training and employment. The Conference
agreement authorizes the State eligible agency to reserve up to
five percent of the total allotment, or $250,000 (whichever is
greater), for State administrative activities. This may be used
for the costs of developing a State plan, reviewing a local
plan, monitoring and evaluating the effectiveness of a program,
assuring the compliance with all of the applicable federal
laws, or providing technical assistance. Each State that
receives this financial assistance shall match the reserve
funds on a dollar-for-dollar basis.
national activities
Both bills require the Secretary to develop and implement
a plan for evaluation and dissemination of vocational and
technical education programs. Both bills include provisions
with regard to what is to be included in the evaluation and
assessment plans. In addition, both bills allow the Secretary
to award grants to establish national research centers.
Demonstration and dissemination activities are also included.
Both bills also require information collection on vocational
and technical education programs. Adequate information on
access to vocational and technical education by secondary
students with disabilities is maintained in the data system.
The House bill extends the authorization of the National
Occupational Information Coordinating Committee.
The Senate bill had no comparable provision.
The Conference agreement includes authority for the
Secretary of Education to designate an entity at the national
level to carry out certain functions related to occupational
andemployment information for vocational and technical
education programs. The agreement also gives authority to the Secretary
to award grants to designated State entities, which may include State
Occupational Information Coordinating Committees established prior to
enactment of this Act, to carry out State activities related to such
information. The agreement prohibits any duplication of activities
authorized under section 15 of the Wagner-Peyser Act. The Conferees
expect the Secretary of Education, in carrying out this section, to
consult with the Bureau of Labor Statistics and the Employment and
Training Administration in order to avoid any duplication of
activities.
INDIAN AND NATIVE HAWAIIAN PROGRAM AND TRIBALLY CONTROLLED
POSTSECONDARY VOCATIONAL AND TECHNICAL INSTITUTIONS
Section 103 of the House bill authorizes grants to Indian
tribes, tribal organizations, and Alaska Native entities for
the purposes of carrying out vocational and technical
education, but bars Bureau Funded secondary schools from
receiving assistance under this Section. The Secretary is also
directed to enter into contracts with organizations primarily
serving Native Hawaiian programs. In addition, section 104 of
the House bill also authorizes the Secretary to make grants to
tribally controlled postsecondary vocational and technical
institutions.
Section 114 of the Senate bill authorizes the Secretary
to enter into grants or contracts to Indian tribes, tribal
organizations, Bureau funded schools, and organizations
primarily serving native Hawaiians for the purposes of carrying
out vocational and technical education programs. Any
organization that receives a grant or enters into a contract
would be required to establish adjusted levels of performance
to be achieved by students served and evaluate the quality and
effectiveness of the program. In addition, the Section 115 of
the Senate bill also authorizes the Secretary to make grants to
tribally controlled postsecondary vocational and technical
institutions.
The Conference agreement follows the Senate bill with
regard to the issuance of grants or contracts to Indian tribes,
tribal organizations, but adds Alaska Native entities as
eligible to receive a grant or enter into a contract. The
agreement follows the House bill with regard to the majority of
the provisions relating to tribally controlled postsecondary
vocational and technical education institutions, including the
maintenance of a separate authorization of appropriations for
these activities. In addition, the agreement follows the Senate
bill on the requirement to conduct needs estimates and reports
on facility quality. The Conference agreement closely follows
current law on these provisions.
state organizational and planning responsibilities
State plan
The House bill requires a State plan to be for a minimum
of five years. The plan would describe the vocational and
technical education programs that would be carried out with
funds received by the State. In addition, the plan would
describe how funds received by the State would be allocated;
describe how the State would improve the academic and technical
skills ofvocational technical education students; ensure that
participating students are taught to the same academic proficiencies as
are provided all other students; and describe how the State would
evaluate the effectiveness of the programs annually.
The Senate bill requires a State plan to be for a minimum
of three years. The plan would describe the vocational
education activities designed to meet the State adjusted levels
of performance. It would also describe how funds would be
allocated. The plan would describe how funds would be used to
expand and improve technology in instruction; to serve
individuals in correctional institutions; and to link secondary
and postsecondary education.
The Conference agreement follows the House bill with a
few modifications. The State plan is to include information
that describes the vocational education activities to be
assisted that are designed to meet the State adjusted levels of
performance. The plan is to be reviewed prior to the third
program year. In addition, the plan describes the eligible
agency's program strategies for special populations.
State leadership
Required use of funds
The House bill requires State leadership funds to be used
for activities targeting the use of technology, professional
development, and support for programs that improve the academic
and technical skills of participating vocational technical
education students.
The Senate bill requires State leadership funds be used
for monitoring and evaluating the quality and improvement of
vocational and technical education activities and for improving
and expanding technology. In addition, the bill requires that
funds be used to provide comprehensive professional
development. The bill also requires that funds be used to:
provide preparation for nontraditional training and employment;
support tech-prep education activities; support partnerships
among LEAs, institutions of higher education, adult education
providers, and other entities; and to serve individuals in
State institutions.
