109TH CONGRESS

1ST SESSION S. 250

AN ACT

To amend the Carl D. Perkins Vocational and Technical

Education Act of 1998 to improve the Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Carl D. Perkins Career and Technical Education Im6 provement Act of 2005’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Purpose.

Sec. 4. Definitions.

Sec. 5. Transition provisions.

Sec. 6. Limitation.

Sec. 7. Authorization of appropriations.

TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO

THE STATES

Sec. 101. Career and technical education assistance to the States.

Sec. 102. Reservations and State allotment.

Sec. 103. Within State allocation.

Sec. 104. Accountability.

Sec. 105. National activities.

Sec. 106. Assistance for the outlying areas.

Sec. 107. Native American program.

Sec. 108. Tribally controlled postsecondary career and technical institutions.

Sec. 109. Occupational and employment information.

Sec. 110. State administration.

Sec. 111. State plan.

Sec. 112. Improvement plans.

Sec. 113. State leadership activities.

Sec. 114. Distribution of funds to secondary school programs.

Sec. 115. Distribution of funds for postsecondary career and technical education programs.

Sec. 116. Special rules for career and technical education.

Sec. 117. Local plan for career and technical education programs.

Sec. 118. Local uses of funds.

Sec. 119. Tech-Prep education.

TITLE II—GENERAL PROVISIONS

Sec. 201. Redesignation of title.

Sec. 202. Fiscal requirements.

Sec. 203. Voluntary selection and participation.

Sec. 204. Limitation for certain students.

Sec. 205. Authorization of Secretary; participation of private school personnel.

Sec. 206. Student assistance and other Federal programs.

Sec. 207. Table of contents.

3 SEC. 2. REFERENCES.

4 Except as otherwise expressly provided, wherever in

5 this Act an amendment or repeal is expressed in terms

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a
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1 section or other provision of the Carl D. Perkins Voca2 tional and Technical Education Act of 1998 (20 U.S.C.

3 2301 et seq.).

4 SEC. 3. PURPOSE.

5 Section 2 (20 U.S.C. 2301) is amended—

6 (1) by striking ‘‘vocational’’ each place the term

7 appears and inserting ‘‘career’’;

8 (2) in paragraph (1), by striking ‘‘standards’’

9 and inserting ‘‘and technical standards, and to assist

10 students in meeting such standards, including stu11 dent academic achievement standards, especially in

12 preparation for high skill, high wage, or high de13 mand occupations in emerging or established profes14 sions’’;

15 (3) in paragraph (2), by inserting ‘‘challenging’’

16 after ‘‘integrate’’;

17 (4) in paragraph (3), by striking ‘‘and’’ after

18 the semicolon;

19 (5) in paragraph (4)—

20 (A) by inserting ‘‘conducting and’’ before

21 ‘‘disseminating national’’;

22 (B) by inserting ‘‘disseminating informa23 tion on best practices,’’ after ‘‘national re24 search,’’; and
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1 (C) by striking the period at the end and

2 inserting a semicolon; and

3 (6) by adding at the end the following:

4 ‘‘(5) promoting leadership, initial preparation,

5 and professional development at the State and local

6 levels, and developing research and best practices for

7 improving the quality of career and technical edu8 cation teachers, faculty, principals, administrators,

9 and counselors;

10 ‘‘(6) supporting partnerships among secondary

11 schools, postsecondary institutions, baccalaureate de12 gree granting institutions, area career technical cen13 ters, local workforce investment boards, business and

14 industry, professional associations, and inter15 mediaries; and

16 ‘‘(7) developing a highly skilled workforce need17 ed to keep America competitive in the global econ18 omy in conjunction with other Federal education and

19 training programs, including workforce investment

20 programs, that provide lifelong learning for the

21 workforce of today and tomorrow.’’.

22 SEC. 4. DEFINITIONS.

23 Section 3 (20 U.S.C. 2302) is amended—

24 (1) by striking paragraphs (29) and (30);
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1 (2) by redesignating paragraphs (5), (6), (7)

2 through (12), (13) through (16), (17) through (22),

3 and (23) through (28), as paragraphs (10), (12),

4 (14) through (19), (21) through (24), (26) through

5 (31), and (33) through (38), respectively;

6 (3) in paragraph (2), by inserting ‘‘, including

7 employment statistics and information relating to

8 national, regional, and local labor market areas, as

9 provided pursuant to section 118, and career ladder

10 information, where appropriate’’ after ‘‘to enter’’;

11 (4) in paragraph (3)—

12 (A) in the paragraph heading, by striking

13 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and

14 (B) by striking ‘‘vocational’’ each place the

15 term appears and inserting ‘‘career’’;

16 (5) by striking paragraph (4) and inserting the

17 following:

18 ‘‘(4) ARTICULATION AGREEMENT.—The term

19 ‘articulation agreement’ means a written

20 commitment—

21 ‘‘(A) that is approved annually by the rel22 evant administrators of—

23 ‘‘(i) a secondary institution and a

24 postsecondary educational institution; or
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1 ‘‘(ii) a sub-baccalaureate degree

2 granting postsecondary educational institu3 tion and a baccalaureate degree granting

4 postsecondary educational institution; and

5 ‘‘(B) to a program that is designed to pro6 vide students with a nonduplicative sequence of

7 progressive achievement leading to technical

8 skill proficiency, a credential, a certificate, or a

9 degree, and linked through credit transfer

10 agreements.’’;

11 (6) by inserting after paragraph (4) (as amend12 ed by paragraph (5)) the following:

13 ‘‘(5) CAREER AND TECHNICAL EDUCATION.—

14 The term ‘career and technical education’ means or15 ganized educational activities that—

16 ‘‘(A) offer a sequence of courses (which

17 may include work-based learning experiences)

18 that—

19 ‘‘(i) provides individuals with the chal20 lenging academic and technical knowledge

21 and skills the individuals need to prepare

22 for further education and for careers in

23 emerging and established professions; and
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1 ‘‘(ii) may lead to technical skill pro2 ficiency, a credential, a certificate, or a de3 gree; and

4 ‘‘(B) include competency-based applied

5 learning that contributes to the academic

6 knowledge, higher-order reasoning and problem7 solving skills, work attitudes, general employ8 ability skills, technical skills, occupation-specific

9 skills, and knowledge of all aspects of an indus10 try, including entrepreneurship, of an indi11 vidual.

12 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU13 DENT.—The term ‘career and technical education

14 student’ means a student who enrolls in a clearly de15 fined sequence of career and technical education

16 courses (which may include work-based learning ex17 periences) leading to attainment of technical skill

18 proficiency, a credential, a certificate, or a degree.

19 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGA20 NIZATION.—

21 ‘‘(A) IN GENERAL.—The term ‘career and

22 technical student organization’ means an orga23 nization for individuals enrolled in a career and

24 technical education program that engages in ca-
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1 reer and technical education activities as an in2 tegral part of the instructional program.

3 ‘‘(B) STATE AND NATIONAL UNITS.—An

4 organization described in subparagraph (A)

5 may have State and national units that aggre6 gate the work and purposes of instruction in ca7 reer and technical education at the local level.

8 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN9 SELING.—The term ‘career guidance and academic

10 counseling’ means providing access to information

11 regarding career awareness and planning with re12 spect to an individual’s occupational and academic

13 future that shall involve guidance and counseling

14 with respect to career options, including bacca15 laureate degree programs, financial aid, and postsec16 ondary options.

17 ‘‘(9) CAREER PATHWAY.—The term ‘career

18 pathway’ means a coordinated and nonduplicative

19 sequence of courses (which may include work-based

20 learning experiences) and associated credits that—

21 ‘‘(A) shall identify both secondary and

22 postsecondary education elements;

23 ‘‘(B) shall include challenging academic

24 and career and technical education content that

25 adequately prepares students to pursue the
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1 postsecondary education element identified

2 under subparagraph (A);

3 ‘‘(C) may include the opportunity for sec4 ondary students to participate in dual or con5 current enrollment programs or other ways to

6 acquire postsecondary credits; and

7 ‘‘(D) culminates in technical skill pro8 ficiency, an industry-recognized credential, a

9 certificate, a degree, or completion of a recog10 nized apprenticeship program.’’;

11 (7) in paragraph (10) (as redesignated by para12 graph (2)), by striking ‘‘5206’’ and inserting

13 ‘‘5210’’;

14 (8) by inserting after paragraph (10) (as redes15 ignated by paragraph (2)) the following:

16 ‘‘(11) COMMUNITY COLLEGE.—The term ‘com17 munity college’—

18 ‘‘(A) means an institution of higher edu19 cation, as defined in section 101 of the Higher

20 Education Act of 1965, that provides not less

21 than a 2-year program that is acceptable for

22 full credit toward a baccalaureate degree; and

23 ‘‘(B) includes tribally controlled colleges or

24 universities.’’;
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1 (9) in paragraph (12) (as redesignated by para2 graph (2))—

3 (A) by striking ‘‘method of instruction’’

4 and inserting ‘‘method’’; and

5 (B) by striking ‘‘vocational’’ and inserting

6 ‘‘career’’;

7 (10) by inserting after paragraph (12) (as re8 designated by paragraph (2) and amended by para9 graph (9)) the following:

10 ‘‘(13) CORE ACADEMIC SUBJECTS.—The term

11 ‘core academic subjects’ has the meaning given the

12 term in section 9101 of the Elementary and Sec13 ondary Education Act of 1965, except that under

14 this Act such subjects included in such term shall be

15 only those subjects in a secondary school context.’’;

16 (11) in paragraph (16) (as redesignated by

17 paragraph (2)), by striking ‘‘vocational’’ both places

18 the term appears and inserting ‘‘career’’;

19 (12) in paragraph (17) (as redesignated by

20 paragraph (2))—

21 (A) in subparagraph (A), by striking ‘‘an

22 institution of higher education’’ and inserting

23 ‘‘a public or nonprofit private institution of

24 higher education that offers career and tech25 nical education courses that lead to technical
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1 skill proficiency, an industry-recognized creden2 tial, a certificate, or a degree’’; and

3 (B) in subparagraph (C), by striking ‘‘vo4 cational’’ and inserting ‘‘career’’;

5 (13) in paragraph (18)(A) (as redesignated by

6 paragraph (2)), by striking ‘‘agency, an area voca7 tional’’ and inserting ‘‘agency (including a public

8 charter school that operates as a local educational

9 agency), an area career’’;

10 (14) by inserting after paragraph (19) (as re11 designated by paragraph (2)) the following:

12 ‘‘(20) GRADUATION AND CAREER PLAN.—The

13 term ‘graduation and career plan’ means a written

14 plan for a secondary career and technical education

15 student, that—

16 ‘‘(A) is developed with career guidance and

17 academic counseling or other professional staff,

18 and in consultation with parents, not later than

19 in the first year of secondary school or upon en20 rollment in career and technical education;

21 ‘‘(B) is reviewed annually and modified as

22 needed;

23 ‘‘(C) includes relevant information on—

24 ‘‘(i) secondary school requirements for

25 graduating with a diploma;
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1 ‘‘(ii) postsecondary education admis2 sion requirements; and

3 ‘‘(iii) high skill, high wage, or high de4 mand occupations and nontraditional fields

5 in emerging and established professions,

6 and labor market indicators; and

7 ‘‘(D) states the student’s secondary school

8 graduation goals, postsecondary education and

9 training, or employment goals, and identifies 1

10 or more career pathways that correspond to the

11 goals.’’;

12 (15) by inserting after paragraph (24) (as re13 designated by paragraph (2)) the following:

14 ‘‘(25) LOCAL WORKFORCE INVESTMENT

15 BOARD.—The term ‘local workforce investment

16 board’ means a local workforce investment board es17 tablished under section 117 of the Workforce Invest18 ment Act of 1998 (29 U.S.C. 2832).’’;

19 (16) in paragraph (26) (as redesignated by

20 paragraph (2))—

21 (A) in the paragraph heading, by striking

22 ‘‘TRAINING AND EMPLOYMENT’’ and inserting

23 ‘‘FIELDS’’; and

24 (B) by striking ‘‘training and employment’’

25 and inserting ‘‘fields’’;
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1 (17) in paragraph (27) (as redesignated by

2 paragraph (2)), by striking ‘‘the Commonwealth’’

3 and all that follows through the period and inserting

4 ‘‘and the Commonwealth of the Northern Mariana

5 Islands.’’;

6 (18) by inserting after paragraph (31) (as re7 designated by paragraph (2)) the following:

8 ‘‘(32) SELF-SUFFICIENCY.—The term ‘self-suf9 ficiency’ means a standard that is adopted, cal10 culated, or commissioned by a local area or State,

11 and which adjusts for local factors, in specifying the

12 income needs of families, by family size, the number

13 and ages of children in the family, and sub-State

14 geographical considerations.’’;

15 (19) in paragraph (33) (as redesignated by

16 paragraph (2))—

17 (A) in subparagraph (C), by striking

18 ‘‘training and employment’’ and inserting

19 ‘‘fields’’; and

20 (B) in subparagraph (F), by striking ‘‘indi21 viduals with other barriers to educational

22 achievement, including’’;

23 (20) in paragraph (35) (as redesignated by

24 paragraph (2)) by striking ‘‘, and instructional aids
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1 and devices’’ and inserting ‘‘instructional aids, and

2 work supports’’;

3 (21) by striking paragraph (36) (as redesig4 nated by paragraph (2)) and inserting the following:

5 ‘‘(36) TECH-PREP PROGRAM.—The term ‘tech6 prep program’ means a program of study that—

7 ‘‘(A) combines at a minimum 2 years of

8 secondary education (as determined under State

9 law) with a minimum of 2 years of postsec10 ondary education in a nonduplicative, sequential

11 course of study;

12 ‘‘(B) integrates academic and career and

13 technical education instruction, and utilizes

14 work-based and worksite learning where appro15 priate and available;

16 ‘‘(C) provides technical preparation in a

17 career field, including high skill, high wage, or

18 high demand occupations;

19 ‘‘(D) builds student competence in tech20 nical skills and in core academic subjects, as

21 appropriate, through applied, contextual, and

22 integrated instruction, in a coherent sequence

23 of courses (which may include work-based

24 learning experiences);
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1 ‘‘(E) leads to technical skill proficiency, an

2 industry-recognized credential, a certificate, or

3 a degree, in a specific career field;

4 ‘‘(F) leads to placement in high skill, high

5 wage employment or to further education; and

6 ‘‘(G) utilizes career pathways, to the extent

7 practicable.’’; and

8 (22) in paragraph (38) (as redesignated by

9 paragraph (2))—

10 (A) in the paragraph heading, by striking

11 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’;

12 (B) in the matter preceding subparagraph

13 (A)—

14 (i) by striking ‘‘vocational’’ and in15 serting ‘‘career’’;

16 (ii) by striking ‘‘paragraph (2)’’ and

17 inserting ‘‘subsection (a)(2)’’; and

18 (iii) by striking ‘‘paragraph (5)(A)’’

19 and inserting ‘‘subsection (a)(5)’’; and

20 (C) in subparagraph (F), by striking ‘‘vo21 cational’’ and inserting ‘‘career’’.

