109TH CONGRESS 

2D SESSION S. 250

AMENDMENTS

In the House of Representatives, U. S.,

July 12, 2006.

Resolved, That the bill from the Senate (S. 250) entitled 

‘‘An Act to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to improve the Act’’, do pass 

with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Vocational and Tech3 nical Education for the Future Act’’. 

4 SEC. 2. REFERENCES. 

5 Wherever in this Act an amendment is expressed in 

6 terms of an amendment to or repeal of a section or other 

7 provision, the amendment or repeal shall be considered to 

8 be made to a section or other provision of the Carl D. Per9 kins Vocational and Technical Education Act of 1998 (20 

10 U.S.C. 2301 et seq.). 

11 SEC. 3. PURPOSES AND DEFINITIONS. 

12 (a) PURPOSES.—Section 2(2) (20 U.S.C. 2301(2)) is 

13 amended by inserting ‘‘rigorous and challenging’’ after ‘‘in14 tegrate’’. 
2

•S 250 EAH 

1 (b) DEFINITIONS.—Section 3 (20 U.S.C. 2302) is 

2 amended—

3 (1) by striking paragraph (26) and redesig4 nating paragraphs (21) through (25) as paragraphs 

5 (23) through (27), and paragraphs (27) through (30) 

6 as paragraphs (29) through (32), respectively; 

7 (2) by redesignating paragraphs (4) through (20) 

8 as paragraphs (5) through (21), respectively, and in9 serting after paragraph (3) the following: 

10 ‘‘(4) ARTICULATION AGREEMENT.—The term ‘ar11 ticulation agreement’ means a written commitment, 

12 agreed upon at the State level or approved annually 

13 and facilitated by the lead administrators of the sec14 ondary and postsecondary consortia members as de15 scribed in section 135(b)(3)(A), to provide a program 

16 designed to provide students with a nonduplicative se17 quence of progressive achievements leading to degrees, 

18 certificates, or credentials in a tech-prep education 

19 program linked through credit transfer agreements.’’; 

20 (3) in paragraph (5) (as so redesignated), by in21 serting ‘‘to students (and parents, as appropriate)’’ 

22 after ‘‘providing access’’; 

23 (4) in paragraph (6) (as so redesignated), by 

24 striking ‘‘section 5206’’ and inserting ‘‘section 5210’’; 

25 (5) in paragraph (7) (as so redesignated)—
3

•S 250 EAH 

1 (A) by striking ‘‘method of instruction’’ and 

2 inserting ‘‘method’’; and 

3 (B) by inserting ‘‘rigorous and challenging’’ 

4 after ‘‘required’’; 

5 (6) in paragraph (11)(A) (as so redesignated), 

6 by striking ‘‘an’’ and inserting ‘‘a public or nonprofit 

7 private’’; 

8 (7) in paragraph (18) (as so redesignated)—

9 (A) in the paragraph heading, by striking 

10 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

11 ‘‘FIELDS’’; 

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

13 and inserting ‘‘fields’’; and 

14 (C) by inserting ‘‘current and’’ after ‘‘tech15 nology, and other’’; 

16 (8) in paragraph (19) (as so redesignated), by 

17 striking ‘‘the Republic of the Marshall Islands, the 

18 Federated States of Micronesia,’’; 

19 (9) by inserting after paragraph (21) (as so re20 designated) the following: 

21 ‘‘(22) SCIENTIFICALLY BASED RESEARCH.—The 

22 term ‘scientifically based research’ has the meaning 

23 given that term in section 9101(37) of the Elementary 

24 and Secondary Education Act of 1965 (20 U.S.C. 

25 7801(37)).’’; 
4

•S 250 EAH 

1 (10) in paragraph (25) (as so redesignated)—

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

3 ‘‘training and employment’’ and inserting 

4 ‘‘fields’’; 

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

6 ‘‘and’’; 

7 (C) in subparagraph (F)—

8 (i) by striking ‘‘individuals with other 

9 barriers to educational achievement, includ10 ing’’; and 

11 (ii) by striking the period and insert12 ing ‘‘; and’’; and 

13 (D) by inserting after subparagraph (F) the 

14 following: 

15 ‘‘(G) individuals with other barriers to edu16 cational achievement, as determined by the 

17 State.’’; 

18 (11) by inserting after paragraph (27) (as so re19 designated) the following: 

20 ‘‘(28) SUPPORTIVE SERVICES.—The term ‘sup21 portive services’ means services such as transpor22 tation, child care, dependent care, and needs-based 

23 payments, that are necessary to enable an individual 

24 to participate in activities authorized under this 

25 Act.’’; 
5

•S 250 EAH 

1 (12) in paragraph (29) (as so redesignated), by 

2 striking ‘‘section 2’’ and inserting ‘‘section 2(a)(4)’’; 

3 (13) in paragraph (30) (as so redesignated)—

4 (A) by inserting ‘‘of subsection (a)’’ after 

5 ‘‘paragraph (2)’’; and 

6 (B) by striking ‘‘paragraph (5)(A) of such 

7 section’’ and inserting ‘‘paragraph (5)(A) of such 

8 subsection’’; and 

9 (14) by amending paragraph (31)(A) (as so re10 designated) to read as follows: 

11 ‘‘(A) offer a sequence of courses that—

12 ‘‘(i) provides individuals with the rig13 orous and challenging academic and tech14 nical knowledge and skills the individuals 

15 need to prepare for further education and 

16 for careers (other than careers requiring a 

17 master’s or doctoral degree) in current or 

18 emerging employment sectors; 

19 ‘‘(ii) may include the provision of 

20 skills or courses necessary to enroll in a se21 quence of courses that meet the requirements 

22 of this subparagraph; and 

23 ‘‘(iii) provides, at the postsecondary 

24 level, for a 1-year certificate, an associate 
6

•S 250 EAH 

1 degree, or industry-recognized credential; 

2 and’’. 

3 SEC. 4. TRANSITION PROVISIONS. 

4 Section 4 (20 U.S.C. 2303) is amended—

5 (1) by striking ‘‘the Carl D. Perkins Vocational 

6 and Applied Technology Education Act’’ and insert7 ing ‘‘the ‘Carl D. Perkins Vocational and Technical 

8 Education Act of 1998’ ’’; and 

9 (2) by striking ‘‘the Carl D. Perkins Vocational 

10 and Applied Technology Education Amendments of 

11 1998’’ and inserting ‘‘the Vocational and Technical 

12 Education for the Future Act. Each eligible agency 

13 shall be assured 1 full fiscal year for transition, to 

14 plan for and implement the requirements of this Act’’. 

15 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 8 (20 U.S.C. 2307) is amended to read as fol17 lows: 

18 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There is authorized to be appropriated to carry out 

20 this Act (other than subsection (a), (b), and (c) of section 

21 114, and sections 117 and 118) $1,307,000,000 for fiscal 

22 year 2006 and such sums as may be necessary for each of 

23 fiscal years 2007 through 2011.’’. 
7

•S 250 EAH 

1 SEC. 6. PROHIBITIONS. 

2 (a) IN GENERAL.—The Carl D. Perkins Vocational 

3 and Technical Education Act of 1998 (20 U.S.C. 2301 et 

4 seq.) is amended by adding after section 8 the following new 

5 section: 

6 ‘‘SEC. 9. PROHIBITIONS. 

7 ‘‘(a) LOCAL CONTROL.—Nothing in this Act shall be 

8 construed to authorize an officer or employee of the Federal 

9 government to mandate, direct, or control a State, local edu10 cational agency, or school’s curriculum, program of instruc11 tion, or allocation of State or local resources, or mandate 

12 a State or any subdivision thereof to spend any funds or 

13 incur any costs not paid for under this Act. 

14 ‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any 

15 State that declines to submit an application to the Sec16 retary for assistance under this Act shall not be precluded 

17 from applying for assistance under any other program ad18 ministered by the Secretary. 

19 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL

20 OR CERTIFICATION OF STANDARDS.—Notwithstanding any 

21 other provision of Federal law, no State shall be required 

22 to have academic and vocational and technical content or 

23 student academic and vocational and technical achievement 

24 standards approved or certified by the Federal government, 

25 in order to receive assistance under this Act. 
8

•S 250 EAH 

1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to affect the requirements under sec3 tion 113.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

5 contents in section 1(b) is amended by inserting after the 

6 item relating to section 8 the following:

‘‘Sec. 9. Prohibitions.’’.

7 SEC. 7. ALLOTMENT AND ALLOCATION TO STATES. 

8 (a) ALLOTMENT FOR NATIONAL ACTIVITIES FOR

9 2006.—Section 111(a)(1) (20 U.S.C. 2321(a)(1)) is amend10 ed to read as follows: 

11 ‘‘(1) RESERVATIONS.—From the sum appro12 priated under section 8 for each fiscal year, the Sec13 retary shall reserve—

14 ‘‘(A) 0.12 percent to carry out section 115; 

15 ‘‘(B) 1.50 percent to carry out section 116, 

16 of which—

17 ‘‘(i) 1.25 percent of the sum shall be 

18 available to carry out section 116(b); and 

19 ‘‘(ii) 0.25 percent of the sum shall be 

20 available to carry out section 116(h); and 

21 ‘‘(C) 0.54 percent to carry out section 

22 114(d).’’. 

23 (b) MINIMUM ALLOTMENTS.—Section 111(a) (20 

24 U.S.C. 2321(a)) is further amended—
9

•S 250 EAH 

1 (1) in paragraph (3), by striking ‘‘(or in the 

2 case of fiscal year 1999’’ and all that follows through 

3 ‘‘Amendments of 1998)’’ each place it appears and in4 serting ‘‘(or in the case of fiscal year 2006 only, 

5 under this section and under title II of this Act, as 

6 such section and title were in effect on the day before 

7 the date of enactment of the Vocational and Technical 

8 Education for the Future Act)’’; and 

9 (2) by amending paragraph (4)(A) to read as 

10 follows: 

11 ‘‘(A) IN GENERAL.—No State shall receive 

12 an allotment under this section for a fiscal year 

13 that is less than the allotment the State received 

14 for fiscal year 2005 under this section and under 

15 title II of this Act (as such section and title were 

16 in effect on the day before the date of enactment 

17 of the Vocational and Technical Education for 

18 the Future Act).’’. 

