II 

Calendar No. 39 

109TH CONGRESS 

1ST SESSION S. 250 

To amend the Carl D. Perkins Vocational and Technical Education Act 

of 1998 to improve the Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. ENZI (for himself, Mr. KENNEDY, and Mr. VITTER), introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

MARCH 9, 2005 

Reported by Mr. ENZI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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, especially in 

11 preparation for high skill, high wage, or high de12 mand occupations in emerging or established profes13 sions’’; 

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

15 after ‘‘integrate’’; 

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

17 the semicolon; 

18 (5) in paragraph (4)— 

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

20 ‘‘disseminating national’’; 

21 (B) by inserting ‘‘disseminating informa22 tion on best practices,’’ after ‘‘national re23 search,’’; and 

24 (C) by striking the period at the end and 

25 inserting a semicolon; and 
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1 (6) by adding at the end the following: 

2 ‘‘(5) promoting leadership and professional de3 velopment at the State and local levels, and devel4 oping research and best practices for improving the 

5 quality of career and technical education teachers, 

6 faculty, principals, administrators, and counselors; 

7 ‘‘(6) supporting partnerships among secondary 

8 schools, postsecondary institutions, area career tech9 nical centers, business and industry, professional as10 sociations, and intermediaries; and 

11 ‘‘(7) developing a highly skilled workforce need12 ed to keep America competitive in the global econ13 omy in conjunction with other Federal education and 

14 training programs, including workforce investment 

15 programs, that provide lifelong learning for the 

16 workforce of today and tomorrow.’’. 

17 SEC. 4. DEFINITIONS. 

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

19 (1) in paragraph (2), by inserting ‘‘, including 

20 employment statistics and information relating to 

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

22 provided pursuant to section 118, and career ladder 

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

24 (2) in paragraph (3)— 
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1 (A) in the paragraph heading, by striking 

2 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and 

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

4 term appears and inserting ‘‘career’’; 

5 (3) by striking paragraph (4); 

6 (4) by redesignating paragraphs (5) through 

7 (30) as paragraphs (10) through (35), respectively; 

8 (5) by inserting after paragraph (3) the fol9 lowing: 

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

11 ‘articulation agreement’ means a written commit12 ment, approved annually by the relevant administra13 tors of the secondary and postsecondary institutions, 

14 to a program that is designed to provide students 

15 with a nonduplicative sequence of progressive 

16 achievement leading to technical skill proficiency, a 

17 credential, a certificate, or a degree, and linked 

18 through credit transfer agreements. 

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

20 The term ‘career and technical education’ means or21 ganized educational activities that— 

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

23 may include technical learning experiences) 

24 that— 
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1 ‘‘(i) provides individuals with the chal2 lenging academic and technical knowledge 

3 and skills the individuals need to prepare 

4 for further education and for careers in 

5 emerging and established professions; and 

6 ‘‘(ii) may lead to technical skill pro7 ficiency, a credential, a certificate, or a de8 gree; and 

9 ‘‘(B) include competency-based applied 

10 learning that contributes to the academic 

11 knowledge, higher-order reasoning and problem12 solving skills, work attitudes, general employ13 ability skills, technical skills, and occupation14 specific skills, of an individual. 

15 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU16 DENT.—The term ‘career and technical education 

17 student’ means a student who enrolls in a clearly de18 fined sequence of career and technical education 

19 courses leading to attainment of technical skill pro20 ficiency, a credential, a certificate, or a degree. 

21 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGA22 NIZATION.— 

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

24 technical student organization’ means an orga25 nization for individuals enrolled in a career and 
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1 technical education program that engages in ca2 reer and technical education activities as an in3 tegral part of the instructional program. 

4 ‘‘(B) STATE AND NATIONAL UNITS.—An 

5 organization described in subparagraph (A) 

6 may have State and national units that aggre7 gate the work and purposes of instruction in ca8 reer and technical education at the local level. 

9 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN10 SELING.—The term ‘career guidance and academic 

11 counseling’ means providing access to information 

12 regarding career awareness and planning with re13 spect to an individual’s occupational and academic 

14 future that shall involve guidance and counseling 

15 with respect to career options, financial aid, and 

16 postsecondary options. 