22 SEC. 5. TRANSITION PROVISIONS.

23 Section 4 (20 U.S.C. 2303) is amended by striking

24 ‘‘the Carl D. Perkins Vocational and Applied Technology

25 Education Act’’ and all that follows through the period
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1 and inserting ‘‘this Act, as this Act was in effect on the

2 day before the date of enactment of the Carl D. Perkins

3 Career and Technical Education Improvement Act of

4 2005. Each eligible agency shall be assured a full fiscal

5 year for transition to plan for and implement the require6 ments of this Act.’’.

7 SEC. 6. LIMITATION.

8 Section 6 (20 U.S.C. 2305) is amended by striking

9 the second sentence.

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

11 Section 8 (20 U.S.C. 2307) is amended—

12 (1) by striking ‘‘title II’’ and inserting ‘‘part D

13 of title I’’; and

14 (2) by striking ‘‘1999 through 2003’’ and in15 serting ‘‘2006 through 2011’’.

16 TITLE I—CAREER AND TECH17 NICAL EDUCATION ASSIST18 ANCE TO THE STATES

19 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST20 ANCE TO THE STATES.

21 Title I (20 U.S.C. 2321 et seq.) is amended by strik22 ing the title heading and inserting the following:
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1 ‘‘TITLE I—CAREER AND TECH2 NICAL EDUCATION ASSIST3 ANCE TO THE STATES’’.

4 SEC. 102. RESERVATIONS AND STATE ALLOTMENT.

5 Section 111(a) (20 U.S.C. 2321(a)) is amended—

6 (1) in paragraph (1)(C), by striking ‘‘2001

7 through 2003,’’ and inserting ‘‘2006 through

8 2011,’’; and

9 (2) by striking paragraphs (3) and (4) and in10 serting the following:

11 ‘‘(3) MINIMUM ALLOTMENT.—Subject to para12 graph (4), no State, other than the United States

13 Virgin Islands, shall receive for a fiscal year under

this subsection less than 1 14 ⁄2 of 1 percent of the

15 amount appropriated under section 8 and not re16 served under paragraph (1) for such fiscal year.

17 Amounts necessary for increasing such payments to

18 States to comply with the preceding sentence shall

19 be obtained by ratably reducing the amounts to be

20 paid to other States.

21 ‘‘(4) HOLD HARMLESS.—

22 ‘‘(A) FISCAL YEARS 2006 THROUGH 2008.—

23 Notwithstanding paragraph (3), no State shall

24 receive an allotment under this section for each

25 of the fiscal years 2006 through 2008 that is
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1 less than the allotment the State received under

2 this part (as this part was in effect on the day

3 before the date of enactment of the Carl D.

4 Perkins Career and Technical Education Im5 provement Act of 2005) for fiscal year 2005.

6 ‘‘(B) FISCAL YEARS 2009 THROUGH 2011.—

7 Notwithstanding paragraph (3), no State shall

8 receive an allotment under this section for each

9 of the fiscal years 2009 through 2011 that is

10 less than 95 percent of the allotment the State

11 received under this section for the preceding fis12 cal year.

13 ‘‘(C) RATABLE REDUCTION.—If for any

14 fiscal year the amount appropriated for allot15 ments under this section is insufficient to sat16 isfy the requirements of subparagraph (A) or

17 (B), the payments to all States under such sub18 paragraph shall be ratably reduced.’’.

19 SEC. 103. WITHIN STATE ALLOCATION.

20 Section 112 (20 U.S.C. 2322) is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (1), by adding ‘‘and’’

23 after the semicolon; and

24 (B) by striking paragraphs (2) and (3) and

25 inserting the following:
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1 ‘‘(2) not more than 15 percent or $750,000,

2 whichever is greater, for—

3 ‘‘(A) State leadership activities described

4 in section 124, of which—

5 ‘‘(i) an amount determined by the eli6 gible agency shall be made available to

7 serve individuals in State institutions, such

8 as State correctional institutions and insti9 tutions that serve individuals with disabil10 ities; and

11 ‘‘(ii) not less than $60,000 shall be

12 available for services that prepare individ13 uals for nontraditional fields; and

14 ‘‘(B) administration of the State plan,

15 which may be used for the costs of—

16 ‘‘(i) developing the State plan;

17 ‘‘(ii) reviewing the local plans;

18 ‘‘(iii) monitoring and evaluating pro19 gram effectiveness;

20 ‘‘(iv) assuring compliance with all ap21 plicable Federal laws;

22 ‘‘(v) providing technical assistance;

23 and
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1 ‘‘(vi) supporting and developing State

2 data systems relevant to the provisions of

3 this Act.’’;

4 (2) in subsection (b), by striking ‘‘subsection

5 (a)(3)’’ both places the term appears and inserting

6 ‘‘subsection (a)(2)(B)’’; and

7 (3) by striking subsection (c) and inserting the

8 following:

9 ‘‘(c) RESERVE.—From amounts made available

10 under subsection (a)(1) to carry out this subsection, an

11 eligible agency may—

12 ‘‘(1) award grants to eligible recipients, or con13 sortia of eligible recipients, for career and technical

14 education activities described in section 135 in—

15 ‘‘(A) rural areas; or

16 ‘‘(B) areas with high percentages or high

17 numbers of career and technical education stu18 dents;

19 ‘‘(2) reserve funds, with the approval of partici20 pating eligible recipients, for—

21 ‘‘(A) innovative statewide initiatives that

22 demonstrate benefits for eligible recipients,

23 which may include—

24 ‘‘(i) developing and implementing

25 technical assessments;
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1 ‘‘(ii) improving the initial preparation

2 and professional development of career and

3 technical education teachers, faculty, prin4 cipals, administrators, and counselors; and

5 ‘‘(iii) establishing, enhancing, and

6 supporting systems for accountability data

7 collection or reporting purposes; or

8 ‘‘(B) the development and implementation

9 of career pathways or career clusters; and

10 ‘‘(3) carry out activities described in para11 graphs (1) and (2).’’.

12 SEC. 104. ACCOUNTABILITY.

13 Section 113 (20 U.S.C. 2323) is amended—

14 (1) by striking ‘‘vocational’’ each place the term

15 appears and inserting ‘‘career’’;

16 (2) in subsection (a)—

17 (A) by striking ‘‘a State performance ac18 countability system’’ and inserting ‘‘and sup19 port State and local performance accountability

20 systems’’; and

21 (B) by inserting ‘‘and its eligible recipi22 ents’’ after ‘‘of the State’’;

23 (3) in subsection (b)—

24 (A) in paragraph (1)—
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1 (i) in subparagraph (A), by striking

2 ‘‘paragraph (2)(A)’’ and inserting ‘‘sub3 paragraphs (A) and (B) of paragraph (2)’’;

4 and

5 (ii) in subparagraph (B), by striking

6 ‘‘(2)(B)’’ and inserting ‘‘(2)(C)’’;

7 (B) in paragraph (2)—

8 (i) by striking subparagraph (A) and

9 inserting the following:

10 ‘‘(A) CORE INDICATORS OF PERFORMANCE

11 FOR SECONDARY CAREER AND TECHNICAL EDU12 CATION STUDENTS.—Each eligible agency shall

13 identify in the State plan core indicators of per14 formance for secondary career and technical

15 education students that include, at a minimum,

16 measures of each of the following:

17 ‘‘(i) Student achievement on technical

18 assessments and attainment of career and

19 technical skill proficiencies that are aligned

20 with nationally recognized industry stand21 ards, if available and appropriate.

22 ‘‘(ii) Student attainment of chal23 lenging academic content standards and

24 student academic achievement standards,

25 as adopted by the State under section
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1 1111(b)(1) of the Elementary and Sec2 ondary Education Act of 1965 and meas3 ured by the academic assessments de4 scribed in section 1111(b)(3) of such Act,

5 consistent with State requirements.

6 ‘‘(iii) Student rates of attainment

7 of—

8 ‘‘(I) a secondary school diploma;

9 ‘‘(II) the recognized equivalent of

10 a secondary school diploma;

11 ‘‘(III) technical skill proficiency;

12 ‘‘(IV) an industry-recognized cre13 dential;

14 ‘‘(V) a certificate; and

15 ‘‘(VI) a degree.

16 ‘‘(iv) Placement in postsecondary edu17 cation, military service, apprenticeship pro18 grams, or employment.

19 ‘‘(v) Student participation in, and

20 completion of, career and technical edu21 cation programs that lead to employment

22 or self-employment in nontraditional

23 fields.’’;
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1 (ii) by redesignating subparagraphs

2 (B) through (D) as subparagraphs (C)

3 through (E), respectively;

4 (iii) by inserting after subparagraph

5 (A) the following:

6 ‘‘(B) CORE INDICATORS OF PERFORMANCE

7 FOR POSTSECONDARY CAREER AND TECHNICAL

8 STUDENTS.—Each eligible agency shall identify

9 in the State plan core indicators of performance

10 for postsecondary career and technical edu11 cation students that include, at a minimum,

12 measures of each of the following:

13 ‘‘(i) Student achievement on technical

14 assessments and attainment of career and

15 technical skill proficiencies that are aligned

16 with nationally recognized industry stand17 ards, if available and appropriate.

18 ‘‘(ii) Student attainment of technical

19 skill proficiency, an industry-recognized

20 credential, a certificate, or a degree, or re21 tention in postsecondary education, includ22 ing transfer to a baccalaureate degree pro23 gram.

24 ‘‘(iii) Placement in military service,

25 apprenticeship programs, or employment.
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1 ‘‘(iv) Student participation in, and

2 completion of, career and technical edu3 cation programs that lead to employment

4 or self-employment in—

5 ‘‘(I) nontraditional fields; and

6 ‘‘(II) high skill, high wage, high

7 demand occupations or professions.

8 ‘‘(v) Increase in earnings, where avail9 able.’’;

10 (iv) in subparagraph (C) (as redesig11 nated by clause (ii) of this subparagraph),

12 by striking ‘‘the title.’’ and inserting ‘‘this

13 title, such as attainment of self-suffi14 ciency.’’;

15 (v) in subparagraph (D) (as redesig16 nated by clause (ii) of this subparagraph),

17 by inserting ‘‘career and technical edu18 cation’’ after ‘‘developed State’’;

19 (vi) in subparagraph (E) (as redesig20 nated by clause (ii) of this subpara21 graph)—

22 (I) by striking ‘‘this paragraph’’

23 and inserting ‘‘subparagraphs (A) and

24 (B)’’;

25 (II) by striking ‘‘solely’’; and
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1 (III) by striking ‘‘recipients.’’

