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#  

# Legislative Bulletin........................................................July 26, 2006

**Contents:**

**S. 250 ---** Conference Report, Carl D. Perkins Career and Technical
Education Improvement Act of 2005

**S. 250 ---** **Carl D. Perkins Career and Technical Education
Improvement Act of 2005, Conference Report --- Sen. Enzi (R-WY)**

**[Order of Business]{.underline}:** The Conference Report is scheduled
for consideration on Wednesday, July 26, 2006, subject to a closed rule
(H.Res. 946).

**[Summary]{.underline}:** S. 250 would amend and expand the Carl D.
Perkins Vocational and Technical

Education Act of 1998 (VTE) and reauthorize and revise secondary and
postsecondary vocational education programs through fiscal year 2012.

Specific provisions in the Conference Report are as follows:

-   S. 250 directs each state to establish performance measures to
    assess the effectiveness of the state and the eligible recipients of
    the state in achieving statewide progress in career and technical
    education activities. In addition, local educating agencies must
    establish local standards for performance to increase accountability
    performance.

-   Directs Health and Human Services (HHS) to 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. HHS would be required to submit
    their findings to Congress.

> **Note**: Vocational education programs provide occupational
> preparation mostly at the high school level and at less-than-four-year
> postsecondary institutions, such as community colleges. These programs
> are aimed mainly at the majority of high school students who do not go
> on to earn bachelor's degrees. According to CBO, although VTE provides
> specific federal assistance for secondary and postsecondary vocational
> education, these funds account for a small percentage of the total
> spent on vocational education in the United States.

-   S. 250 would allow states to choose to consolidate all, or a portion
    of, Tech-Prep program funding with their Perkins state grant, to
    create one program. States choosing not to merge their program
    funding would subject to increased accountability on their Tech-Prep
    performance and achievement. This is different from the House-passed
    version of the bill, which repealed the Tech-Prep program and merged
    funding for Tech-Prep programs with the vocational education state
    grant program. In addition, Tech-Prep was added to the list of local
    uses for the state grant program reserve fund.

-   Directs HHS to appoint an independent advisory council to advise and
    analyze findings and recommendations resulting from a national
    program assessment. Also authorizes HHS to award new incentive
    grants to eligible agencies for exemplary performance in carrying
    out VTE programs under the Act.

-   Increases VTE grant amounts for Guam, American Samoa, and the
    Commonwealth of the Mariana Islands, and directs the Secretary to
    make a grant to the Republic of Palau.

-   Authorizes grants to Indian tribes, Native Alaskans, and Native
    Hawaiians to be used to provide stipends to students who are
    enrolled in career and technical education programs and have "acute
    economic needs, which cannot be met through work-study programs."
    Also authorizes HHS to award grants to community-based organizations
    primarily serving and representing Native Hawaiians to plan,
    conduct, and administer programs for the benefit of Native
    Hawaiians.

> **Note**: Native Hawaiians are a racial group, not a tribe, and
> dispensing benefits to them would likely be subject to strict scrutiny
> in federal courts. Providing additional financial assistance to this
> group is not only duplicative of current federal education programs,
> but is also likely unconstitutional. In addition, the RSC FY07 Budget
> proposed to terminate Native Hawaiian vocational education funding.

-   Authorizes such sums a necessary for new grants to tribally
    controlled postsecondary career and technical institutions to
    provide basic support for the education and training of Indian
    students.

-   Allows career and technical education programs offered by states and
    local agencies to provide "entrepreneurial" activities and
    education.

-   Significantly amends current requirements for state plans required
    for eligibility under the Act. One such change includes requiring
    the plan to cover a six-year period, instead of a five-year period.

-   Prohibits construing the Act to authorize federal mandates for state
    or local curricula or payment of any costs not paid for under the
    Act.

**[Additional Information]{.underline}**:

**History of Federal Vocational Education Funding:**

Prior to 1963, federal vocational education funding was generally
focused on occupations relating to national defense, beginning with the
Smith-Hughes Act of 1917. In 1963, the Vocational Education Act was
signed into law. Five years later, the Vocational Education Amendments
of 1968 modified the existing vocational education programs. The
Amendments

also established a National Advisory Council on Vocational Education and
provided funding

for collecting and disseminating information about programs administered
by the Commissioner of Education.

In 1984, the Vocational Education Act was renamed the Carl D. Perkins
Vocational Education

Act (Perkins I, P.L. 98-524). While continuing federal support for
vocational education, it established programs emphasizing the
acquisition of job skills through both vocational and technical
education. The Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (Perkins II, P.L. 101-392) made several
revisions to the 1984 Act. Notably, the act created the tech-prep
program designed to coordinate secondary and postsecondary vocational
education activities into a coherent sequence of courses. The law also
provided up to 25 percent of funds for state programs and required that
at least 75% of funds be allocated to local recipients. The law also
required states to develop and implement performance standards and
measures (e.g., program completion and job placement) to assess gains in
learning and in program performance.

President Clinton signed into law the Carl D. Perkins Vocational and
Applied Technology Education Amendments of 1998 (**Perkins III**).
Perkins III, funded at \$1.328 billion in FY2004, provides **specific**
federal assistance for secondary and postsecondary vocational education,
although these funds account for a small percentage of the total spent
on vocational education in the United States.

**Possible Conservative Concerns**:

In the OMB publication *Major Savings and Reforms in the President's
2006 Budget*, the following statements are made regarding vocational
education:

-   The Vocational Education State Grants program was rated "ineffective
    because it has produced little or no evidence of improved outcomes
    for students despite decades of increasing Federal investment,"
    using the Administration's Program Assessment Rating Tool (PART).

-   The National Assessment of Vocational Education found "no evidence
    that high school vocational courses themselves contribute to
    academic achievement or college enrollment."

-   The Administration's PART found "that the program \[Tech-Prep\]
    could not demonstrate results based on a series of national
    evaluations indicating that the program provides no measurable
    advantage for high school students in terms of high school
    completion, postsecondary enrollment, and academic achievement."

In addition, the bill provides funding and grants for Native Hawaiians.
As noted above, Native Hawaiians are a racial group, not a tribe, and
dispensing benefits to them would likely be subject to strict scrutiny
in federal courts. Providing additional financial assistance to this
group is not only duplicative of current federal education programs, but
is also likely unconstitutional.

**[Committee Action]{.underline}:** The House passed H.R. 366 (the House
version of S. 250), by a vote of 416-9, on May 4, 2005.

**[Cost to Taxpayers]{.underline}:** There is no CBO estimate available
for S. 250. However, a previous score on H.R. 366 indicated that the
bill would **authorize appropriations of** **\$1.335 billion** for
fiscal year 2006 (a small increase over the FY05 appropriated level of
\$1.333 billion). CBO also estimates that it **would authorize \$9.8
billion for fiscal years 2006 through 2012**.

When the Perkins Vocational and Technical Education Act was last
reauthorized under in

1998, "such sums" were authorized for FY99 through 2004. The actual
appropriation for

FY99 was \$1.15 billion.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** Yes, the bill creates new incentive grants
and a new independent advisory council, and increases grant amounts to
territories.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

**[Sector Mandates?]{.underline}**: Unknown

**[Constitutional Authority]{.underline}**: The Committee Report for
H.R. 366 (109-25), cited authority for this

legislation under Article I, Section 8, Clause 1 (the power to collect
revenue for the general

welfare) of the Constitution.

**[RSC Staff Contact]{.underline}:** Joelle Cannon;
<joelle.cannon@mail.house.gov>; 202-226-0718