19 (c) WITHIN STATE ALLOCATION.—Section 112 (20 

20 U.S.C. 2322) is amended—

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) ALLOCATION FORMULA.—From the amount allot24 ted to each State under section 111 for a fiscal year, the 
10

•S 250 EAH 

1 State board (hereinafter referred to as the ‘eligible agency’) 

2 shall allocate such amount as follows: 

3 ‘‘(1) Subject to paragraph (4), not less than 88 

4 percent shall be made available for distribution under 

5 section 131 or 132, of which the eligible agency shall 

6 first make available for the activities described in sec7 tion 135(b)(3) an amount equal to the amount allot8 ted in fiscal year 2005 to such eligible agency under 

9 title II of this Act (as such title was in effect on the 

10 day before the date of enactment of the Vocational 

11 and Technical Education for the Future Act), reduced 

12 by the percentage by which the amount allotted to the 

13 State under section 111 for the fiscal year is less than 

14 the amount allotted under such section to such State 

15 for fiscal year 2005. Of the remainder of the 88 per16 cent, not more than 10 percent may be used in ac17 cordance with subsection (c). 

18 ‘‘(2) Subject to paragraph (4), not more than 10 

19 percent shall be made available to carry out State 

20 leadership activities described in section 124, of 

21 which—

22 ‘‘(A) an amount equal to not more than 1 

23 percent of the amount allotted to the State under 

24 section 111 for the fiscal year shall be made 

25 available to serve individuals in State institu-
11

•S 250 EAH 

1 tions, such as State correctional institutions and 

2 institutions that serve individuals with disabil3 ities; and 

4 ‘‘(B) not less than $60,000 and not more 

5 than $150,000 shall be available for services that 

6 prepare individuals for nontraditional fields. 

7 ‘‘(3) An amount equal to not more than 2 per8 cent, or $250,000, whichever is greater, shall be made 

9 available for administration of the State plan, which 

10 may be used for the costs of—

11 ‘‘(A) developing the State plan; 

12 ‘‘(B) reviewing the local plan; 

13 ‘‘(C) monitoring and evaluating program 

14 effectiveness; 

15 ‘‘(D) assuring compliance with all applica16 ble Federal laws; and 

17 ‘‘(E) providing technical assistance. 

18 ‘‘(4) If the amount allocated for any fiscal year 

19 under paragraph (2) shall be less than the amount al20 located under such paragraph for fiscal year 2005, 

21 additional amounts may be made available from the 

22 amount allocated under paragraph (1) for the pur23 poses described in paragraph (2). If such additional 

24 amounts are made available under this paragraph, 

25 the percentage of the total amount allotted under sec-
12

•S 250 EAH 

1 tion 111 that is allocated for the purposes described 

2 in paragraph (2) shall not exceed the percentage of 

3 the total amount allotted under section 111 for fiscal 

4 year 2005 that was allocated under paragraph (2) for 

5 fiscal year 2005.’’; and 

6 (2) in subsection (c)—

7 (A) in paragraph (1)—

8 (i) in subparagraph (B), by striking 

9 the semicolon and inserting ‘‘; and’’; 

10 (ii) in subparagraph (C), by striking 

11 ‘‘; and’’ and inserting a period; and 

12 (iii) by striking subparagraph (D); 

13 and 

14 (B) in paragraph (2), by striking ‘‘through 

15 (D)’’ and inserting ‘‘through (C)’’. 

16 SEC. 8. ACCOUNTABILITY. 

17 (a) PURPOSE.—Section 113(a) (20 U.S.C. 2323(a)) is 

18 amended—

19 (1) by striking ‘‘establish a State’’ and inserting 

20 ‘‘support a State and local’’; and 

21 (2) by inserting ‘‘and its eligible recipients’’ 

22 after ‘‘effectiveness of the State’’. 

23 (b) STATE PERFORMANCE MEASURES.—Section 

24 113(b) (20 U.S.C. 2323(b)) is amended—

25 (1) in paragraph (2)—
13

•S 250 EAH 

1 (A) by redesignating subparagraphs (B) 

2 through (D) as subparagraphs (C) through (E), 

3 respectively; 

4 (B) in subparagraph (A)—

5 (i) in the subparagraph heading, by 

6 inserting ‘‘FOR SECONDARY STUDENTS’’ 

7 after ‘‘PERFORMANCE’’; 

8 (ii) by inserting ‘‘of secondary students 

9 that are, to the extent practicable, valid and 

10 reliable and’’ after ‘‘indicators of perform11 ance’’; 

12 (iii) in clause (i), by striking ‘‘State 

13 established academic,’’ and inserting ‘‘aca14 demic content and achievement standards, 

15 as established by the State under section 

16 1111(b)(1) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 

18 6311(b)(1)),’’; 

19 (iv) in clause (ii)—

20 (I) by striking ‘‘or its recognized 

21 equivalent,’’ and inserting ‘‘, General 

22 Education Development credential 

23 (GED), or other State-recognized 

24 equivalent (including recognized alter-
14

•S 250 EAH 

1 native standards for individuals with 

2 disabilities), or’’; and 

3 (II) by striking ‘‘, or a postsec4 ondary degree or credential’’; 

5 (v) by amending clause (iii) to read as 

6 follows: 

7 ‘‘(iii) Student graduation rates (as de8 scribed in section 1111(b)(2)(C)(vi) of the 

9 Elementary and Secondary Education Act 

10 of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).’’; 

11 (vi) by redesignating clause (iv) as 

12 clause (v) and inserting after clause (iii) 

13 the following: 

14 ‘‘(iv) Placement in postsecondary edu15 cation or advanced training, placement in 

16 military service, or placement in employ17 ment.’’; and 

18 (vii) in clause (v) (as so redesignated), 

19 by striking ‘‘training and employment’’ and 

20 inserting ‘‘fields’’; 

21 (C) by inserting after subparagraph (A) the 

22 following: 

23 ‘‘(B) CORE INDICATORS OF PERFORMANCE

24 FOR POSTSECONDARY STUDENTS.—Each eligible 

25 agency shall identify in the State plan core indi-
15

•S 250 EAH 

1 cators of performance of postsecondary students 

2 that are, to the extent practicable, valid and reli3 able, and that include, at a minimum, measures 

4 of each of the following: 

5 ‘‘(i) Student attainment of challenging 

6 academic and vocational and technical skill 

7 proficiencies. 

8 ‘‘(ii) Student retention in postsec9 ondary education, attainment of an asso10 ciate degree or postsecondary credential, or 

11 transfer to a baccalaureate degree program. 

12 ‘‘(iii) Placement in military service or 

13 placement or retention in employment. 

14 ‘‘(iv) Student participation in and 

15 completion of vocational and technical edu16 cation programs in nontraditional fields.’’; 

17 (D) in subparagraph (C) (as so redesig18 nated), by striking ‘‘under the title’’ and insert19 ing ‘‘under this title’’; and 

20 (E) in subparagraph (D) (as so redesig21 nated), by inserting ‘‘vocational and technical 

22 education’’ after ‘‘has developed State’’; and 

23 (2) in paragraph (3)—

24 (A) by amending the paragraph heading to 

25 read as follows: 
16

•S 250 EAH 

1 ‘‘(3) STATE LEVELS OF PERFORMANCE.—’’; and 

2 (B) in subparagraph (A)—

3 (i) in clause (i)—

4 (I) by striking ‘‘paragraph 

5 (2)(A)’’ and inserting ‘‘subparagraphs 

6 (A) and (B) of paragraph (2)’’; and 

7 (II) in subclause (II), by striking 

8 ‘‘to continually’’ and all that follows 

9 through ‘‘performance’’, and inserting 

10 ‘‘to make continuous and substantial 

11 improvement in the academic and vo12 cational and technical achievement’’; 

13 (ii) by amending clause (v) to read as 

14 follows: 

15 ‘‘(v) AGREEMENT ON STATE ADJUSTED

16 LEVELS OF PERFORMANCE FOR SUBSE17 QUENT YEARS.—

18 ‘‘(I) 3RD AND 4TH PROGRAM

19 YEARS.—Prior to the third program 

20 year covered by the State plan, the 

21 Secretary and each eligible agency 

22 shall reach agreement on the State ad23 justed levels of performance for each of 

24 the core indicators of performance for 

25 the third and fourth programs years 
17

•S 250 EAH 

1 covered by the State plan, taking into 

2 account the factors described in clause 

3 (vi). 

4 ‘‘(II) 5TH AND 6TH PROGRAM

5 YEARS.—Prior to the fifth program 

6 year covered by the State plan, the 

7 Secretary and each eligible agency 

8 shall reach agreement on the State ad9 justed levels of performance for each of 

10 the core indicators of performance for 

11 the fifth and sixth programs years cov12 ered by the State plan, taking into ac13 count the factors described in clause 

14 (vi). 

15 ‘‘(III) AGREEMENTS INCOR16 PORATED INTO STATE PLAN.—The 

17 State adjusted levels of performance 

18 agreed to under this clause shall be 

19 considered the State adjusted levels of 

20 performance for the State for such 

21 years and shall be incorporated into 

22 the State plan.’’; 

23 (iii) in clause (vi)(II), by inserting 

24 ‘‘and substantial’’ after ‘‘continuous’’; and 

25 (iv) in clause (vii)—
18

•S 250 EAH 

1 (I) by striking ‘‘clause (vi)(II)’’ 

2 and inserting ‘‘clause (vi)’’; and 

3 (II) by striking ‘‘under clause 

4 (iii) or (vi)’’ and inserting ‘‘under 

5 clause (iii) or (v)’’. 

6 (c) LOCAL LEVELS OF PERFORMANCE.—Section 

7 113(b) is further amended by adding at the end the fol8 lowing: 

9 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.—

10 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER11 FORMANCE FOR CORE INDICATORS OF PERFORM12 ANCE.—

13 ‘‘(i) IN GENERAL.—Each eligible re14 cipient shall establish in the local plan sub15 mitted under section 134, levels of perform16 ance for each of the core indicators of per17 formance described in paragraph (2)(A) 

18 and (B), as appropriate for the eligible re19 cipient, for vocational and technical edu20 cation activities authorized under this title. 

21 The levels of performance established under 

22 this subparagraph shall, at a minimum—

23 ‘‘(I) be expressed in a percentage 

24 or numerical form, so as to be objec25 tive, quantifiable, and measurable; and 
19

•S 250 EAH 

1 ‘‘(II) require the eligible recipient 

2 to make continuous and substantial 

3 improvement in the academic and vo4 cational and technical achievement of 

5 vocational and technical education stu6 dents. 

7 ‘‘(ii) IDENTIFICATION IN THE LOCAL

8 PLAN.—Each eligible recipient shall iden9 tify, in the local plan submitted under sec10 tion 134, levels of performance for each of 

11 the core indicators of performance for the 

12 first 2 program years covered by the local 

13 plan. 