2 and inserting ‘‘recipients, and shall

3 meet the requirements of this sec4 tion.’’; and

5 (vii) by adding at the end the fol6 lowing:

7 ‘‘(F) ALIGNMENT OF PERFORMANCE INDI8 CATORS.—In the course of identifying core indi9 cators of performance and additional indicators

10 of performance, States shall, to the greatest ex11 tent possible, define the indicators so that sub12 stantially similar information gathered for other

13 State and Federal programs, or any other pur14 pose, is used to meet the requirements of this

15 section.’’;

16 (C) in paragraph (3)—

17 (i) in the paragraph heading, by strik18 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV19 ELS’’;

20 (ii) in subparagraph (A)—

21 (I) in clause (i)—

22 (aa) by striking ‘‘paragraph

23 (2)(A)’’ and inserting ‘‘subpara24 graphs (A) and (B) of paragraph

25 (2)’’;
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1 (bb) by inserting ‘‘after tak2 ing into account the local ad3 justed levels of performance and’’

4 after ‘‘eligible agency,’’; and

5 (cc) by striking subclause

6 (II) and inserting the following:

7 ‘‘(II) require the eligible recipi8 ents to make continuous and signifi9 cant improvement in career and tech10 nical achievement of career and tech11 nical education students, including

12 special populations.’’;

13 (II) in clause (v)—

14 (aa) in the clause heading,

15 by striking ‘‘3RD, 4TH, AND 5TH’’

16 and inserting ‘‘SUBSEQUENT’’;

17 (bb) by striking ‘‘third pro18 gram year’’ and inserting ‘‘third

19 and fifth program years’’; and

20 (cc) by striking ‘‘third,

21 fourth, and fifth’’ and inserting

22 ‘‘corresponding subsequent’’;

23 (III) in clause (vi)(II), by insert24 ing ‘‘and significant’’ after ‘‘contin25 uous’’; and
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1 (IV) in clause (vii), by striking

2 ‘‘or (vi)’’ and inserting ‘‘or (v)’’; and

3 (iii) in subparagraph (B), by striking

4 ‘‘(2)(B)’’ and inserting ‘‘(2)(C)’’; and

5 (D) by adding at the end the following:

6 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.—

7 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER8 FORMANCE FOR CORE INDICATORS OF PER9 FORMANCE.—

10 ‘‘(i) IN GENERAL.—Each eligible re11 cipient shall agree to accept the State ad12 justed levels of performance established

13 under paragraph (3) as local adjusted lev14 els of performance, or negotiate with the

15 State to reach agreement on new local ad16 justed levels of performance, for each of

17 the core indicators of performance de18 scribed in subparagraphs (A) and (B) of

19 paragraph (2) for career and technical

20 education activities authorized under this

21 title. The levels of performance established

22 under this subparagraph shall, at a

23 minimum—

24 ‘‘(I) be expressed in a percentage

25 or numerical form, so as to be objec-
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1 tive, quantifiable, and measurable;

2 and

3 ‘‘(II) require the eligible recipient

4 to make continuous and significant

5 improvement in career and technical

6 achievement of career and technical

7 education students.

8 ‘‘(ii) IDENTIFICATION IN THE LOCAL

9 PLAN.—Each eligible recipient shall iden10 tify, in the local plan submitted under sec11 tion 134, levels of performance for each of

12 the core indicators of performance for the

13 first 2 program years covered by the local

14 plan.

15 ‘‘(iii) AGREEMENT ON LOCAL AD16 JUSTED LEVELS OF PERFORMANCE FOR

17 FIRST 2 YEARS.—The eligible agency and

18 each eligible recipient shall reach agree19 ment, as described in clause (i), on the eli20 gible recipient’s levels of performance for

21 each of the core indicators of performance

22 for the first 2 program years covered by

23 the local plan, taking into account the lev24 els identified in the local plan under clause

25 (ii) and the factors described in clause (v).
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1 The levels of performance agreed to under

2 this clause shall be considered to be the

3 local adjusted levels of performance for the

4 eligible recipient for such years and shall

5 be incorporated into the local plan prior to

6 the approval of such plan.

7 ‘‘(iv) AGREEMENT ON LOCAL AD8 JUSTED LEVELS OF PERFORMANCE FOR

9 SUBSEQUENT YEARS.—Prior to the third

10 and fifth program years covered by the

11 local plan, the eligible agency and each eli12 gible recipient shall reach agreement on

13 the local adjusted levels of performance for

14 each of the core indicators of performance

15 for the corresponding subsequent program

16 years covered by the local plan, taking into

17 account the factors described in clause (v).

18 The local adjusted levels of performance

19 agreed to under this clause shall be consid20 ered to be the local adjusted levels of per21 formance for the eligible recipient for such

22 years and shall be incorporated into the

23 local plan.
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1 ‘‘(v) FACTORS.—The agreement de2 scribed in clause (iii) or (iv) shall take into

3 account—

4 ‘‘(I) how the levels of perform5 ance involved compare with the local

6 adjusted levels of performance estab7 lished for other eligible recipients, tak8 ing into account factors including the

9 characteristics of participants when

10 the participants entered the program

11 and the services or instruction to be

12 provided; and

13 ‘‘(II) the extent to which the

14 local adjusted levels of performance

15 involved promote continuous and sig16 nificant improvement on the core indi17 cators of performance by the eligible

18 recipient.

19 ‘‘(vi) REVISIONS.—If unanticipated

20 circumstances arise with respect to an eli21 gible recipient resulting in a significant

22 change in the factor described in clause

23 (v)(II), the eligible recipient may request

24 that the local adjusted levels of perform25 ance agreed to under clause (iii) or (iv) be
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1 revised. The eligible agency shall issue ob2 jective criteria and methods for making

3 such revisions.

4 ‘‘(B) LEVELS OF PERFORMANCE FOR AD5 DITIONAL INDICATORS.—Each eligible recipient

6 may identify, in the local plan, local levels of

7 performance for any additional indicators of

8 performance described in paragraph (2)(C).

9 Such levels shall be considered to be the local

10 levels of performance for purposes of this title.

11 ‘‘(C) REPORT.—Each eligible recipient

12 that receives an allocation under section 131

13 shall publicly report, on an annual basis, its

14 progress in achieving the local adjusted levels of

15 performance on the core indicators of perform16 ance.’’; and

17 (4) by striking subsection (c)(1)(B) and insert18 ing:

19 ‘‘(B) information on the levels of perform20 ance achieved by the State with respect to the

21 additional indicators of performance, including

22 the levels of performance disaggregated for

23 postsecondary institutions, by special popu24 lations and gender, and for secondary institu25 tions, by special populations and by the cat-
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1 egories described in section 1111(h)(1)(C)(i) of

2 the Elementary and Secondary Education Act

3 of 1965, except that such disaggregation shall

4 not be required in a case in which the number

5 of individuals in a category is insufficient to

6 yield statistically reliable information or the re7 sults would reveal personally identifiable infor8 mation about an individual.’’.

9 SEC. 105. NATIONAL ACTIVITIES.

10 Section 114 (20 U.S.C. 2324) is amended—

11 (1) by striking ‘‘vocational’’ each place the term

12 appears and inserting ‘‘career’’;

13 (2) in subsection (a)(1), by striking ‘‘, including

14 an analysis of performance data regarding special

15 populations’’ and inserting ‘‘, including an analysis

16 of performance data that is disaggregated for post17 secondary institutions, by special populations, and

18 for secondary institutions, by special populations and

19 by the categories described in section

20 1111(h)(1)(C)(i) of the Elementary and Secondary

21 Education Act of 1965, except that such

22 disaggregation shall not be required in a case in

23 which the number of individuals in a category is in24 sufficient to yield statistically reliable information or
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1 the results would reveal personally identifiable infor2 mation about an individual’’;

3 (3) in subsection (c)—

4 (A) by striking paragraph (2) and insert5 ing the following:

6 ‘‘(2) INDEPENDENT ADVISORY PANEL.—

7 ‘‘(A) IN GENERAL.—The Secretary shall

8 appoint an independent advisory panel to advise

9 the Secretary on the implementation of the as10 sessment described in paragraph (3), including

11 the issues to be addressed and the methodology

12 of the studies involved to ensure that the as13 sessment adheres to the highest standards of

14 quality.

15 ‘‘(B) MEMBERS.—The advisory panel shall

16 consist of—

17 ‘‘(i) educators, principals, administra18 tors, and chief executives (including State

19 directors of career and technical edu20 cation), with expertise in the integration of

21 academic and career and technical edu22 cation;

23 ‘‘(ii) experts in evaluation, research,

24 and assessment;
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1 ‘‘(iii) representatives of labor organi2 zations and businesses, including small

3 businesses, economic development entities,

4 and State workforce investment boards es5 tablished under section 111 of the Work6 force Investment Act of 1998 (29 U.S.C.

7 2821) or local workforce investment

8 boards;

9 ‘‘(iv) parents;

10 ‘‘(v) career guidance and academic

11 counseling professionals; and

12 ‘‘(vi) other individuals and inter13 mediaries with relevant expertise.

14 ‘‘(C) INDEPENDENT ANALYSIS.—The advi15 sory panel shall transmit to the Secretary and

16 to the relevant committees of Congress an inde17 pendent analysis of the findings and rec18 ommendations resulting from the assessment

19 described in paragraph (3).

20 ‘‘(D) FACA.—The Federal Advisory Com21 mittee Act (5 U.S.C. App.) shall not apply to

22 the panel established under this paragraph.’’;

23 (B) in paragraph (3)—

24 (i) by striking subparagraph (A) and

25 inserting the following:
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1 ‘‘(A) IN GENERAL.—From amounts made

2 available under subsection (d), the Secretary

3 shall provide for the conduct of an independent

4 evaluation and assessment of career and tech5 nical education programs under this Act, in6 cluding the implementation of the Carl D. Per7 kins Career and Technical Education Improve8 ment Act of 2005, to the extent practicable,

9 through studies and analyses conducted inde10 pendently through grants, contracts, and coop11 erative agreements that are awarded on a com12 petitive basis.’’;

13 (ii) in subparagraph (B)—

14 (I) by striking clause (iii) and in15 serting the following:

16 ‘‘(iii) the preparation and qualifica17 tions of teachers and faculty of career and

18 technical education, as well as shortages of

19 such teachers and faculty;’’;

20 (II) by striking clause (v) and in21 serting the following:

22 ‘‘(v) academic and career and tech23 nical education achievement and employ24 ment outcomes of career and technical

25 education students, including analyses of—
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1 ‘‘(I) the number of career and

2 technical education students and tech3 prep students who meet the State ad4 justed levels of performance estab5 lished under section 113;

6 ‘‘(II) the extent and success of

7 integration of challenging academic

8 and career and technical education for

9 students participating in career and

10 technical education programs;

11 ‘‘(III) the extent to which career

12 and technical education programs pre13 pare students, including special popu14 lations, for subsequent employment in

15 high skill, high wage occupations, or

16 participation in postsecondary edu17 cation; and

18 ‘‘(IV) the number of career and

19 technical education students receiving

20 a high school diploma;’’;

21 (III) in clause (vi), by inserting

22 ‘‘, and career and technical education

23 students’ preparation for employ24 ment’’ after ‘‘programs’’; and
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1 (IV) in clause (viii), by inserting

2 ‘‘and local’’ after ‘‘State’’ both places

3 such term appears; and

4 (iii) in subparagraph (C)—

5 (I) in clause (i)—

6 (aa) by striking ‘‘Committee

7 on Education’’ and all that fol8 lows through ‘‘Senate’’ and in9 serting ‘‘relevant committees of

10 Congress’’; and

11 (bb) by striking ‘‘2002’’

12 both places it appears and insert13 ing ‘‘2009’’; and

14 (II) in clause (ii), by striking

15 ‘‘Committee on Education’’ and all

16 that follows through ‘‘Senate’’ and in17 serting ‘‘relevant committees of Con18 gress’’;

19 (C) in paragraph (4)(B), by striking

20 ‘‘Committee on Education’’ and all that follows

21 through ‘‘Senate’’ and inserting ‘‘relevant com22 mittees of Congress’’;

23 (D) in paragraph (5)—

24 (i) in subparagraph (A)—
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1 (I) in the matter preceding clause

2 (i), by striking ‘‘higher education’’

3 and all that follows through ‘‘centers’’

4 and inserting ‘‘higher education offer5 ing comprehensive graduate programs

6 in career and technical education that

7 shall be the primary recipient and

8 shall collaborate with a public or pri9 vate nonprofit organization or agency,

10 or a consortium of such institutions,

11 organizations, or agencies, to establish

12 a national research center’’;

13 (II) in clause (i)—

14 (aa) by inserting ‘‘and eval15 uation’’ after ‘‘to carry out re16 search’’; and

17 (bb) by inserting ‘‘, includ18 ing special populations,’’ after

19 ‘‘participants’’;

20 (III) by redesignating clauses

21 (ii), (iii), and (iv), as clauses (iii), (iv),

22 and (v), respectively;

23 (IV) by inserting after clause (i)

24 the following:
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1 ‘‘(ii) to carry out research for the pur2 pose of developing, improving, and identi3 fying the most successful methods for suc4 cessfully addressing the needs of employers

5 in high skill, high wage business and in6 dustry, including evaluation and scientif7 ically based research of—

8 ‘‘(I) collaboration between career

9 and technical education programs and

10 business and industry;

11 ‘‘(II) academic and technical

12 skills required to respond to the chal13 lenge of a global economy and rapid

14 technological changes; and

15 ‘‘(III) technical knowledge and

16 skills required to respond to needs of

17 a regional or sectoral workforce, in18 cluding small business;’’;

19 (V) in clause (iii) (as redesig20 nated by subclause (III) of this

21 clause), by inserting ‘‘that are inte22 grated with challenging academic in23 struction’’ before ‘‘, including’’; and
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1 (VI) by striking clause (iv) (as

2 redesignated by subclause (III) of this

3 clause) and inserting the following:

4 ‘‘(iv) to carry out scientifically based

5 research, where appropriate, that can be

6 used to improve preparation and profes7 sional development of teachers, faculty,

8 principals, and administrators and student

9 learning in the career and technical edu10 cation classroom, including—

11 ‘‘(I) effective in-service and pre12 service teacher and faculty education

13 that assists career and technical edu14 cation programs in—

15 ‘‘(aa) integrating those pro16 grams with academic content

17 standards and student academic

18 achievement standards, as adopt19 ed by States under section

20 1111(b)(1) of the Elementary

21 and Secondary Education Act of

22 1965; and

23 ‘‘(bb) promoting technical

24 education aligned with industry25 based standards and certifi-
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1 cations to meet regional industry

2 needs;

3 ‘‘(II) dissemination and training

4 activities related to the applied re5 search and demonstration activities

6 described in this subsection, which

7 may also include serving as a reposi8 tory for information on career and

9 technical education skills, State aca10 demic standards, and related mate11 rials; and

12 ‘‘(III) the recruitment and reten13 tion of career and technical education

14 teachers, faculty, counselors, prin15 cipals, and administrators, including

16 individuals in groups underrep17 resented in the teaching profession;

18 and’’;

19 (ii) in subparagraph (B)—

20 (I) by striking ‘‘or centers’’ both

21 places the term appears; and

22 (II) by striking ‘‘Committee on

23 Education’’ and all that follows

24 through ‘‘Senate’’ and inserting ‘‘rel25 evant committees of Congress’’;
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1 (iii) in subparagraph (C), by striking

2 ‘‘or centers’’; and

3 (iv) by adding at the end the fol4 lowing:

5 ‘‘(D) INDEPENDENT GOVERNING BOARD.—

6 ‘‘(i) IN GENERAL.—An institution of

7 higher education that desires a grant, con8 tract, or cooperative agreement under this

9 paragraph shall identify, in its application,

10 an independent governing board for the

11 center established pursuant to this para12 graph.

