[House Report 115-164]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-164
======================================================================
STRENGTHENING CAREER AND TECHNICAL EDUCATION FOR THE 21ST CENTURY ACT
_______
June 7, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Foxx, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2353]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 2353) to reauthorize the Carl D.
Perkins Career and Technical Education Act of 2006, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Career and Technical
Education for the 21st Century Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
Sec. 5. Table of contents of the Carl D. Perkins Career and Technical
Education Act of 2006.
Sec. 6. Purpose.
Sec. 7. Definitions.
Sec. 8. Transition provisions.
Sec. 9. Prohibitions.
Sec. 10. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
Part A--Allotment and Allocation
Sec. 110. Reservations and State allotment.
Sec. 111. Within State allocation.
Sec. 112. Accountability.
Sec. 113. National activities.
Sec. 114. Assistance for the outlying areas.
Sec. 115. Tribally controlled postsecondary career and technical
institutions.
Sec. 116. Occupational and employment information.
Part B--State Provisions
Sec. 121. State plan.
Sec. 122. Improvement plans.
Sec. 123. State leadership activities.
Part C--Local Provisions
Sec. 131. Local application for career and technical education
programs.
Sec. 132. Local uses of funds.
TITLE II--GENERAL PROVISIONS
Sec. 201. Federal and State administrative provisions.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 301. State responsibilities.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect
beginning on July 1, 2018.
SEC. 5. TABLE OF CONTENTS OF THE CARL D. PERKINS CAREER AND TECHNICAL
EDUCATION ACT OF 2006.
Section 1(b) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local application for career and technical education
programs.
``Sec. 135. Local uses of funds.
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel and children.
``Sec. 218. Limitation on Federal regulations.
``Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Student assistance and other Federal programs.''.
SEC. 6. PURPOSE.
Section 2 (20 U.S.C. 2301) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``academic and career and technical
skills'' and inserting ``academic knowledge and
technical and employability skills''; and
(B) by inserting ``and programs of study'' after
``technical education programs'';
(2) in paragraph (3), by striking ``, including tech prep
education''; and
(3) in paragraph (4), by inserting ``and programs of study''
after ``technical education programs''.
SEC. 7. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraphs (16), (23), (24), (25), (26), and
(32);
(2) by redesignating paragraphs (8), (9), (10), (11), (12),
(13), (14), (15), (17), (18), (19), (20), (21), (22), (27),
(28), (29), (30), (31), (33), and (34) as paragraphs (9), (10),
(13), (16), (17), (19), (20), (23), (25), (27), (28), (30),
(32), (35), (39), (40), (41), (44), (45), (46), and (47),
respectively;
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``5 different
occupational fields to individuals'' and inserting
``three different fields, especially in in-demand
industry sectors or occupations, that are available to
all students''; and
(B) in subparagraph (D), by striking ``not fewer than
5 different occupational fields'' and inserting ``not
fewer than three different occupational fields'';
(4) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``coherent and
rigorous content aligned with
challenging academic standards'' and
inserting ``content at the secondary
level aligned with the challenging
State academic standards adopted by a
State under section 1111(b)(1) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(1)), and at
the postsecondary level with the
rigorous academic content,'';
(II) by striking ``and skills'' and
inserting ``and skills,''; and
(III) by inserting ``, including in
in-demand industry sectors or
occupations'' before the semicolon at
the end;
(ii) in clause (ii), by striking ``, an
industry-recognized credential, a certificate,
or an associate degree'' and inserting ``or a
recognized postsecondary credential, which may
include an industry-recognized credential'';
and
(iii) in clause (iii), by striking ``and'' at
the end;
(B) in subparagraph (B)--
(i) by inserting ``, work-based, or other''
after ``competency-based'';
(ii) by striking ``contributes to the'' and
inserting ``supports the development of'';
(iii) by striking the period at the end and
inserting a semicolon; and
(iv) by striking ``general''; and
(C) by adding at the end the following:
``(C) to the extent practicable, coordinate between
secondary and postsecondary education programs, which
may include early college programs with articulation
agreements, dual or concurrent enrollment program
opportunities, or programs of study; and
``(D) may include career exploration at the high
school level or as early as the middle grades (as such
term is defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)).'';
(5) in paragraph (7)--
(A) in subparagraph (A), by striking ``(and parents,
as appropriate)'' and inserting ``(and, as appropriate,
parents and out-of-school youth)''; and
(B) in subparagraph (B), by striking ``financial
aid,'' and all that follows through the period at the
end and inserting ``financial aid, job training,
secondary and postsecondary options (including
baccalaureate degree programs), dual or concurrent
enrollment programs, work-based learning opportunities,
and support services.'';
(6) by inserting after paragraph (7) the following:
``(8) Career pathways.--The term `career pathways' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).'';
(7) by inserting after paragraph (10) (as so redesignated by
paragraph (2)) the following:
``(11) CTE concentrator.--The term `CTE concentrator' means--
``(A) at the secondary school level, a student served
by an eligible recipient who has--
``(i) completed three or more career and
technical education courses; or
``(ii) completed at least two courses in a
single career and technical education program
or program of study; or
``(B) at the postsecondary level, a student enrolled
in an eligible recipient who has--
``(i) earned at least 12 cumulative credits
within a career and technical education program
or program of study; or
``(ii) completed such a program if the
program encompasses fewer than 12 credits or
the equivalent in total.
``(12) CTE participant.--The term `CTE participant' means an
individual who completes not less than one course or earns not
less than one credit in a career and technical education
program or program of study of an eligible recipient.'';
(8) by inserting after paragraph (13) (as so redesignated by
paragraph (2)) the following:
``(14) Dual or concurrent enrollment.--The term `dual or
concurrent enrollment' has the meaning given the term in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(15) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).'';
(9) by inserting after paragraph (17) (as so redesignated by
paragraph (2)) the following:
``(18) Eligible entity.--The term `eligible entity' means a
consortium that--
``(A) shall include at least two of the following:
``(i) a local educational agency;
``(ii) an educational service agency;
``(iii) an eligible institution;
``(iv) an area career and technical education
school;
``(v) a State educational agency; or
``(vi) the Bureau of Indian Education;
``(B) may include a regional, State, or local public
or private organization, including a community-based
organization, one or more employers, or a qualified
intermediary; and
``(C) is led by an entity or partnership of entities
described in subparagraph (A).'';
(10) by amending paragraph (19) (as so redesignated by
paragraph (2)) to read as follows:
``(19) Eligible institution.--The term `eligible institution'
means--
``(A) a consortium of two or more of the entities
described in subparagraphs (B) through (F);
``(B) a public or nonprofit private institution of
higher education that offers and will use funds
provided under this title in support of career and
technical education courses that lead to technical
skill proficiency, an industry-recognized credential, a
certificate, or an associate degree;
``(C) a local educational agency providing education
at the postsecondary level;
``(D) an area career and technical education school
providing education at the postsecondary level;
``(E) 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.); or
``(F) an educational service agency.'';
(11) by adding after paragraph (20) (as so redesignated by
paragraph (2)) the following:
``(21) English learner.--The term `English learner' means--
``(A) a secondary school student who is an English
learner, as defined in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801);
or
``(B) an adult or an out-of-school youth who has
limited ability in speaking, reading, writing, or
understanding the English language and--
``(i) whose native language is a language
other than English; or
``(ii) who lives in a family environment in
which a language other than English is the
dominant language.
``(22) Evidence-based.--The term `evidence-based' has the
meaning given the term in section 8101(21)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)).'';
(12) by inserting after paragraph (23) (as so redesignated by
paragraph (2)) the following:
``(24) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).'';
(13) by inserting after paragraph (25) (as so redesignated by
paragraph (2)) the following:
``(26) Industry or sector partnership.--The term `industry or
sector partnership' has the meaning given the term in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).'';
(14) by inserting after paragraph (28) (as so redesignated by
paragraph (2)) the following:
``(29) Local workforce development board.--The term `local
workforce development board' means a local workforce
development board established under section 107 of the
Workforce Innovation and Opportunity Act.'';
(15) by inserting after paragraph (30) (as so redesignated by
paragraph (2)) the following:
``(31) Out-of-school youth.--The term `out-of-school youth'
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).'';
(16) by inserting after paragraph (32) (as so redesignated by
paragraph (2)) the following:
``(33) Paraprofessional.--The term `paraprofessional' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(34) Pay for success initiative.--The term `pay for success
initiative' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801), except that such term does not include an initiative
that--
``(A) reduces the special education or related
services that a student would otherwise receive under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.); or
``(B) otherwise reduces the rights of a student or
the obligations of an entity under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.),
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), or any other law.'';
(17) by inserting after paragraph (35) (as so redesignated by
paragraph (2)) the following:
``(36) Program of study.--The term `program of study' means a
coordinated, nonduplicative sequence of secondary and
postsecondary academic and technical content that--
``(A) incorporates challenging State academic
standards, including those adopted by a State under
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(1)), that--
``(i) address both academic and technical
knowledge and skills, including employability
skills; and
``(ii) are aligned with the needs of
industries in the economy of the State, region,
or local area;
``(B) progresses in specificity (beginning with all
aspects of an industry or career cluster and leading to
more occupational specific instruction);
``(C) has multiple entry and exit points that
incorporate credentialing; and
``(D) culminates in the attainment of a recognized
postsecondary credential.
``(37) Qualified intermediary.--The term `qualified
intermediary' means a non-profit entity that demonstrates
expertise to build, connect, sustain, and measure partnerships
with entities such as employers, schools, community-based
organizations, postsecondary institutions, social service
organizations, economic development organizations, and
workforce systems to broker services, resources, and supports
to youth and the organizations and systems that are designed to
serve youth, including--
``(A) connecting employers to classrooms;
``(B) assisting in the design and implementation of
career and technical education programs and programs of
study;
``(C) delivering professional development;
``(D) connecting students to internships and other
work-based learning opportunities; and
``(E) developing personalized student supports.
``(38) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).'';
(18) in paragraph (41) (as so redesignated by paragraph
(2))--
(A) in subparagraph (B), by striking ``foster
children'' and inserting ``youth who are in or have
aged out of the foster care system'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F), by striking ``individuals
with limited English proficiency.'' and inserting
``English learners;''; and
(D) by adding at the end the following:
``(G) homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a); and
``(H) youth with a parent who--
``(i) is a member of the armed forces (as
such term is defined in section 101(a)(4) of
title 10, United States Code); and
``(ii) is on active duty (as such term is
defined in section 101(d)(1) of such title).'';
(19) by inserting after paragraph (41) (as so redesignated by
paragraph (2)) the following:
``(42) Specialized instructional support personnel.--The term
`specialized instructional support personnel' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(43) Specialized instructional support services.--The term
`specialized instructional support services' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).'';
(20) in paragraph (45) (as so redesignated by paragraph (2))
by inserting ``(including paraprofessionals and specialized
instructional support personnel)'' after ``supportive
personnel''; and
(21) by adding at the end the following:
``(48) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(49) Work-based learning.--The term `work-based learning'
means sustained interactions with industry or community
professionals in real workplace settings, to the extent
practicable, or simulated environments at an educational
institution that foster in-depth, first-hand engagement with
the tasks required of a given career field, that are aligned to
curriculum and instruction.''.
SEC. 8. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Secretary determines to be
appropriate'' and inserting ``are necessary'';
(2) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' each place it appears and
inserting ``Strengthening Career and Technical Education for
the 21st Century Act''; and
(3) by striking ``1998'' and inserting ``2006''.
SEC. 9. PROHIBITIONS.
Section 8 (20 U.S.C. 2306a) is amended--
(1) in subsection (a), by striking ``Federal Government to
mandate,'' and all that follows through the period at the end
and inserting ``Federal Government--
``(1) to condition or incentivize the receipt of any grant,
contract, or cooperative agreement, or the receipt of any
priority or preference under such grant, contract, or
cooperative agreement, upon a State, local educational agency,
eligible agency, eligible recipient, eligible entity, or
school's adoption or implementation of specific instructional
content, academic standards and assessments, curricula, or
program of instruction (including any condition, priority, or
preference to adopt the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
academic standards common to a significant number of States, or
any assessment, instructional content, or curriculum aligned to
such standards);
``(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State, local
educational agency, eligible agency, eligible recipient,
eligible entity, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction (including any requirement, direction, or mandate
to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative, any other academic
standards common to a significant number of States, or any
assessment, instructional content, or curriculum aligned to
such standards); and
``(3) except as required under sections 112(b), 211(b), and
223--
``(A) to mandate, direct, or control the allocation
of State or local resources; or
``(B) to mandate that a State or a political
subdivision of a State spend any funds or incur any
costs not paid for under this Act.''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are to be authorized to be appropriated to carry out this Act
(other than sections 114 and 117)--
``(1) $1,133,002,074 for fiscal year 2018;
``(2) $1,148,618,465 for fiscal year 2019;
``(3) $1,164,450,099 for fiscal year 2020;
``(4) $1,180,499,945 for fiscal year 2021;
``(5) $1,196,771,008 for fiscal year 2022; and
``(6) $1,213,266,339 for fiscal year 2023.''.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 110. RESERVATIONS AND STATE ALLOTMENT.
Paragraph (5) of section 111(a) (20 U.S.C. 2321(a)) is amended--
(1) in subparagraph (A), by striking ``No State'' and
inserting ``For each of fiscal years 2018, 2019, and 2020, no
State'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A), as amended by
paragraph (1), the following:
``(B) Fiscal year 2021 and each succeeding fiscal
year.--For fiscal year 2021 and each of the succeeding
fiscal years, no State shall receive an allotment under
this section for a fiscal year that is less than 90
percent of the allotment the State received under this
section for the preceding fiscal year.''; and
(4) in subparagraph (C), as redesignated by paragraph (2), by
striking ``subparagraph (A)'' and inserting ``subparagraph (A)
or (B)''.
SEC. 111. WITHIN STATE ALLOCATION.
Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``15 percent'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``1 percent'' and
inserting ``2 percent''; and
(II) by striking ``State correctional
institutions and institutions'' and
inserting ``State correctional
institutions, juvenile justice
facilities, and educational
institutions''; and
(ii) in subparagraph (B), by striking
``available for services'' and inserting
``available to assist eligible recipients in
providing services''; and
(C) in paragraph (3)(B), by striking ``a local
plan;'' and inserting ``local applications;''; and
(2) in subsection (c), by striking ``section 135'' and all
that follows through the end and inserting ``section 135--
``(1) in--
``(A) rural areas;
``(B) areas with high percentages of CTE
concentrators or CTE participants; and
``(C) areas with high numbers of CTE concentrators or
CTE participants; and
``(2) in order to--
``(A) foster innovation through the identification
and promotion of promising and proven career and
technical education programs, practices, and
strategies, which may include practices and strategies
that prepare individuals for nontraditional fields; or
``(B) promote the development, implementation, and
adoption of programs of study or career pathways
aligned with State-identified in-demand occupations or
industries.''.
SEC. 112. ACCOUNTABILITY.
Section 113 (20 U.S.C. 2323) is amended--
(1) in subsection (a), by striking ``comprised of the
activities'' and inserting ``comprising the activities'';
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and redesignating subparagraph (C) as subparagraph (B);
(B) in paragraph (1)(B), as so redesignated, by
striking ``, and State levels of performance described
in paragraph (3)(B) for each additional indicator of
performance''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Indicators of performance.--
``(A) Core indicators of performance for cte
concentrators at the secondary level.--Each eligible
agency shall identify in the State plan core indicators
of performance for CTE concentrators at the secondary
level that are valid and reliable, and that include, at
a minimum, measures of each of the following:
``(i) The percentage of CTE concentrators who
graduate high school, as measured by--
``(I) the four-year adjusted cohort
graduation rate (defined in section
8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
7801)); and
``(II) at the State's discretion, the
extended-year adjusted cohort
graduation rate defined in such section
8101 (20 U.S.C. 7801).
``(ii) CTE concentrator attainment of
challenging State academic standards adopted by
the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1)), and measured by the
academic assessments described in section
1111(b)(2) of such Act (20 U.S.C. 6311(b)(2)).
``(iii) The percentage of CTE concentrators
who, in the second quarter following the
program year after exiting from secondary
education, are in postsecondary education or
advanced training, military service, or
unsubsidized employment.
``(iv) Not less than one indicator of career
and technical education program quality that--
``(I) shall include, not less than
one of the following--
``(aa) the percentage of CTE
concentrators, as defined in
section 3(11)(A)(ii),
graduating from high school
having attained recognized
postsecondary credentials;
``(bb) the percentage of CTE
concentrators, as defined in
section 3(11)(A)(ii),
graduating from high school
having attained postsecondary
credits in the relevant career
and technical educational
program or program of study
earned through dual and
concurrent enrollment or
another credit transfer
agreement; or
``(cc) the percentage of CTE
concentrators, as defined in
section 3(11)(A)(ii),
graduating from high school
having participated in work-
based learning; and
``(II) may include any other measure
of student success in career and
technical education that is statewide,
valid, and reliable.
``(v) The percentage of CTE concentrators, as
defined in section 3(11)(A)(ii), in career and
technical education programs and programs of
study that lead to nontraditional fields.
``(B) Core indicators of performance for cte
concentrators at the postsecondary level.--Each
eligible agency shall identify in the State plan core
indicators of performance for CTE concentrators at the
postsecondary level that are valid and reliable, and
that include, at a minimum, measures of each of the
following:
``(i) The percentage of CTE concentrators,
who, during the second quarter after program
completion, are in education or training
activities, advanced training, or unsubsidized
employment.
``(ii) The median earnings of CTE
concentrators in unsubsidized employment two
quarters after program completion.
``(iii) The percentage of CTE concentrators
who receive a recognized postsecondary
credential during participation in or within 1
year of program completion.
``(iv) The percentage of CTE concentrators in
career and technical education programs and
programs of study that lead to nontraditional
fields.
``(C) Alignment of performance indicators.--In
developing core indicators of performance under
subparagraphs (A) and (B), an eligible agency shall, to
the greatest extent possible, align the indicators so
that substantially similar information gathered for
other State and Federal programs, or for any other
purpose, may be used to meet the requirements of this
section.'';
(D) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) State adjusted levels of performance for core
indicators of performance.--
``(i) In general.--Each eligible agency, with
input from eligible recipients, shall establish
and identify in the State plan submitted under
section 122, for the first 2 program years
covered by the State plan, State 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) be sufficiently ambitious to
allow for meaningful evaluation of
program quality.
``(ii) State adjusted levels of performance
for subsequent years.--Prior to the third
program year covered by the State plan, each
eligible agency shall revise the State levels
of performance for each of the core indicators
of performance for the subsequent program years
covered by the State plan, taking into account
the extent to which such levels of performance
promote meaningful program improvement on such
indicators. The State adjusted levels of
performance identified 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.
``(iii) Reporting.--The eligible agency
shall, for each year described in clauses (i)
and (iii), publicly report and widely
disseminate the State levels of performance
described in this subparagraph.
``(iv) Revisions.--If unanticipated
circumstances arise in a State, the eligible
agency may revise the State adjusted levels of
performance required under this subparagraph,
and submit such revised levels of performance
with evidence supporting the revision and
demonstrating public consultation, in a manner
consistent with the procedure described in
subsections (d) and (f) of section 122.'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Actual levels of performance.--At the end of
each program year, the eligible agency shall determine
actual levels of performance on each of the core
indicators of performance and publicly report and
widely disseminate the actual levels of performance
described in this subparagraph.''; and
(iii) by adding at the end the following:
``(C) Establishment of levels of performance.--An
eligible agency shall establish State levels of
performance under subparagraph (A) in a manner
consistent with the procedure adopted by the eligible
agency under section 122(d)(9).''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)(I), by striking
``consistent with the State levels of
performance established under paragraph
(3), so as'' and inserting ``consistent
with the form expressed in the State
levels, so as'';
(II) by striking clause (i)(II) and
inserting the following:
``(II) be sufficiently ambitious to
allow for meaningful evaluation of
program quality.'';
(III) in clause (iv)--
(aa) by striking ``third and
fifth program years'' and
inserting ``third program
year''; and
(bb) by striking
``corresponding'' before
``subsequent program years'';
(IV) in clause (v)--
(aa) by striking ``and'' at
the end of subclause (I);
(bb) by redesignating
subclause (II) as subclause
(III);
(cc) by inserting after
subclause (I) the following:
``(II) local economic conditions;'';
(dd) in subclause (III), as
so redesignated, by striking
``promote continuous
improvement on the core
indicators of performance by
the eligible recipient.'' and
inserting ``advance the
eligible recipient's
accomplishments of the goals
set forth in the local
application; and''; and
(ee) by adding at the end the
following:
``(IV) the eligible recipient's
ability and capacity to collect and
access valid, reliable, and cost
effective data.'';
(V) in clause (vi), by inserting ``or
changes occur related to improvements
in data or measurement approaches,''
after ``factors described in clause
(v),''; and
(VI) by adding at the end the
following:
``(vii) Reporting.--The eligible recipient
shall, for each year described in clauses (iii)
and (iv), publicly report the local levels of
performance described in this subparagraph.'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B); and
(iii) in clause (ii)(I) of subparagraph (B),
as so redesignated--
(I) by striking ``section
1111(h)(1)(C)(i)'' and inserting
``section 1111(h)(1)(C)(ii)''; and
(II) by striking ``section 3(29)''
and inserting ``section 3(40)''; and
(3) in subsection (c)--
(A) in the heading, by inserting ``State'' before
``Report'';
(B) in paragraph (1)(B), by striking ``information on
the levels of performance achieved by the State with
respect to the additional indicators of performance,
including the'' and inserting ``the''; and
(C) in paragraph (2)(A)--
(i) by striking ``categories'' and inserting
``subgroups'';
(ii) by striking ``section 1111(h)(1)(C)(i)''
and inserting ``section 1111(h)(1)(C)(ii)'';
and
(iii) by striking ``section 3(29)'' and
inserting ``section 3(40)''.
SEC. 113. NATIONAL ACTIVITIES.