14 ‘‘(iii) AGREEMENT ON LOCAL AD15 JUSTED LEVELS OF PERFORMANCE FOR

16 FIRST 2 YEARS.—The eligible agency and 

17 each eligible recipient shall reach agreement 

18 on the levels of performance for each of the 

19 core indicators of performance, for the first 

20 2 program years covered by the local plan, 

21 taking into account the levels identified in 

22 the local plan under clause (ii) and the fac23 tors described in clause (v). The levels of 

24 performance agreed to under this clause 

25 shall be considered to be the local adjusted 
20

•S 250 EAH 

1 level of performance for the eligible recipient 

2 for such years and shall be incorporated 

3 into the local plan prior to the approval of 

4 such plan. 

5 ‘‘(iv) AGREEMENT ON LOCAL AD6 JUSTED LEVELS OF PERFORMANCE FOR

7 SUBSEQUENT YEARS.—

8 ‘‘(I) 3RD AND 4TH PROGRAM

9 YEARS.—Prior to the third program 

10 year covered by the local plan, the eli11 gible agency and each eligible recipient 

12 shall reach agreement on the local ad13 justed levels of performance for each of 

14 the core indicators of performance for 

15 the third and fourth program years 

16 covered by the local plan, taking into 

17 account the factors described in clause 

18 (v). 

19 ‘‘(II) 5TH AND 6TH PROGRAM

20 YEARS.—Prior to the fifth program 

21 year covered by the local plan, the eli22 gible agency and each eligible recipient 

23 shall reach agreement on the local ad24 justed levels of performance for each of 

25 the core indicators of performance for 
21

•S 250 EAH 

1 the fifth and sixth program years cov2 ered by the local plan, taking into ac3 count the factors described in clause 

4 (v). 

5 ‘‘(III) AGREEMENTS INCOR6 PORATED INTO LOCAL PLAN.—The local 

7 adjusted levels of performance agreed to 

8 under this clause shall be considered to 

9 be the local adjusted levels of perform10 ance for the eligible recipient for such 

11 years and shall be incorporated into 

12 the local plan. 

13 ‘‘(v) FACTORS.—The agreement de14 scribed in clause (iii) or (iv) shall take into 

15 account—

16 ‘‘(I) how the levels of performance 

17 involved compare with the local ad18 justed levels of performance established 

19 for other eligible recipients taking into 

20 account factors including the charac21 teristics of participants when the par22 ticipants entered the program and the 

23 services or instruction to be provided; 

24 and 
22

•S 250 EAH 

1 ‘‘(II) the extent to which such lev2 els of performance promote continuous 

3 and substantial improvement on the 

4 indicators of performance by such eli5 gible recipient. 

6 ‘‘(vi) REVISIONS.—If unanticipated 

7 circumstances arise with respect to an eligi8 ble recipient resulting in a significant 

9 change in the factors described in clause (v), 

10 the eligible recipient may request that the 

11 local adjusted levels of performance agreed 

12 to under clause (iii) or (iv) be revised. The 

13 eligible agency shall issue objective criteria 

14 and methods for making such revisions. 

15 ‘‘(B) LEVELS OF PERFORMANCE FOR ADDI16 TIONAL INDICATORS.—Each eligible recipient 

17 may identify in the local plan, local levels of 

18 performance for any additional indicators of 

19 performance. Such levels shall be considered to be 

20 the local levels of performance for purposes of 

21 this title. 

22 ‘‘(C) LOCAL REPORT.—

23 ‘‘(i) CONTENT OF REPORT.—Each eli24 gible recipient that receives an allotment 

25 under section 111 shall annually prepare 
23

•S 250 EAH 

1 and submit to the eligible agency a report 

2 regarding—

3 ‘‘(I) the progress of such recipient 

4 in achieving the local adjusted levels of 

5 performance on the core indicators of 

6 performance; and 

7 ‘‘(II) in the case of an eligible re8 cipient that receives funds described in 

9 section 112(a) for activities described 

10 in section 135(b)(3), the progress in 

11 achieving the local adjusted levels of 

12 performance on the core indicators of 

13 performance with respect to tech-prep 

14 program participants. 

15 ‘‘(ii) DATA.—Each eligible recipient 

16 shall—

17 ‘‘(I) disaggregate data for each of 

18 the indicators of performance under 

19 section 113(b)(2) for the categories of 

20 students enumerated under section 

21 1111(b)(2)(C)(v)(II) of the Elementary 

22 and Secondary Education Act of 1965 

23 that are served under this Act; and 

24 ‘‘(II) identify and quantify any 

25 disparities or gaps in performance be-
24

•S 250 EAH 

1 tween any such category of students 

2 and the performance of all students 

3 served by the eligible recipient under 

4 the Act. 

5 ‘‘(iii) RULES FOR REPORTING OF

6 DATA.—The disaggregation of data under 

7 clause (ii) shall be required except in a case 

8 in which the number of students in a cat9 egory is insufficient to yield statistically re10 liable information or in which the results 

11 would reveal personally identifiable infor12 mation about an individual student. 

13 ‘‘(iv) AVAILABILITY.—The report de14 scribed in clause (i) shall be made available 

15 to the public through a variety of formats, 

16 including electronically through the Inter17 net.’’. 

18 (d) STATE REPORT.—Section 113(c) (20 U.S.C. 

19 2323(c)) is amended—

20 (1) by redesignating paragraphs (2) and (3) as 

21 paragraphs (4) and (5), respectively, and inserting 

22 after paragraph (1) the following: 

23 ‘‘(2) DATA.—Each eligible agency under this 

24 subsection shall—
25

•S 250 EAH 

1 ‘‘(A) disaggregate data for each of the indi2 cators of performance under section 113(b)(2) for 

3 the categories of students enumerated under sec4 tion 1111(b)(2)(C)(v)(II) of the Elementary and 

5 Secondary Education Act of 1965 that are served 

6 under this Act; and 

7 ‘‘(B) identify and quantify any disparities 

8 or gaps in performance between any such cat9 egory of students and the performance of all stu10 dents served by the eligible agency under the Act. 

11 ‘‘(3) RULES FOR REPORTING OF DATA.—The 

12 disaggregation of data under paragraph (2) shall be 

13 required except in a case in which the number of stu14 dents in a category is insufficient to yield statis15 tically reliable information or in which the results 

16 would reveal personally identifiable information 

17 about an individual student.’’; and 

18 (2) in paragraph (4) (as so redesignated)—

19 (A) by striking ‘‘special populations’’ and 

20 inserting ‘‘each of the populations described in 

21 section 3(25) and the populations described in 

22 section 1111(h)(1)(C)(i) of the Elementary and 

23 Secondary Education Act of 1965 (20 U.S.C. 

24 6311(h)(1)(C)(i))’’; and 
26

•S 250 EAH 

1 (B) by striking ‘‘have made’’ and inserting 

2 ‘‘has made’’. 

3 SEC. 9. NATIONAL ACTIVITIES. 

4 (a) PROGRAM PERFORMANCE INFORMATION.—Section 

5 114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by inserting 

6 ‘‘in the aggregate’’ after ‘‘international comparisons’’. 

7 (b) EVALUATION AND ASSESSMENT.—Section 114(c) 

8 (20 U.S.C. 2324(c)) is amended—

9 (1) by amending paragraph (2) to read as fol10 lows: 

11 ‘‘(2) INDEPENDENT ADVISORY PANEL.—The Sec12 retary shall appoint an independent advisory panel, 

13 consisting of academic and vocational and technical 

14 education educators, administrators, experts in eval15 uation, research, and assessment, representatives of 

16 labor organizations, businesses, parents, guidance and 

17 counseling professionals, and other individuals with 

18 relevant expertise, to advise the Secretary on the im19 plementation of the assessment described in para20 graph (3), including the issues to be addressed and 

21 the methodology of the studies involved to ensure the 

22 assessment adheres to the highest standards of quality. 

23 The advisory panel shall transmit to the Secretary 

24 and to Congress an independent analysis of the find25 ings and recommendations resulting from such assess-
27

•S 250 EAH 

1 ment. The Federal Advisory Committee Act (5 U.S.C. 

2 App.) shall not apply to the panel established under 

3 this subsection.’’; 

4 (2) in paragraph (3)—

5 (A) in subparagraph (A), by inserting ‘‘the 

6 implementation of the’’ after ‘‘and assessment 

7 of’’; 

8 (B) in subparagraph (B)—

9 (i) by inserting ‘‘but shall not be lim10 ited to’’ after ‘‘paragraph (1) shall include’’; 

11 (ii) by striking clauses (i), (ii), (iv), 

12 and (vii) and redesignating clauses (iii), 

13 (v), (vi), and (viii) as clauses (i) through 

14 (iv), respectively; 

15 (iii) in clause (i) (as so redesignated), 

16 by striking ‘‘, and academic, curricula in 

17 vocational and technical education pro18 grams,’’ and inserting ‘‘education (such as 

19 meeting State established teacher certifi20 cation or licensing requirements)’’; and 

21 (iv) in clause (ii) (as so redesig22 nated)—

23 (I) by striking ‘‘and employment 

24 outcomes’’ and all that follows through 

25 ‘‘including analyses of’’ and inserting 
28

•S 250 EAH 

1 ‘‘and vocational and technical edu2 cation achievement and employment 

3 outcomes of vocational and technical 

4 education students, including analyses 

5 of’’; 

6 (II) in subclause (I), by striking 

7 ‘‘and tech-prep students’’ and inserting 

8 ‘‘and students participating in the ac9 tivities described in section 135(b)(3)’’; 

10 (III) in subclause (II), by striking 

11 ‘‘academic, and vocational and tech12 nical, education’’ and inserting ‘‘rig13 orous and challenging academic and 

14 vocational and technical education, in15 cluding a review of the effect of inte16 grated rigorous and challenging aca17 demic and vocational and technical 

18 education on the achievement of stu19 dents’’; and 

20 (IV) in subclause (III), by insert21 ing ‘‘, particularly those in which 

22 math and science skills are critical,’’ 

23 after ‘‘high-skill careers’’; and 

24 (C) in subparagraph (C)—

25 (i) in clause (i)—
29

•S 250 EAH 

1 (I) by striking ‘‘the Committee on 

2 Education and the Workforce of the 

3 House of Representatives and the Com4 mittee on Labor and Human Resources 

5 of the Senate’’ and inserting ‘‘Con6 gress’’; and 

7 (II) by striking ‘‘2002’’ and in8 serting ‘‘2009’’ both places it appears; 

9 and 

10 (ii) in clause (ii), by striking ‘‘the 

11 Committee on Education and the Workforce 

12 of the House of Representatives, the Com13 mittee on Labor and Human Resources of 

14 the Senate,’’ and inserting ‘‘Congress’’; 

15 (3) in paragraph (5)(A)—

16 (A) by striking ‘‘to carry out research’’ each 

17 place it appears, and inserting ‘‘to carry out sci18 entifically based research’’; 

19 (B) in clause (i), by inserting ‘‘scientifically 

20 based’’ after ‘‘programs, including’’; 

21 (C) in clause (ii), by inserting ‘‘that are in22 tegrated with rigorous and challenging academic 

23 education’’ after ‘‘implementation of vocational 

24 and technical education programs’’; and 
30

•S 250 EAH 

1 (D) in clause (iii)(I), by inserting ‘‘and the 

2 integration of those systems with the academic 

3 education system’’ after ‘‘technical education sys4 tems’’; 

5 (4) in paragraph (6)—

6 (A) by striking: 

7 ‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—

8 ‘‘(A) DEMONSTRATION PROGRAM.—The’’, 

9 and inserting: 

10 ‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—

11 The’’; and 

12 (B) by striking subparagraph (B); and 

13 (5) in paragraph (8), by striking ‘‘this section’’ 

14 and all that follows and inserting ‘‘subsections (a), 

15 (b), and (c) of this section, such sums as may be nec16 essary for each of fiscal years 2006 through 2011.’’. 

