[House Report 109-25]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-25
======================================================================
VOCATIONAL AND TECHNICAL EDUCATION FOR THE FUTURE ACT
_______
March 17, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 366]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 366) to amend the Carl D. Perkins
Vocational and Technical Education Act of 1998 to strengthen
and improve programs under that Act, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vocational and Technical Education for
the Future Act''.
SEC. 2. REFERENCES.
Wherever in this Act an amendment is expressed in terms of an
amendment to or repeal of a section or other provision, the amendment
or repeal shall be considered to be made to a section or other
provision of the Carl D. Perkins Vocational and Technical Education Act
of 1998 (20 U.S.C. 2301 et seq.).
SEC. 3. PURPOSES AND DEFINITIONS.
(a) Purposes.--Section 2(2) (20 U.S.C. 2301(2)) is amended by
inserting ``rigorous and challenging'' after ``integrate''.
(b) Definitions.--Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraph (26) and redesignating paragraphs
(21) through (25) as paragraphs (23) through (27), and
paragraphs (27) through (30) as paragraphs (29) through (32),
respectively;
(2) by redesignating paragraphs (4) through (20) as
paragraphs (5) through (21), respectively, and inserting after
paragraph (3) the following:
``(4) Articulation agreement.--The term `articulation
agreement' means a written commitment, agreed upon at the State
level or approved annually and facilitated by the lead
administrators of the secondary and postsecondary consortia
members as described in section 135(b)(3)(A), to provide a
program designed to provide students with a nonduplicative
sequence of progressive achievements leading to degrees,
certificates, or credentials in a tech-prep education program
linked through credit transfer agreements.'';
(3) in paragraph (5) (as so redesignated), by inserting ``to
students (and parents, as appropriate)'' after ``providing
access'';
(4) in paragraph (6) (as so redesignated), by striking
``section 5206'' and inserting ``section 5210'';
(5) in paragraph (7) (as so redesignated)--
(A) by striking ``method of instruction'' and
inserting ``method''; and
(B) by inserting ``rigorous and challenging'' after
``required'';
(6) in paragraph (11)(A) (as so redesignated), by striking
``an'' and inserting ``a public or nonprofit private'';
(7) in paragraph (18) (as so redesignated)--
(A) in the paragraph heading, by striking ``training
and employment'' and inserting ``fields'';
(B) by striking ``training and employment'' and
inserting ``fields''; and
(C) by inserting ``current and'' after ``technology,
and other'';
(8) in paragraph (19) (as so redesignated), by striking ``the
Republic of the Marshall Islands, the Federated States of
Micronesia,'';
(9) by inserting after paragraph (21) (as so redesignated)
the following:
``(22) Scientifically based research.--The term
`scientifically based research' has the meaning given that term
in section 9101(37) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(37)).'';
(10) in paragraph (25) (as so redesignated)--
(A) in subparagraph (C), by striking ``training and
employment'' and inserting ``fields'';
(B) in subparagraph (E), by striking ``and'';
(C) in subparagraph (F)--
(i) by striking ``individuals with other
barriers to educational achievement,
including''; and
(ii) by striking the period and inserting ``;
and''; and
(D) by inserting after subparagraph (F) the
following:
``(G) individuals with other barriers to educational
achievement, as determined by the State.'';
(11) by inserting after paragraph (27) (as so redesignated)
the following:
``(28) Supportive services.--The term `supportive services'
means services such as transportation, child care, dependent
care, and needs-based payments, that are necessary to enable an
individual to participate in activities authorized under this
Act.'';
(12) in paragraph (29) (as so redesignated), by striking
``section 2'' and inserting ``section 2(a)(4)'';
(13) in paragraph (30) (as so redesignated)--
(A) by inserting ``of subsection (a)'' after
``paragraph (2)''; and
(B) by striking ``paragraph (5)(A) of such section''
and inserting ``paragraph (5)(A) of such subsection'';
and
(14) by amending paragraph (31)(A) (as so redesignated) to
read as follows:
``(A) offer a sequence of courses that--
``(i) provides individuals with the rigorous
and challenging academic and technical
knowledge and skills the individuals need to
prepare for further education and for careers
(other than careers requiring a master's or
doctoral degree) in current or emerging
employment sectors;
``(ii) may include the provision of skills or
courses necessary to enroll in a sequence of
courses that meet the requirements of this
subparagraph; and
``(iii) provides, at the postsecondary level,
for a 1-year certificate, an associate degree,
or industry-recognized credential; and''.
SEC. 4. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Carl D. Perkins Vocational and Applied
Technology Education Act'' and inserting `` the `Carl D.
Perkins Vocational and Technical Education Act of 1998' ''; and
(2) by striking ``the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998'' and inserting ``the
Vocational and Technical Education for the Future Act. Each
eligible agency shall be assured 1 full fiscal year for
transition, to plan for and implement the requirements of this
Act''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 8 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act (other
than subsection (a), (b), and (c) of section 114, and sections 117 and
118) $1,307,000,000 for fiscal year 2006 and such sums as may be
necessary for each of fiscal years 2007 through 2011.''.
SEC. 6. PROHIBITIONS.
(a) In General.--The Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.) is amended by adding
after section 8 the following new section:
``SEC. 9. PROHIBITIONS.
``(a) Local Control.--Nothing in this Act shall be construed to
authorize an officer or employee of the Federal government to mandate,
direct, or control a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or local
resources, or mandate a State or any subdivision thereof to spend any
funds or incur any costs not paid for under this Act.
``(b) No Preclusion of Other Assistance.--Any State that declines to
submit an application to the Secretary for assistance under this Act
shall not be precluded from applying for assistance under any other
program administered by the Secretary.
``(c) Prohibition on Requiring Federal Approval or Certification of
Standards.--Notwithstanding any other provision of Federal law, no
State shall be required to have academic and vocational and technical
content or student academic and vocational and technical achievement
standards approved or certified by the Federal government, in order to
receive assistance under this Act.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the requirements under section 113.''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) is amended by inserting after the item relating to section 8 the
following:
``Sec. 9. Prohibitions.''.
SEC. 7. ALLOTMENT AND ALLOCATION TO STATES.
(a) Allotment for National Activities for 2006.--Section 111(a)(1)
(20 U.S.C. 2321(a)(1)) is amended to read as follows:
``(1) Reservations.--From the sum appropriated under section
8 for each fiscal year, the Secretary shall reserve--
``(A) 0.12 percent to carry out section 115;
``(B) 1.50 percent to carry out section 116, of
which--
``(i) 1.25 percent of the sum shall be
available to carry out section 116(b); and
``(ii) 0.25 percent of the sum shall be
available to carry out section 116(h); and
``(C) 0.54 percent to carry out section 114(d).''.
(b) Minimum Allotments.--Section 111(a) (20 U.S.C. 2321(a)) is
further amended--
(1) in paragraph (3), by striking ``(or in the case of fiscal
year 1999'' and all that follows through ``Amendments of
1998)'' each place it appears and inserting ``(or in the case
of fiscal year 2006 only, under this section and under title II
of this Act, as such section and title were in effect on the
day before the date of enactment of the Vocational and
Technical Education for the Future Act)''; and
(2) by amending paragraph (4)(A) to read as follows:
``(A) In general.--No State shall receive an
allotment under this section for a fiscal year that is
less than the allotment the State received for fiscal
year 2005 under this section and under title II of this
Act (as such section and title were in effect on the
day before the date of enactment of the Vocational and
Technical Education for the Future Act).''.
(c) Within State Allocation.--Section 112 (20 U.S.C. 2322) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Allocation Formula.--From the amount allotted to each State
under section 111 for a fiscal year, the State board (hereinafter
referred to as the `eligible agency') shall allocate such amount as
follows:
``(1) Subject to paragraph (4), not less than 88 percent
shall be made available for distribution under section 131 or
132, of which the eligible agency shall first make available
for the activities described in section 135(b)(3) not less than
the amount allotted in fiscal year 2005 to such eligible agency
under title II of this Act (as such title was in effect on the
day before the date of enactment of the Vocational and
Technical Education for the Future Act), reduced by the
percentage by which the amount allotted to the State under
section 111 for the fiscal year is less than the amount
allotted under such section to such State for fiscal year 2005.
Of the remainder of the 88 percent, not more than 10 percent
may be used in accordance with subsection (c).
``(2) Subject to paragraph (4), not more than 10 percent
shall be made available to carry out State leadership
activities described in section 124, of which--
``(A) an amount equal to not more than 1 percent of
the amount allotted to the State under section 111 for
the fiscal year shall be made available to serve
individuals in State institutions, such as State
correctional institutions and institutions that serve
individuals with disabilities; and
``(B) not less than $60,000 and not more than
$150,000 shall be available for services that prepare
individuals for nontraditional fields.
``(3) An amount equal to not more than 2 percent, or
$250,000, whichever is greater, shall be made available for
administration of the State plan, which may be used for the
costs of--
``(A) developing the State plan;
``(B) reviewing the local plan;
``(C) monitoring and evaluating program
effectiveness;
``(D) assuring compliance with all applicable Federal
laws; and
``(E) providing technical assistance.
``(4) If the amount allocated for any fiscal year under
paragraph (2) shall be less than the amount allocated under
such paragraph for fiscal year 2005, additional amounts may be
made available from the amount allocated under paragraph (1)
for the purposes described in paragraph (2). If such additional
amounts are made available under this paragraph, the percentage
of the total amount allotted under section 111 that is
allocated for the purposes described in paragraph (2) shall not
exceed the percentage of the total amount allotted under
section 111 for fiscal year 2005 that was allocated under
paragraph (2) for fiscal year 2005.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking the
semicolon and inserting ``; and'';
(ii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (D); and
(B) in paragraph (2), by striking ``through (D)'' and
inserting ``through (C)''.
SEC. 8. ACCOUNTABILITY.
(a) Purpose.--Section 113(a) (20 U.S.C. 2323(a)) is amended--
(1) by striking ``establish a State'' and inserting ``support
a State and local''; and
(2) by inserting ``and its eligible recipients'' after
``effectiveness of the State''.
(b) State Performance Measures.--Section 113(b) (20 U.S.C. 2323(b))
is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(B) in subparagraph (A)--
(i) in the subparagraph heading, by inserting
``for secondary students'' after
``performance'';
(ii) by inserting ``of secondary students
that are, to the extent practicable, valid and
reliable and'' after ``indicators of
performance'';
(iii) in clause (i), by striking ``State
established academic,'' and inserting
``academic content and achievement standards,
as established by the State under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6311(b)(1)),'';
(iv) in clause (ii)--
(I) by striking ``or its recognized
equivalent,'' and inserting ``, General
Education Development credential (GED),
or other State-recognized equivalent
(including recognized alternative
standards for individuals with
disabilities), or''; and
(II) by striking ``, or a
postsecondary degree or credential'';
(v) by amending clause (iii) to read as
follows:
``(iii) Student graduation rates (as
described in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)(vi))).'';
(vi) by redesignating clause (iv) as clause
(v) and inserting after clause (iii) the
following:
``(iv) Placement in postsecondary education
or advanced training, placement in military
service, or placement in employment.''; and
(vii) in clause (v) (as so redesignated), by
striking ``training and employment'' and
inserting ``fields'';
(C) by inserting after subparagraph (A) the
following:
``(B) Core indicators of performance for
postsecondary students.--Each eligible agency shall
identify in the State plan core indicators of
performance of postsecondary students that are, to the
extent practicable, valid and reliable, and that
include, at a minimum, measures of each of the
following:
``(i) Student attainment of challenging
academic and vocational and technical skill
proficiencies.
``(ii) Student retention in postsecondary
education, attainment of an associate degree or
postsecondary credential, or transfer to a
baccalaureate degree program.
``(iii) Placement in military service or
placement or retention in employment.
``(iv) Student participation in and
completion of vocational and technical
education programs in nontraditional fields.'';
(D) in subparagraph (C) (as so redesignated), by
striking ``under the title'' and inserting ``under this
title''; and
(E) in subparagraph (D) (as so redesignated), by
inserting ``vocational and technical education'' after
``has developed State''; and
(2) in paragraph (3)--
(A) by amending the paragraph heading to read as
follows:
``(3) State levels of performance.--''; and
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``paragraph (2)(A)''
and inserting ``subparagraphs (A) and
(B) of paragraph (2)''; and
(II) in subclause (II), by striking
``to continually'' and all that follows
through ``performance'', and inserting
``to make continuous and substantial
improvement in the academic and
vocational and technical achievement'';
(ii) by amending clause (v) to read as
follows:
``(v) Agreement on state adjusted levels of
performance for subsequent years.--
``(I) 3rd and 4th program years.--
Prior to the third program year covered
by the State plan, the Secretary and
each eligible agency shall reach
agreement on the State adjusted levels
of performance for each of the core
indicators of performance for the third
and fourth programs years covered by
the State plan, taking into account the
factors described in clause (vi).
``(II) 5th and 6th program years.--
Prior to the fifth program year covered
by the State plan, the Secretary and
each eligible agency shall reach
agreement on the State adjusted levels
of performance for each of the core
indicators of performance for the fifth
and sixth programs years covered by the
State plan, taking into account the
factors described in clause (vi).
``(III) Agreements incorporated into
state plan.--The State adjusted levels
of performance agreed to under this
clause shall be considered the State
adjusted levels of performance for the
State for such years and shall be
incorporated into the State plan.'';
(iii) in clause (vi)(II), by inserting ``and
substantial'' after ``continuous''; and
(iv) in clause (vii)--
(I) by striking ``clause (vi)(II)''
and inserting ``clause (vi)''; and
(II) by striking ``under clause (iii)
or (vi)'' and inserting ``under clause
(iii) or (v)''.
(c) Local Levels of Performance.--Section 113(b) is further amended
by adding at the end the following:
``(4) Local levels of performance.--
``(A) Local adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible recipient
shall establish in the local plan submitted
under section 134, levels of performance for
each of the core indicators of performance
described in paragraph (2)(A) and (B), as
appropriate for the eligible recipient, for
vocational and technical education activities
authorized under this title. The levels of
performance established under this subparagraph
shall, at a minimum--
``(I) be expressed in a percentage or
numerical form, so as to be objective,
quantifiable, and measurable; and
``(II) require the eligible recipient
to make continuous and substantial
improvement in the academic and
vocational and technical achievement of
vocational and technical education
students.
``(ii) Identification in the local plan.--
Each eligible recipient shall identify, in the
local plan submitted under section 134, levels
of performance for each of the core indicators
of performance for the first 2 program years
covered by the local plan.
``(iii) Agreement on local adjusted levels of
performance for first 2 years.--The eligible
agency and each eligible recipient shall reach
agreement on the levels of performance for each
of the core indicators of performance, for the
first 2 program years covered by the local
plan, taking into account the levels identified
in the local plan under clause (ii) and the
factors described in clause (v). The levels of
performance agreed to under this clause shall
be considered to be the local adjusted level of
performance for the eligible recipient for such
years and shall be incorporated into the local
plan prior to the approval of such plan.
``(iv) Agreement on local adjusted levels of
performance for subsequent years.--
``(I) 3rd and 4th program years.--
Prior to the third program year covered
by the local plan, the eligible agency
and each eligible recipient shall reach
agreement on the local adjusted levels
of performance for each of the core
indicators of performance for the third
and fourth program years covered by the
local plan, taking into account the
factors described in clause (v).
``(II) 5th and 6th program years.--
Prior to the fifth program year covered
by the local plan, the eligible agency
and each eligible recipient shall reach
agreement on the local adjusted levels
of performance for each of the core
indicators of performance for the fifth
and sixth program years covered by the
local plan, taking into account the
factors described in clause (v).
``(III) Agreements incorporated into
local plan.--The local adjusted levels
of performance agreed to under this
clause shall be considered to be the
local adjusted levels of performance
for the eligible recipient for such
years and shall be incorporated into
the local plan.
``(v) Factors.--The agreement described in
clause (iii) or (iv) shall take into account--
``(I) how the levels of performance
involved compare with the local
adjusted levels of performance
established for other eligible
recipients taking into account factors
including the characteristics of
participants when the participants
entered the program and the services or
instruction to be provided; and
``(II) the extent to which such
levels of performance promote
continuous and substantial improvement
on the indicators of performance by
such eligible recipient.
``(vi) Revisions.--If unanticipated
circumstances arise with respect to an eligible
recipient resulting in a significant change in
the factors described in clause (v), the
eligible recipient may request that the local
adjusted levels of performance agreed to under
clause (iii) or (iv) be revised. The eligible
agency shall issue objective criteria and
methods for making such revisions.
``(B) Levels of performance for additional
indicators.--Each eligible recipient may identify in
the local plan, local levels of performance for any
additional indicators of performance. Such levels shall
be considered to be the local levels of performance for
purposes of this title.
``(C) Local report.--
``(i) Content of report.--Each eligible
recipient that receives an allotment under
section 111 shall annually prepare and submit
to the eligible agency a report regarding--
``(I) the progress of such recipient
in achieving the local adjusted levels
of performance on the core indicators
of performance; and
``(II) in the case of an eligible
recipient that receives funds described
in section 112(a) for activities
described in section 135(b)(3), the
progress in achieving the local
adjusted levels of performance on the
core indicators of performance with
respect to tech-prep program
participants.
``(ii) Data.--Each eligible recipient shall--
``(I) disaggregate data for each of
the indicators of performance under
section 113(b)(2) for the categories of
students enumerated under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965
that are served under this Act; and
``(II) identify and quantify any
disparities or gaps in performance
between any such category of students
and the performance of all students
served by the eligible recipient under
the Act.
``(iii) Rules for reporting of data.--The
disaggregation of data under clause (ii) shall
be required except in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or in which the results would
reveal personally identifiable information
about an individual student.
``(iv) Availability.--The report described in
clause (i) shall be made available to the
public through a variety of formats, including
electronically through the Internet.''.
(d) State Report.--Section 113(c) (20 U.S.C. 2323(c)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (4)
and (5), respectively, and inserting after paragraph (1) the
following:
``(2) Data.--Each eligible agency under this subsection
shall--
``(A) disaggregate data for each of the indicators of
performance under section 113(b)(2) for the categories
of students enumerated under section
1111(b)(2)(C)(v)(II) of the Elementary and Secondary
Education Act of 1965 that are served under this Act;
and
``(B) identify and quantify any disparities or gaps
in performance between any such category of students
and the performance of all students served by the
eligible agency under the Act.
``(3) Rules for reporting of data.--The disaggregation of
data under paragraph (2) shall be required except in a case in
which the number of students in a category is insufficient to
yield statistically reliable information or in which the
results would reveal personally identifiable information about
an individual student.''; and
(2) in paragraph (4) (as so redesignated)--
(A) by striking ``special populations'' and inserting
``each of the populations described in section 3(25)
and the populations described in section
1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))'';
and
(B) by striking ``have made'' and inserting ``has
made''.
SEC. 9. NATIONAL ACTIVITIES.
(a) Program Performance Information.--Section 114(a)(3) (20 U.S.C.
2324(a)(3)) is amended by inserting ``in the aggregate'' after
``international comparisons''.
(b) Evaluation and Assessment.--Section 114(c) (20 U.S.C. 2324(c)) is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) Independent advisory panel.--The Secretary shall
appoint an independent advisory panel, consisting of academic
and vocational and technical education educators,
administrators, experts in evaluation, research, and
assessment, representatives of labor organizations, businesses,
parents, guidance and counseling professionals, and other
individuals with relevant expertise, to advise the Secretary on
the implementation of the assessment described in paragraph
(3), including the issues to be addressed and the methodology
of the studies involved to ensure the assessment adheres to the
highest standards of quality. The advisory panel shall transmit
to the Secretary and to Congress an independent analysis of the
findings and recommendations resulting from such assessment.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel established under this subsection.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``the
implementation of the'' after ``and assessment of'';
(B) in subparagraph (B)--
(i) by inserting ``but shall not be limited
to'' after ``paragraph (1) shall include'';
(ii) by striking clauses (i), (ii), (iv), and
(vii) and redesignating clauses (iii), (v),
(vi), and (viii) as clauses (i) through (iv),
respectively;
(iii) in clause (i) (as so redesignated), by
striking ``, and academic, curricula in
vocational and technical education programs,''
and inserting ``education (such as meeting
State established teacher certification or
licensing requirements)''; and
(iv) in clause (ii) (as so redesignated)--
(I) by striking ``and employment
outcomes'' and all that follows through
``including analyses of'' and inserting
``and vocational and technical
education achievement and employment
outcomes of vocational and technical
education students, including analyses
of'';
(II) in subclause (I), by striking
``and tech-prep students'' and
inserting ``and students participating
in the activities described in section
135(b)(3)'';
(III) in subclause (II), by striking
``academic, and vocational and
technical, education'' and inserting
``rigorous and challenging academic and
vocational and technical education,
including a review of the effect of
integrated rigorous and challenging
academic and vocational and technical
education on the achievement of
students''; and
(IV) in subclause (III), by inserting
``, particularly those in which math
and science skills are critical,''
after ``high-skill careers''; and
(C) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``the Committee on
Education and the Workforce of the
House of Representatives and the
Committee on Labor and Human Resources
of the Senate'' and inserting
``Congress''; and
(II) by striking ``2002'' and
inserting ``2009'' both places it
appears; and
(ii) in clause (ii), by striking ``the
Committee on Education and the Workforce of the
House of Representatives, the Committee on
Labor and Human Resources of the Senate,'' and
inserting ``Congress'';
(3) in paragraph (5)(A)--
(A) by striking ``to carry out research'' each place
it appears, and inserting ``to carry out scientifically
based research'';
(B) in clause (i), by inserting ``scientifically
based'' after ``programs, including'';
(C) in clause (ii), by inserting ``that are
integrated with rigorous and challenging academic
education'' after ``implementation of vocational and
technical education programs''; and
(D) in clause (iii)(I), by inserting ``and the
integration of those systems with the academic
education system'' after ``technical education
systems'';
(4) in paragraph (6)--
(A) by striking:
``(6) Demonstrations and dissemination.--
``(A) Demonstration program.--The'', and inserting:
``(6) Demonstrations and dissemination.--The''; and
(B) by striking subparagraph (B); and
(5) in paragraph (8), by striking ``this section'' and all
that follows and inserting ``subsections (a), (b), and (c) of
this section, such sums as may be necessary for each of fiscal
years 2006 through 2011.''