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

18 pathway’ means a coordinated and nonduplicative 

19 sequence of courses (which may include technical 

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; 
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1 ‘‘(C) may include the opportunity for sec2 ondary students to participate in dual or con3 current enrollment programs or other ways to 

4 acquire postsecondary credits; and 

5 ‘‘(D) may culminate in technical skill pro6 ficiency, a credential, a certificate, or a de7 gree.’’; 

8 (6) in paragraph (10) (as redesignated by para9 graph (4) of this section), by striking ‘‘5206’’ and 

10 inserting ‘‘5210’’; 

11 (7) by redesignating paragraphs (11) through 

12 (35) (as redesignated by paragraph (4) of this sec13 tion) as paragraphs (12) through (36), respectively; 

14 (8) by inserting after paragraph (10) (as redes15 ignated by paragraph (4) of this section) the fol16 lowing: 

17 ‘‘(11) COMMUNITY COLLEGE.—The term ‘com18 munity college’— 

19 ‘‘(A) means an institution of higher edu20 cation, as defined in section 101 of the Higher 

21 Education Act of 1965, that provides not less 

22 than a 2-year program that is acceptable for 

23 full credit toward a baccalaureate degree; and 

24 ‘‘(B) includes tribally controlled colleges or 

25 universities.’’; 
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1 (9) in paragraph (12) (as redesignated by para2 graph (7) of this section)— 

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

4 and inserting ‘‘method’’; and 

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

6 ‘‘career’’; 

7 (10) by redesignating paragraphs (13) through 

8 (36) (as redesignated by paragraph (7) of this sec9 tion) as paragraphs (14) through (37), respectively; 

10 (11) by inserting after paragraph (12) the fol11 lowing: 

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

13 ‘core academic subjects’ has the meaning given the 

14 term in section 9101 of the Elementary and Sec15 ondary Education Act of 1965, except that under 

16 this Act such subjects included in such term shall be 

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

18 (12) in paragraph (16) (as redesignated by 

19 paragraph (10) of this section), by striking ‘‘voca20 tional’’ both places the term appears and inserting 

21 ‘‘career’’; 

22 (13) in paragraph (17) (as redesignated by 

23 paragraph (10) of this section)— 

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

25 institution of higher education’’ and inserting 
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1 ‘‘a public or nonprofit private institution of 

2 higher education that offers career and tech3 nical education courses that lead to technical 

4 skill proficiency, an industry-recognized creden5 tial, a certificate, or a degree’’; and 

6 (B) in subparagraph (C), by striking ‘‘vo7 cational’’ and inserting ‘‘career’’; 

8 (14) in paragraph (18)(A) (as redesignated by 

9 paragraph (10) of this section), by striking ‘‘agency, 

10 an area vocational’’ and inserting ‘‘agency (including 

11 a public charter school that operates as a local edu12 cational agency), an area career’’; 

13 (15) by redesignating paragraphs (20) through 

14 (37) (as redesignated by paragraph (10) of this sec15 tion) as paragraphs (21) through (38), respectively; 

16 (16) by inserting after paragraph (19) (as re17 designated by paragraph (10) of this section) the 

18 following: 

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

20 term ‘graduation and career plan’ means a written 

21 plan for a secondary career and technical education 

22 student, that— 

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

24 academic counseling or other professional staff, 

25 and in consultation with parents, not later than 
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1 in the first year of secondary school or upon en2 rollment in career and technical education; 

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

4 needed; 

5 ‘‘(C) includes relevant information on— 

6 ‘‘(i) secondary school requirements for 

7 graduating with a diploma; 

8 ‘‘(ii) postsecondary education admis9 sion requirements; and 

10 ‘‘(iii) high skill, high wage, or high de11 mand occupations and nontraditional fields 

12 in emerging and established professions, 

13 and labor market indicators; and 

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

15 graduation goals, postsecondary education and 

16 training, or employment goals, and identifies 1 

17 or more career pathways that correspond to the 

18 goals.’’; 

19 (17) in paragraph (25) (as redesignated by 

20 paragraph (15) of this section)— 

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 (18) in paragraph (26) (as redesignated by 

2 paragraph (15) of this section), by striking ‘‘the 

3 Commonwealth’’ and all that follows through the pe4 riod and inserting ‘‘and the Commonwealth of the 

5 Northern Mariana Islands.’’; 

6 (19) by redesignating paragraphs (31) through 

7 (38) (as redesignated by paragraph (15) of this sec8 tion) as paragraphs (32) through (39), respectively; 

9 (20) by inserting after paragraph (30) (as re10 designated by paragraph (15) of this section) the 

11 following: 

12 ‘‘(31) SELF-SUFFICIENCY.—The term ‘self-suf13 ficiency’ means a standard that is adopted, cal14 culated, or commissioned by a local area or State, 

15 and which adjusts for local factors, in specifying the 

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

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

18 geographical considerations.’’; 