17 (c) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—

18 Section 114 is further amended by adding at the end the 

19 following new subsection: 

20 ‘‘(d) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—

21 ‘‘(1) IN GENERAL.—From funds reserved under 

22 section 111(a)(1)(C), the Secretary may award grants 

23 to eligible agencies for exemplary performance in car24 rying out programs under this Act. Such awards 

25 shall be based on an eligible agency exceeding State 
31

•S 250 EAH 

1 adjusted levels of performance established under sec2 tion 113(b) and showing sustained or significant im3 provement. 

4 ‘‘(2) SPECIAL CONSIDERATION.—In awarding 

5 these grants, the Secretary may consider—

6 ‘‘(A) an eligible agency’s success in effec7 tively developing connections between secondary 

8 education and postsecondary education and 

9 training; 

10 ‘‘(B) an eligible agency’s integration of rig11 orous and challenging academic and technical 

12 coursework; and 

13 ‘‘(C) an eligible agency’s progress in having 

14 special populations participating in vocational 

15 and technical education meet State adjusted lev16 els of performance. 

17 ‘‘(3) USE OF FUNDS.—The funds awarded to an 

18 eligible agency under this subsection may be used to 

19 carry out any activities authorized under section 124, 

20 including demonstrations of innovative programs.’’. 

21 SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, 

22 AND TRIBALLY CONTROLLED INSTITUTIONS. 

23 (a) ASSISTANCE FOR THE OUTLYING AREAS.—Section 

24 115 (20 U.S.C. 2325) is amended to read as follows: 
32

•S 250 EAH 

1 ‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 

2 ‘‘(a) OUTLYING AREAS.—From funds reserved pursu3 ant to section 111(a)(1)(A), the Secretary shall—

4 ‘‘(1) make a grant in the amount of $660,000 to 

5 Guam; 

6 ‘‘(2) make a grant in the amount of $350,000 to 

7 each of American Samoa and the Commonwealth of 

8 the Northern Mariana Islands; and 

9 ‘‘(3) make a grant in the amount of $160,000 to 

10 the Republic of Palau. 

11 ‘‘(b) REMAINDER.—Subject to the provisions of sub12 section (a), the Secretary shall make a grant of the remain13 der of funds reserved pursuant to section 111(a)(1)(A), in 

14 equal proportion, to each of Guam, American Samoa, and 

15 the Commonwealth of the Northern Mariana Islands, for the 

16 purpose of providing direct vocational and technical edu17 cational services, including—

18 ‘‘(1) teacher and counselor training and retrain19 ing; 

20 ‘‘(2) curriculum development; and 

21 ‘‘(3) the improvement of vocational and technical 

22 education and training programs in secondary 

23 schools and institutions of higher education, or im24 proving cooperative education programs involving 

25 both secondary schools and institutions of higher edu26 cation. 
33

•S 250 EAH 

1 ‘‘(c) RESTRICTION.—The Republic of Palau shall cease 

2 to be eligible to receive funding under this section upon en3 tering into an agreement for extension of United States edu4 cational assistance under the Compact of Free Association 

5 after the date of enactment of the Vocational and Technical 

6 Education for the Future Act.’’. 

7 (b) NATIVE AMERICAN PROGRAM.—Section 116 (20 

8 U.S.C. 2326) is amended—

9 (1) in subsection (a), by inserting a period at the 

10 end of paragraph (5); and 

11 (2) in subsection (b)—

12 (A) in paragraph (1), by striking ‘‘sub13 section (d)’’ and inserting ‘‘subsection (c)’’; and 

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

15 than in subsection (i))’’. 

16 (c) TRIBALLY CONTROLLED INSTITUTIONS.—Section 

17 117 (20 U.S.C. 2327) is amended—

18 (1) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) USES OF GRANTS.—Amounts made available 

21 under this section shall be used for vocational and technical 

22 education programs for Indian students and for institu23 tional support costs of the grant, including the expenses de24 scribed in subsection (e).’’; 
34

•S 250 EAH 

1 (2) in subsection (c), by inserting after para2 graph (2) the following: 

3 ‘‘(3) INDIRECT COSTS.—Notwithstanding any 

4 other provision of law or regulation, the Secretary 

5 shall not require the use of a restricted indirect cost 

6 rate for grants issued under this section.’’; 

7 (3) by striking subsection (g) and redesignating 

8 subsections (h) and (i) as subsections (g) and (h), re9 spectively; and 

10 (4) in subsection (h) (as so redesignated)—

11 (A) by striking ‘‘$4,000,000 for fiscal year 

12 1999 and’’; and 

13 (B) by striking ‘‘the 4 succeeding fiscal 

14 years’’ and inserting ‘‘fiscal years 2006 through 

15 2011’’. 

16 (d) OCCUPATIONAL AND EMPLOYMENT INFORMA17 TION.—Section 118 (20 U.S.C. 2328) is amended—

18 (1) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) STATE LEVEL ACTIVITIES.—

21 ‘‘(1) DESIGNATED ENTITY.—In order for a State 

22 to receive a grant under this section, the eligible agen23 cy and the Governor of the State shall jointly des24 ignate an entity in the State responsible for con25 ducting the activities in this subsection. 
35

•S 250 EAH 

1 ‘‘(2) APPLICATION.—The jointly designated agen2 cy shall submit an application to the Secretary at the 

3 same time the State submits its state plan under sec4 tion 122. The application shall be in such a manner 

5 and be accompanied by such information as the Sec6 retary may reasonably require. At a minimum, the 

7 application shall describe how the jointly designated 

8 agency will assist the eligible agency in meeting its 

9 adjusted levels of performance under section 113(b). 

10 ‘‘(3) ACTIVITIES.—The jointly designated agency 

11 shall conduct activities—

12 ‘‘(A) to provide support for career guidance 

13 and academic counseling programs designed to 

14 promote improved career and education decision 

15 making by students (and parents, as appro16 priate) regarding education and training options 

17 and preparations for high skill, high wage occu18 pations; 

19 ‘‘(B) to make available to students, parents, 

20 teachers, administrators, and counselors, and 

21 improve accessibility to, information and plan22 ning resources that relate academic and voca23 tional and technical educational preparation to 

24 career goals and expectations; 
36

•S 250 EAH 

1 ‘‘(C) to equip teachers, administrators, and 

2 counselors with the knowledge, skills, and occu3 pational information needed to assist students 

4 and parents with educational and other postsec5 ondary opportunities and education financing; 

6 ‘‘(D) to assist appropriate State entities in 

7 tailoring resources and training for use by such 

8 entities; 

9 ‘‘(E) to improve coordination and commu10 nication among administrators and planners of 

11 programs authorized by this Act and by section 

12 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) 

13 at the Federal, State, and local levels to ensure 

14 nonduplication of efforts and the appropriate use 

15 of shared information and data; and 

16 ‘‘(F) to provide ongoing means for cus17 tomers, such as students and parents, to provide 

18 comments and feedback on products and services 

19 and to update resources, as appropriate, to better 

20 meet customer requirements.’’; 

21 (2) in subsection (e)(1), by striking ‘‘an identi22 fication’’ and inserting ‘‘a description’’; and 

23 (3) in subsection (f), by striking ‘‘1999 through 

24 2003’’ and inserting ‘‘2006 through 2011’’. 
37

•S 250 EAH 

1 SEC. 11. STATE ADMINISTRATION. 

2 Section 121 (20 U.S.C. 2341) is amended to read as 

3 follows: 

4 ‘‘SEC. 121. STATE ADMINISTRATION. 

5 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re6 sponsibilities of an eligible agency under this title shall in7 clude—

8 ‘‘(1) coordination of the development, submis9 sion, and implementation of the State plan, and the 

10 evaluation of the program, services, and activities as11 sisted under this title, including preparation for non12 traditional fields; 

13 ‘‘(2) consultation with the Governor and appro14 priate agencies, groups, and individuals including 

15 parents, students, teachers, representatives of busi16 nesses, labor organizations, eligible recipients, State 

17 and local officials, and local program administrators, 

18 involved in the planning, administration, evaluation, 

19 and coordination of programs funded under this title; 

20 ‘‘(3) convening and meeting as an eligible agen21 cy (consistent with State law and procedure for the 

22 conduct of such meetings) at such time as the eligible 

23 agency determines necessary to carry out the eligible 

24 agency’s responsibilities under this title, but not less 

25 than four times annually; and 
38

•S 250 EAH 

1 ‘‘(4) the adoption of such procedures as the eligi2 ble agency considers necessary to—

3 ‘‘(A) implement State level coordination 

4 with the activities undertaken by the State 

5 boards under section 111 of Public Law 105–

6 220; and 

7 ‘‘(B) make available to the service delivery 

8 system under section 121 of Public Law 105–220 

9 within the State a listing of all school dropout, 

10 postsecondary, and adult programs assisted 

11 under this title. 

12 ‘‘(b) EXCEPTION.—Except with respect to the respon13 sibilities set forth in subsection (a), the eligible agency may 

14 delegate any of the other responsibilities of the eligible agen15 cy that involve the administration, operation, supervision 

16 of activities assisted under this title, in whole or in part, 

17 to one or more appropriate State agencies.’’. 