(c) Incentive Grants for Eligible Agencies.--Section 114 is further
amended by adding at the end the following new subsection:
``(d) Incentive Grants for Eligible Agencies.--
``(1) In general.--From funds reserved under section
111(a)(1)(C), the Secretary may award grants to eligible
agencies for exemplary performance in carrying out programs
under this Act. Such awards shall be based on an eligible
agency exceeding State adjusted levels of performance
established under section 113(b) and showing sustained or
significant improvement.
``(2) Special consideration.--In awarding these grants, the
Secretary may consider--
``(A) an eligible agency's success in effectively
developing connections between secondary education and
postsecondary education and training;
``(B) an eligible agency's integration of rigorous
and challenging academic and technical coursework; and
``(C) an eligible agency's progress in having special
populations participating in vocational and technical
education meet State adjusted levels of performance.
``(3) Use of funds.--The funds awarded to an eligible agency
under this subsection may be used to carry out any activities
authorized under section 124, including demonstrations of
innovative programs.''.
SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, AND TRIBALLY
CONTROLLED INSTITUTIONS.
(a) Assistance for the Outlying Areas.--Section 115 (20 U.S.C. 2325)
is amended to read as follows:
``SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.
``(a) Outlying Areas.--From funds reserved pursuant to section
111(a)(1)(A), the Secretary shall--
``(1) make a grant in the amount of $660,000 to Guam;
``(2) make a grant in the amount of $350,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands; and
``(3) make a grant in the amount of $160,000 to the Republic
of Palau.
``(b) Remainder.--Subject to the provisions of subsection (a), the
Secretary shall make a grant of the remainder of funds reserved
pursuant to section 111(a)(1)(A), in equal proportion, to each of Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands,
for the purpose of providing direct vocational and technical
educational services, including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) the improvement of vocational and technical education
and training programs in secondary schools and institutions of
higher education, or improving cooperative education programs
involving both secondary schools and institutions of higher
education.
``(c) Restriction.--The Republic of Palau shall cease to be eligible
to receive funding under this section upon entering into an agreement
for extension of United States educational assistance under the Compact
of Free Association after the date of enactment of the Vocational and
Technical Education for the Future Act.''.
(b) Native American Program.--Section 116 (20 U.S.C. 2326) is
amended--
(1) in subsection (a), by inserting a period at the end of
paragraph (5); and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection (d)''
and inserting ``subsection (c)''; and
(B) in paragraph (2), by striking ``(other than in
subsection (i))''.
(c) Tribally Controlled Institutions.--Section 117 (20 U.S.C. 2327)
is amended--
(1) by amending subsection (b) to read as follows:
``(b) Uses of Grants.--Amounts made available under this section
shall be used for vocational and technical education programs for
Indian students and for institutional support costs of the grant,
including the expenses described in subsection (e).'';
(2) in subsection (c), by inserting after paragraph (2) the
following:
``(3) Indirect costs.--Notwithstanding any other provision of
law or regulation, the Secretary shall not require the use of a
restricted indirect cost rate for grants issued under this
section.'';
(3) by striking subsection (g) and redesignating subsections
(h) and (i) as subsections (g) and (h), respectively; and
(4) in subsection (h) (as so redesignated)--
(A) by striking ``$4,000,000 for fiscal year 1999
and''; and
(B) by striking ``the 4 succeeding fiscal years'' and
inserting ``fiscal years 2006 through 2011''.
(d) Occupational and Employment Information.--Section 118 (20 U.S.C.
2328) is amended--
(1) by amending subsection (b) to read as follows:
``(b) State Level Activities.--
``(1) Designated entity.--In order for a State to receive a
grant under this section, the eligible agency and the Governor
of the State shall jointly designate an entity in the State
responsible for conducting the activities in this subsection.
``(2) Application.--The jointly designated agency shall
submit an application to the Secretary at the same time the
State submits its state plan under section 122. The application
shall be in such a manner and be accompanied by such
information as the Secretary may reasonably require. At a
minimum, the application shall describe how the jointly
designated agency will assist the eligible agency in meeting
its adjusted levels of performance under section 113(b).
``(3) Activities.--The jointly designated agency shall
conduct activities--
``(A) to provide support for career guidance and
academic counseling programs designed to promote
improved career and education decision making by
students (and parents, as appropriate) regarding
education and training options and preparations for
high skill, high wage occupations;
``(B) to make available to students, parents,
teachers, administrators, and counselors, and improve
accessibility to, information and planning resources
that relate academic and vocational and technical
educational preparation to career goals and
expectations;
``(C) to equip teachers, administrators, and
counselors with the knowledge, skills, and occupational
information needed to assist students and parents with
educational and other postsecondary opportunities and
education financing;
``(D) to assist appropriate State entities in
tailoring resources and training for use by such
entities;
``(E) to improve coordination and communication among
administrators and planners of programs authorized by
this Act and by section 15 of the Wagner-Peyser Act (29
U.S.C. 49l-2) at the Federal, State, and local levels
to ensure nonduplication of efforts and the appropriate
use of shared information and data; and
``(F) to provide ongoing means for customers, such as
students and parents, to provide comments and feedback
on products and services and to update resources, as
appropriate, to better meet customer requirements.'';
(2) in subsection (e)(1), by striking ``an identification''
and inserting ``a description''; and
(3) in subsection (f), by striking ``1999 through 2003'' and
inserting ``2006 through 2011''.
SEC. 11. STATE ADMINISTRATION.
Section 121 (20 U.S.C. 2341) is amended to read as follows:
``SEC. 121. STATE ADMINISTRATION.
``(a) Eligible Agency Responsibilities.--The responsibilities of an
eligible agency under this title shall include--
``(1) coordination of the development, submission, and
implementation of the State plan, and the evaluation of the
program, services, and activities assisted under this title,
including preparation for nontraditional fields;
``(2) consultation with the Governor and appropriate
agencies, groups, and individuals including parents, students,
teachers, representatives of businesses, labor organizations,
eligible recipients, State and local officials, and local
program administrators, involved in the planning,
administration, evaluation, and coordination of programs funded
under this title;
``(3) convening and meeting as an eligible agency (consistent
with State law and procedure for the conduct of such meetings)
at such time as the eligible agency determines necessary to
carry out the eligible agency's responsibilities under this
title, but not less than four times annually; and
``(4) the adoption of such procedures as the eligible agency
considers necessary to--
``(A) implement State level coordination with the
activities undertaken by the State boards under section
111 of Public Law 105-220; and
``(B) make available to the service delivery system
under section 121 of Public Law 105-220 within the
State a listing of all school dropout, postsecondary,
and adult programs assisted under this title.
``(b) Exception.--Except with respect to the responsibilities set
forth in subsection (a), the eligible agency may delegate any of the
other responsibilities of the eligible agency that involve the
administration, operation, supervision of activities assisted under
this title, in whole or in part, to one or more appropriate State
agencies.''.
SEC. 12. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``5-year period''
and inserting ``6-year period'';
(B) in paragraph (2)(B), by striking ``5 year State
plan'' and inserting ``6-year period''; and
(C) in paragraph (3), by striking ``(including
employers, labor organizations, and parents)'' and
inserting ``(including charter school authorizers and
organizers, employers, labor organizations, parents,
students, and community organizations)'';
(2) in subsection (b)(1), by striking ``teachers, eligible
recipients, parents, students, interested community members''
and inserting ``academic and vocational and technical education
teachers, eligible recipients, charter school authorizers and
organizers, parents, students, interested community members
(including parent and community organizations), institutions of
higher education'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A)
through (D) as subparagraphs (B) through (E),
respectively, and inserting before such
subparagraphs (as so redesignated) the
following:
``(A) the development of model sequences of courses
for vocational and technical content areas that--
``(i) incorporate both secondary and
postsecondary education elements;
``(ii) include rigorous and challenging
academic content and vocational and technical
content in a coordinated, nonduplicative
progression of courses that align secondary
education with postsecondary education to
adequately prepare sudents to succeed in
postsecondary education;
``(iii) lead to a postsecondary 1-year
certificate, associate or baccalaureate degree,
or a proficiency credential in conjunction with
a secondary school diploma; and
``(iv) may be adopted by local educational
agencies and postsecondary institutions to be
offered as an option to students (and their
parents as appropriate), when choosing future
coursework;'';
(ii) in subparagraph (B) (as so
redesignated), by inserting ``and how the
eligible agency will distribute information
identifying eligible recipients that offer
elements of the model sequences of courses''
before the semicolon;
(iii) by amending subparagraph (C) (as so
redesignated) to read as follows:
``(C) the criteria that will be used by the eligible
agency to evaluate and approve eligible recipients for
funds under this title, including criteria to assess
the extent to which the local plan will promote
continuous and substantial improvement in academic
achievement and technical skill attainment;'';
(iv) in subparagraph (D) (as so
redesignated)--
(I) by inserting ``, both
academically and technically,'' after
``students''; and
(II) by striking ``; and'' and
inserting ``, and how participating
students will be made aware of such
opportunities;'';
(v) in subparagraph (E) (as so redesignated),
by inserting ``aligned with rigorous and
challenging academic content'' before the
semicolon; and
(vi) by inserting after subparagraph (E) (as
so redesignated) the following:
``(F) the process through which the eligible agency
will develop the secondary or postsecondary elements of
the model sequences of courses described in
subparagraph (A);
``(G) the role that any eligible recipients
successfully implementing the activities described in
section 135(b)(3) will play in assisting other eligible
recipients in establishing agreements and plans for
coordinating the offering of model sequences of courses
to students at both the secondary and postsecondary
levels;
``(H) how funds will be used effectively to link
secondary and postsecondary academic and vocational and
technical education in a manner that increases student
academic and vocational and technical achievement; and
``(I) how the eligible agency will report the
integration of rigorous and challenging academics in
vocational and technical education programs in order to
adequately evaluate the quality of such integration;'';
(B) by amending paragraph (2) to read as follows:
``(2) describes how comprehensive professional development
(including initial teacher preparation and activities that
support recruitment) for vocational and technical, academic,
guidance, and administrative personnel will be provided,
especially professional development that--
``(A) promotes the integration of rigorous and
challenging academic and vocational and technical
education curriculum development;
``(B) increases the percentage of teachers that meet
teacher certification or licensing requirements;
``(C) increases the academic and industry knowledge
of vocational and technical education teachers; and
``(D) encourages applied learning that contributes to
the academic and vocational and technical knowledge of
the student;'';
(C) in paragraph (3), by inserting ``academic and
vocational and technical'' after ``parents,'';
(D) in paragraph (5)(A)--
(i) by inserting ``(especially as pertaining
to math, science, and technology)'' after
``academic and technical skills''; and
(ii) by striking ``core academic, and
vocational and technical, subjects'' and
inserting ``core academic subjects (as defined
in section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801(11))), and vocational and technical
subjects'';
(E) in paragraph (11), by inserting ``and
technology'' after ``equipment'';
(F) by striking paragraph (19) and redesignating
paragraphs (12) through (18) as paragraphs (13) through
(19), respectively;
(G) by inserting after paragraph (11) the following:
``(12) describes how the eligible agency will ensure that any
entity in the State that purchases equipment with funds under
this Act will dispose of that equipment in such a manner as to
ensure that any personally identifiable information contained
in that equipment will be totally destroyed prior to, or as
part of, the disposition;'';
(H) in paragraph (18) (as so redesignated), by
striking ``training and employment'' and inserting
``fields''; and
(I) by redesignating paragraphs (20) and (21) as
paragraphs (22) and (23), respectively, and inserting
after paragraph (19) (as so redesignated) the
following:
``(20) describes how the eligible agency will award grants,
on a competitive basis or on the basis of a formula determined
by the eligible agency, using funds described in section 112
(a) (1) for activities described in section 135(b)(3);
``(21) describes how the eligible agency will carry out
measurable, sustainable, and coordinated tech-prep activities
in the State (as described in section 135(b)(3)), with funds
allocated under section 112(a), that are developed in
consultation with the entities described in subsection (b)(1)
and that effectively prepare students for post-secondary
education or employment in high-demand occupations through a
seamless program of study consisting of appropriate advanced
academic and technical courses that include a minimum of 2
years of secondary school preceding graduation and a minimum of
2 years of higher education or an apprenticeship program of at
least 2 years following secondary instruction;''; and
(4) by striking subsections (d) and (f) and redesignating
subsection (e) as subsection (d).
SEC. 13. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended to read as follows:
``SEC. 123. IMPROVEMENT PLANS.
``(a) State Program Improvement.--
``(1) Plan.--If a State fails to meet the agreed upon State
adjusted levels of performance required under section
113(b)(3), the eligible agency shall develop and implement a
program improvement plan (with special consideration to
performance gaps identified under section 113(c)(2)) in
consultation with the appropriate agencies, individuals, and
organizations for the first program year succeeding the program
year in which the eligible agency failed to meet the State
adjusted levels of performance, in order to avoid a sanction
under paragraph (3).
``(2) Technical assistance.--If the Secretary determines that
an eligible agency is not properly implementing the eligible
agency's responsibilities under section 122, or is not making
substantial progress in meeting the purposes of this Act, based
on the State's adjusted levels of performance, the Secretary
shall work with the eligible agency to implement improvement
activities consistent with the requirements of this Act.
``(3) Subsequent action.--
``(A) In general.--If an eligible agency fails to
meet the State adjusted levels of performance and the
purposes of this Act, has not implemented an
improvement plan as described in paragraph (1), has
shown no improvement within 1 year after implementing
an improvement plan as described in paragraph (1), or
has failed to meet the State adjusted levels of
performance and the purposes of this Act for 2 or more
consecutive years, the Secretary may, after notice and
opportunity for a hearing, withhold from the eligible
agency all, or a portion of, the eligible agency's
allotment under this title.
``(B) Waiver for exceptional circumstances.--The
Secretary may waive the sanction in subparagraph (A)
due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the
State.
``(4) Funds resulting from reduced allotments.--
``(A) In general.--The Secretary shall use funds
withheld under paragraph (3) for a State served by an
eligible agency, to provide (through alternative
arrangements) services and activities within the State
to meet the purposes of this Act.
``(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under paragraph (3),
then the amount of funds retained by the Secretary as a
result of a reduction in an allotment made under
paragraph (3) shall be redistributed to other eligible
agencies in accordance with section 111.
``(b) Local Program Improvement.--
``(1) Local evaluation.--Each eligible agency shall evaluate
annually, using the local adjusted levels of performance
described in section 113(b)(4), the vocational and technical
education activities of each eligible recipient receiving funds
under this title.
``(2) Plan.--
``(A) In general.--If, after reviewing the
evaluation, the eligible agency determines that an
eligible recipient is not making substantial progress
in achieving the local adjusted levels of performance,
or that an eligible recipient demonstrates under
section 113(b)(4)(C) persistent or a widening of
performance gaps between multiple categories of
students served by the eligible recipient in comparison
to all students in the State served under the Act, the
eligible agency shall--
``(i) conduct an assessment of the
educational needs that the eligible recipient
shall address to overcome local performance
deficiencies;
``(ii) enter into an improvement plan
agreement with an eligible recipient based on
the results of the assessment, for the first
program year succeeding the program year in
which the eligible recipient failed to meet the
local adjusted levels of performance, which
plan shall demonstrate how the local
performance deficiencies will be corrected and
include strategies for professional development
and instructional and other programmatic
innovations of demonstrated effectiveness,
giving special consideration to performance
gaps identified under section 113(b)(4)(C); and
``(iii) conduct regular evaluations of the
progress being made toward reaching the local
adjusted levels of performance as described in
section 113(b)(4) and progress on implementing
the improvement plan.
``(B) Consultation.--The eligible agency shall
conduct the activities described in paragraph (2) in
consultation with teachers, parents, other school
staff, appropriate agencies, and other appropriate
individuals and organizations.
``(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities under
section 134, or is not making substantial progress in meeting
the purpose of this Act, based on the local adjusted levels of
performance, the eligible agency shall provide technical
assistance to the eligible recipient to assist such recipient
in carrying out the improvement activities consistent with the
requirements of this Act.
``(4) Subsequent action.--
``(A) In general.--If an eligible recipient fails to
meet the local adjusted levels of performance as
described in section 113(b)(4) and the purposes of this
Act, has not implemented an improvement plan as
described in paragraph (2), has shown no improvement
within 1 year after implementing an improvement plan as
described in paragraph (2), or has failed to meet the
local adjusted levels of performance and the purposes
of this Act for 2 or more consecutive years, the
eligible agency may, after notice and opportunity for a
hearing, withhold from the eligible recipient all, or a
portion of, the eligible recipient's allotment under
this title.
``(B) Waiver for exceptional circumstances.--The
eligible agency may waive the sanction under this
paragraph due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
``(5) Funds resulting from reduced allotments.--The eligible
agency shall use funds withheld under paragraph (4) to continue
to provide (through alternative arrangements) services and
activities in the area served by such recipient to meet the
purpose of this Act.''.
SEC. 14. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``learning'' and
inserting ``education'';
(B) in paragraph (2)--
(i) by inserting ``, and the required math
and science education,'' after ``use of
technology in vocational and technical
education''; and
(ii) in subparagraph (B)--
(I) by inserting ``(including the
math and science knowledge that
provides a strong basis for such
skills)'' after ``technical skills'';
and
(II) by striking ``and
telecommunications field'' and
inserting ``fields, including
nontraditional fields'';
(C) in paragraph (3)--
(i) by inserting ``at the secondary and
postsecondary levels'' after ``academic,
guidance, and administrative personnel'';
(ii) by redesignating subparagraphs (A)
through (D) as subparagraphs (C) through (F),
respectively, and inserting before such
subparagraphs (as so redesignated) the
following:
``(A) will provide inservice and preservice training
for vocational and technical education teachers in the
integration and use of rigorous and challenging
academics with vocational and technical subjects;
``(B) are high quality, sustained, intensive, and
classroom-focused in order to have a positive and
lasting impact on classroom instruction and the
teacher's performance in the classroom, and are not 1-
day or short-term workshops or conferences;'';
(iii) in subparagraph (C) (as so
redesignated)--
(I) by inserting ``scientifically
based'' after ``based on''; and
(II) by striking ``; and'' and
inserting a semicolon;
(iv) in subparagraph (D) (as so
redesignated), by striking ``assist students in
meeting'' and inserting ``improve student
achievement in order to meet''; and
(v) by amending subparagraph (E) (as so
redesignated) to read as follows:
``(E) will support education programs for teachers of
vocational and technical education in public schools
and other public school personnel who are involved in
the direct delivery of educational services to
vocational and technical education students to ensure
that teachers and personnel--
``(i) stay current with the needs,
expectations, and methods of industry;
``(ii) meet teacher certification or
licensing requirements, especially in core
academic subjects as defined in section
9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11));
``(iii) effectively develop integrated
rigorous and challenging academic and
vocational and technical education curriculum;
``(iv) develop a high level of academic and
industry knowledge and skills necessary to
provide effective instruction in vocational and
technical education; and
``(v) effectively use applied learning that
contributes to the academic and vocational and
technical knowledge of the student; and'';
(D) in paragraph (4), by striking ``integration of
academics'' and all that follows through ``core
academic,'' and inserting ``provision of rigorous and
challenging academics that are integrated with
vocational and technical education to ensure
achievement in the core academic subjects (as defined
in section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11))),'';
(E) in paragraph (5), by striking ``training and
employment'' and inserting ``fields'';
(F) in paragraph (6), by inserting ``and complete a
model sequence of courses, as described in section
122(c)(1)(A)'' after ``technical skills'';
(G) in paragraph (7), by striking ``; and'' and
inserting a semicolon;
(H) in paragraph (8), by striking the period and
inserting ``; and''; and
(I) by inserting after paragraph (8) the following:
``(9) technical assistance for eligible recipients.''; and
(2) in subsection (c)--
(A) by striking paragraph (1), and redesignating
paragraphs (2) through (10) as paragraphs (1) through
(9), respectively, and paragraphs (11) and (12) as
paragraphs (12) and (13), respectively;
(B) in paragraph (9) (as so redesignated), by
inserting ``that prepare individuals academically and
technically for current and emerging occupations in
demand'' after ``education courses''; and
(C) by inserting after paragraph (9) (as so
redesignated) the following:
``(10) awarding incentive grants to eligible recipients for
exemplary performance in carrying out programs under this Act,
which awards shall be based on--
``(A) eligible recipients exceeding challenging
performance measures established under section 113(b)
in a manner that reflects sustained or significant
improvement;
``(B) eligible recipients effectively developing
connections between secondary education and
postsecondary education and training;
``(C) the adoption and integration of rigorous and
challenging academic and technical coursework;
``(D) an eligible recipient's progress in having
special populations participating in vocational and
technical education programs meet local adjusted levels
of performance; or
``(E) other factors relating to the performance of
the eligible recipient under this Act as the eligible
agency determines are appropriate;
``(11) providing for activities to support entrepreneurship
education and training;''.
SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
(1) by striking subsection (a) and redesignating subsections
(b) through (i) as subsections (a) through (h), respectively;
(2) in subsection (a) (as so redesignated)--
(A) in the subsection heading, by striking
``Special'' and ``for Succeeding Fiscal Years''; and
(B) by striking ``for fiscal year 2000 and succeeding
fiscal years''; and
(3) in subsection (b) (as so redesignated)--
(A) by striking ``subsection (b)'' and inserting
``subsection (a)''; and
(B) by striking ``(42 U.S.C. 9902(2))'' and inserting
``(42 U.S.C. 9902(2)))''.
SEC. 16. ELIMINATION OF REDISTRIBUTION RULE.
Section 133 (20 U.S.C. 2353) is amended by striking subsection (b)
and redesignating subsections (c) and (d) as subsections (b) and (c),
respectively.
SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION PROGRAMS.
Section 134(b) (20 U.S.C. 2354(b)) is amended--
(1) in paragraph (2), by inserting ``and local'' after
``State'';
(2) in paragraph (3)--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively, and
inserting before such subparagraphs the following:
``(A) offer the appropriate courses of at least one
of the model sequences of courses described in section
124(c)(1), as appropriate to the eligible recipient
responsible for that element of the sequence;'';
(B) in subparagraph (B) (as so redesignated)--
(i) by inserting ``rigorous and challenging''
after ``integration of''; and
(ii) by inserting ``subjects (as defined by
section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801(11)))'' after ``core academic''; and
(C) in subparagraph (D) (as so redesignated), by
inserting ``rigorous and'' after ``taught to the
same'';
(3) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively, and inserting after
paragraph (3) the following:
``(4) describe how comprehensive professional development
(including initial teacher preparation) for vocational and
technical, academic, guidance, and administrative personnel
will be provided that promotes the integration of rigorous and
challenging academic and technical education (including
curriculum development);'';
(4) in paragraph (5) (as so redesignated)--
(A) by inserting ``academic and vocational and
technical'' after ``students,''; and
(B) by inserting ``(including the eligible recipients
that offer elements of the model sequence of courses)''
after ``such individuals and entities''; and
(5) in paragraph (8) (as so redesignated)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by inserting ``and'' after
the semicolon; and
(C) by inserting after subparagraph (B) the
following:
``(C) will provide activities to prepare special
populations, including single parents and displaced
homemakers, for high skill, high wage occupations that
will lead to self-sufficiency;''.
SEC. 18. LOCAL USE OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``to ensure
learning in the core academic'' and inserting ``as
established in the State-developed model sequences of
courses described in section 122(c)(1)(A) to ensure
learning in the core academic subjects (as defined by
section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11)))'';
(B) by striking paragraph (8);
(C) by redesignating paragraphs (2) through (7) as
paragraphs (4) through (9), respectively, and inserting
after paragraph (1) the following:
``(2) link secondary vocational and technical education and
postsecondary vocational and technical education, including
offering model sequences of courses and implementing tech-prep
programs consistent with the activities described in paragraph
(3);
``(3) support tech-prep programs (if the eligible recipient
receives the funds from the eligible agency under section
112(a)(1)) that--
``(A) are carried out under an articulation agreement
between the participants in a consortium, which shall
include--
``(i) a local educational agency, an
intermediate educational agency or area
vocational and technical education school
serving secondary school students, or a
secondary school funded by the Bureau of Indian
Affairs; and
``(ii)(I) a nonprofit institution of higher
education that offers--
``(aa) a 2- or 4-year degree
program, or a 2-year
certificate program, and is
qualified as an institution of
higher education pursuant to
section 102 of the Higher
Education Act of 1965 (20
U.S.C. 1002) (except those
institutions described in
section 102(a)(1)(C) of such
Act), including an institution
receiving assistance under the
Tribally Controlled College or
University Assistance Act of
1978 (25 U.S.C. 1801 et seq.)
and a tribally controlled
postsecondary vocational and
technical institution; or
``(bb) a 2-year
apprenticeship program that
follows secondary instruction,
if such nonprofit institution
of higher education is not
prohibited from receiving
assistance under part B of
title IV of the Higher
Education Act of 1965 (20
U.S.C. 1071 et seq.) pursuant
to the provisions of section
435(a)(3) of such Act (20
U.S.C. 1083(a)); or
``(II) a proprietary institution of higher
education that offers a 2-year associate degree
program and is qualified as an institution of
higher education pursuant to section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002),
if such proprietary institution of higher
education is not subject to a default
management plan required by the Secretary,
and may include nonprofit organizations that provide
eligible recipients with technology and programs to
enhance math and science skills, employers, and labor
organizations;
``(B) consist of a minimum of 2 years of secondary
school preceding graduation and a minimum of 2 years of
higher education, or an apprenticeship program of at
least 2 years, following secondary instruction;
``(C) meet academic standards developed by the State,
including standards developed under section 1111 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311) for secondary students, and support
proficiency in mathematics, science, reading, writing,
communications, and technologies;
``(D) are comprised of model sequences of courses
that integrate rigorous and challenging academics and
vocational and technical education;
``(E) provide technical preparation in a career field
such as engineering technology; applied science; a
mechanical, industrial, or practical art or trade;
agriculture; health occupations; business; applied
economics; advanced manufacturing; or other high-skill,
high-wage, high-demand occupations as determined by the
State;
``(F) use, if appropriate and available, work-based
or worksite learning in conjunction with academic and
vocational and technical education;
``(G) use educational technology and distance
learning, as appropriate, to involve all the consortium
partners more fully in the development and operation of
programs;
``(H) facilitate and promote close working
relationships among eligible recipients to ensure that
programs within a geographic area are closely
integrated with tech-prep program activities;
``(I) are sustainable and use performance indicator
data, described in section 113, to inform program
quality;
``(J) include academic and career counseling for
participants that provides information to students (and
parents, as appropriate) regarding tech-prep programs
and supports student progress in completing tech-prep
programs;
``(K) include in-service training for teachers that--
``(i) provides for joint training for
teachers in tech-prep programs; and
``(ii) is designed to ensure that teachers
and administrators stay current with the needs,
expectations, and methods of business and all
aspects of an industry; and
``(L) provide students with transferable credit
between the consortium members, as described in
subparagraph (A), and may include programs that allow
secondary programs to be co-located on postsecondary
campuses;'';
(D) in paragraph (5) (as so redesignated)--
(i) by inserting ``, and the related math and
science education'' after ``use of technology
in vocational and technical education'';
(ii) in subparagraph (B)--
(I) by inserting ``(including the
math and science knowledge that
provides a strong basis for such
skills)'' after ``technical skills'';
and
(II) by striking ``and
telecommunications field'' and
inserting ``fields''; and
(iii) in subparagraph (C)--
(I) by striking ``work'' and
inserting ``collaborate''; and
(II) by inserting ``that improve the
math and science knowledge of
students'' after ``mentoring
programs'';
(E) in paragraph (6) (as so redesignated)--
(i) by striking ``teachers,'' and inserting
``secondary and postsecondary teachers,
instructors,''; and
(ii) in subparagraph (A), by striking ``in
effective teaching skills based on research''
and inserting ``in effective integration of
rigorous and challenging academic and
vocational and technical education, in
effective teaching skills based on
scientifically based research''; and
(F) by inserting after paragraph (9) (as so
redesignated) the following:
``(10) provide activities to prepare special populations,
including single parents and displaced homemakers, for high
skill, high wage occupations that will lead to self
sufficiency.''; and
(2) in subsection (c)--
(A) in paragraph (2), by inserting ``, regarding the
range of postsecondary options available, including for
adult students who are changing careers or updating
skills'' before the semicolon;
(B) in paragraph (5), by inserting ``, including the
establishment and operation of special arrangements
with industry partners that allow qualified industry
professionals to serve as faculty in postsecondary
programs'' before the semicolon;
(C) in paragraph (8), by striking ``aides'' and
inserting ``aids and publications'';
(D) in paragraph (9), by inserting ``that address the
integration of academic and vocational and technical
education and'' after ``teacher preparation programs'';
(E) by redesignating paragraphs (10) through (14) as
paragraphs (12) through (16), and paragraph (15) as
paragraph (19), respectively, and inserting after
paragraph (9) the following:
``(10) to develop and expand postsecondary program offerings
that are accessible by students, including the use of distance
education;
``(11) to provide activities to support entrepreneurship
education and training;'';
(F) in paragraph (12) (as so redesignated), by
inserting ``, including development of new proposed
model sequences of courses for consideration by the
eligible agency and courses that prepare individuals
academically and technically for current and emerging
occupations that are in demand, and dual enrollment
opportunities by which secondary vocational and
technical education students could obtain postsecondary
credit to count towards an associate or baccalaureate
degree'' before the semicolon;
(G) by amending paragraph (16) (as so redesignated)
to read as follows:
``(16) to support training in nontraditional fields;''; and
(H) by inserting after paragraph (16) (as so
redesignated) the following:
``(17) to provide accurate information relating to the
availability of supportive services available in an area served
by the eligible recipient, and referral to such services, as
appropriate;
``(18) to support the activities described in subsection
(b)(3); and''.
SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT.
Title II (20 U.S.C. 2071 et seq.) is repealed.
SEC. 20. GENERAL PROVISIONS.
(a) Redesignation of Title III.--
(1) Redesignation.--Title III (20 U.S.C. 2391 et seq.) is
amended--
(A) by striking section 318;
(B) by redesignating such title as title II of such
Act; and
(C) by redesignating sections 311 through 317 as
section 211 through 217 and sections 321 through 325 as
sections 221 through 225, respectively.
(2) Table of contents amendment.--The table of contents in
section 1(b) is amended--
(A) by striking the items relating to title III; and
(B) by amending the items relating to title II to
read as follows:
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school children and personnel.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Limitation on Federal regulations.
``Sec. 225. Student assistance and other Federal programs.''.
(b) Fiscal Requirements.--Section 211(b) (20 U.S.C. 2391(b)) (as so
redesignated) is amended by inserting after paragraph (2) the
following:
``(3) Definition.--For purposes of this subsection, the term
`preceding fiscal year' means the Federal fiscal year or the
12-month fiscal period used by a State for official reporting
purposes, prior to the beginning of the Federal fiscal year in
which funds are available for obligation by the Secretary.''.
(c) Participation of Private School Children and Personnel.--Section
217 (as so redesignated) is amended to read as follows:
``SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND PERSONNEL.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency that is eligible to receive funds under this Act, or
that serves the area in which a program assisted under this Act
is located, who are enrolled in private nonprofit elementary
schools and secondary schools, or, with respect to
instructional or personnel training programs funded by an
eligible agency, the local educational agency, after
consultation with appropriate private school officials--
``(A) shall provide, on an equitable basis and as may
be necessary, for the benefit of such children in such
schools, secular, neutral, and nonideological services
(or other benefits), materials, and equipment,
including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs; or
``(B) if such services, materials, and equipment are
not feasible or necessary in one or more such private
schools (as determined by the local educational agency
after consultation with the appropriate private school
officials), shall provide such other arrangements as
will assure equitable participation of such children in
the purposes and benefits of this Act.
``(2) Application of requirements.--The requirements of this
section relating to the participation of children, teachers,
and other personnel serving such children shall apply to
programs carried out under this Act by an eligible agency or
local educational agency, whether directly or through grants
to, or contracts with, other public or private agencies,
institutions, or organizations.
``(b) Equal Expenditures.--
``(1) In general.--Expenditures for programs under subsection
(a) shall be equal (consistent with the number of children to
be served) to expenditures for programs under this Act for
children enrolled in the public schools of the local
educational agency.
``(2) Concentrated programs.--When funds available to a local
educational agency under this Act are used to concentrate
programs on a particular group, attendance area, or grade or
age level, the local educational agency shall, after
consultation with the appropriate private school officials,
assure the equitable participation in both the purposes and
benefits of such programs for children enrolled in private
schools who are included within the group, attendance area, or
grade or age level selected for such concentration, taking into
account the needs of the individual children and other factors
that relate to the expenditures referred to in paragraph (1).
``(c) Administrative Requirements.--
``(1) Funds, materials and equipment.--
``(A) Funds.--The control of funds expended under
this section shall be administered by a public agency.
``(B) Materials and equipment.--The title to
materials and equipment provided under this section,
shall remain with a public agency for the uses and
purposes provided in this Act
``(2) Provision of services.--Services provided under this
Act shall be provided by employees of a public agency or
through contract by such a public agency with a person,
association, agency, organization, institution or corporation
that, in the provision of such services, is independent of the
private school and of any religious organizations, and such
employment or contract shall be under the control and
supervision of such a public agency. The funds utilized under
this section shall not be commingled with State or local funds.
``(3) Timing and content of consultation.--The consultation
required under this section shall include meetings of agency
and private school officials and shall occur before the
eligible agency and local educational agency makes any decision
that affects the opportunities of eligible private school
children to participate in programs under this Act. Such
meetings shall include a discussion of service delivery
mechanisms (including third party contractors) and shall
continue throughout implementation and assessment of services
under this Act.
``(d) Waiver and Bypass Procedures.--
``(1) State prohibition.--If an eligible agency or local
educational agency is prohibited, by reason of any provision of
law, from providing for the participation in programs of
children enrolled in private elementary schools and secondary
schools as required by subsections (a) through (c), the
Secretary shall waive such requirements for the agency involved
and shall arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section.
``(2) Failure to comply.--If the Secretary determines that an
eligible agency or a local educational agency has substantially
failed, or is unwilling, to provide for the participation on an
equitable basis of children enrolled in private elementary
schools and secondary schools as required by subsections (a)
through (c), the Secretary may waive such requirements and
shall arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section.
``(3) Payment from state allotment.--When the Secretary
arranges for services under this subsection, the Secretary
shall, after consultation with the appropriate public school
and private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the eligible agency
under this Act.
``(4) Duration of determination.--Any determination by the
Secretary under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the Act of the eligible agency or local
educational agency to meet the requirements of subsections (a)
through (c).
``(5) Review of determination.--The Secretary shall not take
any final action under this section until the eligible agency
and the local educational agency affected by such action have
had an opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to show
cause why that action should not be taken.
``(e) Withholding of Allotment or Allocation.--Pending final
resolution of any investigation or complaint that could result in a
waiver under subsection (d)(1) or (d)(2), the Secretary may withhold
from the allotment or allocation of the affected eligible agency or
local educational agency the amount estimated by the Secretary to be
necessary to pay the cost of services to be provided by the Secretary
under such subsection.
``(f) Prior Determination.--Any bypass determination by the Secretary
under Title I or Title IX of the Elementary and Secondary Education Act
of 1965 shall, to the extent consistent with the purposes of this Act,
apply to programs under this Act until such determinations terminate or
expire.''.
Purpose
H.R. 366, the Vocational and Technical Education for the
Future Act, strengthens and improves the Carl D. Perkins
Vocational and Technical Education Act by enhancing local
accountability, introducing model sequences of courses that
incorporate both secondary and postsecondary elements in a non-
duplicative progression of courses, and merging the stand-alone
Tech-Prep program with the Basic State Grant program. The bill
reauthorizes the Act through 2011.
Committee Action
108TH CONGRESS
Subcommittee hearings
On April 27, 2004, the Subcommittee on Education Reform
held a hearing on Examining Success in Vocational Education.
This hearing was the first hearing in preparation for the
reauthorization of vocational and technical education, and it
highlighted successful local vocational and technical education
programs under the Carl D. Perkins Vocational and Technical
Education Act. The testifying witnesses included Ms. Sandy
Walls-Culotta, Principal, Sussex Technical High School,
Georgetown, Delaware; Dr. Robin White, President/CEO, Great
Oaks Institute of Technology and Career Development,
Cincinnati, Ohio; Dr. Carl Wong, Superintendent of Schools,
Sonoma County Office of Education, Santa Rosa, California; Dr.
Thomas E. Barton, Jr., President, Greenville Technical and
Community College, Greenville, South Carolina; and Ms. Marie
Zwickert, Area Academy Manager for New England and Ohio Valley,
CISCO Systems, Columbia, Maryland.
On May 4, 2004, the Subcommittee on Education Reform held a
hearing on Strengthening Vocational Education. This hearing was
the second of the vocational and technical education hearings,
and examined vocational and technical education programs from a
State and national perspective. Ms. Betsy Brand, Co-Director of
the American Youth Policy Forum, Washington, D.C.; Mrs. Jean C.
Stevens, Assistant Commissioner for the Office of Curriculum
and Instructional Support, New York State Education Department,
Albany, New York; Ms. Sandy Dunkel, Division Administrator for
the Career Development Division, Illinois State Board of
Education, Springfield, Illinois; Dr. Bill A. Ihlenfeldt,
President, Chippewa Valley Technical College, Eau Claire,
Wisconsin; and Ms. Brenda Quinn, Chief Executive Officer,
Intelitek, Inc., Manchester, New Hampshire, testified before
the Subcommittee.
On June 14, 2004, the Subcommittee on Education Reform held
a hearing on H.R. 4496, the Vocational and Technical Education
for the Future Act. The hearing allowed the Subcommittee to
gather input and comments from the vocational education
community on the major provisions in the bill. Dr. Robert D.
Sommers, CEO, Butler Technology and Career Development Schools,
Fairfield Township, Ohio; Ms. Mimi Lufkin, Executive Director,
National Alliance for Partnerships in Equity, Cochranville,
Pennsylvania; Mrs. Katherine Oliver, Assistant State
Superintendent for Career, Technology and Adult Learning,
Maryland State Department of Education, Baltimore, Maryland;
and Ms. Robin White, Senior Program and Policy Director,
Academy for Educational Development, National Institute for
Work and Learning, Washington, D.C., testified before the
Subcommittee.
Legislative action
On June 3, 2004, Education Reform Subcommittee Chairman
Michael Castle (R-DE), along with Chairman John Boehner (R-OH)
and Representative Joe Wilson (R-SC), introduced H.R. 4496, the
Vocational and Technical Education for the Future Act, a bill
to strengthen, and improve the Carl D. Perkins Vocational and
Technical Education Act.
On July 14, 2004, the Subcommittee on Education Reform
considered H.R. 4496 in legislative session and favorably
reported the bill, as amended, by voice vote to the Committee
on Education and the Workforce. The Subcommittee considered
three amendments and adopted the following two amendments:
The Subcommittee adopted by voice vote an
amendment in the nature of a substitute offered by Subcommittee
Chairman Castle. The substitute amendment contained the
following changes:
Updates the hold-harmless provision in current law to
ensure that each state receives at least as much as the
state received in FY 2004 under the basic state grant
and the previous stand-alone Tech-Prep program, and
ensures that states will have available at least as
much state leadership funds as in 2004;
Alters the requirement specifying how tech-prep
activities will continue to receive funding;
Improves the provision of tech-prep services,
including requiring a description of such services in
the state plan, updating the definition of articulation
agreements, and tying tech-prep activities to the
state-developed performance indicators;
Requires that local recipients of Perkins funding
provide activities to prepare special populations,
including displaced homemakers, for high-skill, high
wage occupations that will lead to self-sufficiency,
and requires local recipients to describe such
activities in their local plan;
Permits local recipients of Perkins funds to provide
students with information about and referral to
supportive services;
Allows the Department of Education and states to
consider the performance of special populations as one
of several factors used to award incentive grants;
Requires local recipients to report (with data
disaggregated for disadvantaged, race/ethnicity,
disability, LEP) on their progress in achieving local
adjusted levels of performance on core indicators in
the same manner as in the No Child Left Behind Act;
Improves the professional development of vocational
and technical education teachers;
Retains current law maintenance of effort; and,
Makes other technical and clarifying amendments.
The Subcommittee adopted, by voice vote, an
amendment offered by Representative Tom Osborne (R-NE), which
allows local recipients of federal vocational and technical
education to offer entrepreneurial education activities.
On July 21, 2004, the Committee on Education and the
Workforce considered H.R. 4496 in legislative session and
favorably reported the bill, as amended, by voice vote to the
House of Representatives. The Committee considered ten
amendments and adopted the following two amendments:
The Committee adopted, by voice vote, a substitute
amendment offered by Subcommittee Chairman Castle. The
substitute amendment contained the following changes:
Provides for the equitable participation of private
school students in federally funded vocational and
technical education programs;
Restores local administrative funds to five percent
of the local recipient's grant, as in current law;
Ensures that any personally identifiable information
is totally destroyed before the sale or destruction of
equipment;
Allows nonprofit organizations that provide
technology and operate programs to enhance math and
science skills to participate in tech-prep consortia;
and,
Makes other clarifying and technical amendments.
The Committee adopted, by a vote of 46-0, an
amendment offered by Chairman Boehner to allow programs for
advanced manufacturing to be included in local tech-prep
activities.
109TH CONGRESS
Subcommittee hearing
On February 15, 2005, the Subcommittee on Education Reform
held a hearing on H.R. 366, the Vocational and Technical
Education for the Future Act. The hearing provided the
vocational education community with the opportunity to share
their feedback and comments regarding the newly re-introduced
Perkins reauthorization bill with the Subcommittee. The hearing
was also an opportunity to educate and familiarize new
Subcommittee members with the issue of vocational and technical
education. Dr. Lewis L. Atkinson III, Associate Secretary of
Education, Adult Education & Workforce Development, Delaware
Department of Education, Dover, Delaware; Dr. Joanna Kister,
Educational Consultant, Columbus, OH; Dr. Patrick Ainsworth,
Assistant Superintendent and Director, Secondary,
Postsecondary, and Adult Leadership Division, California
Department of Education, Sacramento, California; Ms. Emily
Simons, Vocational and Technical Education Student, Eastern
Technical School, Baltimore, Maryland; and Mr. Russ Moore,
Chief Executive Officer, Central Educational Center, Newnan,
Georgia, testified before the Subcommittee.
Legislative action
On January 26, 2005, Education Reform Subcommittee Chairman
Michael Castle (R-DE), and Chairman John Boehner (R-OH)
introduced H.R. 366, the Vocational and Technical Education for
the Future Act, a bill to strengthen, and improve the Carl D.
Perkins Vocational and Technical Education Act. Original
cosponsors included Rep. Howard P. ``Buck'' McKeon (R-CA), Rep.
Vernon J. Ehlers (R-MI), and Rep. Joe Wilson (R-SC). The bill
is substantially the same as H.R. 4496, which was reported to
the House in the 108th Congress.
On March 9, 2005, the Committee on Education and the
Workforce considered H.R. 366 in legislative session and
favorably reported the bill, as amended, by voice vote to the
House of Representatives. The Committee considered eight
amendments and adopted the following two amendments:
The Committee adopted, by voice vote, a substitute
amendment offered by Subcommittee Chairman Castle. The
substitute amendment contained the following changes:
Clarifies that for accountability purposes, one of
the core indicators of performance for secondary
schools includes student attainment of a secondary
school diploma or other state-recognized equivalent
(including recognized alternative standards for
individuals with disabilities), General Education
Development credential (GED), or proficiency credential
in conjunction with a secondary school diploma;
Allows local recipients to provide dual enrollment
opportunities by which secondary vocational and
technical education students could obtain postsecondary
credits that count toward an associate or baccalaureate
degree; and
Makes other clarifying and technical amendments.