19 (21) in paragraph (32) (as redesignated by 

20 paragraph (19) of this section)— 

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

22 ‘‘training and employment’’ and inserting 

23 ‘‘fields’’; and 
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1 (B) in subparagraph (F), by striking ‘‘indi2 viduals with other barriers to educational 

3 achievement, including’’; 

4 (22) in paragraph (34) (as redesignated by 

5 paragraph (19) of this section) by striking ‘‘, and in6 structional aids and devices’’ and inserting ‘‘instruc7 tional aids, and work supports’’; 

8 (23) by striking paragraph (35) (as redesig9 nated by paragraph (19) of this section) and insert10 ing the following: 

11 ‘‘(35) TECH-PREP PROGRAM.—The term ‘tech12 prep program’ means a program of study that— 

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

14 secondary education (as determined under State 

15 law) with a minimum of 2 years of postsec16 ondary education in a nonduplicative, sequential 

17 course of study; 

18 ‘‘(B) integrates academic and career and 

19 technical education instruction, and utilizes 

20 work-based and worksite learning where appro21 priate and available; 

22 ‘‘(C) provides technical preparation in a 

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

24 high demand occupations; 
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1 ‘‘(D) builds student competence in tech2 nical skills and in core academic subjects, as 

3 appropriate, through applied, contextual, and 

4 integrated instruction, in a coherent sequence 

5 of courses; 

6 ‘‘(E) leads to technical skill proficiency, a 

7 credential, a certificate, or a degree, in a spe8 cific career field; 

9 ‘‘(F) leads to placement in appropriate em10 ployment or to further education; and 

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

12 practicable.’’; 

13 (24) in paragraph (37) (as redesignated by 

14 paragraph (19) of this section)— 

15 (A) in the paragraph heading, by striking 

16 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; 

17 (B) in the matter preceding subparagraph 

18 (A)— 

19 (i) by striking ‘‘vocational’’ and in20 serting ‘‘career’’; 

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

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

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

24 and inserting ‘‘subsection (a)(5)’’; and 
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1 (C) in subparagraph (F), by striking ‘‘vo2 cational’’ and inserting ‘‘career’’; and 

3 (25) by striking paragraphs (38) and (39) (as 

4 redesignated by paragraph (19) of this section). 

5 SEC. 5. TRANSITION PROVISIONS. 

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

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

8 Education Act’’ and all that follows through the period 

9 and inserting ‘‘this Act, as this Act was in effect on the 

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

11 Career and Technical Education Improvement Act of 

12 2005. Each eligible agency shall be assured a full fiscal 

13 year for transition to plan for and implement the require14 ments of this Act.’’. 

15 SEC. 6. LIMITATION. 

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

17 the second sentence. 

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

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

21 of title I’’; and 

22 (2) by striking ‘‘1999 through 2003’’ and in23 serting ‘‘2006 through 2011’’. 
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1 TITLE I—CAREER AND TECH2 NICAL EDUCATION ASSIST3 ANCE TO THE STATES 

4 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST5 ANCE TO THE STATES. 

6 Title I (20 U.S.C. 2321 et seq.) is amended by strik7 ing the title heading and inserting the following: 

8 ‘‘TITLE I—CAREER AND TECH9 NICAL EDUCATION ASSIST10 ANCE TO THE STATES’’. 

11 SEC. 102. RESERVATIONS AND STATE ALLOTMENT. 

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

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

14 through 2003,’’ and inserting ‘‘2006 through 2011, 

15 not more than’’; 

16 (2) in paragraph (2), in the matter preceding 

17 subparagraph (A), by striking ‘‘paragraph (1)’’ and 

18 inserting ‘‘paragraph (1), that are not allotted under 

19 paragraph (5),’’; 

20 (3) in paragraph (3)— 

21 (A) in subparagraph (B), by striking ‘‘(or 

22 in the case’’ and all that follows through 

23 ‘‘1998)’’; and 

24 (B) in subparagraph (C)— 
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1 (i) in clause (i)(I), by striking ‘‘(or in 

2 the case’’ and all that follows through 

3 ‘‘1998)’’; and 

4 (ii) in clause (ii)(II), by striking ‘‘(or 

5 in the case’’ and all that follows through 

6 ‘‘1998)’’; and 

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

8 ‘‘(5) FORMULA FOR AMOUNTS IN EXCESS OF

9 THE FISCAL YEAR 2005 FUNDING LEVEL.— 

10 ‘‘(A) IN GENERAL.—For any fiscal year 

11 for which the remainder of the sums appro12 priated under section 8 and not reserved under 

13 paragraph (1) exceeds the remainder of the 

14 sums appropriated under section 8 and not re15 served under paragraph (1) for fiscal year 

16 2005, such excess amount shall be allotted to 

17 the States according to the formula under sub18 paragraphs (A) through (D) of paragraph (2). 