18 SEC. 12. STATE PLAN. 

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

20 (1) in subsection (a)—

21 (A) in paragraph (1), by striking ‘‘5-year 

22 period’’ and inserting ‘‘6-year period’’; 

23 (B) in paragraph (2)(B), by striking ‘‘5 

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

25 and 
39

•S 250 EAH 

1 (C) in paragraph (3), by striking ‘‘(includ2 ing employers, labor organizations, and par3 ents)’’ and inserting ‘‘(including charter school 

4 authorizers and organizers, employers, labor or5 ganizations, parents, students, and community 

6 organizations)’’; 

7 (2) in subsection (b)(1), by striking ‘‘teachers, el8 igible recipients, parents, students, interested commu9 nity members’’ and inserting ‘‘academic and voca10 tional and technical education teachers, eligible re11 cipients, charter school authorizers and organizers, 

12 parents, students, interested community members (in13 cluding parent and community organizations), insti14 tutions of higher education’’; 

15 (3) in subsection (c)—

16 (A) in paragraph (1)—

17 (i) by redesignating subparagraphs (A) 

18 through (D) as subparagraphs (B) through 

19 (E), respectively, and inserting before such 

20 subparagraphs (as so redesignated) the fol21 lowing: 

22 ‘‘(A) the development of model sequences of 

23 courses for vocational and technical content 

24 areas that—
40

•S 250 EAH 

1 ‘‘(i) incorporate both secondary and 

2 postsecondary education elements; 

3 ‘‘(ii) include rigorous and challenging 

4 academic content and vocational and tech5 nical content in a coordinated, nonduplica6 tive progression of courses that align sec7 ondary education with postsecondary edu8 cation to adequately prepare students to 

9 succeed in postsecondary education; 

10 ‘‘(iii) lead to a postsecondary 1-year 

11 certificate, associate or baccalaureate degree, 

12 or a proficiency credential in conjunction 

13 with a secondary school diploma; and 

14 ‘‘(iv) may be adopted by local edu15 cational agencies and postsecondary institu16 tions to be offered as an option to students 

17 (and their parents as appropriate), when 

18 choosing future coursework;’’; 

19 (ii) in subparagraph (B) (as so redes20 ignated), by inserting ‘‘and how the eligible 

21 agency will distribute information identi22 fying eligible recipients that offer elements 

23 of the model sequences of courses’’ before the 

24 semicolon; 
41

•S 250 EAH 

1 (iii) by amending subparagraph (C) 

2 (as so redesignated) to read as follows: 

3 ‘‘(C) the criteria that will be used by the eli4 gible agency to evaluate and approve eligible re5 cipients for funds under this title, including cri6 teria to assess the extent to which the local plan 

7 will promote continuous and substantial im8 provement in academic achievement and tech9 nical skill attainment;’’; 

10 (iv) in subparagraph (D) (as so redes11 ignated)—

12 (I) by inserting ‘‘, both academi13 cally and technically,’’ after ‘‘stu14 dents’’; and 

15 (II) by striking ‘‘; and’’ and in16 serting ‘‘, and how participating stu17 dents will be made aware of such op18 portunities;’’; 

19 (v) in subparagraph (E) (as so redesig20 nated), by inserting ‘‘aligned with rigorous 

21 and challenging academic content’’ before 

22 the semicolon; and 

23 (vi) by inserting after subparagraph 

24 (E) (as so redesignated) the following: 
42

•S 250 EAH 

1 ‘‘(F) the process through which the eligible 

2 agency will develop the secondary or postsec3 ondary elements of the model sequences of courses 

4 described in subparagraph (A); 

5 ‘‘(G) the role that any eligible recipients 

6 successfully implementing the activities described 

7 in section 135(b)(3) will play in assisting other 

8 eligible recipients in establishing agreements and 

9 plans for coordinating the offering of model se10 quences of courses to students at both the sec11 ondary and postsecondary levels; 

12 ‘‘(H) how funds will be used effectively to 

13 link secondary and postsecondary academic and 

14 vocational and technical education in a manner 

15 that increases student academic and vocational 

16 and technical achievement; and 

17 ‘‘(I) how the eligible agency will report the 

18 integration of rigorous and challenging aca19 demics in vocational and technical education 

20 programs in order to adequately evaluate the 

21 quality of such integration;’’; 

22 (B) by amending paragraph (2) to read as 

23 follows: 

24 ‘‘(2) describes how comprehensive professional de25 velopment (including initial teacher preparation and 
43

•S 250 EAH 

1 activities that support recruitment) for vocational 

2 and technical, academic, guidance, and administra3 tive personnel will be provided, especially professional 

4 development that—

5 ‘‘(A) promotes the integration of rigorous 

6 and challenging academic and vocational and 

7 technical education curriculum development; 

8 ‘‘(B) increases the percentage of teachers 

9 that meet teacher certification or licensing re10 quirements; 

11 ‘‘(C) increases the academic and industry 

12 knowledge of vocational and technical education 

13 teachers; and 

14 ‘‘(D) encourages applied learning that con15 tributes to the academic and vocational and tech16 nical knowledge of the student;’’; 

17 (C) in paragraph (3), by inserting ‘‘aca18 demic and vocational and technical’’ after ‘‘par19 ents,’’; 

20 (D) in paragraph (5)(A)—

21 (i) by inserting ‘‘(especially as per22 taining to math, science, and technology)’’ 

23 after ‘‘academic and technical skills’’; and 

24 (ii) by striking ‘‘core academic, and 

25 vocational and technical, subjects’’ and in-
44

•S 250 EAH 

1 serting ‘‘core academic subjects (as defined 

2 in section 9101(11) of the Elementary and 

3 Secondary Education Act of 1965 (20 

4 U.S.C. 7801(11))), and vocational and tech5 nical subjects’’; 

6 (E) in paragraph (11), by inserting ‘‘and 

7 technology’’ after ‘‘equipment’’; 

8 (F) by striking paragraph (19) and redesig9 nating paragraphs (12) through (18) as para10 graphs (13) through (19), respectively; 

11 (G) by inserting after paragraph (11) the 

12 following: 

13 ‘‘(12) describes how the eligible agency will en14 sure that any entity in the State that purchases 

15 equipment with funds under this Act will dispose of 

16 that equipment in such a manner as to ensure that 

17 any personally identifiable information contained in 

18 that equipment will be totally destroyed prior to, or 

19 as part of, the disposition;’’; 

20 (H) in paragraph (18) (as so redesignated), 

21 by striking ‘‘training and employment’’ and in22 serting ‘‘fields’’; and 

23 (I) by redesignating paragraphs (20) and 

24 (21) as paragraphs (22) and (23), respectively, 
45

•S 250 EAH 

1 and inserting after paragraph (19) (as so redes2 ignated) the following: 

3 ‘‘(20) describes how the eligible agency will 

4 award grants, on a competitive basis or on the basis 

5 of a formula determined by the eligible agency, using 

6 funds described in section 112 (a) (1) for activities 

7 described in section 135(b)(3); 

8 ‘‘(21) describes how the eligible agency will carry 

9 out measurable, sustainable, and coordinated tech10 prep activities in the State (as described in section 

11 135(b)(3)), with funds allocated under section 112(a), 

12 that are developed in consultation with the entities 

13 described in subsection (b)(1) and that effectively pre14 pare students for post-secondary education or employ15 ment in high-demand occupations through a seamless 

16 program of study consisting of appropriate advanced 

17 academic and technical courses that include a min18 imum of 2 years of secondary school preceding grad19 uation and a minimum of 2 years of higher education 

20 or an apprenticeship program of at least 2 years fol21 lowing secondary instruction;’’; and 

22 (4) by striking subsections (d) and (f) and redes23 ignating subsection (e) as subsection (d). 
46

•S 250 EAH 

1 SEC. 13. IMPROVEMENT PLANS. 

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

3 follows: 

4 ‘‘SEC. 123. IMPROVEMENT PLANS. 

5 ‘‘(a) STATE PROGRAM IMPROVEMENT.—

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

7 upon State adjusted levels of performance required 

8 under section 113(b)(3), the eligible agency shall de9 velop and implement a program improvement plan 

10 (with special consideration to performance gaps iden11 tified under section 113(c)(2)) in consultation with 

12 the appropriate agencies, individuals, and organiza13 tions for the first program year succeeding the pro14 gram year in which the eligible agency failed to meet 

15 the State adjusted levels of performance, in order to 

16 avoid a sanction under paragraph (3). 

17 ‘‘(2) TECHNICAL ASSISTANCE.—If the Secretary 

18 determines that an eligible agency is not properly im19 plementing the eligible agency’s responsibilities under 

20 section 122, or is not making substantial progress in 

21 meeting the purposes of this Act, based on the State’s 

22 adjusted levels of performance, the Secretary shall 

23 work with the eligible agency to implement improve24 ment activities consistent with the requirements of 

25 this Act. 

26 ‘‘(3) SUBSEQUENT ACTION.—
47

•S 250 EAH 

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

2 fails to meet the State adjusted levels of perform3 ance and the purposes of this Act, has not imple4 mented an improvement plan as described in 

5 paragraph (1), has shown no improvement with6 in 1 year after implementing an improvement 

7 plan as described in paragraph (1), or has failed 

8 to meet the State adjusted levels of performance 

9 and the purposes of this Act for 2 or more con10 secutive years, the Secretary may, after notice 

11 and opportunity for a hearing, withhold from 

12 the eligible agency all, or a portion of, the eligi13 ble agency’s allotment under this title. 

14 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR15 CUMSTANCES.—The Secretary may waive the 

16 sanction in subparagraph (A) due to exceptional 

17 or uncontrollable circumstances, such as a nat18 ural disaster or a precipitous and unforeseen de19 cline in the financial resources of the State. 

20 ‘‘(4) FUNDS RESULTING FROM REDUCED ALLOT21 MENTS.—

22 ‘‘(A) IN GENERAL.—The Secretary shall use 

23 funds withheld under paragraph (3) for a State 

24 served by an eligible agency, to provide (through 
48

•S 250 EAH 

1 alternative arrangements) services and activities 

2 within the State to meet the purposes of this Act. 

3 ‘‘(B) REDISTRIBUTION.—If the Secretary 

4 cannot satisfactorily use funds withheld under 

5 paragraph (3), then the amount of funds re6 tained by the Secretary as a result of a reduction 

7 in an allotment made under paragraph (3) shall 

8 be redistributed to other eligible agencies in ac9 cordance with section 111. 