Section 114 (20 U.S.C. 2324) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``The Secretary shall'' the
first place it appears and inserting ``The
Secretary shall, in consultation with the
Director of the Institute for Education
Sciences,''; and
(ii) by inserting ``from eligible agencies
under section 113(c)'' after ``pursuant to this
title''; and
(B) by striking paragraph (3);
(2) by amending subsection (b) to read as follows:
``(b) Reasonable Cost.--The Secretary shall take such action as may
be necessary to secure at reasonable cost the information required by
this title. To ensure reasonable cost, the Secretary, in consultation
with the National Center for Education Statistics and the Office of
Career, Technical, and Adult Education shall determine the methodology
to be used and the frequency with which such information is to be
collected.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``may'' and inserting
``shall'';
(ii) by striking ``, directly or through
grants, contracts, or cooperative agreements,''
and inserting ``directly or through grants'';
and
(iii) by striking ``and assessment''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``,
acting through the Director of the Institute
for Education Sciences,'' after ``describe how
the Secretary''; and
(ii) in subparagraph (C), by inserting ``, in
consultation with the Director of the Institute
for Education Sciences,'' after ``the
Secretary'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``, acting through
the Director of the Institute for
Education Sciences,'' after ``The
Secretary'';
(II) by inserting ``and the plan
developed under subsection (c)'' after
``described in paragraph (2)''; and
(III) by striking ``assessment'' each
place such term appears and inserting
``evaluation''; and
(ii) in subparagraph (B)--
(I) in clause (v), by striking ``;
and'' and inserting a semicolon;
(II) in clause (vi), by striking the
period at the end and inserting ``,
which may include individuals with
expertise in addressing inequities in
access to, and in opportunities for
academic and technical skill
attainment; and''; and
(III) by adding at the end the
following:
``(vii) representatives of special
populations.'';
(B) in paragraph (2)--
(i) in the heading, by striking ``and
assessment'';
(ii) in subparagraph (A)--
(I) by inserting ``, acting through
the Director of the Institute for
Education Sciences,'' after ``the
Secretary'';
(II) by striking ``an independent
evaluation and assessment'' and
inserting ``a series of research and
evaluation initiatives for each year
for which funds are appropriated to
carry out this Act, which are aligned
with the plan in subsection (c)(2),'';
(III) by striking ``Carl D. Perkins
Career and Technical Education
Improvement Act of 2006'' and inserting
``Strengthening Career and Technical
Education for the 21st Century Act'';
(IV) by striking ``, contracts, and
cooperative agreements that are'' and
inserting ``to institutions of higher
education or a consortia of one or more
institutions of higher education and
one or more private nonprofit
organizations or agencies''; and
(V) by adding at the end the
following: ``Such evaluation shall,
whenever possible, use the most recent
data available.''; and
(iii) by amending subparagraph (B) to read as
follows:
``(B) Contents.--The evaluation required under
subparagraph (A) shall include descriptions and
evaluations of--
``(i) the extent and success of the
integration of challenging State academic
standards adopted under 1111(b)(1) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1)) 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 that receive a regular high school
diploma, as such term is defined under section
8101 of the Elementary and Secondary Education
Act of 1965 or a State-defined alternative
diploma described in section
8101(25)(A)(ii)(I)(bb) of such Act (20 U.S.C.
7801(25)(A)(ii)(I)(bb)));
``(ii) the extent to which career and
technical education programs and programs of
study prepare students, including special
populations, for subsequent employment in high-
skill, high-wage occupations (including those
in which mathematics and science, which may
include computer science, skills are critical),
or for participation in postsecondary
education;
``(iii) employer involvement in, benefit
from, and satisfaction with, career and
technical education programs and programs of
study and career and technical education
students' preparation for employment;
``(iv) efforts to expand access to career and
technical education programs of study for all
students;
``(v) innovative approaches to work-based
learning programs that increase participation
and alignment with employment in high-growth
industries, including in rural and low-income
areas;
``(vi) the extent to which career and
technical education programs supported by this
Act are grounded on evidence-based research;
``(vii) the impact of the amendments to this
Act made under the Strengthening Career and
Technical Education for the 21st Century Act,
including comparisons, where appropriate, of--
``(I) the use of the comprehensive
needs assessment under section 134(b);
``(II) the implementation of programs
of study; and
``(III) coordination of planning and
program delivery with other relevant
laws, including the Workforce
Innovation and Opportunity Act (29
U.S.C. 3101 et seq.) and the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
``(viii) changes in career and technical
education program accountability as described
in section 113 and any effects of such changes
on program delivery and program quality; and
``(ix) changes in student enrollment
patterns.''; and
(iv) in subparagraph (C)--
(I) in clause (i)--
(aa) by inserting ``, in
consultation with the Director
of the Institute for Education
Sciences,'' after ``The
Secretary'';
(bb) in subclause (I)--
(AA) by striking
``assessment'' and
inserting ``evaluation
and summary of research
activities carried out
under this section'';
and
(BB) by striking
``2010'' and inserting
``2021''; and
(cc) in subclause (II)--
(AA) by striking
``assessment'' and
inserting ``evaluation
and summary of research
activities carried out
under this section'';
and
(BB) by striking
``2011'' and inserting
``2023''; and
(II) by adding after clause (ii) the
following:
``(iii) Dissemination.--In addition to
submitting the reports required under clause
(i), the Secretary shall disseminate the
results of the evaluation widely and on a
timely basis in order to increase the
understanding among State and local officials
and educators of the effectiveness of programs
and activities supported under the Act and of
the career and technical education programs
that are most likely to produce positive
educational and employment outcomes.''; and
(C) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3) Innovation.--
``(A) Grant program.--To identify and support
evidence-based and innovative strategies and activities
to improve career and technical education and align
workforce skills with labor market needs as part of the
plan developed under subsection (c) and the
requirements of this subsection, the Secretary may
award grants to eligible entities to--
``(i) create, develop, implement, or take to
scale evidence-based, field initiated
innovations, including through a pay for
success initiative, to improve student outcomes
in career and technical education; and
``(ii) rigorously evaluate such innovations.
``(B) Matching funds.--
``(i) Matching funds required.--Except as
provided under clause (ii), to receive a grant
under this paragraph, an eligible entity shall,
through cash or in-kind contributions, provide
matching funds from public or private sources
in an amount equal to at least 50 percent of
the funds provided under such grant.
``(ii) Exception.--The Secretary may waive
the matching fund requirement under clause (i)
if the eligible entity demonstrates exceptional
circumstances.
``(C) Application.--To receive a grant under this
paragraph, an eligible entity shall submit to the
Secretary at such a time as the Secretary may require,
an application that--
``(i) identifies and designates the agency,
institution, or school responsible for the
administration and supervision of the program
assisted under this paragraph;
``(ii) identifies the source and amount of
the matching funds required under subparagraph
(B)(i);
``(iii) describes how the eligible entity
will use the grant funds, including how such
funds will directly benefit students, including
special populations, served by the eligible
entity;
``(iv) describes how the program assisted
under this paragraph will be coordinated with
the activities carried out under section 124 or
135;
``(v) describes how the program assisted
under this paragraph aligns with the single
plan described in subsection (c); and
``(vi) describes how the program assisted
under this paragraph will be evaluated and how
that evaluation may inform the report described
in subsection (d)(2)(C).
``(D) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
applications from eligible entities that will
predominantly serve students from low-income families.
``(E) Geographic diversity.--
``(i) In general.--In awarding grants under
this paragraph, the Secretary shall award no
less than 25 percent of the total available
funds for any fiscal year to eligible entities
proposing to fund career and technical
education activities that serve--
``(I) a local educational agency with
an urban-centric district locale code
of 32, 33, 41, 42, or 43, as determined
by the Secretary;
``(II) an institution of higher
education primarily serving the one or
more areas served by such a local
educational agency;
``(III) a consortium of such local
educational agencies or such
institutions of higher education;
``(IV) a partnership between--
``(aa) an educational service
agency or a nonprofit
organization; and
``(bb) such a local
educational agency or such an
institution of higher
education; or
``(V) a partnership between--
``(aa) a grant recipient
described in subclause (I) or
(II); and
``(bb) a State educational
agency.
``(ii) Exception.--Notwithstanding clause
(i), the Secretary shall reduce the amount of
funds made available under such clause if the
Secretary does not receive a sufficient number
of applications of sufficient quality.
``(F) Uses of funds.--An eligible entity that is
awarded a grant under this paragraph shall use the
grant funds, in a manner consistent with subparagraph
(A)(i), to--
``(i) improve career and technical education
outcomes of students served by eligible
entities under this title;
``(ii) improve career and technical education
teacher effectiveness;
``(iii) improve the transition of students
from secondary education to postsecondary
education or employment;
``(iv) improve the incorporation of
comprehensive work-based learning into career
and technical education;
``(v) increase the effective use of
technology within career and technical
education programs;
``(vi) support new models for integrating
academic content and career and technical
education content in such programs;
``(vii) support the development and
enhancement of innovative delivery models for
career and technical education;
``(viii) work with industry to design and
implement courses or programs of study aligned
to labor market needs in new or emerging
fields;
``(ix) integrate science, technology,
engineering, and mathematics fields, including
computer science education, with career and
technical education;
``(x) support innovative approaches to career
and technical education by redesigning the high
school experience for students, which may
include evidence-based transitional support
strategies for students who have not met
postsecondary education eligibility
requirements;
``(xi) improve CTE concentrator employment
outcomes in nontraditional fields; or
``(xii) support the use of career and
technical education programs and programs of
study in a coordinated strategy to address
identified employer needs and workforce
shortages, such as shortages in the early
childhood, elementary school, and secondary
school education workforce.
``(G) Evaluation.--Each eligible entity receiving a
grant under this paragraph shall provide for an
independent evaluation of the activities carried out
using such grant and submit to the Secretary an annual
report that includes--
``(i) a description of how funds received
under this paragraph were used;
``(ii) the performance of the eligible entity
with respect to, at a minimum, the performance
indicators described under section 113, as
applicable, and disaggregated by--
``(I) subgroups of students described
in section 1111(c)(2)(B) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(c)(2)(B));
``(II) special populations; and
``(III) as appropriate, each career
and technical education program and
program of study; and
``(iii) a quantitative analysis of the
effectiveness of the project carried out under
this paragraph.''; and
(5) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $7,523,285 for fiscal year 2018;
``(2) $7,626,980 for fiscal year 2019;
``(3) $7,732,104 for fiscal year 2020;
``(4) $7,838,677 for fiscal year 2021;
``(5) $7,946,719 for fiscal year 2022; and
``(6) $8,056,251 for fiscal year 2023.''.
SEC. 114. ASSISTANCE FOR THE OUTLYING AREAS.
Section 115 (20 U.S.C. 2325) is amended--
(1) in subsection (a)(3), by striking ``subject to subsection
(d)'' and inserting ``subject to subsection (b)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
SEC. 115. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.
Section 117(i) (20 U.S.C. 2327(i)) is amended to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $8,400,208 for fiscal year 2018;
``(2) $8,515,989 for fiscal year 2019;
``(3) $8,633,367 for fiscal year 2020;
``(4) $8,752,362 for fiscal year 2021;
``(5) $8,872,998 for fiscal year 2022; and
``(6) $8,995,296 for fiscal year 2023.''.
SEC. 116. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118 (20 U.S.C. 2328) is repealed.
PART B--STATE PROVISIONS
SEC. 121. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``6-year period'' and
inserting ``4-year period''; and
(ii) by striking ``Carl D. Perkins Career and
Technical Education Improvement Act of 2006''
and inserting ``Strengthening Career and
Technical Education for the 21st Century Act'';
(B) in paragraph (2)(B), by striking ``6-year
period'' and inserting ``4-year period''; and
(C) in paragraph (3), by striking ``(including
charter school'' and all that follows through ``and
community organizations)'' and inserting ``(including
teachers, faculty, specialized instructional support
personnel, paraprofessionals, school leaders,
authorized public chartering agencies, and charter
school leaders, consistent with State law, employers,
labor organizations, parents, students, and community
organizations)''; and
(2) by amending subsections (b), (c), (d), and (e) to read as
follows:
``(b) Options for Submission of State Plan.--
``(1) Combined plan.--The eligible agency may submit a
combined plan that meets the requirements of this section and
the requirements of section 103 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113), unless the eligible agency
opts to submit a single plan under paragraph (2) and informs
the Secretary of such decision.
``(2) Single plan.--If the eligible agency elects not to
submit a combined plan as described in paragraph (1), such
eligible agency shall submit a single State plan.
``(c) Plan Development.--
``(1) In general.--The eligible agency shall--
``(A) develop the State plan in consultation with--
``(i) representatives of secondary and
postsecondary career and technical education
programs, including eligible recipients and
representatives of 2-year Minority-Serving
Institutions and Historically Black Colleges
and Universities in States where such
institutions are in existence, and charter
school representatives in States where such
schools are in existence, which shall include
teachers, faculty, school leaders, specialized
instructional support personnel (including
guidance counselors), and paraprofessionals;
``(ii) interested community representatives,
including parents and students;
``(iii) the State workforce development board
described in section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3111);
``(iv) representatives of special
populations;
``(v) representatives of business and
industry (including representatives of small
business), which shall include representatives
of industry and sector partnerships in the
State, as appropriate, and representatives of
labor organizations in the State;
``(vi) representatives of agencies serving
out-of-school youth, homeless children and
youth, and at-risk youth; and
``(vii) representatives of Indian tribes
located in the State; and
``(B) consult the Governor of the State, and the
heads of other State agencies with authority for career
and technical education programs that are not the
eligible agency, with respect to the development of the
State plan.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access
to information needed to use such procedures, to allow the
individuals and entities described in paragraph (1) to
participate in State and local decisions that relate to
development of the State plan.
``(d) Plan Contents.--The State plan shall include--
``(1) a summary of State-supported workforce development
activities (including education and training) in the State,
including the degree to which the State's career and technical
education programs and programs of study are aligned with such
activities;
``(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including special
populations) and for meeting the skilled workforce needs of
employers, including in-demand industry sectors and occupations
as identified by the State, and how the State's career and
technical education programs will help to meet these goals;
``(3) a summary of the strategic planning elements of the
unified State plan required under section 102(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3112(b)(1)), including the elements related to system alignment
under section 102(b)(2)(B) of such Act (29 U.S.C.
3112(b)(2)(B));
``(4) a description of the career and technical education
programs or programs of study that will be supported,
developed, or improved, including descriptions of--
``(A) the programs of study to be developed at the
State level and made available for adoption by eligible
recipients;
``(B) the process and criteria to be used for
approving locally developed programs of study or career
pathways, including how such programs address State
workforce development and education needs; and
``(C) how the eligible agency will--
``(i) make information on approved programs
of study and career pathways, including career
exploration, work-based learning opportunities,
dual and concurrent enrollment opportunities,
and guidance and advisement resources,
available to students and parents;
``(ii) ensure nonduplication of eligible
recipients' development of programs of study
and career pathways;
``(iii) determine alignment of eligible
recipients' programs of study to the State,
regional or local economy, including in-demand
fields and occupations identified by the State
workforce development board as appropriate;
``(iv) provide equal access to activities
assisted under this Act for special
populations;
``(v) coordinate with the State workforce
board to support the local development of
career pathways and articulate processes by
which career pathways will be developed by
local workforce development boards;
``(vi) use State, regional, or local labor
market data to align career and technical
education with State labor market needs;
``(vii) support effective and meaningful
collaboration between secondary schools,
postsecondary institutions, and employers,
which may include the development of
articulation agreements described in section
124(b)(3); and
``(viii) improve outcomes for CTE
concentrators, including those who are members
of special populations;
``(5) a description of the criteria and process for how the
eligible agency will approve eligible recipients for funds
under this Act, including how--
``(A) each eligible recipient will promote academic
achievement;
``(B) each eligible recipient will promote skill
attainment, including skill attainment that leads to a
recognized postsecondary credential; and
``(C) each eligible recipient will ensure the local
needs assessment under section 134 takes into
consideration local economic and education needs,
including where appropriate, in-demand industry sectors
and occupations;
``(6) a description of how the eligible agency will support
the recruitment and preparation of teachers, including special
education teachers, faculty, administrators, specialized
instructional support personnel, and paraprofessionals to
provide career and technical education instruction, leadership,
and support;
``(7) a description of how the eligible agency will use State
leadership funding to meet the requirements of section 124(b);
``(8) a description of how funds received by the eligible
agency through the allotment made under section 111 will be
distributed--
``(A) among career and technical education at the
secondary level, or career and technical education at
the postsecondary and adult level, or both, including
how such distribution will most effectively provide
students with the skills needed to succeed in the
workplace; and
``(B) among any consortia that may be formed among
secondary schools and eligible institutions, and how
funds will be distributed among the members of the
consortia, including the rationale for such
distribution and how it will most effectively provide
students with the skills needed to succeed in the
workplace;
``(9) a description of the procedure the eligible agency will
adopt for determining State adjusted levels of performance
described in section 113, which at a minimum shall include--
``(A) consultation with stakeholders identified in
paragraph (1);
``(B) opportunities for the public to comment in
person and in writing on the State adjusted levels of
performance included in the State plan; and
``(C) submission of public comment on State adjusted
levels of performance as part of the State plan; and
``(10) assurances that--
``(A) the eligible agency will comply with the
requirements of this Act and the provisions of the
State plan, including the provision of a financial
audit of funds received under this Act, which may be
included as part of an audit of other Federal or State
programs;
``(B) none of the funds expended under this Act will
be used to acquire equipment (including computer
software) in any instance in which such acquisition
results in a direct financial benefit to any
organization representing the interests of the
acquiring entity or the employees of the acquiring
entity, or any affiliate of such an organization;
``(C) the eligible agency will use the funds to
promote preparation for high-skill, high-wage, or in-
demand occupations and nontraditional fields, as
identified by the State;
``(D) the eligible agency will use the funds provided
under this Act to implement career and technical
education programs and programs of study for
individuals in State correctional institutions,
including juvenile justice facilities; and
``(E) the eligible agency will provide local
educational agencies, area career and technical
education schools, and eligible institutions in the
State with technical assistance, including technical
assistance on how to close gaps in student
participation and performance in career and technical
education programs.
``(e) Consultation.--
``(1) In general.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of
any funds proposed to be reserved for adult career and
technical education, postsecondary career and technical
education, and secondary career and technical education after
consultation with the--
``(A) 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;
``(B) the State agency responsible for secondary
education; and
``(C) the State agency responsible for adult
education.
``(2) Objections of state agencies.--If a State agency other
than the eligible agency finds that a portion of the final
State plan is objectionable, that objection shall be filed
together with the State plan. The eligible agency shall respond
to any objections of such State agency in the State plan
submitted to the Secretary.
``(f) Plan Approval.--
``(1) In general.--The Secretary shall approve a State plan
not later than 120 days after its submission to the Secretary
unless the Secretary--
``(A) determines that the State plan does not meet
the requirements of this Act, including the
requirements described in section 113; and
``(B) meets the requirements of paragraph (2) with
respect to such plan.
``(2) Disapproval.--The Secretary shall--
``(A) have the authority to disapprove a State plan
only if the Secretary--
``(i) determines how the State plan fails to
meet the requirements of this Act; and
``(ii) provides to the eligible agency, in
writing, notice of such determination and the
supporting information and rationale to
substantiate such determination; and
``(B) not finally disapprove a State plan, except
after making the determination and providing the
information described in subparagraph (A), and giving
the eligible agency notice and an opportunity for a
hearing.''.
SEC. 122. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``percent of an agreed upon''
and inserting ``percent of the''; and
(ii) by striking ``appropriate agencies,''
and inserting ``appropriate State agencies,'';
(B) in paragraph (2)--
(i) by striking ``purposes of this Act,'' and
inserting ``purposes of this section, including
after implementation of the improvement plan
described in paragraph (1),'' and
(ii) by striking ``work with the eligible
agency'' and inserting ``provide the eligible
agency technical assistance''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--If the eligible agency fails to
make any improvement in meeting any of the State
adjusted levels of performance for any of the core
indicators of performance identified under paragraph
(1) during the first 2 years of implementation of the
improvement plan required under paragraph (1), the
eligible agency--
``(i) shall develop and implement, in
consultation with the stakeholders described in
section 122(c)(1)(A), a revised improvement
plan (with special consideration of performance
gaps identified under section 113(c)(2)(B)) to
address the reasons for such failure; and
``(ii) shall continue to implement such
improvement plan until the eligible agency
meets at least 90 percent of the State adjusted
level of performance for the same core
indicators of performance for which the plan is
revised.'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A),
the following:
``(B) Revised performance improvement plan
implementation.--The Secretary shall provide technical
assistance, monitoring, and oversight to each eligible
agency with a plan revised under subparagraph (A)(i)
until such agency meets the requirements of
subparagraph (A)(ii).''; and
(iv) in subparagraph (C), as redesignated by
clause (ii), by striking ``sanction in'' and
inserting ``requirements of''; and
(D) by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the eligible
agency, appropriate agencies, individuals, and
organizations'' and inserting ``local stakeholders
included in section 134(d)(1)'';
(B) in paragraph (3), by striking ``shall work with
the eligible recipient to implement improvement
activities consistent with the requirements of this
Act.'' and inserting ``shall provide technical
assistance to assist the eligible recipient in meeting
its responsibilities under section 134.'';
(C) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--If the eligible recipient fails to
make any improvement in meeting any of the local
adjusted levels of performance for any of the core
indicators of performance identified under paragraph
(2) during a number of years determined by the eligible
agency, the eligible recipient--
``(i) shall revise the improvement plan
described in paragraph (2) to address the
reasons for such failure; and
``(ii) shall continue to implement such
improvement plan until such recipient meets at
least 90 percent of an agreed upon local
adjusted level of performance for the same core
indicators of performance for which the plan is
revised.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``In
determining whether to impose
sanctions under subparagraph
(A), the'' and inserting
``The''; and
(bb) by striking ``waive
imposing sanctions'' and
inserting ``waive the
requirements of subparagraph
(A)'';
(II) in clause (i), by striking
``or'' at the end;
(III) in clause (ii), by striking the
period at the end and inserting ``;
or''; and
(IV) by adding at the end the
following:
``(iii) in response to a public request from
an eligible recipient consistent with clauses
(i) and (ii).''; and
(D) by striking paragraph (5); and
(3) by adding at the end the following:
``(c) Plan Development.--Except for consultation described in
subsection (b)(2), the State and local improvement plans, and the
elements of such plans, required under this section shall be developed
solely by the eligible agency or the eligible recipient,
respectively.''.