19 ‘‘(B) MINIMUM ALLOTMENT.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 any other provision of law and subject to 

22 clause (ii), no State shall receive for a fiscal year under this paragraph less than 1 23 ⁄2

24 of 1 percent of the excess amount de25 scribed in subparagraph (A). 
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1 ‘‘(ii) REQUIREMENT.—No State, by 

2 reason of the application of clause (i), shall 

3 be allotted under this paragraph for a fis4 cal year more than the amount determined 

5 by multiplying— 

6 ‘‘(I) the number of individuals in 

7 the State counted under paragraph 

8 (2); by 

9 ‘‘(II) 185 percent of the national 

10 average per pupil payment made with 

11 the excess amount described in sub12 paragraph (A) for that year.’’. 

13 SEC. 103. WITHIN STATE ALLOCATION. 

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

15 (1) in subsection (a)— 

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

17 after the semicolon; and 

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

19 inserting the following: 

20 ‘‘(2) not more than 15 percent for— 

21 ‘‘(A) State leadership activities described 

22 in section 124, of which— 

23 ‘‘(i) an amount determined by the eli24 gible agency shall be made available to 

25 serve individuals in State institutions, such 
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1 as State correctional institutions and insti2 tutions that serve individuals with disabil3 ities; and 

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

5 available for services that prepare individ6 uals for nontraditional fields; and 

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

8 which may be used for the costs of— 

9 ‘‘(i) developing the State plan; 

10 ‘‘(ii) reviewing the local plans; 

11 ‘‘(iii) monitoring and evaluating pro12 gram effectiveness; 

13 ‘‘(iv) assuring compliance with all ap14 plicable Federal laws; 

15 ‘‘(v) providing technical assistance; 

16 and 

17 ‘‘(vi) supporting and developing State 

18 data systems relevant to the provisions of 

19 this Act.’’; 

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

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

22 ‘‘subsection (a)(2)(B)’’; and 

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

24 following: 
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1 ‘‘(c) RESERVE.—From amounts made available 

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

3 eligible agency may— 

4 ‘‘(1) award grants to eligible recipients, or con5 sortia of eligible recipients, for career and technical 

6 education activities described in section 135 in— 

7 ‘‘(A) rural areas; or 

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

9 numbers of career and technical education stu10 dents; 

11 ‘‘(2) reserve funds, with the approval of partici12 pating eligible recipients, for— 

13 ‘‘(A) innovative statewide initiatives that 

14 demonstrate benefits for eligible recipients, 

15 which may include— 

16 ‘‘(i) developing and implementing 

17 technical assessments; 

18 ‘‘(ii) improving the professional devel19 opment of career and technical education 

20 teachers, faculty, principals, and adminis21 trators; and 

22 ‘‘(iii) establishing, enhancing, and 

23 supporting systems for accountability data 

24 collection or reporting purposes; or 
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1 ‘‘(B) the development and implementation 

2 of career pathways or career clusters; and 

3 ‘‘(3) carry out activities described in para4 graphs (1) and (2).’’. 

5 SEC. 104. ACCOUNTABILITY. 

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

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

8 appears and inserting ‘‘career’’; 

9 (2) in subsection (a)— 

10 (A) by striking ‘‘a State performance ac11 countability system’’ and inserting ‘‘and sup12 port State and local performance accountability 

13 systems’’; and 

14 (B) by inserting ‘‘and its eligible recipi15 ents’’ after ‘‘of the State’’; 

16 (3) in subsection (b)— 

17 (A) in paragraph (1)— 

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

19 ‘‘paragraph (2)(A)’’ and inserting ‘‘sub20 paragraphs (A) and (B) of paragraph (2)’’; 

21 and 

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

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

24 (B) in paragraph (2)— 
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1 (i) by striking subparagraph (A) and 

2 inserting the following: 

3 ‘‘(A) CORE INDICATORS OF PERFORMANCE

4 FOR SECONDARY CAREER AND TECHNICAL EDU5 CATION STUDENTS.—Each eligible agency shall 

6 identify in the State plan core indicators of per7 formance for secondary career and technical 

8 education students that include, at a minimum, 

9 measures of each of the following: 

10 ‘‘(i) Student achievement on technical 

11 assessments and attainment of career and 

12 technical skill proficiencies that are aligned 

13 with nationally recognized industry stand14 ards, if available and appropriate. 

