MEMORANDUM

**TO:** Rachel Potter

Jameela Akbari

Office of Management and Budget

FROM: Troy Justesen

SUBJECT: Responses to Public Comments Received on the OMB Collection
1830-0029, "Guide for the Submission of State Plans Pursuant to the Carl
D. Perkins Career and Technical Education Act of 2006"

Attached are revisions to the Department's responses to comments
originally received by the December 5, 2006, submission deadline on the
Office of Management and Budget (OMB) collection 1830-0029 "*Guide for
the Submission of State Plans Pursuant to the Carl D. Perkins Career and
Technical Education Act of 2006*." At that time, the Department received
a total of twenty-eight (28) comments---twenty-seven (27) comments
through the Federal Register notification process and one (1) comment
directly to our office. Comments were received from individuals
representing all levels of career and technical education---federal,
State, and local. The majority of comments focused on the timelines and
submission requirements for the accountability section of the State Plan
Guide. The comments were summarized by topical area in the chart below.

Since that time, the Department received additional comments on the
draft State Plan Guide from the public and OMB, as well as a letter from
key members of Congress clarifying their intent for the nontraditional
core indicators of performance. The attached revised chart responds to
these additional comments.

If you have questions pertaining to this document, please feel free to
contact Dale King, Director of the Office of Vocational and Adult
Education's (OVAE's) Policy, Research, and Evaluation Staff via e-mail
at dale.king2@ed.gov or phone at 202-245-7405.

Attachment

  ------------------- -------------- -------------------- --------------------
  **Topic/Comment**   **Number of    **Department         **Revised Department
                      Commenters**   Response Following   Response Following
                                     60-day Public        60-day OMB Review
                                     Comment Period**     Period**

  *State Plans*                                           

  The guide should    1              The Department       NO CHANGE
  reference the fact                 concurs and has made 
  that, if a State is                this change in the   
  submitting a 1-year                State plan guide.    
  transition plan, it                                     
  should allow its                                        
  eligible recipients                                     
  to also submit a                                        
  1-year transition                                       
  plan that may not                                       
  meet every                                              
  requirement of                                          
  section 124(b) of                                       
  the Act.                                                

  The item in Part I, 1              The Department has   NO CHANGE
  A5 needs to be                     maintained the       
  reworded "the State                language in the      
  agency responsible                 State plan guide as  
  for secondary CTE                  it was taken         
  education."                        verbatim from the    
                                     legislation.         

  Several of the      1              The Department       NO CHANGE
  items in Part II,                  understands that     
  A2 (a1) can only be                many States do not   
  answered after a                   yet have career and  
  transition year.                   technical education  
                                     programs of study    
                                     that fully meet the  
                                     requirements of the  
                                     new law. However,    
                                     the Department       
                                     reiterates its       
                                     intent to have       
                                     States submit in     
                                     their one-year       
                                     transition plans     
                                     their *planning      
                                     process for*         
                                     developing its       
                                     program of study as  
                                     indicated in the     
                                     instructions on page 
                                     12 of the guide.     
  ------------------- -------------- -------------------- --------------------

  ------------------- --------- --------------------- -----------------------------
  Part II, A3 needs a 1         The Department will   NO CHANGE
  definition for                soon issue a          
  "comprehensive."              non-regulatory        
                                "Questions and        
                                Answers" guidance     
                                document which will   
                                provide a more        
                                thorough definition   
                                for comprehensive     
                                professional          
                                development programs. 

  Part II, C needs to 1         The Department        NO CHANGE
  include the Web               concurs and has made  
  site where the                this change in the    
  program memo may be           State plan guide.     
  located.                                            