10 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.—

11 ‘‘(1) LOCAL EVALUATION.—Each eligible agency 

12 shall evaluate annually, using the local adjusted levels 

13 of performance described in section 113(b)(4), the vo14 cational and technical education activities of each eli15 gible recipient receiving funds under this title. 

16 ‘‘(2) PLAN.—

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

18 evaluation, the eligible agency determines that 

19 an eligible recipient is not making substantial 

20 progress in achieving the local adjusted levels of 

21 performance, or that an eligible recipient dem22 onstrates under section 113(b)(4)(C) persistent or 

23 a widening of performance gaps between mul24 tiple categories of students served by the eligible 

25 recipient in comparison to all students in the 
49

•S 250 EAH 

1 State served under the Act, the eligible agency 

2 shall—

3 ‘‘(i) conduct an assessment of the edu4 cational needs that the eligible recipient 

5 shall address to overcome local performance 

6 deficiencies; 

7 ‘‘(ii) enter into an improvement plan 

8 agreement with an eligible recipient based 

9 on the results of the assessment, for the first 

10 program year succeeding the program year 

11 in which the eligible recipient failed to meet 

12 the local adjusted levels of performance, 

13 which plan shall demonstrate how the local 

14 performance deficiencies will be corrected 

15 and include strategies for professional devel16 opment and instructional and other pro17 grammatic innovations of demonstrated ef18 fectiveness, giving special consideration to 

19 performance gaps identified under section 

20 113(b)(4)(C); and 

21 ‘‘(iii) conduct regular evaluations of 

22 the progress being made toward reaching 

23 the local adjusted levels of performance as 

24 described in section 113(b)(4) and progress 

25 on implementing the improvement plan. 
50

•S 250 EAH 

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

2 shall conduct the activities described in para3 graph (2) in consultation with teachers, parents, 

4 other school staff, appropriate agencies, and 

5 other appropriate individuals and organizations. 

6 ‘‘(3) TECHNICAL ASSISTANCE.—If the eligible 

7 agency determines that an eligible recipient is not 

8 properly implementing the eligible recipient’s respon9 sibilities under section 134, or is not making substan10 tial progress in meeting the purpose of this Act, based 

11 on the local adjusted levels of performance, the eligible 

12 agency shall provide technical assistance to the eligi13 ble recipient to assist such recipient in carrying out 

14 the improvement activities consistent with the re15 quirements of this Act. 

16 ‘‘(4) SUBSEQUENT ACTION.—

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

18 fails to meet the local adjusted levels of perform19 ance as described in section 113(b)(4) and the 

20 purposes of this Act, has not implemented an im21 provement plan as described in paragraph (2), 

22 has shown no improvement within 1 year after 

23 implementing an improvement plan as described 

24 in paragraph (2), or has failed to meet the local 

25 adjusted levels of performance and the purposes 
51

•S 250 EAH 

1 of this Act for 2 or more consecutive years, the 

2 eligible agency may, after notice and oppor3 tunity for a hearing, withhold from the eligible 

4 recipient all, or a portion of, the eligible recipi5 ent’s allotment under this title. 

6 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR7 CUMSTANCES.—The eligible agency may waive 

8 the sanction under this paragraph due to excep9 tional or uncontrollable circumstances such as a 

10 natural disaster or a precipitous and unforeseen 

11 decline in the financial resources of the State. 

12 ‘‘(5) FUNDS RESULTING FROM REDUCED ALLOT13 MENTS.—The eligible agency shall use funds withheld 

14 under paragraph (4) to continue to provide (through 

15 alternative arrangements) services and activities in 

16 the area served by such recipient to meet the purpose 

17 of this Act.’’. 

18 SEC. 14. STATE LEADERSHIP ACTIVITIES. 

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

20 (1) in subsection (b)—

21 (A) in paragraph (1), by striking ‘‘learn22 ing’’ and inserting ‘‘education’’; 

23 (B) in paragraph (2)—

24 (i) by inserting ‘‘, and the required 

25 math and science education,’’ after ‘‘use of 
52

•S 250 EAH 

1 technology in vocational and technical edu2 cation’’; and 

3 (ii) in subparagraph (B)—

4 (I) by inserting ‘‘(including the 

5 math and science knowledge that pro6 vides a strong basis for such skills)’’ 

7 after ‘‘technical skills’’; and 

8 (II) by striking ‘‘and tele9 communications field’’ and inserting 

10 ‘‘fields, including nontraditional 

11 fields’’; 

12 (C) in paragraph (3)—

13 (i) by inserting ‘‘at the secondary and 

14 postsecondary levels’’ after ‘‘academic, guid15 ance, and administrative personnel’’; 

16 (ii) by redesignating subparagraphs 

17 (A) through (D) as subparagraphs (C) 

18 through (F), respectively, and inserting be19 fore such subparagraphs (as so redesig20 nated) the following: 

21 ‘‘(A) will provide inservice and preservice 

22 training for vocational and technical education 

23 teachers in the integration and use of rigorous 

24 and challenging academics with vocational and 

25 technical subjects; 
53

•S 250 EAH 

1 ‘‘(B) are high quality, sustained, intensive, 

2 and classroom-focused in order to have a positive 

3 and lasting impact on classroom instruction and 

4 the teacher’s performance in the classroom, and 

5 are not 1-day or short-term workshops or con6 ferences;’’; 

7 (iii) in subparagraph (C) (as so redes8 ignated)—

9 (I) by inserting ‘‘scientifically 

10 based’’ after ‘‘based on’’; and 

11 (II) by striking ‘‘; and’’ and in12 serting a semicolon; 

13 (iv) in subparagraph (D) (as so redes14 ignated), by striking ‘‘assist students in 

15 meeting’’ and inserting ‘‘improve student 

16 achievement in order to meet’’; and 

17 (v) by amending subparagraph (E) (as 

18 so redesignated) to read as follows: 

19 ‘‘(E) will support education programs for 

20 teachers of vocational and technical education in 

21 public schools and other public school personnel 

22 who are involved in the direct delivery of edu23 cational services to vocational and technical edu24 cation students to ensure that teachers and per25 sonnel—
54

•S 250 EAH 

1 ‘‘(i) stay current with the needs, expec2 tations, and methods of industry; 

3 ‘‘(ii) meet teacher certification or li4 censing requirements, especially in core aca5 demic subjects as defined in section 

6 9101(11) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 

8 7801(11)); 

9 ‘‘(iii) effectively develop integrated rig10 orous and challenging academic and voca11 tional and technical education curriculum; 

12 ‘‘(iv) develop a high level of academic 

13 and industry knowledge and skills necessary 

14 to provide effective instruction in vocational 

15 and technical education; and 

16 ‘‘(v) effectively use applied learning 

17 that contributes to the academic and voca18 tional and technical knowledge of the stu19 dent; and’’; 

20 (D) in paragraph (4), by striking ‘‘integra21 tion of academics’’ and all that follows through 

22 ‘‘core academic,’’ and inserting ‘‘provision of rig23 orous and challenging academics that are inte24 grated with vocational and technical education 

25 to ensure achievement in the core academic sub-
55

•S 250 EAH 

1 jects (as defined in section 9101(11) of the Ele2 mentary and Secondary Education Act of 1965 

3 (20 U.S.C. 7801(11))),’’; 

4 (E) in paragraph (5), by striking ‘‘training 

5 and employment’’ and inserting ‘‘fields’’; 

6 (F) in paragraph (6), by inserting ‘‘and 

7 complete a model sequence of courses, as de8 scribed in section 122(c)(1)(A)’’ after ‘‘technical 

9 skills’’; 

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

11 and inserting a semicolon; 

12 (H) in paragraph (8), by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (I) by inserting after paragraph (8) the fol15 lowing: 

16 ‘‘(9) technical assistance for eligible recipients.’’; 

17 and 

18 (2) in subsection (c)—

19 (A) by striking paragraph (1), and redesig20 nating paragraphs (2) through (10) as para21 graphs (1) through (9), respectively, and para22 graphs (11) and paragraphs (13) and (14), re23 spectively; 

24 (B) in paragraph (9) (as so redesignated), 

25 by inserting ‘‘that prepare individuals academi-
56

•S 250 EAH 

1 cally and technically for current and emerging 

2 occupations in demand’’ after ‘‘education 

3 courses’’; and 

4 (C) by inserting after paragraph (9) (as so 

5 redesignated) the following: 

6 ‘‘(10) awarding incentive grants to eligible re7 cipients for exemplary performance in carrying out 

8 programs under this Act, which awards shall be based 

9 on—

10 ‘‘(A) eligible recipients exceeding chal11 lenging performance measures established under 

12 section 113(b) in a manner that reflects sus13 tained or significant improvement; 

14 ‘‘(B) eligible recipients effectively developing 

15 connections between secondary education and 

16 postsecondary education and training; 

17 ‘‘(C) the adoption and integration of rig18 orous and challenging academic and technical 

19 coursework; 

20 ‘‘(D) an eligible recipient’s progress in hav21 ing special populations participating in voca22 tional and technical education programs meet 

23 local adjusted levels of performance; or 
57

•S 250 EAH 

1 ‘‘(E) other factors relating to the perform2 ance of the eligible recipient under this Act as 

3 the eligible agency determines are appropriate; 

4 ‘‘(11) providing for activities to support entre5 preneurship education and training; 

6 ‘‘(12) 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 post-sec14 ondary educational institutions; 

15 ‘‘(B) postsecondary dual and concurrent en16 rollment program; 

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

19 ‘‘(D) other initiatives to—

20 ‘‘(i) encourage the pursuit of a bacca21 laureate degree; and 

22 ‘‘(ii) overcome barriers to participa23 tion in baccalaureate degree programs, in24 cluding geographic and other barriers af-
58

•S 250 EAH 

1 fecting rural students and special popu2 lations;’’. 

3 SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL 

4 PROGRAMS. 

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

6 (1) by striking subsection (a) and redesignating 

7 subsections (b) through (i) as subsections (a) through 

8 (h), respectively; 

9 (2) in subsection (a) (as so redesignated)—

10 (A) in the subsection heading, by striking 

11 ‘‘Special’’ and ‘‘for Succeeding Fiscal Years’’; 

12 and 

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

14 succeeding fiscal years’’; and 

15 (3) in subsection (b) (as so redesignated)—

16 (A) by striking ‘‘subsection (b)’’ and insert17 ing ‘‘subsection (a)’’; and 

18 (B) by striking ‘‘(42 U.S.C. 9902(2))’’ and 

19 inserting ‘‘(42 U.S.C. 9902(2)))’’. 