15 ‘‘(ii) Student attainment of chal16 lenging academic content standards and 

17 student academic achievement standards, 

18 as adopted by the State under section 

19 1111(b)(1) of the Elementary and Sec20 ondary Education Act of 1965 and meas21 ured by the academic assessments de22 scribed in section 1111(b)(3) of such Act, 

23 consistent with State requirements. 

24 ‘‘(iii) Student rates of attainment 

25 of— 
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1 ‘‘(I) a secondary school diploma; 

2 ‘‘(II) the recognized equivalent of 

3 a secondary school diploma; 

4 ‘‘(III) technical skill proficiency; 

5 ‘‘(IV) a credential; 

6 ‘‘(V) a certificate; and 

7 ‘‘(VI) a degree. 

8 ‘‘(iv) Placement in postsecondary edu9 cation, military service, apprenticeship pro10 grams, or employment. 

11 ‘‘(v) Student participation in, and 

12 completion of, career and technical edu13 cation programs that lead to employment 

14 in nontraditional fields.’’; 

15 (ii) by redesignating subparagraphs 

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

17 through (E), respectively; 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) CORE INDICATORS OF PERFORMANCE

21 FOR POSTSECONDARY CAREER AND TECHNICAL

22 STUDENTS.—Each eligible agency shall identify 

23 in the State plan core indicators of performance 

24 for postsecondary career and technical edu-
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1 cation students that include, at a minimum, 

2 measures of each of the following: 

3 ‘‘(i) Student achievement on technical 

4 assessments and attainment of career and 

5 technical skill proficiencies that are aligned 

6 with nationally recognized industry stand7 ards, if available and appropriate. 

8 ‘‘(ii) Student attainment of technical 

9 skill proficiency, a credential, a certificate, 

10 or a degree, or retention in postsecondary 

11 education, including transfer to a bacca12 laureate degree program. 

13 ‘‘(iii) Placement in military service, 

14 apprenticeship programs, or employment. 

15 ‘‘(iv) Student participation in, and 

16 completion of, career and technical edu17 cation programs that lead to employment 

18 in nontraditional fields. 

19 ‘‘(v) Increase in earnings, where avail20 able.’’; 

21 (iv) in subparagraph (C) (as redesig22 nated by clause (ii) of this subparagraph), 

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

24 title, such as attainment of self-suffi25 ciency.’’; 
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1 (v) in subparagraph (D) (as redesig2 nated by clause (ii) of this subparagraph), 

3 by inserting ‘‘career and technical edu4 cation’’ after ‘‘developed State’’; 

5 (vi) in subparagraph (E) (as redesig6 nated by clause (ii) of this subpara7 graph)— 

8 (I) by striking ‘‘this paragraph’’ 

9 and inserting ‘‘subparagraphs (A) and 

10 (B)’’; and 

11 (II) by striking ‘‘recipients.’’ and 

12 inserting ‘‘recipients, and shall meet 

13 the requirements of this section.’’; and 

14 (vii) by adding at the end the fol15 lowing: 

16 ‘‘(F) ALIGNMENT OF PERFORMANCE INDI17 CATORS.—In the course of identifying core indi18 cators of performance and additional indicators 

19 of performance, States shall, to the greatest ex20 tent possible, define the indicators so that sub21 stantially similar information gathered for other 

22 State and Federal programs, or any other pur23 pose, is used to meet the requirements of this 

24 section.’’; 

25 (C) in paragraph (3)— 
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1 (i) in the paragraph heading, by strik2 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV3 ELS’’; 

4 (ii) in subparagraph (A)— 

5 (I) in clause (i)— 

6 (aa) by striking ‘‘paragraph 

7 (2)(A)’’ and inserting ‘‘subpara8 graphs (A) and (B) of paragraph 

9 (2)’’; 

10 (bb) by inserting ‘‘after tak11 ing into account the local ad12 justed levels of performance and’’ 

13 after ‘‘eligible agency,’’; and 

14 (cc) by striking subclause 

15 (II) and inserting the following: 

16 ‘‘(II) require the eligible recipi17 ents to make continuous and signifi18 cant improvement in career and tech19 nical achievement of career and tech20 nical education students, including 

21 special populations.’’; 

22 (II) in clause (v)— 

23 (aa) in the clause heading, 

24 by striking ‘‘3RD, 4TH, AND 5TH’’ 

25 and inserting ‘‘SUBSEQUENT’’; 
27 

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1 (bb) by striking ‘‘third pro2 gram year’’ and inserting ‘‘third 

3 and fifth program years’’; and 

4 (cc) by striking ‘‘third, 

5 fourth, and fifth’’ and inserting 

6 ‘‘corresponding subsequent’’; 

