[House Report 109-597]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-597

======================================================================



 
 CARL D. PERKINS CAREER AND TECHNICAL EDUCATION IMPROVEMENT ACT OF 2006

                                _______
                                

                 July 25, 2006.--Ordered to be printed

                                _______
                                

 Mr. McKeon, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 250]

    The committee of conference on the disagreeing votes of the 
two Houses on the amendments of the House to the bill (S. 250), 
to amend the Carl D. Perkins Vocational and Technical Education 
Act of 1998 to improve the Act, having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
    That the Senate recede from its disagreement to the 
amendment of the House to the text of the bill and agree to the 
same with an amendment as follows:
    In lieu of the matter proposed to be inserted by the House 
amendment, insert the following:

SECTION 1. SHORT TITLE; AMENDMENT.

    (a) Short Title.--This Act may be cited as the ``Carl D. 
Perkins Career and Technical Education Improvement Act of 
2006''.
    (b) Amendment.--The Carl D. Perkins Vocational and 
Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is 
amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Carl D. 
Perkins Career and Technical Education Act of 2006'.
    ``(b) Table of Contents.--The table of contents for this 
Act is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.

   ``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                   ``PART A--Allotment and Allocation

``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical 
          institutions.
``Sec. 118. Occupational and employment information.

                       ``PART B--State Provisions

``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.

                       ``PART C--Local Provisions

``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local plan for career and technical education programs.
``Sec. 135. Local uses of funds.

                     ``TITLE II--TECH PREP EDUCATION

``Sec. 201. State allotment and application.
``Sec. 202. Consolidation of funds.
``Sec. 203. Tech prep program.
``Sec. 204. Consortium applications.
``Sec. 205. Report.
``Sec. 206. 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. Participation of private school personnel and children.
``Sec. 318. Limitation on Federal regulations.

                ``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. Student assistance and other Federal programs.

``SEC. 2. PURPOSE.

    ``The purpose of this Act is to develop more fully the 
academic and career and technical skills of secondary education 
students and postsecondary education students who elect to 
enroll in career and technical education programs, by--
            ``(1) building on the efforts of States and 
        localities to develop challenging academic and 
        technical standards and to assist students in meeting 
        such standards, including preparation for high skill, 
        high wage, or high demand occupations in current or 
        emerging professions;
            ``(2) promoting the development of services and 
        activities that integrate rigorous and challenging 
        academic and career and technical instruction, and that 
        link secondary education and postsecondary education 
        for participating career and technical education 
        students;
            ``(3) increasing State and local flexibility in 
        providing services and activities designed to develop, 
        implement, and improve career and technical education, 
        including tech prep education;
            ``(4) conducting and disseminating national 
        research and disseminating information on best 
        practices that improve career and technical education 
        programs, services, and activities;
            ``(5) providing technical assistance that--
                    ``(A) promotes leadership, initial 
                preparation, and professional development at 
                the State and local levels; and
                    ``(B) improves the quality of career and 
                technical education teachers, faculty, 
                administrators, and counselors;
            ``(6) supporting partnerships among secondary 
        schools, postsecondary institutions, baccalaureate 
        degree granting institutions, area career and technical 
        education schools, local workforce investment boards, 
        business and industry, and intermediaries; and
            ``(7) providing individuals with opportunities 
        throughout their lifetimes to develop, in conjunction 
        with other education and training programs, the 
        knowledge and skills needed to keep the United States 
        competitive.

``SEC. 3. DEFINITIONS.

    ``Unless otherwise specified, in this Act:
            ``(1) Administration.--The term `administration', 
        when used with respect to an eligible agency or 
        eligible recipient, means activities necessary for the 
        proper and efficient performance of the eligible agency 
        or eligible recipient's duties under this Act, 
        including the supervision of such activities. Such term 
        does not include curriculum development activities, 
        personnel development, or research activities.
            ``(2) All aspects of an industry.--The term `all 
        aspects of an industry' means strong experience in, and 
        comprehensive understanding of, the industry that the 
        individual is preparing to enter, including information 
        as described in section 118.
            ``(3) Area career and technical education school.--
        The term `area career and technical education school' 
        means--
                    ``(A) a specialized public secondary school 
                used exclusively or principally for the 
                provision of career and technical education to 
                individuals who are available for study in 
                preparation for entering the labor market;
                    ``(B) the department of a public secondary 
                school exclusively or principally used for 
                providing career and technical education in not 
                fewer than 5 different occupational fields to 
                individuals who are available for study in 
                preparation for entering the labor market;
                    ``(C) a public or nonprofit technical 
                institution or career and technical education 
                school used exclusively or principally for the 
                provision of career and technical education to 
                individuals who have completed or left 
                secondary school and who are available for 
                study in preparation for entering the labor 
                market, if the institution or school admits, as 
                regular students, individuals who have 
                completed secondary school and individuals who 
                have left secondary school; or
                    ``(D) the department or division of an 
                institution of higher education, that operates 
                under the policies of the eligible agency and 
                that provides career and technical education in 
                not fewer than 5 different occupational fields 
                leading to immediate employment but not 
                necessarily leading to a baccalaureate degree, 
                if the department or division admits, as 
                regular students, both individuals who have 
                completed secondary school and individuals who 
                have left secondary school.
            ``(4) Articulation agreement.--The term 
        `articulation agreement' means a written commitment--
                    ``(A) that is agreed upon at the State 
                level or approved annually by the lead 
                administrators of--
                            ``(i) a secondary institution and a 
                        postsecondary educational institution; 
                        or
                            ``(ii) a subbaccalaureate degree 
                        granting postsecondary educational 
                        institution and a baccalaureate degree 
                        granting postsecondary educational 
                        institution; and
                    ``(B) to a program that is--
                            ``(i) designed to provide students 
                        with a nonduplicative sequence of 
                        progressive achievement leading to 
                        technical skill proficiency, a 
                        credential, a certificate, or a degree; 
                        and
                            ``(ii) linked through credit 
                        transfer agreements between the 2 
                        institutions described in clause (i) or 
                        (ii) of subparagraph (A) (as the case 
                        may be).
            ``(5) Career and technical education.--The term 
        `career and technical education' means organized 
        educational activities that--
                    ``(A) offer a sequence of courses that--
                            ``(i) provides individuals with 
                        coherent and rigorous content aligned 
                        with challenging academic standards and 
                        relevant technical knowledge and skills 
                        needed to prepare for further education 
                        and careers in current or emerging 
                        professions;
                            ``(ii) provides technical skill 
                        proficiency, an industry-recognized 
                        credential, a certificate, or an 
                        associate degree; and
                            ``(iii) may include prerequisite 
                        courses (other than a remedial course) 
                        that meet the requirements of this 
                        subparagraph; and
                    ``(B) include competency-based applied 
                learning that contributes to the academic 
                knowledge, higher-order reasoning and problem-
                solving skills, work attitudes, general 
                employability skills, technical skills, and 
                occupation-specific skills, and knowledge of 
                all aspects of an industry, including 
                entrepreneurship, of an individual.
            ``(6) Career and technical student organization.--
                    ``(A) In general.--The term `career and 
                technical student organization' means an 
                organization for individuals enrolled in a 
                career and technical education program 
thatengages in career and technical education activities as an integral 
part of the instructional program.
                    ``(B) State and national units.--An 
                organization described in subparagraph (A) may 
                have State and national units that aggregate 
                the work and purposes of instruction in career 
                and technical education at the local level.
            ``(7) Career guidance and academic counseling.--The 
        term `career guidance and academic counseling' means 
        guidance and counseling that--
                    ``(A) provides access for students (and 
                parents, as appropriate) to information 
                regarding career awareness and planning with 
                respect to an individual's occupational and 
                academic future; and
                    ``(B) provides information with respect to 
                career options, financial aid, and 
                postsecondary options, including baccalaureate 
                degree programs.
            ``(8) Charter school.--The term `charter school' 
        has the meaning given the term in section 5210 of the 
        Elementary and Secondary Education Act of 1965.
            ``(9) Cooperative education.--The term `cooperative 
        education' means a method 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 career and technical education instruction, by 
        alternation of study in school with a job in any 
        occupational field, which alternation--
                    ``(A) shall be planned and supervised by 
                the school and employer so that each 
                contributes to the education and employability 
                of the individual; and
                    ``(B) 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.
            ``(10) Displaced homemaker.--The term `displaced 
        homemaker' means an individual who--
                    ``(A)(i) has worked primarily without 
                remuneration to care for a home and family, and 
                for that reason has diminished marketable 
                skills;
                    ``(ii) has been dependent on the income of 
                another family member but is no longer 
                supported by that income; or
                    ``(iii) is a parent whose youngest 
                dependent child will become ineligible to 
                receive assistance under part A of title IV of 
                the Social Security Act (42 U.S.C. 601 et seq.) 
                not later than 2 years after the date on which 
                the parent applies for assistance under such 
                title; and
                    ``(B) is unemployed or underemployed and is 
                experiencing difficulty in obtaining or 
                upgrading employment.
            ``(11) 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.
            ``(12) 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 career and technical education in 
        the State or for the supervision of the administration 
        of career and technical education in the State.
            ``(13) Eligible institution.--The term `eligible 
        institution' means--
                    ``(A) a public or nonprofit private 
                institution of higher education that offers 
                career and technical education courses that 
                lead to technical skill proficiency, an 
                industry-recognized credential, a certificate, 
                or a degree;
                    ``(B) a local educational agency providing 
                education at the postsecondary level;
                    ``(C) an area career and technical 
                education school providing education at the 
                postsecondary level;
                    ``(D) a postsecondary educational 
                institution controlled by the Bureau of Indian 
                Affairs or operated by or on behalf of any 
                Indian tribe that is eligible to contract with 
                the Secretary of the Interior for the 
                administration of programs under the Indian 
                Self-Determination and Education Assistance Act 
                (25 U.S.C. 450 et seq.) or the Act of April 16, 
                1934 (25 U.S.C. 452 et seq.);
                    ``(E) an educational service agency; or
                    ``(F) a consortium of 2 or more of the 
                entities described in subparagraphs (A) through 
                (E).
            ``(14) Eligible recipient.--The term `eligible 
        recipient' means--
                    ``(A) a local educational agency (including 
                a public charter school that operates as a 
                local educational agency), an area career and 
                technical education school, an educational 
                service agency, or a consortium, eligible to 
                receive assistance under section 131; or
                    ``(B) an eligible institution or consortium 
                of eligible institutions eligible to receive 
                assistance under section 132.
            ``(15) Governor.--The term `Governor' means the 
        chief executive officer of a State.
            ``(16) Individual with limited english 
        proficiency.--The term `individual with limited English 
        proficiency' means a secondary school student, an 
        adult, or an out-of-school youth, who has limited 
        ability in speaking, reading, writing, or understanding 
        the English language, and--
                    ``(A) whose native language is a language 
                other than English; or
                    ``(B) who lives in a family or community 
                environment in which a language other than 
                English is the dominant language.
            ``(17) Individual with a disability.--
                    ``(A) In general.--The term `individual 
                with a disability' means an individual with any 
                disability (as defined in section 3 of the 
                Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102)).
                    ``(B) Individuals with disabilities.--The 
                term `individuals with disabilities' means more 
                than 1 individual with a disability.
            ``(18) 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.
            ``(19) 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.
            ``(20) Non-traditional fields.--The term `non-
        traditional 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.
            ``(21) Outlying area.--The term `outlying area' 
        means the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the Republic of Palau.
            ``(22) Postsecondary educational institution.--The 
        term `postsecondary educational institution' means--
                    ``(A) an institution of higher education 
                that provides not less than a 2-year program of 
                instruction that is acceptable for credit 
                toward a bachelor's degree;
                    ``(B) a tribally controlled college or 
                university; or
                    ``(C) a nonprofit educational institution 
                offering certificate or apprenticeship programs 
                at the postsecondary level.
            ``(23) Postsecondary education tech prep student.--
        The term `postsecondary education tech prep student' 
        means a student who--
                    ``(A) has completed the secondary education 
                component of a tech prep program; and
                    ``(B) has enrolled in the postsecondary 
                education component of a tech prep program at 
                an institution of higher education described in 
                clause (i) or (ii) of section 203(a)(1)(B).
            ``(24) 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.
            ``(25) Scientifically based research.--The term 
        `scientifically based research' means research that is 
        carried out using scientifically based research 
        standards, as defined in section 102 of the Education 
        Sciences Reform Act of 2002 (20 U.S.C. 9501).
            ``(26) Secondary education tech prep student.--The 
        term `secondary education tech prep student' means a 
        secondary education student who has enrolled in 2 
        courses in the secondary education component of a tech 
        prep program.
            ``(27) Secondary school.--The term `secondary 
        school' has the meaning given the term in section 9101 
        of the Elementary and Secondary Education Act of 1965.
            ``(28) Secretary.--The term `Secretary' means the 
        Secretary of Education.
            ``(29) Special populations.--The term `special 
        populations' means--
                    ``(A) individuals with disabilities;
                    ``(B) individuals from economically 
                disadvantaged families, including foster 
                children;
                    ``(C) individuals preparing for non-
                traditional fields;
                    ``(D) single parents, including single 
                pregnant women;
                    ``(E) displaced homemakers; and
                    ``(F) individuals with limited English 
                proficiency.
            ``(30) 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.
            ``(31) Support services.--The term `support 
        services' means services related to curriculum 
        modification, equipment modification, classroom 
        modification, supportive personnel, and instructional 
        aids and devices.
            ``(32) Tech prep program.--The term `tech prep 
        program' means a tech prep program described in section 
        203(c).
            ``(33) Tribally controlled college or university.--
        The term `tribally controlled college or university' 
        has the meaning given the term in section 2(a) of the 
        Tribally Controlled College or University Assistance 
        Act of 1978 (25 U.S.C. 1801(a)).
            ``(34) Tribally controlled postsecondary career and 
        technical institution.--The term `tribally controlled 
        postsecondary career and technical institution' means 
        an institution of higher education (as defined in 
        section 101 of the Higher Education Act of 1965, except 
        that subsection (a)(2) of such section shall not be 
        applicable and the reference to Secretary in subsection 
        (a)(5) of such section shall be deemed to refer to the 
        Secretary of the Interior) that--
                    ``(A) is formally controlled, or has been 
                formally sanctioned or chartered, by the 
                governing body of an Indian tribe or Indian 
                tribes;
                    ``(B) offers a technical degree or 
                certificate granting program;
                    ``(C) is governed by a board of directors 
                or trustees, a majority of whom are Indians;
                    ``(D) demonstrates adherence to stated 
                goals, a philosophy, or a plan of operation, 
                that fosters individual Indian economic and 
                self-sufficiency opportunity, including 
                programs that are appropriate to stated tribal 
                goals of developing individual 
                entrepreneurships and self-sustaining economic 
                infrastructures on reservations;
                    ``(E) has been in operation for at least 3 
                years;
                    ``(F) holds accreditation with or is a 
                candidate for accreditation by a nationally 
                recognized accrediting authority for 
                postsecondary career and technical education; 
                and
                    ``(G) enrolls the full-time equivalent of 
                not less than 100 students, of whom a majority 
                are Indians.

``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 (as amended by the Carl 
D. Perkins Career and Technical Education Improvement Act of 
2006) from any authority under the provisions of the Carl D. 
Perkins Vocational and Technical Education Act of 1998, as in 
effect on the day before the date of enactment of the Carl D. 
Perkins Career and Technical Education Improvement Act of 2006. 
The Secretary shall give each eligible agency the opportunity 
to submit a transition plan for the first fiscal year following 
the date of enactment of the Carl D. Perkins Career and 
Technical Education Improvement Act of 2006.

``SEC. 5. PRIVACY.

    ``(a) GEPA.--Nothing in this Act shall be construed to 
supersede the privacy protections afforded parents and students 
under section 444 of the General Education Provisions Act (20 
U.S.C. 1232g).
    ``(b) Prohibition on Development of National Database.--
Nothing in this Act shall be construed to permit the 
development of a national database of personally identifiable 
information on individuals receiving services under this Act.

``SEC. 6. LIMITATION.

    ``All of the funds made available under this Act shall be 
used in accordance with the requirements of this Act.

``SEC. 7. SPECIAL RULE.

    ``In the case of a local community in which no employees 
are represented by a labor organization, for purposes of this 
Act, the term `representatives of employees' shall be 
substituted for `labor organization'.

``SEC. 8. 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, except as 
required under sections 112(b), 311(b), and 323.
    ``(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 career and technical content standards or student 
academic and career 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.
    ``(e) Coherent and Rigorous Content.--For the purposes of 
this Act, coherent and rigorous content shall be determined by 
the State consistent with section 1111(b)(1)(D) of the 
Elementary and Secondary Education Act of 1965.

``SEC. 9. 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 2007 
through 2012.

   ``TITLE I--CAREER 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 9 for each fiscal year, the Secretary 
        shall reserve--
                    ``(A) 0.13 percent to carry out section 
                115; and
                    ``(B) 1.50 percent to carry out section 
                116, of which--
                            ``(i) 1.25 percent of the sum shall 
                        be available to carry out section 
                        116(b); and
                            ``(ii) 0.25 percent of the sum 
                        shall be available to carry out section 
                        116(h).
            ``(2) State allotment formula.--Subject to 
        paragraphs (3), (4), and (5), from the remainder of the 
        sum appropriated under section 9 and not reserved under 
        paragraph (1) for a fiscal year, the Secretary shall 
        allot to a State for the fiscal year--
                    ``(A) an amount that bears the same ratio 
                to 50 percent of the sum being allotted as the 
                product of the population aged 15 to 19 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States;
                    ``(B) an amount that bears the same ratio 
                to 20 percent of the sum being allotted as the 
                product of the population aged 20 to 24, 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States;
                    ``(C) an amount that bears the same ratio 
                to 15 percent of the sum being allotted as the 
                product of the population aged 25 to 65, 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States; and
                    ``(D) an amount that bears the same ratio 
                to 15 percent of the sum being allotted as the 
                amounts allotted to the State under 
                subparagraphs (A), (B), and (C) for such years 
                bears to the sum of the amounts allotted to all 
                the States under subparagraphs (A), (B), and 
                (C) for such year.
            ``(3) Minimum allotment for years with no 
        additional funds.--
                    ``(A) In general.--Notwithstanding any 
                other provision of law and subject to 
                subparagraphs (B) and (C), and paragraph (5), 
                for a fiscal year for which there are no 
                additional funds (as such term is defined in 
                paragraph (4)(D)), no State shall receive for 
                such fiscal year under this subsection less 
                than \1/2\ of 1 percent of the amount 
                appropriated under section 9 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.
                    ``(C) Special rule.--
                            ``(i) In general.--Subject to 
                        paragraph (5), 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; 
                                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.
            ``(4) Minimum allotment for years with additional 
        funds.--
                    ``(A) In general.--Subject to subparagraph 
                (B) and paragraph (5), for a fiscal year for 
                which there are additional funds, no State 
                shall receive for such fiscal year under this 
                subsection less than \1/2\ of 1 percent of the 
                amount appropriated under section 9 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) Special rule.--In the case of a 
                qualifying State, the minimum allotment under 
                subparagraph (A) for a fiscal year for the 
                qualifying State shall be the lesser of--
                            ``(i) \1/2\ of 1 percent of the 
                        amount appropriated under section 9 and 
                        not reserved under paragraph (1) for 
                        such fiscal year; and
                            ``(ii) the sum of--
                                    ``(I) the amount the 
                                qualifying State was allotted 
                                under paragraph (2) for fiscal 
                                year 2006 (as such paragraph 
                                was in effect on the day before 
                                the date of enactment of the 
                                Carl D. Perkins Career and 
                                Technical Education Improvement 
                                Act of 2006); and
                                    ``(II) the product of--
                                            ``(aa) \1/3\ of the 
                                        additional funds; 
                                        multiplied by
                                            ``(bb) the quotient 
                                        of--
                                                    ``(AA) the 
                                                qualifying 
                                                State's ratio 
                                                described in 
                                                subparagraph 
                                                (C) for the 
                                                fiscal year for 
                                                which the 
                                                determination 
                                                is made; 
                                                divided by
                                                    ``(BB) the 
                                                sum of all such 
                                                ratios for all 
                                                qualifying 
                                                States for the 
                                                fiscal year for 
                                                which the 
                                                determination 
                                                is made.
                    ``(C) Ratio.--For purposes of subparagraph 
                (B)(ii)(II)(bb)(AA), the ratio for a qualifying 
                State for a fiscal year shall be 1.00 less the 
                quotient of--
                            ``(i) the amount the qualifying 
                        State was allotted under paragraph (2) 
                        for fiscal year 2006 (as such paragraph 
                        was in effect on the day before the 
                        date of enactment of the Carl D. 
                        Perkins Career and Technical Education 
                        Improvement Act of 2006); divided by
                            ``(ii) \1/2\ of 1 percent of the 
                        amount appropriated under section 9 and 
                        not reserved under paragraph (1) for 
                        the fiscal year for which the 
                        determination is made.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) Additional funds.--The term 
                        `additional funds' means the amount by 
                        which--
                                    ``(I) the sum appropriated 
                                under section 9 and not 
                                reserved under paragraph (1) 
                                for a fiscal year; exceeds
                                    ``(II) the sum of--
                                            ``(aa) the amount 
                                        allotted under 
                                        paragraph (2) for 
                                        fiscal year 2006 (as 
                                        such paragraph (2) was 
                                        in effect on the day 
                                        before the date of 
                                        enactment of the Carl 
                                        D. Perkins Career and 
                                        Technical Education 
                                        Improvement Act of 
                                        2006);
                                            ``(bb) the amount 
                                        reserved under 
                                        paragraph (1)(C) for 
                                        fiscal year 2006 (as 
                                        such paragraph (1)(C) 
                                        was so in effect); and
                                            ``(cc) $827,671.
                            ``(ii) Qualifying state.--The term 
                        `qualifying State' means a State 
                        (except the United States Virgin 
                        Islands) that, for the fiscal year for 
                        which a determination under this 
                        paragraph is made, would receive, under 
                        the allotment formula under paragraph 
                        (2) (without the application of this 
                        paragraph and paragraphs (3) and (5)), 
                        an amount that would be less than the 
                        amount the State would receive under 
                        subparagraph (A) for such fiscal year.
            ``(5) Hold harmless.--
                    ``(A) In general.--No State shall receive 
                an allotment under this section for a fiscal 
                year that is less than the allotment the State 
                received under part A of title I of the Carl D. 
                Perkins Vocational and Applied Technology 
                Education Act (20 U.S.C. 2311 et seq.) (as such 
                part was in effect on the day before the date 
                of enactment of the Carl D. Perkins Vocational 
                and Applied Technology Education Amendments of 
                1998) for fiscal year 1998.
                    ``(B) Ratable reduction.--If for any fiscal 
                year the amount appropriated for allotments 
                under this section is insufficient to satisfy 
                the provisions of subparagraph (A), the 
                payments to all States under such subparagraph 
                shall be ratably reduced.
    ``(b) Reallotment.--If the Secretary determines that any 
amount of any State's allotment under subsection (a) for any 
fiscal year will not be required for such fiscal year for 
carrying out the activities for which such amount has been 
allotted, the Secretary shall make such amount available for 
reallotment. Any such reallotment among other States shall 
occur on such dates during the same year as the Secretary shall 
fix, and shall be made on the basis of criteria established by 
regulation. No funds may be reallotted for any use other than 
the use for which the funds were appropriated. Any amount 
reallotted to a State under this subsection for any fiscal year 
shall remain available for obligation during the succeeding 
fiscal year and shall be deemed to be part of the State's 
allotment for the year in which the amount is obligated.
    ``(c) Allotment Ratio.--
            ``(1) In general.--The allotment ratio for any 
        State shall be 1.00 less the product of--
                    ``(A) 0.50; and
                    ``(B) the quotient obtained by dividing the 
                per capita income for the State by the per 
                capita income for all the States (exclusive of 
                the Commonwealth of Puerto Rico and the United 
                States Virgin Islands), except that--
                            ``(i) the allotment ratio in no 
                        case shall be more than 0.60 or less 
                        than 0.40; and
                            ``(ii) the allotment ratio for the 
                        Commonwealth of Puerto Rico and the 
                        United States Virgin Islands shall be 
                        0.60.
            ``(2) Promulgation.--The allotment ratios shall be 
        promulgated by the Secretary for each fiscal year 
        between October 1 and December 31 of the fiscal year 
        preceding the fiscal year for which the determination 
        is made. Allotment ratios shall be computed on the 
        basis of the average of the appropriate per capita 
        incomes for the 3 most recent consecutive fiscal years 
        for which satisfactory data are available.
            ``(3) Definition of per capita income.--For the 
        purpose of this section, the term `per capita income' 
        means, with respect to a fiscal year, the total 
        personal income in the calendar year ending in such 
        year, divided by the population of the area concerned 
        in such year.
            ``(4) Population determination.--For the purposes 
        of this section, population shall be determined by the 
        Secretary on the basis of the latest estimates 
        available to the Department of Education.
    ``(d) Definition of State.--For the purpose of this 
section, the term `State' means each of the several States of 
the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, and the United States Virgin Islands.

``SEC. 112. WITHIN STATE ALLOCATION.

    ``(a) In General.--From the amount allotted to each State 
under section 111 for a fiscal year, the 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 
                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 non-traditional 
                fields; 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 a local plan;
                    ``(C) monitoring and evaluating program 
                effectiveness;
                    ``(D) assuring compliance with all 
                applicable Federal laws;
                    ``(E) providing technical assistance; and
                    ``(F) supporting and developing State data 
                systems relevant to the provisions of this Act.
    ``(b) Matching Requirement.--Each eligible agency receiving 
funds made available under subsection (a)(3) shall match, from 
non-Federal sources and on a dollar-for-dollar basis, the funds 
received under subsection (a)(3).
    ``(c) Reserve.--From amounts made available under 
subsection (a)(1) to carry out this subsection, an eligible 
agency may award grants to eligible recipients for career and 
technical education activities described in section 135 in--
            ``(1) rural areas;
            ``(2) areas with high percentages of career and 
        technical education students; and
            ``(3) areas with high numbers of career and 
        technical education students.

``SEC. 113. ACCOUNTABILITY.

    ``(a) Purpose.--The purpose of this section is to establish 
and support State and local performance accountability systems, 
comprised of the activities described in this section, to 
assess the effectiveness of the State and the eligible 
recipients of the State in achieving statewide progress in 
career and technical education, and to optimize the return of 
investment of Federal funds in career and technical education 
activities.
    ``(b) State Performance Measures.--
            ``(1) In general.--Each eligible agency, with input 
        from eligible recipients, shall establish performance 
        measures for a State that consist of--
                    ``(A) the core indicators of performance 
                described in subparagraphs (A) and (B) of 
                paragraph (2);
                    ``(B) any additional indicators of 
                performance (if any) identified by the eligible 
                agency under paragraph (2)(C); and
                    ``(C) a State adjusted level of performance 
                described in paragraph (3)(A) for each core 
                indicator of performance, and State levels of 
                performance described in paragraph (3)(B) for 
                each additional indicator of performance.
            ``(2) Indicators of performance.--
                    ``(A) Core indicators of performance for 
                career and technical education students at the 
                secondary level.--Each eligible agency shall 
                identify in the State plan core indicators of 
                performance for career and technical education 
                students at the secondary level that are valid 
                and reliable, and that include, at a minimum, 
                measures of each of the following:
                            ``(i) Student attainment of 
                        challenging academic content standards 
                        and student academic achievement 
                        standards, as adopted by a State in 
                        accordance with section 1111(b)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965 and measured by the State 
                        determined proficient levels on the 
                        academic assessments described in 
                        section 1111(b)(3) of such Act.
                            ``(ii) Student attainment of career 
                        and technical skill proficiencies, 
                        including student achievement on 
                        technical assessments, that are aligned 
                        with industry-recognized standards, if 
                        available and appropriate.
                            ``(iii) Student rates of attainment 
                        of each of the following:
                                    ``(I) A secondary school 
                                diploma.
                                    ``(II) A General Education 
                                Development (GED) credential, 
                                or other State-recognized 
                                equivalent (including 
                                recognized alternative 
                                standards for individuals with 
                                disabilities).
                                    ``(III) A proficiency 
                                credential, certificate, or 
                                degree, in conjunction with a 
                                secondary school diploma (if 
                                such credential, certificate, 
                                or degree is offered by the 
                                State in conjunction with a 
                                secondary school diploma).
                            ``(iv) Student graduation rates (as 
                        described in section 1111(b)(2)(C)(vi) 
                        of the Elementary and Secondary 
                        Education Act of 1965).
                            ``(v) Student placement in 
                        postsecondary education or advanced 
                        training, in military service, or in 
                        employment.
                            ``(vi) Student participation in and 
                        completion of career and technical 
                        education programs that lead to non-
                        traditional fields.
                    ``(B) Core indicators of performance for 
                career and technical education students at the 
                postsecondary level.--Each eligible agency 
                shall identify in the State plan core 
                indicators of performance for career and 
                technical education students at the 
                postsecondary level that are valid and 
                reliable, and that include, at a minimum, 
                measures of each of the following:
                            ``(i) Student attainment of 
                        challenging career and technical skill 
                        proficiencies, including student 
                        achievement on technical assessments, 
                        that are aligned with industry-
                        recognized standards, if available and 
                        appropriate.
                            ``(ii) Student attainment of an 
                        industry-recognized credential, a 
                        certificate, or a degree.
                            ``(iii) Student retention in 
                        postsecondary education or transfer to 
                        a baccalaureate degree program.
                            ``(iv) Student placement in 
                        military service or apprenticeship 
                        programs or placement or retention in 
                        employment, including placement in high 
                        skill, high wage, or high demand 
                        occupations or professions.
                            ``(v) Student participation in, and 
                        completion of, career and technical 
                        education programs that lead to 
                        employment in non-traditional fields.
                    ``(C) Additional indicators of 
                performance.--An eligible agency, with input 
                from eligible recipients, may identify in the 
                State plan additional indicators of performance 
                for career and technical education activities 
                authorized under this title, such as attainment 
                of self-sufficiency.
                    ``(D) Existing indicators.--If a State has 
                developed, prior to the date of enactment of 
                the Carl D. Perkins Career and Technical 
                Education Improvement Act of 2006, State career 
                and technical education performance measures 
                that meet the requirements of this section (as 
                amended by such Act), the State may use such 
                performance measures to measure the progress of 
                career and technical education students.
                    ``(E) State role.--Indicators of 
                performance described in this paragraph shall 
                be established solely by each eligible agency 
                with input from eligible recipients.
                    ``(F) Alignment of performance 
                indicators.--In the course of developing core 
                indicators of performance and additional 
                indicators of performance, an eligible agency 
                shall, to the greatest extent possible, align 
                the indicators so that substantially similar 
                information gathered for other State and 
                Federal programs, or for any other purpose, is 
                used to meet the requirements of this section.
            ``(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 subparagraphs (A) and (B) 
                        of paragraph (2) for career and 
                        technical education activities 
                        authorized under this title. The levels 
                        of performance established under this 
                        subparagraph shall, at a minimum--
                                    ``(I) be expressed in a 
                                percentage or numerical form, 
                                so as to be objective, 
                                quantifiable, and measurable; 
                                and
                                    ``(II) require the State to 
                                continually make progress 
                                toward improving the 
                                performance of career and 
                                technical education students.
                            ``(ii) Identification in the state 
                        plan.--Subject to section 4, each 
                        eligible agency shall identify, in the 
                        State plan submitted under section 122, 
                        levels of performance for each of the 
                        core indicators of performance for the 
                        first 2 program years covered by the 
                        State plan.
                            ``(iii) Agreement on state adjusted 
                        levels of performance for first 2 
                        years.--The Secretary and each eligible 
                        agency shall reach agreement on the 
                        levels of performance for each of the 
                        core indicators of performance, for the 
                        first 2 program years covered by the 
                        State plan, taking into account the 
                        levels identified in the State plan 
                        under clause (ii) and the factors 
                        described in clause (vi). The levels of 
                        performance agreed to under this clause 
                        shall be considered to be the State 
                        adjusted level of performance for the 
                        State for such years and shall be 
                        incorporated into the State plan prior 
                        to the approval of such plan.
                            ``(iv) Role of the secretary.--The 
                        role of the Secretary in the agreement 
                        described in clauses (iii) and (v) is 
                        limited to reaching agreement on the 
                        percentage or number of students who 
                        attain the State adjusted levels of 
                        performance.
                            ``(v) Agreement on state adjusted 
                        levels of performance for subsequent 
                        years.--Prior to the third and fifth 
                        program years 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 corresponding 
                        subsequent program years covered by the 
                        State plan, taking into account the 
                        factors described in clause (vi). The 
                        State adjusted levels of performance 
                        agreed to under this clause shall be 
                        considered to be the State adjusted 
                        levels of performance for the State for 
                        such years and shall be incorporated 
                        into the State plan.
                            ``(vi) Factors.--The agreement 
                        described in clause (iii) or (v) shall 
                        take into account--
                                    ``(I) how the levels of 
                                performance involved compare 
                                with the State adjusted levels 
                                of performance established for 
                                other States, taking into 
                                account factors including the 
                                characteristics of participants 
                                when the participants entered 
                                the program and the services or 
                                instruction to be provided; and
                                    ``(II) the extent to which 
                                such levels of performance 
                                promote continuous improvement 
                                on the indicators of 
                                performance by such State.
                            ``(vii) Revisions.--If 
                        unanticipated circumstances arise in a 
                        State resulting in a significant change 
                        in the factors described in clause 
                        (vi), the eligible agency may request 
                        that the State adjusted levels of 
                        performance agreed to under clause 
                        (iii) or (v) be revised. The Secretary 
                        shall issue objective criteria and 
                        methods for making such revisions.
                    ``(B) Levels of performance for additional 
                indicators.--Each eligible agency shall 
                identify in the State plan State levels of 
                performance for each of the additional 
                indicators of performance described in 
                paragraph (2)(C). Such levels shall be 
                considered to be the State levels of 
                performance for purposes of this title.
            ``(4) Local levels of performance.--
                    ``(A) Local adjusted levels of performance 
                for core indicators of performance.--
                            ``(i) In general.--Each eligible 
                        recipient shall agree to accept the 
                        State adjusted levels of performance 
                        established under paragraph (3) as 
                        local adjusted levels of performances, 
                        or negotiate with the State to reach 
                        agreement on new local adjusted levels 
                        of performance, for each of the core 
                        indicators of performance described in 
                        subparagraphs (A) and (B) of paragraph 
                        (2) for career and technical education 
                        activities authorized under this title. 
                        The levels of performance established 
                        under this subparagraph shall, at a 
                        minimum--
                                    ``(I) be expressed in a 
                                percentage or numerical form, 
                                consistent with the State 
                                levels of performance 
                                established under paragraph 
                                (3), so as to be objective, 
                                quantifiable, and measurable; 
                                and
                                    ``(II) require the eligible 
                                recipient to continually make 
                                progress toward improving the 
                                performance of career 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, as described in clause (i), 
                        on the eligible recipient's levels of 
                        performance for each of the core 
                        indicators of performance for the first 
                        2 program years covered by the local 
                        plan, taking into account the levels 
                        identified in the local plan under 
                        clause (ii) and the factors described 
                        in clause (v). The levels of 
                        performance agreed to under this clause 
                        shall be considered to be the local 
                        adjusted levels of performance for the 
                        eligible recipient for such years and 
                        shall be incorporated into the local 
                        plan prior to the approval of such 
                        plan.
                            ``(iv) Agreement on local adjusted 
                        levels of performance for subsequent 
                        years.--Prior to the third and fifth 
                        program years covered by the local 
                        plan, the eligible agency and each 
                        eligible recipient shall reach 
                        agreement on the local adjusted levels 
                        of performance for each of the core 
                        indicators of performance for the 
                        corresponding subsequent program years 
                        covered by the local plan, taking into 
                        account the factors described in clause 
                        (v). The local adjusted levels of 
                        performance agreed to under this clause 
                        shall be considered to be the local 
                        adjusted levels of performance for the 
                        eligible recipient for such years and 
                        shall be incorporated into the local 
                        plan.
                            ``(v) 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 in 
                                the State, taking into account 
                                factors including the 
                                characteristics of participants 
                                when the participants entered 
                                the program and the services or 
                                instruction to be provided; and
                                    ``(II) the extent to which 
                                the local adjusted levels of 
                                performance promote continuous 
                                improvement on the core 
                                indicators of performance by 
                                the 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 described in paragraph (2)(C). 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 
                        allocation described in section 112 
                        shall annually prepare and submit to 
                        the eligible agency a report, which 
                        shall include the data described in 
                        clause (ii)(I), regarding the progress 
                        of such recipient in achieving the 
                        local adjusted levels of performance on 
                        the core indicators of performance.
                            ``(ii) Data.--Except as provided in 
                        clauses (iii) and (iv), each eligible 
                        recipient that receives an allocation 
                        described in section 112 shall--
                                    ``(I) disaggregate data for 
                                each of the indicators of 
                                performance under paragraph (2) 
                                for the categories of students 
                                described in section 
                                1111(h)(1)(C)(i) of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                section 3(29) 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 this Act.
                            ``(iii) Nonduplication.--The 
                        eligible agency shall ensure, in a 
                        manner that is consistent with the 
                        actions of the Secretary under 
                        subsection (c)(3), that each eligible 
                        recipient does not report duplicative 
                        information under this section.
                            ``(iv) Rules for reporting of 
                        data.--The disaggregation of data under 
                        clause (ii) shall not be required when 
                        the number of students in a category is 
                        insufficient to yield statistically 
                        reliable information or when the 
                        results would reveal personally 
                        identifiable information about an 
                        individual student.
                            ``(v) 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) In general.--Each eligible agency that 
        receives an allotment under section 111 shall annually 
        prepare and submit to the Secretary a report 
        regarding--
                    ``(A) the progress of the State in 
                achieving the State adjusted levels of 
                performance on the core indicators of 
                performance; and
                    ``(B) information on the levels of 
                performance achieved by the State with respect 
                to the additional indicators of performance, 
                including the levels of performance for special 
                populations.
            ``(2) Data.--Except as provided in paragraphs (3) 
        and (4), each eligible agency that receives an 
        allotment under section 111 or 201 shall--
                    ``(A) disaggregate data for each of the 
                indicators of performance under subsection 
                (b)(2) for the categories of students described 
                in section 1111(h)(1)(C)(i) of the Elementary 
                and Secondary Education Act of 1965 and section 
                3(29) 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 
                this Act, which shall include a quantifiable 
                description of the progress each such category 
                of students served by the eligible agency under 
                this Act has made in meeting the State adjusted 
                levels of performance.
            ``(3) Nonduplication.--The Secretary shall ensure 
        that each eligible agency does not report duplicative 
        information under this section.
            ``(4) Rules for reporting of data.--The 
        disaggregation of data under paragraph (2) shall not be 
        required when the number of students in a category is 
        insufficient to yield statistically reliable 
        information or when the results would reveal personally 
        identifiable information about an individual student.
            ``(5) Information dissemination.--The Secretary--
                    ``(A) shall make the information contained 
                in such reports available to the general public 
                through a variety of formats, including 
                electronically through the Internet;
                    ``(B) shall disseminate State-by-State 
                comparisons of the information; and
                    ``(C) shall provide the appropriate 
                committees of Congress with copies of such 
                reports.