SEC. 123. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (a), by striking ``shall conduct State
leadership activities.'' and inserting ``shall--
``(1) conduct State leadership activities directly; and
``(2) report on the effectiveness of such use of funds in
achieving the goals described in section 122(d)(2) and the
State adjusted levels of performance described in section
113(b)(3)(A).'';
(2) in subsection (b)--
(A) by striking paragraphs (1) through (4) and
inserting the following:
``(1) developing statewide programs of study, which may
include standards, curriculum, and course development, and
career exploration, guidance, and advisement activities and
resources;
``(2) approving locally developed programs of study that meet
the requirements established in section 122(d)(4)(B);
``(3) establishing statewide articulation agreements aligned
to approved programs of study;
``(4) establishing statewide partnerships among local
educational agencies, institutions of higher education, and
employers, including small businesses, to develop and implement
programs of study aligned to State and local economic and
education needs, including as appropriate, in-demand industry
sectors and occupations;''; and
(B) by striking paragraphs (6) through (9) and
inserting the following:
``(6) support services for individuals in State institutions,
such as State correctional institutions, including juvenile
justice facilities, and educational institutions that serve
individuals with disabilities;
``(7) for faculty and teachers providing career and technical
education instruction, support services, and specialized
instructional support services, high-quality comprehensive
professional development that is, to the extent practicable,
grounded in evidence-based research (to the extent a State
determines that such evidence is reasonably available) that
identifies the most effective educator professional development
process and is coordinated and aligned with other professional
development activities carried out by the State (including
under title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6601 et seq.) and title II of the Higher
Education Act of 1965 (20 U.S.C. 1021 et seq.)), including
programming that--
``(A) promotes the integration of the challenging
State academic standards adopted by the State under
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(1)) and
relevant technical knowledge and skills;
``(B) prepares career and technical education
teachers, faculty, specialized instructional support
personnel, and paraprofessionals to provide appropriate
accommodations for students who are members of special
populations, including through the use of principles of
universal design for learning; and
``(C) increases understanding of industry standards,
as appropriate, for faculty providing career and
technical education instruction; and
``(8) technical assistance for eligible recipients.''; and
(3) in subsection (c), by striking paragraphs (1) through
(17) and inserting the following:
``(1) 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 level of performance established under
section 113(b)(4)(A) in a manner that reflects
sustained or significant improvement;
``(ii) eligible recipients effectively
developing connections between secondary
education and postsecondary education and
training;
``(iii) the integration of academic and
technical standards;
``(iv) eligible recipients' progress in
closing achievement gaps among subpopulations
who participate in programs of study; or
``(v) other factors relating to the
performance of eligible recipients under this
Act as the eligible agency determines are
appropriate; or
``(B) if an eligible recipient elects to use funds as
permitted under section 135(c);
``(2) providing support for the adoption and integration of
recognized postsecondary credentials or for consultation and
coordination with other State agencies for the identification,
consolidation, or elimination of licenses or certifications
which pose an unnecessary barrier to entry for aspiring workers
and provide limited consumer protection;
``(3) the creation, implementation, and support of pay-for-
success initiatives leading to recognized postsecondary
credentials;
``(4) support for career and technical education programs for
adults and out-of-school youth concurrent with their completion
of their secondary school education in a school or other
educational setting;
``(5) the creation, evaluation, and support of competency-
based curricula;
``(6) support for the development, implementation, and
expansion of programs of study or career pathways in areas
declared to be in a state of emergency under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
``(7) providing support for dual or concurrent enrollment
programs, such as early college high schools;
``(8) improvement of career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including academic
and financial aid counseling;
``(9) support for the integration of employability skills
into career and technical education programs and programs of
study;
``(10) support for programs and activities that increase
access, student engagement, and success in science, technology,
engineering, and mathematics fields (including computer
science), particularly for students who are members of groups
underrepresented in such subject fields, such as female
students, minority students, and students who are members of
special populations;
``(11) support for career and technical student
organizations, especially with respect to efforts to increase
the participation of students who are members of special
populations;
``(12) support for establishing and expanding work-based
learning opportunities;
``(13) support for preparing, retaining, and training of
career and technical education teachers, faculty, specialized
instructional support personnel, and paraprofessionals, such as
preservice, professional development, and leadership
development programs;
``(14) integrating and aligning programs of study and career
pathways;
``(15) supporting the use of career and technical education
programs and programs of study aligned with State, regional, or
local in-demand industry sectors or occupations identified by
State or local workforce development boards;
``(16) making all forms of instructional content widely
available, which may include use of open educational resources;
``(17) support for the integration of arts and design skills,
when appropriate, into career and technical education programs
and programs of study; and
``(18) support for accelerated learning programs (described
in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)) when any
such program is part of a program of study.''.
PART C--LOCAL PROVISIONS
SEC. 131. LOCAL APPLICATION FOR CAREER AND TECHNICAL EDUCATION
PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) in the section heading by striking ``local plan'' and
inserting ``local application'';
(2) in subsection (a)--
(A) in the heading, by striking ``Local Plan'' and
inserting ``Local Application'';
(B) by striking ``submit a local plan'' and inserting
``submit a local application''; and
(C) by striking ``Such local plan'' and inserting
``Such local application''; and
(3) by striking subsection (b) and inserting the following:
``(b) Contents.--The eligible agency shall determine the requirements
for local applications, except that each local application shall
contain--
``(1) a description of the results of the comprehensive needs
assessment conducted under subsection (c);
``(2) information on the programs of study approved by a
State under section 124(b)(2) supported by the eligible
recipient with funds under this part, including--
``(A) how the results of the comprehensive needs
assessment described in subsection (c) informed the
selection of the specific career and technical
education programs and activities selected to be
funded; and
``(B) a description of any new programs of study the
eligible recipient will develop and submit to the State
for approval;
``(3) a description of how the eligible recipient will
provide--
``(A) career exploration and career development
coursework, activities, or services;
``(B) career information; and
``(C) an organized system of career guidance and
academic counseling to students before enrolling and
while participating in a career and technical education
program; and
``(4) a description of how the eligible recipient will--
``(A) provide activities to prepare special
populations for high-skill, high-wage, or in-demand
occupations that will lead to self-sufficiency; and
``(B) prepare CTE participants for nontraditional
fields.
``(c) Comprehensive Needs Assessment.--
``(1) In general.--To be eligible to receive financial
assistance under this part, an eligible recipient shall--
``(A) conduct a comprehensive local needs assessment
related to career and technical education; and
``(B) not less than once every 2 years, update such
comprehensive local needs assessment.
``(2) Requirements.--The comprehensive local needs assessment
described under paragraph (1) shall include--
``(A) an evaluation of the performance of the
students served by the eligible recipient with respect
to State and local adjusted levels of performance
established pursuant to section 113, including an
evaluation of performance for special populations;
``(B) a description of how career and technical
education programs offered by the eligible recipient
are--
``(i) sufficient in size, scope, and quality
to meet the needs of all students served by the
eligible recipient; and
``(ii)(I) aligned to State, regional, or
local in-demand industry sectors or occupations
identified by the State or local workforce
development board, including career pathways,
where appropriate; or
``(II) designed to meet local education or
economic needs not identified by State or local
workforce development boards;
``(C) an evaluation of progress toward the
implementation of career and technical education
programs and programs of study;
``(D) an evaluation of strategies needed to overcome
barriers that result in lowering rates of access to, or
lowering success in, career and technical education
programs for special populations, which may include
strategies to establish or utilize existing flexible
learning and manufacturing facilities, such as
makerspaces;
``(E) a description of how the eligible recipient
will improve recruitment, retention, and training of
career and technical education teachers, faculty,
specialized instructional support personnel,
paraprofessionals, and career, academic, and guidance
counselors, including individuals in groups
underrepresented in such professions; and
``(F) a description of how the eligible recipient
will support the transition to teaching from business
and industry.
``(d) Consultation.--In conducting the comprehensive needs assessment
under subsection (c), an eligible recipient shall involve a diverse
body of stakeholders, including, at a minimum--
``(1) representatives of career and technical education
programs in a local educational agency or educational service
agency, including teachers and administrators;
``(2) representatives of career and technical education
programs at postsecondary educational institutions, including
faculty and administrators;
``(3) representatives of State or local workforce development
boards and a range of local or regional businesses or
industries;
``(4) parents and students;
``(5) representatives of special populations; and
``(6) representatives of local agencies serving out-of-school
youth, homeless children and youth, and at-risk youth (as
defined in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472)).
``(e) Continued Consultation.--An eligible recipient receiving
financial assistance under this part shall consult with the entities
described in subsection (d) on an ongoing basis to--
``(1) provide input on annual updates to the comprehensive
needs assessment required under subsection (c);
``(2) ensure programs of study are--
``(A) responsive to community employment needs;
``(B) aligned with employment priorities in the
State, regional, or local economy identified by
employers and the entities described in subsection (d),
which may include in-demand industry sectors or
occupations identified by the local workforce
development board;
``(C) informed by labor market information, including
information provided under section 15(e)(2)(C) of the
Wagner-Peyser Act (29 U.S.C. 491-2(e)(2)(C));
``(D) designed to meet current, intermediate, or
long-term labor market projections; and
``(E) allow employer input, including input from
industry or sector partnerships in the local area,
where applicable, into the development and
implementation of programs of study to ensure programs
align with skills required by local employment
opportunities, including activities such as the
identification of relevant standards, curriculum,
industry-recognized credentials, and current technology
and equipment;
``(3) identify and encourage opportunities for work-based
learning; and
``(4) ensure funding under this part is used in a coordinated
manner with other local resources.''.
SEC. 132. LOCAL USES OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended to read as follows:
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that receives funds
under this part shall use such funds to develop, coordinate, implement,
or improve career and technical education programs to meet the needs
identified in the comprehensive needs assessment described in section
134(c).
``(b) Requirements for Uses of Funds.--Funds made available to
eligible recipients under this part shall be used to support career and
technical education programs that are of sufficient size, scope, and
quality to be effective and--
``(1) provide career exploration and career development
activities through an organized, systematic framework designed
to aid students, before enrolling and while participating in a
career and technical education program, in making informed
plans and decisions about future education and career
opportunities and programs of study, which may include--
``(A) introductory courses or activities focused on
career exploration and career awareness;
``(B) readily available career and labor market
information, including information on--
``(i) occupational supply and demand;
``(ii) educational requirements;
``(iii) other information on careers aligned
to State or local economic priorities; and
``(iv) employment sectors;
``(C) programs and activities related to the
development of student graduation and career plans;
``(D) career guidance and academic counselors that
provide information on postsecondary education and
career options; or
``(E) any other activity that advances knowledge of
career opportunities and assists students in making
informed decisions about future education and
employment goals;
``(2) provide professional development for teachers,
principals, school leaders, administrators, faculty, and career
and guidance counselors with respect to content and pedagogy
that--
``(A) supports individualized academic and career and
technical education instructional approaches, including
the integration of academic and career and technical
education standards and curriculum;
``(B) ensures labor market information is used to
inform the programs, guidance, and advisement offered
to students;
``(C) provides educators with opportunities to
advance knowledge, skills, and understanding of all
aspects of an industry, including the latest workplace
equipment, technologies, standards, and credentials;
``(D) supports administrators in managing career and
technical education programs in the schools,
institutions, or local educational agencies of such
administrators;
``(E) supports the implementation of strategies to
improve student achievement and close gaps in student
participation and performance in career and technical
education programs; and
``(F) provides educators with opportunities to
advance knowledge, skills, and understanding in
pedagogical practices, including, to the extent the
eligible recipient determines that such evidence is
reasonably available, evidence-based pedagogical
practices;
``(3) provide career and technical education students,
including special populations, with the skills necessary to
pursue high-skill, high-wage occupations;
``(4) support integration of academic skills into career and
technical education programs and programs of study to support
CTE participants at the secondary school level in meeting the
challenging State academic standards adopted under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1)) by the State in which the eligible
recipient is located;
``(5) plan and carry out elements that support the
implementation of career and technical education programs and
programs of study and student achievement of the local adjusted
levels of performance established under section 113, which may
include--
``(A) curriculum aligned with the requirements for a
program of study;
``(B) sustainable relationships among education,
business and industry, and other community
stakeholders, including industry or sector partnerships
in the local area, where applicable, that are designed
to facilitate the process of continuously updating and
aligning programs of study with skills in demand in the
State, regional, or local economy;
``(C) dual or concurrent enrollment programs,
including early college high schools, and the
development or implementation of articulation
agreements;
``(D) appropriate equipment, technology, and
instructional materials (including support for library
resources) aligned with business and industry needs,
including machinery, testing equipment, tools,
implements, hardware and software, and other new and
emerging instructional materials;
``(E) a continuum of work-based learning
opportunities;
``(F) industry-recognized certification exams or
other assessments leading toward industry-recognized
postsecondary credentials;
``(G) efforts to recruit and retain career and
technical education program administrators and
educators;
``(H) where applicable, coordination with other
education and workforce development programs and
initiatives, including career pathways and sector
partnerships developed under the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.) and other
Federal laws and initiatives that provide students with
transition-related services, including the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(I) expanding opportunities for students to
participate in distance career and technical education
and blended-learning programs;
``(J) expanding opportunities for students to
participate in competency-based education programs;
``(K) improving career guidance and academic
counseling programs that assist students in making
informed academic and career and technical education
decisions, including academic and financial aid
counseling;
``(L) supporting the integration of employability
skills into career and technical education programs and
programs of study;
``(M) supporting programs and activities that
increase access, student engagement, and success in
science, technology, engineering, and mathematics
fields (including computer science) for students who
are members of groups underrepresented in such subject
fields;
``(N) providing career and technical education, in a
school or other educational setting, for adults or a
school-aged individual who has dropped out of a
secondary school to complete secondary school education
or upgrade technical skills;
``(O) career and technical student organizations,
including student preparation for and participation in
technical skills competitions aligned with career and
technical education program standards and curriculum;
``(P) making all forms of instructional content
widely available, which may include use of open
educational resources;
``(Q) supporting the integration of arts and design
skills, when appropriate, into career and technical
education programs and programs of study;
``(R) where appropriate, expanding opportunities for
CTE concentrators to participate in accelerated
learning programs (described in section
4104(b)(3)(A)(i)(IV) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV))
as part of a program of study; and
``(S) other activities to improve career and
technical education programs; and
``(6) develop and implement evaluations of the activities
carried out with funds under this part, including evaluations
necessary to complete the comprehensive needs assessment
required under section 134(c) and the local report required
under section 113(b)(4)(C).
``(c) Pooling Funds.--An eligible recipient may pool a portion of
funds received under this Act with a portion of funds received under
this Act available to not less than one other eligible recipient to
support implementation of programs of study through the activities
described in subsection (b)(2).
``(d) Administrative Costs.--Each eligible recipient receiving funds
under this part shall not use more than 5 percent of such funds for
costs associated with the administration of activities under this
section.''.
TITLE II--GENERAL PROVISIONS
SEC. 201. FEDERAL AND STATE ADMINISTRATIVE PROVISIONS.
The Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 311(b)--
(A) in paragraph (1)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--Except as provided in subparagraph
(B), (C), or (D), in order for a State to receive its
full allotment of funds under this Act for any fiscal
year, the Secretary must find that the State's fiscal
effort per student, or the aggregate expenditures of
such State, with respect to career and technical
education for the preceding fiscal year was not less
than the fiscal effort per student, or the aggregate
expenditures of such State, for the second preceding
fiscal year.'';
(ii) in subparagraph (B), by striking ``shall
exclude capital expenditures, special 1-time
project costs, and the cost of pilot
programs.'' and inserting ``shall, at the
request of the State, exclude competitive or
incentive-based programs established by the
State, capital expenditures, special one-time
project costs, and the cost of pilot
programs.''; and
(iii) by adding after subparagraph (C), the
following new subparagraph:
``(D) Establishing the state baseline.--
``(i) In general.--For purposes of
subparagraph (A), the State may--
``(I) continue to use the State's
fiscal effort per student, or aggregate
expenditures of such State, with
respect to career and technical
education, as was in effect on the day
before the date of enactment of the
Strengthening Career and Technical
Education for the 21st Century Act; or
``(II) establish a new level of
fiscal effort per student, or aggregate
expenditures of such State, with
respect to career and technical
education, which is not less than 90
percent of the State's fiscal effort
per student, or the aggregate
expenditures of such State, with
respect to career and technical
education for the preceding fiscal
year.
``(ii) Amount.--The amount of the new level
described in clause (i)(II) shall be the
State's fiscal effort per student, or aggregate
expenditures of such State, with respect to
career and technical education, for the first
full fiscal year following the enactment of the
Strengthening Career and Technical Education
for the 21st Century Act.''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Failure to meet.--The Secretary shall reduce the amount
of a State's allotment of funds under this Act for any fiscal
year in the exact proportion by which the State fails to meet
the requirement of paragraph (1) by falling below the State's
fiscal effort per student or the State's aggregate expenditures
(using the measure most favorable to the State), if the State
failed to meet such requirement (as determined using the
measure most favorable to the State) for 1 or more of the 5
immediately preceding fiscal years.
``(3) Waiver.--The Secretary may waive paragraph (2) due to
exceptional or uncontrollable circumstances affecting the
ability of the State to meet the requirement of paragraph
(1).'';
(2) in section 317(b)(1)--
(A) by striking ``may, upon written request, use
funds made available under this Act to'' and inserting
``may use funds made available under this Act to''; and
(B) by striking ``who reside in the geographical area
served by'' and inserting ``located in or near the
geographical area served by'';
(3) by striking title II and redesignating title III as title
II;
(4) by redesignating sections 311 through 318 as sections 211
through 218, respectively;
(5) by redesignating sections 321 through 324 as sections 221
through 224, respectively; and
(6) by inserting after section 218 (as so redesignated) the
following:
``SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL, HIGH-WAGE
OCCUPATIONS.
``(a) Scope of Study.--The Comptroller General of the United States
shall conduct a study to evaluate--
``(1) the strategies, components, policies, and practices
used by eligible agencies or eligible recipients receiving
funding under this Act to successfully assist--
``(A) all students in pursuing and completing
programs of study aligned to high-skill, high-wage
occupations; and
``(B) any specific subgroup of students identified in
section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(ii)) in pursuing and completing programs
of study aligned to high-skill, high-wage occupations
in fields in which such subgroup is underrepresented;
and
``(2) any challenges associated with replication of such
strategies, components, policies, and practices.
``(b) Consultation.--In carrying out the study conducted under
subsection (a), the Comptroller General of the United States shall
consult with a geographically diverse (including urban, suburban, and
rural) representation of--
``(1) students and parents;
``(2) eligible agencies and eligible recipients;
``(3) teachers, faculty, specialized instructional support
personnel, and paraprofessionals, including those with
expertise in preparing CTE students for nontraditional fields;
``(4) special populations; and
``(5) representatives of business and industry.
``(c) Submission.--Upon completion, the Comptroller General of the
United States shall submit the study conducted under subsection (a) to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
TITLE III--AMENDMENTS TO THE WAGNER-PEYSER ACT
SEC. 301. STATE RESPONSIBILITIES.
Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)(2)) is
amended--
(1) by striking subparagraph (B) and inserting the following:
``(B) consult with eligible agencies (defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)), State
educational agencies, and local educational agencies
concerning the provision of workforce and labor market
information in order to--
``(i) meet the needs of secondary school and
postsecondary school students who seek such
information; and
``(ii) annually inform the development and
implementation of programs of study defined in
section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302), and career pathways;'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(4) by inserting after subparagraph (H) the following new
subparagraph:
``(I) provide, on an annual and timely basis to each
eligible agency (defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302)), the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).''.
Purpose
H.R. 2353, Strengthening Career and Technical Education for
the 21st Century Act, amends the Carl D. Perkins Career and
Technical Education Act of 2006 (Perkins Act) to help more
Americans enter the workforce with the skills necessary to
compete for and succeed in high-skilled, in-demand careers.
Committee Action
H.R. 2353 is the culmination of efforts by the Committee on
Education and the Workforce (Committee) throughout the 113th,
114th, and 115th Congresses to improve the Perkins Act so that
it reflects the current realities and challenges facing
students, workers, and employers. The legislation builds on the
Committee's reforms to both K-12 education and workforce
development systems passed into law through the Every Student
Succeeds Act (ESSA) and the Workforce Innovation and
Opportunity Act (WIOA).
113TH CONGRESS
Hearings--First Session
On September 20, 2013, the Committee's Subcommittee on
Early Childhood, Elementary, and Secondary Education held a
hearing in Washington, D.C., entitled ``Preparing Today's
Students for Tomorrow's Jobs: A Discussion on Career and
Technical Education and Training Programs.'' The hearing
provided members an opportunity to explore ways the federal
government can support state and local initiatives to improve
career and technical education. Testifying before the
Subcommittee were Mr. Alvin Bargas, President, Pelican Chapter
Associated Builders & Contractors, Inc., Baton Rouge,
Louisiana; Dr. Sheila Harrity, Principal, Worcester Technical
High School, Worcester, Massachusetts; Mr. John Fischer, Deputy
Commissioner, Transformation & Innovation, Vermont Agency of
Education, Montpelier, Vermont; and Mr. Frank Britt, Chief
Executive Officer, Penn Foster Inc., Scranton, Pennsylvania.
On November 19, 2013, the Committee held a hearing in
Washington, D.C., entitled ``Preparing Today's Students for
Tomorrow's Jobs: Improving the Carl D. Perkins Career and
Technical Education Act.'' The purpose of the hearing was to
discuss proposals to strengthen career and technical education
through reauthorization of the Perkins Act. Testifying before
the Committee were the Honorable Brenda Dann-Messier, Assistant
Secretary for Adult and Vocational Education, U.S. Department
of Education, Washington, D.C.; Mr. Stanley S. Litow, Vice
President of Corporate Citizenship & Corporate Affairs, IBM
Corporation, Armonk, New York; Dr. Blake Flanders, Vice
President of Workforce Development, Kansas Board of Regents,
Topeka, Kansas; and Dr. Bryan Albrecht, President, Gateway
Technical College, Kenosha, Wisconsin.
Hearings--Second Session
On March 18, 2014, the Committee held a field hearing in
Las Vegas, Nevada, entitled ``Reviving Our Economy: How Career
and Technical Education Can Strengthen the Workforce.'' The
purpose of the hearing was to hear from students, educators,
and state and local education and business sector leaders about
the challenges and opportunities that exist in career and
technical education. Testifying before the Committee were Ms.
Felicia Nemcek, Principal, Southwest Career and Technical
Academy, Las Vegas, Nevada; Dr. Michael Spangler, Dean of the
School of Advanced & Applied Technologies, College of Southern
Nevada, North Las Vegas, Nevada; Ms. Kacy Qua, Founder and
Chief Executive Officer, Qualifyor, Las Vegas, Nevada; Mr. Alan
Aleman, Student, College of Southern Nevada, North Las Vegas,
Nevada; Professor Angela Morrison, Visiting Professor, William
S. Boyd School of Law, University of Nevada Las Vegas, Las
Vegas, Nevada; and Mr. Frank R. Woodbeck, Director, Nevada
Department of Employment, Training and Rehabilitation, Las
Vegas, Nevada.
114TH CONGRESS
Hearings--First Session
On October 27, 2015, the Committee's Subcommittee on Early
Childhood, Elementary, and Secondary Education held a hearing
in Washington, D.C., entitled ``Improving Career and Technical
Education to Help Students Succeed in the Workforce.'' The
purpose of the hearing was to learn about economic and skills-
related challenges facing students entering today's workforce,
and ways to improve career and technical education programs to
ensure students have the knowledge and skills necessary to
succeed when entering the workforce. Testifying before the
Subcommittee were Dr. Deneece G. Huftalin, President, Salt Lake
Community College, Salt Lake City, Utah; Dr. Douglas Major,
Superintendent and Chief Executive Officer, Meridian Technology
Center, Stillwater, Oklahoma; Dr. Irelene Ricks, Director of
Diversity in Life Science Programs, Keystone Symposia on
Molecular and Cellular Biology, Silverthorne, Colorado; and Mr.
Tim Johnson, Director of Government Relations, National Center
for Construction Education and Research, Baton Rouge,
Louisiana.
Hearings--Second Session
On May 17, 2016, the Committee held a hearing in
Washington, D.C., entitled ``Helping Students Succeed by
Strengthening the Carl D. Perkins Career and Technical
Education Act.'' The purpose of the hearing was to discuss ways
to reform the Perkins Act to strengthen career and technical
education for all Americans and young Americans in particular.
Testifying before the Committee were the Honorable Tim Kaine,
U. S. Senator for Virginia; Mr. Paul Tse, Project Manager,
Shapiro & Duncan Inc., Rockville, Maryland; Mr. Jason Bates,
Manager, Toyota--Bodine Aluminum Inc., Jackson, Tennessee; and
Dr. Monty Sullivan, President, Louisiana Community and
Technical College System, Baton Rouge, Louisiana.