7 (III) in clause (vi)(II), by insert8 ing ‘‘and significant’’ after ‘‘contin9 uous’’; and 

10 (IV) in clause (vii), by striking 

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

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

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

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

15 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.— 

16 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER17 FORMANCE FOR CORE INDICATORS OF PER18 FORMANCE.— 

19 ‘‘(i) IN GENERAL.—Each eligible re20 cipient shall accept the State adjusted lev21 els of performance established under para22 graph (3) as local adjusted levels of per23 formance, or negotiate with the State to 

24 reach agreement on new local adjusted lev25 els of performance, for each of the core in-
28 

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1 dicators of performance described in sub2 paragraphs (A) and (B) of paragraph (2) 

3 for career and technical education activi4 ties authorized under this title. The levels 

5 of performance established under this sub6 paragraph shall, at a minimum— 

7 ‘‘(I) be expressed in a percentage 

8 or numerical form, so as to be objec9 tive, quantifiable, and measurable; 

10 and 

11 ‘‘(II) require the eligible recipient 

12 to make continuous and significant 

13 improvement in career and technical 

14 achievement of career and technical 

15 education students. 

16 ‘‘(ii) IDENTIFICATION IN THE LOCAL

17 PLAN.—Each eligible recipient shall iden18 tify, in the local plan submitted under sec19 tion 134, levels of performance for each of 

20 the core indicators of performance for the 

21 first 2 program years covered by the local 

22 plan. 

23 ‘‘(iii) AGREEMENT ON LOCAL AD24 JUSTED LEVELS OF PERFORMANCE FOR

25 FIRST 2 YEARS.—The eligible agency and 
29 

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1 each eligible recipient shall reach agree2 ment on the eligible recipient’s levels of 

3 performance for each of the core indicators 

4 of performance for the first 2 program 

5 years covered by the local plan, taking into 

6 account the levels identified in the local 

7 plan under clause (ii) and the factors de8 scribed in clause (v). The levels of perform9 ance agreed to under this clause shall be 

10 considered to be the local adjusted levels of 

11 performance for the eligible recipient for 

12 such years and shall be incorporated into 

13 the local plan prior to the approval of such 

14 plan. 

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

17 SUBSEQUENT YEARS.—Prior to the third 

18 and fifth program years covered by the 

19 local plan, the eligible agency and each eli20 gible recipient shall reach agreement on 

21 the local adjusted levels of performance for 

22 each of the core indicators of performance 

23 for the corresponding subsequent program 

24 years covered by the local plan, taking into 

25 account the factors described in clause (v). 
30 

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1 The local adjusted levels of performance 

2 agreed to under this clause shall be consid3 ered to be the local adjusted levels of per4 formance for the eligible recipient for such 

5 years and shall be incorporated into the 

6 local plan. 

7 ‘‘(v) FACTORS.—The agreement de8 scribed in clause (iii) or (iv) shall take into 

9 account— 

10 ‘‘(I) how the levels of perform11 ance involved compare with the local 

12 adjusted levels of performance estab13 lished for other eligible recipients, tak14 ing into account factors including the 

15 characteristics of participants when 

16 the participants entered the program 

17 and the services or instruction to be 

18 provided; and 

19 ‘‘(II) the extent to which the 

20 local adjusted levels of performance 

21 involved promote continuous and sig22 nificant improvement on the core indi23 cators of performance by the eligible 

24 recipient. 
31 

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1 ‘‘(vi) REVISIONS.—If unanticipated 

2 circumstances arise with respect to an eli3 gible recipient resulting in a significant 

4 change in the factor described in clause 

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

6 that the local adjusted levels of perform7 ance agreed to under clause (iii) or (iv) be 

8 revised. The eligible agency shall issue ob9 jective criteria and methods for making 

10 such revisions. 

11 ‘‘(B) LEVELS OF PERFORMANCE FOR AD12 DITIONAL INDICATORS.—Each eligible recipient 

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

14 performance for any additional indicators of 

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

16 Such levels shall be considered to be the local 

17 levels of performance for purposes of this title. 

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

19 that receives an allocation under section 131 

20 shall publicly report, on an annual basis, its 

21 progress in achieving the local adjusted levels of 

22 performance on the core indicators of perform23 ance.’’; and 

24 (4) by striking subsection (c)(1)(B) and insert25 ing: 
32 

•S 250 RS

1 ‘‘(B) information on the levels of perform2 ance achieved by the State with respect to the 

3 additional indicators of performance, including 

4 the levels of performance disaggregated for 

5 postsecondary institutions, by special popu6 lations, and for secondary institutions, by spe7 cial populations and by the categories described 

8 in section 1111(h)(1)(C)(i) of the Elementary 

9 and Secondary Education Act of 1965, except 

10 that such disaggregation shall not be required 

11 in a case in which the number of individuals in 

12 a category is insufficient to yield statistically re13 liable information or the results would reveal 

14 personally identifiable information about an in15 dividual.’’. 