  The Department      1         The Department will   The Department will soon
  should include                soon issue a          issue a non-regulatory
  definitions for               non-regulatory        guidance document containing
  "participant,"                guidance document     recommended student
  "concentrator," and           containing            definitions for the core
  "completer" in the            recommended student   indicators of performance.
  guide to promote              definitions for the   Following high-level policy
  the collection of             core indicators of    meetings in the Department,
  common data                   performance. Please   the Department has revised
  nationally.                   note that after       the recommended student
                                further consideration definitions for which it will
                                of the student        gather Perkins enrollment and
                                definitions, the      performance data at the
                                Department has        secondary and postsecondary
                                changed the labels    levels. The definitions will
                                that are requested in now be "participants" and
                                the State plan guide. "concentrators."
                                At both secondary and 
                                postsecondary levels, 
                                "participant" has     
                                been eliminated as    
                                this label is not     
                                used for purposes of  
                                reporting             
                                accountability data   
                                (only for enrollment  
                                information which is  
                                not part of this      
                                information           
                                collection). At the   
                                secondary level, the  
                                Department has added  
                                the label "investor"  
                                and removed the label 
                                "completer" to more   
                                thoroughly capture    
                                the students who      
                                participate in career 
                                and technical         
                                education programs    
                                nationally.           

  The Department      1         The Department is     NO CHANGE
  should include                considering           
  definitions for the           re-issuing the        
  terms "single                 definitions for these 
  parent" and                   student populations   
  "economically                 that were originally  
  disadvantaged" in             contained in          
  the guide.                    regulations under the 
                                Carl D. Perkins       
                                Vocational and        
                                Technical Education   
                                Act of 1990 (Perkins  
                                II).                  

  ***Accountability                                   
  -- Academic                                         
  Attainment                                          
  Indicators***                                       

  NCLB academic       22        The Department will   NO CHANGE
  attainment                    continue to negotiate 
  indicators should             on and hold States    
  be reporting                  accountable for the   
  requirements and              academic indicators   
  not regulated                 in section            
  indicators. (This             113(b)(2)(A)(i) of    
  is due to the fact            the Act. Section      
  that the NCLB exams           113(b)(3)(A) requires 
  in many States are            each eligible agency, 
  given prior to                with input from its   
  student involvement           eligible recipients,  
  in CTE and are,               to establish in the   
  therefore,                    State plan under      
  meaningless in                section 122, levels   
  determining the               of performance for    
  impact or                     each of the core      
  contribution of               indicators of         
  CTE.)                         performance described 
                                in subparagraphs (A)  
                                and (B), including    
                                academic attainment.  
                                Moreover, section     
                                123(a)(1) requires    
                                that a State be       
                                subject to sanctions  
                                (ranging from program 
                                improvement plan to   
                                possible withholding  
                                of State              
                                administration and    
                                leadership funds) if  
                                it fails to meet its  
                                performance levels    
                                for any of the core   
                                indicators of         
                                performance,          
                                including academic    
                                attainment. The       
                                Department does not   
                                have the authority or 
                                wish to lessen State  
                                and local             
                                accountability        
                                requirements for the  
                                academic attainment   
                                of all students,      
                                including those who   
                                participate in career 
                                and technical         
                                education. In fact,   
                                the Secretary is      
                                considering whether   
                                to issue regulations  
                                requiring a State to  
                                agree to "adjusted    
                                levels of             
                                performance" under    
                                the Perkins Act that  
                                are the same as the   
                                State's AMOs or       
                                targets for           
                                graduation rate under 
                                the ESEA. If the      
                                Secretary decides to  
                                regulate on this      
                                issue and adopts      
                                final rules, a State  
                                may be required to    
                                amend its State plan. 

  States should be    4         The Department has    NO CHANGE
  able to establish             maintained the        
  an alternative                language in the State 
  measurement for               plan guide and        
  academic                      expects each State to 
  assessment, such as           use the proficient    
  graduation rate,              level or above on the 
  that occur after or           State\'s ESEA         
  near completion of            assessments for the   
  a CTE program.                secondary student     
                                academic attainment   
                                core indicator of     
                                performance as        
                                indicated in section  
                                113(b)(2)(A)(i) of    
                                the Act.              

  ***Accountability                                   
  -- Technical Skill                                  
  Indicator***                                        

  States should be    4         The Department will   Under Part A, Section IV.,
  able to utilize               soon issue a          B., 2. of the State Plan
  measures other than           non-regulatory        Guide, a State must identify
  "technical skill              guidance document     the program areas for which
  assessments" to               containing            the State has technical skill
  measure technical             recommended           assessments, the estimated
  skill proficiency.            measurement           percentage of CTE students
  Among the possible            approaches for the    who take technical skills
  measures might be             core indicators of    assessments, and the State's
  competency                    performance,          plan for increasing the
  attainment,                   including technical   coverage of programs and
  industry                      skill proficiency.    students in future program
  certification,                                      years.
  postsecondary                                       
  articulation tests,                                 
  and dual credit.                                    