``SEC. 114. NATIONAL ACTIVITIES.

    ``(a) Program Performance Information.--
            ``(1) In general.--The Secretary shall collect 
        performance information about, and report on, the 
        condition of career and technical education and on the 
        effectiveness of State and local programs, services, 
        and activities carried out under this title in order to 
        provide the Secretary and Congress, as well as Federal, 
        State, local, and tribal agencies, with information 
        relevant to improvement in the quality and 
        effectiveness of career and technical education. The 
        Secretary shall report annually to Congress on the 
        Secretary's aggregate analysis of performance 
        information collected each year pursuant to this title, 
        including an analysis of performance data regarding 
        special populations.
            ``(2) Compatibility.--The Secretary shall, to the 
        extent feasible, ensure that the performance 
        information system is compatible with other Federal 
        information systems.
            ``(3) Assessments.--As a regular part of its 
        assessments, the National Center for Education 
        Statistics shall collect and report information on 
        career and technical education for a nationally 
        representative sample of students. Such assessment may 
        include international comparisons in the aggregate.
    ``(b) Miscellaneous Provisions.--
            ``(1) Collection of information at reasonable 
        cost.--The Secretary shall take such action as may be 
        necessary to secure at reasonable cost the information 
        required by this title. To ensure reasonable cost, the 
        Secretary, in consultation with the National Center for 
        Education Statistics, the Office of Vocational and 
        Adult Education, and an entity assisted under section 
        118 (if applicable), shall determine the methodology to 
        be used and the frequency with which information is to 
        be collected.
            ``(2) Cooperation of states.--All eligible agencies 
        receiving assistance under this Act shall cooperate 
        with the Secretary in implementing the information 
        systems developed pursuant to this Act.
    ``(c) Single Plan for Research, Development, Dissemination, 
Evaluation, and Assessment.--
            ``(1) In general.--The Secretary may, directly or 
        through grants, contracts, or cooperative agreements, 
        carry out research, development, dissemination, 
        evaluation and assessment, capacity building, and 
        technical assistance with regard to the career and 
        technical education programs under this Act. The 
        Secretary shall develop a single plan for such 
        activities.
            ``(2) Plan.--Such plan shall--
                    ``(A) identify the career and technical 
                education activities described in paragraph (1) 
                that the Secretary will carry out under this 
                section;
                    ``(B) describe how the Secretary will 
                evaluate such career and technical education 
                activities in accordance with subsection 
                (d)(2); and
                    ``(C) include such other information as the 
                Secretary determines to be appropriate.
    ``(d) Advisory Panel; Evaluation; Reports.--
            ``(1) Independent advisory panel.--
                    ``(A) In general.--The Secretary shall 
                appoint an independent advisory panel to advise 
                the Secretary on the implementation of the 
                assessment described in paragraph (2), 
                including the issues to be addressed and the 
                methodology of the studies involved to ensure 
                that the assessment adheres to the highest 
                standards of quality.
                    ``(B) Members.--The advisory panel shall 
                consist of--
                            ``(i) educators, administrators, 
                        State directors of career and technical 
                        education, and chief executives, 
                        including those with expertise in the 
                        integration of academic and career and 
                        technical education;
                            ``(ii) experts in evaluation, 
                        research, and assessment;
                            ``(iii) representatives of labor 
                        organizations and businesses, including 
                        small businesses, economic development 
                        entities, and workforce investment 
                        entities;
                            ``(iv) parents;
                            ``(v) career guidance and academic 
                        counseling professionals; and
                            ``(vi) other individuals and 
                        intermediaries with relevant expertise.
                    ``(C) Independent analysis.--The advisory 
                panel shall transmit to the Secretary, the 
                relevant committees of Congress, and the 
                Library of Congress an independent analysis of 
                the findings and recommendations resulting from 
                the assessment described in paragraph (2).
                    ``(D) FACA.--The Federal Advisory Committee 
                Act (5 U.S.C. App.) shall not apply to the 
                panel established under this paragraph.
            ``(2) Evaluation and assessment.--
                    ``(A) In general.--From amounts made 
                available under subsection (e), the Secretary 
                shall provide for the conduct of an independent 
                evaluation and assessment of career and 
                technical education programs under this Act, 
                including the implementation of the Carl D. 
                Perkins Career and Technical Education 
                Improvement Act of 2006, to the extent 
                practicable, 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 subparagraph (A) shall include 
                descriptions and evaluations of--
                            ``(i) the extent to which State, 
                        local, and tribal entities have 
                        developed, implemented, or improved 
                        State and local career and technical 
                        education programs assisted under this 
                        Act;
                            ``(ii) the preparation and 
                        qualifications of teachers and faculty 
                        of career and technical education (such 
                        as meeting State established teacher 
                        certification or licensing 
                        requirements), as well as shortages of 
                        such teachers and faculty;
                            ``(iii) academic and career and 
                        technical education achievement and 
                        employment outcomes of career and 
                        technical education, including analyses 
                        of--
                                    ``(I) the extent and 
                                success of the integration of 
                                rigorous and challenging 
                                academic and career and 
                                technical education for 
                                students participating in 
                                career and technical education 
                                programs, including a review of 
                                the effect of such integration 
                                on the academic and technical 
                                proficiency achievement of such 
                                students (including the number 
                                of such students receiving a 
                                secondary school diploma); and
                                    ``(II) the extent to which 
                                career and technical education 
                                programs prepare students, 
                                including special populations, 
                                for subsequent employment in 
                                high skill, high wage 
                                occupations (including those in 
                                which mathematics and science 
                                skills are critical), or for 
                                participation in postsecondary 
                                education;
                            ``(iv) employer involvement in, and 
                        satisfaction with, career and technical 
                        education programs and career and 
                        technical education students' 
                        preparation for employment;
                            ``(v) the participation of students 
                        in career and technical education 
                        programs;
                            ``(vi) the use of educational 
                        technology and distance learning with 
                        respect to career and technical 
                        education and tech prep programs; and
                            ``(vii) the effect of State and 
                        local adjusted levels of performance 
                        and State and local levels of 
                        performance on the delivery of career 
                        and technical education services, 
                        including the percentage of career and 
                        technical education and tech prep 
                        students meeting the adjusted levels of 
                        performance described in section 113.
                    ``(C) Reports.--
                            ``(i) In general.--The Secretary 
                        shall submit to the relevant committees 
                        of Congress--
                                    ``(I) an interim report 
                                regarding the assessment on or 
                                before January 1, 2010; and
                                    ``(II) a final report, 
                                summarizing all studies and 
                                analyses that relate to the 
                                assessment and that are 
                                completed after the interim 
                                report, on or before July 1, 
                                2011.
                            ``(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 relevant committees of Congress and 
                        the Secretary, but the President, the 
                        Secretary, and the independent advisory 
                        panel established under paragraph (1) 
                        may make such additional 
                        recommendations to Congress with 
                        respect to the assessment as the 
                        President, the Secretary, or the panel 
                        determine to be appropriate.
            ``(3) Collection of state information and report.--
                    ``(A) In general.--The Secretary may 
                collect and disseminate information from States 
                regarding State efforts to meet State adjusted 
                levels of performance described in section 
                113(b).
                    ``(B) Report.--The Secretary shall gather 
                any information collected pursuant to 
                subparagraph (A) and submit a report to the 
                relevant committees in Congress.
            ``(4) Research.--
                    ``(A) In general.--From amounts made 
                available under subsection (e), the Secretary, 
                after consulting with the States, shall award a 
                grant, contract, or cooperative agreement, 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--
                            ``(i) to carry out scientifically 
                        based research and evaluation for the 
                        purpose of developing, improving, and 
                        identifying the most successful methods 
                        for addressing the education, 
                        employment, and training needs of 
                        participants, including special 
                        populations, in career and technical 
                        education programs, including research 
                        and evaluation in such activities as--
                                    ``(I) the integration of--
                                            ``(aa) career and 
                                        technical instruction; 
                                        and
                                            ``(bb) academic, 
                                        secondary and 
                                        postsecondary 
                                        instruction;
                                    ``(II) education technology 
                                and distance learning 
                                approaches and strategies that 
                                are effective with respect to 
                                career and technical education;
                                    ``(III) State adjusted 
                                levels of performance and State 
                                levels of performance that 
                                serve to improve career and 
                                technical education programs 
                                and student achievement;
                                    ``(IV) academic knowledge 
                                and career and technical skills 
                                required for employment or 
                                participation in postsecondary 
                                education; and
                                    ``(V) preparation for 
                                occupations in high skill, high 
                                wage, or high demand business 
                                and industry, including 
                                examination of--
                                            ``(aa) 
                                        collaboration between 
                                        career and technical 
                                        education programs and 
                                        business and industry; 
                                        and
                                            ``(bb) academic and 
                                        technical skills 
                                        required for a regional 
                                        or sectoral workforce, 
                                        including small 
                                        business;
                            ``(ii) to carry out scientifically 
                        based research and evaluation to 
                        increase the effectiveness and improve 
                        the implementation of career and 
                        technical education programs that are 
                        integrated with coherent and rigorous 
                        content aligned with challenging 
                        academic standards, including 
                        conducting research and development, 
                        and studies, that provide longitudinal 
                        information or formative evaluation 
                        with respect to career and technical 
                        education programs and student 
                        achievement;
                            ``(iii) to carry out scientifically 
                        based research and evaluation that can 
                        be used to improve the preparation and 
                        professional development of teachers, 
                        faculty, and administrators, and to 
                        improve student learning in the career 
                        and technical education classroom, 
                        including--
                                    ``(I) effective in-service 
                                and preservice teacher and 
                                faculty education that assists 
                                career and technical education 
                                programs in--
                                            ``(aa) integrating 
                                        those programs with 
                                        academic content 
                                        standards and student 
                                        academic achievement 
                                        standards, as adopted 
                                        by States under section 
                                        1111(b)(1) of the 
                                        Elementary and 
                                        Secondary Education Act 
                                        of 1965; and
                                            ``(bb) coordinating 
                                        technical education 
                                        with industry-
                                        recognized 
                                        certification 
                                        requirements;
                                    ``(II) dissemination and 
                                training activities related to 
                                the applied research and 
                                demonstration activities 
                                described in this subsection, 
                                which may also include serving 
                                as a repository for information 
                                on career and technical skills, 
                                State academic standards, and 
                                related materials; and
                                    ``(III) the recruitment and 
                                retention of career and 
                                technical education teachers, 
                                faculty, counselors, and 
                                administrators, including 
                                individuals in groups 
                                underrepresented in the 
                                teaching profession; and
                            ``(iv) to carry out such other 
                        research and evaluation, consistent 
                        with the purposes of this Act, as the 
                        Secretary determines appropriate to 
                        assist State and local recipients of 
                        funds under this Act.
                    ``(B) Report.--The center conducting the 
                activities described in subparagraph (A) shall 
                annually prepare a report of the key research 
                findings of such center and shall submit copies 
                of the report to the Secretary, the relevant 
                committees of Congress, the Library of 
                Congress, and each eligible agency.
                    ``(C) Dissemination.--The center shall 
                conduct dissemination and training activities 
                based upon the research described in 
                subparagraph (A).
            ``(5) Demonstrations and dissemination.--The 
        Secretary is authorized to carry out demonstration 
        career and technical education programs, to replicate 
        model career 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 
        career and technical education programs assisted under 
        this Act.
    ``(e) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for each of fiscal years 2007 through 
2012.

``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 of $160,000 to the Republic of 
        Palau, subject to subsection (d).
    ``(b) Remainder.--
            ``(1) First year.--Subject to subsection (a), for 
        the first fiscal year following the date of enactment 
        of the Carl D. Perkins Career and Technical Education 
        Improvement Act of 2006, 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 
        career and technical education and training in Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands, for the purpose of providing direct 
        career and technical educational services, including--
                    ``(A) teacher and counselor training and 
                retraining;
                    ``(B) curriculum development; and
                    ``(C) the improvement of career and 
                technical education and training programs in 
                secondary schools and institutions of higher 
                education, or improving cooperative education 
                programs involving secondary schools and 
                institutions of higher education.
            ``(2) Subsequent years.--Subject to subsection (a), 
        for the second fiscal year following the date of 
        enactment of the Carl D. Perkins Career and Technical 
        Education Improvement Act of 2006, and each subsequent 
        year, the Secretary shall make a grant of the remainder 
        of funds reserved pursuant to section 111(a)(1)(A) and 
        subject to subsection (a), in equal proportion, to each 
        of Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, to be used to provide direct 
        career and technical educational services as described 
        in subparagraphs (A) through (C) of paragraph (1).
    ``(c) Limitation.--The Pacific Region Educational 
Laboratory may use not more than 5 percent of the funds 
received under subsection (b)(1) for administrative costs.
    ``(d) Restriction.--The Republic of Palau shall cease to be 
eligible to receive funding under this section upon entering 
into an agreement for an extension of United States educational 
assistance under the Compact of Free Association, unless 
otherwise provided in such agreement.

``SEC. 116. NATIVE AMERICAN PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Alaska native.--The term `Alaska Native' 
        means a Native as such term is defined in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
            ``(2) Bureau-funded school.--The term `Bureau-
        funded school' has the meaning given the term in 
        section 1141 of the Education Amendments of 1978 (25 
        U.S.C. 2021).
            ``(3) Indian, indian tribe, and tribal 
        organization.--The terms `Indian', `Indian tribe', and 
        `tribal organization' have the meanings given the terms 
        in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(4) Native hawaiian.--The term `Native Hawaiian' 
        means any individual any of whose ancestors were 
        natives, prior to 1778, of the area which now comprises 
        the State of Hawaii.
            ``(5) Native hawaiian organization.--The term 
        `Native Hawaiian organization' has the meaning given 
        the term in section 7207 of the Native Hawaiian 
        Education Act (20 U.S.C. 7517).
    ``(b) Program Authorized.--
            ``(1) Authority.--From funds reserved under section 
        111(a)(1)(B)(i), the Secretary shall make grants to or 
        enter into contracts with Indian tribes, tribal 
        organizations, and Alaska Native entities to carry out 
        the authorized programs described in subsection (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 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 (25 U.S.C. 455-457), which are relevant to the 
        programs administered under this subsection.
            ``(3) Special authority relating to secondary 
        schools operated or supported by the bureau of indian 
        affairs.--An Indian tribe, a tribal organization, or an 
        Alaska Native entity, that receives funds through a 
        grant made or contract entered into under paragraph (1) 
        may use the funds to provide assistance to a secondary 
        school operated or supported by the Bureau of Indian 
        Affairs to enable such school to carry out career and 
        technical education programs.
            ``(4) Matching.--If sufficient funding is 
        available, the Bureau of Indian Affairs shall expend an 
        amount equal to the amount made available under this 
        subsection, relating to programs for Indians, to pay a 
        part of the costs of programs funded under this 
        subsection. During each fiscal year the Bureau of 
        Indian Affairs shall expend not less than the amount 
        expended during the prior fiscal year on career and 
        technical education programs, services, and technical 
        activities administered directly by, or under contract 
        with, the Bureau of Indian Affairs, except that in no 
        year shall funding for such programs, services, and 
        activities be provided from accounts and programs that 
        support other Indian education programs. The Secretary 
        and the Assistant Secretary of the Interior for Indian 
        Affairs shall prepare jointly a plan for the 
        expenditure of funds made available and for the 
        evaluation of programs assisted under this subsection. 
        Upon the completion of a joint plan for the expenditure 
        of the funds and the evaluation of the programs, the 
        Secretary shall assume responsibility for the 
        administration of the program, with the assistance and 
        consultation of the Bureau of Indian Affairs.
            ``(5) Regulations.--If the Secretary promulgates 
        any regulations applicable to paragraph (2), the 
        Secretary shall--
                    ``(A) confer with, and allow for active 
                participation by, representatives of Indian 
                tribes, tribal organizations, and individual 
                tribal members; and
                    ``(B) promulgate the regulations under 
                subchapter III of chapter 5 of title 5, United 
                States Code, commonly known as the `Negotiated 
                Rulemaking Act of 1990'.
            ``(6) Application.--Any Indian tribe, tribal 
        organization, or Bureau-funded school eligible to 
        receive assistance under this subsection may apply 
        individually or as part of a consortium with another 
        such Indian tribe, tribal organization, or Bureau-
        funded school.
    ``(c) Authorized Activities.--
            ``(1) Authorized programs.--Funds made available 
        under this section shall be used to carry out career 
        and technical education programs consistent with the 
        purpose of this Act.
            ``(2) Stipends.--
                    ``(A) In general.--Funds received pursuant 
                to grants or contracts awarded under subsection 
                (b) may be used to provide stipends to students 
                who are enrolled in career and technical 
                education programs and who have acute economic 
                needs which cannot be met through work-study 
                programs.
                    ``(B) Amount.--Stipends described in 
                subparagraph (A) shall not exceed reasonable 
                amounts as prescribed by the Secretary.
    ``(d) Grant or Contract Application.--In order to receive a 
grant or contract under this section, an organization, tribe, 
or entity described in subsection (b) shall submit an 
application to the Secretary that shall include an assurance 
that such organization, tribe, or entity shall comply with the 
requirements of this section.
    ``(e) Restrictions and Special Considerations.--The 
Secretary may not place upon grants awarded or contracts 
entered into under subsection (b) any restrictions relating to 
programs other than restrictions that apply to grants made to 
or contracts entered into with States pursuant to allotments 
under section 111(a). The Secretary, in awarding grants and 
entering into contracts under this section, shall ensure that 
the grants and contracts will improve career and technical 
education programs, and shall give special consideration to--
            ``(1) programs that involve, coordinate with, or 
        encourage tribal economic development plans; and
            ``(2) applications from tribally controlled 
        colleges or universities that--
                    ``(A) are accredited or are candidates for 
                accreditation by a nationally recognized 
                accreditation organization as an institution of 
                postsecondary career and technical education; 
                or
                    ``(B) operate career and technical 
                education programs that are accredited or are 
                candidates for accreditation by a nationally 
                recognized accreditation organization, and 
                issue certificates for completion of career and 
                technical education programs.
    ``(f) Consolidation of Funds.--Each organization, tribe, or 
entity receiving assistance under this section may consolidate 
such assistance with assistance received from related programs 
in accordance with the provisions of the Indian Employment, 
Training and Related Services Demonstration Act of 1992 (25 
U.S.C. 3401 et seq.).
    ``(g) Nonduplicative and Nonexclusive Services.--Nothing in 
this section shall be construed--
            ``(1) to limit the eligibility of any organization, 
        tribe, or entity described in subsection (b) to 
        participate in any activity offered by an eligible 
        agency or eligible recipient under this title; or
            ``(2) to preclude or discourage any agreement, 
        between any organization, tribe, or entity described in 
        subsection (b) and any eligible agency or eligible 
        recipient, to facilitate the provision of services by 
        such eligible agency or eligible recipient to the 
        population served by such eligible agency or eligible 
        recipient.
    ``(h) Native Hawaiian Programs.--From the funds reserved 
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award 
grants to or enter into contracts with community-based 
organizations primarily serving and representing Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, which are authorized by and consistent with 
the provisions of this section for the benefit of Native 
Hawaiians.

``SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL 
                    INSTITUTIONS.

    ``(a) Grants Authorized.--The Secretary shall, subject to 
the availability of appropriations, make grants pursuant to 
this section to tribally controlled postsecondary career and 
technical institutions that are not receiving Federal support 
under the Tribally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community 
College Act (25 U.S.C. 640a et seq.) to provide basic support 
for the education and training of Indian students.
    ``(b) Uses of Grants.--Amounts made available under this 
section shall be used for career and technical education 
programs for Indian students and for the institutional support 
costs of the grant, including the expenses described in 
subsection (e).
    ``(c) Amount of Grants.--
            ``(1) In general.--If the sums appropriated for any 
        fiscal year for grants under this section are not 
        sufficient to pay in full the total amount which 
        approved applicants are eligible to receive under this 
        section for such fiscal year, the Secretary shall first 
        allocate to each such applicant who received funds 
        under this part for the preceding fiscal year an amount 
        equal to 100 percent of the product of the per capita 
        payment for the preceding fiscal year and such 
        applicant's Indian student count for the current 
        program year, plus an amount equal to the actual cost 
        of any increase to the per capita figure resulting from 
        inflationary increases to necessary costs beyond the 
        institution's control.
            ``(2) Per capita determination.--For the purposes 
        of paragraph (1), the per capita payment for any fiscal 
        year shall be determined by dividing the amount 
        available for grants to tribally controlled 
        postsecondary career and technical institutions under 
        this section for such program year by the sum of the 
        Indian student counts of such institutions for such 
        program year. The Secretary shall, on the basis of the 
        most accurate data available from the institutions, 
        compute the Indian student count for any fiscal year 
        for which such count was not used for the purpose of 
        making allocations under this section.
            ``(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.
    ``(d) Applications.--Any tribally controlled postsecondary 
career and technical institution that is not receiving Federal 
support under the Tribally Controlled College or University 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo 
Community College Act (25 U.S.C. 640a et seq.) that desires to 
receive a grant under this section shall submit an application 
to the Secretary in such manner and form as the Secretary may 
require.
    ``(e) Expenses.--
            ``(1) In general.--The Secretary shall, subject to 
        the availability of appropriations, provide for each 
        program year to each tribally controlled postsecondary 
        career and technical institution having an application 
        approved by the Secretary, an amount necessary to pay 
        expenses associated with--
                    ``(A) the maintenance and operation of the 
                program, including development costs, costs of 
                basic and special instruction (including 
                special programs for individuals with 
                disabilities and academic instruction), 
                materials, student costs, administrative 
                expenses, boarding costs, transportation, 
                student services, daycare and family support 
                programs for students and their families 
                (including contributions to the costs of 
                education for dependents), and student 
                stipends;
                    ``(B) capital expenditures, including 
                operations and maintenance, and minor 
                improvements and repair, and physical plant 
                maintenance costs, for the conduct of programs 
                funded under this section;
                    ``(C) costs associated with repair, upkeep, 
                replacement, and upgrading of the instructional 
                equipment; and
                    ``(D) institutional support of career and 
                technical education.
            ``(2) Accounting.--Each institution receiving a 
        grant under this section shall provide annually to the 
        Secretary an accurate and detailed accounting of the 
        institution's operating and maintenance expenses and 
        such other information concerning costs as the 
        Secretary may reasonably require.
    ``(f) Other Programs.--
            ``(1) In general.--Except as specifically provided 
        in this Act, eligibility for assistance under this 
        section shall not preclude any tribally controlled 
        postsecondary career and technical institution from 
        receiving Federal financial assistance under any 
        program authorized under the Higher Education Act of 
        1965, or under any other applicable program for the 
        benefit of institutions of higher education or career 
        and technical education.
            ``(2) Prohibition on alteration of grant amount.--
        The amount of any grant for which tribally controlled 
        postsecondary career and technical institutions are 
        eligible under this section shall not be altered 
        because of funds allocated to any such institution from 
        funds appropriated under the Act of November 2, 1921 
        (commonly known as the `Snyder Act') (25 U.S.C. 13).
            ``(3) Prohibition on contract denial.--No tribally 
        controlled postsecondary career and technical 
        institution for which an Indian tribe has designated a 
        portion of the funds appropriated for the tribe from 
        funds appropriated under the Act of November 2, 1921 
        (25 U.S.C. 13), may be denied a contract for such 
        portion under the Indian Self-Determination and 
        Education Assistance Act (except as provided in that 
        Act), or denied appropriate contract support to 
        administer such portion of the appropriated funds.
    ``(g) Complaint Resolution Procedure.--The Secretary shall 
establish (after consultation with tribally controlled 
postsecondary career and technical institutions) a complaint 
resolution procedure for grant determinations and calculations 
under this section for tribally controlled postsecondary career 
and technical institutions.
    ``(h) Definitions.--In this section:
            ``(1) Indian; indian tribe.--The terms `Indian' and 
        `Indian tribe' have the meanings given the terms in 
        section 2 of the Tribally Controlled College or 
        University Assistance Act of 1978 (25 U.S.C. 1801).
            ``(2) Indian student count.--
                    ``(A) In general.--The term `Indian student 
                count' means a number equal to the total number 
                of Indian students enrolled in each tribally 
                controlled postsecondary career and technical 
                institution, as determined in accordance with 
                subparagraph (B).
                    ``(B) Determination.--
                            ``(i) Enrollment.--For each 
                        academic year, the Indian student count 
                        shall be determined on the basis of the 
                        enrollments of Indian students as in 
                        effect at the conclusion of--
                                    ``(I) in the case of the 
                                fall term, the third week of 
                                the fall term; and
                                    ``(II) in the case of the 
                                spring term, the third week of 
                                the spring term.
                            ``(ii) Calculation.--For each 
                        academic year, the Indian student count 
                        for a tribally controlled postsecondary 
                        career and technical institution shall 
                        be the quotient obtained by dividing--
                                    ``(I) the sum of the credit 
                                hours of all Indian students 
                                enrolled in the tribally 
                                controlled postsecondary career 
                                and technical institution (as 
                                determined under clause (i)); 
                                by
                                    ``(II) 12.
                            ``(iii) Summer term.--Any credit 
                        earned in a class offered during a 
                        summer term shall be counted in the 
                        determination of the Indian student 
                        count for the succeeding fall term.
                            ``(iv) Students without secondary 
                        school degrees.--
                                    ``(I) In general.--A credit 
                                earned at a tribally controlled 
                                postsecondary career and 
                                technical institution by any 
                                Indian student that has not 
                                obtained a secondary school 
                                degree (or the recognized 
                                equivalent of such a degree) 
                                shall be counted toward the 
                                determination of the Indian 
                                student count if the 
                                institution at which the 
                                student is enrolled has 
                                established criteria for the 
                                admission of the student on the 
                                basis of the ability of the 
                                student to benefit from the 
                                education or training of the 
                                institution.
                                    ``(II) Presumption.--The 
                                institution shall be presumed 
                                to have established the 
                                criteria described in subclause 
                                (I) if the admission procedures 
                                for the institution include 
                                counseling or testing that 
                                measures the aptitude of a 
                                student to successfully 
                                complete a course in which the 
                                student is enrolled.
                                    ``(III) Credits toward 
                                secondary school degree.--No 
                                credit earned by an Indian 
                                student for the purpose of 
                                obtaining a secondary school 
                                degree (or the recognized 
                                equivalent of such a degree) 
                                shall be counted toward the 
                                determination of the Indian 
                                student count under this 
                                clause.
                            ``(v) Continuing education 
                        programs.--Any credit earned by an 
                        Indian student in a continuing 
                        education program of a tribally 
                        controlled postsecondary career and 
                        technical institution shall be included 
                        in the determination of the sum of all 
                        credit hours of the student if the 
                        credit is converted to a credit hour 
                        basis in accordance with the system of 
                        the institution for providing credit 
                        for participation in the program.
    ``(i) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for each of fiscal years 2007 through 
2012.

``SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

    ``(a) National Activities.--From funds appropriated under 
subsection (g), the Secretary, in consultation with appropriate 
Federal agencies, is authorized--
            ``(1) to provide assistance to an entity to enable 
        the entity--
                    ``(A) to provide technical assistance to 
                State entities designated under subsection (c) 
                to enable the State entities to carry out the 
                activities described in such subsection;
                    ``(B) to disseminate information that 
                promotes the replication of high quality 
                practices described in subsection (c); and
                    ``(C) to develop and disseminate products 
                and services related to the activities 
                described in subsection (c); and
            ``(2) to award grants to States that designate 
        State entities in accordance with subsection (c) to 
        enable the State entities to carry out the State level 
        activities described in such subsection.
    ``(b) State Application.--
            ``(1) In general.--A jointly designated State 
        entity described in subsection (c) that desires to 
        receive a grant under this section shall submit an 
        application to the Secretary at the same time the State 
        submits its State plan under section 122, in such 
        manner, and accompanied by such additional information, 
        as the Secretary may reasonably require.
            ``(2) Contents.--Each application submitted under 
        paragraph (1) shall include a description of how the 
        jointly designated State entity described in subsection 
        (c) will provide information based on trends provided 
        pursuant to section 15 of the Wagner-Peyser Act to 
        inform program development.
    ``(c) 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 career guidance and 
        academic counseling programs designed to promote 
        improved career and education decision making by 
        students (and parents, as appropriate) regarding 
        education (including postsecondary education) and 
        training options and preparations for high skill, high 
        wage, or high demand occupations and non-traditional 
        fields;
            ``(2) to make available to students, parents, 
        teachers, administrators, faculty, and career guidance 
        and academic counselors, and to improve accessibility 
        with respect to, information and planning resources 
        that relate academic and career and technical 
        educational preparation to career goals and 
        expectations;
            ``(3) to provide academic and career and technical 
        education teachers, faculty, administrators, and career 
        guidance and academic counselors with the knowledge, 
        skills, and occupational information needed to assist 
        parents and students, especially special populations, 
        with career exploration, educational opportunities, 
        education financing, and exposure to high skill, high 
        wage, or high demand occupations and non-traditional 
        fields, including occupations and fields requiring a 
        baccalaureate degree;
            ``(4) to assist appropriate State entities in 
        tailoring career related educational resources and 
        training for use by such entities, including 
        information on high skill, high wage, or high demand 
        occupations in current or emerging professions and on 
        career ladder information;
            ``(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;
            ``(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; and
            ``(7) to provide readily available occupational 
        information such as--
                    ``(A) information relative to employment 
                sectors;
                    ``(B) information on occupation supply and 
                demand; and
                    ``(C) other information provided pursuant 
                to section 15 of the Wagner-Peyser Act as the 
                jointly designated State entity considers 
                relevant.
    ``(d) Nonduplication.--
            ``(1) Wagner-peyser act.--The jointly designated 
        State entity described under subsection (c) may use 
        funds provided under subsection (a)(2) to supplement 
        activities under section 15 of the Wagner-Peyser Act to 
        the extent such activities do not duplicate activities 
        assisted under such section.
            ``(2) Public law 105-220.--None of the functions 
        and activities assisted under this section shall 
        duplicate the functions and activities carried out 
        under Public Law 105-220.
    ``(e) Funding Rule.--Of the amounts appropriated to carry 
out this section, the Federal entity designated under 
subsection (a) shall use--
            ``(1) not less than 85 percent to carry out 
        subsection (c); and
            ``(2) not more than 15 percent to carry out 
        subsection (a).
    ``(f) 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) a description of activities assisted under 
        this section during the prior program year;
            ``(2) a description of the specific products and 
        services assisted under this section that were 
        delivered in the prior program year; and
            ``(3) an assessment of the extent to which States 
        have effectively coordinated activities assisted under 
        this section with activities authorized under section 
        15 of the Wagner-Peyser Act.
    ``(g) 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 2007 
through 2012.