16 SEC. 105. NATIONAL ACTIVITIES. 

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

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

19 appears and inserting ‘‘career’’; 

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

21 an analysis of performance data regarding special 

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

23 of performance data that is disaggregated for post24 secondary institutions, by special populations, and 

25 for secondary institutions, by special populations and 
33 

•S 250 RS

1 by the categories described in section 

2 1111(h)(1)(C)(i) of the Elementary and Secondary 

3 Education Act of 1965, except that such 

4 disaggregation shall not be required in a case in 

5 which the number of individuals in a category is in6 sufficient to yield statistically reliable information or 

7 the results would reveal personally identifiable infor8 mation about an individual’’; 

9 (3) in subsection (c)— 

10 (A) by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2) INDEPENDENT ADVISORY PANEL.— 

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

14 appoint an independent advisory panel to advise 

15 the Secretary on the implementation of the as16 sessment described in paragraph (3), including 

17 the issues to be addressed and the methodology 

18 of the studies involved to ensure that the as19 sessment adheres to the highest standards of 

20 quality. 

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

22 consist of— 

23 ‘‘(i) educators, principals, and admin24 istrators (including State directors of ca25 reer and technical education), with exper-
34 

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1 tise in the integration of academic and ca2 reer and technical education; 

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

4 and assessment; 

5 ‘‘(iii) representatives of labor organi6 zations and businesses, including small 

7 businesses; 

8 ‘‘(iv) parents; 

9 ‘‘(v) career guidance and academic 

10 counseling professionals; and 

11 ‘‘(vi) other individuals and inter12 mediaries with relevant expertise. 

13 ‘‘(C) INDEPENDENT ANALYSIS.—The advi14 sory panel shall transmit to the Secretary and 

15 to the relevant committees of Congress an inde16 pendent analysis of the findings and rec17 ommendations resulting from the assessment 

18 described in paragraph (3). 

19 ‘‘(D) FACA.—The Federal Advisory Com20 mittee Act (5 U.S.C. App.) shall not apply to 

21 the panel established under this paragraph.’’; 

22 (B) in paragraph (3)— 

23 (i) by striking subparagraph (A) and 

24 inserting the following: 
35 

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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— 
36 

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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 
37 

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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)— 
38 

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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: 
39 

•S 250 RS

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 
40 

•S 250 RS

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-
41 

•S 250 RS

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’’; 
42 

•S 250 RS

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. 
43 

•S 250 RS

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)— 
44 

•S 250 RS

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)— 
45 

•S 250 RS

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 
46 

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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 (i) and (j), 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— 
47 

•S 250 RS

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 sec9 tion— 

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 and 
48 

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1 (6) by striking subsection (j) (as redesignated 

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

3 following: 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 $10,000,000 for fiscal year 2006 and such sums as may 

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

8 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA9 TION. 

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

11 (1) in subsection (a)— 

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

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

14 (B) in paragraph (1)— 

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

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

17 ‘‘(c)’’; 

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

19 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

21 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

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

24 (2) by redesignating subsections (b) through (f) 

25 as subsections (c) through (g), respectively; 
49 

•S 250 RS

1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) STATE APPLICATION.— 

4 ‘‘(1) IN GENERAL.—Each State desiring assist5 ance under this section shall submit an application 

6 to the Secretary at the same time the State submits 

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

8 and accompanied by such additional information, as 

9 the Secretary may reasonably require. 

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

11 under paragraph (1) shall include— 

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

13 designated in subsection (c) will provide infor14 mation based on labor market trends to inform 

15 program development; and 

16 ‘‘(B) information about the academic con17 tent standards and student academic achieve18 ment standards adopted by the State under sec19 tion 1111(b)(1) of the Elementary and Sec20 ondary Education Act of 1965.’’; 

21 (4) in subsection (c) (as redesignated by para22 graph (2) of this section)— 

23 (A) in paragraph (1), by striking ‘‘individ24 uals’’ and all that follows through the semicolon 

25 and inserting ‘‘students and parents, including 
50 

•S 250 RS

1 postsecondary education and training, including 

2 preparation for high skill, high wage, or high 

3 demand occupations and nontraditional fields in 

4 emerging or established professions;’’; 

5 (B) in paragraph (2), by inserting ‘‘aca6 demic and career and technical’’ after ‘‘relate’’; 