  ***Accountability                                   
  -- GED Indicator***                                 

  The Department      1         The Department will   NO CHANGE
  should reconsider             soon issue a          
  its approach to               non-regulatory        
  gathering                     guidance document     
  information on GEDs           containing            
  because students              recommended           
  who drop out (at              measurement           
  least in PA) do not           approaches for the    
  return to the high            core indicators of    
  school to get their           performance,          
  GED. They go adult            including GED         
  basic education               attainment.           
  programs which are                                  
  supported by an                                     
  entirely different                                  
  funding source.                                     

  ***Accountability                                   
  -- Nontraditional                                   
  Indicators***                                       

  Non-traditional     16        The Department will   The Department will soon
  indicators should             continue to negotiate issue a non-regulatory
  be reporting                  on and hold States    guidance document containing
  requirements and              accountable for the   recommended measurement
  not regulated                 secondary and         definitions and approaches
  indicators.                   postsecondary         for the nontraditional
                                nontraditional        indicators. Based on a letter
                                indicators in         from key members of Congress
                                sections              clarifying their intent for
                                113(b)(2)(A)(vi) and  the nontraditional indicators
                                113(b)(2)(B)(v) of    to remain as two
                                the Act,              indicators---nontraditional
                                respectively,         participation and
                                although the          nontraditional completion,
                                Department has moved  the Department will recommend
                                to consolidate the    that States continue to
                                nontraditional        negotiate on the secondary
                                indicators into one   and postsecondary
                                measure.              nontraditional indicators in
                                                      sections 113(b)(2)(A)(vi) and
                                                      113(b)(2)(B)(v) of the Act,
                                                      respectively, as two
                                                      indicators---nontraditional
                                                      participation and
                                                      nontraditional completion..

  While States should 3         The Department        The Department will soon
  report on two                 concurs and has made  issue a non-regulatory
  separate measures             this change in the    guidance document containing
  for nontraditional            State plan guide.     recommended measurement
  (participation and                                  definitions and approaches
  completion), States                                 for the nontraditional
  should be held                                      indicators recommending that
  accountable for                                     States and recommend that
  only one                                            States continue to negotiate
  performance level                                   on the secondary and
  and the Department                                  postsecondary nontraditional
  should bundle the                                   indicators as two
  two separate                                        indicators---nontraditional
  scores.                                             participation and
                                                      nontraditional completion.

  The Department      1         The Department        The Department will soon
  should retain                 believes that         issue a non-regulatory
  separate                      nontraditional        guidance document containing
  participation and             participation and     recommended measurement
  completion                    completion can be     definitions and approaches
  indicators for the            effectively combined  for the nontraditional
  nontraditional core           into one measure at   indicators recommending that
  indicator.                    each the secondary    States and recommend that
                                and postsecondary     States continue to negotiate
                                level without         on the secondary and
                                compromising          postsecondary nontraditional
                                Congressional intent  indicators as two
                                or State and local    indicators---nontraditional
                                accountability for    participation and
                                students who pursue   nontraditional completion.
                                nontraditional        
                                programs.             

  The Department      1         The Department        NO CHANGE
  should include a              concurs and has added 
  national crosswalk            this information into 
  of nontraditional             the State plan guide. 
  occupations and                                     
  classification of                                   
  instructional                                       
  programs in the                                     
  guide.                                              

  ***Accountability                                   
  -- Timelines for                                    
  Negotiation***                                      