                       ``PART B--STATE PROVISIONS

``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 
        non-traditional fields;
            ``(2) consultation with the Governor and 
        appropriate agencies, groups, and individuals including 
        parents, students, teachers, teacher and faculty 
        preparation programs, representatives of businesses 
        (including small 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 4 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 education, 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, or 
supervision of activities assisted under this title, in whole 
or in part, to 1 or more appropriate State agencies.

``SEC. 122. STATE PLAN.

    ``(a) State Plan.--
            ``(1) In general.--Each eligible agency desiring 
        assistance under this title for any fiscal year shall 
        prepare and submit to the Secretary a State plan for a 
        6-year period, together with such annual revisions as 
        the eligible agency determines to be necessary, except 
        that, during the period described in section 4, each 
        eligible agency may submit a transition plan that shall 
        fulfill the eligible agency's obligation to submit a 
        State plan under this section for the first fiscal year 
        following the date of enactment of the Carl D. Perkins 
        Career and Technical Education Improvement Act of 2006.
            ``(2) Revisions.--Each eligible agency--
                    ``(A) may submit such annual revisions of 
                the State plan to the Secretary as the eligible 
                agency determines to be necessary; and
                    ``(B) shall, after the second year of the 
                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 charter school authorizers and 
        organizers consistent with State law, 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--
                    ``(A) develop the State plan in 
                consultation with--
                            ``(i) academic and career and 
                        technical education teachers, faculty, 
                        and administrators;
                            ``(ii) career guidance and academic 
                        counselors;
                            ``(iii) eligible recipients;
                            ``(iv) charter school authorizers 
                        and organizers consistent with State 
                        law;
                            ``(v) parents and students;
                            ``(vi) institutions of higher 
                        education;
                            ``(vii) the State tech prep 
                        coordinator and representatives of tech 
                        prep consortia (if applicable);
                            ``(viii) entities participating in 
                        activities described in section 111 of 
                        Public Law 105-220;
                            ``(ix) interested community members 
                        (including parent and community 
                        organizations);
                            ``(x) representatives of special 
                        populations;
                            ``(xi) representatives of business 
                        and industry (including representatives 
                        of small business); and
                            ``(xii) representatives of labor 
                        organizations in the State; and
                    ``(B) consult the Governor of the State 
                with respect to such development.
            ``(2) Activities and procedures.--The eligible 
        agency shall develop effective activities and 
        procedures, including access to information needed to 
        use such procedures, to allow the individuals and 
        entities described in paragraph (1) to participate in 
        State and local decisions that relate to development of 
        the State plan.
    ``(c) Plan Contents.--The State plan shall include 
information that--
            ``(1) describes the career and technical education 
        activities to be assisted that are designed to meet or 
        exceed the State adjusted levels of performance, 
        including a description of--
                    ``(A) the career and technical programs of 
                study, which may be adopted by local 
                educational agencies and postsecondary 
                institutions to be offered as an option to 
                students (and their parents as appropriate) 
                when planning for and completing future 
                coursework, for career and technical content 
                areas that--
                            ``(i) incorporate secondary 
                        education and postsecondary education 
                        elements;
                            ``(ii) include coherent and 
                        rigorous content aligned with 
                        challenging academic standards and 
                        relevant career and technical content 
                        in a coordinated, nonduplicative 
                        progression of courses that align 
                        secondary education with postsecondary 
                        education to adequately prepare 
                        students to succeed in postsecondary 
                        education;
                            ``(iii) may include the opportunity 
                        for secondary education students to 
                        participate in dual or concurrent 
                        enrollment programs or other ways to 
                        acquire postsecondary education 
                        credits; and
                            ``(iv) lead to an industry-
                        recognized credential or certificate at 
                        the postsecondary level, or an 
                        associate or baccalaureate degree;
                    ``(B) how the eligible agency, in 
                consultation with eligible recipients, will 
                develop and implement the career and technical 
                programs of study described in subparagraph 
                (A);
                    ``(C) how the eligible agency will support 
                eligible recipients in developing and 
                implementing articulation agreements between 
                secondary education and postsecondary education 
                institutions;
                    ``(D) how the eligible agency will make 
                available information about career and 
                technical programs of study offered by eligible 
                recipients;
                    ``(E) the secondary and postsecondary 
                career and technical education programs to be 
                carried out, including programs that will be 
                carried out by the eligible agency to develop, 
                improve, and expand access to appropriate 
                technology in career and technical education 
                programs;
                    ``(F) the criteria that will be used by the 
                eligible agency to approve eligible recipients 
                for funds under this Act, including criteria to 
                assess the extent to which the local plan 
                will--
                            ``(i) promote continuous 
                        improvement in academic achievement;
                            ``(ii) promote continuous 
                        improvement of technical skill 
                        attainment; and
                            ``(iii) identify and address 
                        current or emerging occupational 
                        opportunities;
                    ``(G) how programs at the secondary level 
                will prepare career and technical education 
                students, including special populations, to 
                graduate from secondary school with a diploma;
                    ``(H) how such programs will prepare career 
                and technical education students, including 
                special populations, academically and 
                technically for opportunities in postsecondary 
                education or entry into high skill, high wage, 
                or high demand occupations in current or 
                emerging occupations, and how participating 
                students will be made aware of such 
                opportunities;
                    ``(I) how funds will be used to improve or 
                develop new career and technical education 
                courses--
                            ``(i) at the secondary level that 
                        are aligned with rigorous and 
                        challenging academic content standards 
                        and student academic achievement 
                        standards adopted by the State under 
                        section 1111 (b)(1) of the Elementary 
                        and Secondary Education Act of 1965;
                            ``(ii) at the postsecondary level 
                        that are relevant and challenging; and
                            ``(iii) that lead to employment in 
                        high skill, high wage, or high demand 
                        occupations;
                    ``(J) how the eligible agency will 
                facilitate and coordinate communication on best 
                practices among successful recipients of tech 
                prep program grants under title II and eligible 
                recipients to improve program quality and 
                student achievement;
                    ``(K) how funds will be used effectively to 
                link academic and career and technical 
                education at the secondary level and at the 
                postsecondary level in a manner that increases 
                student academic and career and technical 
                achievement; and
                    ``(L) how the eligible agency will report 
                on the integration of coherent and rigorous 
                content aligned with challenging academic 
                standards in career and technical education 
                programs in order to adequately evaluate the 
                extent of such integration;
            ``(2) describes how comprehensive professional 
        development (including initial teacher preparation and 
        activities that support recruitment) for career and 
        technical education teachers, faculty, administrators, 
        and career guidance and academic counselors will be 
        provided, especially professional development that--
                    ``(A) promotes the integration of coherent 
                and rigorous academic content standards and 
                career and technical education curricula, 
                including through opportunities for the 
                appropriate academic and career and technical 
                education teachers to jointly develop and 
                implement curricula and pedagogical strategies, 
                as appropriate;
                    ``(B) increases the percentage of teachers 
                that meet teacher certification or licensing 
                requirements;
                    ``(C) is high quality, sustained, 
                intensive, and focused on instruction, and 
                increases the academic knowledge and 
                understanding of industry standards, as 
                appropriate, of career and technical education 
                teachers;
                    ``(D) encourages applied learning that 
                contributes to the academic and career and 
                technical knowledge of the student;
                    ``(E) provides the knowledge and skills 
                needed to work with and improve instruction for 
                special populations;
                    ``(F) assists in accessing and utilizing 
                data, including data provided under section 
                118, student achievement data, and data from 
                assessments; and
                    ``(G) promotes integration with 
                professional development activities that the 
                State carries out under title II ofthe 
Elementary and Secondary Education Act of 1965 and title II of the 
Higher Education Act of 1965;
            ``(3) describes efforts to improve--
                    ``(A) the recruitment and retention of 
                career and technical education teachers, 
                faculty, and career guidance and academic 
                counselors, including individuals in groups 
                underrepresented in the teaching profession; 
                and
                    ``(B) the transition to teaching from 
                business and industry, including small 
                business;
            ``(4) describes efforts to facilitate the 
        transition of subbaccalaureate career and technical 
        education students into baccalaureate degree programs 
        at institutions of higher education;
            ``(5) describes how the eligible agency will 
        actively involve parents, academic and career and 
        technical education teachers, administrators, faculty, 
        career guidance and academic counselors, local business 
        (including small businesses), and labor organizations 
        in the planning, development, implementation, and 
        evaluation of such career and technical education 
        programs;
            ``(6) describes how funds received by the eligible 
        agency through the allotment made under section 111 
        will be allocated--
                    ``(A) among career and technical education 
                at the secondary level, or career and technical 
                education at the postsecondary and adult level, 
                or both, including the rationale for such 
                allocation; and
                    ``(B) among any consortia that will be 
                formed among secondary schools and eligible 
                institutions, and how funds will be allocated 
                among the members of the consortia, including 
                the rationale for such allocation;
            ``(7) describes how the eligible agency will--
                    ``(A) improve the academic and technical 
                skills of students participating in career and 
                technical education programs, including 
                strengthening the academic and career and 
                technical components of career and technical 
                education programs through the integration of 
                academics with career and technical education 
                to ensure learning in--
                            ``(i) the core academic subjects 
                        (as defined in section 9101 of the 
                        Elementary and Secondary Education Act 
                        of 1965); and
                            ``(ii) career and technical 
                        education subjects;
                    ``(B) provide students with strong 
                experience in, and understanding of, all 
                aspects of an industry; and
                    ``(C) ensure that students who participate 
                in such career and technical education programs 
                are taught to the same challenging academic 
                proficiencies as are taught to all other 
                students;
            ``(8) describes how the eligible agency will 
        annually evaluate the effectiveness of such career and 
        technical education programs, and describe, to the 
        extent practicable, how the eligible agency is 
        coordinating such programs to ensure nonduplication 
        with other Federal programs;
            ``(9) describes the eligible agency's program 
        strategies for special populations, including a 
        description of how individuals who are members of the 
        special populations--
                    ``(A) will be provided with equal access to 
                activities assisted under this Act;
                    ``(B) will not be discriminated against on 
                the basis of their status as members of the 
                special populations; and
                    ``(C) will be provided with programs 
                designed to enable the special populations to 
                meet or exceed State adjusted levels of 
                performance, and prepare special populations 
                for further learning and for high skill, high 
                wage, or high demand occupations;
            ``(10) describes--
                    ``(A) the eligible agency's efforts to 
                ensure that eligible recipients are given the 
                opportunity to provide input in determining the 
                State adjusted levels of performance described 
                in section 113; and
                    ``(B) how the eligible agency, in 
                consultation with eligible recipients, will 
                develop a process for the negotiation of local 
                adjusted levels of performance under section 
                113(b)(4) if an eligible recipient does not 
                accept the State adjusted levels of performance 
                under section 113(b)(3);
            ``(11) provides assurances that the eligible agency 
        will comply with the requirements of this Act and the 
        provisions of the State plan, including the provision 
        of a financial audit of funds received under this Act 
        which may be included as part of an audit of other 
        Federal or State programs;
            ``(12) provides assurances that none of the funds 
        expended under this Act will be used to acquire 
        equipment (including computer software) in any instance 
        in which such acquisition results in a direct financial 
        benefit to any organization representing the interests 
        of the acquiring entity or the employees of the 
        acquiring entity, or any affiliate of such an 
        organization;
            ``(13) describes how the eligible agency will 
        report data relating to students participating in 
        career and technical education in order to adequately 
        measure the progress of the students, including special 
        populations, and 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;
            ``(14) describes how the eligible agency will 
        adequately address the needs of students in alternative 
        education programs, if appropriate;
            ``(15) describes how the eligible agency will 
        provide local educational agencies, area career and 
        technical education schools, and eligible institutions 
        in the State with technical assistance;
            ``(16) describes how career and technical education 
        relates to State and regional occupational 
        opportunities;
            ``(17) describes the methods proposed for the joint 
        planning and coordination of programs carried out under 
        this title with other Federal education programs;
            ``(18) describes how funds will be used to promote 
        preparation for high skill, high wage, or high demand 
        occupations and non-traditional fields;
            ``(19) describes how funds will be used to serve 
        individuals in State correctional institutions; and
            ``(20) 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 Options.--
            ``(1) Single plan.--An eligible agency not choosing 
        to consolidate funds under section 202 shall fulfill 
        the plan or application submission requirements of this 
        section, and section 201(c), by submitting a single 
        State plan. In such plan, the eligible agency may allow 
        recipients to fulfill the plan or application 
        submission requirements of section 134 and subsections 
        (a) and (b) of section 204 by submitting a single local 
        plan.
            ``(2) Plan submitted as part of 501 plan.--The 
        eligible agency may submit the plan required under this 
        section as part of the plan submitted under section 501 
        of Public Law 105-220, if the plan submitted pursuant 
        to the requirement of this section meets the 
        requirements of this Act.
    ``(e) Plan Approval.--
            ``(1) In general.--The Secretary shall approve a 
        State plan, or a revision to an approved State plan, 
        unless the Secretary determines that--
                    ``(A) the State plan, or revision, 
                respectively, does not meet the requirements of 
                this Act; or
                    ``(B) the State's levels of performance on 
                the core indicators of performance consistent 
                with section 113 are not sufficiently rigorous 
                to meet the purpose of this Act.
            ``(2) Disapproval.--The Secretary shall not finally 
        disapprove a State plan, except after giving the 
        eligible agency notice and an opportunity for a 
        hearing.
            ``(3) Consultation.--The eligible agency shall 
        develop the portion of each State plan relating to the 
        amount and uses of any funds proposed to be reserved 
        for adult career and technical education, postsecondary 
        career and technical education, tech prep education, 
        and secondary career and technical education after 
        consultation with the State agency responsible for 
        supervision of community colleges, technical 
        institutes, or other 2-year postsecondary institutions 
        primarily engaged in providing postsecondary career and 
        technical education, and the State agency responsible 
        for secondary education. If a State agency finds that a 
        portion of the final State plan is objectionable, the 
        State agency shall file such objections with the 
        eligible agency. The eligible agency shall respond to 
        any objections of the State agency in the State plan 
        submitted to the Secretary.
            ``(4) Timeframe.--A State plan shall be deemed 
        approved by the Secretary if the Secretary has not 
        responded to the eligible agency regarding the State 
        plan within 90 days of the date the Secretary receives 
        the State plan.

``SEC. 123. IMPROVEMENT PLANS.

    ``(a) State Program Improvement.--
            ``(1) Plan.--If a State fails to meet at least 90 
        percent of an agreed upon State adjusted level of 
        performance for any of the core indicators of 
        performance described in 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 during the first program 
        year succeeding the program year for which the eligible 
        agency failed to so meet the State adjusted level of 
        performance for any of the core indicators of 
        performance.
            ``(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 the improvement activities consistent with 
        the requirements of this Act.
            ``(3) Subsequent action.--
                    ``(A) In general.--The Secretary may, after 
                notice and opportunity for a hearing, withhold 
                from an eligible agency all, or a portion, of 
                the eligible agency's allotment under 
                paragraphs (2) and (3) of section 112(a) if the 
                eligible agency--
                            ``(i) fails to implement an 
                        improvement plan as described in 
                        paragraph (1);
                            ``(ii) fails to make any 
                        improvement in meeting any of the State 
                        adjusted levels of performance for the 
                        core indicators of performance 
                        identified under paragraph (1) within 
                        the first program year of 
                        implementation of its improvement plan 
                        described in paragraph (1); or
                            ``(iii) fails to meet at least 90 
                        percent of an agreed upon State 
                        adjusted level of performance for the 
                        same core indicator of performance for 
                        3 consecutive years.
                    ``(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.--The 
        Secretary shall use funds withheld under paragraph (3) 
        for a State served by an eligible agency to provide 
        technical assistance, to assist in the development of 
        an improved State improvement plan, or for other 
        improvement activities consistent with the requirements 
        of this Act for such State.
    ``(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 career 
        and technical education activities of each eligible 
        recipient receiving funds under this title.
            ``(2) Plan.--If, after reviewing the evaluation in 
        paragraph (1), the eligible agency determines that an 
        eligible recipient failed to meet at least 90 percent 
        of an agreed upon local adjusted level of performance 
        for any of the core indicators of performance described 
        in section 113(b)(4), the eligible recipient shall 
        develop and implement a program improvement plan (with 
        special consideration to performance gaps identified 
        under section 113(b)(4)(C)(ii)(II)) in consultation 
        with the eligible agency, appropriate agencies, 
        individuals, and organizations during the first program 
        year succeeding the program year for which the eligible 
        recipient failed to so meet any of thelocal adjusted 
levels of performance for any of the core indicators of performance.
            ``(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 purposes of this Act, based on 
        the local adjusted levels of performance, the eligible 
        agency shall work with the eligible recipient to 
        implement improvement activities consistent with the 
        requirements of this Act.
            ``(4) Subsequent action.--
                    ``(A) In general.--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 if the eligible recipient--
                            ``(i) fails to implement an 
                        improvement plan as described in 
                        paragraph (2);
                            ``(ii) fails to make any 
                        improvement in meeting any of the local 
                        adjusted levels of performance for the 
                        core indicators of performance 
                        identified under paragraph (2) within 
                        the first program year of 
                        implementation of its improvement plan 
                        described in paragraph (2); or
                            ``(iii) fails to meet at least 90 
                        percent of an agreed upon local 
                        adjusted level of performance for the 
                        same core indicator of performance for 
                        3 consecutive years.
                    ``(B) Waiver for exceptional 
                circumstances.--In determining whether to 
                impose sanctions under subparagraph (A), the 
                eligible agency may waive imposing sanctions--
                            ``(i) due to exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the eligible recipient; or
                            ``(ii) based on the impact on the 
                        eligible recipient's reported 
                        performance of the small size of the 
                        career and technical education program 
                        operated by the eligible recipient.
            ``(5) Funds resulting from reduced allotments.--The 
        eligible agency shall use funds withheld under 
        paragraph (4) from an eligible recipient to provide 
        (through alternative arrangements) services and 
        activities to students within the area served by such 
        recipient to meet the purposes of this Act.

``SEC. 124. STATE LEADERSHIP ACTIVITIES.

    ``(a) General Authority.--From amounts reserved under 
section 112(a)(2), each eligible agency shall conduct State 
leadership activities.
    ``(b) Required Uses of Funds.--The State leadership 
activities described in subsection (a) shall include--
            ``(1) an assessment of the career and technical 
        education programs carried out with funds under this 
        title, including an assessment of how the needs of 
        special populations are being met and how the career 
        and technical education programs are designed to enable 
        special populations to meet State adjusted levels of 
        performance and prepare the special populations for 
        further education, further training, or for high skill, 
        high wage, or high demand occupations;
            ``(2) developing, improving, or expanding the use 
        of technology in career and technical education that 
        may include--
                    ``(A) training of career and technical 
                education teachers, faculty, career guidance 
                and academic counselors, and administrators to 
                use technology, including distance learning;
                    ``(B) providing career and technical 
                education students with the academic and career 
                and technical skills (including the mathematics 
                and science knowledge that provides a strong 
                basis for such skills) that lead to entry into 
                technology fields, including non-traditional 
                fields; or
                    ``(C) encouraging schools to collaborate 
                with technology industries to offer voluntary 
                internships and mentoring programs;
            ``(3) professional development programs, including 
        providing comprehensive professional development 
        (including initial teacher preparation) for career and 
        technical education teachers, faculty, administrators, 
        and career guidance and academic counselors at the 
        secondary and postsecondary levels, that support 
        activities described in section 122 and--
                    ``(A) provide in-service and preservice 
                training in career and technical education 
                programs--
                            ``(i) on effective integration and 
                        use of challenging academic and career 
                        and technical education provided 
                        jointly with academic teachers to the 
                        extent practicable;
                            ``(ii) on effective teaching skills 
                        based on research that includes 
                        promising practices;
                            ``(iii) on effective practices to 
                        improve parental and community 
                        involvement; and
                            ``(iv) on effective use of 
                        scientifically based research and data 
                        to improve instruction;
                    ``(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;
                    ``(C) will help teachers and personnel to 
                improve student achievement in order to meet 
                the State adjusted levels of performance 
                established under section 113;
                    ``(D) will support education programs for 
                teachers of career and technical education in 
                public schools and other public school 
                personnel who are involved in the direct 
                delivery of educational services to career and 
                technical education students to ensure that 
                teachers and personnel--
                            ``(i) stay current with the needs, 
                        expectations, and methods of industry;
                            ``(ii) can effectively develop 
                        rigorous and challenging, integrated 
                        academic and career and technical 
                        education curricula jointly with 
                        academic teachers, to the extent 
                        practicable;
                            ``(iii) develop a higher level of 
                        academic and industry knowledge and 
                        skills in career and technical 
                        education; and
                            ``(iv) effectively use applied 
                        learning that contributes to the 
                        academic and career and technical 
                        knowledge of the student; and
                    ``(E) are coordinated with the teacher 
                certification or licensing and professional 
                development activities that the State carries 
                out under title II of the Elementary and 
                Secondary Education Act of 1965 and title II of 
                the Higher Education Act of 1965;
            ``(4) supporting career and technical education 
        programs that improve the academic and career and 
        technical skills of students participating in career 
        and technical education programs by strengthening the 
        academic and career and technical components of such 
        career and technical education programs, through the 
        integration of coherent and relevant content aligned 
        with challenging academic standards and relevant career 
        and technical education, to ensure achievement in--
                    ``(A) the core academic subjects (as 
                defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965); and
                    ``(B) career and technical education 
                subjects;
            ``(5) providing preparation for non-traditional 
        fields in current and emerging professions, and other 
        activities that expose students, including special 
        populations, to high skill, high wage occupations;
            ``(6) supporting partnerships among local 
        educational agencies, institutions of higher education, 
        adult education providers, and, as appropriate, other 
        entities, such as employers, labor organizations, 
        intermediaries, parents, and local partnerships, to 
        enable students to achieve State academic standards, 
        and career and technical skills, or complete career and 
        technical programs of study, 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;
            ``(8) support for programs for special populations 
        that lead to high skill, high wage, or high demand 
        occupations; and
            ``(9) technical assistance for eligible recipients.
    ``(c) Permissible Uses of Funds.--The leadership activities 
described in subsection (a) may include--
            ``(1) improvement of career guidance and academic 
        counseling programs that assist students in making 
        informed academic and career and technical education 
        decisions, including--
                    ``(A) encouraging secondary and 
                postsecondary students to graduate with a 
                diploma or degree; and
                    ``(B) exposing students to high skill, high 
                wage occupations and non-traditional fields;
            ``(2) establishment of agreements, including 
        articulation agreements, between secondary school and 
        postsecondary career and technical education programs 
        in order to provide postsecondary education and 
        training opportunities for students participating in 
        such career and technical education programs, such as 
        tech prep programs;
            ``(3) support for initiatives to facilitate the 
        transition of subbaccalaureate career and technical 
        education students into baccalaureate degree programs, 
        including--
                    ``(A) statewide articulation agreements 
                between associate degree granting career and 
                technical postsecondary educational 
                institutions and baccalaureate degree granting 
                postsecondary educational institutions;
                    ``(B) postsecondary dual and concurrent 
                enrollment programs;
                    ``(C) academic and financial aid 
                counseling; and
                    ``(D) other initiatives--
                            ``(i) to encourage the pursuit of a 
                        baccalaureate degree; and
                            ``(ii) to overcome barriers to 
                        participation in baccalaureate degree 
                        programs, including geographic and 
                        other barriers affecting rural students 
                        and special populations;
            ``(4) support for career and technical student 
        organizations, especially with respect to efforts to 
        increase the participation of students who are members 
        of special populations;
            ``(5) support for public charter schools operating 
        career and technical education programs;
            ``(6) support for career and technical education 
        programs that offer experience in, and understanding 
        of, all aspects of an industry for which students are 
        preparing to enter;
            ``(7) support for family and consumer sciences 
        programs;
            ``(8) support for partnerships between education 
        and business or business intermediaries, including 
        cooperative education and adjunct faculty arrangements 
        at the secondary and postsecondary levels;
            ``(9) support to improve or develop new career and 
        technical education courses and initiatives, including 
        career clusters, career academies, and distance 
        education, that prepare individuals academically and 
        technically for high skill, high wage, or high demand 
        occupations;
            ``(10) awarding incentive grants to eligible 
        recipients--
                    ``(A) for exemplary performance in carrying 
                out programs under this Act, which awards shall 
                be based on--
                            ``(i) eligible recipients exceeding 
                        the local adjusted levels of 
                        performance established under section 
                        113(b) in a manner that reflects 
                        sustained or significant improvement;
                            ``(ii) eligible recipients 
                        effectively developing connections 
                        between secondary education and 
                        postsecondary education and training;
                            ``(iii) the adoption and 
                        integration of coherent and rigorous 
                        content aligned with challenging 
                        academic standards and technical 
                        coursework;
                            ``(iv) eligible recipients' 
                        progress in having special populations 
                        who participate in career and technical 
                        education programs meet local adjusted 
                        levels of performance; or
                            ``(v) other factors relating to the 
                        performance of eligible recipients 
                        under this Act as the eligible agency 
                        determines are appropriate; or
                    ``(B) if an eligible recipient elects to 
                use funds as permitted under section 
                135(c)(19);
            ``(11) providing for activities to support 
        entrepreneurship education and training;
            ``(12) providing career and technical education 
        programs for adults and school dropouts to complete 
        their secondary school education, in coordination, to 
        the extent practicable, with activities authorized 
        under the Adult Education and Family Literacy Act;
            ``(13) providing assistance to individuals, who 
        have participated in services and activities under this 
        title, in continuing the individuals' education or 
        training or finding appropriate jobs, such as through 
        referral to the system established under section 121 of 
        Public Law 105-220;
            ``(14) developing valid and reliable assessments of 
        technical skills;
            ``(15) developing and enhancing data systems to 
        collect and analyze data on secondary and postsecondary 
        academic and employment outcomes;
            ``(16) improving--
                    ``(A) the recruitment and retention of 
                career and technical education teachers, 
                faculty, administrators, and career guidance 
                and academic counselors, including individuals 
                in groups underrepresented in the teaching 
                profession; and
                    ``(B) the transition to teaching from 
                business and industry, including small 
                business; and
            ``(17) support for occupational and employment 
        information resources, such as those described in 
        section 118.
    ``(d) Restriction on Uses of Funds.--An eligible agency 
that receives funds under section 112(a)(2) may not use any of 
such funds for administrative costs.

                       ``PART C--LOCAL PROVISIONS

``SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PROGRAMS.

    ``(a) Distribution Rules.--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 to local 
educational agencies within the State as follows:
            ``(1) Thirty percent.--Thirty percent shall be 
        allocated to such local educational agencies in 
        proportion to the number of individuals aged 5 through 
        17, inclusive, who reside in the school district served 
        by such local educational agency for the preceding 
        fiscal year compared to the total number of such 
        individuals who reside in the school districts served 
        by all local educational agencies in the State for such 
        preceding fiscal year, as determined on the basis of 
        the most recent satisfactory--
                    ``(A) data provided to the Secretary by the 
                Bureau of the Census for the purpose of 
                determining eligibility under title I of the 
                Elementary and Secondary Education Act of 1965; 
                or
                    ``(B) student membership data collected by 
                the National Center for Education Statistics 
                through the Common Core of Data survey system.
            ``(2) Seventy percent.--Seventy percent shall be 
        allocated to such local educational agencies in 
        proportion to the number of individuals aged 5 through 
        17, inclusive, who reside in the school district served 
        by such local educational agency and are from families 
        below the poverty level for the preceding fiscal year, 
        as determined on the basis of the most recent 
        satisfactory data used under section 1124(c)(1)(A) of 
        the Elementary and Secondary Education Act of 1965, 
        compared to the total number of such individuals who 
        reside in the school districts served by all the local 
        educational agencies in the State for such preceding 
        fiscal year.
            ``(3) Adjustments.--Each eligible agency, in making 
        the allocations under paragraphs (1) and (2), shall 
        adjust the data used to make the allocations to--
                    ``(A) reflect any change in school district 
                boundaries that may have occurred since the 
                data were collected; and
                    ``(B) include local educational agencies 
                without geographical boundaries, such as 
                charter schools and secondary schools funded by 
                the Bureau of Indian Affairs.
    ``(b) Waiver for More Equitable Distribution.--The 
Secretary may waive the application of 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))) to local educational agencies within 
        the State than the formula described in subsection (a); 
        and
            ``(2) includes a proposal for such an alternative 
        formula.
    ``(c) Minimum Allocation.--
            ``(1) In general.--Except as provided in paragraph 
        (2), a local educational agency shall not receive an 
        allocation under subsection (a) unless the amount 
        allocated to such agency under subsection (a) is 
        greater than $15,000. A local educational agency may 
        enter into a consortium with other local educational 
        agencies for purposes of meeting the minimum allocation 
        requirement of this paragraph.
            ``(2) Waiver.--The eligible agency shall waive the 
        application of paragraph (1) in any case in which the 
        local educational agency--
                    ``(A)(i) is located in a rural, sparsely 
                populated area; or
                    ``(ii) is a public charter school operating 
                secondary school career and technical education 
                programs; and
                    ``(B) demonstrates that the local 
                educational agency is unable to enter into a 
                consortium for purposes of providing activities 
                under this part.
            ``(3) Redistribution.--Any amounts that are not 
        allocated by reason of paragraph (1) or paragraph (2) 
        shall be redistributed to local educational agencies 
        that meet the requirements of paragraph (1) or (2) in 
        accordance with the provisions of this section.
    ``(d) Limited Jurisdiction Agencies.--
            ``(1) In general.--In applying the provisions of 
        subsection (a), no eligible agency receiving assistance 
        under this title shall allocate funds to a local 
        educational agency that serves only elementary schools, 
        but shall distribute such funds to the local 
        educational agency or regional educational agency that 
        provides secondary school services to secondary school 
        students in the same attendance area.
            ``(2) Special rule.--The amount to be allocated 
        under paragraph (1) to a local educational agency that 
        has jurisdiction only over secondary schools shall be 
        determined based on the number of students that entered 
        such secondary schools in the previous year from the 
        elementary schools involved.
    ``(e) Allocations to Area Career and Technical Education 
Schools and Educational Service Agencies.--
            ``(1) In general.--Each eligible agency shall 
        distribute the portion of funds made available under 
        section 112(a)(1) for any fiscal year by such eligible 
        agency for career and technical education activities at 
        the secondary level under this section to the 
        appropriate area career and technical education school 
        or educational service agency in any case in which the 
        area career and technical education school or 
        educational service agency, and the local educational 
        agency concerned--
                    ``(A) have formed or will form a consortium 
                for the purpose of receiving funds under this 
                section; or
                    ``(B) have entered into or will enter into 
                a cooperative arrangement for such purpose.
            ``(2) Allocation basis.--If an area career and 
        technical education school or educational service 
        agency meets the requirements of paragraph (1), then 
        the amount that would otherwise be distributed to the 
        local educational agency shall be allocated to the area 
        career and technical education school, the educational 
        service agency, and the local educational agency based 
        on each school, agency or entity's relative share of 
        students who are attending career and technical 
        education programs (based, if practicable, on the 
        average enrollment for the preceding 3 years).
            ``(3) Appeals procedure.--The eligible agency shall 
        establish an appeals procedure for resolution of any 
        dispute arising between a local educational agency and 
        an area career and technical education school or an 
        educational service agency with respect to the 
        allocation procedures described in this section, 
        including the decision of a local educational agency to 
        leave a consortium or terminate a cooperative 
        arrangement.
    ``(f) Consortium Requirements.--
            ``(1) Alliance.--Any local educational agency 
        receiving an allocation that is not sufficient to 
        conduct a program which meets the requirements of 
        section 135 is encouraged to--
                    ``(A) form a consortium or enter into a 
                cooperative agreement with an area career and 
                technical education school or educational 
                service agency offering programs that meet the 
                requirements of section 135;
                    ``(B) transfer such allocation to the area 
                career and technical education school or 
                educational service agency; and
                    ``(C) operate programs that are of 
                sufficient size, scope, and quality to be 
                effective.
            ``(2) Funds to consortium.--Funds allocated to a 
        consortium formed to meet the requirements of this 
        subsection shall be used only for purposes and programs 
        that are mutually beneficial to all members of the 
        consortium and can be used only for programs authorized 
        under this title. Such funds may not be reallocated to 
        individual members of the consortium for purposes or 
        programs benefitting only 1 member of the consortium.
    ``(g) Data.--The Secretary shall collect information from 
eligible agencies regarding the specific dollar allocations 
made available by the eligible agency for career and technical 
education programs under subsections (a), (b), (c), (d), and 
(e) and how these allocations are distributed to local 
educational agencies, area career and technical education 
schools, and educational service agencies, within the State in 
accordance with this section.
    ``(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. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDUCATION PROGRAMS.

    ``(a) Allocation.--
            ``(1) In general.--Except as provided in 
        subsections (b) and (c) and section 133, each eligible 
        agency shall distribute the portion of the funds made 
        available under section 112(a)(1) to carry out this 
        section for any fiscal year to eligible institutions or 
        consortia of eligible institutions within the State.
            ``(2) Formula.--Each eligible institution or 
        consortium of eligible institutions shall be allocated 
        an amount that bears the same relationship to the 
        portion of funds made available under section 112(a)(1) 
        to carry out this section for any fiscal year as the 
        sum of the number of individuals who are Federal Pell 
        Grant recipients and recipients of assistance from the 
        Bureau of Indian Affairs enrolled in programs meeting 
        the requirements of section 135 offered by such 
        institution or consortium in the preceding fiscal year 
        bears to the sum of the number of such recipients 
        enrolled in such programs within the State for such 
        year.
            ``(3) Consortium requirements.--
                    ``(A) In general.--In order for a 
                consortium of eligible institutions described 
                in paragraph (2) to receive assistance pursuant 
                to such paragraph, such consortium shall 
                operate joint projects that--
                            ``(i) provide services to all 
                        postsecondary institutions 
                        participating in the consortium; and
                            ``(ii) are of sufficient size, 
                        scope, and quality to be effective.
                    ``(B) Funds to consortium.--Funds allocated 
                to a consortium formed to meet the requirements 
                of this section shall be used only for purposes 
                and programs that are mutually beneficial to 
                all members of the consortium and shall be used 
                only for programs authorized under this title. 
                Such funds may not be reallocated to individual 
                members of the consortium for purposes or 
                programs benefitting only 1 member of the 
                consortium.
            ``(4) Waiver.--The eligible agency may waive the 
        application of paragraph (3)(A)(i) in any case in which 
        the eligible institution is located in a rural, 
        sparsely populated area.
    ``(b) Waiver for More Equitable Distribution.--The 
Secretary may waive the application of subsection (a) if an 
eligible agency submits to the Secretary an application for 
such a waiver that--
            ``(1) demonstrates that the formula described in 
        subsection (a) does not result in a distribution of 
        funds to the eligible institutions or consortia within 
        the State that have the highest numbers of economically 
        disadvantaged individuals and that an alternative 
        formula will result in such a distribution; and
            ``(2) includes a proposal for such an alternative 
        formula.
    ``(c) Minimum Grant Amount.--
            ``(1) In general.--No institution or consortium 
        shall receive an allocation under this section in an 
        amount that is less than $50,000.
            ``(2) Redistribution.--Any amounts that are not 
        distributed by reason of paragraph (1) shall be 
        redistributed to eligible institutions or consortia in 
        accordance with this section.

``SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.

    ``(a) Special Rule for Minimal Allocation.--
            ``(1) General authority.--Notwithstanding the 
        provisions of sections 131 and 132 and in order to make 
        a more equitable distribution of funds for programs 
        serving the areas of greatest economic need, for any 
        program year for which a minimal amount is made 
        available by an eligible agency for distribution under 
        section 131 or 132, such eligible agency may distribute 
        such minimal amount for such year--
                    ``(A) on a competitive basis; or
                    ``(B) through any alternative method 
                determined by the eligible agency.
            ``(2) Minimal amount.--For purposes of this 
        section, the term `minimal amount' means not more than 
        15 percent of the total amount made available for 
        distribution under section 112(a)(1).
    ``(b) Redistribution.--
            ``(1) In general.--In any academic year that an 
        eligible recipient does not expend all of the amounts 
        the eligible recipient is allocated for such year under 
        section 131 or 132, such eligible recipient shall 
        return any unexpended amounts to the eligible agency to 
        be reallocated under section 131 or 132, as 
        appropriate.
            ``(2) Redistribution of amounts returned late in an 
        academic year.--In any academic year in which amounts 
        are returned to the eligible agency under section 131 
        or 132 and the eligible agency is unable to reallocate 
        such amounts according to such sections in time for 
        such amounts to be expended in such academic year, the 
        eligible agency shall retain suchamounts for 
distribution in combination with amounts provided under section 
112(a)(1) for the following academic year.
    ``(c) Construction.--Nothing in section 131 or 132 shall be 
construed--
            ``(1) to prohibit a local educational agency or a 
        consortium thereof that receives assistance under 
        section 131, from working with an eligible institution 
        or consortium thereof that receives assistance under 
        section 132, to carry out career and technical 
        education programs at the secondary level in accordance 
        with this title;
            ``(2) to prohibit an eligible institution or 
        consortium thereof that receives assistance under 
        section 132, from working with a local educational 
        agency or consortium thereof that receives assistance 
        under section 131, to carry out postsecondary and adult 
        career and technical education programs in accordance 
        with this title; or
            ``(3) to require a charter school, that provides 
        career and technical education programs and is 
        considered a local educational agency under State law, 
        to jointly establish the charter school's eligibility 
        for assistance under this title unless the charter 
        school is explicitly permitted to do so under the 
        State's charter school statute.
    ``(d) Consistent Application.--For purposes of this 
section, the eligible agency shall provide funds to charter 
schools offering career and technical education programs in the 
same manner as the eligible agency provides those funds to 
other schools. Such career and technical education programs 
within a charter school shall be of sufficient size, scope, and 
quality to be effective.

``SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.

    ``(a) Local Plan Required.--Any eligible recipient desiring 
financial assistance under this part shall, in accordance with 
requirements established by the eligible agency (in 
consultation with such other educational training entities as 
the eligible agency determines to be appropriate) submit a 
local plan to the eligible agency. Such local plan shall cover 
the same period of time as the period of time applicable to the 
State plan submitted under section 122.
    ``(b) Contents.--The eligible agency shall determine the 
requirements for local plans, except that each local plan 
shall--
            ``(1) describe how the career and technical 
        education programs required under section 135(b) will 
        be carried out with funds received under this title;
            ``(2) describe how the career and technical 
        education activities will be carried out with respect 
        to meeting State and local adjusted levels of 
        performance established under section 113;
            ``(3) describe how the eligible recipient will--
                    ``(A) offer the appropriate courses of not 
                less than 1 of the career and technical 
                programs of study described in section 
                122(c)(1)(A);
                    ``(B) improve the academic and technical 
                skills of students participating in career and 
                technical education programs by strengthening 
                the academic and career and technical education 
                components of such programs through the 
                integration of coherent and rigorous content 
                aligned with challenging academic standards and 
                relevant career and technical education 
                programs to ensure learning in--
                            ``(i) the core academic subjects 
                        (as defined in section 9101 of the 
                        Elementary and Secondary Education Act 
                        of 1965); and
                            ``(ii) career and technical 
                        education subjects;
                    ``(C) provide students with strong 
                experience in, and understanding of, all 
                aspects of an industry;
                    ``(D) ensure that students who participate 
                in such career and technical education programs 
                are taught to the same coherent and rigorous 
                content aligned with challenging academic 
                standards as are taught to all other students; 
                and
                    ``(E) encourage career and technical 
                education students at the secondary level to 
                enroll in rigorous and challenging courses in 
                core academic subjects (as defined in section 
                9101 of the Elementary and Secondary Education 
                Act of 1965);
            ``(4) describe how comprehensive professional 
        development (including initial teacher preparation) for 
        career and technical education, academic, guidance, and 
        administrative personnel will be provided that promotes 
        the integration of coherent and rigorous content 
        aligned with challenging academic standards and 
        relevant career and technical education (including 
        curriculum development);
            ``(5) describe how parents, students, academic and 
        career and technical education teachers, faculty, 
        administrators, career guidance and academic 
        counselors, representatives of tech prep consortia (if 
        applicable), representatives of the entities 
        participating in activities described in section 117 of 
        Public Law 105-220 (if applicable), representatives of 
        business (including small business) and industry, labor 
        organizations, representatives of special populations, 
        and other interested individuals are involved in the 
        development, implementation, and evaluation of career 
        and technical education programs assisted under this 
        title, and how such individuals and entities are 
        effectively informed about, and assisted in 
        understanding, the requirements of this title, 
        including career and technical programs of study;
            ``(6) provide assurances that the eligible 
        recipient will provide a career and technical education 
        program that is of such size, scope, and quality to 
        bring about improvement in the quality of career and 
        technical education programs;
            ``(7) describe the process that will be used to 
        evaluate and continuously improve the performance of 
        the eligible recipient;
            ``(8) describe how the eligible recipient will--
                    ``(A) review career and technical education 
                programs, and identify and adopt strategies to 
                overcome barriers that result in lowering rates 
                of access to or lowering success in the 
                programs, for special populations;
                    ``(B) provide programs that are designed to 
                enable the special populations to meet the 
                local adjusted levels of performance; and
                    ``(C) provide activities to prepare special 
                populations, including single parents and 
                displaced homemakers, for high skill, high 
                wage, or high demand occupations that will lead 
                to self-sufficiency;
            ``(9) describe how individuals who are members of 
        special populations will not be discriminated against 
        on the basis of their status as members of the special 
        populations;
            ``(10) describe how funds will be used to promote 
        preparation for non-traditional fields;
            ``(11) describe how career guidance and academic 
        counseling will be provided to career and technical 
        education students, including linkages to future 
        education and training opportunities; and
            ``(12) describe efforts to improve--
                    ``(A) the recruitment and retention of 
                career and technical education teachers, 
                faculty, and career guidance and academic 
                counselors, including individuals in groups 
                underrepresented in the teaching profession; 
                and
                    ``(B) the transition to teaching from 
                business and industry.

``SEC. 135. LOCAL USES OF FUNDS.

    ``(a) General Authority.--Each eligible recipient that 
receives funds under this part shall use such funds to improve 
career and technical education programs.
    ``(b) Requirements for Uses of Funds.--Funds made available 
to eligible recipients under this part shall be used to support 
career and technical education programs that--
            ``(1) strengthen the academic and career and 
        technical skills of students participating in career 
        and technical education programs, by strengthening the 
        academic and career and technical education components 
        of such programs through the integration of academics 
        with career and technical education programs through a 
        coherent sequence of courses, such as career and 
        technical programs of study described in section 
        122(c)(1)(A), to ensure learning in--
                    ``(A) the core academic subjects (as 
                defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965); and
                    ``(B) career and technical education 
                subjects;
            ``(2) link career and technical education at the 
        secondary level and career and technical education at 
        the postsecondary level, including by offering the 
        relevant elements of not less than 1 career and 
        technical program of study described in section 
        122(c)(1)(A);
            ``(3) provide students with strong experience in 
        and understanding of all aspects of an industry, which 
        may include work-based learning experiences;
            ``(4) develop, improve, or expand the use of 
        technology in career and technical education, which may 
        include--
                    ``(A) training of career and technical 
                education teachers, faculty, and administrators 
                to use technology, which may include distance 
                learning;
                    ``(B) providing career and technical 
                education students with the academic and career 
                and technical skills (including the mathematics 
                and science knowledge that provides a strong 
                basis for such skills) that lead to entry into 
                the technology fields; or
                    ``(C) encouraging schools to collaborate 
                with technology industries to offer voluntary 
                internships and mentoring programs, including 
                programs that improve the mathematics and 
                science knowledge of students;
            ``(5) provide professional development programs 
        that are consistent with section 122 to secondary and 
        postsecondary teachers, faculty, administrators, and 
        career guidance and academic counselors who are 
        involved in integrated career and technical education 
        programs, including--
                    ``(A) in-service and preservice training 
                on--
                            ``(i) effective integration and use 
                        of challenging academic and career and 
                        technical education provided jointly 
                        with academic teachers to the extent 
                        practicable;
                            ``(ii) effective teaching skills 
                        based on research that includes 
                        promising practices;
                            ``(iii) effective practices to 
                        improve parental and community 
                        involvement; and
                            ``(iv) effective use of 
                        scientifically based research and data 
                        to improve instruction;
                    ``(B) support of education programs for 
                teachers of career and technical education in 
                public schools and other public school 
                personnel who are involved in the direct 
                delivery of educational services to career and 
                technical education students, to ensure that 
                such teachers and personnel stay current with 
                all aspects of an industry;
                    ``(C) internship programs that provide 
                relevant business experience; and
                    ``(D) programs designed to train teachers 
                specifically in the effective use and 
                application of technology to improve 
                instruction;
            ``(6) develop and implement evaluations of the 
        career and technical education programs carried out 
        with funds under this title, including an assessment of 
        how the needs of special populations are being met;
            ``(7) initiate, improve, expand, and modernize 
        quality career and technical education programs, 
        including relevant technology;
            ``(8) provide services and activities that are of 
        sufficient size, scope, and quality to be effective; 
        and
            ``(9) provide activities to prepare special 
        populations, including single parents and displaced 
        homemakers who are enrolled in career and technical 
        education programs, for high skill, high wage, or high 
        demand occupations that will lead to self-sufficiency.
    ``(c) Permissive.--Funds made available to an eligible 
recipient under this title may be used--
            ``(1) to involve parents, businesses, and labor 
        organizations as appropriate, in the design, 
        implementation, and evaluation of career and technical 
        education programs authorized under this title, 
        including establishing effective programs and 
        procedures to enable informed and effective 
        participation in such programs;
            ``(2) to provide career guidance and academic 
        counseling, which may include information described in 
        section 118, forstudents participating in career and 
technical education programs, that--
                    ``(A) improves graduation rates and 
                provides information on postsecondary and 
                career options, including baccalaureate degree 
                programs, for secondary students, which 
                activities may include the use of graduation 
                and career plans; and
                    ``(B) provides assistance for postsecondary 
                students, including for adult students who are 
                changing careers or updating skills;
            ``(3) for local education and business (including 
        small business) partnerships, including for--
                    ``(A) work-related experiences for 
                students, such as internships, cooperative 
                education, school-based enterprises, 
                entrepreneurship, and job shadowing that are 
                related to career and technical education 
                programs;
                    ``(B) adjunct faculty arrangements for 
                qualified industry professionals; and
                    ``(C) industry experience for teachers and 
                faculty;
            ``(4) to provide programs for special populations;
            ``(5) to assist career and technical student 
        organizations;
            ``(6) for mentoring and support services;
            ``(7) for leasing, purchasing, upgrading or 
        adapting equipment, including instructional aids and 
        publications (including support for library resources) 
        designed to strengthen and support academic and 
        technical skill achievement;
            ``(8) for teacher preparation programs that address 
        the integration of academic and career and technical 
        education and that assist individuals who are 
        interested in becoming career and technical education 
        teachers and faculty, including individuals with 
        experience in business and industry;
            ``(9) to develop and expand postsecondary program 
        offerings at times and in formats that are accessible 
        for students, including working students, including 
        through the use of distance education;
            ``(10) to develop initiatives that facilitate the 
        transition of subbaccalaureate career and technical 
        education students into baccalaureate degree programs, 
        including--
                    ``(A) articulation agreements between sub-
                baccalaureate degree granting career and 
                technical education postsecondary educational 
                institutions and baccalaureate degree granting 
                postsecondary educational institutions;
                    ``(B) postsecondary dual and concurrent 
                enrollment programs;
                    ``(C) academic and financial aid counseling 
                for sub-baccalaureate career and technical 
                education students that informs the students of 
                the opportunities for pursuing a baccalaureate 
                degree and advises the students on how to meet 
                any transfer requirements; and
                    ``(D) other initiatives--
                            ``(i) to encourage the pursuit of a 
                        baccalaureate degree; and
                            ``(ii) to overcome barriers to 
                        enrollment in and completion of 
                        baccalaureate degree programs, 
                        including geographic and other barriers 
                        affecting rural students and special 
                        populations;
            ``(11) to provide activities to support 
        entrepreneurship education and training;
            ``(12) for improving or developing new career and 
        technical education courses, including the development 
        of new proposed career and technical programs of study 
        for consideration by the eligible agency and courses 
        that prepare individuals academically and technically 
        for high skill, high wage, or high demand occupations 
        and dual or concurrent enrollment opportunities by 
        which career and technical education students at the 
        secondary level could obtain postsecondary credit to 
        count towards an associate or baccalaureate degree;
            ``(13) to develop and support small, personalized 
        career-themed learning communities;
            ``(14) to provide support for family and consumer 
        sciences programs;
            ``(15) to provide career and technical education 
        programs for adults and school dropouts to complete the 
        secondary school education, or upgrade the technical 
        skills, of the adults and school dropouts;
            ``(16) to provide assistance to individuals who 
        have participated in services and activities under this 
        Act in continuing their education or training or 
        finding an appropriate job, such as through referral to 
        the system established under section 121 of Public Law 
        105-220 (29 U.S.C. 2801 et seq.);
            ``(17) to support training and activities (such as 
        mentoring and outreach) in non-traditional fields;
            ``(18) to provide support for training programs in 
        automotive technologies;
            ``(19) to pool a portion of such funds with a 
        portion of funds available to not less than 1 other 
        eligible recipient for innovative initiatives, which 
        may include--
                    ``(A) improving the initial preparation and 
                professional development of career and 
                technical education teachers, faculty, 
                administrators, and counselors;
                    ``(B) establishing, enhancing, or 
                supporting systems for--
                            ``(i) accountability data 
                        collection under this Act; or
                            ``(ii) reporting data under this 
                        Act;
                    ``(C) implementing career and technical 
                programs of study described in section 
                122(c)(1)(A); or
                    ``(D) implementing technical assessments; 
                and
            ``(20) to support other career and technical 
        education activities that are consistent with the 
        purpose of this Act.
    ``(d) Administrative Costs.--Each eligible recipient 
receiving funds under this part shall not use more than 5 
percent of the funds for administrative costs associated with 
the administration of activities assisted under this section.

                    ``TITLE II--TECH PREP EDUCATION

``SEC. 201. 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 an 
allotment under this title shall submit, as part of its State 
plan under section 122, an application that--
            ``(1) describes how activities under this title 
        will be coordinated, to the extent practicable, with 
        activities described in the State plan submitted under 
        section 122; and
            ``(2) contains such information as the Secretary 
        may require.

``SEC. 202. CONSOLIDATION OF FUNDS.

    ``(a) In General.--An eligible agency receiving an 
allotment under sections 111 and 201 may choose to consolidate 
all, or a portion of, funds received under section 201 with 
funds received under section 111 in order to carry out the 
activities described in the State plan submitted under section 
122.
    ``(b) Notification Requirement.--Each eligible agency that 
chooses to consolidate funds under this section shall notify 
the Secretary, in the State plan submitted under section 122, 
of the eligible agency's decision to consolidate funds under 
this section.
    ``(c) Treatment of Consolidated Funds.--Funds consolidated 
under this section shall be considered as funds allotted under 
section 111 and shall be distributed in accordance with section 
112.

``SEC. 203. TECH PREP PROGRAM.

    ``(a) Grant Program Authorized.--
            ``(1) In general.--From amounts made available to 
        each eligible agency under section 201, 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 programs described in subsection 
        (c). The grants shall be awarded to consortia between 
        or among--
                    ``(A) a local educational agency, an 
                intermediate educational agency, educational 
                service agency, or area career 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--
                            ``(I)(aa) offers a 2-year associate 
                        degree program or a 2-year certificate 
                        program; and
                            ``(bb) is qualified as an 
                        institution of higher education 
                        pursuant to section 102 of the Higher 
                        Education Act of 1965, including--
                                    ``(AA) an institution 
                                receiving assistance under the 
                                Tribally Controlled College or 
                                University Assistance Act of 
                                1978 (25 U.S.C. 1801 et seq.); 
                                and
                                    ``(BB) a tribally 
                                controlled postsecondary career 
                                and technical institution; or
                            ``(II) offers a 2-year 
                        apprenticeship program that follows 
                        secondary education 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 pursuant to the 
                provisions of section 435(a)(2) of such Act; 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) employers (including small 
                businesses), business intermediaries, or labor 
                organizations.
    ``(b) Duration.--Each consortium receiving a grant under 
this title shall use amounts provided under the grant to 
develop and operate a 4- or 6-year tech prep 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 a program of study that--
                    ``(A) combines--
                            ``(i) a minimum of 2 years of 
                        secondary education (as determined 
                        under State law); with
                            ``(ii)(I) a minimum of 2 years of 
                        postsecondary education in a 
                        nonduplicative, sequential course of 
                        study; or
                            ``(II) an apprenticeship program of 
                        not less than 2 years following 
                        secondary education instruction; and
                    ``(B) integrates academic and career and 
                technical education instruction, and utilizes 
                work-based and worksite learning experiences 
                where appropriate and available;
                    ``(C) provides technical preparation in a 
                career field, including high skill, high wage, 
                or high demand occupations;
                    ``(D) builds student competence in 
                technical skills and in core academic subjects 
                (as defined in section 9101 of the Elementary 
                and Secondary Education Act of 1965), as 
                appropriate, through applied, contextual, and 
                integrated instruction, in a coherent sequence 
                of courses;
                    ``(E) leads to technical skill proficiency, 
                an industry-recognized credential, a 
                certificate, or a degree, in a specific career 
                field;
                    ``(F) leads to placement in high skill or 
                high wage employment, or to further education; 
                and
                    ``(G) utilizes career and technical 
                education programs of study, to the extent 
                practicable;
            ``(3) include the development of tech prep programs 
        for secondary education and postsecondary education 
        that--
                    ``(A) meet academic standards developed by 
                the State;
                    ``(B) link secondary schools and 2-year 
                postsecondary institutions, and if possible and 
                practicable, 4-year institutions of higher 
                education, through--
                            ``(i) nonduplicative sequences of 
                        courses in career fields;
                            ``(ii) the use of articulation 
                        agreements; and
                            ``(iii) the investigation of 
                        opportunities for tech prep secondary 
                        education students to enroll 
                        concurrently in secondary education and 
                        postsecondary education coursework;
                    ``(C) use, if appropriate and available, 
                work-based or worksite learning experiences in 
                conjunction with business and all aspects of an 
                industry; and
                    ``(D) use educational technology and 
                distance learning, as appropriate, to involve 
                all the participants in the consortium more 
                fully in the development and operation of 
                programs;
            ``(4) include in-service professional development 
        for teachers, faculty, and administrators that--
                    ``(A) supports effective implementation of 
                tech prep programs;
                    ``(B) supports joint training in the tech 
                prep consortium;
                    ``(C) supports the needs, expectations, and 
                methods of business and all aspects of an 
                industry;
                    ``(D) supports the use of contextual and 
                applied curricula, instruction, and assessment;
                    ``(E) supports the use and application of 
                technology; and
                    ``(F) assists in accessing and utilizing 
                data, information available pursuant to section 
                118, and information on student achievement, 
                including assessments;
            ``(5) include professional development programs for 
        counselors designed to enable counselors to more 
        effectively--
                    ``(A) provide information to students 
                regarding tech prep programs;
                    ``(B) support student progress in 
                completing tech prep programs, which may 
                include the use of graduation and career plans;
                    ``(C) provide information on related 
                employment opportunities;
                    ``(D) ensure that students are placed in 
                appropriate employment or further postsecondary 
                education;
                    ``(E) stay current with the needs, 
                expectations, and methods of business and all 
                aspects of an industry; and
                    ``(F) provide comprehensive career guidance 
                and academic counseling to participating 
                students, including special populations;
            ``(6) provide equal access, to the full range of 
        technical preparation programs (including 
        preapprenticeship programs), to individuals who are 
        members of special populations, including the 
        development of tech prep program services appropriate 
        to the needs of special populations;
            ``(7) provide for preparatory services that assist 
        participants in tech prep programs; and
            ``(8) coordinate with activities conducted under 
        title I.
    ``(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;
            ``(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;
            ``(4) improve career guidance and academic 
        counseling for participating students through the 
        development and implementation of graduation and career 
        plans; and
            ``(5) develop curriculum that supports effective 
        transitions between secondary and postsecondary career 
        and technical education programs.
    ``(e) Indicators of Performance and Accountability.--
            ``(1) In general.--Each consortium shall establish 
        and report to the eligible agency indicators of 
        performance for each tech prep program for which the 
        consortium receives a grant under this title. The 
        indicators of performance shall include the following:
                    ``(A) The number of secondary education 
                tech prep students and postsecondary education 
                tech prep students served.
                    ``(B) The number and percent of secondary 
                education tech prep students enrolled in the 
                tech prep program who--
                            ``(i) enroll in postsecondary 
                        education;
                            ``(ii) enroll in postsecondary 
                        education in the same field or major as 
                        the secondary education tech prep 
                        students were enrolled at the secondary 
                        level;
                            ``(iii) complete a State or 
                        industry-recognized certification or 
                        licensure;
                            ``(iv) successfully complete, as a 
                        secondary school student, courses that 
                        award postsecondary credit at the 
                        secondary level; and
                            ``(v) enroll in remedial 
                        mathematics, writing, or reading 
                        courses upon entering postsecondary 
                        education.
                    ``(C) The number and percent of 
                postsecondary education tech prep students 
                who--
                            ``(i) are placed in a related field 
                        of employment not later than 12 months 
                        after graduation from the tech prep 
                        program;
                            ``(ii) complete a State or 
                        industry-recognized certification or 
                        licensure;
                            ``(iii) complete a 2-year degree or 
                        certificate program within the normal 
                        time for completion of such program; 
                        and
                            ``(iv) complete a baccalaureate 
                        degree program within the normal time 
                        for completion of such program.
            ``(2) Number and percent.--For purposes of 
        subparagraphs (B) and (C) of paragraph (1), the numbers 
        and percentages shall be determined separately with 
        respect to each clause of each such subparagraph.

``SEC. 204. 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 require.
    ``(b) Plan.--Each application submitted under this section 
shall contain a 6-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 under this title 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 
        or advanced 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 an area or 
        skill, including an emerging technology, in which there 
        is a significant workforce shortage based on the data 
        provided by the eligible entity in the State under 
        section 118;
            ``(5) demonstrate how tech prep programs will help 
        students meet high academic and employability 
        competencies; and
            ``(6) demonstrate success in, or provide assurances 
        of, coordination and integration with eligible 
        recipients described in part C of title I.
    ``(e) Performance Levels.--
            ``(1) In general.--Each consortium receiving a 
        grant under this title shall enter into an agreement 
        with the eligible agency to meet a minimum level of 
        performance for each of the performance indicators 
        described in sections 113(b) and 203(e).
            ``(2) Resubmission of application; termination of 
        funds.--An eligible agency--
                    ``(A) shall require consortia that do not 
                meet the performance levels described in 
                paragraph (1) for 3 consecutive years to 
                resubmit an application to the eligible agency 
                for a tech prep program grant; and
                    ``(B) may choose to terminate the funding 
                for the tech prep program for a consortium that 
                does not meet the performance levels described 
                in paragraph (1) for 3 consecutive years, 
                including when the grants are made on the basis 
                of a formula determined by the eligible agency.
    ``(f) Equitable Distribution of Assistance.--In awarding 
grants under this title, the eligible agency shall ensure an 
equitable distribution of assistance between or among urban and 
rural participants in the consortium.

``SEC. 205. REPORT.

    ``Each eligible agency that receives an allotment 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. 206. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
title such sums as may be necessary for fiscal year 2007 and 
each of the 5 succeeding fiscal years.

                    ``TITLE III--GENERAL PROVISIONS

              ``PART A--FEDERAL ADMINISTRATIVE PROVISIONS

``SEC. 311. FISCAL REQUIREMENTS.

    ``(a) Supplement Not Supplant.--Funds made available under 
this Act for career and technical education activities shall 
supplement, and shall not supplant, non-Federal funds expended 
to carry out career and technical education activities and tech 
prep program activities.
    ``(b) Maintenance of Effort.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no payments shall be 
                made under this Act for any fiscal year to a 
                State for career and technical education 
                programs or tech prep programs unless the 
                Secretary determines that the fiscal effort per 
                student or the aggregate expenditures of such 
                State for career and technical education 
                programs for the fiscal year preceding the 
                fiscal year for which the determination is 
                made, equaled or exceeded such effort or 
                expenditures for career and technical education 
                programs for the second fiscal year preceding 
                the fiscal year for which the determination is 
                made.
                    ``(B) Computation.--In computing the fiscal 
                effort or aggregate expenditures pursuant to 
                subparagraph (A), the Secretary shall exclude 
                capital expenditures, special 1-time project 
                costs, and the cost of pilot programs.
                    ``(C) Decrease in federal support.--If the 
                amount made available for career and technical 
                education programs under this Act for a fiscal 
                year is less than the amount made available for 
                career and technical education programs under 
                this Act for the preceding fiscal year, then 
                the fiscal effort per student or the aggregate 
                expenditures of a State required by 
                subparagraph (A) for the preceding fiscal year 
                shall be decreased by the same percentage as 
                the percentage decrease in the amount so made 
                available.
            ``(2) Waiver.--The Secretary may waive the 
        requirements of this section, with respect to not more 
        than 5 percent of expenditures by any eligible agency 
        for 1 fiscal year only, on making a determination that 
        such waiver would be equitable due to exceptional or 
        uncontrollable circumstances affecting the ability of 
        the eligible agency to meet such requirements, such as 
        a natural disaster or an unforeseen and precipitous 
        decline in financial resources. No level of funding 
        permitted under such a waiver may be used as the basis 
        for computing the fiscal effort or aggregate 
        expenditures required under this section for years 
        subsequent to the year covered by such waiver. The 
        fiscal effort or aggregate expenditures for the 
        subsequent years shall be computed on the basis of the 
        level of funding that would, but for such waiver, have 
        been required.

``SEC. 312. AUTHORITY TO MAKE PAYMENTS.

    ``Any authority to make payments or to enter into contracts 
under this Act shall be available only to such extent or in 
such amounts as are provided in advance in appropriation Acts.

``SEC. 313. CONSTRUCTION.

    ``Nothing in this Act shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of 
a private, religious, or home school, regardless of whether a 
home school is treated as a private school or home school under 
State law. This section shall not be construed to bar students 
attending private, religious, or home schools from 
participation in programs or services under this Act.

``SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.

    ``No funds made available under this Act shall be used--
            ``(1) to require any secondary school student to 
        choose or pursue a specific career path or major; or
            ``(2) to mandate that any individual participate in 
        a career and technical education program, including a 
        career and technical education program that requires 
        the attainment of a federally funded skill level, 
        standard, or certificate of mastery.

``SEC. 315. LIMITATION FOR CERTAIN STUDENTS.

    ``No funds received under this Act may be used to provide 
career and technical education programs to students prior to 
the seventh grade, except that equipment and facilities 
purchased with funds under this Act may be used by such 
students.

``SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

    ``Nothing in this Act shall be construed to be inconsistent 
with applicable Federal law prohibiting discrimination on the 
basis of race, color, sex, national origin, age, or disability 
in the provision of Federal programs or services.

``SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND CHILDREN.

    ``(a) Personnel.--An eligible agency or eligible recipient 
that uses funds under this Act for in-service and preservice 
career and technical education professional development 
programs for career and technical education teachers, 
administrators, and other personnel shall, to the extent 
practicable, upon written request, permit the participation in 
such programs of career and technical education secondary 
school teachers, administrators, and other personnel in 
nonprofit private schools offering career and technical 
secondary education programs located in the geographical area 
served by such eligible agency or eligible recipient.
    ``(b) Student Participation.--
            ``(1) Student participation.--Except as prohibited 
        by State or local law, an eligible recipient may, upon 
        written request, use funds made available under this 
        Act to provide for the meaningful participation, in 
        career and technical education programs and activities 
        receiving funding under this Act, of secondary school 
        students attending nonprofit private schools who reside 
        in the geographical area served by the eligible 
        recipient.
            ``(2) Consultation.--An eligible recipient shall 
        consult, upon written request, in a timely and 
        meaningful manner with representatives of nonprofit 
        private schools in the geographical area served by the 
        eligible recipient described in paragraph (1) regarding 
        the meaningful participation, in career and technical 
        education programs and activities receiving funding 
        under this Act, of secondary school students attending 
        nonprofit private schools.

``SEC. 318. 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.

               ``PART B--STATE ADMINISTRATIVE PROVISIONS

``SEC. 321. JOINT FUNDING.

    ``(a) General Authority.--Funds made available to eligible 
agencies under this Act may be used to provide additional funds 
under an applicable program if--
            ``(1) such program otherwise meets the requirements 
        of this Act and the requirements of the applicable 
        program;
            ``(2) such program serves the same individuals that 
        are served under this Act;
            ``(3) such program provides services in a 
        coordinated manner with services provided under this 
        Act; and
            ``(4) such funds are used to supplement, and not 
        supplant, funds provided from non-Federal sources.
    ``(b) Applicable Program.--For the purposes of this 
section, the term `applicable program' means any program under 
any of the following provisions of law:
            ``(1) Chapters 4 and 5 of subtitle B of title I of 
        Public Law 105-220.
            ``(2) The Wagner-Peyser Act.
    ``(c) Use of Funds as Matching Funds.--For the purposes of 
this section, the term `additional funds' does not include 
funds used as matching funds.

``SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 
                    RELOCATION OF BUSINESSES.

    ``No funds provided under this Act shall be used for the 
purpose of directly providing incentives or inducements to an 
employer to relocate a business enterprise from one State to 
another State if such relocation will result in a reduction in 
the number of jobs available in the State where the business 
enterprise is located before such incentives or inducements are 
offered.

``SEC. 323. STATE ADMINISTRATIVE COSTS.

    ``(a) General Rule.--Except as provided in subsection (b), 
for each fiscal year for which an eligible agency receives 
assistance under this Act, the eligible agency shall provide, 
from non-Federal sources for the costs the eligible agency 
incurs for the administration of programs under this Act, an 
amount that is not less than the amount provided by the 
eligible agency from non-Federal sources for such costs for the 
preceding fiscal year.
    ``(b) Exception.--If the amount made available from Federal 
sources for the administration of programs under this Act for a 
fiscal year (referred to in this section as the `determination 
year') is less than the amount made available from Federal 
sources for the administration of programs under this Act for 
the preceding fiscal year, then the amount the eligible agency 
is required to provide from non-Federal sources for costs the 
eligible agency incurs for the administration of programs under 
this Act for the determination year under subsection (a) shall 
bear the same ratio to the amount the eligible agency provided 
from non-Federal sources for such costs for the preceding 
fiscal year, as the amount made available from Federal sources 
for the administration of programs under this Act for the 
determination year bears to the amount made available from 
Federal sources for the administration of programs under this 
Act for the preceding fiscal year.

``SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

    ``(a) Attendance Costs Not Treated as Income or 
Resources.--The portion of any student financial assistance 
received under this Act that is made available for attendance 
costs described in subsection (b) shall not be considered as 
income or resources in determining eligibility for assistance 
under any other program funded in whole or in part with Federal 
funds.
    ``(b) Attendance Costs.--The attendance costs described in 
this subsection are--
            ``(1) tuition and fees normally assessed a student 
        carrying an academic workload as determined by the 
        institution, and including costs for rental or purchase 
        of any equipment, materials, or supplies required of 
        all students in that course of study; and
            ``(2) an allowance for books, supplies, 
        transportation, dependent care, and miscellaneous 
        personal expenses for a student attending the 
        institution on at least a half-time basis, as 
        determined by the institution.
    ``(c) Costs of Career and Technical Education Services.--
Funds made available under this Act may be used to pay for the 
costs of career and technical education services required in an 
individualized education program developed pursuant to section 
614(d) of the Individuals with Disabilities Education Act and 
services necessary to meet the requirements of section 504 of 
the Rehabilitation Act of 1973 with respect to ensuring equal 
access to career and technical education.''.

SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

    (a) Immigration and Nationality Act.--Section 245A(h)(4)(C) 
of the Immigration and Nationality Act (8 U.S.C. 
1255a(h)(4)(C)) is amended by striking ``Carl D. Perkins 
Vocational and Technical Education Act of 1998'' and inserting 
``The Carl D. Perkins Career and Technical Education Act of 
2006''.
    (b) Trade Act of 1974.--The Trade Act of 1974 (19 U.S.C. 
2101 et seq.) is amended--
            (1) in section 231(c)(1)(F) (19 U.S.C. 
        2291(c)(1)(F))--
                    (A) by striking ``area vocational education 
                schools'' and inserting ``area career and 
                technical education schools''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Technical Education Act of 
                1998'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006''; and
            (2) in section 236(a)(1)(D) (19 U.S.C. 
        2296(a)(1)(D)), by striking ``area vocational'' and all 
        that follows through ``Act of 1963'' and inserting 
        ``area career and technical education schools, as 
        defined in section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006''.
    (c) Higher Education Act of 1965.--The Higher Education Act 
of 1965 (20 U.S.C. 1001 et seq.) is amended--
            (1) in section 102(a)(3)(A) (20 U.S.C. 
        1002(a)(3)(A))--
                    (A) by striking ``section 521(4)(C)'' and 
                inserting ``section 3(3)(C)''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education 
                Act'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006''; and
            (2) in section 484(l)(1)(B)(i) (20 U.S.C. 
        1091(l)(1)(B)(i)), by striking ``section 521(4)(C) of 
        the Carl D. Perkins Vocational and Technical Education 
        Act of 1998'' and inserting ``section 3(C) of the Carl 
        D. Perkins Career and Technical Education Act of 
        2006''.
    (d) Education for Economic Security Act.--Section 3(1) of 
the Education for Economic Security Act (20 U.S.C. 3902(1)) is 
amended--
            (1) by striking ``area vocational education 
        school'' and inserting ``area career and technical 
        education school''; and
            (2) by striking ``section 521(3) of the Carl D. 
        Perkins Vocational Educational Act..'' and inserting 
        ``section 3(3) of the Carl D. Perkins Career and 
        Technical Education Act of 2006.''.
    (e) Education Flexibility Partnership Act of 1999.--Section 
4(b)(2) of the Education Flexibility Partnership Act of 1999 
(20 U.S.C. 5891b(b)(2)) is amended by striking ``Carl D. 
Perkins Vocational and Technical Education Act of 1998'' and 
inserting ``Carl D. Perkins Career and Technical Education Act 
of 2006''.
    (f) Elementary and Secondary Education Act of 1965.--The 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), 
        by striking ``Carl D. Perkins Vocational and Technical 
        Education Act of 1998'' and inserting ``Carl D. Perkins 
        Career and Technical Education Act of 2006'';
            (2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), 
        by striking ``Carl D. Perkins Vocational and Technical 
        Education Act of 1998'' and inserting ``Carl D. Perkins 
        Career and Technical Education Act of 2006'';
            (3) in section 1114(b)(2)(B)(v) (20 U.S.C. 
        6314(b)(2)(B)(v)), by striking ``Carl D. Perkins 
        Vocational and Technical Education Act of 1998'' and 
        inserting ``the Carl D. Perkins Career and Technical 
        Education Act of 2006''; and
            (4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), 
        by striking ``Carl D. Perkins Vocational and Technical 
        Education Act of 1998'' and inserting ``Carl D. Perkins 
        Career and Technical Education Act of 2006''.
    (g) Wagner-Peyser Act.--Section 15(f) of the Wagner-Peyser 
Act (29 U.S.C. 49l-2(f)) is amended by striking ``Carl D. 
Perkins Vocational and Applied Technology Education Act'' and 
inserting ``Carl D. Perkins Career and Technical Education Act 
of 2006''.
    (h) Public Law 105-220.--Public Law 105-220 is amended--
            (1) in section 101(3) (29 U.S.C. 2801(3))--
                    (A) by striking ``given the term'' and 
                inserting ``given the term `area career and 
                technical education school' ''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Technical Education Act of 
                1998'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006'';
            (2) in section 101(50) (29 U.S.C. 2801(50)), by 
        striking ``given'' and all that follows through the 
        period at the end and inserting ``given the term 
        `career and technical education' in section 3 of the 
        Carl D. Perkins Career and Technical Education Act of 
        2006.'';
            (3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by 
        striking ``section 113(b)(14) of the Carl D. Perkins 
        Vocational and Applied Technology Education Act'' and 
        inserting ``section 113(b)(3) of the Carl D. Perkins 
        Career and Technical Education Act of 2006'';
            (4) in section 112(b)(8)(A)(iii) (29 U.S.C. 
        2822(b)(8)(A)(iii))--
                    (A) by striking ``postsecondary vocational 
                education activities'' and inserting ``career 
                and technical education activities at the 
                postsecondary level''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education 
                Act'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006'';
            (5) in section 121(b)(1)(B)(vii) (29 U.S.C. 
        2841(b)(1)(B)(vii))--
                    (A) by striking ``postsecondary vocational 
                education activities'' and inserting ``career 
                and technical education activities at the 
                postsecondary level''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education 
                Act'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006'';
            (6) in section 134(d)(2)(F) (29 U.S.C. 
        2864(d)(2)(F)), by striking ``postsecondary 
        vocational'' and all that follows through ``Education 
        Act'' and inserting ``career and technical education 
        activities at the postsecondary level, and career and 
        technical education activities available to school 
        dropouts, under the Carl D. Perkins Career and 
        Technical Education Act of 2006'';
            (7) in section 501(b)(2)(A) (20 U.S.C. 
        9271(b)(2)(A))--
                    (A) by striking ``secondary vocational 
                education programs'' and inserting ``career and 
                technical education programs at the secondary 
                level''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education 
                Act'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006'';
            (8) in section 501(b)(2)(B) (20 U.S.C. 
        9271(b)(2)(B))--
                    (A) by striking ``postsecondary vocational 
                education programs'' and inserting ``career and 
                technical education programs at the 
                postsecondary level''; and
                    (B) by striking ``Carl D. Perkins 
                Vocational and Applied Technology Education 
                Act'' and inserting ``Carl D. Perkins Career 
                and Technical Education Act of 2006''; and
            (9) in section 501(d)(2)(B) (20 U.S.C. 
        9271(d)(2)(B)), by striking ``Carl D. Perkins 
        Vocational and Applied Technology Education Act'' and 
        inserting ``Carl D. Perkins Career and Technical 
        Education Act of 2006''.
    (i) Title 31.--Section 6703(a)(12) of title 31, United 
States Code, is amended by striking ``Carl D. Perkins 
Vocational and Applied Technology Education Act'' and inserting 
``Carl D. Perkins Career and Technical Education Act of 2006''.
    (j) Title 40.--Section 14507(a)(1)(A)(iv) of title 40, 
United States Code, is amended by striking ``Carl D. Perkins 
Vocational and Technical Education Act of 1998'' and inserting 
``Carl D. Perkins Career and Technical Education Act of 2006''.
    (k) Older Americans Act of 1965.--The Older Americans Act 
of 1965 (42 U.S.C. 3001 et seq.) is amended--
            (1) in section 502(b)(1)(N)(i) (42 U.S.C. 
        3056(b)(1)(N)(i)), by striking ``Carl D. Perkins 
        Vocational and Technical Education Act of 1998'' and 
        inserting ``Carl D. Perkins Career and Technical 
        Education Act of 2006'';
            (2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), 
        by striking ``Carl D. Perkins Vocational and Technical 
        Education Act of 1998'' each place that term appears 
        and inserting ``Carl D. Perkins Career and Technical 
        Education Act of 2006''; and
            (3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), 
        by striking ``Vocational and Technical Education Act of 
        1998'' and inserting ``Career and Technical Education 
        Act of 2006''.
    (l) Compact of Free Association Amendments Act of 2003.--
Section 105(f)(1)(B)(iii) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is 
amended by striking ``Carl D. Perkins Vocational and Technical 
Education Act of 1998'' and inserting ``Carl D. Perkins Career 
and Technical Education Act of 2006''.
    And the House agree to the same.
    That the House recede from its amendment to the title of 
the bill and agree to the same.

                                   Howard P. ``Buck'' McKeon,
                                   Mike Castle,
                                   Mark Souder,
                                   Tom Osborne,
                                   Marilyn Musgrave,
                                   George Miller,
                                   Lynn Woolsey,
                                   Ron Kind,
                                 Managers on the Part of the House.

                                   Michael B. Enzi,
                                   Judd Gregg,
                                   William H. Frist,
                                   Lamar Alexander,
                                   Richard M. Burr,
                                   Johnny Isakson,
                                   Mike DeWine,
                                   John Ensign,
                                   Orrin Hatch,
                                   Jeff Sessions,
                                   Pat Roberts,
                                   Ted Kennedy,
                                   Tom Harkin,
                                   Barbara A. Mikulski,
                                   Patty Murray,
                                   Jack Reed,
                                   Hillary Rodham Clinton,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendments of the House to the bill (S. 250) to amend the 
Carl D. Perkins Vocational and Technical Education Act of 1998 
to improve the Act, submit the following joint statement to the 
House and the Senate in explanation of the effect of the action 
agreed upon by the managers and recommended in the accompanying 
conference report:

                            RECOMMENDATIONS

Sec. 1. Short Title
      (1) The House and Senate bills have different titles.
House recedes with amendment to read as follows:
Accepted:
      Carl D. Perkins Career and Technical Education 
Improvement Act of 2006
      (2) The House and Senate bill both amend the table of 
contents to reflect the amendments made to current law.
Legislative Counsel: similar or identical provision
Sec. 2. Purposes
      (3) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (4) The Senate bill expands the first purpose to include 
``technical standards'' and to include assisting students in 
meeting both technical and academic standards in preparation 
for high skill, high wage, or high demand occupations in 
emerging or established professions.
House recedes with amendment to read as follows:
            (1) building on the efforts of States and 
        localities to develop challenging academic and 
        technical standards and to assist students in meeting 
        such standards including preparation for high skill, 
        high wage, or high demand occupations in current or 
        emerging professions;
      (5) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (6) The House bill includes the term ``rigorous.''
Senate recedes
      (7) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (8) The Senate bill includes ``conducting'' research and 
disseminating information on best practices as purposes.
House recedes with amendment to read as follows:
            (4) conducting and disseminating national research 
        and disseminating information on best practices that 
        improve career and technical education programs, 
        services, and activities;
      (9) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (10) The House bill does not include this purpose:
            (5) promoting leadership, initial preparation, and 
        professional development at the State and local levels, 
        and developing research and best practices for 
        improving the quality of career and technical education 
        teachers, faculty, principals, administrators, and 
        counselors;
House recedes with amendment to read as follows:
            (5) providing technical assistance that promotes 
        leadership, initial preparation, and professional 
        development at the State and local levels that improves 
        the quality of career and technical education teachers, 
        faculty, administrators, and counselors;
      (11) The House bill does not include this purpose:
House recedes with amendment to read as follows:
            (6) supporting partnerships among secondary 
        schools, postsecondary institutions, bachelor degree 
        granting institutions, area career technical centers, 
        local workforce investment boards, business and 
        industry, and intermediaries; and
      (12) The House bill does not include this purpose:
            (7) Providing individuals with opportunities 
        throughout their lifetime to develop, in conjunction 
        with other Federal education and training programs, the 
        knowledge and skills needed to keep America 
        competitive.
House recedes with amendment to read as follows:
            (7) providing individuals with opportunities 
        throughout their lifetimes to develop, in conjunction 
        with other education and training programs, the 
        knowledge and skills needed to keep America 
        competitive.
Sec. 3. Definitions
      (13) Provisions are identical
Legislative Counsel: similar or identical provision
      (14) The Senate bill includes information collected by 
entities described in Section 118 in the definition.
House recedes with amendment to read as follows:
            (2) All aspects of an industry.--The term `all 
        aspects of an industry' means strong experience in, and 
        comprehensive understanding of, the industry that the 
        individual is preparing to enter, including information 
        as described in section 118.
      (15) The Senate bill changes the term ``vocational'' to 
``career''.
House recedes
      (16) Similar provisions. The House bill includes 
facilitation by lead administrators.
House recedes with amendment to read as follows:
            (4) Articulation agreement--
      The term `articulation agreement' means a written 
commitment--
                    (A) that is approved annually by the lead 
                administrators of--
                            (i) a secondary institution and a 
                        postsecondary educational institution; 
                        or
                            (ii) a sub-baccalaureate degree 
                        granting postsecondary educational 
                        institution and a baccalaureate degree 
                        granting postsecondary educational 
                        institution; and
                    (B) that is designed to provide students 
                with a nonduplicative sequence of progressive 
                achievement leading to technical skill 
                proficiency, a credential, a certificate, or a 
                degree, and linked through credit transfer 
                agreements.
      (17) The House bill includes the term ``rigorous.'' The 
Senate bill permits work-based learning experiences.
Senate recedes with amendment to read as follows:
            (5) Career and technical education.--The term 
        `career and technical education' means organized 
        educational activities that--
                    (A) offer a sequence of courses that--
                            (i) provides individuals with 
                        coherent and rigorous content aligned 
                        with challenging academic standards and 
                        relevant technical knowledge and skills 
                        needed to prepare for further education 
                        and careers in current or emerging 
                        professions;
      Report Language: In referring to a sequence of courses 
throughout the bill, the Conferees intend that a sequence of 
courses may include `work-based learning experiences' such as 
long term internships or apprenticeships.
      (18) The House bill excludes professions that require a 
post baccalaureate degree.
Senate recedes with amendment to read as follows:
                            (ii) may include pre-requisite 
                        courses that meet the requirements of 
                        this subparagraph; and
                            (iii) shall provide technical skill 
                        proficiency, an industry-recognized 
                        credential, certificate, or associate 
                        degree; and
      Report Language: By including prerequisite (other than 
remedial) courses in the definition of career and technical 
education, the conferees do not intend for eligible agencies or 
eligible recipients to use funds under this Act for activities 
that are not directly connected to a career and technical 
education program or sequence of courses.
      (19) The House bill requires programs to provide for a 1-
year certificate, associate degree, or industry-recognized 
credential. The Senate bill allows programs that may lead to 
technical skill proficiency, a credential, a certificate, or a 
degree.
Senate recedes with amendment to read as follows:
                            (ii) may include pre-requisite 
                        courses that meet the requirements of 
                        this subparagraph;
                            (iii) shall provide technical skill 
                        proficiency, an industry-recognized 
                        credential, certificate, or associate 
                        degree; and
      (20) The Senate bill includes all aspects of an industry, 
including entrepreneurship.
House recedes
      (21) The House bill does not define career and technical 
education student.
Senate recedes
      (22) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (23) The Senate bill includes information about 
baccalaureate degree programs. The House bill includes 
providing access to information for parents, as appropriate.
House recedes with amendment to read as follows:
            (8) Career guidance and academic counseling.--The 
        term `career guidance and academic counseling' means 
        guidance and counseling that--
                    (A) provides access to students (and 
                parents, as appropriate) to information 
                regarding career awareness and planning with 
                respect to an individual's occupational and 
                academic future; and
                    (B) provides information with respect to 
                career options, financial aid, and 
                postsecondary options, including baccalaureate 
                degree programs.
      Report Language: Career guidance and academic counseling 
informs students and their parents about available education 
and training options and is an important component of programs 
supported under this Act. Career guidance and academic 
counseling should be provided to students as one part of a 
comprehensive guidance program, and should be available to 
individuals participating in, or considering participating in, 
career and technical education, provided by qualified school 
counselors, when available and the best option.
      (24) The House bill does not define the term ``career 
pathways.'' See note 215 for House bill equivalent.
Senate recedes
      (25) Identical provisions.
Legislative Counsel: similar or identical provision
      (26) The House bill does not define the term ``community 
college.''
Senate recedes
      (27) The House bill includes the phrase ``rigorous and 
challenging.''
Senate recedes with amendment to read as follows:
            (12) Cooperative education.--The term `cooperative 
        education' means a method 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 career and technical education instruction, by 
        alternation of study in school with a job in any 
        occupational field, which alternation:
                    (A) shall be planned and supervised by the 
                school and employer so that each contributes to 
                the education and employability of the 
                individual; and
                    (B) 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.
      (28) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (29) The House bill does not define the term ``core 
academic subjects'' in the definition section. See note 240 for 
House bill equivalent.
Senate recedes
      (30) Identical provisions.
Legislative Counsel: similar or identical provision
      (31) Identical provisions.
Legislative Counsel: similar or identical provision
      (32) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (33) The Senate bill requires eligible institutions to 
offer programs leading to a technical skill proficiency, an 
industry-recognized credential, a certificate, or a degree.
House recedes with amendment to read as follows:
                    (A) a public or nonprofit private 
                institution of higher education that offers 
                career and technical education courses that 
                lead to technical skill proficiency, an 
                industry-recognized credential, a certificate, 
                or a degree;
      (34) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (35) The Senate includes charter school designations.
House recedes with an amendment to read as follows:
                    (A) a local educational agency (including a 
                public charter school that operates as a local 
                educational agency), and an area career and 
                technical education school, an educational 
                service agency, or a consortium, eligible to 
                receive assistance under section 131; or
      (36) Identical provisions.
House and Senate recede with amendment to strike ``or an outlying 
        area.''
      (37) The House bill does not define the term ``graduation 
and career plan.''
Senate recedes
      (38) Identical provisions.
Legislative Counsel: similar or identical provision
      (39) Identical provisions
Legislative Counsel: similar or identical provision
      (40) Identical provisions
Legislative Counsel: similar or identical provision
      (41) Identical provisions.
Legislative Counsel: similar or identical provision
      (42) The House bill does not define the term ``local 
workforce investment boards.''
Senate recedes
      (43) Similar provisions. The House bill includes the 
terms ``current and.''
Senate recedes with amendment to read as follows:
            (26) Non-traditional fields.--The term `non-
        traditional 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.
      (44) The House bill includes the Republic of Palau.
Senate recedes
      (45) Identical provisions.
Legislative Counsel: similar or identical provision
      (46) Identical provisions.
Legislative Counsel: similar or identical provision
      (47) The Senate bill does not define the term 
``scientifically based research.''
Senate recedes with amendment to read as follows:
            (22) Scientifically based research.--The term 
        `scientifically based research' means research that is 
        carried out using the standards defined as 
        ``scientifically based research standards'' in the 
        Education Science Reform Act of 2002 (P.L. 107-279).
      Report Language: The Conferees expect the Department to 
support research that is scientifically based, in order to 
obtain valid and reliable knowledge regarding career and 
technical education programs. In addition, the Conferees 
acknowledge that scientifically based research provides for an 
array of research designs and methods appropriate and feasible 
to the research question posed.
      (48) Identical provisions.
Legislative Counsel: similar or identical provision
      (49) Identical provisions.
Legislative Counsel: similar or identical provision
      (50) The House bill does not define the term ``self-
sufficiency.''
Senate recedes
      (51) The House bill includes ``individuals with other 
barriers to educational achievement, as defined by the State.''
House recedes
      (52) Identical provisions.
Legislative Counsel: similar or identical provision
      (53) The Senate bill includes ``instructional aids, and 
work supports.''
Senate recedes
      (54) The Senate bill does not define the term 
``supportive services.''
House recedes
      (55) The House bill does not define the term ``tech prep 
program.''
House recedes with amendment to read as follows:
            (33) Tech prep program.--The term `tech prep 
        program' means a tech prep program described in section 
        203(c).
      (56) Similar provisions.
Legislative Counsel: similar or identical provision
      (57) Similar provisions. The Senate bill changes the term 
``vocational'' to ``career.''
House recedes

Sec. 4. Transition provisions
      (58) Similar provisions.
House and Senate recede with amendment to read as follows:

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 as amended by the Carl 
D. Perkins Career and Technical Education Improvement Act of 
2006 from any authority under provisions of this Act, as this 
Act was in effect on the day before the date of enactment of 
the Carl D. Perkins Career and Technical Education Improvement 
Act of 2006. The Secretary shall give each eligible agency the 
opportunity to submit a transition plan for the first fiscal 
year following enactment of the Carl D. Perkins Career and 
Technical Education Improvement Act of 2006.
Sec. 5. Privacy
      (59) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 6. Limitation
      (60) The Senate bill strikes a reference to the 
previously repealed School-to-Work Opportunities Act of 1994.
House recedes

Sec. 7. Special rule
      (61) Identical provisions.
Legislative Counsel: similar or identical provision

Sec. 9. Authorization of appropriations
      (62) The House bill specifies an authorization level for 
FY06, the Senate bill uses ``such sums.'' Similar provisions.
House recedes with amendment to read as follows:
      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 2007 
through 2012.
Sec. 8. Prohibitions
      (63) The Senate bill does not include a similar 
provision.
Senate recedes with amendment to insert ``, 311(b) and 323'' after 
        ``and in (a) and to read as follows for (e):
      (e) Coherent and Rigorous Content.--For the purposes of 
this Act coherent and rigorous content shall be determined by 
the State consistent with section 1111(b)(1)(D) of the 
Elementary and Secondary Education Act of 1965.

    TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

                    PART A--ALLOTMENT AND ALLOCATION

Sec. 111. Reservation and state allotments
      (64) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (65) The House bill reduces the set-aside for Section 115 
activities (assistance for ``outlying areas'' from .2 percent 
to .12 percent.)
House and Senate recede with amendment to read as follows:
            (1) Reservations.--From the sum appropriated under 
        section 8 for each fiscal year, the Secretary shall 
        reserve--
                    (A) 0.13 percent to carry out section 115;
      (66) The House bill separates the Perkins incentive grant 
funds from the incentive grant funds authorized under Title I 
and Title II of WIA. The Senate bill retains the current 
structure of the incentive grant program, which authorizes the 
grants through WIA.
House and Senate recede with amendment to delete incentive grant set 
        aside.
      (67) Identical provisions.
Legislative Counsel: similar or identical provision
      (68) The Senate bill eliminates the cap on small state 
minimums based on per student averages.
House and Senate recede with amendment to read as follows note 70.
      (69) The House bill includes new ``hold harmless'' 
provisions based on Tech prep funding that are consolidated 
into the Basic State Grants account.
House and Senate recede with amendment to read as follows note 70.
      (70) The House bill amends the hold harmless provision to 
the combined Basic State grant and Tech prep FY05 funding 
levels. The Senate bill bases the hold harmless provision for 
fiscal years 2006 through 2008 on the Basic State grantFY05 
funding level, at which point the hold harmless provision is reduced to 
95 percent of the previous fiscal year's Basic State grant 
appropriation.
House and Senate recede with amendment to read as follows for notes 68-
        70:

SEC. 111. RESERVATIONS AND STATE ALLOTMENT.--

      (a) Reservations and State Allotment.--
            (1) Reservations.--From the sum appropriated under 
        section 9 for each fiscal year, the Secretary shall 
        reserve--
                    (A) 0.13 percent to carry out section 115; 
                and
                    (B) 1.50 percent to carry out section 116, 
                of which--
                            (i) 1.25 percent of the sum shall 
                        be available to carry out section 
                        116(b); and
                            (ii) 0.25 percent of the sum shall 
                        be available to carry out section 
                        116(h).
            (2) State allotment formula.--Subject to paragraphs 
        (3), (4), and (5), from the remainder of the sum 
        appropriated under section 9 and not reserved under 
        paragraph (1) for a fiscal year, the Secretary shall 
        allot to a State for the fiscal year--
                    (A) an amount that bears the same ratio to 
                50 percent of the sum being allotted as the 
                product of the population aged 15 to 19 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States;
                    (B) an amount that bears the same ratio to 
                20 percent of the sum being allotted as the 
                product of the population aged 20 to 24, 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States;
                    (C) an amount that bears the same ratio to 
                15 percent of the sum being allotted as the 
                product of the population aged 25 to 65, 
                inclusive, in the State in the fiscal year 
                preceding the fiscal year for which the 
                determination is made and the State's allotment 
                ratio bears to the sum of the corresponding 
                products for all the States; and
                    (D) an amount that bears the same ratio to 
                15 percent of the sum being allotted as the 
                amounts allotted to the State under 
                subparagraphs (A), (B), and (C) for such years 
                bears to the sum of the amounts allotted to all 
                the States under subparagraphs (A), (B), and 
                (C) for such year.
            (3) Minimum allotment for years with no additional 
        funds.--
                    (A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraphs 
                (B) and (C), and paragraph (5), for a fiscal 
                year for which there are no additional funds 
                (as such term is defined in paragraph (4)(D)), 
                no State shall receive for such fiscal year 
                under this subsection less than \1/2\ of 1 
                percent of the amount appropriated under 
                section 9 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.
                    (C) Special rule.--
                            (i) In general.--Subject to 
                        paragraph (5), 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; 
                                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.
            (4) Minimum allotment for years with additional 
        funds.--
                    (A) In general.--Subject to subparagraph 
                (B) and paragraph (5), for a fiscal year for 
                which there are additional funds, no State 
                shall receive for such fiscal year under this 
                subsection less than \1/2\ of 1 percent of the 
                amount appropriated under section 9 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) Special rule.--In the case of a 
                qualifying State, the minimum allotment under 
                subparagraph (A) for a fiscal year for the 
                qualifying State shall be the lesser of--
                            (i) \1/2\ of 1 percent of the 
                        amount appropriated under section 9 and 
                        not reserved under paragraph (1) for 
                        such fiscal year; and
                            (ii) the sum of--
                                    (I) the amount the 
                                qualifying State received under 
                                this subsection for fiscal year 
                                2006 (as such subsection was in 
                                effect on the day before the 
                                date of enactment of the Carl 
                                D. Perkins Career and Technical 
                                Education Improvement Act of 
                                2006); and
                                    (II) the product of--
                                            (aa) \1/3\ of the 
                                        additional funds; 
                                        multiplied by
                                            (bb) the qualifying 
                                        State's ratio described 
                                        in subparagraph (C) for 
                                        the fiscal year for 
                                        which the determination 
                                        is made.
                    (C) Ratio.--For purposes of subparagraph 
                (B)(ii)(II)(bb), the ratio for a qualifying 
                State for a fiscal year shall be 1.00 less the 
                quotient of--
                            (i) the amount the qualifying State 
                        received under this subsection for 
                        fiscal year 2006 (as such subsection 
                        was in effect on the day before the 
                        date of enactment of the Carl D. 
                        Perkins Career and Technical Education 
                        Improvement Act of 2006); divided by
                            (ii) \1/2\ of 1 percent of the 
                        amount appropriated under section 9 and 
                        not reserved under paragraph (1) for 
                        the fiscal year for which the 
                        determination is made.
                    (D) Definitions.--In this paragraph:
                            (i) Additional funds.--The term 
                        ``additional funds'' means the amount 
                        by which--
                                    (I) the sum appropriated 
                                under section 9 and not 
                                reserved under paragraph (1) 
                                for a fiscal year; exceeds
                                    (II) the sum appropriated 
                                under section 8 and not 
                                reserved under [subparagraph 
                                (A) or (B) of paragraph (1)] 
                                for fiscal year 2006 (as such 
                                section 8 and [such 
                                subparagraphs (A) and (B)] were 
                                in effect on the day before the 
                                date of enactment of the Carl 
                                D. Perkins Career and Technical 
                                Education Improvement Act of 
                                2006).
                            (ii) Qualifying state.--The term 
                        ``qualifying State'' means a State 
                        (except the United States Virgin 
                        Islands) that, for the fiscal year for 
                        which a determination under this 
                        paragraph is made, would receive, under 
                        the allotment formula under paragraph 
                        (2) (without the application of this 
                        paragraph and paragraphs (3) and (5)), 
                        an amount that would be less than the 
                        amount the State would receive under 
                        subparagraph (A) for such fiscal year.
            (5) Hold harmless.--
                    (A) In general.--No State shall receive an 
                allotment under this section for a fiscal year 
                that is less than the allotment the State 
                received under part A of title I of the Carl D. 
                Perkins Vocational and Applied Technology 
                Education Act (20 U.S.C. 2311 et seq.) (as such 
                part was in effect on the day before the date 
                of enactment of the Carl D. Perkins Vocational 
                and Applied Technology Education Amendments of 
                1998) for fiscal year 1998.
                    (B) Ratable reduction.--If for any fiscal 
                year the amount appropriated for allotments 
                under this section is insufficient to satisfy 
                the provisions of subparagraph (A), the 
                payments to all States under such subparagraph 
                shall be ratably reduced.
      (b) Reallotment.--If the Secretary determines that any 
amount of any State's allotment under subsection (a) for any 
fiscal year will not be required for such fiscal year for 
carrying out the activities for which such amount has been 
allotted, the Secretary shall make such amount available for 
reallotment. Any such reallotment among other States shall 
occur on such dates during the same year as the Secretary shall 
fix, and shall be made on the basis of criteria established by 
regulation. No funds may be reallotted for any use other than 
the use for which the funds were appropriated. Any amount 
reallotted to a State under this subsection for any fiscal year 
shall remain available for obligation during the succeeding 
fiscal year and shall be deemed to be part of the State's 
allotment for the year in which the amount is obligated.
      (c) Allotment Ratio.--
            (1) In general.--The allotment ratio for any State 
        shall be 1.00 less the product of--
                    (A) 0.50; and
                    (B) the quotient obtained by dividing the 
                per capita income for the State by the per 
                capita income for all the States (exclusive of 
                the Commonwealth of Puerto Rico and the United 
                States Virgin Islands), except that--
                            (i) the allotment ratio in no case 
                        shall be more than 0.60 or less than 
                        0.40; and
                            (ii) the allotment ratio for the 
                        Commonwealth of Puerto Rico and the 
                        United States Virgin Islands shall be 
                        0.60.
            (2) Promulgation.--The allotment ratios shall be 
        promulgated by the Secretary for each fiscal year 
        between October 1 and December 31 of the fiscal year 
        preceding the fiscal year for which the determination 
        is made. Allotment ratios shall be computed on the 
        basis of the average of the appropriate per capita 
        incomes for the 3 most recent consecutive fiscal years 
        for which satisfactory data are available.
            (3) Definition of per capita income.--For the 
        purpose of this section, the term ``per capita income'' 
        means, with respect to a fiscal year, the total 
        personal income in the calendar year ending in such 
        year, divided by the population of the area concerned 
        in such year.
            (4) Population determination.--For the purposes of 
        this section, population shall be determined by the 
        Secretary on the basis of the latest estimates 
        available to the Department of Education.
      (d) Definition of State.--For the purpose of this 
section, the term ``State'' means each of the several States of 
the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, and the United States Virgin Islands.
      (71) Identical provisions.
Legislative Counsel: similar or identical provision
      (72) Identical provisions.
Legislative Counsel: similar or identical provision
      (73) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 112. Within State Allocation
      (74) The House bill provides for 88 percent of State 
funds to be distributed to local grantees. The Senate bill 
provides for 85 percent of State funds to be allocated to local 
grantees.
House recedes with amendment to read as follows:
      (a) In General.--From the amount allotted to each State 
under section 111 for a fiscal year, 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);
      (75) The Senate bill combines State Leadership and State 
Administration funding accounts.
House and Senate recede with amendment to read as follows note 77.
      (76a) The Senate bill, but not the House bill, removes 
the cap on the use of funds for individuals in State 
institutions and for services for preparing individuals for 
non-traditional fields.
Senate recedes
      (76b) The Senate bill, but not the House bill, includes 
language on supporting and developing State data systems.
House recedes
      (77) The House bill reduces the set aside for State 
Administration to 2 percent. The Senate bill has no similar 
provision (see above).
House and Senate recede with amendment to read as follows for notes 75-
        77:

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 one 
                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 non-traditional fields.
            (3) An amount equal to not more than five 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;
                    (E) providing technical assistance; and
                    (F) supporting and developing State data 
                systems relevant to the provisions of this Act.
      (78) The House bill provides for States to use more funds 
from the local program account for State Leadership activities 
for any year in which the allocation of 10 percent for State 
Leadership activities is less than the FY05 level for State 
Leadership activities. States using funds for this purpose 
cannot exceed the percentage of funds set aside for State 
Leadership in FY05. The Senate bill contains no similar 
provision.
House recedes
      (79) Similar provisions.
Senate recedes
      (80) The Senate bill provides for eligible agencies to 
use reserved funds for innovative statewide initiatives that 
demonstrate benefits for eligible recipients and the 
development and implementation of career pathways or career 
clusters. The House bill preserves the requirement that grants 
made under this subsection must serve at least two categories 
described in paragraph (1). The Senate bill does not include 
this provision.
Senate recedes with amendment to read as follows:
      (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 career and technical education activities described 
        in section 135 in--
            (A) rural areas;
            (B) areas with high percentages of career and 
        technical education students; and
            (C) areas with high numbers of career and technical 
        students.
Sec. 113. Accountability
      (81) Similar provisions. The Senate bill changes the term 
``vocational'' to ``career.''
Legislative Counsel: similar or identical provision
House recedes on ``career.''
      (82) Similar provisions.
House and Senate recede with amendment to read as follows:
      (b) State Performance Measures.--
            (1) In general.--Each eligible agency, with input 
        from eligible recipients, shall establish performance 
        measures for a State that consist of--
                    (A) the core indicators of performance 
                described in subparagraphs (A) and (B) of 
                paragraph (2);
                    (B) any additional indicators of 
                performance (if any) identified by the eligible 
                agency under paragraph (2)(C); and
                    (C) a State adjusted level of performance 
                described in paragraph (3)(A) for each core 
                indicator of performance, and State levels of 
                performance described in paragraph (3)(B) for 
                each additional indicator of performance.
      (83) The House bill requires eligible agencies to report 
on core indicators of performance that are ``valid and 
reliable,'' to the extent practicable.
Senate recedes with amendment to read as follows:
      (A) Core indicators of performance for secondary career 
and technical education students.--Each eligible agency shall 
identify in the State plan core indicators of performance for 
secondary education career and technical education students 
that are valid and reliable and that include, at a minimum, 
measures of each of the following:
      Report Language: The Conferees are concerned that many 
States currently use measures of the core indicators of 
performance that cannot generate valid and reliable data that 
reflect real improvement of their CTE programs. The Conferees 
intend, by imposing the explicit requirement that the States 
must use ``valid and reliable'' measures of the core indicators 
of performance, for the States to establish measures that 
reflect high standards and that will show the extent of real 
improvement in their CTE programs. The Conferees expect the 
Department to provide expertise and technical assistance to the 
States to ensure the validity and reliability of the measures 
prior to reaching agreement with States on levels for 
particular measures.
      (84) The Senate bill requires eligible agencies to report 
on student achievement on technical skill assessments. The 
House bill requires student attainment of vocational and 
technical skill proficiencies. The Senate bill requires the use 
of assessments described under ESEA.
House and Senate recede with amendment to read as follows:
                          (i) Student attainment of challenging 
                        academic content standards and student 
                        academic achievement standards, as 
                        adopted by a State in accordance with 
                        section 1111(b)(1) of the Elementary 
                        and Secondary Education Act of 1965 and 
                        measured by the State determined 
                        proficient level on the academic 
                        assessments described in section 1111 
                        (b)(3) of such Act.
      Report Language: The Conferees intend that the amendments 
to the core indicators requirements will ensure that the States 
use measures that are valid and reliable and apply these 
measures to all categories of students served by CTE programs. 
The Conferees further intend that a State use the same measures 
to report the academic achievement and the rate of high school 
graduation of its secondary CTE students, as the State uses 
under Title I of the Elementary and Secondary Education Act of 
1965 (ESEA)--rather than indirect measures or approximations of 
these measures. Thus, for example, a State must report the 
number or percentage of CTE students scoring at the proficient 
level or above on its academic assessments used under the ESEA 
to ensure that its CTE students are held to the same academic 
achievement standards as are all students.
      (85) Similar provisions. The Senate bill requires 
eligible agencies to report on ``rates of attainment'' for a 
technical skill proficiency, industry-recognized credential, 
certificate, and degree. The House bill requires graduation 
rates to be determined based on requirements in ESEA.