13 ‘‘(ii) MEMBERS.—The independent

14 governing board shall consist of the fol15 lowing:

16 ‘‘(I) Two representatives of sec17 ondary career and technical education.

18 ‘‘(II) Two representatives of

19 postsecondary career and technical

20 education.

21 ‘‘(III) Two representatives of eli22 gible agencies.

23 ‘‘(IV) Two representatives of

24 business and industry.
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1 ‘‘(V) Two representatives of ca2 reer and technical teacher preparation

3 institutions.

4 ‘‘(VI) Two nationally recognized

5 researchers in the field of career and

6 technical education.

7 ‘‘(iii) COORDINATION.—The inde8 pendent governing board shall ensure that

9 the research and dissemination activities

10 carried out by the center are coordinated

11 with the research activities carried out by

12 the Secretary.’’;

13 (E) in paragraph (6)(B)(ii), by striking

14 ‘‘or centers’’; and

15 (F) by striking paragraph (8); and

16 (4) by adding at the end the following:

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 such sums as may be necessary for each of fiscal years

20 2006 through 2011.’’.

21 SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS.

22 Section 115 (20 U.S.C. 2325) is amended—

23 (1) by striking ‘‘vocational’’ each place the term

24 appears and inserting ‘‘career’’;

25 (2) in subsection (b)—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘the Republic of the Marshall Is3 lands, the Federated States of Micronesia,’’;

4 (B) in paragraph (1), by striking ‘‘training

5 and retraining;’’ and inserting ‘‘preparation;’’;

6 (C) by redesignating paragraphs (2) and

7 (3) as paragraphs (3) and (4), respectively; and

8 (D) by inserting after paragraph (1) the

9 following:

10 ‘‘(2) professional development for teachers, fac11 ulty, principals, and administrators;’’; and

12 (3) in subsection (d)—

13 (A) by striking ‘‘the Republic of the Mar14 shall Islands, the Federated States of Micro15 nesia, and’’; and

16 (B) by striking ‘‘2001’’ and inserting

17 ‘‘2007’’.

18 SEC. 107. NATIVE AMERICAN PROGRAM.

19 Section 116 (20 U.S.C. 2326) is amended—

20 (1) by striking ‘‘vocational’’ each place the term

21 appears and inserting ‘‘career’’;

22 (2) in subsection (a)(5), by adding a period at

23 the end;

24 (3) in subsection (b)—
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1 (A) in paragraph (1), by striking ‘‘(d)’’

2 and inserting ‘‘(c)’’; and

3 (B) in paragraph (2), by striking ‘‘(other

4 than in subsection (i))’’;

5 (4) in subsection (d), by striking ‘‘section an’’

6 and inserting ‘‘section, an’’;

7 (5) in subsection (e), by striking ‘‘paragraph’’

8 and inserting ‘‘section’’; and

9 (6) in subsection (h), by striking ‘‘which are

10 recognized by the Governor of the State of Hawaii’’.

11 SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CA12 REER AND TECHNICAL INSTITUTIONS.

13 Section 117 (20 U.S.C. 2327) is amended—

14 (1) by striking the section heading and insert15 ing the following:

16 ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CA17 REER AND TECHNICAL INSTITUTIONS.’’;

18 (2) by striking ‘‘vocational’’ each place the term

19 appears and inserting ‘‘career’’;

20 (3) in subsection (g)—

21 (A) in paragraph (1), by striking ‘‘The

22 Secretary’’ and inserting ‘‘On an annual basis,

23 the Secretary’’;

24 (B) in paragraph (2)(B), by striking

25 ‘‘2000’’ and inserting ‘‘2007’’; and
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1 (C) in paragraph (3)(C), by striking ‘‘be2 ginning’’ and all that follows through the period

3 and inserting ‘‘beginning on the date of enact4 ment of the Carl D. Perkins Career and Tech5 nical Education Improvement Act of 2005.’’;

6 (4) by redesignating subsections (h) and (i) as

7 subsections (j) and (k), respectively;

8 (5) by inserting after subsection (g) the fol9 lowing:

10 ‘‘(h) APPEALS.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 the Secretary shall provide a tribally controlled post13 secondary career and technical institution with a

14 hearing on the record before an administrative law

15 judge with respect to the following determinations:

16 ‘‘(A) A determination that such institution

17 is not eligible for a grant under this section.

18 ‘‘(B) A determination regarding the cal19 culation of the amount of a grant awarded

20 under this section.

21 ‘‘(2) PROCEDURE FOR APPEAL.—To appeal a

22 determination described in paragraph (1), a tribally

23 controlled postsecondary career and technical insti24 tution shall—
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1 ‘‘(A) in the case of an appeal based on a

2 determination that such institution is not eligi3 ble for a grant under this section, file a notice

4 of appeal with the Secretary not later than 30

5 days after receipt of such determination; and

6 ‘‘(B) in the case of an appeal based on a

7 determination regarding the calculation of the

8 amount of a grant awarded under this

9 section—

10 ‘‘(i) file a notice of appeal with the

11 Secretary not later than 30 days after re12 ceipt of the Secretary’s notification of the

13 grant amount; and

14 ‘‘(ii) identify the amount of funding

15 that gives rise to such appeal.

16 ‘‘(3) WITHHOLDING OF AMOUNT.—If a tribally

17 controlled postsecondary career and technical insti18 tution appeals a determination described in para19 graph (1), the Secretary shall withhold the amount

20 in dispute from the award of grant funds under this

21 section until such time as the administrative law

22 judge has issued a written decision on the appeal.

23 ‘‘(i) RESTRICTED INDIRECT COST.—Notwithstanding

24 any other provision of law, the Secretary shall not request
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1 the use of a restricted indirect cost rate for grants award2 ed under this section.’’; and

3 (6) by striking subsection (k) (as redesignated

4 by paragraph (4) of this section) and inserting the

5 following:

6 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 $10,000,000 for fiscal year 2006 and such sums as may

9 be necessary for each of the 5 succeeding fiscal years.’’.

10 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA11 TION.

12 Section 118 (20 U.S.C. 2328) is amended—

13 (1) in subsection (a)—

14 (A) in the matter preceding paragraph (1),

15 by striking ‘‘(f)’’ and inserting ‘‘(g)’’;

16 (B) in paragraph (1)—

17 (i) in subparagraph (A), by striking

18 ‘‘(b)’’ both places it appears and inserting

19 ‘‘(c)’’;

20 (ii) in subparagraph (B), by striking

21 ‘‘(b)’’ and inserting ‘‘(c)’’; and

22 (iii) in subparagraph (C), by striking

23 ‘‘(b)’’ and inserting ‘‘(c)’’; and

24 (C) in paragraph (2), by striking ‘‘(b)’’

25 both places it appears and inserting ‘‘(c)’’;
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1 (2) by redesignating subsections (b) through (f)

2 as subsections (c) through (g), respectively;

3 (3) by inserting after subsection (a) the fol4 lowing:

5 ‘‘(b) STATE APPLICATION.—

6 ‘‘(1) IN GENERAL.—Each State desiring assist7 ance under this section shall submit an application

8 to the Secretary at the same time the State submits

9 its State plan under section 122, in such manner,

10 and accompanied by such additional information, as

11 the Secretary may reasonably require.

12 ‘‘(2) CONTENTS.—Each application submitted

13 under paragraph (1) shall include—

14 ‘‘(A) a description of how the State entity

15 designated in subsection (c) will provide infor16 mation based on labor market trends to inform

17 program development; and

18 ‘‘(B) information about the academic con19 tent standards and student academic achieve20 ment standards adopted by the State under sec21 tion 1111(b)(1) of the Elementary and Sec22 ondary Education Act of 1965.’’;

23 (4) in subsection (c) (as redesignated by para24 graph (2) of this section)—
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1 (A) in paragraph (1), by striking ‘‘individ2 uals’’ and all that follows through the semicolon

3 and inserting ‘‘students and parents, including

4 postsecondary education and training, including

5 academic and technical preparation for high

6 skill, high wage, or high demand occupations

7 and nontraditional fields in emerging or estab8 lished professions;’’;

9 (B) in paragraph (2), by inserting ‘‘aca10 demic and career and technical’’ after ‘‘relate’’;

11 (C) by striking paragraph (3) and insert12 ing the following:

13 ‘‘(3) to equip teachers, faculty, administrators,

14 and counselors with the knowledge, skills, and occu15 pational information needed to assist parents and all

16 students, especially special populations underrep17 resented in certain careers, with career exploration,

18 educational opportunities, education financing, and

19 exposure to high skill, high wage, or high demand

20 occupations and nontraditional fields, including oc21 cupations and fields requiring a baccalaureate de22 gree;’’;

23 (D) in paragraph (4), by striking ‘‘such

24 entities;’’ and inserting ‘‘such entities, with an

25 emphasis on high skill, high wage, or high de-
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1 mand occupations in emerging or established

2 professions;’’;

3 (E) in paragraph (5), by striking ‘‘and’’

4 after the semicolon;

5 (F) in paragraph (6), by striking the pe6 riod and inserting ‘‘; and’’; and

7 (G) by adding at the end the following:

8 ‘‘(7) to provide information, if available, for

9 each occupation, on—

10 ‘‘(A) the average earnings of an individual

11 in the occupation at entry level and after 5

12 years of employment;

13 ‘‘(B) the expected lifetime earnings; and

14 ‘‘(C) the expected future demand for the

15 occupation, based on employment projections.’’;

16 (5) in subsection (d)(1) (as redesignated by

17 paragraph (2) of this section), by striking ‘‘(b)’’

18 both places it appears and inserting ‘‘(c)’’;

19 (6) in subsection (e)(1) (as redesignated by

20 paragraph (2) of this section), by striking ‘‘(b)’’ and

21 inserting ‘‘(c)’’;

22 (7) in subsection (f)(1) (as redesignated by

23 paragraph (2) of this section), by striking ‘‘an iden24 tification’’ and inserting ‘‘a description’’; and
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1 (8) in subsection (g) (as redesignated by para2 graph (2) of this section), by striking ‘‘1999 through

3 2003’’ and inserting ‘‘2006 through 2011’’.

4 SEC. 110. STATE ADMINISTRATION.

5 Section 121 (20 U.S.C. 2341) is amended—

6 (1) by redesignating subsection (a)(2) as sub7 section (b) and indenting appropriately;

8 (2) by redesignating subparagraphs (A) through

9 (D) of subsection (a)(1) as paragraphs (1) through

10 (4), respectively, and indenting appropriately;

11 (3) by redesignating clauses (i) and (ii) of para12 graph (4) (as redesignated by paragraph (2) of this

13 section) as subparagraphs (A) and (B), respectively,

14 and indenting appropriately;

15 (4) by striking the following:

16 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—

17 ‘‘(1) IN GENERAL.—The responsibilities’’ and

18 inserting the following:

19 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re20 sponsibilities’’;

21 (5) in subsection (a)(1) (as redesignated by

22 paragraph (2) of this section), by striking ‘‘training

23 and employment’’ and inserting ‘‘fields’’;

24 (6) in subsection (a)(2) (as redesignated by

25 paragraph (2) of this section)—
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1 (A) by inserting ‘‘teacher and faculty prep2 aration programs,’’ after ‘‘teachers,’’; and

3 (B) by inserting ‘‘all types and sizes of’’

4 after ‘‘representatives of’’; and

5 (7) in subsection (b) (as redesignated by para6 graph (1) of this section), by striking ‘‘paragraph

7 (1)’’ and inserting ‘‘subsection (a)’’.