  Accountability      5         The Department will   The Department has revised
  timelines do not              continue to require   the State plan guide to
  provide sufficient            States to submit      clarify that only a State
  time for States to            their proposed        that submits a transition
  obtain input from             student definitions   plan does not have to reach
  eligible recipients           and measurement       agreement with its eligible
  on measurement                approaches for the    recipients on adjusted
  definitions and               core indicators of    performance levels with the
  approaches and to             performance in their  exception of the
  reach agreement               new State plan        secondary-level core
  with eligible                 submission. However,  indicators for academic
  recipients on local           the Department        attainment and graduation
  adjusted levels of            concurs that not      rate. A State must use as its
  performance before            enough time is        measures of academic
  the April 2007                available for States  attainment and graduation
  State plan                    that choose to submit rate under the Perkins Act
  submission.                   one-year transition   its academic assessments and
                                plans to reach        description of graduation
                                agreement with their  rate under NCLB, for which it
                                eligible recipients   has negotiated Annual
                                on local adjusted     Measurable Objectives (AMOs)
                                levels of             or targets, although a State
                                performance, with the may choose to propose
                                exception of the core performance levels for these
                                indicators for        core indicators that are
                                academic attainment   different from the State's
                                and graduation rates  AMOs or targets. We also have
                                for which States have clarified throughout the
                                negotiated Annual     guide that NCLB uses the term
                                Measurable Objectives "AMOs" to refer to a State's
                                (AMOs) and Annual     annual targets related to its
                                Yearly Progress (AYP) students' achievement on its
                                under the NCLB.       academic assessments but that
                                Therefore, the        NCLB uses the term "targets"
                                Department has        to refer to a State's annual
                                removed the           target related to its
                                requirement for       graduation rate.
                                States to submit      
                                their State adjusted  
                                levels of performance 
                                for their core        
                                indicators (with the  
                                exception of the      
                                academic attainment   
                                and graduation rates) 
                                in their April 2007   
                                plan submission. This 
                                action will allow     
                                States more time to   
                                negotiate local       
                                adjusted levels of    
                                performance with      
                                their eligible        
                                recipients. States    
                                will be required to   
                                submit this           
                                information when they 
                                submit their full     
                                five-year plan prior  
                                to the second program 
                                year (July 1, 2008 -- 
                                June 30, 2009).       

  States should not   1         The Department        The Department concurs and
  be held accountable           concurs and has       has removed this requirement
  for performance               removed this          for States that opt to submit
  levels for first              requirement for       a one-year transition plan.
  two years from                States that opt to    However, this does not waive
  baselines that are            submit a one-year     the baseline data for 1S1,
  derived from                  transition plan.      1S2, and 4S1 which the
  2005-06 baseline              States will be        Department will continue to
  data representing             required to submit    require each State to submit
  performance under             baseline data for the baseline data for the core
  Perkins III.                  core indicators of    indicators of academic
                                performance when they achievement and graduation
                                submit their full     rates as each State has its
                                five-year plan prior  NCLB data available for the
                                to the second program 2005-06 program year, except
                                year (July 1, 2008 -- that a State will not need to
                                June 30, 2009).       submit baseline data for any
                                                      indicator for which it
                                                      chooses to use its AMOs or
                                                      targets under NCLB as its
                                                      performance levels under the
                                                      Perkins Act. States will be
                                                      required to submit baseline
                                                      data for the other core
                                                      indicators of performance
                                                      when they submit their full
                                                      five-year plan prior to the
                                                      second program year (July 1,
                                                      2008 -- June 30, 2009).

  States should not   5         The Department will   NO CHANGE
  be required to                continue to require   
  establish and                 States to submit      
  identify                      their proposed        
  measurement                   student definitions   
  definitions and               and measurement       
  approaches in their           approaches for the    
  new State plans as            core indicators of    
  this will not give            performance in their  
  States sufficient             new State plan        
  time to obtain                submission, whether   
  input from eligible           the State opts to     
  recipients, develop           submit a one-year     
  valid and reliable            transition or         
  approaches, and               six-year State plan.  
  align the Perkins             However, the          
  IV core indicators            Department concurs    
  with other State              that insufficient     
  and federal                   time is available for 
  accountability                States to gather      
  requirements.                 baseline data and     
                                negotiate State and   
                                local adjusted levels 
                                of performance, with  
                                the exception of      
                                academic attainment   
                                and graduation rates  
                                as described above)   
                                and has removed these 
                                requirements from the 
                                State plan guide.     