House and Senate recede with amendment to read as follows:

                            (ii) Student attainment of career 
                        and technical skill proficiencies, 
                        including student achievement on 
                        technical assessments, that are aligned 
                        with industry-recognized standards, if 
                        available and appropriate.
                            (iii) Student rates of attainment 
                        of--
                                    (I) a secondary school 
                                diploma;
                                    (II) a General Education 
                                Development (GED) credential, 
                                or other State-recognized 
                                equivalent (including 
                                recognized alternative 
                                standards for individuals with 
                                disabilities); and
                                    (III) a proficiency 
                                credential, certificate, or 
                                degree, in conjunction with a 
                                secondary school diploma if 
                                such credential, certificate, 
                                or degree is offered by the 
                                State in conjunction with a 
                                secondary school diploma.
                                  (iv) Student graduation rates 
                                (as described in section 1111 
                                (b)(2)(C)(vi) of the Elementary 
                                and Secondary Education Act of 
                                1965).
                                  (v) Student placement in 
                                postsecondary education or 
                                advanced training, in military 
                                service, or in employment.
                                  (vi) Student participation in 
                                and completion of career and 
                                technical education programs 
                                that lead to non-traditional 
                                fields.
      (86) The House bill requires eligible agencies to report 
on core indicators of performance that are ``valid and 
reliable,'' to the extent practicable.
House and Senate recede with amendment to read as follows:
      Each eligible agency shall identify in the State plan 
core indicators of performance for postsecondary career and 
technical education students that are valid and reliable, and 
that include, at a minimum, measures of each of the following:
      (87) The Senate bill requires eligible agencies to report 
on student attainment on technical skill assessments.
House and Senate recede with amendment to read as follows:
                            (i) Student attainment of 
                        challenging career and technical skill 
                        proficiencies, including student 
                        achievement on technical assessments, 
                        that are aligned with industry-
                        recognized standards, if available and 
                        appropriate.
      (88) The Senate bill requires eligible agencies to report 
on student attainment of an industry-recognized credential, a 
certificate, or a degree and includes placement in 
apprenticeship programs.
House recedes with amendment to read as follows:
                            (ii) Student attainment of an 
                        industry-recognized credential, a 
                        certificate, or a degree.
                            (iii) Student retention in 
                        postsecondary education or transfer to 
                        a baccalaureate degree program.
                            (iv) Student placement in military 
                        service or apprenticeship programs or 
                        placement or retention in employment, 
                        including placement in high skill, high 
                        wage, or high demand occupations or 
                        professions.
      (89) The Senate bill requires eligible agencies to report 
on student participation in, and completion of, career and 
technical education programs that lead to employment or self-
employment in high skill, high wage, high demand occupations or 
professions. The Senate bill requires eligible agencies to 
report on increase in earnings, where available.
House and Senate recede with amendment to read as follows:
      (v) Student participation in, and completion of, career 
and technical education programs that lead to employment in 
non-traditional fields.
      (90a) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (90b) The Senate bill includes the ``attainment of self-
sufficiency.''
House recedes
      Report Language: The Conferees intend that the term 
`self-sufficiency' means a standard of economic independence 
that considers a variety of demographic and geographic factors, 
as adopted, calculated, or commissioned by a local area or 
State.
      (91) Similar provisions. The Senate bill changes the term 
``vocational'' to ``career.''
House recedes on ``career;'' Senate recedes with amendment to read as 
        follows:
                    (D) Existing Indicators.--If a State has 
                developed, prior to the enactment of the Carl 
                D. Perkins Career and Technical Education 
                Improvement Act of 2006, State career and 
                technical education performance measures that 
                meet the requirements of this section (as 
                amended by such Act) the State may use such 
                performance measures to measure the progress of 
                career and technical education students.
      (92) Similar provisions.
Senate recedes
      (93) The House bill does not include a similar provision.
House recedes with amendment to read as follows:
                    (F) Alignment of performance indicators.--
                In the course of developing core indicators of 
                performance and additional indicators of 
                performance, States shall, to the greatest 
                extent possible, align the indicators so that 
                substantially similar information gathered for 
                other State and Federal programs, or for any 
                other purpose, is used to meet the requirements 
                of this section.
      (94) Similar provisions. The Senate bill requires the 
eligible agency to take into account local adjusted levels of 
performance.
Senate recedes
      (95) The House bill uses the term ``substantial.'' The 
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
      (II) require the State to continually make progress 
toward improving the performance of career and technical 
education students.
      (96) The Senate bill uses the term ``career.''
House recedes
      (97) Identical provisions.
House and Senate recede with amendment to insert ``subject to section 
        4,'' before ``each''.
      (98) Identical provisions.
Legislative Counsel: similar or identical provision
      (99) Identical provisions.
Legislative Counsel: similar or identical provision
      Report Language: The conferees expect that, prior to 
reaching agreement with a State on its adjusted levels of 
performance, the State will demonstrate that its measures for 
the core indicators of performance are valid and reliable and 
will agree on levels that require continuous improvement. The 
conferees further expect that the agreed-upon State adjusted 
performance levels will reflect high standards and real 
improvement, including an increase in the rate of the 
improvement, in the State's CTE programs.
      (100) Similar provisions.
House recedes
      (101) The House bill uses the term ``substantial,'' the 
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
                                    (II) the extent to which 
                                such levels of performance 
                                promote continuous improvement 
                                on the indicators of 
                                performance by such State.
      Report Language: The Conferees expect, in carrying out 
this section, that the U.S. Department of Education not impose 
a minimum or arbitrary across-the-board increase in any state 
performance targets as the means for ensuring continuous 
improvement. Instead, when the U.S. Department of Education is 
negotiating state adjusted levels of performance with eligible 
agencies, it should consider and benchmark an individual 
state's performance against that state's prior performance, as 
well as take into consideration state improvement plans and 
changes in baseline data, measurement methods and number of 
students. The Conferees expect that eligible agencies provide 
the same considerations to eligible recipients when negotiating 
local adjusted levels of performance.
      (102) Similar provisions. The House bill refers to the 
factors in clause (vi), the Senate bill refers to the factors 
in clause (vi)(II).
House and Senate recede with amendment to read as follows:
                            (vii) Revisions.--If unanticipated 
                        circumstances arise in a State 
                        resulting in a significant change in 
                        the factors described in clause (vi), 
                        the eligible agency may request that 
                        the State adjusted levels of 
                        performance agreed to under clause 
                        (iii) or (v) be revised. The Secretary 
                        shall issue objective criteria and 
                        methods for making such revisions.
                            (B) Levels of performance for 
                        additional indicators.--Each eligible 
                        agency shall identify in the State 
                        plan, State levels of performance for 
                        each of the additional indicators of 
                        performance described in paragraph 
                        2(C). Such levels shall be considered 
                        to be the State levels of performance 
                        for purposes of this title.
      (103) Similar provisions. The Senate bill allows eligible 
recipients to accept the State adjusted levels of performance, 
or negotiate with the State to reach agreement on local 
adjusted levels of performance. The Senate bill uses the term 
``career.''
House recedes with amendment to read as follows:
            (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 subparagraphs (A) and (B) 
                        of paragraph (2) for career and 
                        technical education activities 
                        authorized under this title. The levels 
                        of performance established under this 
                        subparagraph shall, at a minimum--
                            (I) be expressed in a percentage or 
                        numerical form, so as to be objective, 
                        quantifiable, and measurable; and
      (104) The House bill uses the term ``substantial.'' The 
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
                                (II) require the eligible 
                                recipient to continually make 
                                progress toward improving the 
                                performance of career and 
                                technical education students.
      (105) The House bill requires improvement in academic and 
vocational and technical achievement. The Senate bill requires 
improvement in career and technical achievement.
Senate recedes with amendment to strike ``vocational'' and insert 
        ``career.''
      (106) Identical provisions.
Legislative Counsel: similar or identical provision
      (107) Similar provisions.
Legislative Counsel: similar or identical provision
      (108) Similar provisions.
House recedes
      (109) Similar provisions.
Legislative Counsel: similar or identical provision
      (110) The House bill uses the term ``substantial.'' The 
Senate bill uses the term ``significant.''
Senate recedes with amendment to read as follows:
                                    (II) the extent to which 
                                the local adjusted levels of 
                                performance promote continuous 
                                improvement on the core 
                                indicators of performance by 
                                the eligible recipient.
      (111) Similar provisions. The House bill refers to the 
factors in clause (v), the Senate bill refers to the factor in 
clause (v)(II).
Senate recedes
      (112) Similar provisions.
Legislative Counsel: similar or identical provision
      (113) The House bill requires eligible recipients that 
receive an allotment under section 111 to report performance on 
the core indicators of performance, and to disaggregate data 
for each of the indicators according to categories described 
under ESEA for both secondary and postsecondary students. The 
House bill also requires eligible recipients to report on the 
performance of tech prep participants, if applicable. The 
Senate bill requires eligible recipients at the secondary level 
that receive an allocation under section 131 to prepare an 
annual report.
House and Senate recede with amendment to read as follows note 117.
      (114) The House bill prohibits reporting in instances 
where the numbers of students is too small to yield 
statistically reliable information or in which the results 
would reveal personally identifiable information about an 
individual student.
House and Senate recede with amendment to read as follows note 117.
      (115) The House bill requires eligible recipients to make 
data available publicly, through a variety of formats, 
including the Internet.
House and Senate recede with amendment to read as follows note 117.
      (116) The Senate bill requires data to be disaggregated, 
for postsecondary institutions, by special populations and 
gender, and for secondary institutions, by the categories 
described in ESEA section 1111. The House bill requires both 
secondary and postsecondary institutions to report data 
disaggregated by the categories described in ESEA Section 1111. 
Both bills prohibit reporting in instances where the numbers of 
students is too small to yield statistically reliable 
information or in which the results would reveal personally 
identifiable information about an individual student.
House and Senate recede with amendment to read as follows note 117.
      (117) The House bill, but not the Senate bill, requires 
eligible agencies to report gaps in performance between any 
such category and the aggregate score of all students served by 
the eligible agency.
House and Senate recede with amendment to read as follows for notes 
        113-117:
                    (C) Local report.--
                            (i) Content of report.--Each 
                        eligible recipient that receives an 
                        allocation described in section 112 
                        shall annually prepare and submit to 
                        the eligible agency a report, which 
                        shall include the data described in 
                        clause (ii)(I), regarding the progress 
                        of such recipient in achieving the 
                        local adjusted levels of performance on 
                        the core indicators of performance.
                            (ii) Data.--Except as provided in 
                        clauses (iii) and (iv) each eligible 
                        recipient that receives an allocation 
                        described in section 112 shall--
                                    (I) disaggregate data for 
                                each of the indicators of 
                                performance under paragraph (2) 
                                for the categories of students 
                                described in section 
                                1111(h)(1)(C)(i) of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                section 3(29) 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) Nonduplication.--The eligible 
                        agency shall ensure that each eligible 
                        recipient does not report duplicative 
                        information under this section in a 
                        manner that is consistent with the 
                        actions of the Secretary under 
                        subsection (c)(3).
                            (iv) Rules for reporting of data.--
                        The disaggregation of data under clause 
                        (ii) shall not be required when the 
                        number of students in a category is 
                        insufficient to yield statistically 
                        reliable information or when the 
                        results would reveal personally 
                        identifiable information about an 
                        individual student.
                            (v) 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) In general.--Each eligible agency that receives 
        an allotment under section 111 shall annually prepare 
        and submit to the Secretary a report regarding--
                    (A) the progress of the State in achieving 
                the State adjusted levels of performance on the 
                core indicators of performance; and
                    (B) information on the levels of 
                performance achieved by the State with respect 
                to the additional indicators of performance, 
                including the levels of performance for special 
                populations.
            (2) Data.--Except as provided in paragraphs (3) and 
        (4) each eligible agency under sections 111 or 201 
        shall--
                    (A) disaggregate data for each of the 
                indicators of performance under subsection 
                (b)(2) for the categories of students described 
                in section 1111(h)(1)(C)(i) of the Elementary 
                and Secondary Education Act of 1965 and section 
                3(29) 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 which shall include a quantifiable 
                description of the progress each such category 
                of students served by the eligible agency under 
                the Act has made in meeting the State adjusted 
                levels of performance.
            (3) Nonduplication.--The Secretary shall ensure 
        that each eligible agency does not report duplicative 
        information under this section.
            (4) Rules for reporting of data.--The 
        disaggregation of data under paragraph (2) shall not be 
        required when the number of students in a category is 
        insufficient to yield statistically reliable 
        information or when the results would reveal personally 
        identifiable information about an individual student.
      (118) The House bill requires data to be disaggregated by 
the populations described in section 3(25) and the populations 
described in section 1111(h)(1)(C)(i) of ESEA. The Senate bill 
changes the term ``vocational'' to ``career.''
House and Senate recede with amendment to read as follows note 117.
      (119) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 114. National activities
      (120) The Senate bill changes ``vocational'' to 
``career.''
House recedes
      (121) The Senate bill requires an analysis of performance 
data that is disaggregated for postsecondary institutions, by 
special populations, and for secondary institutions, by special 
populations and the categories described in ESEA Section 1111. 
The Senate bill prohibits reporting in instances where the 
numbers of students is too small to yield statistically 
reliable information or in which the results would reveal 
personally identifiable information about an individual 
student.
Senate recedes
      (122) The House bill limits international comparisons to 
aggregate comparisons.
Senate recedes
      (123) Identical provisions.
Legislative Counsel: similar or identical provision
      (124) Identical provisions.
Legislative Counsel: similar or identical provision
      (125) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (126) Similar provisions. The members of the advisory 
panel differ between the House and Senate bills.
House and Senate recede with amendment to read as follows:
            (2) Independent advisory panel.--
                    (A) In general.--The Secretary shall 
                appoint an independent advisory panel to advise 
                the Secretary on the implementation of the 
                assessment described in paragraph (3), 
                including the issues to be addressed and the 
                methodology of the studies involved to ensure 
                that the assessment adheres to the highest 
                standards of quality.
                    (B) Members.--The advisory panel shall 
                consist of--
                            (i) educators, administrators, 
                        State directors of career and technical 
                        education, and chief executives, 
                        including those with expertise in the 
                        integration of academic and career and 
                        technical education;
                            (ii) experts in evaluation, 
                        research, and assessment;
                            (iii) representatives of labor 
                        organizations and businesses, including 
                        small businesses, economic development 
                        entities, and workforce investment 
                        entities;
                            (iv) parents;
                            (v) career guidance and academic 
                        counseling professionals; and
                            (vi) other individuals and 
                        intermediaries with relevant expertise.
      (127) The House bill requires the report to be 
transmitted to the Secretary and to Congress. The Senate bill 
requires the report to be transmitted to the Secretary and the 
relevant committees of Congress.
Senate recedes with amendment to read as follows:
      The advisory panel shall transmit to the Secretary, the 
relevant committees of Congress, and the Library of Congress an 
independent analysis of the findings and recommendations 
resulting from the assessment described in paragraph (2).
      (128) The House bill requires the assessment to evaluate 
the implementation of career and technical education programs 
established under this Act. The Senate bill requires the 
assessment to evaluate career and technical education programs 
under this Act.
House and Senate recede with amendment to read as follows note 133.
      (129) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (130) The House bill deletes clauses (i), (ii), (iv) and 
(vii) of current law. The Senate bill retains these sections.
House and Senate recede with amendment to read as follows note 133.
      (131) The Senate bill includes faculty preparation.
House and Senate recede with amendment to read as follows note 133.
      (132) Similar provisions (clauses (ii) in the House bill 
and (v) in the Senate bill). The House bill includes the term 
``rigorous.'' The House bill includes careers in which math and 
science skills are critical. The Senate bill includes special 
populations in the evaluation of student preparation. The 
Senate bill includes the number of students receiving a high 
school diploma (IV).
House and Senate recede with amendment to read as follows note 133.
      (133) The Senate bill includes local adjusted levels of 
performance and local levels of performance.
House and Senate recede with amendment to read as follows for notes 
        128-133:
            (3) Evaluation and assessment.--
                    (A) In general.--From amounts made 
                available under subsection (e), the Secretary 
                shall provide for the conduct of an independent 
                evaluation and assessment of career and 
                technical education programs under this Act, 
                including the implementation of the Carl D. 
                Perkins Career and Technical Education 
                Improvement Act of 2006, to the extent 
                practicable, 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 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 career and technical 
                        education programs assisted under this 
                        Act; (ii) the preparation and 
                        qualifications of teachers and faculty 
                        of career and technical education (such 
                        as meeting State established teacher 
                        certification or licensing 
                        requirements), as well as shortages of 
                        such teachers and faculty;
                            (ii) academic and career and 
                        technical education achievement and 
                        employment outcomes of career and 
                        technical education, including analyses 
                        of--
                                    (I) the extent and success 
                                of integration of rigorous and 
                                challenging academic and career 
                                and technical education, 
                                including a review of the 
                                effect of such integration on 
                                the academic and technical 
                                proficiency achievement of 
                                students (including the number 
                                of students receiving a high 
                                school diploma) for students 
                                participating in career and 
                                technical education programs; 
                                and
                                    (II) the extent to which 
                                career and technical education 
                                programs prepare students, 
                                including special populations, 
                                for subsequent employment in 
                                high skill, high wage 
                                occupations (including those in 
                                which math and science skills 
                                are critical), for 
                                participation in postsecondary 
                                education;
                            (ii) employer involvement in, and 
                        satisfaction with career and technical 
                        education programs and career and 
                        technical education students' 
                        preparation for employment;
                            (iv) participation of students in 
                        career and technical education 
                        programs;
                            (v) the use of educational 
                        technology and distance learning with 
                        respect to career and technical 
                        education and tech prep programs; and
                            (vi) the effect of State and local 
                        adjusted levels of performance and 
                        State and local levels of performance 
                        on the delivery of career and technical 
                        education services, including the 
                        percentage of career and technical 
                        education and tech prep students 
                        meeting the adjusted levels of 
                        performance described in section 113.
      (134) The Senate bill requires the report to be submitted 
to the relevant committees of Congress.
House recedes with amendment to read as follows:
                                    (I) an interim report 
                                regarding the assessment on or 
                                before January 1, 2010; and
                                    (II) a final report, 
                                summarizing all studies and 
                                analyses that relate to the 
                                assessment and that are 
                                completed after the interim 
                                report, on or before July 1, 
                                2011.
      (135) The Senate bill would require the Secretary to 
award grants and contracts to one institution of higher 
education offering comprehensive graduate programs in career 
and technical education.
House and Senate recede with amendment to read as follows:
            (5) Research.--
                    (A) In general.--From amounts made 
                available under subsection (e), the Secretary, 
                after consulting with the States, shall award a 
                grant, contract, or cooperative agreement 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--
      (136) The House bill requires the national center to 
carry out ``scientifically based research.'' The Senate bill 
requires ``research and evaluation.''
House and Senate recede with amendment to read as follows:
                            (i) to carry out scientifically 
                        based research and evaluation for the 
                        purpose of developing, improving, and 
                        identifying the most successful methods 
                        for addressing the education, 
                        employment, and training needs of 
                        participants, including special 
                        populations, in career and technical 
                        education programs, including research 
                        and evaluation in such activities as--
      (137) The Senate bill includes the requirements that 
research include the education, employment, and training needs 
of special populations.
House recedes
      (138) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (139) The Senate bill, but not the House bill, requires 
the Center to carry out research, including scientifically 
based research, for the purpose of developing, improving, and 
identifying the most successful methods for successfully 
addressing the needs of employers in high skill, high wage 
business and industry.
House and Senate recede with amendment to read as follows:
                                    (I) the integration of--
                                            (aa) career and 
                                        technical instruction; 
                                        and
                                            (bb) academic, 
                                        secondary and 
                                        postsecondary 
                                        instruction;
                                    (II) education technology 
                                and distance learning 
                                approaches and strategies that 
                                are effective with respect to 
                                career and technical education;
                                    (III) State adjusted levels 
                                of performance and State levels 
                                of performance that serve to 
                                improve career and technical 
                                education programs and student 
                                achievement;
                                    (IV) academic knowledge and 
                                career and technical skills 
                                required for employment or 
                                participation in postsecondary 
                                education; and
                                    (V) preparation for 
                                occupations in high skill, high 
                                wage, or high demand business 
                                and industry, including 
                                examination of--
                                            (aa) collaboration 
                                        between career and 
                                        technical education 
                                        programs and business 
                                        and industry; and
                                            (bb) academic and 
                                        technical skills 
                                        required for a regional 
                                        or sectoral workforce, 
                                        including small 
                                        business;
      (140) The House bill includes the term ``scientifically 
based research'' and ``rigorous.''
House and Senate recede with amendment to read as follows:
                            (ii) to carry out scientifically 
                        based research and evaluation to 
                        increase the effectiveness and improve 
                        the implementation of career and 
                        technical education programs that are 
                        integrated with coherent and rigorous 
                        content aligned with challenging 
                        academic standards, including 
                        conducting research and development, 
                        and studies, that provide longitudinal 
                        information or formative evaluation 
                        with respect to career and technical 
                        education programs and student 
                        achievement;
      (141) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (142) The Senate bill requires research that improves the 
integration of programs with academic content standards and 
achievement standards adopted by States under ESEA.
House recedes with amendment to read as follows note 144.
      (143) The Senate bill requires that research promoting 
technical education be aligned with industry-based standards 
and certifications to meet regional industry needs.
House recedes with amendment to read as follows note 144.
      (144) The Senate bill requires that research to improve 
preparation and professional development include the 
recruitment and retention of career and technical education 
teachers, faculty, counselors, principals, and administrators, 
including individuals in groups underrepresented in the 
teaching professions.
House and Senate recede with amendment to read as follows for notes 
        142-144:
                            (iii) to carry out scientifically 
                        based research that can be used to 
                        improve preparation and professional 
                        development of teachers, faculty, and 
                        administrators and student learning in 
                        the career and technical education 
                        classroom, including--
                                    (I) effective in-service 
                                and pre-service teacher and 
                                faculty education that assists 
                                career and technical education 
                                programs in--
                                            (aa) integrating 
                                        those programs with 
                                        academic content 
                                        standards and student 
                                        academic achievement 
                                        standards, as adopted 
                                        by States under section 
                                        1111(b)(1) of the 
                                        Elementary and 
                                        Secondary Education Act 
                                        of 1965; and
                                            (bb) coordinating 
                                        technical education 
                                        with industry-
                                        recognized 
                                        certification 
                                        requirements;
                                    (II) dissemination and 
                                training activities related to 
                                the applied research and 
                                demonstration activities 
                                described in this subsection, 
                                which may also include serving 
                                as a repository for information 
                                on career and technical skills, 
                                State academic standards, and 
                                related materials; and
                                    (III) the recruitment and 
                                retention of career and 
                                technical education teachers, 
                                faculty, counselors, and 
                                administrators, including 
                                individuals in groups 
                                underrepresented in the 
                                teaching profession; and
      (145) Identical provisions.
Legislative Counsel: similar or identical provision
      (146) The Senate bill refers to the ``relevant Committees 
of Congress.''
House recedes with amendment to read as follows:
                    (B) Report.--The center conducting the 
                activities described in subparagraph (A) shall 
                annually prepare a report of key research 
                findings of such center and shall submit copies 
                of the report to the Secretary, relevant 
                committees of Congress, the Library of 
                Congress, and each eligible agency.
      (147) The House bill refers to one or more centers. The 
Senate bill refers to one center.
House and Senate recede with amendment to read as follows:
                    (B) Report.--The center conducting the 
                activities described in subparagraph (A) shall 
                annually prepare a report of key research 
                findings of such center and shall submit copies 
                of the report to the Secretary, relevant 
                committees of Congress, the Library of 
                Congress, and each eligible agency.
      (148) The Senate bill, but not the House, would establish 
an independent governing board to ensure that research and 
dissemination activities carried out by the center are 
coordinated with the research activities carried out by the 
Secretary.
Senate recedes
      (149) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (150) The Senate bill retains the demonstration 
partnership.
Senate recedes
      (151) Identical provisions.
Legislative Counsel: similar or identical provision
      (152) Similar provisions.
Senate recedes with amendment to read as follows:
      (e) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section, such 
sums as may be necessary for each of fiscal years 2007 through 
2012.
      (153) The House bill separates the Perkins incentive 
grant funds from the incentive grant funds authorized under 
Title I and Title II of WIA. The House bill awards incentive 
grants without consideration of performance on WIA programs. 
The Senate bill retains the current structure of the incentive 
grants.
House and Senate recede.
Incentive grants removed as a part of the formula resolution. See notes 
        68-70.
Sec. 115. Assistance for outlying areas
      (154) The House bill, but not the Senate, would increase 
grant amounts for the outlying areas. The Senate bill retains 
PREL as the initial recipient of the ``remainder'' to 
subsequently make grants. The House bill no longer includes 
PREL.
House and Senate recede with amendment to read as follows note 160.
      (155) The Senate bill, but not the House, includes the 
Republic of Palau in the ``Remainder'' provision of the bill. 
However, the Senate bill no longer includes the Republic of 
Palau in its definition of outlying areas. (See note 44.)
House and Senate recede with amendment to read as follows note 160.
      (156) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (157) The Senate bill uses the term ``preparation,'' 
while the House bill uses the phrase ``training and 
retraining.''
House and Senate recede with amendment to read as follows note 160.
      (158) The Senate bill, but not the House, includes 
``professional development for teachers, faculty, principals, 
and administrators;''
House and Senate recede with amendment to read as follows note 160.
      (159) The House bill, but not the Senate, strikes this 
provision from current law.
House and Senate recede with amendment to read as follows note 160.
      (160) Similar provisions.
House and Senate recede with amendment to read as follows for notes 
        154-160:

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, subject to subsection (d).
      (b) Remainder.--
            (1) First year.--Subject to the provisions of 
        subsection (a), for the first year following the date 
        of enactment of the Carl D. Perkins Career and 
        Technical Education Improvement Act of 2006, 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 career and technical 
        education and training in Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, for the 
        purpose of providing direct career and technical 
        educational services, including--
                    (A) teacher and counselor training and 
                retraining;
                    (B) curriculum development; and
                    (C) the improvement of career and technical 
                education and training programs in secondary 
                schools and institutions of higher education, 
                or improving cooperative education programs 
                involving secondary schools and institutions of 
                higher education.
            (2) Subsequent years.--Subject to subsection (a), 
        for the second fiscal year following the date of 
        enactment of the Carl D. Perkins Career and Technical 
        Education Improvement Act of 2006, and each subsequent 
        year, the Secretary shall make a grant of the remainder 
        of funds reserved pursuant to section 111(a)(1)(A) and 
        subject to subsection (a), in equal proportion, to each 
        of Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, to be used to provide direct 
        career and technical educational services as described 
        in subparagraphs (A) through (C) of paragraph (1).
      (c) Limitation.--The Pacific Region Educational 
Laboratory may use not more than 5 percent of the funds 
received under subsection (b)(1) for administrative costs.
      (d) 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, unless 
otherwise provided in such agreement.
Sec. 116. Native American programs
      (161) Identical provisions.
Legislative Counsel: similar or identical provision
      (162) Identical provisions.
Legislative Counsel: similar or identical provision
      (163) Identical provisions.
Legislative Counsel: similar or identical provision
      (164) Identical provisions.
Legislative Counsel: similar or identical provision
      (165) Identical provisions.
Legislative Counsel: similar or identical provision
      (166) Identical provisions.
Legislative Counsel: similar or identical provision
      (167) Identical provisions.
Legislative Counsel: similar or identical provision
      (168) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (169) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (170) Identical provisions.
Legislative Counsel: similar or identical provision
      (171) Identical provisions.
Legislative Counsel: similar or identical provision
      (172) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (173) The Senate bill, but not the House, inserts a comma 
after the word ``section.''
Legislative Counsel: similar or identical provision
      (174) The Senate bill, but not the House, changes the 
word ``paragraph'' to ``section.''
Legislative Counsel: similar or identical provision
      (175) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (176) Identical provisions.
Legislative Counsel: similar or identical provision
      (177) Identical provisions.
Legislative Counsel: similar or identical provision
      (178) Similar provisions. The Senate bill does not 
require recognition by the Governor of the State of Hawaii.
House recedes with amendment to read as follows:
      (h) Native Hawaiian Programs.--From the funds reserved 
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award 
grants to or enter into contracts with community-based 
organizations primarily serving and representing Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, which are authorized by and consistent with 
the provisions of this section for the benefit of Native 
Hawaiians.
Sec. 117. Tribally controlled postsecondary career and technical 
        institutions
      (179) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (180) The House bill, but not the Senate, provides that 
funds may be used for ``institutional support costs of the 
grant, including the expenses described in subsection (e).''
Senate recedes
      The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (181) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (182) Similar provisions.
Senate recedes
      (183) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (184) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (185) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (186) The Senate bill requires the needs assessment to be 
conducted annually. The House bill deletes the requirement that 
the Secretary conduct a needs assessment.
Senate recedes
      (187) The Senate bill, but not the House bill, maintains 
the requirement that the Secretary conduct a detailed study of 
the training, housing, and immediate facilities needs of each 
institution eligible under this section.
Senate recedes
      (188) The Senate bill, but not the House bill, maintains 
the requirement that the Secretary provide for the conduct of a 
long-term study of the facilities of each institution eligible 
for assistance under this section.
Senate recedes
      (189) The Senate bill, but not the House bill, requires 
the Secretary to provide a tribally controlled postsecondary 
career and technical institution with a hearing on the record 
with respect to determinations of grant eligibility or 
regarding the calculation of the amount of a grant awarded 
under this section.
House recedes with amendment to read as follows:
      (g) Complaint Resolution Procedure.--The Secretary shall 
establish (after consultation with tribally controlled 
postsecondary career and technical institutions) a complaint 
resolution procedure for grant determination and calculations 
under this section for tribally controlled postsecondary career 
and technical institutions.
      (190) Identical provisions.
Legislative Counsel: similar or identical provision
      (191) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes on ``career.''
Senate recedes with amendment to read as follows:
            (2) Indian student count.--
                    (A) In general.--The term ``Indian student 
                count'' means a number equal to the total 
                number of Indian students enrolled in each 
                tribally controlled postsecondary career and 
                technical institution, as determined in 
                accordance with subparagraph (B).
                    (B) Determination.--
                            (i) Enrollment.--For each academic 
                        year, the Indian student count shall be 
                        determined on the basis of the 
                        enrollments of Indian students as in 
                        effect at the conclusion of--
                                    (I) in the case of the fall 
                                term, the third week of the 
                                fall term; and
                                    (II) in the case of the 
                                spring term, the third week of 
                                the spring term.
                            (ii) Calculation.--For each 
                        academic year, the Indian student count 
                        for a tribally controlled postsecondary 
                        career and technical institution shall 
                        be the quotient obtained by dividing--
                                    (I) the sum of the credit 
                                hours of all Indian students 
                                enrolled in the tribally 
                                controlled postsecondary career 
                                and technical institution (as 
                                determined under clause (i)); 
                                by
                                    (II) 12.
                            (iii) Summer term.--Any credit 
                        earned in a class offered during a 
                        summer term shall be counted in the 
                        determination of the Indian student 
                        count for the succeeding fall term.
                            (iv) Students without secondary 
                        school degrees.--
                                    (I) In general.--A credit 
                                earned at a tribally controlled 
                                postsecondary career and 
                                technical institution by any 
                                Indian student that has not 
                                obtained a secondary school 
                                degree (or the recognized 
                                equivalent of such a degree) 
                                shall be counted toward the 
                                determination of the Indian 
                                student count if the 
                                institution at which the 
                                student is enrolled has 
                                established criteria for the 
                                admission of the student on the 
                                basis of the ability of the 
                                student to benefit from the 
                                education or training of the 
                                institution.
                                    (II) Presumption.--The 
                                institution shall be presumed 
                                to have established the 
                                criteria described in subclause 
                                (I) if the admission procedures 
                                for the institution include 
                                counseling or testing that 
                                measures the aptitude of a 
                                student to successfully 
                                complete a course in which the 
                                student is enrolled.
                                    (III) Credits toward 
                                secondary school Degree.--No 
                                credit earned by an Indian 
                                student for the purpose of 
                                obtaining a secondary school 
                                degree (or the recognized 
                                equivalent of such a degree) 
                                shall be counted toward the 
                                determination of the Indian 
                                student count under this 
                                clause.
                            (v) Continuing education 
                        programs.--Any credit earned by an 
                        Indian student in a continuing 
                        education program of a tribally 
                        controlled postsecondary career and 
                        technical institution shall be included 
                        in the determination of the sum of all 
                        credit hours of the student if the 
                        credit is converted to a credit hour 
                        basis in accordance with the system of 
                        the institution for providing credit 
                        for participation in the program.
      (192) The Senate bill, but not the House bill, specifies 
an authorization level for FY06 for the purposed of this 
section.
Senate recedes with amendment to read as follows:
      Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary for each of fiscal years 2007 through 2012.
Sec. 118. Occupational and employment information
      (193) Similar provisions.
Legislative Counsel: similar or identical provision
      (194) The Senate bill includes specific contents for the 
application.
House recedes with amendment to read as follows:
      (b) State Application.--
            (1) In general.--A jointly designated State entity 
        specified in subsection (c) that desires to receive a 
        grant shall submit an application to the Secretary at 
        the same time the State submits its State plan under 
        section 122, in such manner, and accompanied by such 
        additional information, as the Secretary may reasonably 
        require.
            (2) Contents.--Each application submitted under 
        paragraph (1) shall include a description of how the 
        jointly designated State entity designated in 
        subsection (c) will provide information based on trends 
        provided pursuant to section 15 of the Wagner-Peyser 
        Act to inform program development.
      (195) The Senate bill includes academic achievement 
standards adopted by the State under ESEA.
House recedes with amendment to read as follows: (see note 194)
      (196) The Senate bill, but not the House bill, includes a 
focus on high skill, high wage, or high demand occupations in 
emerging or established professions.
Senate recedes with amendment to read as follows:
      (c) 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 career guidance and 
        academic counseling programs designed to promote 
        improved career and education decision making by 
        students (and parents, as appropriate) regarding 
        education (including postsecondary education) and 
        training options and preparations for high skill, high 
        wage, or high demand occupations and non-traditional 
        fields;
            (2) to make available to students, parents, 
        teachers, administrators, faculty, and career guidance 
        and academic counselors, and to improve accessibility 
        with respect to, information and planning resources 
        that relate academic and career and technical 
        educational preparation to career goals and 
        expectations;
      (197) The Senate bill, but not the House bill, includes a 
focus on high skill, high wage, or high demand occupations and 
non-traditional fields, including occupations and fields 
requiring a baccalaureate degree. The Senate bill includes an 
emphasis on providing this information to special populations 
underrepresented in certain careers.
House recedes with amendment to read as follows:
            (3) to provide academic and career and technical 
        teachers, faculty, administrators, and career guidance 
        and academic counselors with the knowledge, skills, and 
        occupational information needed to assist parents and 
        students, especially special populations, with career 
        exploration, educational opportunities, education 
        financing, and exposure to high skill, high wage, or 
        high demand occupations and non-traditional fields, 
        including occupations and fields requiring a 
        baccalaureate degree;
      (198) The Senate bill, but not the House bill, includes a 
focus on high skill, high wage, or high demand occupations in 
emerging or established professions.
House recedes with amendment to read as follows:
            (4) to assist appropriate State entities in 
        tailoring career related educational resources and 
        training for use by such entities, including 
        information on high skill, high wage, or high demand 
        occupations in current or emerging professions and on 
        career ladder information.
      (199) The Senate bill, but not the House, requires the 
entities receiving grants under this section to provide 
information, if available, for each occupation on the average 
earnings of the individual, the expected lifetime earnings, and 
the expected future demand for the occupation.
House and Senate recede with amendment to read as follows:
            (7) to provide readily available occupational 
        information such as--
                    (A) information relative to employment 
                sectors;
                    (B) information on occupation supply and 
                demand; and
                    (C) other information provided pursuant to 
                section 15 of the Wagner-Peyser Act as the 
                jointly designated State entity considers 
                relevant.
      (200) Similar provisions.
Legislative Counsel: similar or identical provision
      (201) Similar provisions.
Legislative Counsel: similar or identical provision
      (202) Similar provisions.
Legislative Counsel: similar or identical provision
      (203) Similar provisions.
Legislative Counsel: similar or identical provision