The Conference agreement merges the provisions of the two
bills. The agreement also includes support for programs for
special populations, and describes how funds will be used to
serve individuals in correctional institutions.
Permissive use of funds
The House bill allows State leadership funds to be used
for technical support of eligible recipients and to establish
agreements between secondary and postsecondary programs. It
also allows funds to be used for: support for programs for
special populations; cooperative education; vocational student
organizations; support for public charter schools operating
secondary vocational and technical education programs; and
programs that offer experience in all aspects of an industry
for which students would be preparing to enter. In addition
funds may be used for: family and consumer sciences programs;
corrections education; education and business partnerships; and
to improve or develop new vocational and technical education
courses.
The Senate bill permits funds to be used for an array of
activities, including support for vocational student
organizations, and to provide programs for adults and school
dropouts. It also allows funds to be used to provide assistance
to participating students in finding a job andcontinuing their
education.
The Conference agreement merges the provisions of the two
bills.
Substate formula at the secondary level
The House bill phases in a new secondary substate formula
over five years. Year one would operate under current law, and
subsequent years would transition to a formula based 60 percent
on poverty of individuals aged 15-19, and 40 percent on the
population of individuals aged 15-19. The minimum grant would
be $10,000. The House bill also includes a waiver ability for
States that develop an alternative formula that more
effectively targets funds on the basis of poverty to Local
Educational Agencies (LEAs).
The Senate bill follows current law on the distribution
of funds, but raises the minimum grant to $25,000.
The Conference agreement changes the secondary substate
formula over two years. In the first year of the
reauthorization, funds for secondary activities would be
distributed under current law. Beginning in year two, seventy
percent of the funds would be distributed based upon each LEA's
share of the individuals aged 15-19 from economically
disadvantaged families, and 30 percent distributed based upon
the LEA's share of population aged 15-19. The agreement follows
the House bill with regard to the waiver authority, and
maintains current law with regard to the minimum grant of
$15,000.
Substate funding at the postsecondary level
The House bill follows current law on the postsecondary
substate formula, which is based upon an institution's share of
Pell Grant recipients. It sets the minimum grant at $35,000.
The bill also allows the Secretary to waive requirements to
permit alternative formulas.
The Senate bill follows current law for the postsecondary
substate formula, but sets the minimum grant at $65,000.
The Conference agreement follows current law with regard
to the formula, the minimum grant of $50,000, and waiver
authority.
accountability
The House bill requires the State to develop performance
measures to measure the progress of the State. If the State has
not demonstrated improvement in meeting its performance
measures for 2 or more consecutive years, the Secretary may
withhold all, or a portion of, the allotment. In addition, each
eligible agency that receives an allotment must annually
prepare and submit a report to the Secretary on the State's
performance. This report is to include, in addition to other
things, a description of the progress of special populations.
The Senate bill requires the Secretary to publish
performance measures to assess the progress of each eligible
agency. Each eligible agency is to negotiate with the Secretary
the adjusted levels of performance. Each eligible agency is to
annually evaluate the vocational and technical education and
tech-prep activities to determine the progress. If an
organization is not making substantial progress, it is to
conduct an assessment, enter into an improvement planbased on
the assessment, and conduct regular evaluations of the progress being
made. If the organization continues to not demonstrate improvement, the
Secretary may withhold all, or a portion of, the allotment. The
eligible agency that receives the allotment is to report annually on
the progress made, including a description of the progress of special
populations.
The Conference agreement requires the State performance
measures to be established solely by the State, and are to
include core indicators of performance. The State adjusted
levels of performance shall be agreed upon by the State
eligible agency (with input from local eligible recipients) and
the Secretary for the first two program years covered by the
State plan. Prior to the third program year, the Secretary and
eligible agency shall reach agreement on the core indicators of
performance for the third, fourth and fifth program years. Each
eligible agency that receives this allotment shall prepare and
submit an annual report to the Secretary describing the
agency's progress.
local provisions
Local uses of funds
Required use of funds
The House bill requires funds to be used for
strengthening the academic and technical skills of
participating students by strengthening the program components
through the integration of academics with vocational and
technical education; developing, improving, or expanding the
use of technology in vocational and technical education; and
providing professional development programs.
The Senate bill requires funds to be used to integrate
academic education with vocational and technical education for
particapting students; to improve or expand the use of
technology in vocational and technical education, including
professional development; to provide professional development
activities to teachers, counselors, and administrators; to
develop and implement performance management systems and
evaluations; to initiate and improve quality programs; to link
secondary and postsecondary education, including tech-prep
programs; to develop implement programs that provide access to
quality programs for participating students, including special
populations; to promote preparation for nontraditional training
and employment.