  ***Accountability                                   
  --Establishing                                      
  Baseline Data***                                    

  Baseline data may   1         The Department will   A State will not need to
  not be available              continue to require   submit baseline data for any
  from 2005-06 for              each State to submit  indicator for which it
  1S1 and 1S2                   baseline data for the chooses to use its AMOs or
  (academic                     core indicators of    targets under NCLB as its
  attainment in                 academic achievement  performance levels under the
  reading/language              and graduation rates  Perkins Act.
  arts and                      as each State has its 
  mathematics) and              NCLB data available   
  4S1 (graduation               for the 2005-06       
  rates) since these            program year.         
  are new measures                                    
  under the Perkins                                   
  IV law.                                             

  Baseline data may   2         The Department        NO CHANGE
  not be available              concurs that          
  from 2005-06 for              insufficient time is  
  2P1 (attainment of            available for States  
  an industry                   to gather baseline    
  certificate) and              data for attainment   
  States may need up            of an industry        
  to two years to               certificate and has   
  collect this                  removed this          
  information.                  requirement from the  
                                State plan guide for  
                                States that opt to    
                                submit a one-year     
                                transition plan.      

  Baseline data may   4         The Department        The Department concurs and
  not be available              concurs that          has removed this requirement
  from 2005-06 for              insufficient time is  for States that opt to submit
  many of the new               available for States  a one-year transition plan.
  indicators in                 to gather baseline    However, this does not waive
  Perkins IV. States            data for many of the  the baseline data for 1S1,
  should be allowed             new indicators in     1S2, and 4S1 which the
  to use the first              Perkins IV and has    Department will continue to
  full year of                  removed this          require each State to submit
  Perkins IV as a               requirement from the  baseline data for the core
  transition year to            State plan guide for  indicators of academic
  modify their data             States that opt to    achievement and graduation
  systems and                   submit a one-year     rates, as each State has its
  establish new                 transition plan.      NCLB data available for the
  baselines.                                          2005-06 program year, except
                                                      that a State will not need to
                                                      submit baseline data for any
                                                      indicator for which it
                                                      chooses to use its AMOs or
                                                      targets under NCLB as its
                                                      performance levels under the
                                                      Perkins Act.

  Baseline data       1         A State may use its   A State must use its **most
  should be set using           rolling average as    recent program year** as its
  multi-year analysis           its baseline data for baseline data for all core
  of their data.                any of the core       indicators of performance.
                                indicators of         
                                performance that do   
                                not require a change  
                                in student            
                                definition,           
                                measurement           
                                definition, or        
                                measurement approach. 

  ***Accountability                                   
  --Negotiating                                       
  Performance                                         
  Levels***                                           

  The State plan      1         The Department will   The Department has clarified
  guide indicates               only pre-populate the throughout the guide that
  OVAE's intent to              AMOs on a State's     NCLB uses the term "AMOs" to
  pre-populate the              FAUPL *at the request refer to a State's annual
  FAUPL forms for the           of the State*. This   targets related to its
  academic attainment           stipulation is        students' achievement on its
  and graduation                provided on page 42   academic assessments but that
  rates indicators              of the guide.         NCLB uses the term "targets"
  with the State's                                    to refer to a State's annual
  AMOs. This language                                 target related to its
  seems to infer that                                 graduation rate.
  there is no                                         
  flexibility for                                     
  States to negotiate                                 
  a performance level                                 
  other than its                                      
  AMOs. Nothing in                                    
  the Perkins Act                                     
  requires that the                                   
  Perkins'                                            
  performance targets                                 
  be the same as a                                    
  State's AMOs.                                       

  States should be    3         A State must          The Department has made a
  allowed to require            negotiate performance change to the State plan
  their eligible                levels with its       guide to clarify that a State
  recipients to use             eligible recipients   must ensure that the
  the same                      only in cases where   established performance
  performance levels            one or more eligible  levels will require the
  that the State                recipients choose not eligible recipient to
  negotiated with the           to accept the State   continually make progress
  Department.                   adjusted levels of    toward improving the
                                performance as        performance of career and
                                described in section  technical education students
                                112(C)(10)(B).        as required by section
                                Further, section      113(b)(4)(A)(i)(II) of the
                                122(c)(10) of the Act Act.
                                requires each         
                                eligible agency, in   
                                consultation with     
                                eligible recipients,  
                                to describe in its    
                                State plan how it     
                                will develop a        
                                process for the       
                                negotiation of local  
                                adjusted levels of    
                                performance under     
                                section 113(b)(4) of  
                                the Act is an         
                                eligible recipient    
                                does not accept the   
                                State adjusted levels 
                                of performance under  
                                section 113(b)(3) of  
                                the Act.              