8 SEC. 111. STATE PLAN.

9 Section 122 (20 U.S.C. 2342) is amended—

10 (1) by striking ‘‘vocational’’ each place the term

11 appears and inserting ‘‘career’’;

12 (2) in subsection (a)—

13 (A) in paragraph (1)—

14 (i) by striking ‘‘5’’ and inserting ‘‘6’’;

15 and

16 (ii) by adding at the end the fol17 lowing: ‘‘Each eligible agency may submit

18 a transition plan during the first full year

19 of implementation of this Act after the

20 date of enactment of the Carl D. Perkins

21 Career and Technical Education Improve22 ment Act of 2005. The transition plan

23 shall fulfill the eligible agency’s State plan

24 submission obligation under this section.’’;

25 and
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1 (B) in paragraph (2)(B), by striking ‘‘5

2 year State plan’’ and inserting ‘‘6-year period’’;

3 (3) by striking subsection (b)(1) and inserting

4 the following:

5 ‘‘(1) IN GENERAL.—The eligible agency shall

6 develop the State plan in consultation with academic

7 and career and technical education teachers, faculty,

8 principals, and administrators, career guidance and

9 academic counselors, eligible recipients, parents, stu10 dents, the State tech-prep coordinator and rep11 resentatives of tech-prep consortia (if applicable),

12 the lead State agency officials with responsibility for

13 the programs and activities that are described in

14 section 121(b) of the Workforce Investment Act of

15 1998 (29 U.S.C. 2841(b)) and carried out by one16 stop partners, the State workforce investment board,

17 interested community members (including parent

18 and community organizations), representatives of

19 special populations, representatives of business and

20 industry (including representatives of small business

21 and economic development entities), and representa22 tives of labor organizations in the State, and shall

23 consult the Governor of the State with respect to

24 such development.’’;
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1 (4) by striking subsection (c) and inserting the

2 following:

3 ‘‘(c) PLAN CONTENTS.—The State plan shall include

4 information that—

5 ‘‘(1) describes the career and technical edu6 cation activities to be assisted that are designed to

7 meet or exceed the State adjusted levels of perform8 ance, including a description of—

9 ‘‘(A) how the eligible agency will support

10 eligible recipients in developing or implementing

11 career pathways for career and technical edu12 cation content areas that are designed to meet

13 relevant workforce needs, including how the eli14 gible agency will—

15 ‘‘(i) support eligible recipients in de16 veloping articulation agreements between

17 secondary and postsecondary institutions;

18 ‘‘(ii) support eligible recipients in

19 using labor market information to identify

20 career pathways that prepare individuals

21 for high skill, high wage, or high demand

22 occupations;

23 ‘‘(iii) make available information

24 about career pathways offered by eligible

25 recipients; and
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1 ‘‘(iv) consult with business and indus2 try and use industry-recognized standards

3 and assessments, if appropriate;

4 ‘‘(B) the secondary and postsecondary ca5 reer and technical education programs to be

6 carried out, including programs that will be car7 ried out by the eligible agency to develop, im8 prove, and expand access to quality technology

9 in career and technical education programs;

10 ‘‘(C) the criteria that will be used by the

11 eligible agency to approve eligible recipients for

12 funds under this title, including criteria to as13 sess the extent to which the local plan will—

14 ‘‘(i) promote higher levels of academic

15 achievement;

16 ‘‘(ii) promote higher levels of technical

17 skill attainment; and

18 ‘‘(iii) identify and address workforce

19 needs;

20 ‘‘(D) how programs at the secondary level

21 will prepare career and technical education stu22 dents, including special populations to graduate

23 from high school with a diploma;

24 ‘‘(E) how such programs will prepare ca25 reer and technical education students, including
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1 special populations, both academically and tech2 nically, for opportunities in postsecondary edu3 cation or entry into high skill, high wage, or

4 high demand occupations in emerging or estab5 lished occupations, and how participating stu6 dents will be made aware of such opportunities;

7 and

8 ‘‘(F) how funds will be used to improve or

9 develop new career and technical education

10 courses in high skill, high wage, or high de11 mand occupations that are aligned with busi12 ness needs and industry standards, as

13 appropriate—

14 ‘‘(i) at the secondary level that are

15 aligned with challenging academic content

16 standards and student academic achieve17 ment standards adopted by the State

18 under section 1111(b)(1) of the Elemen19 tary and Secondary Education Act of

20 1965; and

21 ‘‘(ii) at the postsecondary level that

22 are relevant and challenging;

23 ‘‘(2) describes how career and technical edu24 cation teachers, faculty, principals, administrators,

25 and career guidance and academic counselors will be
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1 provided comprehensive initial preparation and pro2 fessional development, including through programs

3 and activities that—

4 ‘‘(A) promote the integration of chal5 lenging academic curricula and career and tech6 nical education curricula, including opportuni7 ties for teachers to jointly develop and imple8 ment curriculum and pedagogical strategies

9 with appropriate academic teachers;

10 ‘‘(B) increase the academic and career and

11 technical education knowledge of career and

12 technical education teachers and faculty;

13 ‘‘(C) are high-quality, sustained, intensive,

14 focused on instruction, directly related to indus15 try standards, and includes structured induc16 tion and mentoring components for new per17 sonnel, with an emphasis on identifying and ad18 dressing the needs of local businesses, including

19 small businesses;

20 ‘‘(D) ensure an increasing number of ca21 reer and technical education teachers and fac22 ulty meet teacher certification and licensing re23 quirements reflecting the needs of their subject

24 area or areas;
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1 ‘‘(E) equip career and technical education

2 teachers, faculty, principals, administrators,

3 and career guidance and academic counselors

4 with the knowledge and skills needed to work

5 with and improve instruction for special popu6 lations;

7 ‘‘(F) assist in accessing and utilizing data,

8 including labor market indicators, student

9 achievement, and assessments;

10 ‘‘(G) enhance the leadership capacity of

11 principals and administrators;

12 ‘‘(H) are integrated with professional de13 velopment activities that the State carries out

14 under title II of the Elementary and Secondary

15 Education Act of 1965 and title II of the High16 er Education Act of 1965; and

17 ‘‘(I) include strategies to expose all career

18 and technical education students to comprehen19 sive information regarding career options that

20 lead to high skill, high wage, or high demand

21 occupations and nontraditional fields;

22 ‘‘(3) describes efforts to improve—

23 ‘‘(A) the recruitment and retention of ca24 reer and technical education teachers, faculty,

25 counselors, principals, and administrators, in-
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1 cluding individuals in groups underrepresented

2 in the teaching profession; and

3 ‘‘(B) the transition to teaching from busi4 ness and industry, including small business;

5 ‘‘(4) describes efforts to improve the capacity of

6 programs and faculty at postsecondary institutions

7 to effectively prepare career and technical education

8 personnel, including, as appropriate, through elec9 tronically delivered distance education, and articula10 tion agreements between 2-year technical programs

11 and postsecondary education programs;

12 ‘‘(5) describes efforts to facilitate the transition

13 of sub-baccalaureate career and technical education

14 students into baccalaureate degree programs,

15 including—

16 ‘‘(A) statewide articulation agreements be17 tween sub-baccalaureate career and technical

18 education programs and baccalaureate degree

19 programs;

20 ‘‘(B) postsecondary dual and concurrent

21 enrollment programs;

22 ‘‘(C) academic and financial aid coun23 seling; and

24 ‘‘(D) other initiatives to encourage the

25 pursuit of a baccalaureate degree and to over-
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1 come barriers to participation in baccalaureate

2 degree programs, including geographic and

3 other barriers affecting rural students and spe4 cial populations;

5 ‘‘(6) describes how the eligible agency will ac6 tively involve parents, academic and career and tech7 nical education teachers, faculty, principals, and ad8 ministrators, career guidance and academic coun9 selors, local businesses (including small- and me10 dium-sized businesses and business intermediaries),

11 State workforce investment boards, local workforce

12 investment boards, economic development entities,

13 and labor organizations in the planning, develop14 ment, implementation, and evaluation of such career

15 and technical education programs;

16 ‘‘(7) describes how funds received by the eligible

17 agency through the allotment made under section

18 111 will be allocated—

19 ‘‘(A) among secondary school career and

20 technical education, or postsecondary and adult

21 career and technical education, or both, includ22 ing the rationale for such allocation; and

23 ‘‘(B) among any consortia that will be

24 formed among secondary schools and eligible in25 stitutions, and how funds will be allocated
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1 among the members of the consortia, including

2 the rationale for such allocation;

3 ‘‘(8) describes how the eligible agency will—

4 ‘‘(A) use funds to improve or develop new

5 career and technical education courses in high

6 skill, high wage, or high demand occupations—

7 ‘‘(i) at the secondary level that are

8 aligned with challenging academic content

9 standards and student academic achieve10 ment standards adopted by the State

11 under section 1111(b)(1) of the Elemen12 tary and Secondary Education Act of

13 1965; and

14 ‘‘(ii) at the postsecondary level that

15 are challenging and aligned with business

16 needs and industry standards, as appro17 priate;

18 ‘‘(B) improve the academic and technical

19 skills of students participating in career and

20 technical education programs, including

21 strengthening the academic, and career and

22 technical, components of career and technical

23 education programs through the integration of

24 academics with career and technical education

25 to ensure learning in the core academic subjects
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1 and career and technical education subjects,

2 and provide students with strong experience in,

3 and understanding of, all aspects of an indus4 try;

5 ‘‘(C) ensure that students who participate

6 in such career and technical education pro7 grams are taught to the same challenging aca8 demic proficiencies as are taught to all other

9 students; and

10 ‘‘(D) encourage secondary school students

11 who participate in such career and technical

12 education programs to enroll in challenging

13 courses in core academic subjects;

14 ‘‘(9) describes how the eligible agency will an15 nually evaluate the effectiveness of such career and

16 technical education programs, and describes, to the

17 extent practicable, how the eligible agency is coordi18 nating such programs to promote relevant lifelong

19 learning and ensure nonduplication with other exist20 ing Federal programs;

21 ‘‘(10) describes the eligible agency’s program

22 strategies for special populations, including a de23 scription of how individuals who are members of the

24 special populations—
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1 ‘‘(A) will be provided with equal access to

2 activities assisted under this title;

3 ‘‘(B) will not be discriminated against on

4 the basis of their status as members of the spe5 cial populations; and

6 ‘‘(C) will be provided with programs de7 signed to enable the special populations to meet

8 or exceed State adjusted levels of performance,

9 and prepare special populations for further

10 learning and for high skill, high wage, or high

11 demand occupations;

12 ‘‘(11) how the eligible agency will collaborate in

13 developing the State plan with—

14 ‘‘(A) the entity within the State with re15 sponsibility for elementary and secondary edu16 cation;

17 ‘‘(B) the entity within the State with re18 sponsibility for public institutions engaged in

19 postsecondary education;

20 ‘‘(C) State institutions such as State cor21 rectional institutions and institutions that serve

22 individuals with disabilities; and

23 ‘‘(D) all other relevant State agencies with

24 responsibility for career and technical education
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1 and training investment, and economic and

2 workforce development;

3 ‘‘(12) describes what steps the eligible agency

4 will take to involve representatives of eligible recipi5 ents in the development of the State adjusted levels

6 of performance;

7 ‘‘(13) provides assurances that the eligible

8 agency will comply with the requirements of this

9 title and the provisions of the State plan, including

10 the provision of a financial audit of funds received

11 under this title which may be included as part of an

12 audit of other Federal or State programs;

13 ‘‘(14) provides assurances that none of the

14 funds expended under this title will be used to ac15 quire equipment (including computer software) in

16 any instance in which such acquisition results in a

17 direct financial benefit to any organization rep18 resenting the interests of the purchasing entity, the

19 employees of the purchasing entity, or any affiliate

20 of such an organization;

21 ‘‘(15) describes how the eligible agency will

22 measure and report data relating to students partici23 pating in and completing career and technical edu24 cation within specific career clusters in order to ade-
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1 quately measure the progress of the students, includ2 ing special populations, at—

3 ‘‘(A) the secondary level, disaggregated by

4 the categories described in section

5 1111(h)(1)(C)(i) of the Elementary and Sec6 ondary Education Act of 1965, except that such

7 disaggregation shall not be required in a case in

8 which the number of individuals in a category

9 is insufficient to yield statistically reliable infor10 mation or the results would reveal personally

11 identifiable information about an individual;

12 and

13 ‘‘(B) the postsecondary level, disaggregated

14 by special populations, except that such

15 disaggregation shall not be required in a case in

16 which the number of individuals in a category

17 is insufficient to yield statistically reliable infor18 mation or the results would reveal personally

19 identifiable information about an individual;

20 ‘‘(16) describes how the eligible agency will ade21 quately address the needs of students in alternative

22 education programs, if appropriate;

23 ‘‘(17) describes how the eligible agency will pro24 vide local educational agencies, area career and tech-
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1 nical education schools, and eligible institutions in

2 the State with technical assistance;

3 ‘‘(18) describes how career and technical edu4 cation relates to State and regional occupational op5 portunities;

6 ‘‘(19) describes the methods proposed for the

7 joint planning and coordination of programs carried

8 out under this title with other Federal education and

9 workforce investment programs;

10 ‘‘(20) describes how funds will be used to pro11 mote preparation for high skill, high wage, or high

12 demand occupations and nontraditional fields in

13 emerging and established professions;

14 ‘‘(21) describes how funds will be used to serve

15 individuals in State correctional institutions;

16 ‘‘(22) describes how the eligible agency will en17 sure that the data reported to the eligible agency

18 from local educational agencies and eligible institu19 tions under this title and the data the eligible agency

20 reports to the Secretary are complete, accurate, and

21 reliable; and

22 ‘‘(23) contains the description and information

23 specified in sections 112(b)(8) and 121(c) of the

24 Workforce Investment Act of 1998 (29 U.S.C.

25 2822(b)(8) and 2841(c)) concerning the provision of
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1 services only for postsecondary students and school

2 dropouts.’’;

3 (5) by striking subsection (d) and inserting the

4 following:

5 ‘‘(d) PLAN OPTIONS.—

6 ‘‘(1) SINGLE PLAN.—The eligible agency may

7 fulfill the plan or application submission require8 ments of this section, section 118(b), and section

9 141(c) by submitting a single State plan. In such

10 plan, the eligible agency may allow eligible recipients

11 to fulfill the plan or application submission require12 ments of section 134 and subsections (a) and (b) of

13 section 143 by submitting a single local plan.