The Committee adopted, by voice vote, an amendment
offered by Representative Robert Scott (D-VA), which ensures
that the secondary and postsecondary academic and vocational
and technical courses in a model sequence of courses are
aligned and adequately prepare students to succeed in
postsecondary education.
Summary
The Vocational and Technical Education for the Future Act
reauthorizes the programs under the Carl D. Perkins Vocational
and Technical Education Act through 2011, and helps state and
local communities strengthen vocational and technical education
and improve educational opportunities for students.
H.R. 366 supports student academic and vocational and
technical achievement. It requires that academic courses for
vocational and technical students be rigorous and challenging.
The bill emphasizes student achievement in core academic
subjects, as defined by the No Child Left Behind Act, and math
and science education that incorporates the use of technology.
In addition, local recipients of federal Perkins funds may
offer vocational and technical education programs to provide
entrepreneurial education and activities, enhancing learning
opportunities for students.
The bill requires states to develop model sequences of
courses for vocational and technical program areas. Sequences
of courses would incorporate both secondary and postsecondary
elements, and include rigorous and challenging academic and
vocational and technical content in a coordinated, non-
duplicative progression of courses. Model sequences of courses
should lead to a degree or credential and may be adopted by
local educational agencies and postsecondary institutions as an
option to offer students, and their parents as appropriate to
the age of the student. The bill specifies that local
recipients will offer the courses (appropriate to the type of
recipient) of at least one model sequence of courses.
H.R. 366 allows equitable participation of private school
students in vocational and technical education programs, making
the Act consistent with other education programs such as the No
Child Left Behind Act and the House-passed Individuals with
Disabilities Education Act.
The Vocational and Technical Education for the Future Act
seeks to improve program quality and results through state and
local accountability. The bill would establish separate
performance indicators for secondary and postsecondary
vocational and technical education students. Local recipients
of Perkins funding would establish local adjusted levels of
performance, just as states currently develop statewide
expected levels of performance for each indicator.
H.R. 366 establishes incentive grants to states that exceed
their own state-developed, challenging performance measures and
reflect sustained or significant improvement. The incentive
grants are rewarded to states that have developed connections
between secondary and postsecondary education, integrated
rigorous academic and technical coursework, or achieved
successful outcomes for special populations. The bill would
also permit states to award incentive grants to local
recipients for exemplary performance in carrying out vocational
and technical education programs.
The bill insists states make continuous and substantial
improvement in the academic and vocational and technical
achievement of students. Local recipients would establish local
improvement plans if they are not making substantial progress
in achieving local levels of performance. The bill would permit
states to apply sanctions to local recipients that, after
receiving technical assistance, fail to show improvement within
one year of implementing an improvement plan or fail to meet
the local adjusted levels of performance for two or more
consecutive years.
The bill streamlines and targets federal funding while
maintaining local control. The Vocational and Technical
Education for the Future Act would combine funding for the
Perkins state grant and Tech-Prep programs into one program,
and incorporate the activities of Tech-Prep into the basic
grant program as local activities. H.R. 366 improves the
quality of tech-prep activities by increasing articulation and
credit transfer agreements between secondary schools and
postsecondary education institutions, through identified
progressions of courses that culminate in a postsecondary
degree, credential or certificate.
H.R. 366 is authorized at $1,307,000,000 for fiscal year
2006 and such sums as may be necessary for each of fiscal years
2007 through 2011. The bill provides a hold harmless at the
state level by specifying that states will receive at least the
amount received in combined Tech-Prep and basic grant funds in
FY 05. H.R. 366 targets more funds directly for services to
students by limiting to two percent or $250,000, whichever is
greater, the share of state grant dollars that may be used for
state administration. As a result, 88 percent of a state's
funds would be spent at the local level. States must spend at a
minimum the amount previously provided in FY 05 through the
Tech-Prep program to support tech-prep activities. Under the
bill, states are allowed to spend not more than ten percent, or
at least as much as they did in FY 05, on state leadership
activities.
The bill clarifies that nothing in the law shall authorize
the federal government to mandate or control a state, local
educational agency, or school's instructional content, and
curriculum; specifies that states are not required to have
academic content or student academic achievement standards
approved or certified by the federal government in order to
receive funds under this law; and ensures a state's refusal to
apply for funds under the Perkins Act does not prevent that
state from receiving funds under other federal education
programs.
The Vocational and Technical Education for the Future Act
would enhance professional development for teachers. It
emphasizes in-service and pre-service professional development
opportunities for vocational and technical education teachers
for the integration of academics and technical subjects;
ensures professional development programs are high quality,
sustained, intensive, and classroom focused and are not one-day
or short-term sessions; and supports professional development
programs to ensure an increasing number of vocational and
technical education teachers meet teacher certification and
licensing requirements, especially in core academic subjects.
These changes are consistent with professional development
provisions in the No Child Left Behind Act.
Committee Views
The Vocational and Technical Education for the Future Act
builds on reforms made to the Perkins Act in 1998. The 1998
reforms increased the focus on ensuring that participating
students at both the secondary and postsecondary levels
acquired academic and technical skills, as well as completed
their respective programs and transitioned into further
education and successful employment. H.R. 366 would emphasize
student achievement, increase accountability, strengthen
opportunities for coordination between secondary and
postsecondary vocational and technical education, and help
states better utilize federal funds for secondary and
postsecondary vocational and technical education programs.
These reforms would enhance educational opportunities for the
millions of students participating in these programs.
Model sequences of courses
H.R. 366 emphasizes student academic and vocational and
technical achievement by establishing a provision for the state
development of model sequences of courses for vocational and
technical program areas. Sequences of courses, which are a
current law concept, incorporate both secondary and
postsecondary education elements, and include rigorous and
challenging academic and vocational and technical content in a
coordinated, non-duplicative progression ofcourses. Sequences
of courses lead to a degree or credential and may be adopted by local
educational agencies and postsecondary institutions as an option to
offer students and their parents. The bill specifies that local
recipients will offer the appropriate courses of at least one model
sequence of courses as developed by the state. This change aims to
ensure that students are offered both rigorous and challenging academic
and vocational and technical education courses for the vocational and
technical program area of their choice as well as clearly make students
aware of the postsecondary education and training options they have
available to them following secondary school graduation. The Committee
does not intend that students be required to complete any sequence of
courses; as with all classes, it intends that students and parents be
offered choices and participation is voluntary. The Committee believes
that model sequences of courses will promote rigorous academic course-
taking and increase linkages between secondary and postsecondary
education so that students who complete model sequences of courses will
be better prepared for postsecondary education and other postsecondary
options. The research is clear that rigorous academic curriculum is the
most reliable predictor of success in postsecondary education. As a
framework for instruction, model sequences of courses can improve
transitions between secondary and postsecondary education by aligning
coursework and reducing remediation. The sequences of courses also
ensure that students understand the steps necessary to achieve high
school graduation with a standard diploma as well as the secondary
education they will need to complete to be prepared for postsecondary
education and other postsecondary opportunities.
The Committee encourages high expectations for both the
academic and the vocational and technical components of the
model sequence of courses. For instance, to establish rigorous
and challenging content, a state should examine its current
coursework expectations and evaluate whether the range of
academic expectations are sufficient to ensure students are
well prepared for the next step in their educational
preparation. The Committee also wants to clarify that the
sequence of courses should take into account the basic
knowledge needed by students. It is appropriate to use Perkins
funds to support activities that impart the knowledge necessary
for students to gather, comprehend, evaluate and relay data
efficiently and effectively, particularly from sources such as
the internet.
During the June 14, 2004 Education Reform subcommittee
hearing, Mrs. Katharine Oliver, Assistant State Superintendent
for Career Technology and Adult Learning for the Maryland
Department of Education, applauded the model sequences of
courses concept and explained how a similar initiative has been
successful in her state.
Model sequences of courses highlight career and
educational options and prepare students and their
parents to make informed decisions. They help students
navigate the world of opportunity by highlighting what
courses to take to reach diverse career and educational
goals. Model sequences of courses are like road maps
that display the various routes for the journey to
one's destination. They outline the classes necessary
for high school graduation and highlight additional
academic and [career and technical education] courses,
as well as recommend other experiences, such as
internships, that supplement classroom learning. They
also help high school students focus on their own
future and provide the information needed to make
decisions about high school and college.
Strengthened accountability
Current law requires states to create a ``performance
accountability system.'' The basis of the system is the core
indicators of performance, which are specified in the Act, and
the adjusted levels of performance, which are negotiated
between the state and the Secretary of Education. H.R. 366
contains a provision that establishes separate performance
indicators appropriate for secondary and postsecondary
education students. This change allows secondary schools and
postsecondary institutions to report on results more suitable
to either secondary or postsecondary education students. Under
the bill, secondary school vocational and technical education
students' attainment of the academic content and achievement
standards established by the state under section 1111 (b)(1) of
the Elementary and Secondary Education Act of 1965 (also known
as the No Child Left Behind Act or NCLB) is a core indicator of
such students' performance. The Committee believes that this
will improve the integration of instruction of academic and
vocational and technical education and will ensure that
vocational education students are taking rigorous and
challenging academic classes in addition to their vocational
and technical classes so they will be prepared for
postsecondary education and other postsecondary options. H.R.
366 does not require additional academic assessments for
vocational and technical education students. Vocational and
technical education students are currently required to take the
assessments required under NCLB. The Committee does not intend
for H.R. 366 to be interpreted to exclude vocational and
technical education students from these assessments or to
require them to take additional academic assessments.
Accountability is further strengthened in the bill by new
language that requires local recipients of Perkins funding to
establish local adjusted levels of performance, just as states
currently do. The bill provides for local improvement plans for
local recipients not making substantial progress in achieving
local levels of performance and permits sanctions for repeated
failure to achieve these levels. This new language mirrors what
currently goes on between the states and the Secretary and sets
up a similar system between states and locals. Under current
law and practice, locals continue to receive Perkins funding
even if their programs are very low quality. The Committee
believes this change will drive program improvement and
increase academic achievement for vocational and technical
education students.
If a local recipient fails to meet its local adjusted
levels of performance, section 123(b)(2) of the bill requires
the eligible agency to enter into an improvement plan agreement
with the recipient that demonstrates how its performance will
be improved through professional development and other
strategies. The agreement must be made for the ``first program
year succeeding the program year in which the eligible
recipient failed to meet the local adjusted levels of
performance.''
The Committee recognizes that, because funding and
reporting cycles are not aligned, an eligible agency generally
will not know at the time it awards subgrants whether a local
recipient has met its local adjusted levels of performance for
the prior year. The state generally will award subgrants for
the next school year before eligible recipients have reported
performance data on the preceding school year. For example, an
eligible agency will award subgrants for the 2005-06 school
year during the summer of 2005, but will not receive local
performance reports for the 2004-05 school year until the fall
of 2005. For this reason, there will be a one-year lag
inimplementing improvement plans. If an eligible recipient did not
meets its local adjusted levels of performance during the 2004-05
school year, for example, the state would begin working with local
officials to develop an improvement plan during early 2006 and a plan
must be agreed upon at the time the state awards subgrants during the
summer of 2006. The plan would be implemented during the 2006-07 school
year.
Section 123(b)(4) authorizes an eligible agency to
withhold, after notice and an opportunity for a hearing, all or
a portion of an eligible recipient's allotment under certain
circumstances: (1) if the recipient has not implemented an
agreed-upon improvement plan; or (2) if the recipient has
failed to meet its adjusted levels of performance and the
purposes of the Act for two or more consecutive years. The
Committee expects that eligible agencies will follow the
example of the Department in implementing this program by
considering the performance of local recipients on all the
performance indicators and in meeting the purposes of the Act.
Again, because the funding and reporting cycles are different,
there will be a one-year lag in implementing any sanctions. If,
for example, a local recipient failed to meet its local
adjusted levels of performance for the 2004-05 and 2005-06
school years, the eligible agency would have the discretion to
withhold all or a portion of the subgrant that would be awarded
to the recipient for 2007-08 school year. Local recipients are
thus provided considerable time to improve their performance
before the state may apply any sanctions and sanctions should
reflect the degree of inadequate performance.
Dr. Bob Sommers, CEO of the Butler Technology and Career
Development Schools in Fairfield Township, Ohio, succinctly
summarized the benefit of strengthened accountability for local
programs and vocational and technical education in general. He
testified at a hearing on June 15, that,
[t]he establishment of consequences for poor
performance at the state and local level are critical
to moving career-technical education quality forward.
It is not a popular issue among educators, but it must
occur if we are to disinvest in poor quality
programming and support high quality programming. It
further refines the legislation's already solid focus
on student performance. Establishing annual performance
targets at the local level are a positive and useful
part of this provision. Local education providers must
learn to set clear performance improvement targets
annually. This provision in the bill will support this
process and is consistent with major continuous
improvement concepts.
Reporting
To help ensure local accountability, H.R. 366 requires each
eligible recipient that receives federal vocational and
technical education funding to submit a report to the eligible
state agency that specifies the progress of the recipient in
achieving its local adjusted levels of performance on the core
indicators. In addition, any recipient that receives funding
from the state specifically for tech-prep activities must
report to the state the progress that tech prep program
participants are making in achieving the local adjusted levels
of performance on the core indicators.
Local recipients must disaggregate the data for the report
by the same categories for which data is disaggregated in the
Elementary and Secondary Education Act (ESEA), as amended by
the No Child Left Behind Act (NCLB). These categories include
disadvantaged individuals, race and ethnicity, disability, and
limited English proficiency. Data is not reported for
individual students. Such recipients then must identify any
disparities or gaps in performance between any categories of
students and the performance of all students served by the
eligible recipient. Because states and local educational
agencies already disaggregate data for these categories under
the ESEA, this requirement should place no new burden on
eligible recipients. Disaggregation shall not be required if
the number of students in a category is insufficient to yield
statistically reliable information or which the results would
reveal personally identifiable information about an individual
student. Local recipients shall make the report available
through a variety of formats, including the Internet.
Similarly, current law requires each state to report to the
Secretary on the progress of the state in achieving the state
adjusted levels of performance on the core indicators. The bill
requires states to disaggregate this data in the same way local
eligible recipients must, also using the categories specified
in the ESEA.
Current law also requires that the annual report each state
submits to the Secretary shall include a quantifiable
description of the progress special populations participating
in vocational and technical education have made in meeting the
state adjusted levels of performance. H.R. 366 builds upon this
report by requiring that the state report include the progress
that each of the special populations and the populations for
which states report data on their annual state report card
under the ESEA has made on the performance indicators. This
reporting requirement should help states identify successes or
weaknesses in serving the needs of special populations through
vocational and technical education, just as the state report
cards created through the NCLB help states identify academic
challenges faced by such populations, so that performance gaps
can be recognized and addressed.
Tech-Prep and basic State grant merger
The most recent National Assessment for Vocational
Education (NAVE) reported that the Tech-Prep program has yet to
produce a seamless vocational and technical education program
that coordinates both secondary and postsecondary educational
activities. Research indicates that the program has experienced
a haphazard implementation and that few programs can be
identified in the field as ``Tech-Prep'' as defined in current
law. The Committee believes that Tech-Prep funding has been
used at times more for loosely held articulation agreements
rather then non-duplicative, secondary and postsecondary
education linked programs for students. According to the
research, funds are rarely focused on developing the well-
defined programs that link secondary school with at least two
years of postsecondary education, commonly called 2+2 or 2+4
programs. One of the Key Findings of the NAVE states:
Tech-Prep is rarely implemented as comprehensive
program of study; implementation focuses on individual
components of Tech-Prep, some of which are becoming
more common in vocational education in general.
Few consortia or schools implement Tech-Prep as a
structured program with at least two years of clearly
linked high school course work and at least two years
of related postsecondary course work (the ``two-plus-
two'' design). More typically schools implement
components of the Tech-Prep model--maintaining
articulation agreements, providing professional
development on integration to academic or vocational
teachers, and improving career guidance and planning.
Many of these activities are becoming part of secondary
vocational education more broadly, and little change
has occurred at the postsecondary level to accommodate
Tech-Prep students. As a result, Tech-Prep efforts have
become less distinct from those of regular vocational
education.'' (NAVE Page 172)
While articulation agreements exist on paper, there is a
dearth of coherent, integrated programs of study. Programs are
often defined by articulation agreements; however, they are
rarely used by participating students to gain advanced
standing, if and when they enter postsecondary institutions.
According to the NAVE report, estimates have shown that only 15
percent of Tech-Prep students earn articulated credit at
postsecondary institutions (NAVE Page 185). As a result,
students repeat instruction they already received in high
school. Secondary and postsecondary ``partners'' are often
connected by only a funding stream and, sometimes, a Tech-Prep
coordinator. In some states, the federal Tech-Prep funds are
allocated separately to secondary and postsecondary
institutions, creating very little incentive for cross-level
collaboration. Based on this research, the Committee believes
that the Tech-Prep program can be improved by combining it with
the Basic State Grant program, revising the definition, and
requiring greater accountability within the program.
H.R. 366 maintains the Tech-Prep concept and offers several
improvements. Under the bill, funding for the Perkins state
grant and Tech-Prep programs are combined into one program,
incorporating the activities of Tech-Prep, which was not
intended to be a permanent program, into the Basic State Grant
program. Local recipients must use these funds for tech-prep
activities as outlined in the bill. As in current law, Tech-
Prep programs must establish articulation agreements that
outline the purpose and activities of the program. The revised
definition of ``Articulation Agreement'' in the bill requires
that the agreement must be ``facilitated by the lead
administrators of the secondary and postsecondary consortia
members''. It is the Committee's intention that states use the
development of articulation agreements to facilitate improved
coordination and communication between secondary and
postsecondary vocational and technical education programs. By
improving coordination between secondary and postsecondary
programs, students who participate in tech-prep activities can
move seamlessly from secondary to postsecondary vocational and
technical education programs and be assured that these programs
lead to postsecondary academic and employment opportunities.
H.R. 366 also requires that tech-prep activities include
credit transfer agreements, through identified progressions of
courses that culminate in a postsecondary degree, credential or
certificate, and allow for the co-location of secondary
programs on postsecondary campuses. In addition, the bill
includes enhanced professional development for Tech-Prep
teachers, and requires the use of performance indicator data to
inform program quality.
The authorization of appropriations for the bill retains
the combined basic state grant and Tech-Prep FY04 funding
level. States must spend the same amount of money on Tech-Prep
activities as was done in FY04. States will distribute these
funds to eligible recipients before distributing the remainder
of the local portion of the basic state grants.
Professional development
The Vocational and Technical Education for the Future Act
continues the effort started in the 1998 reauthorization of the
Perkins Act to promote greater integration of rigorous and
challenging academics into vocational and technical education
programs. Vocational and technical education teachers and
academic teachers are critical to this effort. The Committee
believes that vocational and technical education teachers
should not only teach their students industry content and
skills, but they should also increase student knowledge of the
underlying academic disciplines that are a part of each field.
However, it is clear that most professional development
activities are not focused on how to achieve integration and do
not promote collaboration between academic and vocational and
technical education teachers.
H.R. 366 amends the professional development requirements
in sections 122, 124, and 134 of current law, providing a
stronger focus on the integration of academic and vocational
and technical education. The Committee believes that
integration can be achieved when collaborative opportunities
exist for academic and vocational and technical education
teachers in professional development activities. Additionally,
the Committee strongly encourages states through state
leadership activities to direct attention to increasing the
percentage of vocational and technical education teachers that
meet teacher certification or licensing requirements and
increasing teachers' knowledge of the effective use of applied
learning that contributes to the academic and vocational and
technical knowledge of students.
Program improvements
H.R. 366 makes various other improvements to current law.
One such improvement is removing the requirement in current law
that maintains an eligible recipient must expend all its
Perkins funding within the fiscal year the grant has been
allocated. States will have one additional year in which to
expend their funds. The Committee believes this change will
give locals more flexibility to use Perkins funds in a manner
that best responds to their needs.
Additionally, the bill clarifies that nothing in the law
shall authorize the federal government to mandate or control a
state, local educational agency, or school's instructional
content, and curriculum. This language mirrors provisions found
in the NCLB Act. H.R. 366 also specifies that states are not
required to have academic content or student academic
achievement standards approved or certified by the federal
government in order to receive funds under the law. Thirdly,
the bill ensures a state's refusal to apply for funds under the
Perkins Act does not prevent that state from receiving funds
from other federal education programs.
The Committee notes that under current law, local entities
may use their federal funds for ``leasing, purchasing,
upgrading or adapting equipment, including instructional
aids''. The changes in H.R. 366 expand this language to also
include 'publications.' The intent of this change is to clarify
the ability of recipients to use a portion of their funding for
publications used to assist students participating in
vocational and technical education programs. Specifically,
school systems may purchase, for use in the classroom or in the
school library, vocational and technical education-related
periodicals and databases that provide essential data on
vocational and technical education and related postsecondary
opportunities for use by students participating in vocational
and technical education.
The Committee is committed to improving the participation
of special populations, including single parents and displaced
homemakers, in vocational and technical education programs that
lead to high skill, high wage occupations. H.R. 366 contains
provisions to improve the success of special populations in
vocational and technical education. The bill requires local
recipients to use funds for activities that prepare single
parents, including pregnant and parenting teens, and displaced
homemakers for high skill, high wage occupations that will lead
to self sufficiency, and to describe these activities in their
local plan. The Committee believes examples of such activities
include outreach, recruitment, counseling, life skills
development, vocational assessment and testing, supportive
services, financial literacy training, and job readiness
preparation.