Legislative Action--Second Session
On June 28, 2016, Reps. Glenn ``GT'' Thompson (R-PA) and
Katherine Clark (D-MA), along with Reps. Bradley Byrne (R-AL),
Carlos Curbelo (R-FL), James Langevin (D-RI), and Richard Nolan
(D-MN), introduced H.R. 5587, the Strengthening Career and
Technical Education for the 21st Century Act. The bipartisan
bill would have reauthorized and reformed the Perkins Act to
help more Americans enter the workforce with the skills
necessary to compete for and succeed in high-skilled, in-demand
careers.
On July 7, 2016, the Committee considered H.R. 5587 in
legislative session and reported it favorably, as amended, to
the House of Representatives by a vote of 37 to 0. The
Committee considered and adopted the following amendments to
H.R. 5587:
Rep. Thompson offered an amendment in the nature
of a substitute to clarify that ``eligible postsecondary
institutions'' refer to those institutions offering a technical
skill proficiency, industry-recognized credential, certificate,
or associate degree; restore the 100 percent maintenance of
effort requirement and allow states to establish a new baseline
of fiscal effort; increase coordination between research and
evaluation activities; add representatives of Indian tribes and
associate degree-granting Minority-Serving Institutions and
Historically Black Colleges and Universities as stakeholders
with whom states must consult during state plan development;
and other technical changes. The amendment was adopted by voice
vote.
Rep. Joe Heck (R-NV) offered an amendment to
replace the current hold harmless provision adopted in Fiscal
Year (FY) 1998 hold harmless provision for purposes of
allocating Basic State Grant program funding with a 90 percent
prior-year hold harmless provision beginning in FY 2020. The
amendment was adopted by voice vote.
Rep. Elise Stefanik (R-NY) offered an amendment
with Rep. Suzanne Bonamici (D-OR) to expand the allowable use
of funds at the state and local levels to include, where
appropriate, the integration of arts and design skills. The
amendment was agreed to by voice vote.
Rep. Mark Takano (D-CA) offered an amendment to
allow, but not require, eligible recipients to consider
strategies to establish or use existing flexible learning and
manufacturing facilities, such as ``makerspaces,'' as part of
their needs assessment. The amendment was agreed to by voice
vote.
The Committee further considered the following amendments
to H.R. 5587:
Rep. Susan Davis (D-CA) offered an amendment to
define ``equity gaps'' for purposes of student performance. The
amendment was withdrawn.
Rep. Frederica Wilson (D-FL) offered an amendment
to alter the ``special populations'' definition to include ex-
offenders. The amendment was withdrawn.
Rep. Bonamici offered an amendment to strike all
authorization levels and replace them with ``such sums.'' The
amendment was withdrawn.
On September 13, 2016, the House of Representatives passed
H.R. 5587 by a vote of 405 to 5.
115TH CONGRESS
Hearings--First Session
On February 28, 2017, the Committee's Subcommittee on Early
Childhood, Elementary, and Secondary Education held a hearing
in Washington, D.C., entitled ``Providing More Students a
Pathway to Success by Strengthening Career and Technical
Education.'' The purpose of the hearing was to learn more about
America's career and technical education systems and gain a
better understanding of what policies Congress can enact to
help prepare the next generation workforce for employment.
Testifying before the Subcommittee were Mr. Glen Johnson,
Manufacturing Workforce Development Leader, BSAF, Houston,
Texas; Mrs. Janet Goble, Director of Career and Technical
Education, Canyons School District, Sandy, Utah; Ms. Mimi
Lufkin, Chief Executive Officer, National Alliance for
Partnerships in Equity, Gap, Pennsylvania; and Mr. Mike Rowe,
Chief Executive Officer, mikeroweWORKS Foundation, Santa
Monica, California.
Legislative Action--First Session
On May 4, 2017, Reps. Thompson and Raja Krishnamoorthi (D-
IL), along with Reps. Byrne, Lloyd Smucker (R-PA), Drew
Ferguson (R-GA), Clark, Langevin, and Nolan, introduced H.R.
2353, the Strengthening Career and Technical Education for the
21st Century Act. The bipartisan bill reauthorizes and reforms
the Perkins Act and helps more Americans enter the workforce
with the skills necessary to compete for and succeed in high-
skilled, in-demand careers.
On May 17, 2017, the Committee considered H.R. 2353 in
legislative session and voted unanimously to favorably report
the bill to the House of Representatives. The Committee
considered and adopted by voice vote an amendment offered by
Rep. Jason Lewis (R-MN) to require states provide students and
families information about dual and concurrent enrollment
opportunities and allow states to use Perkins Act funding to
support the development of articulation agreements.
The Committee further considered the following amendments
to H.R. 2353:
Rep. Wilson offered an amendment to alter the
``special populations'' definition to include ex-offenders. The
amendment was withdrawn.
Rep. Bonamici and Rep. Jared Polis (D-CO) offered
an amendment to strike the changes to the Perkins Act's
performance improvement section included in H.R. 2353. The
amendment was withdrawn.
Summary
Since 1984, through the Perkins Act federal support has
been provided to state and local career and technical education
(CTE) programs. These programs--created and operated by state
and local leaders--offer students the knowledge, skills, and
experience necessary to compete for and succeed in careers in a
broad range of fields.
Committee Views
In the 2006 reauthorization of the Perkins Act, Congress
enacted a number of reforms to strengthen local program
accountability, including the required use of valid and
reliable data for the purpose of determining state and local
performance. Congress also emphasized the use of programs of
study and strengthened the link between secondary and
postsecondary CTE. H.R. 2353 builds on these reforms to
modernize federal support for career and technical education by
(1) improving program accountability; (2) providing states more
flexibility to meet changing education and economic needs; (3)
ensuring career and technical education prepares all students
to pursue high-skilled, high-wage occupations (including
occupations in nontraditional fields); (4) improving alignment
with in-demand jobs; and (5) increasing the emphasis on
employability skills, work-based learning opportunities, and
credential attainment so students are better prepared to enter
the workforce.
Career and technical education definition
H.R. 2353 amends the definition of ``career and technical
education'' to include recognized postsecondary credentials.
The Committee intends this change to signal CTE can be
incorporated into sequences of courses extending beyond an
associate's degree. The Committee does not intend for Perkins
Act funding to be used to support CTE activities related to the
attainment of baccalaureate degrees and made corresponding
changes to the definition of ``eligible institution'' to
reflect that objective.
H.R. 2353 further amends the definition of ``career and
technical education'' to support the integration of
employability skills into CTE programs and programs of study.
An increased emphasis on employability skills will help all
students learn the foundational skills necessary for success in
the labor market for all employment levels and in all sectors.
Programs of study definition
It is the intent of the Committee in providing a definition
of ``programs of study'' within the law to emphasize the
importance of sequential coursework leading to a recognized
postsecondary credential. The Committee does not intend to
reconfigure programs of study currently operating at the state
and local level. Programs of study may operate in a coordinated
manner across secondary and postsecondary agencies and
institutions. To underscore the Committee's intent, the new
definition provides for multiple entry and exit points that
incorporate credentialing in programs of study with attainment
of a recognized postsecondary credential as the expected final
outcome.
Alignment with state and local workforce development efforts
H.R. 2353 ensures eligible agencies and eligible recipients
are able to use Perkins Act funding to support the development
of an educated and skilled workforce. This includes efforts to
provide students with the education, support, and skills
necessary to pursue and succeed in careers in in-demand
industry sectors or occupations.
The Committee recognizes effective preparation of students
for the workforce requires attention to current and future
labor market demands. H.R. 2353 ensures educators and
administrators are provided the labor market information needed
for program planning, and encourages state and local leaders to
provide workforce development services, including CTE, through
a coordinated strategy. H.R. 2353 amends the Wagner-Peyser Act
to ensure state and local educational agencies receive relevant
information regarding state and local employment opportunities.
The Committee intends CTE providers be viewed as customers of
state agencies supported by Wagner-Peyser Act funding.
Under current law, states are required to create workforce
development plans lasting four years and CTE plans lasting six
years. To facilitate integrated planning efforts and the use of
combined plans, H.R. 2353 sets the duration of state plans at
four years, consistent with the workforce development plan
duration established in WIOA. Moreover, H.R. 2353 integrates
the strategic planning elements of WIOA unified and combined
plans into state plans developed as part of the Perkins Act.
The Committee believes improved alignment of state CTE and
workforce development planning requirements and submission of
combined plans as a single, unified document will allow states
to deliver CTE and workforce development services to their
citizens in a seamless manner.
H.R. 2353 also allows for more effective coordination
between CTE and workforce development efforts through a focus
on in-demand industry sectors or occupations. These sectors or
occupations--identified by state, regional, or local workforce
development boards--have substantial current or potential
economic impact on that state or region. Eligible agencies must
consider the integration of in-demand industry sectors and
occupations in local needs assessments when approving local
applications. Eligible recipients will describe the alignment
of CTE programs to these industry sectors or occupations,
except in cases where the program is designed to meet
alternative local education or economic needs. Finally, state
leaders are provided the opportunity to directly support CTE
programs aligned to in-demand industry sectors or occupations.
The bill expands the state reservation of funds from 10 percent
to 15 percent and requires this funding support either CTE
programs aligned to in-demand industry sectors or occupations
or innovation in the delivery of CTE programs.
Under WIOA, local workforce development boards are
responsible for the creation of career pathways, and H.R. 2353
supports the alignment of CTE programs of study with this
workforce development strategy. Similar to programs of study,
career pathways provide individuals with education and
counseling aligned to a specific occupation or career. Eligible
agencies may approve career pathways for use as programs for
study, are required to make information on approved career
pathways available to students and parents, and will coordinate
with the state workforce development board to support the
development of career pathways at the local level.
The Committee recognizes the important role of community-
based organizations in partnering with eligible agencies and
eligible recipients to provide CTE, especially to adult
education program participants. Given the Committee's efforts
to better integrate federally-supported workforce development
programs, H.R. 2353 allows communities to support CTE
programming that extends beyond the hours of the traditional
academic day or school calendar.
Program performance
H.R. 2353 aligns the core indicators of the Perkins Act
with those included in ESSA and WIOA. The use of these
streamlined performance measures will ensure CTE programs
deliver results for all students and taxpayers and will
guarantee parents, students, and stakeholders a voice in
setting performance goals and evaluating program effectiveness.
Existing core performance indicators related to graduation
and academic achievement are updated to reflect policies in
ESSA. The problematic ``skill proficiency'' indicator is
eliminated and replaced with a state-developed quality
indicator that includes at least one of three components for
students who have taken two courses in a single CTE program of
study: (1) the percentage of students participating in work-
based learning which may include paid and unpaid opportunities;
(2) the percentage of students receiving a recognized
postsecondary credential aligned with their program or program
of study; or (3) the percentage of students receiving
postsecondary credit aligned with their program or program of
study. Given programs of study culminate in the attainment of a
recognized postsecondary credential, H.R. 2353 clarifies the
core indicator relating to student participation in non-
traditional fields measures participation within a program or
program of study. The core indicator measuring student
attainment of a secondary school diploma, GED, or proficiency
credential is eliminated because it is duplicative of the
indicator measuring student graduation.
At the postsecondary level, the existing core indicators of
performance are eliminated and replaced with core indicators
aligned to those used for youth programs authorized under WIOA.
These indicators include the percentage of CTE students in
education or employment following program completion, the
median earnings of career and technical education students
employed after program completion, and the percentage of
students who receive a recognized postsecondary credential
within a year of program completion. H.R. 2353 clarifies the
core indicator relating to student participation in programs or
programs of study leading to non-traditional fields should
measure participation within a program or program of study.
Eligible agencies, after consulting with a broad range of
representatives, are required to establish levels of
performance and adjusted levels of performance. The levels of
performance must be sufficiently ambitious to evaluate program
quality and meet the purpose of the Perkins Act. The public is
guaranteed the opportunity to comment on the proposed levels of
performance either in-person or through written comment.
Eligible agencies are no longer required to negotiate adjusted
levels of performance with the Secretary of Education
(Secretary).
Levels of performance are to be submitted to the Secretary
by eligible agencies as part of the state plan along with any
comments submitted by members of the public. For subsequent
program years, states will revise their levels of performance
and consider the extent to which these adjusted levels of
performance promote meaningful program improvement. H.R. 2353
requires the Secretary to notify a state of plan approval
within 120 days of submission and maintains the Secretary's
existing discretion to disapprove a state plan if the plan
fails to meet the requirements of the Perkins Act. If the
Secretary disapproves a plan for failing to meet the
requirements of the Perkins Act, including disapproval due to
failure to meet the requirements of sections 113 and 122, H.R.
2353 requires the Secretary to immediately notify the state in
writing rather than through a de facto informal negotiation
process.
Under current law, eligible agencies consider the extent to
which local adjusted levels of performance promote continuous
improvement. Instead, H.R. 2353 requires eligible agencies to
consider the extent to which local levels of performance
advance the goals set forth in the local application. In
determining levels of performance, eligible agencies must now
also consider local economic conditions in addition to the
characteristics of participants and the services provided. The
Committee believes this change offers eligible recipients
needed flexibility to improve CTE programs more effectively.
H.R. 2353 clarifies eligible recipients are accountable for
the performance of CTE concentrators rather than participants.
The use of the uniform definition of concentrator will increase
program transparency and allow for the evaluation of program
effectiveness. Career and technical education serves multiple
roles in our nation's schools--to provide students
opportunities for career exploration, core academic instruction
through an applied model, and opportunities to delve deep into
a subject in order to prepare immediately for a chosen career
or profession. The definition of CTE concentrator contained in
H.R. 2353 reflects these multiple purposes by giving schools
credit for serving students exploring multiple professions as
well as students pursuing a single program or program of study.
The Committee encourages eligible agencies to consider how CTE
programs are implemented by eligible recipients when
negotiating levels of performance with eligible recipients.
While H.R. 2353 includes both students taking three or more CTE
courses and students engaged in a sequential CTE program as
concentrators, the Committee does not intend for the creation
of a bifurcated performance system with multiple categories of
concentrators.
To empower effective local stakeholder oversight of CTE
programs, H.R. 2353 requires both eligible recipients and
eligible agencies to report publicly actual levels of
performance. Consistent with ESSA, eligible agencies are
required to disseminate widely this information. Moreover, the
bill also aligns the Perkins Act with ESSA by requiring the
disaggregation of student performance by the subgroups of
students enumerated under the ESSA. However, data is not
reported for individual students, and disaggregated data shall
not be reported if personally identifiable information would be
revealed or the number of students in a category would be
insufficient to yield statistically reliable information.
Should an eligible agency or eligible recipient fail to
achieve 90 percent of its adjusted level of performance on any
core indicator, H.R. 2353 requires the creation and
implementation of a performance improvement plan developed
solely by the eligible agency or recipient (along with the
state and local stakeholder consultations required of eligible
agencies and eligible recipients). If after two years an
eligible agency fails to show improvement in meeting the
adjusted level of performance on the indicator or indicators
for which the improvement plan was developed, the eligible
agency must revise the relevant performance improvement plan
and leave it in place until 90 percent of the adjusted level of
performance is met. H.R. 2353 requires eligible recipients to
consult with local stakeholders in developing improvement plans
and clarifies that such plans shall be developed solely by the
eligible agency or the eligible recipient. H.R. 2353 reaffirms
the Department of Education's responsibility to provide
technical assistance, monitoring, and oversight related to the
implementation of revised state improvement plans. H.R. 2353
removes the authority of the Secretary to withhold funding from
eligible agencies for failure to achieve 90 percent of the
adjusted level(s) of performance during implementation of the
improvement plan. In addition, H.R. 2353 makes no changes to
the enforcement authority afforded the Secretary under the
General Education Provisions Act when grant recipients fail to
comply with statutory requirements. The length of time before
which eligible recipients are required to amend a local
improvement plan is left to the discretion of eligible
agencies. Eligible recipients may request eligible agencies
waive the requirements of this section.
State-based program delivery
H.R. 2353 replaces the state leadership activities required
under current law with activities closely aligned with the
purpose of the program. These activities include development of
statewide programs of study, approval of locally-developed
programs of study, establishment of articulation agreements
aligned to programs of study, support for CTE services for
individuals in state institutions, and professional development
to help ensure CTE instructors have appropriate qualifications.
The requirement that states support the preparation of students
for non-traditional fields in professions that expose students,
including special populations, to high-skilled, high-wage
occupations is preserved from current law. In addition, the
overall administrative burden for the state is reduced as state
planning requirements now correspond directly to state
leadership activities included in H.R. 2353.
States have flexibility in how to use state leadership
funding to support innovative strategies and effective program
delivery. These uses include the creation, implementation, and
support of pay-for-success initiatives; support for CTE
programs for adults and out-of-school youth; development and
support of competency based curricula; integration and
alignment of programs of study and career pathways; and
increases in the amount of federal funding states can dedicate
to provide career and technical education opportunities to
individuals in state-run institutions or juvenile justice
facilities. H.R. 2353 supports state-driven program innovation
by allowing states to use the expanded funding reservation to
identify and promote promising and proven career and technical
education strategies. Additionally, the bill ensures state
agencies may use funds to support an educated, and skilled
workforce, including to address workforce shortages in critical
and in-demand fields.
Local activities
To better coordinate federal CTE funding with local
economic and education needs, H.R. 2353 streamlines the local
application process built on a biennial assessment of local
needs. As part of the local needs assessment, eligible
recipients will evaluate student performance, effectiveness of
the CTE programs in meeting local economic or educational
needs, the strategies needed to overcome barriers in access
to--and success in--CTE programs for special populations, and
the recruitment of CTE educators. In addition to the
comprehensive local needs assessment, the local application
should include a description of the programs and programs of
study offered, a description of how the eligible recipient will
prepare special populations to pursue occupations leading to
self-sufficiency, and a description of how the eligible
recipient will prepare CTE participants for non-traditional
fields. Eligible recipients shall also describe the guidance
and academic counseling services offered to students before
enrolling and while participating in a CTE program. H.R. 2353
calls for the needs assessment to be updated annually to ensure
CTE programs meet the needs of students and keep pace with the
changing demands of the workforce. Additionally, the bill
ensures local agencies may use funds to support an educated and
skilled workforce including using funds to address workforce
shortages in critical and in-demand fields.
The uses of funds required under current law are replaced
with a streamlined list of uses of funds: providing career
development and career exploration activities, integrated
academic content, professional development, and activities to
provide students the skills necessary to pursue high-skilled,
high-wage occupations. H.R. 2353 preserves the flexibility of
current law in allowing eligible recipients to determine how to
use their Perkins Act funding after the recipient has met the
required uses.
The Committee supports improving the participation of
members of special populations in CTE programs leading to high-
skilled, high-wage occupations, including homeless individuals
and youth with a parent who is a member of the armed forces.
H.R. 2353 includes reforms that will help ensure teachers and
faculty have the professional development support necessary to
improve achievement and close participation gaps among
underrepresented student populations; provide students,
including special populations, with the skills necessary to
pursue high-skilled, high-wage jobs; and allow nontraditional
students the opportunity and increased access to participate in
CTE programs. Additionally, the bill contains provisions to
ensure members of special populations have a voice in the
development of CTE plans by eligible recipients, eligible
agencies, and at the national level. Moreover, H.R. 2353
requires the Governmental Accountability Office conduct a study
to evaluate the strategies, components, policies, and practices
used to assist underrepresented racial or ethnic groups in
pursuing and completing programs or programs of study aligned
to high-skilled, high-wage occupations.
H.R. 2353 updates the Perkins Act prohibition on federal
curricula mandates to reflect the prohibitions on federal
mandates, direction or control put in place by ESSA.
Innovation and evaluation
H.R. 2353 reforms the national activities provisions to
better align the research and evaluation activities occurring
at the national level with the needs of state and local
educators and program participants. As part of this effort,
H.R. 2353 directs the Secretary, through the Director of the
Institute of Education Sciences, to ensure independent and non-
partisan research. The Committee intends for the National
Center for Education Statistics to continue current work
related to CTE through its regular survey projects to maintain
data collection on and evaluation of key enrollment and outcome
trends.
To ensure that parents, students, and educators are
involved in developing research and evaluation priorities, H.R.
2353 requires an independent advisory panel be consulted during
development of the single plan for research, development,
dissemination, and evaluation. H.R. 2353 maintains the Perkins
Act requirement that educators, experts, parents, counselors
and representatives from business and labor be included on that
panel. H.R. 2353 also requires the inclusion of representatives
of special populations and individuals with expertise in
addressing inequities regarding access to, and opportunities
for, academic and technical skill development.
H.R. 2353 requires the Secretary to carry out a series of
research and evaluation initiatives aligned to the single plan
through grants to institutions of higher education, or a
consortium including one or more institutions of higher
education. The Committee acknowledges the Secretary may
establish one or more national research centers to oversee the
initiatives. In order to ensure applicability and relevance of
the research, these initiatives are required to use the most
recently available data whenever possible.
To support these research efforts, H.R. 2353 authorizes the
Secretary, as part of the single plan, to award grants
specifically designed to identify and support innovative
strategies and activities to improve career and technical
education and align workforce skill development with labor
market needs. The Committee encourages such efforts to assess
the strength of partnerships between eligible entities and two-
year Minority-Serving Institutions and Historically Black
Colleges and Universities especially as it pertains to science,
technology, engineering, and math initiatives. Under such
authority and as part of the single plan, the Secretary may
award grants to support the use of CTE programs and programs of
study to address identified employer needs and workforce
shortages as well as improve outcomes for special populations.
A workforce shortage can exist when available workers do not
possess the skills and knowledge necessary to meet the needs of
employers and/or individuals served by that workforce. It is
the Committee's intent that addressing any workforce shortage
under state or local plans or activities, or the national
innovative activity added under section 113 of the bill, can
include providing the current and future workforce with the
education and skills necessary to perform at a high level.
Eligible entities receiving grants to identify and support
innovative strategies and activities are to include at least
two CTE providers or state agencies and may include employers,
community-based organizations, or qualified intermediaries. In
order to ensure geographic diversity, 25 percent of any funds
made available through this grant authorization are reserved to
support CTE programs serving rural local educational agencies.
H.R. 2353 also required the Secretary give priority to eligible
applicants intending to serve high need students. The financial
matching requirement may be waived due to exceptional
circumstances.
Conclusion
Evolving workforce and business needs have increased the
demand for CTE programs that better reflect the realities of
our modern economy. Federal policy authorizing support for CTE
is outdated and misaligned with recently updated federal
education and workforce policies. The Committee believes H.R.
2353 will provide a better way to ensure all Americans are
equipped for today's workforce. H.R. 2353 includes reforms that
will better prioritize student needs and local economic demands
and opportunities. Updating the law will help more Americans,
especially young Americans, enter the workforce with the tools
and knowledge necessary to compete for and succeed in high-
skilled, in-demand jobs.
Section-by-Section Analysis
Section 1. Short title
Designates the bill as the ``The Strengthening Career and
Technical Education for the 21st Century Act''.
Section 2. Table of contents
Lists the sections of the bill. The legislation is
organized into three titles: (1) Career and Technical Education
Assistance to the States; (2) General Provisions; and (3)
Amendments to the Wagner-Peyser Act.
Section 3. References
Clarifies the following amendments and repeals are, unless
otherwise stated, being made to the Carl D. Perkins Career and
Technical Education Act of 2006.