  States must have    1         A State has the       The Department has made a
  the authority to              authority to          change to the State plan
  set local targets             negotiate local       guide to clarify that a State
  above the State               adjusted levels of    must ensure that the
  adjusted level so             performance that are  established performance
  it will be possible           above the State       levels will require the
  for the State to              adjusted level of     eligible recipient to
  meet its targets.             performance with any  continually make progress
                                eligible recipient    toward improving the
                                that chooses to       performance of career and
                                accept the higher     technical education students
                                levels.               as required by section
                                                      113(b)(4)(A)(i)(II) of the
                                                      Act.

  ***Accountability                                   
  -- Number and                                       
  Wording of Proposed                                 
  Indicators***                                       

  States should be    3         The Department has    The Department will soon
  held accountable              reconsidered how many issue a non-regulatory
  only for the                  accountability        guidance document containing
  clearly itemized 11           indicators that       recommended student
  indicators (six (6)           States should be held definitions for the core
  for secondary and             accountable for and   indicators of performance.
  five (5) for                  has made this change  Under the change in
  postsecondary) in             in the State plan     Department's recommendation
  the Perkins IV law.           guide. The new        for the number of
                                configuration         nontraditional indicators,
                                designates 12 core    the total number would be 14:
                                indicators, 7 for     8 at the secondary level and
                                secondary and 5 for   6 at the postsecondary level.
                                postsecondary.        

  3S1, 3S2, and 3S3   1         The Department has    NO CHANGE
  are all minor                 reconsidered the      
  variations on the             configuration of the  
  4S1 indicator. The            secondary indicators  
  Department should             and has made these    
  negotiate on the              changes in the State  
  4S1 indicator, but            plan guide. The new   
  only have States              configuration         
  report on the other           designates one        
  indicators.                   indicator for high    
                                school completion and 
                                one indicator for     
                                graduation rate for   
                                which States will be  
                                held accountable.     

  Some particular     2         The Department has    NO CHANGE
  indicators do not             reconsidered the      
  make sense in how             configuration of the  
  they are listed,              secondary indicators  
  for example the 3S            and has made these    
  measures: secondary           changes in the State  
  school diploma,               plan guide. The new   
  GED, and diploma              configuration         
  and credential.               designates one        
  Performance could             indicator for high    
  well improve on one           school completion for 
  of these measures             graduation rate for   
  at the expense of             which States will be  
  others. Also                  held accountable. The 
  questioned was                Department will soon  
  whether a State's             issue non-regulatory  
  target for GEDs               guidance to clarify   
  awarded should                how States should     
  increase or                   report data on        
  decrease.                     secondary school      
                                diploma, GED, and     
                                diploma and           
                                credential under the  
                                high school           
                                completion measure.   

  Another illogical   3         The Department        NO CHANGE
  indicator is 2P1              concurs and has made  
  which lists only              the appropriate       
  "industry                     change in the State   
  certificate                   plan guide.           
  attainment."                                        
  Missing is a                                        
  reference of                                        
  credential or                                       
  degree which are                                    
  also in the                                         
  legislation.                                        

  The postsecondary   1         The Department        NO CHANGE
  indicator 3P1 is              concurs and has made  
  titled "student               the appropriate       
  retention," but the           change in the State   
  actual Perkins IV             plan guide.           
  language includes                                   
  "transfer to a                                      
  baccalaureate                                       
  degree program."                                    

  ***Accountability                                   
  -- Proposed                                         
  Performance Levels                                  
  (AMOs and Targets)                                  
  for Academic                                        
  Attainment and                                      
  Graduation Rates***                                 