14 ‘‘(2) PLAN SUBMITTED AS PART OF 501

15 PLAN.—The eligible agency may submit the plan re16 quired under this section as part of the plan sub17 mitted under section 501 of the Workforce Invest18 ment Act of 1998 (20 U.S.C. 9271), if the plan sub19 mitted pursuant to the requirement of this section

20 meets the requirements of this Act.’’; and

21 (6) by striking subsection (f).

22 SEC. 112. IMPROVEMENT PLANS.

23 Section 123 (20 U.S.C. 2343) is amended to read as

24 follows:
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1 ‘‘SEC. 123. IMPROVEMENT PLANS.

2 ‘‘(a) STATE PROGRAM IMPROVEMENT PLAN.—

3 ‘‘(1) PLAN.—If a State fails to meet the State

4 adjusted levels of performance described in the re5 port submitted under section 113(c), the eligible

6 agency shall develop and implement a program im7 provement plan in consultation with the appropriate

8 agencies, individuals, and organizations for the first

9 program year succeeding the program year in which

10 the eligible agency failed to meet the State adjusted

11 levels of performance, in order to avoid a sanction

12 under paragraph (3).

13 ‘‘(2) TECHNICAL ASSISTANCE.—If the Sec14 retary determines that an eligible agency is not

15 properly implementing the eligible agency’s respon16 sibilities under section 122, or is not making sub17 stantial progress in meeting the purpose of this Act,

18 based on the State’s adjusted levels of performance,

19 the Secretary shall work with the eligible agency to

20 implement improvement activities consistent with the

21 requirements of this Act.

22 ‘‘(3) FAILURE.—

23 ‘‘(A) IN GENERAL.—If an eligible agency

24 fails to meet the State adjusted levels of per25 formance, has not implemented an improvement

26 plan as described in paragraph (1), has shown
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1 no improvement within 1 year after imple2 menting an improvement plan as described in

3 paragraph (1), or has failed to meet more than

4 1 of the State adjusted levels of performance

5 for the same performance indicator for 2 or

6 more consecutive years, the Secretary may,

7 after notice and opportunity for a hearing,

8 withhold from the eligible agency all, or a por9 tion of, the eligible agency’s allotment under

10 this title.

11 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR12 CUMSTANCES.—The Secretary may waive the

13 sanction in subparagraph (A) due to exceptional

14 or uncontrollable circumstances such as a nat15 ural disaster or a precipitous and unforeseen

16 decline in financial resources of the State.

17 ‘‘(4) FUNDS RESULTING FROM REDUCED AL18 LOTMENTS.—

19 ‘‘(A) IN GENERAL.—The Secretary shall

20 use funds withheld under paragraph (3) for a

21 State served by an eligible agency, to provide

22 (through alternative arrangements) services and

23 activities within the State to meet the purposes

24 of this Act.
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1 ‘‘(B) REDISTRIBUTION.—If the Secretary

2 cannot satisfactorily use funds withheld under

3 paragraph (3), then the amount of funds re4 tained by the Secretary as a result of a reduc5 tion in an allotment made under paragraph (3)

6 shall be redistributed to other eligible agencies

7 in accordance with section 111.

8 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.—

9 ‘‘(1) LOCAL EVALUATION.—Each eligible agen10 cy shall evaluate annually, using the local adjusted

11 levels of performance described in section 113(b)(4),

12 the career and technical education activities of each

13 eligible recipient receiving funds under this title.

14 ‘‘(2) PLAN.—

15 ‘‘(A) IN GENERAL.—If, after reviewing the

16 evaluation, the eligible agency determines that

17 an eligible recipient is not making substantial

18 progress in achieving the local adjusted levels of

19 performance, the eligible agency shall—

20 ‘‘(i) conduct an assessment of the

21 educational needs that the eligible recipient

22 shall address to overcome local perform23 ance deficiencies, including the perform24 ance of special populations;
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1 ‘‘(ii) enter into an improvement plan

2 with an eligible recipient based on the re3 sults of the assessment, for the first pro4 gram year succeeding the program year in

5 which the eligible recipient failed to meet

6 the local adjusted levels of performance,

7 which plan shall demonstrate how the local

8 performance deficiencies will be corrected

9 and include instructional and other pro10 grammatic innovations of demonstrated ef11 fectiveness, and, where necessary, strate12 gies for appropriate staffing and profes13 sional development; and

14 ‘‘(iii) conduct regular evaluations of

15 the progress being made toward reaching

16 the local adjusted levels of performance, as

17 described in section 113(b)(4), and

18 progress on implementing the improvement

19 plan.

20 ‘‘(B) CONSULTATION.—The eligible agency

21 shall conduct the activities described in sub22 paragraph (A) in consultation with teachers,

23 principals, administrators, faculty, parents,

24 other school staff, appropriate agencies, and

25 other appropriate individuals and organizations.
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1 ‘‘(3) TECHNICAL ASSISTANCE.—If the eligible

2 agency determines that an eligible recipient is not

3 properly implementing the eligible recipient’s respon4 sibilities under section 134, or is not making sub5 stantial progress in meeting the purpose of this Act,

6 based on the local adjusted levels of performance,

7 the eligible agency shall provide technical assistance

8 to the eligible recipient to assist the eligible recipient

9 in carrying out the improvement activities consistent

10 with the requirements of this Act. An eligible recipi11 ent, in collaboration with the eligible agency, may re12 quest that the Secretary provide additional technical

13 assistance.

14 ‘‘(4) FAILURE.—

15 ‘‘(A) IN GENERAL.—If an eligible recipient

16 fails to meet the local adjusted levels of per17 formance as described in section 113(b)(4) and

18 has not implemented an improvement plan as

19 described in paragraph (2), has shown no im20 provement within 1 year after implementing an

21 improvement plan as described in paragraph

22 (2), or has failed to meet more than 1 of the

23 local adjusted levels of performance for the

24 same performance indicator for 2 or more con25 secutive years, the eligible agency may, after
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1 notice and opportunity for a hearing, withhold

2 from the eligible recipient all, or a portion of,

3 the eligible recipient’s allotment under this title.

4 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR5 CUMSTANCES.—The eligible agency may waive

6 the sanction under this paragraph due to excep7 tional or uncontrollable circumstances such as

8 organizational structure, or a natural disaster

9 or a precipitous and unforeseen decline in fi10 nancial resources of the eligible recipient.

11 ‘‘(5) FUNDS RESULTING FROM REDUCED AL12 LOTMENTS.—The eligible agency shall use funds

13 withheld under paragraph (4) to provide (through

14 alternative arrangements) services and activities to

15 students within the area served by such recipient to

16 meet the purpose of this Act.’’.

17 SEC. 113. STATE LEADERSHIP ACTIVITIES.

18 Section 124 (20 U.S.C. 2344) is amended—

19 (1) by striking ‘‘vocational’’ each place the term

20 appears and inserting ‘‘career’’;

21 (2) in subsection (a), by striking ‘‘112(a)(2)’’

22 and inserting ‘‘112(a)(2)(A)’’;

23 (3) in subsection (b)—

24 (A) in paragraph (1), by striking ‘‘further

25 learning’’ and all that follows through the semi-
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1 colon and inserting ‘‘further education, further

2 training, or for high skill, high wage, or high

3 demand occupations;’’;

4 (B) in paragraph (2), by striking subpara5 graphs (A) through (C) and inserting the fol6 lowing:

7 ‘‘(A) training of career and technical edu8 cation teachers, faculty, principals, career guid9 ance and academic counselors, and administra10 tors to use technology, including distance learn11 ing;

12 ‘‘(B) encouraging schools to work with

13 technology industries to offer voluntary intern14 ships and mentoring programs; or

15 ‘‘(C) encouraging lifelong learning, includ16 ing through partnerships that may involve insti17 tutions of higher education, organizations pro18 viding career and technical education, busi19 nesses, workforce investment entities, and com20 munications entities;’’;

21 (C) by striking paragraph (3) and insert22 ing the following:

23 ‘‘(3) professional development programs, includ24 ing providing comprehensive professional develop25 ment (including initial teacher preparation) for ca-
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1 reer and technical education teachers, faculty, prin2 cipals, administrators, and career guidance and aca3 demic counselors at the secondary and postsecondary

4 levels, that support activities described in section

5 122 and—

6 ‘‘(A) provide in-service and pre-service

7 training in career and technical education pro8 grams and techniques, effective teaching skills

9 based on promising practices and, where avail10 able and appropriate, scientifically based re11 search, and effective practices to improve pa12 rental and community involvement;

13 ‘‘(B) improve student achievement in order

14 to meet the State adjusted levels of perform15 ance established under section 113;

16 ‘‘(C) support education programs for

17 teachers and faculty of career and technical

18 education in public schools and other public

19 school personnel who are involved in the direct

20 delivery of educational services to career and

21 technical education students to ensure that

22 such personnel—

23 ‘‘(i) stay current with the needs, ex24 pectations, and methods of industry;
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1 ‘‘(ii) can effectively develop chal2 lenging, integrated academic and career

3 and technical education curriculum jointly

4 with academic teachers, to the extent prac5 ticable; and

6 ‘‘(iii) develop a higher level of aca7 demic and industry knowledge and skills in

8 career and technical education; and

9 ‘‘(D) are integrated with the teacher cer10 tification or licensing and professional develop11 ment activities that the State carries out under

12 title II of the Elementary and Secondary Edu13 cation Act of 1965 and title II of the Higher

14 Education Act of 1965;’’;

15 (D) in paragraph (4), by striking ‘‘support

16 for’’ and inserting ‘‘supporting’’;

17 (E) in paragraph (5), by striking ‘‘non18 traditional training and employment’’ and in19 serting ‘‘nontraditional fields in emerging and

20 established professions, and other activities that

21 expose students, including special populations,

22 to high skill, high wage occupations’’;

23 (F) in paragraph (6)—

24 (i) by inserting ‘‘intermediaries,’’ after

25 ‘‘labor organizations,’’; and
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1 (ii) by inserting ‘‘, or complete career

2 pathways, as described in section

3 122(c)(1)(A)’’ after ‘‘skills’’;

4 (G) in paragraph (7), by striking ‘‘and’’

5 after the semicolon;

6 (H) in paragraph (8), by striking ‘‘wage

7 careers.’’ and inserting ‘‘wage, or high demand

8 occupations; and’’; and

9 (I) by adding at the end the following:

10 ‘‘(9) technical assistance for eligible recipi11 ents.’’;

12 (4) by striking subsection (c) and inserting the

13 following:

14 ‘‘(c) PERMISSIBLE USES OF FUNDS.—The leadership

15 activities described in subsection (a) may include—

16 ‘‘(1) improvement of career guidance and aca17 demic counseling programs that assist students in

18 making informed academic, and career and technical

19 education, decisions, including encouraging sec20 ondary and postsecondary students to graduate with

21 a diploma or degree, and expose students to high

22 skill, high wage occupations and nontraditional fields

23 in emerging and established professions;

24 ‘‘(2) establishment of agreements, including ar25 ticulation agreements, between secondary and post-
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1 secondary career and technical education programs

2 in order to provide postsecondary education and

3 training opportunities for students participating in

4 such career and technical education programs, such

5 as tech-prep programs;

6 ‘‘(3) support for initiatives to facilitate the

7 transition of sub-baccalaureate career and technical

8 education students into baccalaureate degree pro9 grams, including—

10 ‘‘(A) statewide articulation agreements be11 tween sub-baccalaureate degree granting career

12 and technical postsecondary educational institu13 tions and baccalaureate degree granting post14 secondary educational institutions;

15 ‘‘(B) postsecondary dual and concurrent

16 enrollment programs;

17 ‘‘(C) academic and financial aid coun18 seling; and

19 ‘‘(D) other initiatives—

20 ‘‘(i) to encourage the pursuit of a bac21 calaureate degree; and

22 ‘‘(ii) to overcome barriers to participa23 tion in baccalaureate degree programs, in24 cluding geographic and other barriers af-
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1 fecting rural students and special popu2 lations;

3 ‘‘(4) support for career and technical student

4 organizations, especially with respect to efforts to in5 crease the participation of students who are mem6 bers of special populations;

7 ‘‘(5) support for public charter schools oper8 ating secondary career and technical education pro9 grams;

10 ‘‘(6) support for career and technical education

11 programs that offer experience in, and under12 standing of, all aspects of an industry for which stu13 dents are preparing to enter;

14 ‘‘(7) support for family and consumer sciences

15 programs;

16 ‘‘(8) support for partnerships between edu17 cation and business or business intermediaries, in18 cluding cooperative education and adjunct faculty

19 arrangements at the secondary and postsecondary

20 levels;

21 ‘‘(9) support to improve or develop new career

22 and technical education courses and initiatives, in23 cluding career clusters, career academies, and dis24 tance learning, that prepare individuals academically
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1 and technically for high skill, high wage, or high de2 mand occupations;

3 ‘‘(10) awarding incentive grants to eligible re4 cipients for exemplary performance in carrying out

5 programs under this Act, which awards shall be

6 based on local performance indicators, as described

7 in section 113, in accordance with previously pub8 licly disclosed priorities;

9 ‘‘(11) providing career and technical education

10 programs for adults and school dropouts to complete

11 their secondary school education, in coordination, to

12 the extent practicable, with activities authorized

13 under title II of the Workforce Investment Act of

14 1998 (20 U.S.C. 9201 et seq.);

15 ‘‘(12) providing assistance to individuals, who

16 have participated in services and activities under

17 this title, in finding an appropriate job and con18 tinuing their education or training through collabo19 ration with the workforce investment system estab20 lished under the Workforce Investment Act of 1998

21 (29 U.S.C. 2801 et seq.);

22 ‘‘(13) developing valid and reliable assessments

23 of technical skills that are integrated with industry

24 certification assessments where available;
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1 ‘‘(14) developing and enhancing data systems to

2 collect and analyze data on secondary and postsec3 ondary academic and employment outcomes;

4 ‘‘(15) improving—

5 ‘‘(A) the recruitment and retention of ca6 reer and technical education teachers, faculty,

7 principals, administrators, and career guidance

8 and academic counselors, including individuals

9 in groups underrepresented in the teaching pro10 fession; and

11 ‘‘(B) the transition to teaching from busi12 ness and industry, including small business; and

13 ‘‘(16) adopting, calculating, or commissioning a

14 self-sufficiency standard.’’; and

15 (5) in subsection (d), by striking ‘‘112(a)(2)’’

16 and inserting ‘‘112(a)(2)(A)’’.