The Conference agreement follows the majority of the
provisions in the House bill. The agreement also requires funds
to be used for programs designed to train teachers specifically
in the use of technology; to provide services and activities
that are of sufficient size, scope, and quality to be
effective; and to link, secondary and postsecondary vocational
and technical education, including implementing tech-prep
programs.
Permissive use of funds
The House bill permits funds to be used for establishing
agreements between secondary and postsecondary vocational and
technical education programs; involving parents, businesses,
and employee representatives in the design and implementation
of programs; providing career counseling; providing work
related experience; programs for special populations; local
educationand business partnerships; vocational and technical
student organizations; mentoring and support services; equipment used
on the programs; establishing programs and procedures that allow
students and their parents to participate directly in decisions that
influence the programs; teacher preparation programs; improving or
developing new vocational and technical education programs; and support
for family and consumer sciences programs.
The Senate bill allows funds to be used for providing
guidance and counseling to participating students; supporting
vocational and technical student organizations; student
internships; providing vocational and technical education
programs for adults and school dropouts; acquiring and adapting
equipment; providing assistance to students in finding an
appropriate job and continuing their education; and supporting
other vocational and technical education activities.
The Conference agreement merges the two bills.
Title II--Tech-Prep Programs
The House bill permits the eligible agency to award
grants to consortia on a competitive basis or on the basis of
formula, in order to develop and operate a four to six year
tech-prep education program. The tech-prep program is to be
carried out with agreement among the participants in the
consortium; consist of at least two years secondary school and
two years higher education or a two year apprenticeship
program; include the development of tech-prep education program
components appropriate to the participants; include in-service
training for teachers and training programs for counselors;
provide equal access to tech-prep programs; and provide for
preparatory services that assist participants.
The Senate bill permits the eligible agency to award
grants to consortia for the development and operation of
programs designed to provide tech-prep education. The tech-prep
program is to be carried out with agreement among the
participants; consist of at least two years of secondary
school, two years of higher education or a two year
apprenticeship program; include the development of tech-prep
education programs for participants; meet State academic
standards; link secondary schools and two-year postsecondary
institutions; use work-based or worksite learning along with
business and industry; use educational technology and distance
learning; include a professional development program for
teachers and training programs for counselors; provide equal
access to tech-prep programs; and provide preparatory programs
to assist special populations.
Both bills include provisions regarding the application
process. The Conference agreement provides for grants to be
awarded. These grants are to be awarded on a competitive basis
or on the basis of formula. The agreement merges the House and
the Senate bill with regard to the contents of the program. In
addition, the agreement authorizes additional activities,
including the acquisition of tech-prep education equipment,
acquisition of technical assistance from State or local
entities, the establishment of articulation agreements. The
agreement also follows the House bill on the allotment
provisions, but the Senate bill on appropriations and
demonstration programs.
Title III--General Provisions
Both bills clarify that the funds received under this Act
shall be used to supplement, not supplant, the amount of funds
that would be made available from non-Federal sources for
vocational and technical education. Both bills also mandate
that nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
a private, religious, or home school.
The House bill includes provisions clarifying that: none
of the funds under this Act shall be used for students prior to
the seventh grade; and that none of the funds under the Act
shall be used to require any secondary school student to choose
or pursue a specific career path or major or to mandate
participation in a vocational and technical education program
or attain a federally funded skill level, standard, or
certificate of mastery. the bill further includes provisions
clarifying that: nothing in the Act shall be construed to be
inconsistent with Federal laws guaranteeing civil rights;
permits the participation of personnel in non-profit private
schools; allows the State to use additional funds under
applicable programs; and prohibits funds to be used for the
sole purpose of providing incentives to relocate a business
from one State to another.
The Conference agreement generally follows the House
bill, but merges provisions from both bills.
Definitions
special populations
The House bill includes individuals with disabilities,
economically disadvantaged individuals, individuals with
limited English proficiency, and individuals participating in
nontraditional training and employment when describing special
populations.
The Senate bill includes low-income individuals including
foster children, individuals with disabilities, single parents
and displaced homemakers, and individuals with other barriers
to educational achievement including individuals with limited
English proficiency when describing special populations.
The Conference agreement defines special populations as
individuals with disabilities; individuals from economically
disadvantaged families, including foster children; individuals
preparing for non-traditional training and employment; single
parents, including single pregnant women; displaced homemakers;
and individuals with other barriers to educational achievement,
including individuals with limited English proficiency.
Bill Goodling,
Howard ``Buck'' McKeon,
Frank Riggs,
John E. Peterson,
Sam Johnson,
Bill Clay,
Matthew G. Martinez,
Dale E. Kildee,
Managers on the Part of the House.
Jim Jeffords,
Dan Coats,
Judd Gregg,
Bill Frist,
Mike DeWine,
Michael B. Enzi,
Tim Hutchinson,
Susan Collins,
Mitch McConnell,
Ted Kennedy,
Chris Dodd,
Tom Harkin,
Barbara A. Mikulski,
Paul Wellstone,
Jack Reed,
Managers on the Part of the Senate.