Section 4. Effective date
Sets effective date at January 1, 2018
Section 5. Table of contents of the Carl D. Perkins Career and
Technical Education Act of 2006
Amends the table of contents of the Perkins Act.
Section 6. Purpose
Amends the purpose of the law to include developing the
academic knowledge and technical and employability skills of
students who are enrolled in CTE programs and programs of
study.
Section 7. Definitions
The bill removes six definitions from current law including
``individual with limited English proficiency,''
``postsecondary education tech prep student,'' ``school
dropout,'' ``scientifically-based research,'' ``secondary
education tech prep student,'' and ``tech prep program.''
The bill changes or adds 24 definitions: ``area career and
technical education school,'' ``career and technical
education,'' ``career guidance and academic counseling,''
``career pathways,'' ``CTE concentrator,'' ``CTE participant,''
``dual or concurrent enrollment,'' ``early college high
school,'' ``eligible entity,'' ``English learner,'' ``evidence-
based,'' ``in-demand industry sector or occupation,''
``industry or sector partnership,'' ``local workforce
development board,'' ``paraprofessional,'' ``out-of-school
youth,'' ``pay for success initiative,'' ``program of study,''
``recognized postsecondary credential,'' ``specialized
instructional support personnel,'' ``special populations,''
``support services,'' ``universal design for learning,'' and
``work-based learning.''
Of the definitions added, 12 are aligned to definitions
contained in the ESSA or WIOA: ``career pathways,'' ``dual or
concurrent enrollment,'' ``early college high school,''
``evidence-based,'' ``in-demand industry sector or
occupation,'' ``industry or sector partnership,'' ``local
workforce development board,'' ``paraprofessional,'' ``pay for
success initiative,'' ``recognized postsecondary credential,''
``specialized instructional support personnel,'' and
``universal design for learning.''
Section 8. Transition provisions
Updates the transition provisions.
Section 9. Prohibitions
Strengthens the existing prohibition on federal curriculum,
program, or allocation mandates to mirror the ESSA prohibitions
on incentivizing the adoption of any specific curriculum.
Section 10. Authorization of appropriations
Replaces such sums authorization with levels consistent
with the annualized change in the budget caps.
Title I--Career and Technical Education Assistance to the States
PART A--ALLOTMENT AND ALLOCATION
Section 111. State allocation
Increases the state reservation of funding from 10 percent
to 15 percent. Allows the funding to be used to support CTE
programs aligned with in-demand industry sectors or occupations
or for state-based innovation to provide states with greater
flexibility in determining how to allocate the funding and
allow them to target state-specific education and economic
needs.
Adds juvenile justice facilities to the list of state
institutions eligible for funding from the state leadership
account and clarifies that state institutions must be
correctional or educational. The bill increases the maximum
amount of leadership funding states are allowed to spend on
these institutions to 2 percent from 1 percent.
Section 112. Accountability
Streamlines existing performance indicators and brings the
indicators into alignment with ESSA and WIOA.
Secondary level:
Decreases the number of core indicators required at
the secondary school level from six to five: (1) the
percentage of CTE concentrators who graduate high
school; (2) the percentage of CTE concentrators who
meet the state-developed academic standards; (3) the
percentage of CTE concentrators who are employed, in
workforce preparation, military service, or
postsecondary education after graduation; (4) a state-
developed indicator of quality that includes one of the
following: the percentage of CTE concentrators who have
taken two courses in a single CTE program of study
receiving recognized postsecondary credentials, having
participated in work-based learning, or having obtained
postsecondary credits in their program of study; and
(5) the percentage of CTE concentrators who have taken
two courses in a single CTE program of study in CTE
programs leading to non-traditional fields.
Eliminates the requirement for schools to report on
student attainment of diplomas, GED credentials, or
proficiency credentials. Aligns the student academic
achievement and graduation rate indicators with the
requirements of ESSA. Replaces the problematic
technical skill proficiency indicator with a state-
determined quality indicator, which must include
student participation in work-based learning,
attainment of postsecondary credits through dual or
concurrent enrollment, or attainment of recognized
postsecondary credentials.
Postsecondary level:
Decreases the number of core indicators required at
the postsecondary level from five to four and aligns
these indicators to those under WIOA. The new, WIOA-
aligned indicators are: (1) student participation in
education, workforce preparation, or unsubsidized
employment after program completion; (2) the median
earnings of students in unsubsidized employment; (3)
and the percentage of CTE students receiving a
recognized postsecondary credential. The final
indicator is simplified to only consider the percentage
of CTE students in non-traditional fields.
Replaces the one-size-fits-all continuous improvement
requirement with the requirement that performance levels for
each indicator must be sufficiently ambitious to allow for
meaningful evaluation of program quality.
Eliminates negotiation with the Secretary on levels of
performance required in current law.
Aligns program reporting requirements with ESSA.
Requires the consideration of local economic conditions and
the ability of the local recipient to collect cost-effective
data in setting local levels of performance.
Clarifies that states are to establish their levels of
performance in a manner consistent with the procedure outlined
in the state plan.
Section 113. National activities
Eliminates the annual performance report.
Requires that the single plan for research, development,
dissemination, and evaluation be carried out by an independent
grantee. The Secretary must act through the Director of the
Institute for Education Sciences to evaluate CTE activities.
Adds representatives of special populations to the existing
independent advisory panel.
Provides the Secretary authority to issue demonstration
grants specifically designed to identify or support innovative
strategies and activities to improve career and technical
education and align workforce skills with labor market needs,
so long as such grants are aligned with the single plan.
Replaces ``such sums'' authorization with levels consistent
with the annualized change in the budget caps.
Section 114. Tribally controlled postsecondary career and technical
institutions
Replaces ``such sums'' authorization with levels consistent
with the annualized change in the budget caps.
Section 115. Occupational and employment information
Repeals section 118 of current law.
PART B--STATE PROVISIONS
Section 121. State plan
Clarifies the ability of states to submit a combined plan
together with the state workforce development plan submitted
under WIOA. Sets plan length at four years to align with the
WIOA combined plan.
Requires states to consult with stakeholders and allow for
public comment in developing the targeted performance levels
submitted as part of the state plan.
Streamlines the required contents of state plans from 52
items to 28 items.
Like in ESSA, requires the Secretary to approve a state
plan unless the Secretary deems the state plan fails to meet
the requirements of the Act, which includes the requirement to
set sufficiently ambitious levels of performance. The timeline
for the review of state plans is extended from 90 to 120 days.
Section 122. Improvement plans
Eliminates the authority of the Secretary to withhold
funding from the states for failure to meet 90 percent of their
adjusted levels of performance and instead requires states to
develop performance improvement plans, the development of which
the states are solely responsible. If a state fails to make
improvement on the indicator or indicators identified in the
improvement plan over the course of two years, the state must
revise the improvement plan to address the reasons for that
failure in consultation with state-based stakeholders. The
responsibility of the Secretary to provide technical
assistance, monitoring, and oversight related to the
implementation of the revised performance improvement plan is
reaffirmed. At the local level, improvement plans must be
developed in consultation with local stakeholders and states
have the discretion to determine how many years may pass before
revisions are required. Local grant recipients may request a
waiver from state agencies to waive the requirements of this
section, subject to approval by the state.
Section 123. State leadership activities
Streamlines the required and allowable uses of funds while
preserving state flexibility.
PART C--LOCAL PROVISIONS
Section 131. Local application for career and technical education
programs
Replaces the lengthy local plan in current law with a local
application including specific requirements.
Requires local recipients to consult with local
stakeholders to perform biennial needs assessments to determine
how the program is aligned with community needs.
The assessment is to be updated on an annual basis to
ensure the program is responsive to community employment needs
and allow for employer input.
Section 132. Local uses of funds
Streamlines the required and allowable uses of funds while
preserving local flexibility.
Title II--General Provisions
Section 201. Federal and state administrative provisions
Preserves the requirement that states maintain 100 percent
of fiscal effort, but provides additional flexibility by
allowing states to establish a new baseline of fiscal effort 10
percent below their current level.
Removes the previously required written request for private
school students to participate in CTE programs and activities
and expands the area for which local recipients can serve
private school students, subject to discretion of the local
agency.
Repeals Title II of current law and re-designates Title III
as Title II.
Section 219. Study on programs of study aligned to high-skill, high-
wage occupations
Requires a study on the strategies, components, policies
and practices used to assist students in pursuing programs of
study aligned to high-skilled, high-wage occupations, including
for populations underrepresented in those occupations.
Title III--Amendments to the Wagner-Peyser Act
Section 301. State responsibilities
Requires states to consult with Perkins eligible agencies
and provide such agencies with the information needed to meet
the needs of secondary and postsecondary school students.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 2353, Strengthening Career and Technical Education
for the 21st Century Act, amends the Carl D. Perkins Career and
Technical Education Act of 2006 to help more Americans enter
the workforce with the skills necessary to compete for and
succeed in high-skilled, in-demand careers.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 2353 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against. No roll call votes were taken
for H.R. 2353.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House Rule XIII, the
goal of H.R. 2353 is to help more Americans enter the workforce
with the skills necessary to compete for and succeed in high-
skilled, in-demand careers.
Duplication of Federal Programs
No provision of H.R. 2353 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The committee estimates that enacting H.R. 2353 does not
specifically direct the completion of any specific rule makings
within the meaning of 5 U.S.C. 551.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has received
the following estimate for H.R. 2353 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2017.
Hon. Virginia Foxx,
Chairwoman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2353, the
Strengthening Career and Technical Education for the 21st
Century Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Leah
Koestner.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 2353--Strengthening Career and Technical Education for the 21st
Century Act
Summary: H.R. 2353 would amend the Carl D. Perkins Career
and Technical Education Act of 2006 and reauthorize secondary
and postsecondary career and technical education (CTE) programs
through fiscal year 2023. The bill would authorize the
appropriation of $5.9 billion over the 2018-2022 period, and an
additional $1.2 billion in 2023. Under the General Education
Provisions Act, those authorizations would be extended
automatically for an additional year through 2024.
CBO estimates that implementing H.R. 2353 would cost $4.4
billion over the 2018-2022 period, and about $4 billion after
2022, assuming appropriation of the authorized amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2353 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 2353 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2353 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................... 0 1,149 1,165 1,181 1,197 1,214 5,906
Estimated Outlays........................ 0 34 862 1,104 1,176 1,193 4,369
----------------------------------------------------------------------------------------------------------------
Note: Some programs have received advance appropriations for fiscal year 2018; those amounts are not reflected
in this table. Instead, the table shows the additional appropriations that would be authorized for 2018.
Basis of estimate: CBO assumes that H.R. 2353 will be
enacted near the end of fiscal year 2017. The bill would
authorize specific amounts through 2023 and, under the General
Education Provisions Act, those authorizations would be
extended automatically for an additional year, through fiscal
year 2024. Based on historical spending patterns of the current
program, and assuming appropriation of the authorized amounts,
CBO estimates that implementing the bill would cost $4.4
billion over the 2018-2022 period and an additional $4 billion
in years after 2022.
H.R. 2353 would:
Authorize the appropriation of specific amounts
each year that increase from about $1.1 billion in 2018 to a
little more than $1.2 billion in 2023 for grants to states for
vocational programs. The bill would provide more flexibility in
the uses of funds, expand the number of eligible recipients,
and amend performance standards for CTE programs. In 2017, $1.1
billion was available for those grants.
Authorize the appropriation of $8 million for each
of the fiscal years 2018 through 2023 for the Secretary to
award demonstration grants to support CTE programs. The bill
also would require the Secretary of Education to consult with
the Director of the Institute for Education Sciences for an
evaluation of career and technical education activities. In
2017, $7 million was available for those activities.
Authorize the appropriation of $8 million in 2017,
and $9 million for each year from 2018 through 2023 for
tribally controlled CTE programs. In 2017, $8 million was
available for this purpose.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 2353 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 2353
contains no intergovernmental or private-sector mandates as
defined in UMRA.
Estimate prepared by: Federal costs: Leah Koestner; Impact
on State, local, and tribal governments: Zachary Byrum; Impact
on the private sector: Logan Smith.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 2353.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006
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:]
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Transition provisions.
Sec. 5. Privacy.
Sec. 6. Limitation.
Sec. 7. Special rule.
Sec. 8. Prohibitions.
Sec. 9. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
Part A--Allotment and Allocation
Sec. 111. Reservations and State allotment.
Sec. 112. Within State allocation.
Sec. 113. Accountability.
Sec. 114. National activities.
Sec. 115. Assistance for the outlying areas.
Sec. 116. Native American programs.
Sec. 117. Tribally controlled postsecondary career and technical
institutions.
Part B--State Provisions
Sec. 121. State administration.
Sec. 122. State plan.
Sec. 123. Improvement plans.
Sec. 124. State leadership activities.
Part C--Local Provisions
Sec. 131. Distribution of funds to secondary education programs.
Sec. 132. Distribution of funds for postsecondary education programs.
Sec. 133. Special rules for career and technical education.
Sec. 134. Local application for career and technical education programs.
Sec. 135. Local uses of funds.
TITLE II--GENERAL PROVISIONS
Part A--Federal Administrative Provisions
Sec. 211. Fiscal requirements.
Sec. 212. Authority to make payments.
Sec. 213. Construction.
Sec. 214. Voluntary selection and participation.
Sec. 215. Limitation for certain students.
Sec. 216. Federal laws guaranteeing civil rights.
Sec. 217. Participation of private school personnel and children.
Sec. 218. Limitation on Federal regulations.
Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
Part B--State Administrative Provisions
Sec. 221. Joint funding.
Sec. 222. Prohibition on use of funds to induce out-of-State relocation
of businesses.
Sec. 223. State administrative costs.
Sec. 224. Student assistance and other Federal programs.
SEC. 2. PURPOSE.
The purpose of this Act is to develop more fully the
[academic and career and technical skills] academic knowledge
and technical and employability skills of secondary education
students and postsecondary education students who elect to
enroll in career and technical education programs and programs
of study, 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 and
programs of study, 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] three different fields, especially
in in-demand industry sectors or occupations,
that are available to all students 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] not fewer than three 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]
content at the secondary level aligned
with the challenging State academic
standards adopted by a State under
section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)), and at the
postsecondary level with the rigorous
academic content, and relevant
technical knowledge [and skills] and
skills, needed to prepare for further
education and careers in current or
emerging professions, including in in-
demand industry sectors or occupations;
(ii) provides technical skill
proficiency[, an industry-recognized
credential, a certificate, or an
associate degree] or a recognized
postsecondary credential, which may
include an industry-recognized
credential; and
(iii) may include prerequisite
courses (other than a remedial course)
that meet the requirements of this
subparagraph; [and]
(B) include competency-based, work-based, or
other applied learning that [contributes to
the] supports the development of 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[.];
(C) to the extent practicable, coordinate
between secondary and postsecondary education
programs, which may include early college
programs with articulation agreements, dual or
concurrent enrollment program opportunities, or
programs of study; and
(D) may include career exploration at the
high school level or as early as the middle
grades (as such term is defined in section 8101
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)).
(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 that
engages 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)] (and, as appropriate,
parents and out-of-school youth) 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.] financial aid, job training,
secondary and postsecondary options (including
baccalaureate degree programs), dual or
concurrent enrollment programs, work-based
learning opportunities, and support services.
(8) Career pathways.--The term ``career pathways''
has the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
[(8)] (9) Charter school.--The term ``charter
school'' has the meaning given the term in section 4310
of the Elementary and SecondaryEducation Act of 1965.
[(9)] (10) 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.
(11) CTE concentrator.--The term ``CTE concentrator''
means--
(A) at the secondary school level, a student
served by an eligible recipient who has--
(i) completed three or more career
and technical education courses; or
(ii) completed at least two courses
in a single career and technical
education program or program of study;
or
(B) at the postsecondary level, a student
enrolled in an eligible recipient who has--
(i) earned at least 12 cumulative
credits within a career and technical
education program or program of study;
or
(ii) completed such a program if the
program encompasses fewer than 12
credits or the equivalent in total.
(12) CTE participant.--The term ``CTE participant''
means an individual who completes not less than one
course or earns not less than one credit in a career
and technical education program or program of study of
an eligible recipient.
[(10)] (13) 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.
(14) Dual or concurrent enrollment.--The term ``dual
or concurrent enrollment'' has the meaning given the
term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(15) Early college high school.--The term ``early
college high school'' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
[(11)] (16) Educational service agency.--The term
``educational service agency'' has the meaning given
the term in section 8101 of the Elementary and
SecondaryEducation Act of 1965.
[(12)] (17) 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.
(18) Eligible entity.--The term ``eligible entity''
means a consortium that--
(A) shall include at least two of the
following:
(i) a local educational agency;
(ii) an educational service agency;
(iii) an eligible institution;
(iv) an area career and technical
education school;
(v) a State educational agency; or
(vi) the Bureau of Indian Education;
(B) may include a regional, State, or local
public or private organization, including a
community-based organization, one or more
employers, or a qualified intermediary; and
(C) is led by an entity or partnership of
entities described in subparagraph (A).
[(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).]
(19) Eligible institution.--The term ``eligible
institution'' means--
(A) a consortium of two or more of the
entities described in subparagraphs (B) through
(F);
(B) a public or nonprofit private institution
of higher education that offers and will use
funds provided under this title in support of
career and technical education courses that
lead to technical skill proficiency, an
industry-recognized credential, a certificate,
or an associate degree;
(C) a local educational agency providing
education at the postsecondary level;
(D) an area career and technical education
school providing education at the postsecondary
level;
(E) 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.); or
(F) an educational service agency.
[(14)] (20) 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.
(21) English learner.--The term ``English learner''
means--
(A) a secondary school student who is an
English learner, as defined in section 8101 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801); or
(B) an adult or an out-of-school youth who
has limited ability in speaking, reading,
writing, or understanding the English language
and--
(i) whose native language is a
language other than English; or
(ii) who lives in a family
environment in which a language other
than English is the dominant language.
(22) Evidence-based.--The term ``evidence-based'' has
the meaning given the term in section 8101(21)(A) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(21)(A)).
[(15)] (23) Governor.--The term ``Governor'' means
the chief executive officer of a State.
(24) In-demand industry sector or occupation.--The
term ``in-demand industry sector or occupation'' has
the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
[(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)] (25) 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.
(26) Industry or sector partnership.--The term
``industry or sector partnership'' has the meaning
given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
[(18)] (27) 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)] (28) Local educational agency.--The term
``local educational agency'' has the meaning given the
term in section 8101 of the Elementary and
SecondaryEducation Act of 1965.
(29) Local workforce development board.--The term
``local workforce development board'' means a local
workforce development board established under section
107 of the Workforce Innovation and Opportunity Act.
[(20)] (30) 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.
(31) Out-of-school youth.--The term ``out-of-school
youth'' has the meaning given the term in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
[(21)] (32) 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.
(33) Paraprofessional.--The term ``paraprofessional''
has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(34) Pay for success initiative.--The term ``pay for
success initiative'' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801), except that such term
does not include an initiative that--
(A) reduces the special education or related
services that a student would otherwise receive
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.); or
(B) otherwise reduces the rights of a student
or the obligations of an entity under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), or any other law.
[(22)] (35) 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.
(36) Program of study.--The term ``program of study''
means a coordinated, nonduplicative sequence of
secondary and postsecondary academic and technical
content that--
(A) incorporates challenging State academic
standards, including those adopted by a State
under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)), that--
(i) address both academic and
technical knowledge and skills,
including employability skills; and
(ii) are aligned with the needs of
industries in the economy of the State,
region, or local area;
(B) progresses in specificity (beginning with
all aspects of an industry or career cluster
and leading to more occupational specific
instruction);
(C) has multiple entry and exit points that
incorporate credentialing; and
(D) culminates in the attainment of a
recognized postsecondary credential.
(37) Qualified intermediary.--The term ``qualified
intermediary'' means a non-profit entity that
demonstrates expertise to build, connect, sustain, and
measure partnerships with entities such as employers,
schools, community-based organizations, postsecondary
institutions, social service organizations, economic
development organizations, and workforce systems to
broker services, resources, and supports to youth and
the organizations and systems that are designed to
serve youth, including--
(A) connecting employers to classrooms;
(B) assisting in the design and
implementation of career and technical
education programs and programs of study;
(C) delivering professional development;
(D) connecting students to internships and
other work-based learning opportunities; and
(E) developing personalized student supports.
(38) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning
given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
[(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)] (39) Secondary school.--The term ``secondary
school'' has the meaning given the term in section 8101
of the Elementary and SecondaryEducation Act of 1965.
[(28)] (40) Secretary.--The term ``Secretary'' means
the Secretary of Education.
[(29)] (41) Special populations.--The term ``special
populations'' means--
(A) individuals with disabilities;
(B) individuals from economically
disadvantaged families, including [foster
children] youth who are in or have aged out of
the foster care system;
(C) individuals preparing for non-traditional
fields;
(D) single parents, including single pregnant
women;
(E) displaced homemakers; [and]
(F) [individuals with limited English
proficiency.] English learners;
(G) homeless individuals described in section
725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a); and
(H) youth with a parent who--
(i) is a member of the armed forces
(as such term is defined in section
101(a)(4) of title 10, United States
Code); and
(ii) is on active duty (as such term
is defined in section 101(d)(1) of such
title).
(42) Specialized instructional support personnel.--
The term ``specialized instructional support
personnel'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(43) Specialized instructional support services.--The
term ``specialized instructional support services'' has
the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
[(30)] (44) 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)] (45) Support services.--The term ``support
services'' means services related to curriculum
modification, equipment modification, classroom
modification, supportive personnel (including
paraprofessionals and specialized instructional support
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)] (46) 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 Colleges and
Universities Assistance Act of 1978 (25 U.S.C.
1801(a)).
[(34)] (47) 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.
(48) Universal design for learning.--The term
``universal design for learning'' has the meaning given
the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(49) Work-based learning.--The term ``work-based
learning'' means sustained interactions with industry
or community professionals in real workplace settings,
to the extent practicable, or simulated environments at
an educational institution that foster in-depth, first-
hand engagement with the tasks required of a given
career field, that are aligned to curriculum and
instruction.
SEC. 4. TRANSITION PROVISIONS.
The Secretary shall take such steps as [the Secretary
determines to be appropriate] are necessary 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] Strengthening Career and Technical Education for
the 21st Century Act) from any authority under the provisions
of the Carl D. Perkins Vocational and Technical Education Act
of [1998] 2006, as in effect on the day before the date of
enactment of the [Carl D. Perkins Career and Technical
Education Improvement Act of 2006] Strengthening Career and
Technical Education for the 21st Century Act. 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] Strengthening Career and
Technical Education for the 21st Century Act.