                        PART B--STATE PROVISIONS

Sec. 121. State Administration
      (204) Identical provisions.
Legislative Counsel: similar or identical provision
      (205) The Senate bill, but not the House, includes 
``teacher and faculty preparation programs'' and ``all types of 
businesses'' in the consultation process.
House recedes with amendment to read as follows:
            (2) consultation with the Governor and appropriate 
        agencies, groups, and individuals including parents, 
        students, teachers, teacher and faculty preparation 
        programs, representatives of businesses (including 
        small 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;
      (206) Identical provisions.
Legislative Counsel: similar or identical provision
      (207) Identical provisions.
Legislative Counsel: similar or identical provision
      (208) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 122. State plan
      (209) The Senate bill allows eligible agencies to submit 
transition plans to meet the requirements of this section.
House and Senate recede with amendment to read as follows:
      (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 
        6-year period, together with such annual revisions as 
        the eligible agency determines to be necessary, except 
        that during the period described in section 4, each 
        eligible agency may submit a transition plan that shall 
        fulfill the eligible agency's obligation to submit a 
        State plan under this section for the first fiscal year 
        following the date of enactment of the Carl D. Perkins 
        Career and Technical Education Improvement Act of 2006.
      (210) Identical provisions.
Legislative Counsel: similar or identical provision
      (211) The House bill, but not the Senate, includes 
charter school authorizers and organizers, students, and 
community organizations.
Senate recedes with amendment to read as follows:
groups (including charter school authorizers and organizers 
consistent with State law, employers, labor organizations, 
parents, students, and community organizations),
      (212) The Senate bill includes career guidance and 
academic counselors, State tech prep coordinators and 
representatives of tech prep consortia, the lead State agency 
officials with responsibility for activities under the 
Workforce Investment Act, and includes small businesses and 
economic development entities in the business and industry 
category.
House recedes with amendment to read as follows:
      (b) Plan Development.--
            (1) In general.--The eligible agency shall--
                    (A) develop the State plan in consultation 
                with--
                            (i) academic and career and 
                        technical education teachers, faculty, 
                        and administrators;
                            (ii) career guidance and academic 
                        counselors;
                            (iii) eligible recipients;
                            (iv) charter school authorizers and 
                        organizers (consistent with State law);
                            (v) parents and students;
                            (vi) institutions of higher 
                        education;
                            (vii) the State tech prep 
                        coordinator and representatives of tech 
                        prep consortia (if applicable);
                            (viii) entities participating in 
                        activities under section 111 of P.L. 
                        105-220;
                            (ix) interested community members 
                        (including parent and community 
                        organizations);
                            (x) representatives of special 
                        populations;
                            (xi) representatives of business 
                        and industry (including representatives 
                        of small business); and
                            (xii) representatives of labor 
                        organizations in the State; and
                    (B) consult the Governor of the State with 
                respect to such development.
      (213) Identical provisions.
Legislative Counsel: similar or identical provision
      (214) The Senate bill changes the term ``vocational'' to 
``career.''
House and Senate recede with amendment to read as follows for notes 
        214-230:
                    (A) the career and technical programs of 
                study, which may be adopted by local 
                educational agencies and postsecondary 
                institutions to be offered as an option to 
                students (and their parents as appropriate) 
                when planning for and completing future 
                coursework, for career and technical content 
                areas that--
                            (i) incorporate secondary education 
                        and postsecondary education elements;
                            (ii) include coherent and rigorous 
                        content aligned with challenging 
                        academic standards and relevant career 
                        and technical content in a coordinated, 
                        non-duplicative progression of courses 
                        that align secondary education with 
                        postsecondary education to adequately 
                        prepare students to succeed in 
                        postsecondary education;
                            (iii) may include the opportunity 
                        for secondary education students to 
                        participate in dual or concurrent 
                        enrollment programs or other ways to 
                        acquire postsecondary education 
                        credits; and
                            (iv) lead to an industry-recognized 
                        credential or certificate at the 
                        postsecondary level, or an associate or 
                        baccalaureate degree;
                    (B) how the eligible agency, in 
                consultation with eligible recipients, will 
                develop and implement the career and technical 
                programs of study described in subparagraph 
                (A);
                    (C) how the eligible agency will support 
                eligible recipients in developing and 
                implementing articulation agreements between 
                secondary education and postsecondary education 
                institutions;
                    (D) how the eligible agency will make 
                available information about career and 
                technical programs of study offered by eligible 
                recipients;
                    (E) the secondary and postsecondary career 
                and technical education programs to be carried 
                out, including programs that will be carried 
                out by the eligible agency to develop, improve, 
                and expand access to appropriate technology in 
                career and technical education programs;
                    (F) the criteria that will be used by the 
                eligible agency to approve eligible recipients 
                for funds under this Act, including criteria to 
                assess the extent to which the local plan 
                will--
                            (i) promote continuous improvement 
                        in academic achievement;
                            (ii) promote continuous improvement 
                        of technical skill attainment; and
                            (iii) identify and address current 
                        or emerging occupational opportunities;
                    (G) how programs at the secondary level 
                will prepare career and technical education 
                students, including special populations, to 
                graduate from secondary school with a diploma;
                    (H) how such programs will prepare career 
                and technical education students, including 
                special populations, academically and 
                technically, for opportunities in postsecondary 
                education or entry into high skill, high wage, 
                or high demand occupations in current or 
                emerging occupations, and how participating 
                students will be made aware of such 
                opportunities;
                    (I) how funds will be used to improve or 
                develop new career and technical education 
                courses--
                            (i) at the secondary level that are 
                        aligned with rigorous and challenging 
                        academic content standards and student 
                        academic achievement standards adopted 
                        by the State under section 1111 (b)(1) 
                        of the Elementary and Secondary 
                        Education Act of 1965;
                            (ii) at the postsecondary level 
                        that are relevant and challenging; and
                            (iii) that lead to employment in 
                        high skill, high wage, or high demand 
                        occupations;
                    (J) how the eligible agency will facilitate 
                and coordinate communication on best practices 
                among successful tech prep program grants under 
                title II and eligible recipients to improve 
                program quality and student achievement;
                    (K) how funds will be used effectively to 
                link secondary and postsecondary academic and 
                career and technical education at the secondary 
                level and the postsecondary level in a manner 
                that increases student academic and career and 
                technical achievement; and
                    (L) how the eligible agency will report on 
                the integration of coherent and rigorous 
                content aligned with challenging academic 
                standards in career and technical education 
                programs in order to adequately evaluate the 
                extent of such integration.
      (215) The House and Senate bill use different terms. The 
House bill requires the eligible agency to describe in the plan 
how model sequences of courses will include secondary and 
postsecondary components. The Senate bill requires the eligible 
agency to describe how it will support eligible recipients in 
developing or implementing career pathways and in developing 
articulation agreements between secondary and postsecondary 
institutions.
House and Senate recede with amendment to read as follows note 214.
      (216) The House bill requires a description of how the 
model sequence of courses will include rigorous and challenging 
content. The Senate bill requires a descriptionof how the 
eligible agency will support eligible recipients in using labor market 
information to identify career pathways that prepare individuals for 
high skill, high wage, or high demand occupations.
House and Senate recede with amendment to read as follows note 214.
      (217) The House bill requires a description of how the 
model sequence of courses will lead to a postsecondary 1-year 
certificate, associate or baccalaureate degree, or a 
proficiency credential in conjunction with a secondary school 
diploma. The Senate bill requires a description of how the 
eligible agency will make available information about career 
pathways offered by eligible recipients.
House and Senate recede with amendment to read as follows note 214.
      (218) The House bill requires a description of how the 
model sequence of courses 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. The Senate bill requires a 
description of how the eligible agency will consult with 
business and industry and use industry-recognized standards and 
assessments, if appropriate, to develop career pathways.
House and Senate recede with amendment to read as follows note 214.
      (219) The House bill, but not the Senate bill, includes 
language requiring a description of how the eligible agency 
will distribute information identifying eligible recipients 
that offer elements of the model sequence of courses.
House and Senate recede with amendment to read as follows note 214.
      (220) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes.
      (221) Similar provisions. The Senate bill, but not the 
House bill, requires the local plan to identify and address 
workforce needs.
House and Senate recede with amendment to read as follows note 214.
      The House bill requires the local plan to promote 
continuous and substantial improvement.
House and Senate recede with amendment to read as follows note 214.
      (222) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 214.
      (223) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.'' The Senate bill includes an 
emphasis on special populations.
House and Senate recede with amendment to read as follows note 214.
House recedes on ``career.''
      (224) The Senate bill is more specific. It requires that 
new courses in high skill, high wage, or high demand 
occupations are linked to business needs and industry 
standards, where appropriate. It also requires that courses at 
the secondary level are aligned with standards adopted by the 
State under ESEA and that courses at the postsecondary level 
are relevant and challenging.
House and Senate recede with amendment to read as follows note 214.
      (225) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes.
      (226) The House bill uses the term ``rigorous.''
House and Senate recede with amendment to read as follows note 214.
      (227) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
      (228) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
      (229) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
      (230) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 214.
      (231) The Senate bill, but not the House bill, includes 
principals in the professional development language.
House and Senate recede with amendment to read as follows note 267.
      (232) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes.
      (233a) The House bill includes the term ``rigorous.''
House and Senate recede with amendment to read as follows note 267.
      (233b) The House bill includes a provision to encourage 
applied learning that contributes to the academic and 
vocational and technical knowledge of the student.
House and Senate recede with amendment to read as follows note 267.
      (234) The Senate bill is more expansive in the 
requirements for professional development.
House and Senate recede with amendment to read as follows note 267.
      (235) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
      (236) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
      (237) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
      (238) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.'' The Senate bill also 
includes faculty, principals, administrators, counselors, 
business intermediaries, State workforce investment boards, and 
local workforce investment boards.
House and Senate recede with amendment to read as follows note 267.
      (239) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
      (240) The Senate bill, but not the House bill, includes a 
new subparagraph (A) relating to the use of funds to improve or 
develop new career and technical education courses in high 
skill, high wage, or high demand occupations.
House and Senate recede with amendment to read as follows note 267.
      (241) The House bill refers to ESEA for definition of 
core academic subjects.
House and Senate recede with amendment to read as follows note 267.
      (242) The Senate bill (subparagraph (D)), encourages 
enrollment in challenging courses in core academic subjects. 
The House bill (subparagraph (A)) requires the integration of 
academics with vocational and technical education to ensure 
learning in core academic subjects.
House and Senate recede with amendment to read as follows note 267.
      (243) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.'' The Senate bill requires 
programs to be coordinated to promote lifelong learning.
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
      (244) Similar provisions.
House and Senate recede with amendment to read as follows note 267.
      (245) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
      (246) Similar provisions. House bill uses term 
``describe.'' Senate bill uses term ``describes.''
House and Senate recede with amendment to read as follows note 267.
      (247) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
      (248) The House bill, but not the Senate bill, adds a 
specific restriction on the use of funds for purchasing 
technology.
House and Senate recede with amendment to read as follows note 267.
      (249) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
      (250) The Senate bill requires a description of how the 
eligible agency will measure and report data.
House and Senate recede with amendment to read as follows note 267.
      (251) The Senate bill requires data to be reported for 
specific career clusters.
House and Senate recede with amendment to read as follows note 267.
      (252) The Senate bill replaces the term ``vocational'' 
with ``career.''
House recedes.
      (253) The Senate bill requires a description of how the 
eligible agency will disaggregate data, depending on the type 
of eligible recipient.
House and Senate recede with amendment to read as follows note 267.
      (254) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
      (255) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
      (256) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.''
House recedes on ``career.''
House and Senate recede with amendment to read as follows note 267.
      (257) The Senate bill, but not the House bill, includes 
coordination with workforce investment programs.
House and Senate recede with amendment to read as follows note 267.
      (258) The Senate bill, but not the House bill, requires a 
description of how funds will be used to promote preparation 
for high skill, high wage, or high demand occupations. The 
Senate bill also requires preparation for non-traditional 
fields in emerging and established professions.
House and Senate recede with amendment to read as follows note 267.
      (259) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
      (260) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
      (261) No similar provision is included in S. 250.
House and Senate recede with amendment to read as follows note 267.
      (262) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
      (263) Similar provisions.
House and Senate recede with amendment to read as follows note 267.
      (264) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows note 267.
      (265) Identical provisions.
House and Senate recede with amendment to read as follows note 267.
      (266) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes on ``career.''
      (267) Identical provisions.
House and Senate recede with amendment to read as follows for notes 
        231-267:
            (2) describes how comprehensive professional 
        development (including initial teacher preparation and 
        activities that support recruitment) for career and 
        technical education teachers, faculty, administrators, 
        and career guidance and academic counselors will be 
        provided, especially professional development that--
                    (A) promotes the integration of coherent 
                and rigorous academic content standards and 
                career and technical education curricula, 
                including through opportunities for the 
                appropriate academic and career and technical 
                teachers to jointly develop and implement 
                curricula and pedagogical strategies, as 
                appropriate;
                    (B) increases the percentage of teachers 
                that meet teacher certification or licensing 
                requirements;
                    (C) is high quality, sustained, intensive, 
                focused on instruction, and increases the 
                academic knowledge and understanding of 
                industry standards, as appropriate, of career 
                and technical education teachers;
                    (D) encourages applied learning that 
                contributes to the academic and career and 
                technical knowledge of the student;
                    (E) provides the knowledge and skills 
                needed to work with and improve instruction for 
                special populations;
                    (F) assists in accessing and utilizing 
                data, including data provided under section 
                118, student achievement data, and data from 
                assessments; and
                    (G) promotes integration with professional 
                development activities that the State carries 
                out under Title II of the Elementary and 
                Secondary Education Act of 1965 and Title II of 
                the Higher Education Act of 1965.
            (3) describes efforts to improve--
                    (A) the recruitment and retention of career 
                and technical education teachers, faculty, and 
                career guidance and academic counselors, 
                including individuals in groups 
                underrepresented in the teaching profession; 
                and
                    (B) the transition to teaching from 
                business and industry, including small 
                business;
            (4) describes efforts to facilitate the transition 
        of subbaccalaureate career and technical education 
        students into baccalaureate degree programs at 
        institutions of higher education;
            (5) describes how the eligible agency will actively 
        involve parents, academic and career and technical 
        education teachers, administrators, faculty, career 
        guidance and academic counselors, local business 
        (including small businesses), and labor organizations 
        in the planning, development, implementation, and 
        evaluation of such career and technical education 
        programs;
            (6) describes how funds received by the eligible 
        agency through the allotment made under section 111 
        will be allocated--
                    (A) among career and technical education at 
                the secondary level, or career and technical 
                education at the postsecondary and adult 
                levels, or both, including the rationale for 
                such allocation; and
                    (B) among any consortia that will be formed 
                among secondary schools and eligible 
                institutions, and how funds will be allocated 
                among the members of the consortia, including 
                the rationale for such allocation;
            (7) describes how the eligible agency will--
                    (A) improve the academic and technical 
                skills of students participating in career and 
                technical education programs, including 
                strengthening the academic and career and 
                technical components of career and technical 
                education programs through the integration of 
                academics with career and technical education 
                to ensure learning in--
                            (i) the core academic subjects (as 
                        defined in section 9101 of the 
                        Elementary and Secondary Education Act 
                        of 1965); and
                            (ii) career and technical education 
                        subjects;
                    (B) provide students with strong experience 
                in, and understanding of, all aspects of an 
                industry; and
                    (C) ensure that students who participate in 
                such career and technical education programs 
                are taught to the same challenging academic 
                proficiencies as are taught to all other 
                students;
            (8) describes how the eligible agency will annually 
        evaluate the effectiveness of such career and technical 
        education programs, and describes, to the extent 
        practicable, how the eligible agency is coordinating 
        such programs to ensure nonduplication with other 
        Federal programs;
            (9) describes the eligible agency's program 
        strategies for special populations, including a 
        description of how individuals who are members of the 
        special populations--
                    (A) will be provided with equal access to 
                activities assisted under this Act;
                    (B) will not be discriminated against on 
                the basis of their status as members of the 
                special populations; and
                    (C) will be provided with programs designed 
                to enable the special populations to meet or 
                exceed State adjusted levels of performance, 
                and prepare special populations for further 
                learning and for high skill, high wage, or high 
                demand occupations;
            (10) describes--
                    (A) efforts to ensure that eligible 
                recipients are given the opportunity to provide 
                input in determining the State adjusted levels 
                of performance described in section 113; and
                    (B) how the eligible agency, in 
                consultation with eligible recipients, will 
                develop a process for the negotiation of local 
                adjusted levels of performance under section 
                113(b)(4) if an eligible recipient does not 
                accept the State adjusted levels of performance 
                under Section 113(b)(3);
            (11) provides assurances that the eligible agency 
        will comply with the requirements of this Act and the 
        provisions of the State plan, including the provision 
        of a financial audit of funds received under this Act 
        which may be included as part of an audit of other 
        Federal or State programs;
            (12) provides assurances that none of the funds 
        expended under this Act will be used to acquire 
        equipment (including computer software) in any instance 
        in which such acquisition results in a direct financial 
        benefit to any organization representing the interests 
        of the acquiring entity, the employees of the acquiring 
        entity, or any affiliate of such an organization;
            (13) describes how the eligible agency will report 
        data relating to students participating in career and 
        technical education in order to adequately measure the 
        progress of the students, including special 
        populations, and 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;
            (14) describes how the eligible agency will 
        adequately address the needs of students in alternative 
        education programs, if appropriate;
            (15) describes how the eligible agency will provide 
        local educational agencies, area career and technical 
        education schools, and eligible institutions in the 
        State with technical assistance;
            (16) describes how career and technical education 
        relates to State and regional occupational 
        opportunities;
            (17) describes the methods proposed for the joint 
        planning and coordination of programs carried out under 
        this title with other Federal education programs;
            (18) describes how funds will be used to promote 
        preparation for high skill, high wage, or high demand 
        occupations and non-traditional fields;
            (19) describes how funds will be used to serve 
        individuals in State correctional institutions; and
            (20) 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 Options.--
            (1) Single plan.--An eligible agency not choosing 
        to consolidate funds under section 202 shall fulfill 
        the plan or application submission requirements of this 
        section, and section 201(c), by submitting a single 
        State plan. In such plan, the eligible agency may allow 
        recipients to fulfill the plan or application 
        submission requirements of section 134 and subsections 
        (a) and (b) of section 204 by submitting a single local 
        plan.
            (2) Plan submitted as part of 501 plan.--The 
        eligible agency may submit the plan required under this 
        section as part of the plan submitted under section 501 
        of Public Law 105-220, if the plan submitted pursuant 
        to the requirement of this section meets the 
        requirements of this Act.
      (e) Plan Approval.--
            (1) In general.--The Secretary shall approve a 
        State plan, or a revision to an approved State plan, 
        unless the Secretary determines that--
                    (A) the State plan, or revision, 
                respectively, does not meet the requirements of 
                this Act; or
                    (B) the State's levels of performance on 
                the core indicators of performance consistent 
                with section 113 are not sufficiently rigorous 
                to meet the purpose of this Act.
            (2) Disapproval.--The Secretary shall not finally 
        disapprove a State plan, except after giving the 
        eligible agency notice and an opportunity for a 
        hearing.
            (3) Consultation.--The eligible agency shall 
        develop the portion of each State plan relating to the 
        amount and uses of any funds proposed to be reserved 
        for adult career and technical education, postsecondary 
        career and technical education, tech prep education, 
        and secondary career and technical education after 
        consultation with the State agency responsible for 
        supervision of community colleges, technical 
        institutes, or other 2-year postsecondary institutions 
        primarily engaged in providing postsecondary career and 
        technical education, and the State agency responsible 
        for secondary education. If a State agency finds that a 
        portion of the final State plan is objectionable, the 
        State agency shall file such objections with the 
        eligible agency. The eligible agency shall respond to 
        any objections of the State agency in the State plan 
        submitted to the Secretary.
            (4) Timeframe.--A State plan shall be deemed 
        approved by the Secretary if the Secretary has not 
        responded to the eligible agency regarding the State 
        plan within 90 days of the date the Secretary receives 
        the State plan.
Sec. 123. Improvement plans
      (268) The House bill requires that the improvement plan 
give special consideration to performance gaps.
House and Senate recede with amendment to read as follows note 272.
      (269) Identical provisions.
House and Senate recede with amendment to read as follows note 272.
      (270a) The Senate bill has the caption heading 
``FAILURE.''
House and Senate recede with amendment to read as follows note 272.
      (270b) The Senate bill specifies that action may be taken 
if an eligible agency fails to meet more than one of the State 
adjusted levels of performance for 2 or more consecutive years. 
The House bill specifies that subsequent action may occur if an 
eligible recipient does not meet the State adjusted levels of 
performance and the purposes of the Act for 2 or more 
consecutive years.
House and Senate recede with amendment to read as follows note 272.
      Report Language: In establishing separate indicators for 
secondary and postsecondary programs, the Conferees acknowledge 
the distinct activities carried out by secondary and 
postsecondary recipients. By providing the Secretary with the 
discretion to take subsequent action against an eligible 
agency, as specified in Section 123(b)(4), the Conferees intend 
that the Secretary withhold only those funds from the eligible 
agency that are designated to support the activities related to 
the core indicators for which the agency failed to meet the 
adjusted levels of performance.
      (271) Identical provisions.
House and Senate recede with amendment to read as follows note 272.
      Report Language: The Conferees intend that, in 
determining whether to impose sanctions, the Secretary consider 
the number of, and the degree by which, a State recipient 
failed to meet its State adjusted levels of performance.
      (272) Identical provisions.
House and Senate recede with amendment to read as follows for notes 
        268-272.

SEC. 123. IMPROVEMENT PLANS.

      (a) State Program Improvement.--
            (1) Plan.--If a State fails to meet at least 90 
        percent of an agreed upon State adjusted level of 
        performance for any of the core indicators of 
        performance described in 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 during the first program 
        year succeeding the program year for which the eligible 
        agency failed to so meet the State adjusted level of 
        performance for any of the core indicators of 
        performance.
            (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 the improvement activities consistent with 
        the requirements of this Act.
            (3) Subsequent action.--
                    (A) In general.--The Secretary may, after 
                notice and opportunity for a hearing, withhold 
                from an eligible agency all, or a portion, of 
                the eligible agency's allotment under 
                paragraphs (2) and (3) of section 112(a) if the 
                eligible agency--
                            (i) fails to implement an 
                        improvement plan as described in 
                        paragraph (1);
                            (ii) fails to make any improvement 
                        in meeting any of the State adjusted 
                        levels of performance for the core 
                        indicators of performance identified 
                        under paragraph (1) within the first 
                        program year of implementation of its 
                        improvement plan described in paragraph 
                        (1); or
                            (iii) fails to meet at least 90 
                        percent of an agreed upon State 
                        adjusted level of performance for the 
                        same core indicator of performance for 
                        3 consecutive years.
                    (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.--The 
        Secretary shall use funds withheld under paragraph (3) 
        for a State served by an eligible agency to provide 
        technical assistance to assist in the development of an 
        improved State improvement plan, or for other 
        improvement activities consistent with the requirements 
        of this Act for such State.
      (273) Similar provisions. The Senate bill changes the 
term ``vocational'' to ``career.''
House recedes
      (274) Similar provisions. The House bill, but not the 
Senate bill, references a persistent or a widening of 
performance gaps.
House and Senate recede with amendment as follows note 279.
      (275) The Senate bill requires the assessment to include 
special populations.
Senate recedes
      (276) The Senate bill requires the eligible agency to 
consult with principals, administrators, and faculty.
Senate recedes
      (277) The Senate bill, but not the House, permits an 
eligible recipient to request additional technical assistance 
directly from the Secretary.
House and Senate recede with amendment as follows note 279.
      Report Language: In establishing separate indicators for 
secondary and postsecondary programs, the Conferees acknowledge 
the distinct activities carried out by secondary and 
postsecondary recipients. By providing a State with the 
discretion to take subsequent action against an eligible 
recipient, as specified in Section 123(b)(4), the Conferees 
intend that the State withhold only those funds from the 
eligible recipient that are designated to support the 
activities related to the core indicators for which the 
recipient failed to meet the adjusted levels of performance.
      (278a) The Senate bill has the caption heading 
``FAILURE.''
House and Senate recede with amendment as follows note 279.
      (278b) The Senate bill specifies that action may be taken 
if an eligible recipient fails to meet more than one of the 
local adjusted levels of performance for 2 or more consecutive 
years. The House bill specifies that subsequent action may 
occur if an eligible recipient does not meet the local adjusted 
levels of performance and the purposes of the Act for 2 or more 
consecutive years.
House and Senate recede with amendment as follows note 279.
      Report Language: The conferees intend that, in 
determining whether to impose sanctions, an eligible agency 
consider the number of, and the degree by which, an eligible 
recipient failed to meet its local adjusted levels of 
performance and the impact, if any, on eligible recipient's 
reported performance of the small size of its career and 
technical education program.
      (279) The Senate bill, but not the House, includes 
``organizational structure'' as grounds for waiver of the 
sanctions described.
House and Senate recede with amendment as follows for notes 274-279:
            (2) Plan.--If, after reviewing the evaluation in 
        paragraph (1), the eligible agency determines that an 
        eligible recipient failed to meet at least 90 percent 
        of an agreed upon local adjusted level of performance 
        for any of the core indicators of performance described 
        in section 113(b)(4), the eligible recipient shall 
        develop and implement a program improvement plan (with 
        special consideration to performance gaps identified 
        under section 113(b)(4)(C)(ii)(II)) in consultation 
        with the eligible agency, appropriate agencies, 
        individuals, and organizations during the first program 
        year succeeding the program year for which the eligible 
        entity failed to so meet any of the local adjusted 
        levels of performance for any of the core indicators of 
        performance.
            (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 purposes of this Act, based on 
        the local adjusted levels of performance, the eligible 
        agency shall work with the eligible recipient to 
        implement improvement activities consistent with the 
        requirements of this Act.
            (4) Subsequent action.--
                    (A) In general.--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 if the eligible recipient--
                            (i) fails to implement an 
                        improvement plan as described in 
                        paragraph (2);
                            (ii) fails to make any improvement 
                        in meeting any of the local adjusted 
                        levels of performance for the core 
                        indicators of performance identified 
                        under paragraph (2) within the first 
                        program year of implementation of its 
                        improvement plan described in paragraph 
                        (2); or
                            (iii) fails to meet at least 90 
                        percent of an agreed upon local 
                        adjusted level of performance for the 
                        same core indicator of performance for 
                        3 consecutive years.
                    (B) Waiver for exceptional circumstances.--
                The eligible agency may, in determining whether 
                to impose sanctions under subparagraph (A), 
                waive imposing sanctions--
                            (i) due to exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the eligible recipient; or
                            (ii) based on the impact on the 
                        eligible recipient's reported 
                        performance of the small size of the 
                        career and technical education program 
                        operated by the eligible recipient.
      (280) Similar provisions.
Legislative Counsel: similar or identical provision
      Report Language: The conferees recognize that the 
possible sanction of an eligible recipient could result in an 
unnecessary disruption of services and activities. It is the 
intention of theconferees that in the event of a sanction, the 
services and activities to be provided through an alternative 
arrangement should be provided by the state agency or another eligible 
recipient.
Sec. 124. State leadership activities
      (281) Similar provisions.
Senate recedes
      (282) Identical provisions.
Legislative Counsel: similar or identical provision
      (283) The Senate bill changes ``vocational'' to 
``career.''
House recedes
      (284) The Senate bill, but not the House, includes 
``further training,'' and ``high skill, high wage, or high 
demand occupations.''
House recedes
      (285) The House bill, but not the Senate, includes ``math 
and science'' education.
House and Senate recede with amendment to read as follows note 288.
      (286) The Senate bill, but not the House, deletes 
subparagraph (B) from current law.
House and Senate recede with amendment to read as follows note 288.
      (287) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (288) The Senate bill, but not the House, includes 
lifelong learning and partnerships to link career and technical 
education with businesses, workforce investment entities and 
communications entities.
House and Senate recede with amendment to read as follows for notes 
        285-288:
            (2) developing, improving, or expanding the use of 
        technology in career and technical education that may 
        include--
                    (A) training of career and technical 
                education teachers, faculty, career guidance 
                and academic counselors, and administrators to 
                use technology, including distance learning;
                    (B) providing career and technical 
                education students with the academic and career 
                and technical skills (including the math and 
                science knowledge that provides a strong basis 
                for such skills) that lead to entry into 
                technology fields, including non-traditional 
                fields; or
                    (C) encouraging schools to collaborate with 
                technology industries to offer voluntary 
                internships and mentoring programs;
      (289) The House bill, but not the Senate, includes a new 
requirement that professional development include training on 
the integration and use of rigorous and challenging standards.
House and Senate recede with amendment to read as follows:
            (3) professional development programs, including 
        providing comprehensive professional development 
        (including initial teacher preparation) for career and 
        technical education teachers, faculty, administrators, 
        and career guidance and academic counselors at the 
        secondary and postsecondary levels, that support 
        activities described in section 122 and--
      (290a) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (290b) The Senate bill includes language on 
scientifically based research and effective practices to 
improve parental and community involvement.
Senate recedes with amendment to read as follows:
                    (A) provide in-service and preservice 
                training in career and technical education 
                programs--
                            (i) on effective integration and 
                        use of challenging academic and career 
                        and technical education provided 
                        jointly with academic teachers to the 
                        extent practicable;
                            (ii) on effective teaching skills 
                        based on research that includes 
                        promising practices;
                            (iii) on effective practices to 
                        improve parental and community 
                        involvement; and
                            (iv) on effective use of 
                        scientifically based research and data 
                        to improve instruction;
      Report Language: The Conferees believe that states should 
look to the appropriate scientifically based research to guide 
their professional development offerings in order to promote 
promising practices at the local level.
      (291) The House bill, but not the Senate bill, includes a 
new requirement that professional development activities be 
``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.''
House and Senate recede with amendment to read as follows:
                    (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;
                    (C) will help teachers and personnel to 
                improve student achievement in order to meet 
                the State adjusted levels of performance 
                established under section 113;
                    (D) 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 career and 
                technical education students to ensure that 
                teachers and personnel--
                            (i) stay current with the needs, 
                        expectations, and methods of industry;
                            (ii) can effectively develop 
                        rigorous and challenging, integrated 
                        academic and career and technical 
                        education curricula jointly with 
                        academic teachers, to the extent 
                        practicable;
                            (iii) develop a higher level of 
                        academic and industry knowledge and 
                        skills in career and technical 
                        education; and
                            (iv) effectively use applied 
                        learning that contributes to the 
                        academic and vocational and technical 
                        knowledge of the student; and
                    (E) are coordinated with the teacher 
                certification or licensing and professional 
                development activities that the State carries 
                out under title II of the Elementary and 
                Secondary Education Act of 1965 and title II of 
                the Higher Education Act of 1965;
      (292) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (293) The House bill, but not the Senate, provides for 
the provision of ``rigorous and challenging academics that are 
integrated with vocational and technical education to ensure 
achievement in the core academic subjects.''
House recedes with amendment to read as follows:
            (4) supporting career and technical education 
        programs that improve the academic and career and 
        technical skills of students participating in career 
        and technical education programs by strengthening the 
        academic and career and technical components of such 
        career and technical education programs through the 
        integration of coherent and relevant content aligned 
        with challenging academic standards and relevant career 
        and technical education to ensure achievement in--
                    (A) the core academic subjects (as defined 
                in section 9101 of the Elementary and Secondary 
                Education Act of 1965); and
                    (B) career and technical subjects;
      (294) The Senate bill, but not the House, includes the 
qualifying language: ``in emerging and established professions, 
and other activities that expose students, including special 
populations, to high skill, high wage occupation.''
House recedes with amendment to read as follows:
            (5) providing preparation for non-traditional 
        fields in current and emerging professions, and other 
        activities that expose students, including special 
        populations, to high skill, high wage occupations;
      (295) The Senate bill includes ``intermediaries.''
House recedes
      (296) The Senate bill uses the term ``career pathways,'' 
the House bill uses the term ``model sequence or courses.''
Senate recedes with amendment to read as follows:
            (6) supporting partnerships among local educational 
        agencies, institutions of higher education, adult 
        education providers, and, as appropriate, other 
        entities, such as employers, labor organizations, 
        intermediaries, parents, and local partnerships, to 
        enable students to achieve State academic standards, 
        and career and technical skills, or complete career and 
        technical programs of study, as described in section 
        122(c)(1)(A);
      (297) Identical provisions.
Legislative Counsel: similar or identical provision
      (298) Senate bill, but not the House, includes ``high 
demand occupations.''
House recedes
      (299) Identical provisions.
Legislative Counsel: similar or identical provision
      (300) Identical provisions.
Legislative Counsel: similar or identical provision
      (301) The Senate bill, but not the House bill, allows 
funds to be used to encourage students to graduate with a 
diploma or a degree, and expose student to high skill, high 
wage occupations and non-traditional fields in emerging and 
established professions.
House recedes with amendment to read as follows:
            (1) improvement of career guidance and academic 
        counseling programs that assist students in making 
        informed academic and career and technical education 
        decisions, including--
                    (A) encouraging secondary and postsecondary 
                students to graduate with a diploma or degree; 
                and
                    (B) exposing students to high skill, high 
                wage occupations and non-traditional fields;
      The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (302) Similar provisions. The Senate bill specifically 
mentions articulation agreements as a possible type of 
agreement.
House recedes
      (303) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (304) Identical provisions.
Legislative Counsel: similar or identical provision
      (305) The Senate bill combines this provision into 
paragraph (8) below.
House recedes
      (306) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (307) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (308) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (309) Identical provisions.
Legislative Counsel: similar or identical provision
      (310) The Senate bill allows partnerships between 
education and business intermediaries. The Senate bill provides 
for adjunct faculty arrangements at the secondary and 
postsecondary levels. The Senate bill includes cooperative 
education (see note 305).
House recedes
      (311) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      The Senate bill allows the development of new 
initiatives. The Senate bill includes career clusters, career 
academics, and distance learning. The Senate bill also 
emphasizes high skill, high wage, or high demand occupations.
House recedes with amendment to read as follows:
            (9) support to improve or develop new career and 
        technical education courses and initiatives, including 
        career clusters, career academies, and distance 
        education, that prepare individuals academically and 
        technically for high skill, high wage, or high demand 
        occupations;
      (312) The House bill includes preparation for current and 
emerging occupations in demand.
House recedes
      (313) The House bill, but not the Senate, stipulates 
requirements for the award of performance incentive grants 
beyond the requirements of section 113.
House and Senate recede with amendment to read as follows:
            (10) awarding incentive grants to eligible 
        recipients--
                    (A) for exemplary performance in carrying 
                out programs under this Act, which awards shall 
                be based on--
                            (i) eligible recipients exceeding 
                        the local adjusted levels of 
                        performance established under section 
                        113(b) in a manner that reflects 
                        sustained or significant improvement;
                            (ii) eligible recipients 
                        effectively developing connections 
                        between secondary education and 
                        postsecondary education and training;
                            (iii) the adoption and integration 
                        of coherent and rigorous content 
                        aligned with challenging academic 
                        standards and technical coursework;
                            (iv) eligible recipients' progress 
                        in having special populations who 
                        participate in career and technical 
                        education programs meet local adjusted 
                        levels of performance;
                            (v) other factors relating to the 
                        performance of the eligible recipient 
                        under this Act as the eligible agency 
                        determines are appropriate; or
                    (B) if an eligible recipient elects to use 
                funds as permitted under section 135(c)(19).
      (314) No similar provision is included in S. 250.
Senate recedes
      (315) The Senate bill, but not the House, provides for 
coordination with State Adult Basic Education and Family 
Literacy activities.
House recedes with amendment to read as follows:
            (12) providing career and technical education 
        programs for adults and school dropouts to complete 
        their secondary school education, in coordination, to 
        the extent practicable, with activities authorized 
        under the Adult Education and Family Literacy Act.
      (316) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (317) The Senate bill, but not the House bill, provides 
for collaboration with State workforce investment systems to 
help individuals find employment or continue their education or 
training.
House recedes with amendment to read as follows:
            (13) providing assistance to individuals, who have 
        participated in services and activities under this 
        title, in continuing individuals' education or training 
        or finding appropriate jobs, such as through referral 
        to the system established under section 121 of Public 
        Law 105-220 (29 U.S.C. 2801 et seq.);
      (318) No similar provision in included in H.R. 366.
House recedes with amendment to read as follows:
            (14) developing valid and reliable assessments of 
        technical skills;
      (319) No similar provision is included in H.R. 366.
House recedes
      (320) No similar provision is included in H.R. 366.
House recedes with amendment to read as follows:
            (17) support for occupational and employment 
        information resources, such as those described in 
        section 118.
      (321) No similar provision is included in H.R. 366.
Senate recedes
      (322) Similar provisions.
Senate recedes