The bill includes a new section that provides for the
equitable participation of private school students in federally
funded vocational education programs. This section includes
proportional funding, equitable participation, consultation
requirements and bypass procedures. The addition of this
language brings the Perkins program in line with the other
major federal education laws which also ensure equitable
participation. Currently the No Child Left Behind Act,
including programs under Title I, Reading First, Even Start,
Migrant Children, Teacher and Principal Training and
Recruitment Fund, Math and Science Partnerships, Enhancing
Education through Technology grants, Title III programs for
limited English proficient and immigrant students, Safe and
Drug Free Schools, 21st Century Learning Centers, Title V
Innovative Programs, and the Gifted and Talented Program, as
well as the Individuals with Disabilities Education Act, ensure
that eligible students and teachers in private schools are
allowed to participate on an equitable basis.
National activities
The Vocational and Technical Education for the Future Act
focuses and streamlines the scientifically based research,
dissemination, evaluation, and assessment required by the Act.
Under the bill, the independent evaluation must include an
evaluation and assessment of the implementation of vocational
and technical education programs under the Act. The evaluation
also must include a review of the effect of integrated rigorous
and challenging academic and vocational and technical education
on the achievement of students participating in vocational and
technical education programs. The assessment must also include
a description of the extent to which vocational and technical
education programs prepare students for employment in high-
wage, high-skill fields, with an emphasis on math and science
skills. These changes have been made in response to the 2004
National Assessment for Vocational Education (NAVE). The report
was sent to Congress nearly two years late and the Committee
believes that it is necessary to streamline expectations and
send a clear message of what information is to be gathered and
researched. Therefore, the breadth of what is to be researched
and reported on has beensignificantly reduced in the bill. The
Committee expects that future NAVE reports will be submitted in a
timely manner so that future reviews of the Perkins Act authorization
can be fully informed of the current status of vocational and technical
education.
H.R. 366 creates new national incentive grants to encourage
and reward exemplary state performance under this Act. Under
current law, incentive grants are awarded through section 503
of the Workforce Investment Act. The pending reauthorization of
that Act creates a stand-alone incentive system for the WIA
programs only. Consequently, the Committee has created in H.R.
366 a separate incentive structure for vocational and technical
education.
Using the 0.54 percent of federal funding set-aside for
this purpose, the Secretary may award grants to eligible
agencies. The Secretary shall base the awards on an eligible
agency exceeding the state adjusted levels of performance
established for both secondary and postsecondary vocational and
technical education students and showing sustained or
significant improvement. While the Committee believes that
states' attainment of its performance measures is most
critical, the Committee also encourages specific programmatic
efforts that can help drive program achievement. Therefore, the
Secretary, when awarding incentive grants, also may consider an
eligible agency's success in effectively developing connections
between secondary education and postsecondary education and
training, integration of rigorous and challenging academic and
technical coursework, and progress in having special
populations participating in vocational and technical education
meet state adjusted levels of performance. (Similarly, states
may provide incentive grants to local eligible recipients,
based on similar criteria.)
To reflect the desire to improve outcomes for special
populations, including through the promotion of nontraditional
fields, H.R. 366 includes the progress of special populations
in meeting the performance indicators as a factor in awarding
both the state and local incentive grants.
Guidance and counseling
Under current law, the Perkins law authorizes federal
funding to support state career guidance and academic
counseling programs. The Committee believes these activities
should be tied directly to and support the provision of
vocational and technical education activities of the Act.
Therefore, H.R. 366 requires the Governor and the eligible
agency in a state to designate an entity responsible for the
provision of occupational and employment information. The
jointly designated entity shall submit an application to the
Secretary at the same time the state submits its state plan for
vocational and technical education. At a minimum, the
application shall describe how the jointly designated agency
will assist the eligible agency in meeting its adjusted levels
of performance for the performance indicators established for
secondary and postsecondary vocational and technical education
students. The Committee anticipates that the activities
provided through these grants can and should impact state
program performance under the basic state grant. For instance,
career guidance and academic counseling can help educate
students, and their parents, about education and training
options available to them. When students, assisted by their
parents and provided information by counselors and teachers,
make choices regarding secondary and postsecondary education
options with the full knowledge of the kinds of academic and
technical coursework necessary for completion, and the
postsecondary options and occupations available to them upon
completion, the Committee believes that more students will
complete secondary and appropriate postsecondary education.
Updated terminology
H.R. 366 ensures that the academic education for vocational
and technical education students will be rigorous and
challenging, and emphasizes student achievement in core
academic subjects, as defined by the No Child Left Behind Act
(NCLB). The Committee believes that the emphasis on rigorous
and challenging academics will help to better serve students
enrolled in vocational and technical education programs.
Additionally, the bill requires that research be
``scientifically based research,'' also as defined in NCLB.
The Committee updated the definition of ``vocational and
technical education'' with new language that emphasizes that
vocational and technical education courses should provide
students with the rigorous and challenging academic and
technical knowledge and skills they need in preparation for
further education or the workplace. The Committee believes that
this preparation can certainly be for fields that require a
baccalaureate degree. The definition therefore permits
vocational and technical education to include programs that
culminate in a baccalaureate degree and not just those which
have an associate's degree as the highest degree attainable.
The definition is further updated to clarify that vocational
and technical education may ``include the provision of skills
or courses necessary to enroll in a sequence of courses.'' This
language was added to ensure that students, particularly adult
learners, can receive instruction in basic skills and refresher
courses that they might need in order to take a sequence of
courses that ``provides, at the postsecondary level, for a 1-
year certificate, an associate degree, or industry recognized
credential.''
The bill replaces the term ``nontraditional training and
employment'' with ``nontraditional fields.'' While the
definition remains largely unchanged from current law, the
Committee has included the phrase ``current high skill
occupations.'' Current law only specifies ``emerging high skill
occupations.''
The Committee added ``supportive services'' as a defined
term in the law. Supportive services include such services as
transportation, child care, dependent care, and needs-based
payments that are necessary to enable an individual to
participate in vocational and technical education activities.
The Committee recognizes that special populations, including
single parents and displaced homemakers, may need supportive
services, such as child care and transportation, to be able to
participate successfully in vocational and technical education.
The Committee does not believe that Perkins money should pay
for these services, since numerous other federal, state, and
local programs provide supportive services. However, H.R. 366
allows the provision of information relating to supportive
services, and referral to providers of these types of services,
as a permissive use of local funds in order to reduce the
barriers faced by special populations.
Conclusion
The Committee believes that vocational and technical
education plays a critical role in America's secondary and
postsecondary education systems. It is a fundamental part of
the Committee's efforts to improve education at all levels. The
Vocational and Technical Education for the Future Act bolsters
the focus on rigorous and challenging academics coupled with
vocational and technical education. The Committee believes that
all vocational and technical education should also provide
clear connections with the options beyond high school that most
Americans need for continued success. H.R. 366 fulfills those
high standards.
Section by Section Analysis
Section 1--Short Title. Cites the short title as the
Vocational and Technical Education for the Future Act.
Section 2--References. States that any amendment in this
Act to repeal or amend a section or a provision repeals or
amends a section or provision of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
Section 3--Purposes and Definitions. Amends Section 2(2)
and Section 3 of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301(2) and 2302). Inserts
``rigorous and challenging'' to strengthen the academic,
vocational, and technical instruction. Removes the separate
definition of the term ``Tech-Prep Program,'' and defines or
modifies the current definition of the following terms:
``Articulation Agreement,'' ``Career Guidance and Academic
Counseling,'' ``Cooperative Education,'' ``Eligible
Institution,'' ``Scientifically Based Research,'' ``Special
Populations,'' ``Supportive Services,'' and ``Vocational and
Technical Education.'' Replaces ``Nontraditional Training and
Employment'' with ``Nontraditional Fields.'' Adds language
making technical corrections to current law.
Section 4--Transition Provisions. Amends Section 4 of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2303). Changes outdated reference language referring
to past and current law, and allows 1 full fiscal year for
planning and implementation.
Section 5--Authorization of Appropriations. Amends Section
8 of the Carl D. Perkins Vocational and Technical Education Act
of 1998 (20 U.S.C. 2307). Authorizes $1,307,000,000 for fiscal
year 2006 and such sums for fiscal years 2007 through 2011.
This authorization does not pertain to Sections 114, 117, and
118.
Section 6--Prohibitions. Amends the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2301
et seq.). Adds a new section prohibiting the following:
unfunded federal mandates, preclusion of States from other
available services provided by the Secretary of Education, the
requirement of federal standards of academic content or student
academic achievement for assistance under this Act (precluding
any other provision of federal law), and language stating that
this section does not affect requirements under Section 113.
Section 7--Allotment and Allocation to States. Amends
Section 111(a) and Section 112 of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2321
and 2322). Requires the Secretary to reserve certain
percentages of appropriated funds under Section 8 of the Carl
D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2301 et seq.) for carrying out National Activities,
Assistance for the Outlying Areas, and Native American
Programs. Adds language updating a hold harmless for certain
State allotments and providing a technical correction. Updates
the funding allocation formula.
Section 8--Accountability. Amends Section 113 of the Carl
D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2323). Adds language including a local performance
accountability system. Adds language focusing the core
indicators of performance for secondary students and tying them
to the standards established by the State under Section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1). Includes allowances for individuals
with disabilities and special characteristics, and adds student
graduation rates as described in Section 1111(b)(2)(C)(vi) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi) as an indicator of performance. Adds a new
subparagraph establishing core indicators of performance for
postsecondary students. Adds language that requires States to
make ``continuous and substantial improvement,'' and that
outlines specific State and local levels of performance for
subsequent years, to be included in the State and local plans.
Requires eligible agencies to submit an annual report, in which
the data is disaggregated and according to categories
enumerated under Section 1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(v)(II)), except when the data would not be useful
due to sample size or would reveal personally identifiable
information. Requires the State report to disaggregate the data
in the same manner, and modifies ``special populations'' to
include populations described in Section 3(25) of this Act and
in Section 1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)). Requires
States and locals to identify and quantify any disparities or
gaps in performance between any of the categories of students
and the remainder of students served by the eligible recipient.
Adds language updating antiquated terms and making technical
corrections.
Section 9--National Activities. Amends Section 114 of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2324). Continues to allow the National Center for
Education Statistics to internationally compare its collected
data, but now in the aggregate. Adds language modifying the
Independent Advisory Panel and the Evaluation and Assessment,
eliminating the Demonstration Partnership but continuing the
Demonstration Program, as well as making clarifying and
technical changes. Authorizes appropriations for subsections a,
b, and c of this section at such sums for fiscal years 2006
through 2011. Adds a new subsection instituting incentive
grants for eligible agencies that demonstrate exemplary
performance in carrying out programs under this Act.
Section 10--Outlying Areas, Native American Programs, and
Tribally Controlled Institutions. Amends Section 115, Section
116, Section 117, and Section 118 of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2325,
2326, 2327, and 2328). Specifies dollar amounts for grants to
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Republic of Palau. Redistributes excess funds
in equalproportion to Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, for the purposes of
providing direct vocational and technical education services. Restricts
the Republic of Palau from receiving funds under this section upon
entering into agreement for extension of United States educational
assistance under the Compact of Free Association. Requires the
Secretary to confer and allow participation of representatives of
Indian tribes, tribal organizations, and individual tribe members.
Directs assistance to students enrolled in postsecondary vocational and
technical education programs. Requires the Governor of the State and
the eligible entity to designate an entity in the State responsible for
conducting the State Level Activities, and requires that agency to
submit an application to the Secretary. Specifies the activities that
agency will conduct. Removes an outdated provision and makes clarifying
and technical changes.
Section 11--State Administration. Amends Section 121 of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2341). Specifies the duties and responsibilities of
an Eligible Agency, and allows for the delegation of
responsibilities that involve administration operation and
supervision of activities to one or more appropriate State
agencies.
Section 12--State Plan. Amends Section 122 of the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2342). Extends the plan from covering a 5 year period to
a 6 year period. Expands the groups involved in the Hearing
Process and Plan Development, as well as in vocational and
technical education programs. Adds to the plan contents
language regarding the development of model sequences of
courses, how information is distributed, how integration
quality is reported, and the criteria that will be used to
evaluate and approve eligible recipients. Requires for the
destruction of personal information during equipment disposal
process. Modifies existing language to strengthen the plan, to
clarify the role of the eligible recipients and the use of
funds, to specify results of comprehensive professional
development, to define ``core academic subjects'' as they are
described in Section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11)), and to focus
student improvement. Removes outdated language from the plan
and replaces it with language describing how eligible agencies
will award grants for local activities, and how eligible
agencies will carry out measurable, sustainable, and
coordinated tech-prep activities. Updates antiquated terms.
Section 13--Improvement Plans. Amends Section 123 of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2343). Modifies existing State Program Improvement
subsection to allow for technical assistance to eligible
agencies failing to meet adjusted levels of performance, to
allow the sanction of eligible agencies that need to but have
not implemented an improvement plan, to create a waiver for
special circumstances, and to direct the funds withheld due to
sanctions. Modifies the existing Local Program Improvement
subsection to provide for the annual evaluation of the adjusted
levels of performance, to create an improvement plan if
performance gaps exist, to allow for technical assistance and
sanctions, to create a waiver for special circumstances, and to
direct funds resulting from reduced allotments.
Section 14--State Leadership Activities. Amends Section 124
of the Carl D. Perkins Vocational and Technical Education Act
of 1998 (20 U.S.C. 2344). Adds language to the required use of
funds that does the following: places an emphasis on learning,
math and science education, scientifically based research, and
improving student achievement; enhances professional
development; enhances academic integration; supports
partnerships and completion of model sequences of courses;
supports entrepreneurship education and training; and changes
technical assistance from a permissible use of funds to a
required use of funds. Adds language to the permissible use of
funds subsection that focuses education courses on current and
emerging occupations in demand and allows for the awarding of
incentive grants to eligible recipients for exemplary
performance. Updates antiquated language.
Section 15--Distribution of Funds to Secondary School
Programs. Amends Section 131 of the Carl D. Perkins Vocational
and Technical Education Act of 1998 (20 U.S.C. 2351). Removes
outdated language, and updates existing language.
Section 16--Elimination of Redistribution Rule. Amends
Section 133 of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2353). Removes the subsection
requiring eligible recipients to return funds that were not
able to be spent within one academic year.
Section 17--Local Plan for Vocational and Technical
Education Programs. Amends Section 134(b) of the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2354(b)). Adds to or modifies the contents of the local
plan to do the following: update and strengthen it, include
model sequences of courses, describe how comprehensive
professional development will be provided, integrate rigorous
and challenging academics and vocational and technical
education, and provide opportunities to special populations,
including single parents and displaced homemakers, for high
skill, high wage occupations that will lead to self-
sufficiency.
Section 18--Local Use of Funds. Amends Section 135 of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2355). Updates Requirements for Uses of Funds to
specify that funds are to be used to support vocational and
technical education programs that link secondary and
postsecondary vocational and technical education and that
reflect the inclusion of model sequences of courses, the
implementation of tech prep programs, and the integration of
core academic subjects as they are described in Section
9101(11) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(11)). Programs are also to develop, improve, or
expand the use of technology and math and science knowledge and
education in vocational and technical education. Other required
uses of funds include strengthening teacher training and the
provision of activities for special populations and displaced
homemakers. Language in this section adds the following as
activities under permissive use of funds: career guidance and
academic counseling regarding postsecondary options (including
for some adults), local education and business partnerships
(including special arrangements allowing qualified industry
professionals to serve as faculty in postsecondary programs),
the support of entrepreneurship education and training, the
expansion of postsecondary options (including distance
education), the development of new model sequences of courses,
and the provision of information regarding supportive services.
Also makes clarifying and technical changes and updates
antiquated terms.
Section 19--Repeal of Tech-Prep Education Act. Repeals
Title II of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2071 et seq.).
Section 20--General Provisions. Repeals Title II of the
Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2071 et seq.). Redesignates Title III of the Carl D.
Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2391 et seq.) as Title II and redesignates sections
accordingly. Strikes Section 318 of the Carl D. Perkins
Vocational and Technical Education Act of 1998. Amends Sections
211(b) and 217 (20 U.S.C. 2391) (as so redesignated) of the
Carl D. Perkins Vocational and Technical Education Act of 1998.
Adds a new subsection defining the term ``the preceding fiscal
year.'' Adds language to provide for the equal participation of
students enrolled in private, non-profit elementary and
secondary schools in the general and concentrated services and
programs funded under the Act. Requires that the provision of
services be carried out by employees of a public agency or
contracted entities of a public agency, acting separately from
any private school or religious organization, and outlines
actions to be taken when the eligible agency does not or cannot
provide these services. Makes clarifying and technical changes.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 366, the ``Vocational and Technical
Education for the Future Act,'' strengthens and improves the
Carl D. Perkins Vocational and Technical Education Act by
enhancing local accountability, introducing model sequences of
courses that incorporate both secondary and postsecondary
elements in a non-duplicative progression of courses, and
merging the stand-alone Tech-Prep program with the Basic State
Grant program. This bill does not prevent legislative branch
employees from receiving the benefits of this legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 366 strengthens and improves the Carl D. Perkins
Vocational and Technical Education Act by enhancing local
accountability, introducing model sequences of courses that
incorporate both secondary and postsecondary elements in a non-
duplicative progression of courses, and merging the stand-alone
Tech-Prep program with the Basic State Grant program. As such,
the bill does not contain any unfunded mandates.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 366 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 16, 2005.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: As you requested in your letter of March
9, 2005, the Congressional Budget Office has prepared the
enclosed cost estimate for H.R. 366, the Vocational and
Technical Education for the Future Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 366--Vocational and Technical Education for the Future Act
Summary: H.R. 366 would amend the Carl D. Perkins
Vocational and Technical Education Act of 1998 and reauthorize
secondary and postsecondary vocational education programs
through fiscal year 2011. Under the General Education
Provisions Act (GEPA), these authorizations would automatically
be extended for one year, to 2012. The bill would authorize
appropriations of $1.3 billion for these purposes for fiscal
year 2006 and an estimated $9.8 billion for fiscal years 2006
through 2012, assuming adjustments for inflation. Assuming the
appropriation of the necessary funds, the resulting outlays
would total $40 million for 2006 and $8.0 billion over the
seven-year period. The bill would not affect direct spending or
revenues.
H.R. 366 would repeal title II, the Tech-Prep Education
Act, of the Carl D. Perkins Vocational and Technical Education
Act of 1998 and merge funding for Tech-Prep programs with the
vocational education state grant program. A ``hold-harmless''
provision would ensure that states receive the same amount of
funding for Tech-Prep programs in fiscal year 2006 as they did
in the previous year, and Tech-Prep would be added to the list
of local uses for the state grant program reserve fund.
H.R 366 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and any costs to state, local, or tribal governments would
result from complying with conditions of federal assistance.
Estimated cost of the Federal Government: The estimated
federal budgetary impact of H.R. 366 is presented in the
following table. The costs of this legislation fall within
budget function 500 (education, training, employment and social
services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------
2005 2006 2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for
Vocational Education:
Budget Authority \1\................ 1,333 791 0 0 0 0 0 0
Estimated Outlays................... 1,334 1,293 333 67 0 0 0 0
Proposed Changes:
Section 5--State Grants:
Estimated Authorization Level 0 1,307 1,328 1,352 1,377 1,401 1,427 1,453
\2\............................
Estimated Outlays............... 0 39 981 1,258 1,346 1,370 1,394 1,420
Section 9--National Activities:
Estimated Authorization Level... 0 12 12 12 12 13 13 13
Estimated Outlays............... 0 * 9 11 12 12 13 13
Section 10--Tribally Controlled
Postsecondary Vocational
Institutions:
Estimated Authorization Level... 0 7 7 7 7 8 8 8
Estimated Outlays............... 0 * 5 7 7 7 7 8
Section 10--Occupational and
Employment Information:
Estimated Authorization Level... 0 9 9 9 9 10 10 10
Estimated Outlays............... 0 * 7 9 9 9 10 10
Total Changes:
Estimated Authorization Level....... 0 1,335 1,356 1,381 1,406 1,431 1,457 1,483
Estimated Outlays................... 0 40 1,002 1,285 1,374 1,399 1,424 1,450
Total Spending Under H.R. 366 for
Vocational Education:
Estimated Authorization Level....... 1,333 2,126 1,356 1,381 1,406 1,431 1,457 1,483
Estimated Outlays................... 1,334 1,333 1,335 1,351 1,374 1,399 1,424 1,450
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 and 2006 amounts are the totals appropriated for those years.
\2\ Authorization levels do not assume any advance appropriations.
Notes.--Components may not sum to totals because of rounding.
* = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
366 will be enacted this year and that the necessary amounts
will be appropriated for each year. Estimated outlays are based
on the historical spending rates for programs authorized by the
Carl D. Perkins Vocational Education Act.
State grants
Section 5 of H.R. 366 would authorize appropriations
totaling $1.3 billion for state grants for fiscal year 2006 and
such sums as may be necessary for fiscal years 2007 through
2012. Assuming that appropriations in subsequent years would
equal the amounts authorized for 2006 adjusted for inflation,
CBO estimates that this provision would authorize $9.6 billion
for fiscal years 2006 through 2012. Assuming appropriation of
the authorized amounts, the resulting outlays would total $7.8
billion over the same period. Appropriations for state grants
totaled $1.2 billion in 2005.
These formula grants would be used to support vocational
programs in high schools, technical schools, and community
colleges. The 2006 authorization level would include funding
for Tech-Prep Education, which is currently authorized under
title II of the Carl D. Perkins Vocational and Technical
Education Act of 1998. (Section 19 of H.R. 366 would repeal
that title.) Under H.R 366, states would still receive the same
amount of funding for Tech-Prep programs in fiscal year 2006
that they did in 2005.
The bill would also allot 0.54 percent of appropriations to
incentive grants for agencies that exceed state performance
measures for vocational education. (Those reserve funds have
been used for incentive grants under the Workforce Investment
Act of 1998.) In addition, H.R. 366 would increase from 85
percent to 88 percent the minimum amount of the state grant
funds to be distributed to localities and would reduce from 5
percent to 2 percent funds allocated for state administration.