17 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY

18 SCHOOL PROGRAMS.

19 Section 131 (20 U.S.C. 2351) is amended—

20 (1) by striking ‘‘vocational’’ each place the term

21 appears and inserting ‘‘career’’;

22 (2) by striking subsection (a);

23 (3) by redesignating subsections (b) through (i)

24 as subsections (a) through (h), respectively;
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1 (4) in subsection (a) (as redesignated by para2 graph (3) of this section)—

3 (A) in the subsection heading, by striking

4 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC5 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS6 TRIBUTION RULES’’; and

7 (B) by striking ‘‘for fiscal year 2000 and

8 succeeding fiscal years’’;

9 (5) in subsection (b) (as redesignated by para10 graph (3) of this section)—

11 (A) by striking ‘‘subsection (b)’’ and in12 serting ‘‘subsection (a)’’; and

13 (B) in paragraph (1), by striking

14 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’;

15 (6) in subsection (e) (as redesignated by para16 graph (3) of this section), in the subsection heading,

17 by striking ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’;

18 and

19 (7) in subsection (g) (as redesignated by para20 graph (3) of this section), by striking ‘‘subsections

21 (a), (b), (c), and (d)’’ and inserting ‘‘subsections (a),

22 (b), and (c)’’.
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1 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY

2 CAREER AND TECHNICAL EDUCATION PRO3 GRAMS.

4 Section 132 (20 U.S.C. 2352) is amended—

5 (1) by striking the section heading and insert6 ing the following:

7 ‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY

8 CAREER AND TECHNICAL EDUCATION PRO9 GRAMS.’’;

10 and

11 (2) in subsection (a)—

12 (A) in paragraph (1), by inserting ‘‘for ca13 reer and technical education programs leading

14 to a technical skill proficiency, an industry-rec15 ognized credential, a certificate, or an associ16 ate’s degree’’ before the period; and

17 (B) in paragraph (2), by inserting ‘‘leading

18 to a technical skill proficiency, an industry-rec19 ognized credential, a certificate, or an associ20 ate’s degree and’’ after ‘‘enrolled in programs’’.

21 SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL

22 EDUCATION.

23 Section 133 (20 U.S.C. 2353) is amended—

24 (1) by striking the section heading and insert25 ing the following:
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1 ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL

2 EDUCATION.’’;

3 and

4 (2) by striking ‘‘vocational’’ each place such

5 term appears and inserting ‘‘career’’.

6 SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDU7 CATION PROGRAMS.

8 Section 134 (20 U.S.C. 2354) is amended—

9 (1) by striking the section heading and insert10 ing the following:

11 ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDU12 CATION PROGRAMS.’’;

13 (2) in subsection (a), by inserting ‘‘and work14 force investment’’ after ‘‘such other educational’’;

15 and

16 (3) in subsection (b), by striking paragraphs

17 (1) through (10) and inserting the following:

18 ‘‘(1) describe how the career and technical edu19 cation programs required under section 135(b) will

20 be carried out with funds received under this title;

21 ‘‘(2) describe how the career and technical edu22 cation activities will be carried out with respect to

23 meeting State and local adjusted levels of perform24 ance established under section 113;

25 ‘‘(3) describe how the eligible recipient will—
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1 ‘‘(A) offer the appropriate courses of not

2 less than 1 of the career pathways described in

3 section 122(c)(1)(A);

4 ‘‘(B) improve the academic and technical

5 skills of students participating in career and

6 technical education programs by strengthening

7 the academic and career and technical edu8 cation components of such programs through

9 the integration of challenging academics with

10 career and technical education programs

11 through a coherent sequence of courses to en12 sure learning in the core academic subjects, and

13 career and technical education subjects;

14 ‘‘(C) provide students with strong experi15 ence in and understanding of all aspects of an

16 industry; and

17 ‘‘(D) ensure that students who participate

18 in such career and technical education pro19 grams are taught to the same challenging aca20 demic proficiencies as are taught for all other

21 students;

22 ‘‘(4) describe how comprehensive professional

23 development will be provided that is consistent with

24 section 122;
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1 ‘‘(5) describe how parents, students, academic

2 and career and technical education teachers, faculty,

3 principals, administrators, career guidance and aca4 demic counselors, representatives of tech-prep con5 sortia (if applicable), representatives of the local

6 workforce investment board (if applicable), rep7 resentatives of the local economic development entity

8 (if applicable), representatives of business (including

9 small business) and industry, labor organizations,

10 representatives of special populations, and other in11 terested individuals are involved in the development,

12 implementation, and evaluation of career and tech13 nical education programs assisted under this title,

14 and how such individuals and entities are effectively

15 informed about, and assisted in, understanding, the

16 requirements of this title, including career pathways;

17 ‘‘(6) provide assurances that the eligible recipi18 ent will provide a career and technical education

19 program that is of such size, scope, and quality to

20 bring about improvement in the quality of career

21 and technical education programs;

22 ‘‘(7) describe the process that will be used to

23 evaluate and continuously improve the performance

24 of the eligible recipient;

25 ‘‘(8) describe how the eligible recipient—
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1 ‘‘(A) will review career and technical edu2 cation programs, and identify and adopt strate3 gies to overcome barriers that result in lowering

4 rates of access to or lowering success in the

5 programs, for special populations; and

6 ‘‘(B) will provide programs that are de7 signed to enable the special populations to meet

8 the local adjusted levels of performance and

9 prepare for high skill, high wage, or high de10 mand occupations, including those that will lead

11 to self-sufficiency;

12 ‘‘(9) describe how individuals who are members

13 of special populations will not be discriminated

14 against on the basis of their status as members of

15 the special populations;

16 ‘‘(10) describe how funds will be used to pro17 mote preparation for nontraditional fields;

18 ‘‘(11) describe how career guidance and aca19 demic counseling will be provided to all career and

20 technical education students, including linkages to

21 the information and services available through the

22 one-stop delivery system established under section

23 121 of the Workforce Investment Act of 1998 (29

24 U.S.C. 2841), as appropriate; and
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1 ‘‘(12) describe efforts to improve the recruit2 ment and retention of career and technical education

3 teachers, faculty, counselors, principals, and admin4 istrators, including individuals in groups underrep5 resented in the teaching profession, and the transi6 tion to teaching from business and industry.’’.

7 SEC. 118. LOCAL USES OF FUNDS.

8 Section 135 (20 U.S.C. 2355) is amended—

9 (1) in subsection (a), by striking ‘‘vocational’’

10 and inserting ‘‘career’’;

11 (2) in subsection (b)—

12 (A) in the matter preceding paragraph (1),

13 by striking ‘‘vocational’’ and inserting ‘‘career’’;

14 and

15 (B) by striking paragraphs (1) through (8)

16 and inserting the following:

17 ‘‘(1) strengthen the academic and career and

18 technical education skills of students participating in

19 career and technical education programs by

20 strengthening the academic and career and technical

21 education components of such programs through the

22 integration of academics with career and technical

23 education programs through a coherent sequence of

24 courses, such as career pathways described in sec25 tion 122(c)(1)(A), to ensure learning in the core
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1 academic subjects and career and technical edu2 cation subjects;

3 ‘‘(2) link secondary career and technical edu4 cation and postsecondary career and technical edu5 cation, including by—

6 ‘‘(A) offering the relevant elements of not

7 less than 1 career pathway described in section

8 122(c)(1)(A);

9 ‘‘(B) developing and supporting articula10 tion agreements between secondary and postsec11 ondary institutions; or

12 ‘‘(C) supporting tech-prep programs and

13 consortia;

14 ‘‘(3) provide students with strong experience in

15 and understanding of all aspects of an industry;

16 ‘‘(4) develop, improve, or expand the use of

17 technology in career and technical education, which

18 may include—

19 ‘‘(A) training of career and technical edu20 cation teachers, faculty, principals, and admin21 istrators to use technology, including distance

22 learning; or

23 ‘‘(B) encouraging schools to collaborate

24 with technology industries to offer voluntary in25 ternships and mentoring programs;
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1 ‘‘(5) provide professional development programs

2 that are consistent with section 122 to secondary

3 and postsecondary teachers, faculty, principals, ad4 ministrators, and career guidance and academic

5 counselors who are involved in integrated career and

6 technical education programs, including—

7 ‘‘(A) in-service and pre-service training—

8 ‘‘(i) in career and technical education

9 programs and techniques;

10 ‘‘(ii) in effective integration of chal11 lenging academic and career and technical

12 education jointly with academic teachers,

13 to the extent practicable;

14 ‘‘(iii) in effective teaching skills based

15 on research that includes promising prac16 tices; and

17 ‘‘(iv) in effective practices to improve

18 parental and community involvement;

19 ‘‘(B) support of education programs that

20 provide information on all aspects of an indus21 try;

22 ‘‘(C) internship programs that provide rel23 evant business experience; and

24 ‘‘(D) programs dedicated to the effective

25 use of instructional technology;
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1 ‘‘(6) develop and implement evaluations of the

2 career and technical education programs carried out

3 with funds under this title, including an assessment

4 of how the needs of special populations are being

5 met;

6 ‘‘(7) initiate, improve, expand, and modernize

7 quality career and technical education programs, in8 cluding relevant technology;

9 ‘‘(8) provide services and activities that are of

10 sufficient size, scope, and quality to be effective; and

11 ‘‘(9) provide activities to prepare special popu12 lations, including single parents and displaced home13 makers (if enrolled in the program), for high skill,

14 high wage, or high demand occupations, including

15 those that will lead to self-sufficiency.’’; and

16 (3) in subsection (c)—

17 (A) in paragraph (1), by striking ‘‘voca18 tional’’ and inserting ‘‘career’’; and

19 (B) by striking paragraphs (2) through

20 (15) and inserting the following:

21 ‘‘(2) to provide career guidance and academic

22 counseling that is based on current labor market in23 dicators, as provided pursuant to section 118, for

24 students participating in career and technical edu25 cation programs that—
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1 ‘‘(A) improves graduation rates and pro2 vides information on postsecondary and career

3 options, including baccalaureate degree pro4 grams, for secondary students, which activities

5 may include the use of graduation and career

6 plans; and

7 ‘‘(B) provides assistance for postsecondary

8 students, including for adult students who are

9 changing careers or updating skills;

10 ‘‘(3) for partnerships between or among the eli11 gible recipient and a business (including a small

12 business or business intermediary), a local workforce

13 investment board, or a local economic development

14 entity, including for—

15 ‘‘(A) work-related experience for students,

16 such as internships, cooperative education,

17 school-based enterprises, entrepreneurship, and

18 job shadowing that are related to career and

19 technical education programs;

20 ‘‘(B) adjunct faculty arrangements at the

21 secondary and postsecondary levels; and

22 ‘‘(C) industry experience for teachers and

23 faculty;

24 ‘‘(4) to provide programs for special popu25 lations;
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1 ‘‘(5) to assist career and technical student orga2 nizations;

3 ‘‘(6) for mentoring and support services;

4 ‘‘(7) for leasing, purchasing, upgrading, or

5 adapting instructional equipment, including support

6 for library resources, such as business journals, pub7 lications, and other related resources designed to

8 strengthen and support academic and technical skill

9 achievement;

10 ‘‘(8) for teacher preparation programs that ad11 dress the integration of academic and career and

12 technical education and that assist individuals who

13 are interested in becoming career and technical edu14 cation teachers and faculty, including individuals

15 with experience in business and industry;

16 ‘‘(9) to develop and expand postsecondary pro17 gram offerings at times and in formats that are con18 venient and accessible for working students, includ19 ing through the use of distance education;

20 ‘‘(10) to develop initiatives that facilitate the

21 transition of sub-baccalaureate career and technical

22 education students into baccalaureate degree pro23 grams, including—

24 ‘‘(A) articulation agreements between sub25 baccalaureate degree granting career and tech-
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1 nical education postsecondary educational insti2 tutions and baccalaureate degree granting post3 secondary educational institutions;

4 ‘‘(B) postsecondary dual and concurrent

5 enrollment programs;

6 ‘‘(C) academic and financial aid counseling

7 for sub-baccalaureate career and technical edu8 cation students that inform the students of the

9 opportunities for pursuing a baccalaureate de10 gree and advise the students on how to meet

11 any transfer requirements; and

12 ‘‘(D) other initiatives—

13 ‘‘(i) to encourage the pursuit of a bac14 calaureate degree; and

15 ‘‘(ii) to overcome barriers to enroll16 ment in and completion of baccalaureate

17 degree programs, including geographic and

18 other barriers affecting rural students and

19 special populations;

20 ‘‘(11) for improving or developing new career

21 and technical education courses, including entrepre22 neurship and development of new career pathways;

23 ‘‘(12) to develop and support small, personal24 ized career-themed learning communities;
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1 ‘‘(13) to provide support for family and con2 sumer sciences programs;

3 ‘‘(14) to provide career and technical education

4 programs for adults and school dropouts to complete

5 their secondary school education or upgrade their

6 technical skills;

7 ‘‘(15) to provide assistance to individuals who

8 have participated in services and activities under

9 this title in finding an appropriate job and con10 tinuing their education or training through collabo11 ration with the workforce investment system estab12 lished under the Workforce Investment Act of 1998

13 (29 U.S.C. 2801 et seq.);

14 ‘‘(16) to support activities in nontraditional

15 fields, such as mentoring and outreach; and

16 ‘‘(17) to support other career and technical

17 education activities that are consistent with the pur18 pose of this Act.’’.