                        PART C--LOCAL PROVISIONS

Sec. 131. Distribution of funds to secondary school programs
      (323) Identical provisions.
House and Senate recede with amendment to read as follows:
      (a) Distribution Rules.--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 to local 
educational agencies within the State as follows:
            (1) Thirty percent.--Thirty percent shall be 
        allocated to such local educational agencies in 
        proportion to the number of individuals aged 5 through 
        17, inclusive, who reside in the school district served 
        by such local educational agency for the preceding 
        fiscal year compared to the total number of such 
        individuals who reside in the school districts served 
        by all local educational agencies in the State for such 
        preceding fiscal year, as determined on the basis of 
        the most recent satisfactory--
                    (A) data provided to the Secretary by the 
                Bureau of the Census for the purpose of 
                determining eligibility under title I of the 
                Elementary and Secondary Education Act of 1965; 
                or
                    (B) student membership data collected by 
                the National Center for Education Statistics 
                through the Common Core of Data survey system.
            (2) Seventy percent.--Seventy percent shall be 
        allocated to such local educational agencies in 
        proportion to the number of individuals aged 5 through 
        17, inclusive, who reside in the school district served 
        by such local educational agency and are from families 
        below the poverty level for the preceding fiscal year, 
        as determined on the basis of the most recent 
        satisfactory data used under section 1124(c)(1)(A) of 
        the Elementary and Secondary Education Act of 1965, 
        compared to the total number of such individuals who 
        reside in the school districts served by all the local 
        educational agencies in the State for such preceding 
        fiscal year.
            (3) Adjustments.--Each eligible agency, in making 
        the allocations under paragraphs (1) and (2), shall 
        adjust the data used to make the allocations to--
                    (A) reflect any change in school district 
                boundaries that may have occurred since the 
                data were collected; and
                    (B) include local educational agencies 
                without geographical boundaries, such as 
                charter schools and secondary schools funded by 
                the Bureau of Indian Affairs.
      (324) Identical provisions.
Legislative Counsel: similar or identical provision
      (325) Identical provisions. The Senate bill changes the 
term ``vocational'' to ``career.''
Legislative Counsel: similar or identical provision
House recedes on ``career.''
      (326) Identical provisions.
Legislative Counsel: similar or identical provision
      (327) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (328) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (329) The Senate bill changes the term ``vocational'' to 
``career.'' Senate bill doesn't include ``d.''
House recedes on ``career.'' Senate recedes on (d)
      (330) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 132. Distribution of funds for postsecondary education career and 
        technical education programs
      (331) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (332) The Senate bill adds language related to technical 
skill proficiency, an industry-recognized credential, a 
certificate, or an associate's degree.
Senate recedes
      (333) Identical provisions.
Legislative Counsel: similar or identical provision
      (334) Identical provisions.
Legislative Counsel: similar or identical provision
      (335) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 133. Special rules for career and technical education
      (336) The Senate bill changes the term ``vocational'' to 
``career'' in the heading.
House recedes
      (337) The House bill, but not the Senate bill strikes 
this provision from current law.
House recedes
      (338) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (339) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
Sec. 134. Local plan for career and technical education programs
      (340) The Senate bill changes the term ``vocational'' to 
``career'' in the heading. The Senate bill, but not the House, 
includes workforce investment entities.
House recedes with amendment to read as follows:
      (a) Local Plan Required.--Any eligible recipient desiring 
financial assistance under this part shall, in accordance with 
requirements established by the eligible agency (in 
consultation with such other educational and training entities 
as the eligible agency determines to be appropriate) submit a 
local plan to the eligible agency. Such local plan shall cover 
the same period of time as the period of time applicable to the 
State plan submitted under section 122.
      (341) Identical provisions.
Legislative Counsel: similar or identical provision
      (342) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (343) Similar provisions. The House bill refers to 
``model sequences of courses.'' The Senate bill refers to 
``career pathways.''
Senate recedes with amendment to read as follows:
career and technical programs of study
      (344) The House bill includes the term ``rigorous.''
Senate recedes with amendment to read as follows:
                  (B) improve the academic and technical skills 
                of students participating in career and 
                technical education programs by strengthening 
                the academic and career and technical education 
                components of such programs through the 
                integration of coherent and rigorous content 
                aligned with challenging academic standards and 
                relevant career and technical education 
                programs to ensure learning in--
                          (i) the core academic subjects (as 
                        defined in section 9101 of the 
                        Elementary and Secondary Education Act 
                        of 1965); and
                             (ii) career and technical 
                        education subjects;
                    (C) provide students with strong experience 
                in, and understanding of, all aspects of an 
                industry;
                    (D) ensure that students who participate in 
                such career and technical education programs 
                are taught to the same coherent and rigorous 
                content aligned with challenging academic 
                standards as are taught to all other students;
      (345) The House bill defines core academic subjects as 
under ESEA.
Senate recedes with amendment to read as follows:
                    (E) encourage career and technical 
                education students at the secondary level to 
                enroll in rigorous and challenging courses in 
                core academic subjects (as defined in section 
                9101 of the Elementary and Secondary Education 
                Act of 1965);
      (346) The Senate bill refers to Section 122. The House 
bill requires a description of professional development 
activities that promote the integration of rigorous and 
challenging academic and technical education (including 
curriculum development).
Senate recedes with amendment to read as follows:
            (4) describe how comprehensive professional 
        development (including initial teacher preparation) for 
        career and technical, academic, guidance, and 
        administrative personnel will be provided that promotes 
        the integration of coherent and rigorous content 
        aligned with challenging academic standards and 
        relevant career and technical education (including 
        curriculum development);
      (347) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
    (348) The Senate bill includes faculty, principals, 
administrators, counselors, representatives of tech prep 
consortia, representatives of the local workforce investment 
board, representatives or the local development entity, and 
representatives of small business.
House recedes with amendment to read as follows:
            (5) describe how parents, students, academic and 
        career and technical education teachers, faculty, 
        administrators, career guidance and academic 
        counselors, representatives of tech prep consortia (if 
        applicable), representatives of the entities 
        participating in activities described in section 117 of 
        Public Law 105-220 (if applicable), representatives of 
        business (including small business) and industry, labor 
        organizations, representatives of special populations, 
        and other interested individuals are involved in the 
        development, implementation, and evaluation of career 
        and technical education programs assisted under this 
        title, and how such individuals and entities are 
        effectively informed about, and assisted in 
        understanding, the requirements of this title, 
        including career and technical programs of study;
      (349) The Senate bill specifically requires that all 
individuals and entities are informed about career pathways.
Senate recedes with amendment to read as follows:
 including career and technical programs of study;
      (350) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (351) Similar provisions. The House bill requires the 
performance of the eligible recipient to be independently 
evaluated.
House recedes
      (352) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (353) The Senate bill combines subparagraphs (B) and (C) 
of the House bill.
Senate recedes with amendment to read as follows for notes 353-355:
            (8) describe how the eligible recipient will--
                    (A) review career and technical education 
                programs, and identify and adopt strategies to 
                overcome barriers that result in lowering rates 
                of access to or lowering success in the 
                programs, for special populations;
                    (B) provide programs that are designed to 
                enable the special populations to meet the 
                local adjusted levels of performance; and
                    (C) provide activities to prepare special 
                populations, including single parents and 
                displaced homemakers, for high skill, high 
                wage, or high demand occupations that will lead 
                to self-sufficiency;
      (354) The House bill refers to State adjusted levels of 
performance. The Senate bill refers to local adjusted levels of 
performance.
Senate recedes with amendment to read as follows note 353.
      (355) The House bill specifically includes single parents 
and displaced homemakers.
Senate recedes with amendment to read as follows note 353.
      (356) Identical provisions.
Legislative Counsel: similar or identical provision
      (357) Similar provisions.
House recedes
      (358) The House bill repeats language similar to 
paragraph (4) above.
House recedes
      (359) No similar provision is included in H.R. 366.
House recedes with amendment to read as follows:
            (11) describe how career guidance and academic 
        counseling will be provided to career and technical 
        education students, including linkages to future 
        education and training opportunities; and
      (360) No similar provision is included in H.R. 366.
House and Senate recede with amendment to read as follows:
            (12) describe efforts to improve the recruitment 
        and retention of career and technical education 
        teachers, faculty, career guidance and academic 
        counselors, including individuals in groups 
        underrepresented in the teaching profession, and the 
        transition to teaching from business and industry.
Sec. 135. Local uses of funds
      (361) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (362a) The Senate bill specifies a coherent sequence of 
courses, such as career pathways, while the House bill gives 
specific mention to model sequences of courses.
Senate recedes with amendment to read as follows:
a coherent sequence of courses, such as career and technical 
programs of study described in
      (362b) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (363) Similar provisions. The Senate bill includes 
articulation agreements.
House recedes with amendment to read as follows for notes 363-365:
            (2) link career and technical education at the 
        secondary level and career and technical education at 
        the postsecondary level, including by offering the 
        relevant elements of not less than one career and 
        technical program of study described in section 
        122(c)(1)(A).
      (364) The Senate bill requires that the elements of not 
less than one career pathway be offered.
House recedes with amendment to read as follows note 363.
      (365) The House bill requires model sequences of courses 
to be offered.
House recedes with amendment to read as follows note 363.
      (366) The House bill includes requirements for tech prep 
activities under the required uses of funds. (The Senate 
includes provisions for tech prep in Part D of the Act. See 
note 412.)
House recedes
      (367) Identical provisions.
House and Senate recede with amendment to read as follows:
            (3) provide students with strong experience in and 
        understanding of all aspects of an industry, which may 
        include work-based learning experiences;
      (368a) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (368b) The House bill includes math and science 
education.
Senate recedes with amendment to read as follows:
            (4) develop, improve, or expand the use of 
        technology in career and technical education, which may 
        include--
      (369) The Senate bill deletes the reference to state-of-
the-art technology.
House recedes
      (370) The House bill includes providing students with the 
academic and vocational and technical skills leading to entry 
into high technology fields.
Senate recedes with amendment to read as follows:
                    (B) providing career and technical 
                education students with the academic and career 
                and technical skills (including the math and 
                science knowledge that provides a strong basis 
                for such skills) that lead to entry into the 
                technology fields; or
                    (C) encouraging schools to collaborate with 
                technology industries to offer voluntary 
                internships and mentoring programs, including 
                programs that improve the mathematics and 
                science knowledge of students;
      (371) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (372) The Senate bill specifically includes faculty and 
administrators.
House and Senate recede with amendment to read as follows note 377.
      (373) The Senate bill provides professional development 
for individuals involved in integrated career and technical 
education programs.
House and Senate recede with amendment to read as follows note 377.
      (374) The Senate bill deletes the reference to state-of-
the-art programs and techniques.
House recedes
      (375) The House bill includes the term rigorous and 
requires effective teaching skills to be based on 
scientifically based research.
House and Senate recede with amendment to read as follows note 377.
      (376) The House bill includes training to ensure teachers 
and personnel stay current with all aspects of industry while 
the Senate bill requires support of programs that provide 
information on all aspects of industry.
Senate recedes
      (377) The House bill includes the use and application of 
technology. The Senate bill includes the use of instructional 
technology.
House and Senate recede with amendment to read as follows for notes 
        372-377:
            (5) provide professional development programs that 
        are consistent with section 122 to secondary and 
        postsecondary teachers, faculty, administrators, and 
        career guidance and academic counselors who are 
        involved in integrated career and technical education 
        programs, including--
                    (A) in-service and preservice training on--
                            (i) effective integration and use 
                        of challenging academic and career and 
                        technical education provided jointly 
                        with academic teachers to the extent 
                        practicable;
                            (ii) effective teaching skills 
                        based on research that includes 
                        promising practices;
                            (iii) effective practices to 
                        improve parental and community 
                        involvement; and
                            (iv) effective use of 
                        scientifically based research and data 
                        to improve instruction;
                    (B) support of education programs for 
                teachers of career and technical education in 
                public schools and other public school 
                personnel who are involved in the direct 
                delivery of educational services to career and 
                technical education students, to ensure that 
                such teachers and personnel stay current with 
                all aspects of an industry;
                    (C) internship programs that provide 
                relevant business experience; and
                    (D) programs designed to train teachers 
                specifically in the effective use and 
                application of technology to improve 
                instruction;
      (378) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (379) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      The Senate bill includes the phrase ``including relevant 
technology.''
House recedes
      (380) Identical provisions.
Legislative Counsel: similar or identical provision
      (381) Similar provisions. The Senate bill includes high 
demand occupations.
Senate recedes with amendment to read as follows:
            (9) provide activities to prepare special 
        populations, including single parents and displaced 
        homemakers who are enrolled in career and technical 
        education programs, for high skill, high wage, or high 
        demand occupations that will lead to self-sufficiency.
      (382) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (383) The Senate bill permits funds to be used for 
counseling that is based on current labor market indicators.
House recedes with amendment to read as follows:
            (2) to provide career guidance and academic 
        counseling, which may include information described in 
        section 118, for students participating in career and 
        technical education programs that--
                    (A) improves graduation rates and provides 
                information on postsecondary and career 
                options, including baccalaureate degree 
                programs, for secondary students, which 
                activities may include the use of graduation 
                and career plans; and
                    (B) provides assistance for postsecondary 
                students, including for adult students who are 
                changing careers or updating skills;
      Report Language: A graduation and career plan is a 
written plan for a secondary career and technical education 
student that: is developed with career guidance and academic 
counseling or other professional staff, in consultation with 
parents, not later than in the first year of secondary school 
or upon enrollment in career and technical education; is 
reviewed annually and modified as needed; includes relevant 
information on secondary school requirements for graduating 
with a diploma, postsecondary education admission requirements 
and high skill, high wage, or high demand occupations and non-
traditional fields in current and emerging professions and 
labor market indicators; states the student's secondary school 
graduation goals, postsecondary education and training or 
employment goals; and identifies one or more career pathways 
that correspond to the goals.
      (384) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (385) The Senate bill permits funds to be used for 
counseling that improves graduation rates.
      House recedes (see note 383)
      (386) The Senate bill expands the use of funds to 
establish partnerships with eligible recipients and businesses, 
local workforce investment boards, or economic development 
entities. The Senate bill also provides for adjunct faculty 
arrangements and industry experience for teachers and faculty.
House and Senate recede with amendment to read as follows:
            (3) for local education and business (including 
        small business) partnerships, including for--
                    (A) work-related experiences for students, 
                such as internships, cooperative education, 
                school-based enterprises, entrepreneurship, and 
                job shadowing that are related to career and 
                technical education programs;
                    (B) adjunct faculty arrangements for 
                qualified industry professionals; and
                    (C) industry experience for teachers and 
                faculty;
      (387) Identical provisions.
Legislative Counsel: similar or identical provision
      (388) The House bill provides for qualified industry 
professionals to serve as postsecondary faculty.
House recedes (per note 386)
      (389) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (390) Identical provisions.
Legislative Counsel: similar or identical provision
      (391) The Senate bill, but not the House, provides for 
funds to support library resources.
Senate recedes with amendment to read as follows:
            (7) for leasing, purchasing, upgrading or adapting 
        equipment, including instructional aids and 
        publications (including support for library resources) 
        designed to strengthen and support academic and 
        technical skill achievement;
      (392) The House bill refers to instructional aids. The 
Senate bill refers to instructional equipment.
Senate recedes with amendment to read as follows note 391.
      (393) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (394) The Senate bill, but not the House, includes times 
and formats that are convenient and accessible for working 
students.
House recedes with amendment to read as follows:
            (9) to develop and expand postsecondary program 
        offerings at times and in formats that are accessible 
        for students (including working students) including 
        through the use of distance education;
      (395) The Senate bill refers to ``working students.''
House recedes with amendment to read as follows note 394.
      (396) No similar provision is included in H.R. 366.
House recedes
      (397) S. 250 includes entrepreneurship in (11).
Senate recedes
      (398) The House bill, but not the Senate, includes the 
development of model sequences of courses for consideration by 
the eligible agency and courses that prepare individuals 
academically and technically for 250.
Senate recedes with amendment to read as follows:
            (12) for improving or developing new career and 
        technical education courses including development of 
        new proposed career and technical programs of study for 
        consideration by the eligible agency and courses that 
        prepare individuals academically and technically for 
        high skill, high wage, or high demand occupations and 
        dual or concurrent enrollment opportunities by which 
        career and technical education students at the 
        secondary level could obtain postsecondary credit to 
        count towards an associate or baccalaureate degree;
      (399) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (400) The Senate bill refers to career pathways. The 
House bill refers to model sequences of courses.
Senate recedes with amendment to read as follows:
career and technical programs of study
      (401) No similar provision is included in H.R. 366.
House recedes
      (402) Identical provisions.
Legislative Counsel: similar or identical provision
      (403) The Senate bill changes the term ``vocational'' to 
``career'' and includes upgrading technical skills.
House recedes
      (404) The Senate bill, but not the House, includes 
continuing education or training through collaboration with the 
State workforce investment system.
House recedes with amendment to read as follows:
            (16) to provide assistance to individuals who have 
        participated in services and activities under this Act 
        in continuing their education or training or finding an 
        appropriate job, such as through referral to the system 
        established under section 121 of Public Law 105-220 (29 
        U.S.C. 2801 et seq.);
      (405) The Senate bill refers to ``individuals.'' The 
House bill refers to ``students.''
Senate recedes
      (406) The Senate bill, but not the House, includes 
mentoring and outreach.
Senate recedes with amendment to read as follows:
            (17) to support training and activities (such as 
        mentoring and outreach) in non-traditional fields;
      (407) No similar provision is included in S. 250.
House recedes
      Report Language: The Conferees recognize that special 
populations, including single parents and displaced homemakers, 
may need direct assistance to be able to participate 
successfully in career and technical education. These 
supportive services include such services as transportation, 
child care, dependent care, tuition, books, and supplies and 
other services necessary to enable an individual to participate 
in career and technical education activities. Consistent with 
administrative guidance and prior interpretations of the 
Perkins Act, the Conferees believe that eligible agencies and 
eligible recipients should retain the flexibility to provide 
direct assistance to special populations under certain, limited 
conditions.
      In providing direct assistance, recipients of the 
assistance must be individuals who are members of special 
populations who are participating in career and technical 
education activities that are consistent with the goals and 
purposes of the Perkins Act. Funds must be used to supplement, 
not supplant, assistance that is otherwise available from non-
Federal sources, and assistance may only be provided to an 
individual to the extent that it is needed to address barriers 
to the individual's successful participation in career and 
technical education.
      (408) No similar provision is included in S. 250.
House recedes
      (409) No similar provision is included in S. 250.
Senate recedes with amendment to read as follows:
            (18) to provide support for training programs in 
        automotive technologies;
      Report Language: In an acknowledgement of the expanding 
role of technology in numerous career and technical 
occupations, the conference report allows, as a permissive use 
of local funds, support for training programs in automotive 
technologies such as diesel retrofitting, hybrid, hydrogen, and 
alternative fuel.
      (410) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
House and Senate recede with amendment to read as follows: (tied to 
        notes 80 and 313)
            (19) to pool a portion of such funds with a portion 
        of funds available to not less than 1 other eligible 
        recipient for innovative initiatives, which may 
        include--
                    (A) improving the initial preparation and 
                professional development of career and 
                technical education teachers, faculty, 
                administrators, and counselors;
                    (B) establishing, enhancing, or supporting 
                systems for--
                            (i) accountability data collection 
                        under this Act; or
                            (ii) reporting data under this Act;
                    (C) implementing career and technical 
                programs of study described in section 
                122(c)(1)(A); or
                    (D) implementing technical assessments; and
            (20) to support other career and technical 
        education activities that are consistent with the 
        purpose of this Act.
      (411) Identical provisions.
Legislative Counsel: similar or identical provision

                     TITLE II--TECH PREP EDUCATION

      (412) The House bill, but not the Senate bill, repeals 
the tech prep program.
House and Senate recede with amendment to read as follows:

SEC. 201. 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 an 
allotment under this title shall submit, as part of its State 
plan under section 122, an application that--
            (1) describes how activities under this title will 
        be coordinated, to the extent practicable, with 
        activities described in the State plan submitted under 
        section 122; and
            (2) contains such information as the Secretary may 
        require.

SEC. 202. CONSOLIDATION OF FUNDS.

      (a) In General.--An eligible agency receiving an 
allotment under sections 111 and 201 may choose to consolidate 
all, or a portion of, funds received under section 201 with 
funds received under section 111 in order to carry out the 
activities described in the State plan submitted under section 
122.
      (b) Notification Requirement.--Each eligible agency that 
chooses to consolidate funds under this section shall notify 
the Secretary in the State plan submitted under section 122, of 
the eligible agency's decision to consolidate funds under this 
section.
      (c) Treatment of Consolidated Funds.--Funds consolidated 
under this section shall be considered as funds allotted under 
section 111 and shall be distributed in accordance with section 
112.

SEC. 203. TECH PREP PROGRAM.

      (a) Grant Program Authorized.--
            (1) In general.--From amounts made available to 
        each eligible agency under section 201, 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 programs described in subsection 
        (c). The grants shall be awarded to consortia between 
        or among--
                    (A) a local educational agency, an 
                intermediate educational agency, educational 
                service agency, or area career 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--
                            (I)(aa) offers a 2-year associate 
                        degree program, or a 2-year certificate 
                        program; and
                            (bb) is qualified as an institution 
                        of higher education pursuant to section 
                        102 of the Higher Education Act of 
                        1965, including--
                                    (AA) an institution 
                                receiving assistance under the 
                                Tribally Controlled College or 
                                University Assistance Act of 
                                1978 (25 U.S.C. 1801 et seq.); 
                                and
                                    (BB) a tribally controlled 
                                postsecondary career and 
                                technical institution; or
                            (II) offers a 2-year apprenticeship 
                        program that follows secondary 
                        education 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)(2) 
                        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) employers (including small businesses), 
                business intermediaries or labor organizations;
      (b) Duration.--Each consortium receiving a grant under 
this title 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 a program of study that--
                    (A) combines--
                            (i) at a minimum 2 years of 
                        secondary education (as determined 
                        under State law); with--
                            (ii)(I) a minimum of 2 years of 
                        postsecondary education in a 
                        nonduplicative, sequential course of 
                        study; or
                            (II) an apprenticeship program of 
                        not less than 2 years following 
                        secondary education instruction; and
                    (B) integrates academic and career and 
                technical education instruction, and utilizes 
                work-based and worksite learning experiences 
                where appropriate and available;
                    (C) provides technical preparation in a 
                career field, including high skill, high wage, 
                or high demand occupations;
                    (D) builds student competence in technical 
                skills and in core academic subjects (as 
                defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965), as 
                appropriate, through applied, contextual, and 
                integrated instruction, in a coherent sequence 
                of courses;
                    (E) leads to technical skill proficiency, 
                an industry-recognized credential, a 
                certificate, or a degree, in a specific career 
                field;
                    (F) leads to placement in high skill or 
                high wage employment, or to further education; 
                and
                    (G) utilizes career and technical education 
                programs of study, to the extent practicable;
            (3) include the development of tech prep programs 
        for both secondary and postsecondary, including 
        consortium, participants in the consortium that--
                    (A) meet academic standards developed by 
                the State;
                    (B) link secondary schools and 2-year 
                postsecondary institutions, and if possible and 
                practicable, 4-year institutions of higher 
                education through--
                            (i) nonduplicative sequences of 
                        courses in career fields;
                            (ii) the use of articulation 
                        agreements; and
                            (iii) the investigation of 
                        opportunities for tech prep secondary 
                        education students to enroll 
                        concurrently in secondary and 
                        postsecondary coursework;
                    (C) use, if appropriate and available, 
                work-based or worksite learning experiences in 
                conjunction with business and all aspects of an 
                industry; and
                    (D) use 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 professional development for 
        teachers, faculty and administrators that--
                    (A) supports effective implementation of 
                tech prep programs;
                    (B) supports joint training in the tech 
                prep consortium;
                    (C) supports the needs, expectations, and 
                methods of business and all aspects of an 
                industry;
                    (D) supports the use of contextual and 
                applied curricula, instruction, and assessment;
                    (E) supports the use and application of 
                technology; and
                    (F) assists in accessing and utilizing 
                data, information available pursuant to section 
                118, and information on student achievement, 
                including assessments;
            (5) include professional development 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, which may include the use 
                of graduation and career plans;
                    (C) provide information on related 
                employment opportunities;
                    (D) ensure that students are placed in 
                appropriate employment or further postsecondary 
                education;
                    (E) stay current with the needs, 
                expectations, and methods of business and all 
                aspects of an industry; and
                    (F) provide comprehensive career guidance 
                and academic counseling to participating 
                students, including special populations;
            (6) provide equal access, to the full range of 
        technical preparation programs (including 
        preapprenticeship programs), to individuals who are 
        members of special populations, including the 
        development of tech prep program services appropriate 
        to the needs of special populations;
            (7) provide for preparatory services that assist 
        participants in tech prep programs; and
            (8) coordinate with activities conducted under 
        title I.
      (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;
            (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;
            (4) improve career guidance and academic counseling 
        for participating students through the development and 
        implementation of graduation and career plans; and
            (5) develop curriculum that supports effective 
        transitions between secondary and postsecondary career 
        and technical education programs.
      (e) Performance Indicators and Accountability.--
            (1) In general.--Each consortium shall establish 
        and report to the eligible agency indicators of 
        performance for each tech prep program for which the 
        consortium receives a grant under this title. The 
        indicators of performance shall include the following:
                    (A) The number of secondary education and 
                postsecondary education tech prep students 
                served.
                    (B) The number and percent of secondary 
                education tech prep students enrolled in the 
                tech prep program who--
                            (i) enroll in postsecondary 
                        education;
                            (ii) enroll in postsecondary 
                        education in the same field or major as 
                        the secondary education tech prep 
                        students were enrolled at the secondary 
                        level;
                            (iii) complete a State or industry-
                        recognized certification or licensure;
                            (iv) successfully complete, as a 
                        secondary school student, courses that 
                        award postsecondary credit at the 
                        secondary level; and
                            (v) enroll in remedial mathematics, 
                        writing, or reading courses upon 
                        entering postsecondary education.
                    (C) The number and percent of postsecondary 
                education tech prep students who--
                            (i) are placed in a related field 
                        of employment not later than 12 months 
                        after graduation from the tech prep 
                        program;
                            (ii) complete a State or industry-
                        recognized certification or licensure;
                            (iii) complete a two-year degree or 
                        certificate program within the normal 
                        time for completion of such program;
                            (iv) complete a baccalaureate 
                        degree program within the normal time 
                        for completion of such program.
            (2) Number and percent.--For purposes of 
        subparagraphs (B) and (C) of paragraph (1), the numbers 
        and percentages shall be determined separately with 
        respect to each clause of each subparagraph.

SEC. 204. 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 6-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 under this title 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 
        or advanced 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 an area or 
        skill, including an emerging technology, in which there 
        is a significant workforce shortage based on the data 
        provided by the eligible entity in the State under 
        section 118;
            (5) demonstrate how tech prep programs will help 
        students meet high academic and employability 
        competencies; and
            (6) demonstrate success in, or provide assurances 
        of, coordination and integration with eligible 
        recipients described in part C of title I.
      (e) Performance Measures.--
            (1) In general.--Each consortium receiving a grant 
        under this title shall enter into an agreement with the 
        eligible agency to meet a minimum level of performance 
        for each of the performance indicators described in 
        sections 113(b) and 203(e).
            (2) Resubmission of application; termination of 
        funds.--An eligible agency--
                    (A) shall require consortia that do not 
                meet the performance levels described in 
                paragraph (1) for 3 consecutive years to 
                resubmit an application to the eligible agency 
                for a tech prep grant; and
                    (B) may choose to terminate the funding for 
                the tech prep program for a consortium that 
                does not meet the performance levels described 
                in paragraph (1) for 3 consecutive years, 
                including when the grants are made on the basis 
                of a formula determined by the eligible agency.
      (f) Equitable Distribution of Assistance.--In awarding 
grants under this title, the eligible agency shall ensure an 
equitable distribution of assistance between or among urban and 
rural participants in the consortium.

SEC. 205. REPORT.

      Each eligible agency that receives an allotment 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. 206. AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated to carry out this 
title such sums as may be necessary for fiscal year 2007 and 
each of the succeeding 5 fiscal years.

                     TITLE III--GENERAL PROVISIONS

               PART A--FEDERAL ADMINISTRATIVE PROVISIONS

Sec. 311. Fiscal requirements
      (413) Identical provisions.
Legislative Counsel: similar or identical provision
      (414) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (415) The Senate bill, but not the House, shifts the 
maintenance of effort to a three year rolling average.
Senate recedes
      Report Language: The conferees intend that the provisions 
described in section 211(b) be implemented in a manner that 
does not impose undue hardship on states as a function of how 
they administer and fund career and technical education 
programs.
      (416) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
      (417) The House bill, but not the Senate, defines 
``preceding fiscal year.''
House recedes
Sec. 312. Authority to make payments
      (418) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 313. Construction
      (419) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 314. Voluntary selection and participation
      (420) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
Sec. 315. Limitation for certain students
      (421) The Senate bill changes the term ``vocational'' to 
``career.''
House recedes
Sec. 316. Federal laws guaranteeing civil rights
      (422) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 317. Participation of private school personnel and children
      (423) The House bill, but not the Senate bill, includes 
provisions for the participation of private school children. 
The Senate bill retains and modifies the current law section on 
the participation of private school personnel. The House bill 
also incorporates participation of private school personnel 
into the new participation of private school children language.
House and Senate recede with amendment to read as follows:

SEC. 217. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND CHILDREN.

      (a) Personnel.--An eligible agency or eligible recipient 
that uses funds under this Act for in-service and preservice 
career and technical education professional development 
programs for career and technical education teachers, 
administrators, and other personnel shall, to the extent 
practicable, upon written request, permit the participation in 
such programs of career and technical education secondary 
teachers, administrators, and other personnel in nonprofit 
private schools offering career and technical secondary 
education programs located in the geographical area served by 
such agency or recipient.
      (b) Student Participation.--
            (1) Student participation.--Except as prohibited by 
        State or local law, an eligible recipient may, upon 
        written request, use funds made available under this 
        Act to provide for the meaningful participation, in 
        career and technical education programs and activities 
        receiving funding under this Act, of secondary school 
        students attending nonprofit private schools who reside 
        in the geographical area served by the eligible 
        recipient.
            (2) Consultation.--An eligible recipient shall 
        consult, upon written request, in a timely and 
        meaningful manner with representatives of nonprofit 
        private schools in the geographic area served by such 
        recipient under paragraph (1) regarding the meaningful 
        participation, in career and technical education 
        programs and activities receiving funding under this 
        Act, of secondary school students attending nonprofit 
        private schools.
      Report Language: The Conferees do not intend for the 
language in Sec. 217 (a) to preclude an eligible agency or 
eligible recipient from offering professional development 
programs to nonprofit private school personnel on their own 
initiative, without a written request from the nonprofit 
private school personnel.

                PART B--STATE ADMINISTRATIVE PROVISIONS

Sec. 321. Joint funding
      (424) Identical provisions.
Legislative Counsel: similar or identical provision
      (425) Identical provisions.
Legislative Counsel: similar or identical provision
      (426) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 322. Prohibition on use of funds to induce out-of-State relocation 
        of businesses
      (427) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 323. State administrative costs
      (428) Identical provisions.
Legislative Counsel: similar or identical provision
      (429) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 324. Limitation on federal regulations
      (430) Identical provisions.
Legislative Counsel: similar or identical provision
Sec. 325. Student assistance and other federal programs
      (431) Identical provisions.
Legislative Counsel: similar or identical provision
      (432) The Senate bill changes ``vocational'' to 
``career.''
House recedes

                                   Howard P. ``Buck'' McKeon,
                                   Mike Castle,
                                   Mark Souder,
                                   Tom Osborne,
                                   Marilyn Musgrave,
                                   George Miller,
                                   Lynn Woolsey,
                                   Ron Kind,
                                 Managers on the Part of the House.

                                   Michael B. Enzi,
                                   Judd Gregg,
                                   William H. Frist,
                                   Lamar Alexander,
                                   Richard M. Burr,
                                   Johnny Isakson,
                                   Mike DeWine,
                                   John Ensign,
                                   Orrin Hatch,
                                   Jeff Sessions,
                                   Pat Roberts,
                                   Ted Kennedy,
                                   Tom Harkin,
                                   Barbara A. Mikulski,
                                   Patty Murray,
                                   Jack Reed,
                                   Hillary Rodham Clinton,
                                Managers on the Part of the Senate.

                                  
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