* * * * * * *
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.] Federal Government--
(1) to condition or incentivize the receipt of any
grant, contract, or cooperative agreement, or the
receipt of any priority or preference under such grant,
contract, or cooperative agreement, upon a State, local
educational agency, eligible agency, eligible
recipient, eligible entity, or school's adoption or
implementation of specific instructional content,
academic standards and assessments, curricula, or
program of instruction (including any condition,
priority, or preference to adopt the Common Core State
Standards developed under the Common Core State
Standards Initiative, any other academic standards
common to a significant number of States, or any
assessment, instructional content, or curriculum
aligned to such standards);
(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State,
local educational agency, eligible agency, eligible
recipient, eligible entity, or school's specific
instructional content, academic standards and
assessments, curricula, or program of instruction
(including any requirement, direction, or mandate to
adopt the Common Core State Standards developed under
the Common Core State Standards Initiative, any other
academic standards common to a significant number of
States, or any assessment, instructional content, or
curriculum aligned to such standards); and
(3) except as required under sections 112(b), 211(b),
and 223--
(A) to mandate, direct, or control the
allocation of State or local resources; or
(B) to mandate that a State or a political
subdivision of a State spend any funds or incur
any costs not paid for under this Act.
(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)] (d) 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) of theElementary
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.]
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are to be authorized to be appropriated to carry out
this Act (other than sections 114 and 117)--
(1) $1,133,002,074 for fiscal year 2018;
(2) $1,148,618,465 for fiscal year 2019;
(3) $1,164,450,099 for fiscal year 2020;
(4) $1,180,499,945 for fiscal year 2021;
(5) $1,196,771,008 for fiscal year 2022; and
(6) $1,213,266,339 for fiscal year 2023.
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] For each of
fiscal years 2018, 2019, and 2020, 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) Fiscal year 2021 and each succeeding
fiscal year.--For fiscal year 2021 and each of
the succeeding fiscal years, no State shall
receive an allotment under this section for a
fiscal year that is less than 90 percent of the
allotment the State received under this section
for the preceding fiscal year.
[(B)] (C) Ratable reduction.--If for any
fiscal year the amount appropriated for
allotments under this section is insufficient
to satisfy the provisions of [subparagraph (A)]
subparagraph (A) or (B), 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]
15 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] 2 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] State
correctional institutions, juvenile justice
facilities, and educational institutions that
serve individuals with disabilities; and
(B) not less than $60,000 and not more than
$150,000 shall be [available for services]
available to assist eligible recipients in
providing 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;] local
applications;
(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.] section 135--
(1) in--
(A) rural areas;
(B) areas with high percentages of CTE
concentrators or CTE participants; and
(C) areas with high numbers of CTE
concentrators or CTE participants; and
(2) in order to--
(A) foster innovation through the
identification and promotion of promising and
proven career and technical education programs,
practices, and strategies, which may include
practices and strategies that prepare
individuals for nontraditional fields; or
(B) promote the development, implementation,
and adoption of programs of study or career
pathways aligned with State-identified in-
demand occupations or industries.
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] comprising 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)] (B) 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 the
challenging State academic 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 levels of achievement on the
academic assessments described in
section 1111(b)(2) 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
(asdescribed in section
1111(c)(4)(A)(i)(I)(bb) of
theElementary 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.]
(2) Indicators of performance.--
(A) Core indicators of performance for cte
concentrators at the secondary level Each
eligible agency shall identify in the State
plan core indicators of performance for CTE
concentrators at the secondary level that are
valid and reliable, and that include, at a
minimum, measures of each of the following:
(i) The percentage of CTE
concentrators who graduate high school,
as measured by--
(I) the four-year adjusted
cohort graduation rate (defined
in section 8101 of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 7801)); and
(II) at the State's
discretion, the extended-year
adjusted cohort graduation rate
defined in such section 8101
(20 U.S.C. 7801).
(ii) CTE concentrator attainment of
challenging State academic standards
adopted by the State under section
1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)), and measured by the
academic assessments described in
section 1111(b)(2) of such Act (20
U.S.C. 6311(b)(2)).
(iii) The percentage of CTE
concentrators who, in the second
quarter following the program year
after exiting from secondary education,
are in postsecondary education or
advanced training, military service, or
unsubsidized employment.
(iv) Not less than one indicator of
career and technical education program
quality that--
(I) shall include, not less
than one of the following--
(aa) the percentage
of CTE concentrators,
as defined in section
3(11)(A)(ii),
graduating from high
school having attained
recognized
postsecondary
credentials;
(bb) the percentage
of CTE concentrators,
as defined in section
3(11)(A)(ii),
graduating from high
school having attained
postsecondary credits
in the relevant career
and technical
educational program or
program of study earned
through dual and
concurrent enrollment
or another credit
transfer agreement; or
(cc) the percentage
of CTE concentrators,
as defined in section
3(11)(A)(ii),
graduating from high
school having
participated in work-
based learning; and
(II) may include any other
measure of student success in
career and technical education
that is statewide, valid, and
reliable.
(v) The percentage of CTE
concentrators, as defined in section
3(11)(A)(ii), in career and technical
education programs and programs of
study that lead to nontraditional
fields.
(B) Core indicators of performance for cte
concentrators at the postsecondary level.--Each
eligible agency shall identify in the State
plan core indicators of performance for CTE
concentrators at the postsecondary level that
are valid and reliable, and that include, at a
minimum, measures of each of the following:
(i) The percentage of CTE
concentrators, who, during the second
quarter after program completion, are
in education or training activities,
advanced training, or unsubsidized
employment.
(ii) The median earnings of CTE
concentrators in unsubsidized
employment two quarters after program
completion.
(iii) The percentage of CTE
concentrators who receive a recognized
postsecondary credential during
participation in or within 1 year of
program completion.
(iv) The percentage of CTE
concentrators in career and technical
education programs and programs of
study that lead to nontraditional
fields.
(C) Alignment of performance indicators.--In
developing core indicators of performance under
subparagraphs (A) and (B), an eligible agency
shall, to the greatest extent possible, align
the indicators so that substantially similar
information gathered for other State and
Federal programs, or for any other purpose, may
be used to meet the requirements of this
section.
(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.]
(A) State adjusted levels of performance for
core indicators of performance.--
(i) In general.--Each eligible
agency, with input from eligible
recipients, shall establish and
identify in the State plan submitted
under section 122, for the first 2
program years covered by the State
plan, State 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) be sufficiently
ambitious to allow for
meaningful evaluation of
program quality.
(ii) State adjusted levels of
performance for subsequent years.--
Prior to the third program year covered
by the State plan, each eligible agency
shall revise the State levels of
performance for each of the core
indicators of performance for the
subsequent program years covered by the
State plan, taking into account the
extent to which such levels of
performance promote meaningful program
improvement on such indicators. The
State adjusted levels of performance
identified 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.
(iii) Reporting.--The eligible agency
shall, for each year described in
clauses (i) and (iii), publicly report
and widely disseminate the State levels
of performance described in this
subparagraph.
(iv) Revisions.--If unanticipated
circumstances arise in a State, the
eligible agency may revise the State
adjusted levels of performance required
under this subparagraph, and submit
such revised levels of performance with
evidence supporting the revision and
demonstrating public consultation, in a
manner consistent with the procedure
described in subsections (d) and (f) of
section 122.
(B) Actual levels of performance.--At the end
of each program year, the eligible agency shall
determine actual levels of performance on each
of the core indicators of performance and
publicly report and widely disseminate the
actual levels of performance described in this
subparagraph.
(C) Establishment of levels of
performance.--An eligible agency shall
establish State levels of performance under
subparagraph (A) in a manner consistent with
the procedure adopted by the eligible agency
under section 122(d)(9).
(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] consistent with the
form expressed in the State
levels, 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) be sufficiently
ambitious to allow for
meaningful evaluation of
program quality.
(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] third program year
covered by the local plan, the eligible
agency and each eligible recipient
shall reach agreement on the local
adjusted levels of performance for each
of the core indicators of performance
for the [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) local economic
conditions;
[(II)] (III) the extent to
which the local adjusted levels
of performance [promote
continuous improvement on the
core indicators of performance
by the eligible recipient.]
advance the eligible
recipient's accomplishments of
the goals set forth in the
local application; and
(IV) the eligible recipient's
ability and capacity to collect
and access valid, reliable, and
cost effective data.
(vi) Revisions.--If unanticipated
circumstances arise with respect to an
eligible recipient resulting in a
significant change in the factors
described in clause (v), or changes
occur related to improvements in data
or measurement approaches, 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.
(vii) Reporting.--The eligible
recipient shall, for each year
described in clauses (iii) and (iv),
publicly report the local levels of
performance described in this
subparagraph.
[(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)] (B) 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 subgroups of students
described in [section
1111(h)(1)(C)(i)] section
1111(h)(1)(C)(ii) of the
Elementary and Secondary
Education Act of 1965 and
[section 3(29)] section 3(40)
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) State 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] 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] subgroups of
students described in [section
1111(h)(1)(C)(i)] section 1111(h)(1)(C)(ii) of
the Elementary and Secondary Education Act of
1965 and [section 3(29)] section 3(40) 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] The Secretary
shall, in consultation with the Director of the
Institute for Education Sciences, 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 from eligible agencies
under section 113(c), 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 Career, Technical,
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.]
(b) Reasonable Cost.--The Secretary shall take such action as
may be necessary to secure at reasonable cost the information
required by this title. To ensure reasonable cost, the
Secretary, in consultation with the National Center for
Education Statistics and the Office of Career, Technical, and
Adult Education shall determine the methodology to be used and
the frequency with which such information is to be collected.
(c) Single Plan for Research, Development, Dissemination,
Evaluation, and Assessment.--
(1) In general.--The Secretary [may] shall [,
directly or through grants, contracts, or cooperative
agreements,] directly or through grants 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, acting
through the Director of the Institute for
Education Sciences, will evaluate such career
and technical education activities in
accordance with subsection (d)(2); and
(C) include such other information as the
Secretary, in consultation with the Director of
the Institute for Education Sciences,
determines to be appropriate.
(d) Advisory Panel; Evaluation; Reports.--
(1) Independent advisory panel.--
(A) In general.--The Secretary, acting
through the Director of the Institute for
Education Sciences, shall appoint an
independent advisory panel to advise the
Secretary on the implementation of the
[assessment] evaluation described in paragraph
(2) and the plan developed under subsection
(c), including the issues to be addressed and
the methodology of the studies involved to
ensure that the [assessment] evaluation 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[.], which may include
individuals with expertise in
addressing inequities in access to, and
in opportunities for academic and
technical skill attainment; and
(vii) representatives of special
populations.
(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, acting
through the Director of the Institute for
Education Sciences, shall provide for the
conduct of [an independent evaluation and
assessment] a series of research and evaluation
initiatives for each year for which funds are
appropriated to carry out this Act, which are
aligned with the plan in subsection (c)(2), 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] Strengthening Career
and Technical Education for the 21st Century
Act, to the extent practicable, through studies
and analyses conducted independently through
grants[, contracts, and cooperative agreements
that are] to institutions of higher education
or a consortia of one or more institutions of
higher education and one or more private
nonprofit organizations or agencies awarded on
a competitive basis. Such evaluation shall,
whenever possible, use the most recent data
available.
[(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.]
(B) Contents.--The evaluation required under
subparagraph (A) shall include descriptions and
evaluations of--
(i) the extent and success of the
integration of challenging State
academic standards adopted under
1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)) 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 that
receive a regular high school diploma,
as such term is defined under section
8101 of the Elementary and Secondary
Education Act of 1965 or a State-
defined alternative diploma described
in section 8101(25)(A)(ii)(I)(bb) of
such Act (20 U.S.C.
7801(25)(A)(ii)(I)(bb)));
(ii) the extent to which career and
technical education programs and
programs of study prepare students,
including special populations, for
subsequent employment in high-skill,
high-wage occupations (including those
in which mathematics and science, which
may include computer science, skills
are critical), or for participation in
postsecondary education;
(iii) employer involvement in,
benefit from, and satisfaction with,
career and technical education programs
and programs of study and career and
technical education students'
preparation for employment;
(iv) efforts to expand access to
career and technical education programs
of study for all students;
(v) innovative approaches to work-
based learning programs that increase
participation and alignment with
employment in high-growth industries,
including in rural and low-income
areas;
(vi) the extent to which career and
technical education programs supported
by this Act are grounded on evidence-
based research;
(vii) the impact of the amendments to
this Act made under the Strengthening
Career and Technical Education for the
21st Century Act, including
comparisons, where appropriate, of--
(I) the use of the
comprehensive needs assessment
under section 134(b);
(II) the implementation of
programs of study; and
(III) coordination of
planning and program delivery
with other relevant laws,
including the Workforce
Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.) and
the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6301 et seq.);
(viii) changes in career and
technical education program
accountability as described in section
113 and any effects of such changes on
program delivery and program quality;
and
(ix) changes in student enrollment
patterns.
(C) Reports.--
(i) In general.--The Secretary, in
consultation with the Director of the
Institute for Education Sciences, shall
submit to the relevant committees of
Congress--
(I) an interim report
regarding the [assessment]
evaluation and summary of
research activities carried out
under this section on or before
January 1, [2010] 2021; and
(II) a final report,
summarizing all studies and
analyses that relate to the
[assessment] evaluation and
summary of research activities
carried out under this section
and that are completed after
the interim report, on or
before July 1, [2011] 2023.
(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.
(iii) Dissemination.--In addition to
submitting the reports required under
clause (i), the Secretary shall
disseminate the results of the
evaluation widely and on a timely basis
in order to increase the understanding
among State and local officials and
educators of the effectiveness of
programs and activities supported under
the Act and of the career and technical
education programs that are most likely
to produce positive educational and
employment outcomes.
[(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
thoseprograms with
challenging State
academic standards,
asadopted by States
under section
1111(b)(1) of the
Elementaryand 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.]
(3) Innovation.--
(A) Grant program.--To identify and support
evidence-based and innovative strategies and
activities to improve career and technical
education and align workforce skills with labor
market needs as part of the plan developed
under subsection (c) and the requirements of
this subsection, the Secretary may award grants
to eligible entities to--
(i) create, develop, implement, or
take to scale evidence-based, field
initiated innovations, including
through a pay for success initiative to
improve student outcomes in career and
technical education; and
(ii) rigorously evaluate such
innovations.
(B) Matching funds.--
(i) Matching funds required.--Except
as provided under clause (ii), to
receive a grant under this paragraph,
an eligible entity shall, through cash
or in-kind contributions, provide
matching funds from public or private
sources in an amount equal to at least
50 percent of the funds provided under
such grant.
(ii) Exception.--The Secretary may
waive the matching fund requirement
under clause (i) if the eligible entity
demonstrates exceptional circumstances.
(C) Application.--To receive a grant under
this paragraph, an eligible entity shall submit
to the Secretary at such a time as the
Secretary may require, an application that--
(i) identifies and designates the
agency, institution, or school
responsible for the administration and
supervision of the program assisted
under this paragraph;
(ii) identifies the source and amount
of the matching funds required under
subparagraph (B)(i);
(iii) describes how the eligible
entity will use the grant funds,
including how such funds will directly
benefit students, including special
populations, served by the eligible
entity;
(iv) describes how the program
assisted under this paragraph will be
coordinated with the activities carried
out under section 124 or 135;
(v) describes how the program
assisted under this paragraph aligns
with the single plan described in
subsection (c); and
(vi) describes how the program
assisted under this paragraph will be
evaluated and how that evaluation may
inform the report described in
subsection (d)(2)(C).
(D) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
applications from eligible entities that will
predominantly serve students from low-income
families.
(E) Geographic diversity.--
(i) In general.--In awarding grants
under this paragraph, the Secretary
shall award no less than 25 percent of
the total available funds for any
fiscal year to eligible entities
proposing to fund career and technical
education activities that serve--
(I) a local educational
agency with an urban-centric
district locale code of 32, 33,
41, 42, or 43, as determined by
the Secretary;
(II) an institution of higher
education primarily serving the
one or more areas served by
such a local educational
agency;
(III) a consortium of such
local educational agencies or
such institutions of higher
education;
(IV) a partnership between--
(aa) an educational
service agency or a
nonprofit organization;
and
(bb) such a local
educational agency or
such an institution of
higher education; or
(V) a partnership between--
(aa) a grant
recipient described in
subclause (I) or (II);
and
(bb) a State
educational agency.
(ii) Exception.--Notwithstanding
clause (i), the Secretary shall reduce
the amount of funds made available
under such clause if the Secretary does
not receive a sufficient number of
applications of sufficient quality.
(F) Uses of funds.--An eligible entity that
is awarded a grant under this paragraph shall
use the grant funds, in a manner consistent
with subparagraph (A)(i), to--
(i) improve career and technical
education outcomes of students served
by eligible entities under this title;
(ii) improve career and technical
education teacher effectiveness;
(iii) improve the transition of
students from secondary education to
postsecondary education or employment;
(iv) improve the incorporation of
comprehensive work-based learning into
career and technical education;
(v) increase the effective use of
technology within career and technical
education programs;
(vi) support new models for
integrating academic content and career
and technical education content in such
programs;
(vii) support the development and
enhancement of innovative delivery
models for career and technical
education;
(viii) work with industry to design
and implement courses or programs of
study aligned to labor market needs in
new or emerging fields;
(ix) integrate science, technology,
engineering, and mathematics fields,
including computer science education,
with career and technical education;
(x) support innovative approaches to
career and technical education by
redesigning the high school experience
for students, which may include
evidence-based transitional support
strategies for students who have not
met postsecondary education eligibility
requirements;
(xi) improve CTE concentrator
employment outcomes in nontraditional
fields; or
(xii) support the use of career and
technical education programs and
programs of study in a coordinated
strategy to address identified employer
needs and workforce shortages, such as
shortages in the early childhood,
elementary school, and secondary school
education workforce.
(G) Evaluation.--Each eligible entity
receiving a grant under this paragraph shall
provide for an independent evaluation of the
activities carried out using such grant and
submit to the Secretary an annual report that
includes--
(i) a description of how funds
received under this paragraph were
used;
(ii) the performance of the eligible
entity with respect to, at a minimum,
the performance indicators described
under section 113, as applicable, and
disaggregated by--
(I) subgroups of students
described in section
1111(c)(2)(B) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6311(c)(2)(B));
(II) special populations; and
(III) as appropriate, each
career and technical education
program and program of study;
and
(iii) a quantitative analysis of the
effectiveness of the project carried
out under this paragraph.
[(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.]
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $7,523,285 for fiscal year 2018;
(2) $7,626,980 for fiscal year 2019;
(3) $7,732,104 for fiscal year 2020;
(4) $7,838,677 for fiscal year 2021;
(5) $7,946,719 for fiscal year 2022; and
(6) $8,056,251 for fiscal year 2023.
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).
[(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)] (b) 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. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.
(a) Grant Program.--Subject to the availability of
appropriations, the Secretary shall make grants under this
section, to provide basic support for the education and
training of Indian students, to tribally controlled
postsecondary career and technical institutions that are not
receiving Federal assistance as of the date on which the grant
is provided under--
(1) title I of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1802 et
seq.); or
(2) the Navajo Community College Act (25 U.S.C. 640a
et seq.).
(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.--To be eligible to receive a grant under
this section, a tribally controlled postsecondary career and
technical institution that is not receiving Federal assistance
under title I of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.) or
the Navajo Community College Act (25 U.S.C. 640a et seq.) shall
submit to the Secretary an application at such time, in such
manner, and containing such information 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 Colleges and
Universities 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.]
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $8,400,208 for fiscal year 2018;
(2) $8,515,989 for fiscal year 2019;
(3) $8,633,367 for fiscal year 2020;
(4) $8,752,362 for fiscal year 2021;
(5) $8,872,998 for fiscal year 2022; and
(6) $8,995,296 for fiscal year 2023.
[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) Workforce innovation and opportunity Act.--None
of the functions and activities assisted under this
section shall duplicate the functions and activities
carried out under the Workforce Innovation and
Opportunity Act.
[(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. 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] 4-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] Strengthening Career
and Technical Education for the 21st Century Act.
(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] 4-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)] (including teachers, faculty,
specialized instructional support personnel,
paraprofessionals, school leaders, authorized public
chartering agencies, and charter school leaders,
consistent with State law, employers, labor
organizations, parents, students, 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 101 of
the Workforce Innovation and
Opportunity Act;
[(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 withchallenging State academic
standards adopted by the Stateunder
section 1111(b)(1) of the Elementary
and SecondaryEducation 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 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 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) a well-rounded education (as
defined in section8101 of the
Elementary and Secondary Education Act
of1965); 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 subparagraphs (B) and (C)(iii) of section
102(b)(2), and, as appropriate, section 103(b)(3)(A),
and section 121(c), of the Workforce Innovation and
Opportunity Act 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 combined plan.--The
eligible agency may submit the plan required under this
section as part of the plan submitted under section 103
of the Workforce Innovation and Opportunity Act, 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.]
(b) Options for Submission of State Plan.--
(1) Combined plan.--The eligible agency may submit a
combined plan that meets the requirements of this
section and the requirements of section 103 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3113), unless the eligible agency opts to submit a
single plan under paragraph (2) and informs the
Secretary of such decision.
(2) Single plan.--If the eligible agency elects not
to submit a combined plan as described in paragraph
(1), such eligible agency shall submit a single State
plan.
(c) Plan Development.--
(1) In general.--The eligible agency shall--
(A) develop the State plan in consultation
with--
(i) representatives of secondary and
postsecondary career and technical
education programs, including eligible
recipients and representatives of 2-
year Minority-Serving Institutions and
Historically Black Colleges and
Universities in States where such
institutions are in existence, and
charter school representatives in
States where such schools are in
existence, which shall include
teachers, faculty, school leaders,
specialized instructional support
personnel (including guidance
counselors), and paraprofessionals;
(ii) interested community
representatives, including parents and
students;
(iii) the State workforce development
board described in section 101 of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3111);
(iv) representatives of special
populations;
(v) representatives of business and
industry (including representatives of
small business), which shall include
representatives of industry and sector
partnerships in the State, as
appropriate, and representatives of
labor organizations in the State;
(vi) representatives of agencies
serving out-of-school youth, homeless
children and youth, and at-risk youth;
and
(vii) representatives of Indian
tribes located in the State; and
(B) consult the Governor of the State, and
the heads of other State agencies with
authority for career and technical education
programs that are not the eligible agency, with
respect to the development of the State plan.
(2) Activities and procedures.--The eligible agency
shall develop effective activities and procedures,
including access to information needed to use such
procedures, to allow the individuals and entities
described in paragraph (1) to participate in State and
local decisions that relate to development of the State
plan.