National activities
Section 9 would authorize such sums as may be necessary for
fiscal years 2006 through 2012 to collect vocational education
performance data and to support research on the effectiveness
of vocational and technical education. CBO estimates that this
section would authorize $12 million in fiscal year 2006 and $87
million over the seven-year period. This estimate is based on
previous appropriations for national activities, which received
$12 million in 2005.
Tribally controlled postsecondary vocational and technical institutions
Section 10 would authorize such sums as may be necessary
for fiscal years 2006 through 2012 to fund tribally controlled
postsecondary vocational and technical institutions. Based on
historical appropriations for these activities, CBO estimates
this section would authorize $7 million in funding for fiscal
year 2006 and an additional $45 million for fiscal years 2007
through 2012. Tribally controlled postsecondary vocational and
technical institutions received $7 million in fiscal year 2005.
Occupational and employment information
Section 10 also would authorize the appropriation of such
sums as may be necessary for fiscal years 2006 through 2012 to
improve vocational education counseling services and career
guidance. Authorizations of appropriations are estimated to be
$9 million in fiscal year 2006, similar to the funding provided
in 2005, and to total $66 million for the entire seven-year
period.
Intergovernmental and private-sector impact: H.R. 366
contains no private-sector or intergovernmental mandates as
defined in UMRA, and any costs to state, local, or tribal
governments would result from complying with conditions of
federal assistance.
Estimate prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: Sarah Puro and
Marjorie Miller; and Impact on the Private Sector: Meena
Fernandes.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
In accordance with Clause (3)(c) of House Rule XIII, the
goal of H.R. 366 is to strengthen and improve the Carl D.
Perkins Vocational and Technical Education Act by enhancing
local accountability, introducing model sequences of courses
that incorporate both secondary and postsecondary elements in a
non-duplicative progression of courses, and merging the stand-
alone Tech-Prep program with the Basic State Grant program. The
Committee expects the Department of Education to comply with
H.R. 366 and implement the changes to the law in accordance
with the changes.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 366. The
Committee believes that the amendments made by this bill, which
authorize appropriations for vocational education, are within
Congress' authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 366. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
Sec. 9. Prohibitions.
[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.]
TITLE II--GENERAL PROVISIONS
Part A--Federal Administrative Provisions
Sec. 211. Fiscal requirements.
Sec. 212. Authority to make payments.
Sec. 213. Construction.
Sec. 214. Voluntary selection and participation.
Sec. 215. Limitation for certain students.
Sec. 216. Federal laws guaranteeing civil rights.
Sec. 217. Participation of private school children and personnel.
Part B--State Administrative Provisions
Sec. 221. Joint funding.
Sec. 222. Prohibition on use of funds to induce out-of-State relocation
of businesses.
Sec. 223. State administrative costs.
Sec. 224. Limitation on Federal regulations.
Sec. 225. Student assistance and other Federal programs.
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) * * *
(2) promoting the development of services and
activities that integrate rigorous and challenging
academic, vocational, and technical instruction, and
that link secondary and postsecondary education for
participating vocational and technical education
students;
* * * * * * *
SEC. 3. DEFINITIONS.
In this Act:
(1) * * *
* * * * * * *
(4) Articulation agreement.--The term ``articulation
agreement'' means a written commitment, agreed upon at
the State level or approved annually and facilitated by
the lead administrators of the secondary and
postsecondary consortia members as described in section
135(b)(3)(A), to provide a program designed to provide
students with a nonduplicative sequence of progressive
achievements leading to degrees, certificates, or
credentials in a tech-prep education program linked
through credit transfer agreements.
[(4)] (5) Career guidance and academic counseling.--
The term ``career guidance and academic counseling''
means providing access to students (and parents, as
appropriate) 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)] (6) Charter school.--The term ``charter
school'' has the meaning given the term in section
[5206] 5210 of the Elementary and Secondary Education
Act of 1965.
[(6)] (7) 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
rigorous and challenging 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)] (8) Displaced homemaker.--The term ``displaced
homemaker'' means an individual who--
(A)(i) * * *
* * * * * * *
[(8)] (9) Educational service agency.--The term
``educational service agency'' has the meaning given
the term in section 9101 of the Elementary and
Secondary Education Act of 1965.
[(9)] (10) 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)] (11) Eligible institution.--The term
``eligible institution'' means--
(A) [an] a public or nonprofit private
institution of higher education;
* * * * * * *
[(11)] (12) Eligible recipient.--The term ``eligible
recipient'' means--
(A) * * *
* * * * * * *
[(12)] (13) Governor.--The term ``Governor'' means
the chief executive officer of a State or an outlying
area.
[(13)] (14) 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) * * *
* * * * * * *
[(14)] (15) Individual with a disability.--
(A) * * *
* * * * * * *
[(15)] (16) 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)] (17) Local educational agency.--The term
``local educational agency'' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
[(17)] (18) Nontraditional [training and employment]
fields.--The term ``nontraditional [training and
employment] fields'' means occupations or fields of
work, including careers in computer science,
technology, and other current and 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)] (19) 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)] (20) Postsecondary educational institution.--
The term ``postsecondary educational institution''
means--
(A) * * *
* * * * * * *
[(20)] (21) 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.
(22) Scientifically based research.--The term
``scientifically based research'' has the meaning given
that term in section 9101(37) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(37)).
[(21)] (23) Secondary school.--The term ``secondary
school'' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
[(22)] (24) Secretary.--The term ``Secretary'' means
the Secretary of Education.
[(23)] (25) Special populations.--The term ``special
populations'' means--
(A) * * *
* * * * * * *
(C) individuals preparing for nontraditional
[training and employment] fields;
(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[.]; and
(G) individuals with other barriers to
educational achievement, as determined by the
State.
[(24)] (26) 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)] (27) 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.]
(28) Supportive services.--The term ``supportive
services'' means services such as transportation, child
care, dependent care, and needs-based payments, that
are necessary to enable an individual to participate in
activities authorized under this Act.
[(27)] (29) Tribally controlled college or
university.--The term ``tribally controlled college or
university'' has the meaning given such term in section
[2] 2(a)(4) of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C.
1801(a)(4)).
[(28)] (30) 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
subsection (a) of such section shall not be applicable
and the reference to Secretary in [paragraph (5)(A) of
such section] paragraph (5)(A) of such subsection shall
be deemed to refer to the Secretary of the Interior)
that--
(A) * * *
* * * * * * *
[(29)] (31) 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]
(A) offer a sequence of courses that--
(i) provides individuals with the
rigorous and challenging academic and
technical knowledge and skills the
individuals need to prepare for further
education and for careers (other than
careers requiring a master's or
doctoral degree) in current or emerging
employment sectors;
(ii) may include the provision of
skills or courses necessary to enroll
in a sequence of courses that meet the
requirements of this subparagraph; and
(iii) provides, at the postsecondary
level, for a 1-year certificate, an
associate degree, or industry-
recognized credential; and
* * * * * * *
[(30)] (32) Vocational and technical student
organization.--
(A) * * *
* * * * * * *
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] the ``Carl D. Perkins Vocational and
Technical Education Act of 1998'', 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]
the Vocational and Technical Education for the Future Act. Each
eligible agency shall be assured 1 full fiscal year for
transition, to plan for and implement the requirements of this
Act.
* * * * * * *
[SEC. 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.]
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
(other than subsection (a), (b), and (c) of section 114, and
sections 117 and 118) $1,307,000,000 for fiscal year 2006 and
such sums as may be necessary for each of fiscal years 2007
through 2011.
SEC. 9. PROHIBITIONS.
(a) Local Control.--Nothing in this Act shall be construed to
authorize an officer or employee of the Federal government to
mandate, direct, or control a State, local educational agency,
or school's curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
(b) No Preclusion of Other Assistance.--Any State that
declines to submit an application to the Secretary for
assistance under this Act shall not be precluded from applying
for assistance under any other program administered by the
Secretary.
(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic and vocational and technical content or student
academic and vocational and technical achievement standards
approved or certified by the Federal government, in order to
receive assistance under this Act.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect the requirements under section 113.
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
2001 through 2003, 0.54 percent to carry out
section 503 of Public Law 105-220.]
(1) Reservations.--From the sum appropriated under
section 8 for each fiscal year, the Secretary shall
reserve--
(A) 0.12 percent to carry out section 115;
(B) 1.50 percent to carry out section 116, of
which--
(i) 1.25 percent of the sum shall be
available to carry out section 116(b);
and
(ii) 0.25 percent of the sum shall be
available to carry out section 116(h);
and
(C) 0.54 percent to carry out section 114(d).
* * * * * * *
(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)] (or in the case of fiscal year 2006
only, under this section and under title II of
this Act, as such section and title were in
effect on the day before the date of enactment
of the Vocational and Technical Education for
the Future Act).
(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 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)] (or in the
case of fiscal year 2006 only,
under this section and under
title II of this Act, as such
section and title were in
effect on the day before the
date of enactment of the
Vocational and Technical
Education for the Future Act);
and
(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)] (or in the
case of fiscal year 2006 only,
under this section and under
title II of this Act, as such
section and title were in
effect on the day before the
date of enactment of the
Vocational and Technical
Education for the Future Act).
(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.]
(A) In general.--No State shall receive an
allotment under this section for a fiscal year
that is less than the allotment the State
received for fiscal year 2005 under this
section and under title II of this Act (as such
section and title were in effect on the day
before the date of enactment of the Vocational
and Technical Education for the Future Act).
* * * * * * *
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.]
(a) Allocation Formula.--From the amount allotted to each
State under section 111 for a fiscal year, the State board
(hereinafter referred to as the ``eligible agency'') shall
allocate such amount as follows:
(1) Subject to paragraph (4), not less than 88
percent shall be made available for distribution under
section 131 or 132, of which the eligible agency shall
first make available for the activities described in
section 135(b)(3) not less than the amount allotted in
fiscal year 2005 to such eligible agency under title II
of this Act (as such title was in effect on the day
before the date of enactment of the Vocational and
Technical Education for the Future Act), reduced by the
percentage by which the amount allotted to the State
under section 111 for the fiscal year is less than the
amount allotted under such section to such State for
fiscal year 2005. Of the remainder of the 88 percent,
not more than 10 percent may be used in accordance with
subsection (c).
(2) Subject to paragraph (4), not more than 10
percent shall be made available to carry out State
leadership activities described in section 124, of
which--
(A) an amount equal to not more than 1
percent of the amount allotted to the State
under section 111 for the fiscal year shall be
made available to serve individuals in State
institutions, such as State correctional
institutions and institutions that serve
individuals with disabilities; and
(B) not less than $60,000 and not more than
$150,000 shall be available for services that
prepare individuals for nontraditional fields.
(3) An amount equal to not more than 2 percent, or
$250,000, whichever is greater, shall be made available
for administration of the State plan, which may be used
for the costs of--
(A) developing the State plan;
(B) reviewing the local plan;
(C) monitoring and evaluating program
effectiveness;
(D) assuring compliance with all applicable
Federal laws; and
(E) providing technical assistance.
(4) If the amount allocated for any fiscal year under
paragraph (2) shall be less than the amount allocated
under such paragraph for fiscal year 2005, additional
amounts may be made available from the amount allocated
under paragraph (1) for the purposes described in
paragraph (2). If such additional amounts are made
available under this paragraph, the percentage of the
total amount allotted under section 111 that is
allocated for the purposes described in paragraph (2)
shall not exceed the percentage of the total amount
allotted under section 111 for fiscal year 2005 that
was allocated under paragraph (2) for fiscal year 2005.
* * * * * * *
(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)] (C) of paragraph (1).
SEC. 113. ACCOUNTABILITY.
(a) Purpose.--The purpose of this section is to [establish a
State] support a State and local performance accountability
system, comprised of the activities described in this section,
to assess the effectiveness of the State and its eligible
recipients 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) * * *
(2) Indicators of performance.--
(A) Core indicators of performance for
secondary students.--Each eligible agency shall
identify in the State plan core indicators of
performance of secondary students that are, to
the extent practicable, valid and reliable and
that include, at a minimum, measures of each of
the following:
(i) Student attainment of challenging
[State established academic,] academic
content and achievement standards, as
established by the State under section
1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)), and vocational and
technical, skill proficiencies.
(ii) Student attainment of a
secondary school diploma [or its
recognized equivalent,], General
Education Development credential (GED),
or other State-recognized equivalent
(including recognized alternative
standards for individuals with
disabilities), or 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.]
(iii) Student graduation rates (as
described in section 1111(b)(2)(C)(vi)
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi))).
(iv) Placement in postsecondary
education or advanced training,
placement in military service, or
placement in employment.
[(iv)] (v) Student participation in
and completion of vocational and
technical education programs that lead
to nontraditional [training and
employment] fields.
(B) Core indicators of performance for
postsecondary students.--Each eligible agency
shall identify in the State plan core
indicators of performance of postsecondary
students that are, to the extent practicable,
valid and reliable, and that include, at a
minimum, measures of each of the following:
(i) Student attainment of challenging
academic and vocational and technical
skill proficiencies.
(ii) Student retention in
postsecondary education, attainment of
an associate degree or postsecondary
credential, or transfer to a
baccalaureate degree program.
(iii) Placement in military service
or placement or retention in
employment.
(iv) Student participation in and
completion of vocational and technical
education programs in nontraditional
fields.
[(B)] (C) 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] this title.
[(C)] (D) Existing indicators.--If a State
previously has developed State vocational and
technical education 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)] (E) 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.--] (3) State 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)]
subparagraphs (A) and (B) of paragraph
(2) 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] to make continuous
and substantial improvement in
the academic and vocational and
technical achievement of
vocational and technical
education students.
* * * * * * *
[(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.]
(v) Agreement on state adjusted
levels of performance for subsequent
years.--
(I) 3rd and 4th program
years.--Prior to the third
program year covered by the
State plan, the Secretary and
each eligible agency shall
reach agreement on the State
adjusted levels of performance
for each of the core indicators
of performance for the third
and fourth programs years
covered by the State plan,
taking into account the factors
described in clause (vi).
(II) 5th and 6th program
years.--Prior to the fifth
program year covered by the
State plan, the Secretary and
each eligible agency shall
reach agreement on the State
adjusted levels of performance
for each of the core indicators
of performance for the fifth
and sixth programs years
covered by the State plan,
taking into account the factors
described in clause (vi).
(III) Agreements incorporated
into state plan.--The State
adjusted levels of performance
agreed to under this clause
shall be considered the State
adjusted levels of performance
for the State for such years
and shall be incorporated into
the State plan.
(vi) Factors.--The agreement
described in clause (iii) or (v) shall
take into account--
(I) * * *
(II) the extent to which such
levels of performance promote
continuous and substantial
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)] (vi), the eligible agency
may request that the State adjusted
levels of performance agreed to [under
clause (iii) or (vi)] under clause
(iii) or (v) be revised. The Secretary
shall issue objective criteria and
methods for making such revisions.
(4) Local levels of performance.--
(A) Local adjusted levels of performance for
core indicators of performance.--
(i) In general.--Each eligible
recipient shall establish in the local
plan submitted under section 134,
levels of performance for each of the
core indicators of performance
described in paragraph (2)(A) and (B),
as appropriate for the eligible
recipient, for vocational and technical
education activities authorized under
this title. The levels of performance
established under this subparagraph
shall, at a minimum--
(I) be expressed in a
percentage or numerical form,
so as to be objective,
quantifiable, and measurable;
and
(II) require the eligible
recipient to make continuous
and substantial improvement in
the academic and vocational and
technical achievement of
vocational and technical
education students.
(ii) Identification in the local
plan.--Each eligible recipient shall
identify, in the local plan submitted
under section 134, levels of
performance for each of the core
indicators of performance for the first
2 program years covered by the local
plan.
(iii) Agreement on local adjusted
levels of performance for first 2
years.--The eligible agency and each
eligible recipient shall reach
agreement on the levels of performance
for each of the core indicators of
performance, for the first 2 program
years covered by the local plan, taking
into account the levels identified in
the local plan under clause (ii) and
the factors described in clause (v).
The levels of performance agreed to
under this clause shall be considered
to be the local adjusted level of
performance for the eligible recipient
for such years and shall be
incorporated into the local plan prior
to the approval of such plan.
(iv) Agreement on local adjusted
levels of performance for subsequent
years.--
(I) 3rd and 4th program
years.--Prior to the third
program year covered by the
local plan, the eligible agency
and each eligible recipient
shall reach agreement on the
local adjusted levels of
performance for each of the
core indicators of performance
for the third and fourth
program years covered by the
local plan, taking into account
the factors described in clause
(v).
(II) 5th and 6th program
years.--Prior to the fifth
program year covered by the
local plan, the eligible agency
and each eligible recipient
shall reach agreement on the
local adjusted levels of
performance for each of the
core indicators of performance
for the fifth and sixth program
years covered by the local
plan, taking into account the
factors described in clause
(v).
(III) Agreements incorporated
into local plan.--The local
adjusted levels of performance
agreed to under this clause
shall be considered to be the
local adjusted levels of
performance for the eligible
recipient for such years and
shall be incorporated into the
local plan.
(v) Factors.--The agreement described
in clause (iii) or (iv) shall take into
account--
(I) how the levels of
performance involved compare
with the local adjusted levels
of performance established for
other eligible recipients
taking into account factors
including the characteristics
of participants when the
participants entered the
program and the services or
instruction to be provided; and
(II) the extent to which such
levels of performance promote
continuous and substantial
improvement on the indicators
of performance by such eligible
recipient.
(vi) Revisions.--If unanticipated
circumstances arise with respect to an
eligible recipient resulting in a
significant change in the factors
described in clause (v), the eligible
recipient may request that the local
adjusted levels of performance agreed
to under clause (iii) or (iv) be
revised. The eligible agency shall
issue objective criteria and methods
for making such revisions.
(B) Levels of performance for additional
indicators.--Each eligible recipient may
identify in the local plan, local levels of
performance for any additional indicators of
performance. Such levels shall be considered to
be the local levels of performance for purposes
of this title.
(C) Local report.--
(i) Content of report.--Each eligible
recipient that receives an allotment
under section 111 shall annually
prepare and submit to the eligible
agency a report regarding--
(I) the progress of such
recipient in achieving the
local adjusted levels of
performance on the core
indicators of performance; and
(II) in the case of an
eligible recipient that
receives funds described in
section 112(a) for activities
described in section 135(b)(3),
the progress in achieving the
local adjusted levels of
performance on the core
indicators of performance with
respect to tech-prep program
participants.
(ii) Data.--Each eligible recipient
shall--
(I) disaggregate data for
each of the indicators of
performance under section
113(b)(2) for the categories of
students enumerated under
section 1111(b)(2)(C)(v)(II) of
the Elementary and Secondary
Education Act of 1965 that are
served under this Act; and
(II) identify and quantify
any disparities or gaps in
performance between any such
category of students and the
performance of all students
served by the eligible
recipient under the Act.
(iii) Rules for reporting of data.--
The disaggregation of data under clause
(ii) shall be required except in a case
in which the number of students in a
category is insufficient to yield
statistically reliable information or
in which the results would reveal
personally identifiable information
about an individual student.
(iv) Availability.--The report
described in clause (i) shall be made
available to the public through a
variety of formats, including
electronically through the Internet.
(c) Report.--
(1) * * *
(2) Data.--Each eligible agency under this subsection
shall--
(A) disaggregate data for each of the
indicators of performance under section
113(b)(2) for the categories of students
enumerated under section 1111(b)(2)(C)(v)(II)
of the Elementary and Secondary Education Act
of 1965 that are served under this Act; and
(B) identify and quantify any disparities or
gaps in performance between any such category
of students and the performance of all students
served by the eligible agency under the Act.
(3) Rules for reporting of data.--The disaggregation
of data under paragraph (2) shall be required except in
a case in which the number of students in a category is
insufficient to yield statistically reliable
information or in which the results would reveal
personally identifiable information about an individual
student.
[(2)] (4) Special populations.--The report submitted
by the eligible agency in accordance with paragraph (1)
shall include a quantifiable description of the
progress [special populations] each of the populations
described in section 3(25) and the populations
described in section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)) participating in vocational and
technical education programs [have] has made in meeting
the State adjusted levels of performance established by
the eligible agency.
[(3)] (5) Information dissemination.--The Secretary--
(A) * * *
* * * * * * *
SEC. 114. NATIONAL ACTIVITIES.
(a) Program Performance Information.--
(1) * * *
* * * * * * *
(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 in the aggregate.
* * * * * * *
(c) Research, Development, Dissemination, Evaluation and
Assessment.--
(1) * * *
[(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.]
(2) Independent advisory panel.--The Secretary shall
appoint an independent advisory panel, consisting of
academic and vocational and technical education
educators, administrators, experts in evaluation,
research, and assessment, representatives of labor
organizations, businesses, parents, guidance and
counseling professionals, and other individuals with
relevant expertise, to advise the Secretary on the
implementation of the assessment described in paragraph
(3), including the issues to be addressed and the
methodology of the studies involved to ensure the
assessment adheres to the highest standards of quality.
The advisory panel shall transmit to the Secretary and
to Congress an independent analysis of the findings and
recommendations resulting from such assessment. The
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the panel established under this
subsection.
(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 the implementation
of the 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 but shall not be
limited to 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)] (i) the preparation and
qualifications of teachers of
vocational and technical[, and
academic, curricula in vocational and
technical education programs,]
education (such as meeting State
established teacher certification or
licensing requirements) as well as
shortages of such teachers;
[(iv) participation of students in
vocational and technical education
programs;]
[(v)] (ii) academic [and employment
outcomes of vocational and technical
education, including analyses of] and
vocational and technical education
achievement and employment outcomes of
vocational and technical education
students, including analyses of--
(I) the number of vocational
and technical education
students [and tech-prep
students] and students
participating in the activities
described in section 135(b)(3)
who meet State adjusted levels
of performance;
(II) the extent and success
of integration of [academic,
and vocational and technical,
education] rigorous and
challenging academic and
vocational and technical
education, including a review
of the effect of integrated
rigorous and challenging
academic and vocational and
technical education on the
achievement of students 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, particularly
those in which math and science
skills are critical, or
participation in postsecondary
education;
[(vi)] (iii) 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)] (iv) 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] Congress--
(I) an interim report
regarding the assessment on or
before January 1, [2002] 2009;
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]
2009.