  The proposed        3         The Department has    The Department has clarified
  references to AMO             maintained its        throughout the guide that
  and AYP in                    references to AMO and NCLB uses the term "AMOs" to
  negotiating                   AYP in the State plan refer to a State's annual
  performance levels            guide. The Department targets related to its
  under the Perkins             believes that the     students' achievement on its
  IV Act are                    Perkins IV Act is     academic assessments but that
  inappropriate and             unambiguous in its    NCLB uses the term "targets"
  create an                     intent for each State to refer to a State's annual
  unintended burden             to report on the      target related to its
  for the States.               academic attainment   graduation rate.
  Congress made no              of its career and     
  reference to AMOs             technical education   
  or AYP in the                 students using the    
  Perkins IV                    proficient level or   
  legislation.                  above on the State\'s 
                                ESEA assessments and  
                                graduation rates      
                                using its NCLB        
                                calculation. This     
                                statement the         
                                interpretation of     
                                section               
                                113(b)(2)(A)(i) of    
                                the legislation by    
                                the Department\'s     
                                Office of General     
                                Counsel. The          
                                Department expects    
                                that career and       
                                technical education   
                                students will be      
                                taught to the same    
                                standards and         
                                expected to meet the  
                                same standards as all 
                                other students in the 
                                State. It is,         
                                therefore,            
                                appropriate that each 
                                State consider using  
                                its Annual Measurable 
                                Objectives (AMOs)     
                                that are set for all  
                                students as its       
                                academic attainment   
                                performance levels    
                                and graduation rate   
                                for its career and    
                                technical education   
                                students. Further,    
                                the Secretary is      
                                considering whether   
                                to issue regulations  
                                requiring a State to  
                                agree to "adjusted    
                                performance levels"   
                                under the Perkins Act 
                                that are the same as  
                                the State's AMOs or   
                                targets for           
                                graduation rate under 
                                the ESEA. If the      
                                Secretary decides to  
                                regulate on this      
                                issue and adopts      
                                final rules, a State  
                                may be required to    
                                amend its State plan. 

  ***Accountability                                   
  -- Definition of a                                  
  Tech-Prep                                           
  Student***                                          

  Definition of a     1         States are expected   NO CHANGE
  "secondary                    to use a definition   
  education tech prep           that corresponds to a 
  student" in the               tech prep student in  
  Perkins IV                    reporting data to the 
  legislation present           Department under      
  a data collection             sections 113 and/or   
  and reporting                 203(e) of the Act.    
  problem because it            The State should use  
  is not aligned with           the other student     
  current definitions           definitions when      
  for participant,              reporting for all     
  concentrator, or              other career and      
  completer.                    technical education   
                                students under        
                                section 113 of the    
                                Act.                  

  ***Accountability                                   
  -- Sanctions***                                     

  Those things for    3         The Department        NO CHANGE
  which federal funds           concurs and has made  
  can be withheld if            the appropriate       
  a State fails to              change in the State   
  meet its                      plan guide.           
  performance levels                                  
  should be clearly                                   
  defined in the                                      
  State plan guide.                                   

  The Department      1         The Department is     NO CHANGE
  needs to issue a              examining options on  
  clear definition of           how to provide        
  "valid and                    guidance to States on 
  reliable."                    definitions and       
                                measures for the core 
                                indicators so that    
                                data is "valid,       
                                reliable, and         
                                consistent" and meets 
                                the requirements of   
                                Section 113(b)(E) of  
                                the Act that states   
                                that "indicators of   
                                performance shall be  
                                established solely by 
                                each eligible agency  
                                with input from       
                                eligible recipients." 

  ***Provision of                                     
  Services for                                        
  Special                                             
  Populations***                                      

  The procedural      1         The Department        NO CHANGE
  suggestions for the           concurs and has made  
  provision of                  the appropriate       
  services for                  change in the State   
  special populations           plan guide.           
  regarding local                                     
  plan applications                                   
  should be expanded                                  
  to include proposed                                 
  expenditures for                                    
  these programs,                                     
  services, and                                       
  activities.                                         

  ***EDGAR                                            
  Certifications***                                   

  The URLs for many   1         The Department        NO CHANGE
  of the assurance              concurs and has made  
  forms are not                 the appropriate       
  available.                    change in the State   
                                plan guide.           

  ***Tech Prep                                        
  Programs***                                         

  It may not be       1         The Department        NO CHANGE
  possible for States           concurs and will      
  which choose to               remove this           
  submit a transition           requirement from the  
  plan to know in               transition plan       
  advance which tech            requirements.         
  prep consortia will                                 
  be funded and                                       
  including this                                      
  information in the                                  
  State plan may not                                  
  be possible.                                        
  ------------------- --------- --------------------- -----------------------------