(d) Plan Contents.--The State plan shall include--
(1) a summary of State-supported workforce
development activities (including education and
training) in the State, including the degree to which
the State's career and technical education programs and
programs of study are aligned with such activities;
(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including
special populations) and for meeting the skilled
workforce needs of employers, including in-demand
industry sectors and occupations as identified by the
State, and how the State's career and technical
education programs will help to meet these goals;
(3) a summary of the strategic planning elements of
the unified State plan required under section 102(b)(1)
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112(b)(1)), including the elements related to
system alignment under section 102(b)(2)(B) of such Act
(29 U.S.C. 3112(b)(2)(B));
(4) a description of the career and technical
education programs or programs of study that will be
supported, developed, or improved, including
descriptions of--
(A) the programs of study to be developed at
the State level and made available for adoption
by eligible recipients;
(B) the process and criteria to be used for
approving locally developed programs of study
or career pathways, including how such programs
address State workforce development and
education needs; and
(C) how the eligible agency will--
(i) make information on approved
programs of study and career pathways,
including career exploration, work-
based learning opportunities, dual and
concurrent enrollment opportunities,
and guidance and advisement resources,
available to students and parents;
(ii) ensure nonduplication of
eligible recipients' development of
programs of study and career pathways;
(iii) determine alignment of eligible
recipients' programs of study to the
State, regional or local economy,
including in-demand fields and
occupations identified by the State
workforce development board as
appropriate;
(iv) provide equal access to
activities assisted under this Act for
special populations;
(v) coordinate with the State
workforce board to support the local
development of career pathways and
articulate processes by which career
pathways will be developed by local
workforce development boards;
(vi) use State, regional, or local
labor market data to align career and
technical education with State labor
market needs;
(vii) support effective and
meaningful collaboration between
secondary schools, postsecondary
institutions, and employers, which may
include the development of articulation
agreements described in section
124(b)(3); and
(viii) improve outcomes for CTE
concentrators, including those who are
members of special populations;
(5) a description of the criteria and process for how
the eligible agency will approve eligible recipients
for funds under this Act, including how--
(A) each eligible recipient will promote
academic achievement;
(B) each eligible recipient will promote
skill attainment, including skill attainment
that leads to a recognized postsecondary
credential; and
(C) each eligible recipient will ensure the
local needs assessment under section 134 takes
into consideration local economic and education
needs, including where appropriate, in-demand
industry sectors and occupations;
(6) a description of how the eligible agency will
support the recruitment and preparation of teachers,
including special education teachers, faculty,
administrators, specialized instructional support
personnel, and paraprofessionals to provide career and
technical education instruction, leadership, and
support;
(7) a description of how the eligible agency will use
State leadership funding to meet the requirements of
section 124(b);
(8) a description of how funds received by the
eligible agency through the allotment made under
section 111 will be distributed--
(A) among career and technical education at
the secondary level, or career and technical
education at the postsecondary and adult level,
or both, including how such distribution will
most effectively provide students with the
skills needed to succeed in the workplace; and
(B) among any consortia that may be formed
among secondary schools and eligible
institutions, and how funds will be distributed
among the members of the consortia, including
the rationale for such distribution and how it
will most effectively provide students with the
skills needed to succeed in the workplace;
(9) a description of the procedure the eligible
agency will adopt for determining State adjusted levels
of performance described in section 113, which at a
minimum shall include--
(A) consultation with stakeholders identified
in paragraph (1);
(B) opportunities for the public to comment
in person and in writing on the State adjusted
levels of performance included in the State
plan; and
(C) submission of public comment on State
adjusted levels of performance as part of the
State plan; and
(10) assurances that--
(A) the eligible agency will comply with the
requirements of this Act and the provisions of
the State plan, including the provision of a
financial audit of funds received under this
Act, which may be included as part of an audit
of other Federal or State programs;
(B) none of the funds expended under this Act
will be used to acquire equipment (including
computer software) in any instance in which
such acquisition results in a direct financial
benefit to any organization representing the
interests of the acquiring entity or the
employees of the acquiring entity, or any
affiliate of such an organization;
(C) the eligible agency will use the funds to
promote preparation for high-skill, high-wage,
or in-demand occupations and nontraditional
fields, as identified by the State;
(D) the eligible agency will use the funds
provided under this Act to implement career and
technical education programs and programs of
study for individuals in State correctional
institutions, including juvenile justice
facilities; and
(E) the eligible agency will provide local
educational agencies, area career and technical
education schools, and eligible institutions in
the State with technical assistance, including
technical assistance on how to close gaps in
student participation and performance in career
and technical education programs.
(e) Consultation.--
(1) In general.--The eligible agency shall develop
the portion of each State plan relating to the amount
and uses of any funds proposed to be reserved for adult
career and technical education, postsecondary career
and technical education, and secondary career and
technical education after consultation with the--
(A) 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;
(B) the State agency responsible for
secondary education; and
(C) the State agency responsible for adult
education.
(2) Objections of state agencies.--If a State agency
other than the eligible agency finds that a portion of
the final State plan is objectionable, that objection
shall be filed together with the State plan. The
eligible agency shall respond to any objections of such
State agency in the State plan submitted to the
Secretary.
(f) Plan Approval.--
(1) In general.--The Secretary shall approve a State
plan not later than 120 days after its submission to
the Secretary unless the Secretary--
(A) determines that the State plan does not
meet the requirements of this Act, including
the requirements described in section 113; and
(B) meets the requirements of paragraph (2)
with respect to such plan.
(2) Disapproval.--The Secretary shall--
(A) have the authority to disapprove a State
plan only if the Secretary--
(i) determines how the State plan
fails to meet the requirements of this
Act; and
(ii) provides to the eligible agency,
in writing, notice of such
determination and the supporting
information and rationale to
substantiate such determination; and
(B) not finally disapprove a State plan,
except after making the determination and
providing the information described in
subparagraph (A), and giving the eligible
agency notice and an opportunity for a hearing.
SEC. 123. IMPROVEMENT PLANS.
(a) State Program Improvement.--
(1) Plan.--If a State fails to meet at least 90
[percent of an agreed upon] percent of the 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,] appropriate State 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,]
purposes of this section, including after
implementation of the improvement plan described in
paragraph (1), based on the State's adjusted levels of
performance, the Secretary shall [work with the
eligible agency] provide the eligible agency technical
assistance 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.]
(A) In general.--If the eligible agency fails
to make any improvement in meeting any of the
State adjusted levels of performance for any of
the core indicators of performance identified
under paragraph (1) during the first 2 years of
implementation of the improvement plan required
under paragraph (1), the eligible agency--
(i) shall develop and implement, in
consultation with the stakeholders
described in section 122(c)(1)(A), a
revised improvement plan (with special
consideration of performance gaps
identified under section 113(c)(2)(B))
to address the reasons for such
failure; and
(ii) shall continue to implement such
improvement plan until the eligible
agency meets at least 90 percent of the
State adjusted level of performance for
the same core indicators of performance
for which the plan is revised.
(B) Revised performance improvement plan
implementation.--The Secretary shall provide
technical assistance, monitoring, and oversight
to each eligible agency with a plan revised
under subparagraph (A)(i) until such agency
meets the requirements of subparagraph (A)(ii).
[(B)] (C) Waiver for exceptional
circumstances.--The Secretary may waive the
[sanction in] requirements of 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] local stakeholders
included in section 134(d)(1) during the first program
year succeeding the program year for which the eligible
recipient 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.] shall provide technical
assistance to assist the eligible recipient in meeting
its responsibilities under section 134.
(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.]
(A) In general.--If the eligible recipient
fails to make any improvement in meeting any of
the local adjusted levels of performance for
any of the core indicators of performance
identified under paragraph (2) during a number
of years determined by the eligible agency, the
eligible recipient--
(i) shall revise the improvement plan
described in paragraph (2) to address
the reasons for such failure; and
(ii) shall continue to implement such
improvement plan until such recipient
meets at least 90 percent of an agreed
upon local adjusted level of
performance for the same core
indicators of performance for which the
plan is revised.
(B) Waiver for exceptional circumstances.--
[In determining whether to impose sanctions
under subparagraph (A), the] The eligible
agency may [waive imposing sanctions] waive the
requirements of subparagraph (A)--
(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[.];
or
(iii) in response to a public request
from an eligible recipient consistent
with clauses (i) and (ii).
[(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.]
(c) Plan Development.--Except for consultation described in
subsection (b)(2), the State and local improvement plans, and
the elements of such plans, required under this section shall
be developed solely by the eligible agency or the eligible
recipient, respectively.
SEC. 124. STATE LEADERSHIP ACTIVITIES.
(a) General Authority.--From amounts reserved under section
112(a)(2), each eligible agency [shall conduct State leadership
activities.] shall--
(1) conduct State leadership activities directly; and
(2) report on the effectiveness of such use of funds
in achieving the goals described in section 122(d)(2)
and the State adjusted levels of performance described
in section 113(b)(3)(A).
(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) a well-roundededucation (as defined in
section 8101 of the Elementaryand Secondary
Education Act of 1965); and
[(B) career and technical education
subjects;]
(1) developing statewide programs of study, which may
include standards, curriculum, and course development,
and career exploration, guidance, and advisement
activities and resources;
(2) approving locally developed programs of study
that meet the requirements established in section
122(d)(4)(B);
(3) establishing statewide articulation agreements
aligned to approved programs of study;
(4) establishing statewide partnerships among local
educational agencies, institutions of higher education,
and employers, including small businesses, to develop
and implement programs of study aligned to State and
local economic and education needs, including as
appropriate, in-demand industry sectors and
occupations;
(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.]
(6) support services for individuals in State
institutions, such as State correctional institutions,
including juvenile justice facilities, and educational
institutions that serve individuals with disabilities;
(7) for faculty and teachers providing career and
technical education instruction, support services, and
specialized instructional support services, high-
quality comprehensive professional development that is,
to the extent practicable, grounded in evidence-based
research (to the extent a State determines that such
evidence is reasonably available) that identifies the
most effective educator professional development
process and is coordinated and aligned with other
professional development activities carried out by the
State (including under title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.) and title II of the Higher Education Act of 1965
(20 U.S.C. 1021 et seq.)), including programming that--
(A) promotes the integration of the
challenging State academic standards adopted by
the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1)) and relevant technical
knowledge and skills;
(B) prepares career and technical education
teachers, faculty, specialized instructional
support personnel, and paraprofessionals to
provide appropriate accommodations for students
who are members of special populations,
including through the use of principles of
universal design for learning; and
(C) increases understanding of industry
standards, as appropriate, for faculty
providing career and technical education
instruction; and
(8) 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
the Workforce Innovation and Opportunity Act;
[(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.]
(1) 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 level of performance
established under section 113(b)(4)(A)
in a manner that reflects sustained or
significant improvement;
(ii) eligible recipients effectively
developing connections between
secondary education and postsecondary
education and training;
(iii) the integration of academic and
technical standards;
(iv) eligible recipients' progress in
closing achievement gaps among
subpopulations who participate in
programs of study; or
(v) other factors relating to the
performance of eligible recipients
under this Act as the eligible agency
determines are appropriate; or
(B) if an eligible recipient elects to use
funds as permitted under section 135(c);
(2) providing support for the adoption and
integration of recognized postsecondary credentials or
for consultation and coordination with other State
agencies for the identification, consolidation, or
elimination of licenses or certifications which pose an
unnecessary barrier to entry for aspiring workers and
provide limited consumer protection;
(3) the creation, implementation, and support of pay-
for-success initiatives leading to recognized
postsecondary credentials;
(4) support for career and technical education
programs for adults and out-of-school youth concurrent
with their completion of their secondary school
education in a school or other educational setting;
(5) the creation, evaluation, and support of
competency-based curricula;
(6) support for the development, implementation, and
expansion of programs of study or career pathways in
areas declared to be in a state of emergency under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191);
(7) providing support for dual or concurrent
enrollment programs, such as early college high
schools;
(8) improvement of career guidance and academic
counseling programs that assist students in making
informed academic and career and technical education
decisions, including academic and financial aid
counseling;
(9) support for the integration of employability
skills into career and technical education programs and
programs of study;
(10) support for programs and activities that
increase access, student engagement, and success in
science, technology, engineering, and mathematics
fields (including computer science), particularly for
students who are members of groups underrepresented in
such subject fields, such as female students, minority
students, and students who are members of special
populations;
(11) support for career and technical student
organizations, especially with respect to efforts to
increase the participation of students who are members
of special populations;
(12) support for establishing and expanding work-
based learning opportunities;
(13) support for preparing, retaining, and training
of career and technical education teachers, faculty,
specialized instructional support personnel, and
paraprofessionals, such as preservice, professional
development, and leadership development programs;
(14) integrating and aligning programs of study and
career pathways;
(15) supporting the use of career and technical
education programs and programs of study aligned with
State, regional, or local in-demand industry sectors or
occupations identified by State or local workforce
development boards;
(16) making all forms of instructional content widely
available, which may include use of open educational
resources;
(17) support for the integration of arts and design
skills, when appropriate, into career and technical
education programs and programs of study; and
(18) support for accelerated learning programs
(described in section 4104(b)(3)(A)(i)(IV) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7114(b)(3)(A)(i)(IV)) when any such program is
part of a program of study.
(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. 134. [LOCAL PLAN] LOCAL APPLICATION FOR CAREER AND TECHNICAL
EDUCATION PROGRAMS.
(a) [Local Plan] Local Application 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] submit a local application to the
eligible agency. [Such local plan] Such local application 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) a well-roundededucation (as
defined in section 8101 of the
Elementaryand 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 evel to enroll in
rigorous and challenging courses inorder to
provide a well-rounded education (as defined
insection 8101 of the Elementary and Secondary
EducationAct 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 107 of
the Workforce Innovation and Opportunity Act (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.]
(b) Contents.--The eligible agency shall determine the
requirements for local applications, except that each local
application shall contain--
(1) a description of the results of the comprehensive
needs assessment conducted under subsection (c);
(2) information on the programs of study approved by
a State under section 124(b)(2) supported by the
eligible recipient with funds under this part,
including--
(A) how the results of the comprehensive
needs assessment described in subsection (c)
informed the selection of the specific career
and technical education programs and activities
selected to be funded; and
(B) a description of any new programs of
study the eligible recipient will develop and
submit to the State for approval;
(3) a description of how the eligible recipient will
provide--
(A) career exploration and career development
coursework, activities, or services;
(B) career information; and
(C) an organized system of career guidance
and academic counseling to students before
enrolling and while participating in a career
and technical education program; and
(4) a description of how the eligible recipient
will--
(A) provide activities to prepare special
populations for high-skill, high-wage, or in-
demand occupations that will lead to self-
sufficiency; and
(B) prepare CTE participants for
nontraditional fields.
(c) Comprehensive Needs Assessment.--
(1) In general.--To be eligible to receive financial
assistance under this part, an eligible recipient
shall--
(A) conduct a comprehensive local needs
assessment related to career and technical
education; and
(B) not less than once every 2 years, update
such comprehensive local needs assessment.
(2) Requirements.--The comprehensive local needs
assessment described under paragraph (1) shall
include--
(A) an evaluation of the performance of the
students served by the eligible recipient with
respect to State and local adjusted levels of
performance established pursuant to section
113, including an evaluation of performance for
special populations;
(B) a description of how career and technical
education programs offered by the eligible
recipient are--
(i) sufficient in size, scope, and
quality to meet the needs of all
students served by the eligible
recipient; and
(ii)(I) aligned to State, regional,
or local in-demand industry sectors or
occupations identified by the State or
local workforce development board,
including career pathways, where
appropriate; or
(II) designed to meet local education
or economic needs not identified by
State or local workforce development
boards;
(C) an evaluation of progress toward the
implementation of career and technical
education programs and programs of study;
(D) an evaluation of strategies needed to
overcome barriers that result in lowering rates
of access to, or lowering success in, career
and technical education programs for special
populations, which may include strategies to
establish or utilize existing flexible learning
and manufacturing facilities, such as
makerspaces;
(E) a description of how the eligible
recipient will improve recruitment, retention,
and training of career and technical education
teachers, faculty, specialized instructional
support personnel, paraprofessionals, and
career, academic, and guidance counselors,
including individuals in groups
underrepresented in such professions; and
(F) a description of how the eligible
recipient will support the transition to
teaching from business and industry.
(d) Consultation.--In conducting the comprehensive needs
assessment under subsection (c), an eligible recipient shall
involve a diverse body of stakeholders, including, at a
minimum--
(1) representatives of career and technical education
programs in a local educational agency or educational
service agency, including teachers and administrators;
(2) representatives of career and technical education
programs at postsecondary educational institutions,
including faculty and administrators;
(3) representatives of State or local workforce
development boards and a range of local or regional
businesses or industries;
(4) parents and students;
(5) representatives of special populations; and
(6) representatives of local agencies serving out-of-
school youth, homeless children and youth, and at-risk
youth (as defined in section 1432 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6472)).
(e) Continued Consultation.--An eligible recipient receiving
financial assistance under this part shall consult with the
entities described in subsection (d) on an ongoing basis to--
(1) provide input on annual updates to the
comprehensive needs assessment required under
subsection (c);
(2) ensure programs of study are--
(A) responsive to community employment needs;
(B) aligned with employment priorities in the
State, regional, or local economy identified by
employers and the entities described in
subsection (d), which may include in-demand
industry sectors or occupations identified by
the local workforce development board;
(C) informed by labor market information,
including information provided under section
15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C.
491-2(e)(2)(C));
(D) designed to meet current, intermediate,
or long-term labor market projections; and
(E) allow employer input, including input
from industry or sector partnerships in the
local area, where applicable, into the
development and implementation of programs of
study to ensure programs align with skills
required by local employment opportunities,
including activities such as the identification
of relevant standards, curriculum, industry-
recognized credentials, and current technology
and equipment;
(3) identify and encourage opportunities for work-
based learning; and
(4) ensure funding under this part is used in a
coordinated manner with other local resources.
[SEC. 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) a well-rounded education (asdefined in
section 8101 of the Elementary and Secondary
EducationAct 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, 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;
[(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 the Workforce
Innovation and Opportunity Act;
[(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.]
SEC. 135. LOCAL USES OF FUNDS.
(a) General Authority.--Each eligible recipient that receives
funds under this part shall use such funds to develop,
coordinate, implement, or improve career and technical
education programs to meet the needs identified in the
comprehensive needs assessment described in section 134(c).
(b) Requirements for Uses of Funds.--Funds made available to
eligible recipients under this part shall be used to support
career and technical education programs that are of sufficient
size, scope, and quality to be effective and--
(1) provide career exploration and career development
activities through an organized, systematic framework
designed to aid students, before enrolling and while
participating in a career and technical education
program, in making informed plans and decisions about
future education and career opportunities and programs
of study, which may include--
(A) introductory courses or activities
focused on career exploration and career
awareness;
(B) readily available career and labor market
information, including information on--
(i) occupational supply and demand;
(ii) educational requirements;
(iii) other information on careers
aligned to State or local economic
priorities; and
(iv) employment sectors;
(C) programs and activities related to the
development of student graduation and career
plans;
(D) career guidance and academic counselors
that provide information on postsecondary
education and career options; or
(E) any other activity that advances
knowledge of career opportunities and assists
students in making informed decisions about
future education and employment goals;
(2) provide professional development for teachers,
principals, school leaders, administrators, faculty,
and career and guidance counselors with respect to
content and pedagogy that--
(A) supports individualized academic and
career and technical education instructional
approaches, including the integration of
academic and career and technical education
standards and curriculum;
(B) ensures labor market information is used
to inform the programs, guidance, and
advisement offered to students;
(C) provides educators with opportunities to
advance knowledge, skills, and understanding of
all aspects of an industry, including the
latest workplace equipment, technologies,
standards, and credentials;
(D) supports administrators in managing
career and technical education programs in the
schools, institutions, or local educational
agencies of such administrators;
(E) supports the implementation of strategies
to improve student achievement and close gaps
in student participation and performance in
career and technical education programs; and
(F) provides educators with opportunities to
advance knowledge, skills, and understanding in
pedagogical practices, including, to the extent
the eligible recipient determines that such
evidence is reasonably available, evidence-
based pedagogical practices;
(3) provide career and technical education students,
including special populations, with the skills
necessary to pursue high-skill, high-wage occupations;
(4) support integration of academic skills into
career and technical education programs and programs of
study to support CTE participants at the secondary
school level in meeting the challenging State academic
standards adopted under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)) by the State in which the eligible
recipient is located;
(5) plan and carry out elements that support the
implementation of career and technical education
programs and programs of study and student achievement
of the local adjusted levels of performance established
under section 113, which may include--
(A) curriculum aligned with the requirements
for a program of study;
(B) sustainable relationships among
education, business and industry, and other
community stakeholders, including industry or
sector partnerships in the local area, where
applicable, that are designed to facilitate the
process of continuously updating and aligning
programs of study with skills in demand in the
State, regional, or local economy;
(C) dual or concurrent enrollment programs,
including early college high schools, and the
development or implementation of articulation
agreements;
(D) appropriate equipment, technology, and
instructional materials (including support for
library resources) aligned with business and
industry needs, including machinery, testing
equipment, tools, implements, hardware and
software, and other new and emerging
instructional materials;
(E) a continuum of work-based learning
opportunities;
(F) industry-recognized certification exams
or other assessments leading toward industry-
recognized postsecondary credentials;
(G) efforts to recruit and retain career and
technical education program administrators and
educators;
(H) where applicable, coordination with other
education and workforce development programs
and initiatives, including career pathways and
sector partnerships developed under the
Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.) and other Federal laws and
initiatives that provide students with
transition-related services, including the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
(I) expanding opportunities for students to
participate in distance career and technical
education and blended-learning programs;
(J) expanding opportunities for students to
participate in competency-based education
programs;
(K) improving career guidance and academic
counseling programs that assist students in
making informed academic and career and
technical education decisions, including
academic and financial aid counseling;
(L) supporting the integration of
employability skills into career and technical
education programs and programs of study;
(M) supporting programs and activities that
increase access, student engagement, and
success in science, technology, engineering,
and mathematics fields (including computer
science) for students who are members of groups
underrepresented in such subject fields;
(N) providing career and technical education,
in a school or other educational setting, for
adults or a school-aged individual who has
dropped out of a secondary school to complete
secondary school education or upgrade technical
skills;
(O) career and technical student
organizations, including student preparation
for and participation in technical skills
competitions aligned with career and technical
education program standards and curriculum;
(P) making all forms of instructional content
widely available, which may include use of open
educational resources;
(Q) supporting the integration of arts and
design skills, when appropriate, into career
and technical education programs and programs
of study;
(R) where appropriate, expanding
opportunities for CTE concentrators to
participate in accelerated learning programs
(described in section 4104(b)(3)(A)(i)(IV) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)) as part
of a program of study; and
(S) other activities to improve career and
technical education programs; and
(6) develop and implement evaluations of the
activities carried out with funds under this part,
including evaluations necessary to complete the
comprehensive needs assessment required under section
134(c) and the local report required under section
113(b)(4)(C).
(c) Pooling Funds.--An eligible recipient may pool a portion
of funds received under this Act with a portion of funds
received under this Act available to not less than one other
eligible recipient to support implementation of programs of
study through the activities described in subsection (b)(2).
(d) Administrative Costs.--Each eligible recipient receiving
funds under this part shall not use more than 5 percent of such
funds for costs associated with the administration of
activities under this section.
[TITLE II--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 Colleges
and Universities 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 as part of a well-rounded
education(as defined in section 8101 of the
Elementary and SecondaryEducation 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] II--GENERAL PROVISIONS
PART A--FEDERAL ADMINISTRATIVE PROVISIONS
SEC. [311.] 211. 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.]
(A) In general.--Except as provided in
subparagraph (B), (C), or (D), in order for a
State to receive its full allotment of funds
under this Act for any fiscal year, the
Secretary must find that the State's fiscal
effort per student, or the aggregate
expenditures of such State, with respect to
career and technical education for the
preceding fiscal year was not less than the
fiscal effort per student, or the aggregate
expenditures of such State, for the second
preceding fiscal year.
(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.] shall,
at the request of the State, exclude
competitive or incentive-based programs
established by the State, capital expenditures,
special one-time project costs, and the cost of
pilot programs.