(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,] Congress 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.
* * * * * * *
(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] to carry
out scientifically based 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
scientifically based research and
evaluation in such activities as--
(I) * * *
* * * * * * *
(ii) [to carry out research] to carry
out scientifically based research to
increase the effectiveness and improve
the implementation of vocational and
technical education programs that are
integrated with rigorous and
challenging academic education,
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] to
carry out scientifically based 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
the integration of those
systems with the academic
education system; and
* * * * * * *
[(6) Demonstrations and dissemination.--
[(A) Demonstration program.--The]
(6) Demonstrations and dissemination.--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).]
* * * * * * *
(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.]
subsections (a), (b), and (c) of this section, such
sums as may be necessary for each of fiscal years 2006
through 2011.
(d) Incentive Grants for Eligible Agencies.--
(1) In general.--From funds reserved under section
111(a)(1)(C), the Secretary may award grants to
eligible agencies for exemplary performance in carrying
out programs under this Act. Such awards shall be based
on an eligible agency exceeding State adjusted levels
of performance established under section 113(b) and
showing sustained or significant improvement.
(2) Special consideration.--In awarding these grants,
the Secretary may consider--
(A) an eligible agency's success in
effectively developing connections between
secondary education and postsecondary education
and training;
(B) an eligible agency's integration of
rigorous and challenging academic and technical
coursework; and
(C) an eligible agency's progress in having
special populations participating in vocational
and technical education meet State adjusted
levels of performance.
(3) Use of funds.--The funds awarded to an eligible
agency under this subsection may be used to carry out
any activities authorized under section 124, including
demonstrations of innovative programs.
[SEC. 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. 115. ASSISTANCE FOR THE OUTLYING AREAS.
(a) Outlying Areas.--From funds reserved pursuant to section
111(a)(1)(A), the Secretary shall--
(1) make a grant in the amount of $660,000 to Guam;
(2) make a grant in the amount of $350,000 to each of
American Samoa and the Commonwealth of the Northern
Mariana Islands; and
(3) make a grant in the amount of $160,000 to the
Republic of Palau.
(b) Remainder.--Subject to the provisions of subsection (a),
the Secretary shall make a grant of the remainder of funds
reserved pursuant to section 111(a)(1)(A), in equal proportion,
to each of Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, for the purpose of providing direct
vocational and technical educational services, including--
(1) teacher and counselor training and retraining;
(2) curriculum development; and
(3) the improvement of vocational and technical
education and training programs in secondary schools
and institutions of higher education, or improving
cooperative education programs involving both secondary
schools and institutions of higher education.
(c) Restriction.--The Republic of Palau shall cease to be
eligible to receive funding under this section upon entering
into an agreement for extension of United States educational
assistance under the Compact of Free Association after the date
of enactment of the Vocational and Technical Education for the
Future Act.
SEC. 116. NATIVE AMERICAN PROGRAM.
(a) Definitions.--In this section:
(1) * * *
* * * * * * *
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term
in section 7207 of the Native Hawaiian Education Act.
(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)]
(c), 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.
* * * * * * *
SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL
INSTITUTIONS.
(a) * * *
[(b) Use of Grants.--Amounts made available pursuant to this
section shall be used for institutional support of vocational
and technical education programs.]
(b) Uses of Grants.--Amounts made available under this
section shall be used for vocational and technical education
programs for Indian students and for institutional support
costs of the grant, including the expenses described in
subsection (e).
(c) Amount of Grants.--
(1) * * *
* * * * * * *
(3) Indirect costs.--Notwithstanding any other
provision of law or regulation, the Secretary shall not
require the use of a restricted indirect cost rate for
grants issued under this section.
* * * * * * *
[(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 to consider 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)] (g) Definitions.--In this section:
(1) * * *
* * * * * * *
[(i)] (h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
[$4,000,000 for fiscal year 1999 and] such sums as may be
necessary for each of [the 4 succeeding fiscal years] fiscal
years 2006 through 2011.
* * * * * * *
SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
(a) * * *
[(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.]
(b) State Level Activities.--
(1) Designated entity.--In order for a State to
receive a grant under this section, the eligible agency
and the Governor of the State shall jointly designate
an entity in the State responsible for conducting the
activities in this subsection.
(2) Application.--The jointly designated agency shall
submit an application to the Secretary at the same time
the State submits its state plan under section 122. The
application shall be in such a manner and be
accompanied by such information as the Secretary may
reasonably require. At a minimum, the application shall
describe how the jointly designated agency will assist
the eligible agency in meeting its adjusted levels of
performance under section 113(b).
(3) Activities.--The jointly designated agency shall
conduct activities--
(A) to provide support for career guidance
and academic counseling programs designed to
promote improved career and education decision
making by students (and parents, as
appropriate) regarding education and training
options and preparations for high skill, high
wage occupations;
(B) to make available to students, parents,
teachers, administrators, and counselors, and
improve accessibility to, information and
planning resources that relate academic and
vocational and technical educational
preparation to career goals and expectations;
(C) to equip teachers, administrators, and
counselors with the knowledge, skills, and
occupational information needed to assist
students and parents with educational and other
postsecondary opportunities and education
financing;
(D) to assist appropriate State entities in
tailoring resources and training for use by
such entities;
(E) to improve coordination and communication
among administrators and planners of programs
authorized by this Act and by section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2) at the
Federal, State, and local levels to ensure
nonduplication of efforts and the appropriate
use of shared information and data; and
(F) to provide ongoing means for customers,
such as students and parents, to provide
comments and feedback on products and services
and to update resources, as appropriate, to
better meet customer requirements.
* * * * * * *
(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] a description of activities
assisted under this section during the prior program
year;
* * * * * * *
(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]
2006 through 2011.
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 four 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 one or more appropriate State agencies.]
SEC. 121. STATE ADMINISTRATION.
(a) Eligible Agency Responsibilities.--The responsibilities
of an eligible agency under this title shall include--
(1) coordination of the development, submission, and
implementation of the State plan, and the evaluation of
the program, services, and activities assisted under
this title, including preparation for nontraditional
fields;
(2) consultation with the Governor and appropriate
agencies, groups, and individuals including parents,
students, teachers, representatives of businesses,
labor organizations, eligible recipients, State and
local officials, and local program administrators,
involved in the planning, administration, evaluation,
and coordination of programs funded under this title;
(3) convening and meeting as an eligible agency
(consistent with State law and procedure for the
conduct of such meetings) at such time as the eligible
agency determines necessary to carry out the eligible
agency's responsibilities under this title, but not
less than four times annually; and
(4) the adoption of such procedures as the eligible
agency considers necessary to--
(A) implement State level coordination with
the activities undertaken by the State boards
under section 111 of Public Law 105-220; and
(B) make available to the service delivery
system under section 121 of Public Law 105-220
within the State a listing of all school
dropout, postsecondary, and adult programs
assisted under this title.
(b) Exception.--Except with respect to the responsibilities
set forth in subsection (a), the eligible agency may delegate
any of the other responsibilities of the eligible agency that
involve the administration, operation, supervision of
activities assisted under this title, in whole or in part, to
one or more appropriate State agencies.
SEC. 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] 6-year period, together with such
annual revisions as the eligible agency determines to
be necessary.
* * * * * * *
(2) Revisions.--Each eligible agency--
(A) * * *
(B) shall, after the second year of the [5
year State plan] 6-year period, 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)] (including charter school authorizers and
organizers, employers, labor organizations, parents,
students, and community organizations), 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] academic and vocational and technical
education teachers, eligible recipients, charter school
authorizers and organizers, parents, students,
interested community members (including parent and
community organizations), institutions of higher
education, 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.
* * * * * * *
(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 development of model sequences of
courses for vocational and technical content
areas that--
(i) incorporate both secondary and
postsecondary education elements;
(ii) include rigorous and challenging
academic content and vocational and
technical content in a coordinated,
nonduplicative progression of courses
that align secondary education with
postsecondary education to adequately
prepare sudents to succeed in
postsecondary education;
(iii) lead to a postsecondary 1-year
certificate, associate or baccalaureate
degree, or a proficiency credential in
conjunction with a secondary school
diploma; and
(iv) may be adopted by local
educational agencies and postsecondary
institutions to be offered as an option
to students (and their parents as
appropriate), when choosing future
coursework;
[(A)] (B) 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 and how the
eligible agency will distribute information
identifying eligible recipients that offer
elements of the model sequences of courses;
[(B) the criteria that will be used by the
eligible agency in approving applications by
eligible recipients for funds under this
title;]
(C) the criteria that will be used by the
eligible agency to evaluate and approve
eligible recipients for funds under this title,
including criteria to assess the extent to
which the local plan will promote continuous
and substantial improvement in academic
achievement and technical skill attainment;
[(C)] (D) how such programs will prepare
vocational and technical education students,
both academically and technically, for
opportunities in postsecondary education or
entry into high skill, high wage jobs in
current and emerging occupations[; and], and
how participating students will be made aware
of such opportunities;
[(D)] (E) how funds will be used to improve
or develop new vocational and technical
education courses aligned with rigorous and
challenging academic content;
(F) the process through which the eligible
agency will develop the secondary or
postsecondary elements of the model sequences
of courses described in subparagraph (A);
(G) the role that any eligible recipients
successfully implementing the activities
described in section 135(b)(3) will play in
assisting other eligible recipients in
establishing agreements and plans for
coordinating the offering of model sequences of
courses to students at both the secondary and
postsecondary levels;
(H) how funds will be used effectively to
link secondary and postsecondary academic and
vocational and technical education in a manner
that increases student academic and vocational
and technical achievement; and
(I) how the eligible agency will report the
integration of rigorous and challenging
academics in vocational and technical education
programs in order to adequately evaluate the
quality of such integration;
[(2) describes how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided;]
(2) describes how comprehensive professional
development (including initial teacher preparation and
activities that support recruitment) for vocational and
technical, academic, guidance, and administrative
personnel will be provided, especially professional
development that--
(A) promotes the integration of rigorous and
challenging academic and vocational and
technical education curriculum development;
(B) increases the percentage of teachers that
meet teacher certification or licensing
requirements;
(C) increases the academic and industry
knowledge of vocational and technical education
teachers; and
(D) encourages applied learning that
contributes to the academic and vocational and
technical knowledge of the student;
(3) describes how the eligible agency will actively
involve parents, academic and vocational and technical
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;
* * * * * * *
(5) describes how the eligible agency will--
(A) improve the academic and technical skills
(especially as pertaining to math, science, and
technology) 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] core academic subjects
(as defined in section 9101(11) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(11))), and vocational and
technical subjects, and provide students with
strong experience in, and understanding of, all
aspects of an industry; and
* * * * * * *
(11) provides assurances that none of the funds
expended under this title will be used to acquire
equipment and technology (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 ensure
that any entity in the State that purchases equipment
with funds under this Act will dispose of that
equipment in such a manner as to ensure that any
personally identifiable information contained in that
equipment will be totally destroyed prior to, or as
part of, the disposition;
[(12)] (13) 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)] (14) describes how the eligible agency will
adequately address the needs of students in alternative
education programs, if appropriate;
[(14)] (15) 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)] (16) describes how vocational and technical
education relates to State and regional occupational
opportunities;
[(16)] (17) describes the methods proposed for the
joint planning and coordination of programs carried out
under this title with other Federal education programs;
[(17)] (18) describes how funds will be used to
promote preparation for nontraditional [training and
employment] fields;
[(18)] (19) 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 award
grants, on a competitive basis or on the basis of a
formula determined by the eligible agency, using funds
described in section 112 (a) (1) for activities
described in section 135(b)(3);
(21) describes how the eligible agency will carry out
measurable, sustainable, and coordinated tech-prep
activities in the State (as described in section
135(b)(3)), with funds allocated under section 112(a),
that are developed in consultation with the entities
described in subsection (b)(1) and that effectively
prepare students for post-secondary education or
employment in high-demand occupations through a
seamless program of study consisting of appropriate
advanced academic and technical courses that include a
minimum of 2 years of secondary school preceding
graduation and a minimum of 2 years of higher education
or an apprenticeship program of at least 2 years
following secondary instruction;
[(20)] (22) describes how the eligible agency will
ensure that the data reported to the eligible agency
from local educational agencies and eligible
institutions under this title and the data the eligible
agency reports to the Secretary are complete, accurate,
and reliable; and
[(21)] (23) 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)] (d) Plan Approval.--
(1) * * *
* * * * * * *
[(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 of performance, 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. 123. IMPROVEMENT PLANS.
(a) State Program Improvement.--
(1) Plan.--If a State fails to meet the agreed upon
State adjusted levels of performance required under
section 113(b)(3), the eligible agency shall develop
and implement a program improvement plan (with special
consideration to performance gaps identified under
section 113(c)(2)) in consultation with the appropriate
agencies, individuals, and organizations for the first
program year succeeding the program year in which the
eligible agency failed to meet the State adjusted
levels of performance, in order to avoid a sanction
under paragraph (3).
(2) Technical assistance.--If the Secretary
determines that an eligible agency is not properly
implementing the eligible agency's responsibilities
under section 122, or is not making substantial
progress in meeting the purposes of this Act, based on
the State's adjusted levels of performance, the
Secretary shall work with the eligible agency to
implement improvement activities consistent with the
requirements of this Act.
(3) Subsequent action.--
(A) In general.--If an eligible agency fails
to meet the State adjusted levels of
performance and the purposes of this Act, has
not implemented an improvement plan as
described in paragraph (1), has shown no
improvement within 1 year after implementing an
improvement plan as described in paragraph (1),
or has failed to meet the State adjusted levels
of performance and the purposes of this Act for
2 or more consecutive years, the Secretary may,
after notice and opportunity for a hearing,
withhold from the eligible agency all, or a
portion of, the eligible agency's allotment
under this title.
(B) Waiver for exceptional circumstances.--
The Secretary may waive the sanction in
subparagraph (A) due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen
decline in the financial resources of the
State.
(4) Funds resulting from reduced allotments.--
(A) In general.--The Secretary shall use
funds withheld under paragraph (3) for a State
served by an eligible agency, to provide
(through alternative arrangements) services and
activities within the State to meet the
purposes of this Act.
(B) Redistribution.--If the Secretary cannot
satisfactorily use funds withheld under
paragraph (3), then the amount of funds
retained by the Secretary as a result of a
reduction in an allotment made under paragraph
(3) shall be redistributed to other eligible
agencies in accordance with section 111.
(b) Local Program Improvement.--
(1) Local evaluation.--Each eligible agency shall
evaluate annually, using the local adjusted levels of
performance described in section 113(b)(4), the
vocational and technical education activities of each
eligible recipient receiving funds under this title.
(2) Plan.--
(A) In general.--If, after reviewing the
evaluation, the eligible agency determines that
an eligible recipient is not making substantial
progress in achieving the local adjusted levels
of performance, or that an eligible recipient
demonstrates under section 113(b)(4)(C)
persistent or a widening of performance gaps
between multiple categories of students served
by the eligible recipient in comparison to all
students in the State served under the Act, the
eligible agency shall--
(i) conduct an assessment of the
educational needs that the eligible
recipient shall address to overcome
local performance deficiencies;
(ii) enter into an improvement plan
agreement with an eligible recipient
based on the results of the assessment,
for the first program year succeeding
the program year in which the eligible
recipient failed to meet the local
adjusted levels of performance, which
plan shall demonstrate how the local
performance deficiencies will be
corrected and include strategies for
professional development and
instructional and other programmatic
innovations of demonstrated
effectiveness, giving special
consideration to performance gaps
identified under section 113(b)(4)(C);
and
(iii) conduct regular evaluations of
the progress being made toward reaching
the local adjusted levels of
performance as described in section
113(b)(4) and progress on implementing
the improvement plan.
(B) Consultation.--The eligible agency shall
conduct the activities described in paragraph
(2) in consultation with teachers, parents,
other school staff, appropriate agencies, and
other appropriate individuals and
organizations.
(3) Technical assistance.--If the eligible agency
determines that an eligible recipient is not properly
implementing the eligible recipient's responsibilities
under section 134, or is not making substantial
progress in meeting the purpose of this Act, based on
the local adjusted levels of performance, the eligible
agency shall provide technical assistance to the
eligible recipient to assist such recipient in carrying
out the improvement activities consistent with the
requirements of this Act.
(4) Subsequent action.--
(A) In general.--If an eligible recipient
fails to meet the local adjusted levels of
performance as described in section 113(b)(4)
and the purposes of this Act, has not
implemented an improvement plan as described in
paragraph (2), has shown no improvement within
1 year after implementing an improvement plan
as described in paragraph (2), or has failed to
meet the local adjusted levels of performance
and the purposes of this Act for 2 or more
consecutive years, the eligible agency may,
after notice and opportunity for a hearing,
withhold from the eligible recipient all, or a
portion of, the eligible recipient's allotment
under this title.
(B) Waiver for exceptional circumstances.--
The eligible agency may waive the sanction
under this paragraph due to exceptional or
uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen
decline in the financial resources of the
State.
(5) Funds resulting from reduced allotments.--The
eligible agency shall use funds withheld under
paragraph (4) to continue to provide (through
alternative arrangements) services and activities in
the area served by such recipient to meet the purpose
of this Act.
SEC. 124. STATE LEADERSHIP ACTIVITIES.
(a) * * *
(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] education or
for high skill, high wage careers;
(2) developing, improving, or expanding the use of
technology in vocational and technical education, and
the required math and science education, that may
include--
(A) * * *
(B) providing vocational and technical
education students with the academic, and
vocational and technical skills (including the
math and science knowledge that provides a
strong basis for such skills) that lead to
entry into the high technology [and
telecommunications field] fields, including
nontraditional fields; or
* * * * * * *
(3) professional development programs, including
providing comprehensive professional development
(including initial teacher preparation) for vocational
and technical, academic, guidance, and administrative
personnel at the secondary and postsecondary levels,
that--
(A) will provide inservice and preservice
training for vocational and technical education
teachers in the integration and use of rigorous
and challenging academics with vocational and
technical subjects;
(B) are high quality, sustained, intensive,
and classroom-focused in order to have a
positive and lasting impact on classroom
instruction and the teacher's performance in
the classroom, and are not 1-day or short-term
workshops or conferences;
[(A)] (C) will provide inservice and
preservice training in state-of-the-art
vocational and technical education programs and
techniques, effective teaching skills based on
scientifically based research, and effective
practices to improve parental and community
involvement; [and]
[(B)] (D) will help teachers and personnel to
[assist students in meeting] improve student
achievement in order to meet the State adjusted
levels of performance established under section
113;
[(C) 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 stay current with the needs,
expectations, and methods of industry; and]
(E) will support education programs for
teachers of vocational and technical education
in public schools and other public school
personnel who are involved in the direct
delivery of educational services to vocational
and technical education students to ensure that
teachers and personnel--
(i) stay current with the needs,
expectations, and methods of industry;
(ii) meet teacher certification or
licensing requirements, especially in
core academic subjects as defined in
section 9101(11) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801(11));
(iii) effectively develop integrated
rigorous and challenging academic and
vocational and technical education
curriculum;
(iv) develop a high level of academic
and industry knowledge and skills
necessary to provide effective
instruction in vocational and technical
education; and
(v) effectively use applied learning
that contributes to the academic and
vocational and technical knowledge of
the student; and
[(D)] (F) 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,] provision of
rigorous and challenging academics that are integrated
with vocational and technical education to ensure
achievement in the core academic subjects (as defined
in section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11))), and
vocational and technical subjects;
(5) providing preparation for nontraditional
[training and employment] fields;
(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 and complete a model sequence of
courses, as described in section 122(c)(1)(A);
(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[.]; and
(9) technical assistance for eligible recipients.
(c) Permissible Uses of Funds.--The leadership activities
described in subsection (a) may include--
[(1) technical assistance for eligible recipients;]
[(2)] (1) improvement of career guidance and academic
counseling programs that assist students in making
informed academic, and vocational and technical
education decisions;
[(3)] (2) 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)] (3) support for cooperative education;
[(5)] (4) 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)] (5) support for public charter schools
operating secondary vocational and technical education
programs;
[(7)] (6) 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)] (7) support for family and consumer sciences
programs;
[(9)] (8) support for education and business
partnerships;
[(10)] (9) support to improve or develop new
vocational and technical education courses that prepare
individuals academically and technically for current
and emerging occupations in demand;
(10) awarding incentive grants to eligible recipients
for exemplary performance in carrying out programs
under this Act, which awards shall be based on--
(A) eligible recipients exceeding challenging
performance measures established under section
113(b) in a manner that reflects sustained or
significant improvement;
(B) eligible recipients effectively
developing connections between secondary
education and postsecondary education and
training;
(C) the adoption and integration of rigorous
and challenging academic and technical
coursework;
(D) an eligible recipient's progress in
having special populations participating in
vocational and technical education programs
meet local adjusted levels of performance; or
(E) other factors relating to the performance
of the eligible recipient under this Act as the
eligible agency determines are appropriate;
(11) providing for activities to support
entrepreneurship education and training;
[(11)] (12) providing vocational and technical
education programs for adults and school dropouts to
complete their secondary school education; and
[(12)] (13) providing assistance to students, who
have participated in services and activities under this
title, in finding an appropriate job and continuing
their education.
* * * * * * *
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)] (a) [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) * * *
* * * * * * *
[(c)] (b) Waiver for More Equitable Distribution.--The
Secretary may waive the application of [subsection (b)]
subsection (a) 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))] (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)] (c) Minimum Allocation.--
(1) * * *
* * * * * * *
[(e)] (d) Limited Jurisdiction Agencies.--
(1) * * *
* * * * * * *
[(f )] (e) Allocations to Area Vocational and Technical
Education Schools and Educational Service Agencies.--
(1) * * *
* * * * * * *
[(g)] (f ) Consortium Requirements.--
(1) * * *
* * * * * * *
[(h)] (g) 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)] (h) 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. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDUCATION.