19 SEC. 119. TECH-PREP EDUCATION.

20 (a) REDESIGNATION.—Title II (20 U.S.C. 2371 et

21 seq.) is amended—

22 (1) by striking the title heading and inserting

23 the following:
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1 ‘‘PART D—TECH-PREP EDUCATION’’;

2 (2) by striking sections 201, 202, 206, and 207;

3 and

4 (3) by redesignating sections 203, 204, 205,

5 and 208, as sections 141, 142, 143, and 144, re6 spectively.

7 (b) STATE ALLOTMENT AND APPLICATION.—Section

8 141 (as redesignated by subsection (a) of this section) is

9 amended—

10 (1) in subsection (a), by striking ‘‘section 206’’

11 and inserting ‘‘section 144’’; and

12 (2) by striking subsection (c) and inserting the

13 following:

14 ‘‘(c) STATE APPLICATION.—Each eligible agency de15 siring assistance under this part shall submit an applica16 tion to the Secretary at such time, in such manner, and

17 accompanied by such information as the Secretary may

18 require. Such application shall describe how activities

19 under this part will be coordinated, to the extent prac20 ticable, with activities described in section 122.’’.

21 (c) TECH-PREP EDUCATION.—Section 142 (as redes22 ignated by subsection (a) of this section) is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (1)—

25 (i) by striking ‘‘section 203’’ and in26 serting ‘‘section 141’’;
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1 (ii) by striking ‘‘title’’ and inserting

2 ‘‘part’’;

3 (iii) by striking ‘‘vocational’’ both

4 places the term appears and inserting ‘‘ca5 reer’’; and

6 (iv) in subparagraph (A), by inserting

7 ‘‘, educational service agency,’’ after ‘‘in8 termediate educational agency’’; and

9 (B) in paragraph (2)—

10 (i) in subparagraph (A), by striking

11 ‘‘and’’;

12 (ii) in subparagraph (B), by striking

13 the period at the end and inserting a semi14 colon; and

15 (iii) by adding at the end the fol16 lowing:

17 ‘‘(C) employers, including small businesses,

18 or business intermediaries; and

19 ‘‘(D) labor organizations.’’;

20 (2) in subsection (c)—

21 (A) by striking paragraph (2) and insert22 ing the following:

23 ‘‘(2) consist of not less than 2 years of sec24 ondary school with a common core of technical skills

25 and core academic subjects preceding graduation
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1 and 2 years or more of higher education, or an ap2 prenticeship program of not less than 2 years fol3 lowing secondary instruction, designed to lead to

4 technical skill proficiency, a credential, a certificate,

5 or a degree, in a specific career field;’’;

6 (B) in paragraph (3)(B), by inserting ‘‘in7 cluding through the use of articulation agree8 ments, and’’ after ‘‘career fields,’’;

9 (C) by striking paragraph (4) and insert10 ing the following:

11 ‘‘(4) include in-service professional development

12 for teachers, faculty, principals, and administrators

13 that—

14 ‘‘(A) supports effective implementation of

15 tech-prep programs;

16 ‘‘(B) supports joint training in the tech17 prep consortium;

18 ‘‘(C) supports the needs, expectations, and

19 methods of business and all aspects of an in20 dustry;

21 ‘‘(D) supports the use of contextual and

22 applied curricula, instruction, and assessment;

23 ‘‘(E) supports the use and application of

24 technology; and
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1 ‘‘(F) assists in accessing and utilizing

2 data, including labor market indicators, achieve3 ment, and assessments;’’;

4 (D) in paragraph (5)—

5 (i) by striking ‘‘training’’ and insert6 ing ‘‘professional development’’;

7 (ii) in subparagraph (B), by inserting

8 ‘‘, which may include through the use of

9 graduation and career plans’’ after ‘‘pro10 grams’’;

11 (iii) in subparagraph (D), by striking

12 ‘‘and’’;

13 (iv) in subparagraph (E), by inserting

14 ‘‘and’’ after the semicolon; and

15 (v) by adding at the end the following:

16 ‘‘(F) provide comprehensive career guid17 ance and academic counseling to participating

18 students, including special populations;’’;

19 (E) in paragraph (6)—

20 (i) by inserting ‘‘(including pre-ap21 prenticeship programs)’’ after ‘‘programs’’;

22 and

23 (ii) by striking ‘‘and’’ after the semi24 colon;
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1 (F) in paragraph (7), by striking the pe2 riod at the end and inserting ‘‘; and’’; and

3 (G) by adding at the end the following:

4 ‘‘(8) coordinate with activities conducted under

5 this title.’’; and

6 (3) in subsection (d)—

7 (A) in paragraph (2), by striking ‘‘and’’

8 after the semicolon;

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting a semicolon; and

11 (C) by adding at the end the following:

12 ‘‘(4) improve career guidance and academic

13 counseling for participating students through the de14 velopment and implementation of graduation and ca15 reer plans; and

16 ‘‘(5) develop curriculum that supports effective

17 transitions between secondary and postsecondary ca18 reer and technical education programs.’’.

19 (d) CONSORTIUM APPLICATIONS.—Section 143 (as

20 redesignated by subsection (a) of this section) is

21 amended—

22 (1) in subsection (a), by striking ‘‘title’’ and in23 serting ‘‘part’’;

24 (2) in subsection (b)—

25 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and
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1 (B) by striking ‘‘title’’ and inserting

2 ‘‘part’’;

3 (3) in subsection (d)—

4 (A) in paragraph (1), by inserting ‘‘or ad5 vanced’’ after ‘‘baccalaureate’’;

6 (B) by striking paragraph (4) and insert7 ing the following:

8 ‘‘(4) provide education and training in areas or

9 skills, including emerging technology, in which there

10 are significant workforce shortages based on the

11 data provided by the entity in the State under sec12 tion 118;’’;

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and

15 (D) by adding at the end the following:

16 ‘‘(6) demonstrate success in, or provide assur17 ances of, coordination and integration with eligible

18 recipients described in part C.’’; and

19 (4) in subsection (e), by striking ‘‘title’’ and in20 serting ‘‘part’’.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

22 144 (as redesignated by subsection (a) of this section) is

23 amended—

24 (1) by striking ‘‘title (other than section 207)’’

25 and inserting ‘‘part’’; and
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1 (2) by striking ‘‘1999 and each of the 4’’ and

2 inserting ‘‘2006 and each of the 5’’.

3 TITLE II—GENERAL PROVISIONS

4 SEC. 201. REDESIGNATION OF TITLE.

5 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title

6 III (20 U.S.C. 2391 et seq.) is amended by redesignating

7 sections 311 through 318 as sections 211 through 218,

8 respectively.

9 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III

10 (20 U.S.C. 2391 et seq.) is amended by redesignating sec11 tions 321 through 325 as sections 221 through 225, re12 spectively.

13 (c) TITLE HEADING.—The title heading of title III

14 (20 U.S.C. 2391 et seq.) is amended to read as follows:

15 ‘‘TITLE II—GENERAL

16 PROVISIONS’’.

17 SEC. 202. FISCAL REQUIREMENTS.

18 Section 211 (as redesignated by section 201 of this

19 Act) is amended—

20 (1) by striking ‘‘vocational’’ each place the term

21 appears and inserting ‘‘career’’; and

22 (2) in subsection (b)—

23 (A) by striking paragraph (1) and insert24 ing the following:

25 ‘‘(1) DETERMINATION.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraphs (B) and (C), no payments shall

3 be made under this Act for any fiscal year to

4 a State for activities authorized under title I

5 unless the Secretary determines that the aver6 age fiscal effort per student or the aggregate

7 expenditures of such State for career and tech8 nical education programs for the 3 fiscal years

9 preceding the fiscal year for which the deter10 mination is made, equaled or exceeded such ef11 fort or expenditures for career and technical

12 education programs, for the 3 fiscal years pre13 ceding the fiscal year for which the determina14 tion is made.

15 ‘‘(B) COMPUTATION.—In computing the

16 average fiscal effort or aggregate expenditures

17 pursuant to subparagraph (A), the Secretary

18 shall exclude capital expenditures, special one19 time project costs, and the cost of pilot pro20 grams.

21 ‘‘(C) DECREASE IN FEDERAL SUPPORT.—

22 If the amount made available for career and

23 technical education programs under this Act for

24 a fiscal year is less than the amount made

25 available for career and technical education pro-
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1 grams under this Act for the preceding fiscal

2 year, then the average fiscal effort per student

3 or the aggregate expenditures of a State re4 quired by subparagraph (A) for the 3 preceding

5 fiscal years shall be decreased by the same per6 centage as the percentage decrease in the

7 amount so made available.’’; and

8 (B) in paragraph (2), by striking ‘‘fiscal

9 effort’’ both places the term appears and insert10 ing ‘‘average fiscal effort’’.

11 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION.

12 Section 214 (as redesignated by section 201 of this

13 Act) is amended by striking ‘‘vocational’’ both places the

14 term appears and inserting ‘‘career’’.

15 SEC. 204. LIMITATION FOR CERTAIN STUDENTS.

16 Section 215 (as redesignated by section 201 of this

17 Act) is amended by striking ‘‘vocational’’ and inserting

18 ‘‘career’’.

19 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION

20 OF PRIVATE SCHOOL PERSONNEL.

21 Part A of title II (as redesignated by section 201 of

22 this Act) is amended—

23 (1) by striking section 217;

24 (2) by redesignating section 218 as section 217;

25 and
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1 (3) in section 217 (as redesignated by para2 graph (2) of this section)—

3 (A) by inserting ‘‘principals,’’ after ‘‘for

4 vocational and technical education teachers,’’;

5 (B) by inserting ‘‘principals,’’ after ‘‘of vo6 cational and technical education teachers,’’; and

7 (C) by striking ‘‘vocational’’ each place the

8 term appears and inserting ‘‘career’’.

9 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL

10 PROGRAMS.

11 Section 225(c) (as redesignated by section 201 of this

12 Act) is amended—

13 (1) in the subsection heading, by striking ‘‘VO14 CATIONAL’’ and inserting ‘‘CAREER’’; and

15 (2) by striking ‘‘vocational’’ both places the

16 term appears and inserting ‘‘career’’.

17 SEC. 207. TABLE OF CONTENTS.

18 Section 1(b) (20 U.S.C. 2301 note) is amended to

19 read as follows:

20 ‘‘(b) TABLE OF CONTENTS.—The table of contents

21 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. Authorization of appropriations.
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‘‘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 program.

‘‘Sec. 117. Tribally controlled postsecondary career and technical institutions.

‘‘Sec. 118. Occupational and employment information.

‘‘PART B—STATE PROVISIONS

‘‘Sec. 121. State administration.

‘‘Sec. 122. State plan.

‘‘Sec. 123. Improvement plans.

‘‘Sec. 124. State leadership activities.

‘‘PART C—LOCAL PROVISIONS

‘‘Sec. 131. Distribution of funds to secondary school programs.

‘‘Sec. 132. Distribution of funds for postsecondary career and technical

education programs.

‘‘Sec. 133. Special rules for career and technical education.

‘‘Sec. 134. Local plan for career and technical education programs.

‘‘Sec. 135. Local uses of funds.

‘‘PART D—TECH-PREP EDUCATION

‘‘Sec. 141. State allotment and application.

‘‘Sec. 142. Tech-prep education.

‘‘Sec. 143. Consortium applications.

‘‘Sec. 144. Authorization of appropriations.

‘‘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.

‘‘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.
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S 250 ES

‘‘Sec. 224. Limitation on Federal regulations.

‘‘Sec. 225. Student assistance and other Federal programs.’’.

Passed the Senate March 10, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 250

AN ACT

To amend the Carl D. Perkins Vocational and

Act.Technical Education Act of 1998 to improve the