(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.
(D) Establishing the state baseline.--
(i) In general.--For purposes of
subparagraph (A), the State may--
(I) continue to use the
State's fiscal effort per
student, or aggregate
expenditures of such State,
with respect to career and
technical education, as was in
effect on the day before the
date of enactment of the
Strengthening Career and
Technical Education for the
21st Century Act; or
(II) establish a new level of
fiscal effort per student, or
aggregate expenditures of such
State, with respect to career
and technical education, which
is not less than 90 percent of
the State's fiscal effort per
student, or the aggregate
expenditures of such State,
with respect to career and
technical education for the
preceding fiscal year.
(ii) Amount The amount of the new
level described in clause (i)(II) shall
be the State's fiscal effort per
student, or aggregate expenditures of
such State, with respect to career and
technical education, for the first full
fiscal year following the enactment of
the Strengthening Career and Technical
Education for the 21st Century Act.
[(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.]
(2) Failure to meet.--The Secretary shall reduce the
amount of a State's allotment of funds under this Act
for any fiscal year in the exact proportion by which
the State fails to meet the requirement of paragraph
(1) by falling below the State's fiscal effort per
student or the State's aggregate expenditures (using
the measure most favorable to the State), if the State
failed to meet such requirement (as determined using
the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
(3) Waiver.--The Secretary may waive paragraph (2)
due to exceptional or uncontrollable circumstances
affecting the ability of the State to meet the
requirement of paragraph (1).
SEC. [312.] 212. AUTHORITY TO MAKE PAYMENTS.
Any authority to make payments or to enter into contracts
under this Act shall be available only to such extent or in
such amounts as are provided in advance in appropriation Acts.
SEC. [313.] 213. CONSTRUCTION.
Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
a private, religious, or home school, regardless of whether a
home school is treated as a private school or home school under
State law. This section shall not be construed to bar students
attending private, religious, or home schools from
participation in programs or services under this Act.
SEC. [314.] 214. VOLUNTARY SELECTION AND PARTICIPATION.
No funds made available under this Act shall be used--
(1) 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.] 215. 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.] 216. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
Nothing in this Act shall be construed to be inconsistent
with applicable Federal law prohibiting discrimination on the
basis of race, color, sex, national origin, age, or disability
in the provision of Federal programs or services.
SEC. [317.] 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 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] may 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] located in or near 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.] 218. LIMITATION ON FEDERAL REGULATIONS.
The Secretary may issue regulations under this Act only to
the extent necessary to administer and ensure compliance with
the specific requirements of this Act.
SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL, HIGH-WAGE
OCCUPATIONS.
(a) Scope of Study.--The Comptroller General of the United
States shall conduct a study to evaluate--
(1) the strategies, components, policies, and
practices used by eligible agencies or eligible
recipients receiving funding under this Act to
successfully assist--
(A) all students in pursuing and completing
programs of study aligned to high-skill, high-
wage occupations; and
(B) any specific subgroup of students
identified in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(h)(1)(C)(ii)) in pursuing and
completing programs of study aligned to high-
skill, high-wage occupations in fields in which
such subgroup is underrepresented; and
(2) any challenges associated with replication of
such strategies, components, policies, and practices.
(b) Consultation.--In carrying out the study conducted under
subsection (a), the Comptroller General of the United States
shall consult with a geographically diverse (including urban,
suburban, and rural) representation of--
(1) students and parents;
(2) eligible agencies and eligible recipients;
(3) teachers, faculty, specialized instructional
support personnel, and paraprofessionals, including
those with expertise in preparing CTE students for
nontraditional fields;
(4) special populations; and
(5) representatives of business and industry.
(c) Submission.--Upon completion, the Comptroller General of
the United States shall submit the study conducted under
subsection (a) to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
PART B--STATE ADMINISTRATIVE PROVISIONS
SEC. [321.] 221. 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 2 and 3 of subtitle B of title I of the
Workforce Innovation and Opportunity Act.
(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.] 222. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE
RELOCATION OF BUSINESSES.
No funds provided under this Act shall be used for the
purpose of directly providing incentives or inducements to an
employer to relocate a business enterprise from one State to
another State if such relocation will result in a reduction in
the number of jobs available in the State where the business
enterprise is located before such incentives or inducements are
offered.
SEC. [323.] 223. STATE ADMINISTRATIVE COSTS.
(a) 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.] 224. 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.
----------
WAGNER-PEYSER ACT
* * * * * * *
SEC. 15. EMPLOYMENT STATISTICS.
(a) System Content.--
(1) In general.--The Secretary, in accordance with
the provisions of this section, shall oversee the
development, maintenance, and continuous improvement of
a nationwide employment statistics system of employment
statistics that includes--
(A) statistical data from cooperative
statistical survey and projection programs and
data from administrative reporting systems
that, taken together, enumerate, estimate, and
project employment opportunities and conditions
at national, State, and local levels in a
timely manner, including statistics on--
(i) employment and unemployment
status of national, State, and local
populations, including self-employed,
part-time, and seasonal workers;
(ii) industrial distribution of
occupations, as well as current and
projected employment opportunities,
wages, benefits (where data is
available), and skill trends by
occupation and industry, with
particular attention paid to State and
local conditions;
(iii) the incidence of, industrial
and geographical location of, and
number of workers displaced by,
permanent layoffs and plant closings;
and
(iv) employment and earnings
information maintained in a
longitudinal manner to be used for
research and program evaluation;
(B) information on State and local employment
opportunities, and other appropriate
statistical data related to labor market
dynamics, which--
(i) shall be current and
comprehensive;
(ii) shall meet the needs identified
through the consultations described in
subparagraphs (A) and (B) of subsection
(e)(2); and
(iii) shall meet the needs for the
information identified in section
134(d);
(C) technical standards (which the Secretary
shall publish annually) for data and
information described in subparagraphs (A) and
(B) that, at a minimum, meet the criteria of
chapter 35 of title 44, United States Code;
(D) procedures to ensure compatibility and
additivity of the data and information
described in subparagraphs (A) and (B) from
national, State, and local levels;
(E) procedures to support standardization and
aggregation of data from administrative
reporting systems described in subparagraph (A)
of employment-related programs;
(F) analysis of data and information
described in subparagraphs (A) and (B) for uses
such as--
(i) national, State, and local
policymaking;
(ii) implementation of Federal
policies (including allocation
formulas);
(iii) program planning and
evaluation; and
(iv) researching labor market
dynamics;
(G) wide dissemination of such data,
information, and analysis in a user-friendly
manner and voluntary technical standards for
dissemination mechanisms; and
(H) programs of--
(i) training for effective data
dissemination;
(ii) research and demonstration; and
(iii) programs and technical
assistance.
(2) Information to be confidential.--
(A) In general.--No officer or employee of
the Federal Government or agent of the Federal
Government may--
(i) use any submission that is
furnished for exclusively statistical
purposes under the provisions of this
section for any purpose other than the
statistical purposes for which the
submission is furnished;
(ii) make any publication or media
transmittal of the data contained in
the submission described in clause (i)
that permits information concerning
individual subjects to be reasonably
inferred by either direct or indirect
means; or
(iii) permit anyone other than a
sworn officer, employee, or agent of
any Federal department or agency, or a
contractor (including an employee of a
contractor) of such department or
agency, to examine an individual
submission described in clause (i);
without the consent of the individual, agency,
or other person who is the subject of the
submission or provides that submission.
(B) Immunity from legal process.--Any
submission (including any data derived from the
submission) that is collected and retained by a
Federal department or agency, or an officer,
employee, agent, or contractor of such a
department or agency, for exclusively
statistical purposes under this section shall
be immune from the legal process and shall not,
without the consent of the individual, agency,
or other person who is the subject of the
submission or provides that submission, be
admitted as evidence or used for any purpose in
any action, suit, or other judicial or
administrative proceeding.
(C) Rule of construction.--Nothing in this
section shall be construed to provide immunity
from the legal process for such submission
(including any data derived from the
submission) if the submission is in the
possession of any person, agency, or entity
other than the Federal Government or an
officer, employee, agent, or contractor of the
Federal Government, or if the submission is
independently collected, retained, or produced
for purposes other than the purposes of this
Act.
(b) System Responsibilities.--
(1) In general.--
(A) Structure.--The workforce and labor
market information system described in
subsection (a) shall be evaluated and improved
by the Secretary, in consultation with the
Workforce Information Advisory Council
established in subsection (d).
(B) Grants and responsibilities.--
(i) In general.--The Secretary shall
carry out the provisions of this
section in a timely manner, through
grants to or agreements with States.
(ii) Distribution of funds.--Using
amounts appropriated under subsection
(g), the Secretary shall provide funds
through those grants and agreements. In
distributing the funds (relating to
workforce and labor market information
funding) for fiscal years 2015 through
2020, the Secretary shall continue to
distribute the funds to States in the
manner in which the Secretary
distributed funds to the States under
this section for fiscal years 2004
through 2008.
(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce
and labor market information for the system, shall
carry out the following duties:
(A) Assign responsibilities within the
Department of Labor for elements of the
workforce and labor market information system
described in subsection (a) to ensure that the
statistical and administrative data collected
is consistent with appropriate Bureau of Labor
Statistics standards and definitions, and that
the information is accessible and
understandable to users of such data.
(B) Actively seek the cooperation of heads of
other Federal agencies to establish and
maintain mechanisms for ensuring
complementarity and nonduplication in the
development and operation of statistical and
administrative data collection activities.
(C) Solicit, receive, and evaluate the
recommendations from the Workforce Information
Advisory Council established in subsection (d)
concerning the evaluation and improvement of
the workforce and labor market information
system described in subsection (a) and respond
in writing to the Council regarding the
recommendations.
(D) Eliminate gaps and duplication in
statistical undertakings.
(E) Through the Bureau of Labor Statistics
and the Employment and Training Administration,
and in collaboration with States, develop and
maintain the elements of the workforce and
labor market information system described in
subsection (a), including the development of
consistent procedures and definitions for use
by the States in collecting the data and
information described in subparagraphs (A) and
(B) of subsection (a)(1).
(F) Establish procedures for the system to
ensure that--
(i) such data and information are
timely; and
(ii) paperwork and reporting for the
system are reduced to a minimum.
(c) Two-year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary
for Employment and Training, and in consultation with the
Workforce Information Advisory Council described in subsection
(d) and heads of other appropriate Federal agencies, shall
prepare a 2-year plan for the workforce and labor market
information system. The plan shall be developed and implemented
in a manner that takes into account the activities described in
State plans submitted by States under section 102 or 103 of the
Workforce Innovation and Opportunity Act and shall be submitted
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate. The plan shall include--
(1) a description of how the Secretary will work with
the States to manage the nationwide workforce and labor
market information system described in subsection (a)
and the statewide workforce and labor market
information systems that comprise the nationwide
system;
(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
(3) an evaluation of the performance of the system,
with particular attention to the improvements needed at
the State and local levels;
(4) a description of the involvement of States in the
development of the plan, through consultation by the
Secretary with the Workforce Information Advisory
Council in accordance with subsection (d); and
(5) a description of the written recommendations
received from the Workforce Information Advisory
Council established under subsection (d), and the
extent to which those recommendations were incorporated
into the plan.
(d) Workforce Information Advisory Council.--
(1) In general.--The Secretary, through the
Commissioner of Labor Statistics and the Assistant
Secretary for Employment and Training, shall formally
consult at least twice annually with the Workforce
Information Advisory Council established in accordance
with paragraph (2). Such consultations shall address
the evaluation and improvement of the nationwide
workforce and labor market information system described
in subsection (a) and the statewide workforce and labor
market information systems that comprise the nationwide
system and how the Department of Labor and the States
will cooperate in the management of such systems. The
Council shall provide written recommendations to the
Secretary concerning the evaluation and improvement of
the nationwide system, including any recommendations
regarding the 2-year plan described in subsection (c).
(2) Establishment of council.--
(A) Establishment.--The Secretary shall
establish an advisory council that shall be
known as the Workforce Information Advisory
Council (referred to in this section as the
``Council'') to participate in the
consultations and provide the recommendations
described in paragraph (1).
(B) Membership.--The Secretary shall appoint
the members of the Council, which shall consist
of--
(i) 4 members who are representatives
of lead State agencies with
responsibility for workforce investment
activities, or State agencies described
in section 4, who have been nominated
by such agencies or by a national
organization that represents such
agencies;
(ii) 4 members who are
representatives of the State workforce
and labor market information directors
affiliated with the State agencies that
perform the duties described in
subsection (e)(2), who have been
nominated by the directors;
(iii) 1 member who is a
representative of providers of training
services under section 122 of the
Workforce Innovation and Opportunity
Act;
(iv) 1 member who is a representative
of economic development entities;
(v) 1 member who is a representative
of businesses, who has been nominated
by national business organizations or
trade associations;
(vi) 1 member who is a representative
of labor organizations, who has been
nominated by a national labor
federation;
(vii) 1 member who is a
representative of local workforce
development boards, who has been
nominated by a national organization
representing such boards; and
(viii) 1 member who is a
representative of research entities
that utilize workforce and labor market
information.
(C) Geographic diversity.--The Secretary
shall ensure that the membership of the Council
is geographically diverse and that no 2 of the
members appointed under clauses (i), (ii), and
(vii) represent the same State.
(D) Period of appointment; vacancies.--
(i) In general.--Each member of the
Council shall be appointed for a term
of 3 years, except that the initial
terms for members may be 1, 2, or 3
years in order to establish a rotation
in which one-third of the members are
selected each year. Any such member may
be appointed for not more than 2
consecutive terms.
(ii) Vacancies.--Any member appointed
to fill a vacancy occurring before the
expiration of the term for which the
member's predecessor was appointed
shall be appointed only for the
remainder of that term. A member may
serve after the expiration of that
member's term until a successor has
taken office.
(E) Travel expenses.--The members of the
Council shall not receive compensation for the
performance of services for the Council, but
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates
authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or
regular places of business in the performance
of services for the Council. Notwithstanding
section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and
uncompensated services of members of the
Council.
(F) Permanent council.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Council.
(e) State Responsibilities.--
(1) Designation of state agency.--In order to receive
Federal financial assistance under this section, the
Governor of a State shall--
(A) designate a single State agency to be
responsible for the management of the portions
of the workforce and labor market information
system described in subsection (a) that
comprise a statewide workforce and labor market
information system and for the State's
participation in the development of the plan
described in subsection (c); and
(B) establish a process for the oversight of
such system.
(2) Duties.--In order to receive Federal financial
assistance under this section, the State agency shall--
(A) consult with State and local employers,
participants, and local workforce investment
boards about the labor market relevance of the
data to be collected and disseminated through
the statewide workforce and labor market
information system;
[(B) consult with State educational agencies
and local educational agencies concerning the
provision of workforce and labor market
information in order to meet the needs of
secondary school and postsecondary school
students who seek such information;]
(B) consult with eligible agencies (defined
in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302)), State educational agencies, and local
educational agencies concerning the provision
of workforce and labor market information in
order to--
(i) meet the needs of secondary
school and postsecondary school
students who seek such information; and
(ii) annually inform the development
and implementation of programs of study
defined in section 3 of the Carl D.
Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302), and
career pathways;
(C) collect and disseminate for the system,
on behalf of the State and localities in the
State, the information and data described in
subparagraphs (A) and (B) of subsection (a)(1);
(D) maintain and continuously improve the
statewide workforce and labor market
information system in accordance with this
section;
(E) perform contract and grant
responsibilities for data collection, analysis,
and dissemination for such system;
(F) conduct such other data collection,
analysis, and dissemination activities as will
ensure an effective statewide workforce and
labor market information system;
(G) actively seek the participation of other
State and local agencies in data collection,
analysis, and dissemination activities in order
to ensure complementarity, compatibility, and
usefulness of data; [and]
(H) utilize the quarterly records described
in section 116(i)(2) of the Workforce
Innovation and Opportunity Act to assist the
State and other States in measuring State
progress on State performance measures[.]; and
(I) provide, on an annual and timely basis to
each eligible agency (defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)), the
data and information described in subparagraphs
(A) and (B) of subsection (a)(1).
(3) Rule of construction.--Nothing in this section
shall be construed as limiting the ability of a State
agency to conduct additional data collection, analysis,
and dissemination activities with State funds or with
Federal funds from sources other than this section.
(f) Nonduplication Requirement.--None of the functions and
activities carried out pursuant to this section shall duplicate
the functions and activities carried out under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
(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 1999 through 2004.
(h) Definition.--In this section, the term ``local area''
means the smallest geographical area for which data can be
produced with statistical reliability.
* * * * * * *
ADDITIONAL VIEWS
While this bipartisan bill makes many needed improvements
over current law, we wish to highlight one important aspect of
this compromise legislation that we believe is still in need of
improvement as comprehensive reauthorization of the Carl D.
Perkins Career and Technical Education Act of 2006 advances
through the legislative process.
H.R. 2353, the Strengthening Career and Technical Education
for the 21st Century Act, would remove an accountability
provision in current law (Section 123(a)(3); 20 USC 2301). That
provision authorizes the Secretary of Education to sanction a
state, through withholding of federal funds, in the event that
such State (1) fails to implement an improvement plan; (2)
fails to make any improvement in meeting the State's adjusted
levels of performance within the first program year of
improvement plan implementation; or (3) does not achieve at
least 90 percent of its revised performance levels for any of
the law's core indicators of performance for three consecutive
years.
If H.R. 2353 were to be enacted without further improvement
to the bill, the following would hold true concerning the
sanctioning authority outlined in section 123(a)(3) of current
law:
(1): Because both current law (section 123(a)(1)) and H.R.
2353 (section 122(1)(A)) clearly require states to develop and
implement improvement plans upon satisfying certain conditions,
the Secretary would maintain the authority to withhold federal
funds for a State's failure to implement an improvement plan,
despite the amendments to Section 123 of current law made by
H.R. 2353 during Committee markup. This is because the
Secretary's enforcement authority authorized by the General
Education Provisions Act (20 USC 1221 et seq.), specifically
sections 410 and part D of such Act, allows the Secretary to
withhold funding from recipients of federal funds for failure
to comply with statutory requirements.
(2): Upon enactment of H.R. 2353, as adopted by Committee,
the Secretary would no longer be authorized to sanction a
State, through the withholding of federal funds, for failing to
make any improvement in meeting the State's adjusted levels of
performance within the first program year of improvement plan
implementation. Removing this authority has the potential to
weaken accountability provisions.
(3): The authority to sanction a State for failing to
achieve at least 90 percent of its revised performance levels
for any of the law's core indicators for three consecutive
years would become irrelevant upon enactment because H.R. 2353
shortens the Perkins CTE grant term from six years to four
years (Sec. 121(1)(A)(i) of H.R. 2353). Committee Democrats
believe that, should H.R. 2353 be amended to include a grant
term longer than 4 years, Congress must maintain this
sanctioning authority to avoid successive years of state
inaction to improve program quality.
While H.R. 2353 replaces the sanctioning authority with a
requirement that the Secretary provide additional technical
assistance, oversight, and monitoring to States that are
required by statute to implement revised program improvement
plans, Committee Democrats worry that these actions are
insufficient oversight mechanisms to ensure meaningful program
improvement when a state has previously failed to make any
improvement. Without the backstop of the authority under
current law to sanction through withholding federal funds for
failure to improve, States would continue to enroll students in
low-quality programs and receive federal funding for the fourth
year of their grant with no expectation that they take
corrective action to improve performance outcomes.
History tells us that without federal involvement States
and school districts often fail to adequately serve the most
vulnerable students. Thus, the Secretary has an important role
in protecting and promoting the civil rights and equity of
educational opportunity for all students. Of particular
concern, our nation's career and technical education system has
a history of inadequately serving vulnerable students. For
these reasons, we believe that robust program accountability,
including the Secretary's authority to sanction for failure to
improve program quality, is of the utmost importance as
Congress works to improve current law. Additionally, amending
this legislation to preserve the Secretary's authority to hold
States accountable through performance-based sanctions would
continue to improve alignment of state CTE programs with
programs funded through the Workforce Innovation and
Opportunity Act (WIOA). Committee Democrats note that WIOA
includes federal authority to sanction states as a valuable
tool for holding programs accountable for program improvement.
Alignment with WIOA has been a bipartisan goal throughout the
reauthorization process.
To address these concerns, Committee Democrats offered an
amendment during Committee consideration of H.R. 2353 to strike
Section 122 of H.R. 2353 to retain Secretarial authority to
sanction state agencies in current law. In addition to
Representatives Bonamici and Polis, Ranking Member Scott spoke
in favor of the amendment, which was ultimately withdrawn. As
the bill moves through Congress, Committee Democrats hope that
the Bonamici-Polis amendment will be reconsidered. Congress
should insist on maintaining critical accountability in CTE
programs to ensure equity of opportunity, so that all students,
regardless of background, can access and benefit from high-
quality career and technical education programs that receive
federal funding.
Robert C. ``Bobby'' Scott,
Ranking Member.
Jared Polis.
Raul M. Grijalva.
Marcia L. Fudge.
Frederica S. Wilson.
Alma S. Adams.
Donald Norcross.
Raja Krishnamoorthi.
Adriano Espaillat.
Suzanne Bonamici.
Susan A. Davis.
Joe Courtney.
Gregorio Kilili Camacho Sablan.
Mark Takano.
Mark DeSaulnier.
Lisa Blunt Rochester.
Carol Shea Porter.
ADDITIONAL VIEWS
During the mark-up of H.R. 2353, The Strengthening Career
and Technical Education for the 21st Century Act, I offered an
amendment to define special populations to include individuals
who are ex-offenders. My amendment would have further aligned
the definition of special populations with the definition of an
``individual with a barrier to employment,'' in the Workforce
Innovation and Opportunity Act.
Ex-offenders, who are disproportionately young men of color
due to the bias in the criminal justice system, face numerous
hurdles when they try to reintegrate into society after serving
their time. Finding a decent job is a necessary first-step
towards developing self-esteem and self- sufficiency.
Unfortunately, and too often, a prior criminal history is a
barrier to ex-offenders seeking employment. Sadly, some
employers use this as an excuse to force them to continue
paying for their crimes long after they have served their time.
In addition, in some states, one mistake can lead to the loss
of basic civil rights, like the right to vote, the right to
certain licenses, and the right to work in certain careers.
Formerly incarcerated persons live not only with the stigma
of being an ex-offender, but are also prevented from
opportunities to develop the skills, training or work history
that can help them secure good jobs. This disproportionately
impacts young men of color who are already burdened by
institutional racism and a criminal record.
While this bipartisan bill makes needed improvements to the
current law, my amendment would have provided more federal
support for the skill development and training programs that
ex-offenders need. I withdrew the amendment because of the
important work that H.R. 2353 tackles. Nevertheless, it is my
view that my amendment be considered as the bill moves forward
in the House and hopefully will be considered during a future
conference consideration.
Members of Congress should ensure that ex-offenders are
afforded every opportunity to reintegrate fully into community
life and become contributing and tax paying members of our
society. Doing so would ensure that young people with non-
violent criminal pasts have access to the technical and
educational programs that will put them on the path of
employment and out of poverty.
Frederica S. Wilson.