20 SEC. 16. ELIMINATION OF REDISTRIBUTION RULE. 

21 Section 133 (20 U.S.C. 2353) is amended by striking 

22 subsection (b) and redesignating subsections (c) and (d) as 

23 subsections (b) and (c), respectively. 
59

•S 250 EAH 

1 SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL 

2 EDUCATION PROGRAMS. 

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

4 (1) in paragraph (2), by inserting ‘‘and local’’ 

5 after ‘‘State’’; 

6 (2) in paragraph (3)—

7 (A) by redesignating subparagraphs (A) 

8 through (C) as subparagraphs (B) through (D), 

9 respectively, and inserting before such subpara10 graphs the following: 

11 ‘‘(A) offer the appropriate courses of at least 

12 one of the model sequences of courses described in 

13 section 124(c)(1), as appropriate to the eligible 

14 recipient responsible for that element of the se15 quence;’’; 

16 (B) in subparagraph (B) (as so redesig17 nated)—

18 (i) by inserting ‘‘rigorous and chal19 lenging’’ after ‘‘integration of’’; and 

20 (ii) by inserting ‘‘subjects (as defined 

21 by section 9101(11) of the Elementary and 

22 Secondary Education Act of 1965 (20 

23 U.S.C. 7801(11)))’’ after ‘‘core academic’’; 

24 and 
60

•S 250 EAH 

1 (C) in subparagraph (D) (as so redesig2 nated), by inserting ‘‘rigorous and’’ after ‘‘taught 

3 to the same’’; 

4 (3) by redesignating paragraphs (4) through (10) 

5 as paragraphs (5) through (11), respectively, and in6 serting after paragraph (3) the following: 

7 ‘‘(4) describe how comprehensive professional de8 velopment (including initial teacher preparation) for 

9 vocational and technical, academic, guidance, and 

10 administrative personnel will be provided that pro11 motes the integration of rigorous and challenging aca12 demic and technical education (including curriculum 

13 development);’’; 

14 (4) in paragraph (5) (as so redesignated)—

15 (A) by inserting ‘‘academic and vocational 

16 and technical’’ after ‘‘students,’’; and 

17 (B) by inserting ‘‘(including the eligible re18 cipients that offer elements of the model sequence 

19 of courses)’’ after ‘‘such individuals and enti20 ties’’; and 

21 (5) in paragraph (8) (as so redesignated)—

22 (A) in subparagraph (A), by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (B) in subparagraph (B), by inserting 

25 ‘‘and’’ after the semicolon; and 
61

•S 250 EAH 

1 (C) by inserting after subparagraph (B) the 

2 following: 

3 ‘‘(C) will provide activities to prepare spe4 cial populations, including single parents and 

5 displaced homemakers, for high skill, high wage 

6 occupations that will lead to self-sufficiency;’’. 

7 SEC. 18. LOCAL USE OF FUNDS. 

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

9 (1) in subsection (b)—

10 (A) in paragraph (1), by striking ‘‘to ensure 

11 learning in the core academic’’ and inserting ‘‘as 

12 established in the State-developed model se13 quences of courses described in section 

14 122(c)(1)(A) to ensure learning in the core aca15 demic subjects (as defined by section 9101(11) of 

16 the Elementary and Secondary Education Act of 

17 1965 (20 U.S.C. 7801(11)))’’; 

18 (B) by striking paragraph (8); 

19 (C) by redesignating paragraphs (2) 

20 through (7) as paragraphs (4) through (9), re21 spectively, and inserting after paragraph (1) the 

22 following: 

23 ‘‘(2) link secondary vocational and technical 

24 education and postsecondary vocational and technical 

25 education, including offering model sequences of 
62

•S 250 EAH 

1 courses and implementing tech-prep programs con2 sistent with the activities described in paragraph (3); 

3 ‘‘(3) support tech-prep programs (if the eligible 

4 recipient receives the funds from the eligible agency 

5 under section 112(a)(1)) that—

6 ‘‘(A) are carried out under an articulation 

7 agreement between the participants in a consor8 tium, which shall include—

9 ‘‘(i) a local educational agency, an in10 termediate educational agency or area voca11 tional and technical education school serv12 ing secondary school students, or a sec13 ondary school funded by the Bureau of In14 dian Affairs; and 

15 ‘‘(ii)(I) a nonprofit institution of high16 er education that offers—

17 ‘‘(aa) a 2- or 4-year degree 

18 program, or a 2-year certificate 

19 program, and is qualified as an 

20 institution of higher education 

21 pursuant to section 102 of the 

22 Higher Education Act of 1965 (20 

23 U.S.C. 1002) (except those institu24 tions described in section 

25 102(a)(1)(C) of such Act), includ-
63

•S 250 EAH 

1 ing an institution receiving as2 sistance under the Tribally Con3 trolled College or University As4 sistance Act of 1978 (25 U.S.C. 

5 1801 et seq.) and a tribally con6 trolled postsecondary vocational 

7 and technical institution; or 

8 ‘‘(bb) a 2-year apprentice9 ship program that follows sec10 ondary instruction, if such non11 profit institution of higher edu12 cation is not prohibited from re13 ceiving assistance under part B of 

14 title IV of the Higher Education 

15 Act of 1965 (20 U.S.C. 1071 et 

16 seq.) pursuant to the provisions of 

17 section 435(a)(3) of such Act (20 

18 U.S.C. 1083(a)); or 

19 ‘‘(II) a proprietary institution of high20 er education that offers a 2-year associate 

21 degree program and is qualified as an insti22 tution of higher education pursuant to sec23 tion 102 of the Higher Education Act of 

24 1965 (20 U.S.C. 1002), if such proprietary 

25 institution of higher education is not subject 
64

•S 250 EAH 

1 to a default management plan required by 

2 the Secretary, 

3 and may include nonprofit organizations that 

4 provide eligible recipients with technology and 

5 programs to enhance math and science skills, 

6 employers, and labor organizations; 

7 ‘‘(B) consist of a minimum of 2 years of 

8 secondary school preceding graduation and a 

9 minimum of 2 years of higher education, or an 

10 apprenticeship program of at least 2 years, fol11 lowing secondary instruction; 

12 ‘‘(C) meet academic standards developed by 

13 the State, including standards developed under 

14 section 1111 of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6311) for sec16 ondary students, and support proficiency in 

17 mathematics, science, reading, writing, commu18 nications, and technologies; 

19 ‘‘(D) are comprised of model sequences of 

20 courses that integrate rigorous and challenging 

21 academics and vocational and technical edu22 cation; 

23 ‘‘(E) provide technical preparation in a ca24 reer field such as engineering technology; applied 

25 science; a mechanical, industrial, or practical 
65

•S 250 EAH 

1 art or trade; agriculture; health occupations; 

2 business; applied economics; advanced manufac3 turing; or other high-skill, high-wage, high-de4 mand occupations as determined by the State; 

5 ‘‘(F) use, if appropriate and available, 

6 work-based or worksite learning in conjunction 

7 with academic and vocational and technical edu8 cation; 

9 ‘‘(G) use educational technology and dis10 tance learning, as appropriate, to involve all the 

11 consortium partners more fully in the develop12 ment and operation of programs; 

13 ‘‘(H) facilitate and promote close working 

14 relationships among eligible recipients to ensure 

15 that programs within a geographic area are 

16 closely integrated with tech-prep program activi17 ties; 

18 ‘‘(I) are sustainable and use performance 

19 indicator data, described in section 113, to in20 form program quality; 

21 ‘‘(J) include academic and career coun22 seling for participants that provides information 

23 to students (and parents, as appropriate) regard24 ing tech-prep programs and supports student 

25 progress in completing tech-prep programs; 
66

•S 250 EAH 

1 ‘‘(K) include in-service training for teachers 

2 that—

3 ‘‘(i) provides for joint training for 

4 teachers in tech-prep programs; and 

5 ‘‘(ii) is designed to ensure that teachers 

6 and administrators stay current with the 

7 needs, expectations, and methods of business 

8 and all aspects of an industry; and 

9 ‘‘(L) provide students with transferable 

10 credit between the consortium members, as de11 scribed in subparagraph (A), and may include 

12 programs that allow secondary programs to be 

13 co-located on postsecondary campuses;’’; 

14 (D) in paragraph (5) (as so redesignated)—

15 (i) by inserting ‘‘, and the related 

16 math and science education’’ after ‘‘use of 

17 technology in vocational and technical edu18 cation’’; 

19 (ii) in subparagraph (B)—

20 (I) by inserting ‘‘(including the 

21 math and science knowledge that pro22 vides a strong basis for such skills)’’ 

23 after ‘‘technical skills’’; and 
67

•S 250 EAH 

1 (II) by striking ‘‘and tele2 communications field’’ and inserting 

3 ‘‘fields’’; and 

4 (iii) in subparagraph (C)—

5 (I) by striking ‘‘work’’ and insert6 ing ‘‘collaborate’’; and 

7 (II) by inserting ‘‘that improve 

8 the math and science knowledge of stu9 dents’’ after ‘‘mentoring programs’’; 

10 (E) in paragraph (6) (as so redesignated)—

11 (i) by striking ‘‘teachers,’’ and insert12 ing ‘‘secondary and postsecondary teachers, 

13 instructors,’’; and 

14 (ii) in subparagraph (A), by striking 

15 ‘‘in effective teaching skills based on re16 search’’ and inserting ‘‘in effective integra17 tion of rigorous and challenging academic 

18 and vocational and technical education, in 

19 effective teaching skills based on scientif20 ically based research’’; and 

21 (F) by inserting after paragraph (9) (as so 

22 redesignated) the following: 

23 ‘‘(10) provide activities to prepare special popu24 lations, including single parents and displaced home-
68

•S 250 EAH 

1 makers, for high skill, high wage occupations that will 

2 lead to self sufficiency.’’; and 

3 (2) in subsection (c)—

4 (A) in paragraph (2), by inserting ‘‘, re5 garding the range of postsecondary options 

6 available, including for adult students who are 

7 changing careers or updating skills’’ before the 

8 semicolon; 

9 (B) in paragraph (5), by inserting ‘‘, in10 cluding the establishment and operation of spe11 cial arrangements with industry partners that 

12 allow qualified industry professionals to serve as 

13 faculty in postsecondary programs’’ before the 

14 semicolon; 

15 (C) in paragraph (8), by striking ‘‘aides’’ 

16 and inserting ‘‘aids and publications’’; 