(a) * * *
[(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)] (b) Construction.--Nothing in section 131 or 132 shall
be construed--
(1) * * *
* * * * * * *
[(d)] (c) 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) * * *
(b) Contents.--The eligible agency shall determine
requirements for local plans, except that each local plan
shall--
(1) * * *
(2) describe how the vocational and technical
education activities will be carried out with respect
to meeting State and local adjusted levels of
performance established under section 113;
(3) describe how the eligible recipient will--
(A) offer the appropriate courses of at least
one of the model sequences of courses described
in section 124(c)(1), as appropriate to the
eligible recipient responsible for that element
of the sequence;
[(A)] (B) 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 rigorous and challenging
academics with vocational and technical
education programs through a coherent sequence
of courses to ensure learning in the core
academic subjects (as defined by section
9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11))),
and vocational and technical subjects;
[(B)] (C) provide students with strong
experience in and understanding of all aspects
of an industry; and
[(C)] (D) ensure that students who
participate in such vocational and technical
education programs are taught to the same
rigorous and challenging academic proficiencies
as are taught for all other students;
(4) describe how comprehensive professional
development (including initial teacher preparation) for
vocational and technical, academic, guidance, and
administrative personnel will be provided that promotes
the integration of rigorous and challenging academic
and technical education (including curriculum
development);
[(4)] (5) describe how parents, students, academic
and vocational and technical 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 (including the
eligible recipients that offer elements of the model
sequence of courses) are effectively informed about,
and assisted in understanding, the requirements of this
title;
[(5)] (6) 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)] (7) describe the process that will be used to
independently evaluate and continuously improve the
performance of the eligible recipient;
[(7)] (8) 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; and
(C) will provide activities to prepare
special populations, including single parents
and displaced homemakers, for high skill, high
wage occupations that will lead to self-
sufficiency;
[(8)] (9) 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)] (10) describe how funds will be used to promote
preparation for nontraditional training and employment;
and
[(10)] (11) 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) * * *
(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] as
established in the State-developed model sequences of
courses described in section 122(c)(1)(A) to ensure
learning in the core academic subjects (as defined by
section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11))), and
vocational and technical subjects;
(2) link secondary vocational and technical education
and postsecondary vocational and technical education,
including offering model sequences of courses and
implementing tech-prep programs consistent with the
activities described in paragraph (3);
(3) support tech-prep programs (if the eligible
recipient receives the funds from the eligible agency
under section 112(a)(1)) that--
(A) are carried out under an articulation
agreement between the participants in a
consortium, which shall include--
(i) a local educational agency, an
intermediate educational agency or area
vocational and technical education
school serving secondary school
students, or a secondary school funded
by the Bureau of Indian Affairs; and
(ii)(I) a nonprofit institution of
higher education that offers--
(aa) a 2- or 4-year
degree program, or a 2-
year certificate
program, and is
qualified as an
institution of higher
education pursuant to
section 102 of the
Higher Education Act of
1965 (20 U.S.C. 1002)
(except those
institutions described
in section 102(a)(1)(C)
of such Act), including
an institution
receiving assistance
under the Tribally
Controlled College or
University Assistance
Act of 1978 (25 U.S.C.
1801 et seq.) and a
tribally controlled
postsecondary
vocational and
technical institution;
or
(bb) a 2-year
apprenticeship program
that follows secondary
instruction, if such
nonprofit institution
of higher education is
not prohibited from
receiving assistance
under part B of title
IV of the Higher
Education Act of 1965
(20 U.S.C. 1071 et
seq.) pursuant to the
provisions of section
435(a)(3) of such Act
(20 U.S.C. 1083(a)); or
(II) a proprietary institution of
higher education that offers a 2-year
associate degree program and is
qualified as an institution of higher
education pursuant to section 102 of
the Higher Education Act of 1965 (20
U.S.C. 1002), if such proprietary
institution of higher education is not
subject to a default management plan
required by the Secretary,
and may include nonprofit organizations that
provide eligible recipients with technology and
programs to enhance math and science skills,
employers, and labor organizations;
(B) consist of a minimum of 2 years of
secondary school preceding graduation and a
minimum of 2 years of higher education, or an
apprenticeship program of at least 2 years,
following secondary instruction;
(C) meet academic standards developed by the
State, including standards developed under
section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) for
secondary students, and support proficiency in
mathematics, science, reading, writing,
communications, and technologies;
(D) are comprised of model sequences of
courses that integrate rigorous and challenging
academics and vocational and technical
education;
(E) provide technical preparation in a career
field such as engineering technology; applied
science; a mechanical, industrial, or practical
art or trade; agriculture; health occupations;
business; applied economics; advanced
manufacturing; or other high-skill, high-wage,
high-demand occupations as determined by the
State;
(F) use, if appropriate and available, work-
based or worksite learning in conjunction with
academic and vocational and technical
education;
(G) use educational technology and distance
learning, as appropriate, to involve all the
consortium partners more fully in the
development and operation of programs;
(H) facilitate and promote close working
relationships among eligible recipients to
ensure that programs within a geographic area
are closely integrated with tech-prep program
activities;
(I) are sustainable and use performance
indicator data, described in section 113, to
inform program quality;
(J) include academic and career counseling
for participants that provides information to
students (and parents, as appropriate)
regarding tech-prep programs and supports
student progress in completing tech-prep
programs;
(K) include in-service training for teachers
that--
(i) provides for joint training for
teachers in tech-prep programs; and
(ii) is designed to ensure that
teachers and administrators stay
current with the needs, expectations,
and methods of business and all aspects
of an industry; and
(L) provide students with transferable credit
between the consortium members, as described in
subparagraph (A), and may include programs that
allow secondary programs to be co-located on
postsecondary campuses;
[(2)] (4) provide students with strong experience in
and understanding of all aspects of an industry;
[(3)] (5) develop, improve, or expand the use of
technology in vocational and technical education, and
the related math and science education, which may
include--
(A) * * *
(B) providing vocational and technical
education students with the academic, and
vocational and technical skills (including the
math and science knowledge that provides a
strong basis for such skills) that lead to
entry into the high technology [and
telecommunications field] fields; or
(C) encouraging schools to [work] collaborate
with high technology industries to offer
voluntary internships and mentoring programs
that improve the math and science knowledge of
students;
[(4)] (6) provide professional development programs
to [teachers,] secondary and postsecondary teachers,
instructors, 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] in
effective integration of rigorous and
challenging academic and vocational and
technical education, in effective teaching
skills based on scientifically based research,
and in effective practices to improve parental
and community involvement;
* * * * * * *
[(5)] (7) 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)] (8) initiate, improve, expand, and modernize
quality vocational and technical education programs;
[(7)] (9) provide services and activities that are of
sufficient size, scope, and quality to be effective;
and
(10) provide activities to prepare special
populations, including single parents and displaced
homemakers, for high skill, high wage occupations that
will lead to self sufficiency.
[(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) * * *
(2) to provide career guidance and academic
counseling for students participating in vocational and
technical education programs, regarding the range of
postsecondary options available, including for adult
students who are changing careers or updating skills;
* * * * * * *
(5) for local education and business partnerships,
including the establishment and operation of special
arrangements with industry partners that allow
qualified industry professionals to serve as faculty in
postsecondary programs;
* * * * * * *
(8) for leasing, purchasing, upgrading or adapting
equipment, including instructional [aides] aids and
publications;
(9) for teacher preparation programs that address the
integration of academic and vocational and technical
education and that assist individuals who are
interested in becoming vocational and technical
education instructors, including individuals with
experience in business and industry;
(10) to develop and expand postsecondary program
offerings that are accessible by students, including
the use of distance education;
(11) to provide activities to support
entrepreneurship education and training;
[(10)] (12) for improving or developing new
vocational and technical education courses, including
development of new proposed model sequences of courses
for consideration by the eligible agency and courses
that prepare individuals academically and technically
for current and emerging occupations that are in
demand, and dual enrollment opportunities by which
secondary vocational and technical education students
could obtain postsecondary credit to count towards an
associate or baccalaureate degree;
[(11)] (13) to provide support for family and
consumer sciences programs;
[(12)] (14) to provide vocational and technical
education programs for adults and school dropouts to
complete their secondary school education;
[(13)] (15) 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]
(16) to support training in nontraditional fields;
(17) to provide accurate information relating to the
availability of supportive services available in an
area served by the eligible recipient, and referral to
such services, as appropriate;
(18) to support the activities described in
subsection (b)(3); and
[(15)] (19) to support other vocational and technical
education activities that are consistent with the
purpose of this Act.
* * * * * * *
[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 nonduplicative
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 that serves 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
plan 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] II--GENERAL PROVISIONS
PART A--FEDERAL ADMINISTRATIVE PROVISIONS
SEC. [311] 211. FISCAL REQUIREMENTS.
(a) * * *
(b) Maintenance of Effort.--
(1) * * *
* * * * * * *
(3) Definition.--For purposes of this subsection, the
term ``preceding fiscal year'' means the Federal fiscal
year or the 12-month fiscal period used by a State for
official reporting purposes, prior to the beginning of
the Federal fiscal year in which funds are available
for obligation by the Secretary.
SEC. [312] 212. 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] 213. 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] 214. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this Act shall be used--
(1) * * *
* * * * * * *
SEC. [315] 215. 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] 216. 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. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND PERSONNEL.
(a) Participation on Equitable Basis.--
(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency that is eligible to receive funds
under this Act, or that serves the area in which a
program assisted under this Act is located, who are
enrolled in private nonprofit elementary schools and
secondary schools, or, with respect to instructional or
personnel training programs funded by an eligible
agency, the local educational agency, after
consultation with appropriate private school
officials--
(A) shall provide, on an equitable basis and
as may be necessary, for the benefit of such
children in such schools, secular, neutral, and
nonideological services (or other benefits),
materials, and equipment, including the
participation of the teachers of such children
(and other educational personnel serving such
children) in training programs; or
(B) if such services, materials, and
equipment are not feasible or necessary in one
or more such private schools (as determined by
the local educational agency after consultation
with the appropriate private school officials),
shall provide such other arrangements as will
assure equitable participation of such children
in the purposes and benefits of this Act.
(2) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children
shall apply to programs carried out under this Act by
an eligible agency or local educational agency, whether
directly or through grants to, or contracts with, other
public or private agencies, institutions, or
organizations.
(b) Equal Expenditures.--
(1) In general.--Expenditures for programs under
subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for
programs under this Act for children enrolled in the
public schools of the local educational agency.
(2) Concentrated programs.--When funds available to a
local educational agency under this Act are used to
concentrate programs on a particular group, attendance
area, or grade or age level, the local educational
agency shall, after consultation with the appropriate
private school officials, assure the equitable
participation in both the purposes and benefits of such
programs for children enrolled in private schools who
are included within the group, attendance area, or
grade or age level selected for such concentration,
taking into account the needs of the individual
children and other factors that relate to the
expenditures referred to in paragraph (1).
(c) Administrative Requirements.--
(1) Funds, materials and equipment.--
(A) Funds.--The control of funds expended
under this section shall be administered by a
public agency.
(B) Materials and equipment.--The title to
materials and equipment provided under this
section, shall remain with a public agency for
the uses and purposes provided in this Act
(2) Provision of services.--Services provided under
this Act shall be provided by employees of a public
agency or through contract by such a public agency with
a person, association, agency, organization,
institution or corporation that, in the provision of
such services, is independent of the private school and
of any religious organizations, and such employment or
contract shall be under the control and supervision of
such a public agency. The funds utilized under this
section shall not be commingled with State or local
funds.
(3) Timing and content of consultation.--The
consultation required under this section shall include
meetings of agency and private school officials and
shall occur before the eligible agency and local
educational agency makes any decision that affects the
opportunities of eligible private school children to
participate in programs under this Act. Such meetings
shall include a discussion of service delivery
mechanisms (including third party contractors) and
shall continue throughout implementation and assessment
of services under this Act.
(d) Waiver and Bypass Procedures.--
(1) State prohibition.--If an eligible agency or
local educational agency is prohibited, by reason of
any provision of law, from providing for the
participation in programs of children enrolled in
private elementary schools and secondary schools as
required by subsections (a) through (c), the Secretary
shall waive such requirements for the agency involved
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
(2) Failure to comply.--If the Secretary determines
that an eligible agency or a local educational agency
has substantially failed, or is unwilling, to provide
for the participation on an equitable basis of children
enrolled in private elementary schools and secondary
schools as required by subsections (a) through (c), the
Secretary may waive such requirements and shall arrange
for the provision of services to such children through
arrangements that shall be subject to the requirements
of this section.
(3) Payment from state allotment.--When the Secretary
arranges for services under this subsection, the
Secretary shall, after consultation with the
appropriate public school and private school officials,
pay the cost of such services, including the
administrative costs of arranging for those services,
from the appropriate allotment of the eligible agency
under this Act.
(4) Duration of determination.--Any determination by
the Secretary under this section shall continue in
effect until the Secretary determines that there will
no longer be any failure or inability on the Act of the
eligible agency or local educational agency to meet the
requirements of subsections (a) through (c).
(5) Review of determination.--The Secretary shall not
take any final action under this section until the
eligible agency and the local educational agency
affected by such action have had an opportunity, for
not less than 45 days after receiving written notice
thereof, to submit written objections and to appear
before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
(e) Withholding of Allotment or Allocation.--Pending final
resolution of any investigation or complaint that could result
in a waiver under subsection (d)(1) or (d)(2), the Secretary
may withhold from the allotment or allocation of the affected
eligible agency or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
services to be provided by the Secretary under such subsection.
(f) Prior Determination.--Any bypass determination by the
Secretary under Title I or Title IX of the Elementary and
Secondary Education Act of 1965 shall, to the extent consistent
with the purposes of this Act, apply to programs under this Act
until such determinations terminate or expire.
[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] 221. JOINT FUNDING.
(a) * * *
* * * * * * *
SEC. [322] 222. 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] 223. STATE ADMINISTRATIVE COSTS.
(a) * * *
* * * * * * *
SEC. [324] 224. 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] 225. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.
(a) * * *
* * * * * * *
ADDITIONAL VIEWS
Committee Democrats view federal support for career and
technical education as a critical means of ensuring that our
workforce is well trained for the jobs of the present and the
future. Career and technical education programs funded under
the Carl D. Perkins Vocational and Technical Education Act
provide the training and skills for high school and community
college students to prepare for post-secondary education and
employment and to ensure their future financial success.
While we supported H.R. 366, we believe it is unfortunate
that President Bush has attempted to undermine this program
through proposals for massive spending cuts totaling nearly $2
billion million since he took office. Over the past three
fiscal years, President Bush has proposed to eliminate the
career and technical education programs funded by the Perkins
Act. We have lost 1.7 million private sector jobs since the
start of the Bush Administration and hundreds of thousands of
American jobs have been outsourced to other countries.
Unfortunately, the Bush Administration's response has been to
shortchange our students and workers, instead of investing in
them.
We remain greatly concerned that over the past two years,
the Bush Administration has ignored the success of career and
technical programs funded under the Perkins Act. At the
secondary level and post-secondary level, these programs offer
critical workforce skills training to students preparing to
enter the workforce as well as those looking to enhance their
career opportunities. Representative Susan Davis offered a
``Sense of the Congress'' amendment to H.R. 366 highlighting
the critical nature of these programs to the business community
and their impact on the economy. This statement of policy was
needed to reinforce support for Perkins in light of the
Administration's ongoing effort to eliminate career and
technical education. The Amendment was rejected along party
lines.
Outsourcing continues to be one of the most persistent
problems for the American worker. Job training programs that
allow workers to upgrade skills for an advanced manufacturing
economy are in great demand today. Career and technical
education programs funded by the Perkins Act provide that
opportunity for young and mature workers while remedying the
effects of outsourcing on the American worker. Representatives
Holt and Wu offered an amendment intended to stem the tide of
outsourcing American manufacturing jobs. Specifically, the
amendment would establish a federal fund for local programs
that seek to give American manufacturing workers additional
skills and educational training. These funds would be used to
provide competitive grants to states with high levels of
unemployment in the manufacturing sector. States would then
offer grants on a competitive basis to local consortiums of K-
12 schools, institutions of higher education, advanced
manufacturing industries, and employer and labor organizations.
Each grant recipient would conduct a needs analysis of their
local workforce, and provide training to individuals seeking to
work in advanced manufacturing vocations. The amendment was
defeated on a mostly party line vote.
On February 15, 2005, the Subcommittee on Education Reform
heard a bipartisan panel of witnesses representing both state
and local perspectives support restoring state administrative
funds to five percent. Representative Woolsey offered an
amendment at the full Committee markup to restore the state
administrative set-aside from the two percent in the substitute
to five percent, which is current law. The Amendment failed
along party lines.
One of the positive aspects of H.R. 366 is that it
increases local accountability by requiring each local
recipient to establish levels of performance for each core
indicator of performance for secondary and postsecondary
students. Local providers must negotiate their levels of
performance every other year with the state.
Not only is this a tremendous new responsibility for
states, it is a tremendously important one. A state must
provide technical assistance to, and ultimately can withhold
funding from, local recipients that do not meet their levels of
performance. So, it is critical that the state, which has to
negotiate and approve those levels, has the resources to
negotiate them properly.
Another positive aspect of H.R. 366 is the inclusion of
``model sequences of courses,'' which will offer students a
seamless transition between high school and postsecondary
education. H.R. 366 requires states to develop these sequences,
and potentially, to approve sequences developed by local
programs. It is unlikely that these and other improvements in
H.R. 366 will be fully realized if states are not able to carry
out their own responsibilities and help local programs carry
out theirs. Increasing state responsibilities while decreasing
state administrative funds will not help states, will not help
local programs, and most important, will not help students.
This amendment was rejected on a party-line vote, with one
member of the Majority voting ``present.''
In 1998, this Committee voted along party lines to decrease
the funds available to states for career and technical
education in correctional institutions and institutions that
serve individuals with disabilities. We still believe these
cuts were unwise, especially considering that there has been a
10% increase in the number of individuals being released from
correctional institutions and re-entering communities.
Representative Danny Davis offered an amendment to allow States
to use up to 3% of their State Leadership funds, an increase of
2% over current law. This amendment drew the support of every
Democratic member present, but only one member of the Majority
party.
The number of prisoners in state and federal correctional
institutions continues to grow. There are currently over two
million prisoners in the criminal justice system, the majority
of whom will be returned to their communities. It is estimated
that 600,000 individuals will re-enter communities across the
country each year. Career and technical education programs are
integral to assisting ex-offenders in obtaining jobs, reducing
the likelihood that they will recidivate. Unfortunately, the
Committee bill does not adequately respond to the needs of
those in correctional institutions, or ex-offenders. The
availability of career and technical education programs in
correctional institutions has a direct impact on public safety.
The Department of Justice reported that 62% of individuals
released from state prisons will be re-arrested within three
years and 40% will be re-incarcerated. Due to the low education
level of the ex-offender population, additional teaching and
job training is needed to ensure success rather than failure
and to decrease the likelihood that an individual will re-
offend. Correctional institutions should have the tools and the
flexibility they need to prepare formerly incarcerated
individuals for returnto society. It is unfortunate that the
Majority is unwilling to provide this flexibility as an investment in
public safety.
Mr. Hinojosa offered and withdrew an amendment to include
the development and implementation of individual graduation and
career plans as an optional use of local funds. The purpose of
these plans would be to ensure that individual students clearly
understand the sequence of courses and academic and technical
skills required to achieve a standard high school diploma and
to be prepared for postsecondary education and their chosen
career path. Mr. Hinojosa withdrew the amendment in order to
continue dialogue with the Chairman to refine the language to
alleviate concerns that these plans could be construed as a
mandatory activity.
Ensuring that individual students develop a clear pathway
to graduation and careers, with the input of their parents and
assistance from guidance counselors and teachers, is an
effective strategy for increasing high school graduation rates
and preparation for postsecondary education and careers. This
concept is in line with the National Governors Association's
action plan for reforming high schools. Additionally, the
Subcommittee on Education Reform heard testimony on the value
of individual academic plans or graduation plans in Perkins
program--
Our third significant improvement is an
Individualized Academic Plan for each student. For a
successful education, we are customizing each student's
career path, constantly is extremely helpful in
enabling us to meet students' needs for career
counseling and other support services. Starting with
the coming year, students, parents, teachers and
counselors will agree on a plan that outlines what that
student needs to graduate and continue on a specific
career path. It is the optimum way to ensure that
students receive the education they need to continue on
to a productive career.--Roberta White, Ph.D.,
President and CEO, Great Oaks Institute of Technology
and Career Development, Hearing on ``Examining Success
in Vocational Education,'' April 27, 2004.
Lastly, Democrats remain concerned about the consolidation
of the Tech Prep program funding into the Basic State Grant.
While we agree that the program faced challenges with
implementation, we contend that the flaw in implementation
throughout the country is due mainly to the inadequacy of the
definition of Tech Prep in current law and the lack of program
quality controls. H.R. 366 requires each state to set-aside the
same level of funding for Tech Prep as was allocated in FY05
and requires local recipients to use those funds for Tech Prep-
like activities. It is unclear whether the changes in H.R. 366
will lead to any substantive improvements to the Tech Prep
program. Representatives Tierney and Kind offered an amendment
to restore the Tech Prep program as a separate program. The
amendment failed along party lines. Democrats encourage
additional oversight of the Tech Prep program at the state and
federal levels upon reauthorization of the Perkins Act.
George Miller.
Tim Ryan.
John F. Tierney.
Carolyn McCarthy.
Chris Van Hollen.
Raul M. Grijalva.
Susan Davis.
Timothy Bishop.
Dale E. Kildee.
Ruben Hinojosa.
Major R. Owens.
Lynn Woolsey.
Robert C. Scott.
Ron Kind.
Betty McCollum.
John Barrow.
Robert E. Andrews.
Donald M. Payne.
Dennis Kucinich.
Danny K. Davis.
Rush Holt.
David Wu.