17 (D) in paragraph (9), by inserting ‘‘that 

18 address the integration of academic and voca19 tional and technical education and’’ after 

20 ‘‘teacher preparation programs’’; 

21 (E) by redesignating paragraphs (10) 

22 through (14) as paragraphs (12) through (16), 

23 and paragraph (15) as paragraph (20), respec24 tively, and inserting after paragraph (9) the fol25 lowing: 
69

•S 250 EAH 

1 ‘‘(10) to develop and expand postsecondary pro2 gram offerings that are accessible by students, includ3 ing the use of distance education; 

4 ‘‘(11) to provide activities to support entrepre5 neurship education and training;’’; 

6 (F) in paragraph (12) (as so redesignated), 

7 by inserting ‘‘, including development of new 

8 proposed model sequences of courses for consider9 ation by the eligible agency and courses that pre10 pare individuals academically and technically 

11 for current and emerging occupations that are in 

12 demand, and dual enrollment opportunities by 

13 which secondary vocational and technical edu14 cation students could obtain postsecondary credit 

15 to count towards an associate or baccalaureate 

16 degree’’ before the semicolon; 

17 (G) by amending paragraph (16) (as so re18 designated) to read as follows: 

19 ‘‘(16) to support training in nontraditional 

20 fields;’’; and 

21 (H) by inserting after paragraph (16) (as 

22 so redesignated) the following: 

23 ‘‘(17) to provide accurate information relating to 

24 the availability of supportive services available in an 
70

•S 250 EAH 

1 area served by the eligible recipient, and referral to 

2 such services, as appropriate; 

3 ‘‘(18) to support the activities described in sub4 section (b)(3); 

5 ‘‘(19) for programs that assist in the training of 

6 automotive technicians in diesel retrofitting, hybrid, 

7 hydrogen, and alternative fuel automotive tech8 nologies; and’’. 

9 SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT. 

10 Title II (20 U.S.C. 2071 et seq.) is repealed. 

11 SEC. 20. GENERAL PROVISIONS. 

12 (a) REDESIGNATION OF TITLE III.—

13 (1) REDESIGNATION.—Title III (20 U.S.C. 2391 

14 et seq.) is amended—

15 (A) by striking section 318; 

16 (B) by redesignating such title as title II of 

17 such Act; and 

18 (C) by redesignating sections 311 through 

19 317 as section 211 through 217 and sections 321 

20 through 325 as sections 221 through 225, respec21 tively. 

22 (2) TABLE OF CONTENTS AMENDMENT.—The 

23 table of contents in section 1(b) is amended—

24 (A) by striking the items relating to title 

25 III; and 
71

•S 250 EAH 

1 (B) by amending the items relating to title 

2 II to read as follows:

‘‘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 children and 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. 

‘‘Sec. 224. Limitation on Federal regulations. 

‘‘Sec. 225. Student assistance and other Federal programs.’’.

3 (b) FISCAL REQUIREMENTS.—Section 211(b) (20 

4 U.S.C. 2391(b)) (as so redesignated) is amended by insert5 ing after paragraph (2) the following: 

6 ‘‘(3) DEFINITION.—For purposes of this sub7 section, the term ‘preceding fiscal year’ means the 

8 Federal fiscal year or the 12-month fiscal period used 

9 by a State for official reporting purposes, prior to the 

10 beginning of the Federal fiscal year in which funds 

11 are available for obligation by the Secretary.’’. 

12 (c) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

13 AND PERSONNEL.—Section 217 (as so redesignated) is 

14 amended to read as follows: 
72

•S 250 EAH 

1 ‘‘SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN 

2 AND PERSONNEL. 

3 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

4 ‘‘(1) IN GENERAL.—To the extent consistent with 

5 the number of children in the school district of a local 

6 educational agency that is eligible to receive funds 

7 under this Act, or that serves the area in which a pro8 gram assisted under this Act is located, who are en9 rolled in private nonprofit elementary schools and 

10 secondary schools, or, with respect to instructional or 

11 personnel training programs funded by an eligible 

12 agency, the local educational agency, after consulta13 tion with appropriate private school officials—

14 ‘‘(A) shall provide, on an equitable basis 

15 and as may be necessary, for the benefit of such 

16 children in such schools, secular, neutral, and 

17 nonideological services (or other benefits), mate18 rials, and equipment, including the participa19 tion of the teachers of such children (and other 

20 educational personnel serving such children) in 

21 training programs; or 

22 ‘‘(B) if such services, materials, and equip23 ment are not feasible or necessary in one or more 

24 such private schools (as determined by the local 

25 educational agency after consultation with the 

26 appropriate private school officials), shall pro-
73

•S 250 EAH 

1 vide such other arrangements as will assure equi2 table participation of such children in the pur3 poses and benefits of this Act. 

4 ‘‘(2) APPLICATION OF REQUIREMENTS.—The re5 quirements of this section relating to the participa6 tion of children, teachers, and other personnel serving 

7 such children shall apply to programs carried out 

8 under this Act by an eligible agency or local edu9 cational agency, whether directly or through grants 

10 to, or contracts with, other public or private agencies, 

11 institutions, or organizations. 

12 ‘‘(b) EQUAL EXPENDITURES.—

13 ‘‘(1) IN GENERAL.—Expenditures for programs 

14 under subsection (a) shall be equal (consistent with 

15 the number of children to be served) to expenditures 

16 for programs under this Act for children enrolled in 

17 the public schools of the local educational agency. 

18 ‘‘(2) CONCENTRATED PROGRAMS.—When funds 

19 available to a local educational agency under this Act 

20 are used to concentrate programs on a particular 

21 group, attendance area, or grade or age level, the local 

22 educational agency shall, after consultation with the 

23 appropriate private school officials, assure the equi24 table participation in both the purposes and benefits 

25 of such programs for children enrolled in private 
74

•S 250 EAH 

1 schools who are included within the group, attendance 

2 area, or grade or age level selected for such concentra3 tion, taking into account the needs of the individual 

4 children and other factors that relate to the expendi5 tures referred to in paragraph (1). 

6 ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—

7 ‘‘(1) FUNDS, MATERIALS AND EQUIPMENT.—

8 ‘‘(A) FUNDS.—The control of funds ex9 pended under this section shall be administered 

10 by a public agency. 

11 ‘‘(B) MATERIALS AND EQUIPMENT.—The 

12 title to materials and equipment provided under 

13 this section, shall remain with a public agency 

14 for the uses and purposes provided in this Act. 

15 ‘‘(2) PROVISION OF SERVICES.—Services pro16 vided under this Act shall be provided by employees 

17 of a public agency or through contract by such a pub18 lic agency with a person, association, agency, organi19 zation, institution or corporation that, in the provi20 sion of such services, is independent of the private 

21 school and of any religious organizations, and such 

22 employment or contract shall be under the control 

23 and supervision of such a public agency. The funds 

24 utilized under this section shall not be commingled 

25 with State or local funds. 
75

•S 250 EAH 

1 ‘‘(3) TIMING AND CONTENT OF CONSULTATION.—

2 The consultation required under this section shall in3 clude meetings of agency and private school officials 

4 and shall occur before the eligible agency and local 

5 educational agency makes any decision that affects 

6 the opportunities of eligible private school children to 

7 participate in programs under this Act. Such meet8 ings shall include a discussion of service delivery 

9 mechanisms (including third party contractors) and 

10 shall continue throughout implementation and assess11 ment of services under this Act. 

12 ‘‘(d) WAIVER AND BYPASS PROCEDURES.—

13 ‘‘(1) STATE PROHIBITION.—If an eligible agency 

14 or local educational agency is prohibited, by reason of 

15 any provision of law, from providing for the partici16 pation in programs of children enrolled in private el17 ementary schools and secondary schools as required 

18 by subsections (a) through (c), the Secretary shall 

19 waive such requirements for the agency involved and 

20 shall arrange for the provision of services to such chil21 dren through arrangements that shall be subject to the 

22 requirements of this section. 

23 ‘‘(2) FAILURE TO COMPLY.—If the Secretary de24 termines that an eligible agency or a local edu25 cational agency has substantially failed, or is unwill-
76

•S 250 EAH 

1 ing, to provide for the participation on an equitable 

2 basis of children enrolled in private elementary 

3 schools and secondary schools as required by sub4 sections (a) through (c), the Secretary may waive 

5 such requirements and shall arrange for the provision 

6 of services to such children through arrangements that 

7 shall be subject to the requirements of this section. 

8 ‘‘(3) PAYMENT FROM STATE ALLOTMENT.—When 

9 the Secretary arranges for services under this sub10 section, the Secretary shall, after consultation with 

11 the appropriate public school and private school offi12 cials, pay the cost of such services, including the ad13 ministrative costs of arranging for those services, from 

14 the appropriate allotment of the eligible agency under 

15 this Act. 

16 ‘‘(4) DURATION OF DETERMINATION.—Any deter17 mination by the Secretary under this section shall 

18 continue in effect until the Secretary determines that 

19 there will no longer be any failure or inability on the 

20 Act of the eligible agency or local educational agency 

21 to meet the requirements of subsections (a) through 

22 (c). 

23 ‘‘(5) REVIEW OF DETERMINATION.—The Sec24 retary shall not take any final action under this sec25 tion until the eligible agency and the local edu-
77

•S 250 EAH 

1 cational agency affected by such action have had an 

2 opportunity, for not less than 45 days after receiving 

3 written notice thereof, to submit written objections 

4 and to appear before the Secretary or the Secretary’s 

5 designee to show cause why that action should not be 

6 taken. 

7 ‘‘(e) WITHHOLDING OF ALLOTMENT OR ALLOCA8 TION.—Pending final resolution of any investigation or 

9 complaint that could result in a waiver under subsection 

10 (d)(1) or (d)(2), the Secretary may withhold from the allot11 ment or allocation of the affected eligible agency or local 

12 educational agency the amount estimated by the Secretary 

13 to be necessary to pay the cost of services to be provided 

14 by the Secretary under such subsection. 

15 ‘‘(f) PRIOR DETERMINATION.—Any bypass determina16 tion by the Secretary under Title I or Title IX of the Ele17 mentary and Secondary Education Act of 1965 shall, to 

18 the extent consistent with the purposes of this Act, apply 

19 to programs under this Act until such determinations ter20 minate or expire.’’.
78

•S 250 EAH 

Amend the title so as to read ‘‘An Act to amend the 

Carl D. Perkins Vocational and Technical Education Act 

of 1998 to strengthen and improve programs under that 

Act.’’.

Attest:

Clerk.