7 (C) by striking paragraph (3) and insert8 ing the following: 

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

10 and counselors with the knowledge, skills, and occu11 pational information needed to assist parents and all 

12 students, especially special populations underrep13 resented in certain careers, with career exploration, 

14 educational opportunities, education financing, and 

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

16 occupations and nontraditional fields;’’; 

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

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

19 emphasis on high skill, high wage, or high de20 mand occupations in emerging or established 

21 professions;’’; 

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

23 after the semicolon; 

24 (F) in paragraph (6), by striking the pe25 riod and inserting ‘‘; and’’; and 
51 

•S 250 RS

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

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

3 each occupation, on— 

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

5 in the occupation at entry level and after 5 

6 years of employment; 

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

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

9 occupation, based on employment projections.’’; 

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

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

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

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

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

15 inserting ‘‘(c)’’; 

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

17 paragraph (2) of this section), by striking ‘‘an iden18 tification’’ and inserting ‘‘a description’’; and 

19 (8) in subsection (g) (as redesignated by para20 graph (2) of this section), by striking ‘‘1999 through 

21 2003’’ and inserting ‘‘2006 through 2011’’. 

22 SEC. 110. STATE ADMINISTRATION. 

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

24 (1) by redesignating subsection (a)(2) as sub25 section (b) and indenting appropriately; 
52 

•S 250 RS

1 (2) by redesignating subparagraphs (A) through 

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

3 (4), respectively, and indenting appropriately; 

4 (3) by redesignating clauses (i) and (ii) of para5 graph (4) (as redesignated by paragraph (2) of this 

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

7 and indenting appropriately; 

8 (4) by striking the following: 

9 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.— 

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

11 inserting the following: 

12 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re13 sponsibilities’’; 

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

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

16 and employment’’ and inserting ‘‘fields’’; 

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

18 paragraph (2) of this section)— 

19 (A) by inserting ‘‘teacher and faculty prep20 aration programs,’’ after ‘‘teachers,’’; and 

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

22 after ‘‘representatives of’’; and 

23 (7) in subsection (b) (as redesignated by para24 graph (1) of this section), by striking ‘‘paragraph 

25 (1)’’ and inserting ‘‘subsection (a)’’. 
53 

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1 SEC. 111. STATE PLAN. 

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

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

4 appears and inserting ‘‘career’’; 

5 (2) in subsection (a)— 

6 (A) in paragraph (1)— 

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

8 and 

9 (ii) by adding at the end the fol10 lowing: ‘‘Each eligible agency may submit 

11 a transition plan during the first full year 

12 of implementation of this Act after the 

13 date of enactment of the Carl D. Perkins 

14 Career and Technical Education Improve15 ment Act of 2005. The transition plan 

16 shall fulfill the eligible agency’s State plan 

17 submission obligation under this section.’’; 

18 and 

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

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

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

22 the following: 

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

24 develop the State plan in consultation with academic 

25 and career and technical education teachers, faculty, 

26 principals, and administrators, career guidance and 
54 

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1 academic counselors, eligible recipients, parents, stu2 dents, the State tech-prep coordinator and rep3 resentatives of tech-prep consortia (if applicable), in4 terested community members (including parent and 

5 community organizations), representatives of special 

6 populations, representatives of business (including 

7 small business) and industry, and representatives of 

8 labor organizations in the State, and shall consult 

9 the Governor of the State with respect to such devel10 opment.’’; 

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

12 following: 

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

14 information that— 

15 ‘‘(1) describes the career and technical edu16 cation activities to be assisted that are designed to 

17 meet or exceed the State adjusted levels of perform18 ance, including a description of— 

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

20 eligible recipients in developing or implementing 

21 career pathways for career and technical edu22 cation content areas that are designed to meet 

23 relevant workforce needs, including how the eli24 gible agency will— 
55 

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1 ‘‘(i) support eligible recipients in de2 veloping articulation agreements between 

3 secondary and postsecondary institutions; 

4 ‘‘(ii) support eligible recipients in 

5 using labor market information to identify 

6 career pathways that prepare individuals 

7 for high skill, high wage, or high demand 

8 occupations; 

9 ‘‘(iii) make available information 

10 about career pathways offered by eligible 

11 recipients; and 

12 ‘‘(iv) consult with business and indus13 try and use industry-recognized standards 

14 and assessments, if appropriate; 

15 ‘‘(B) the secondary and postsecondary ca16 reer and technical education programs to be 

17 carried out, including programs that will be car18 ried out by the eligible agency to develop, im19 prove, and expand access to quality technology 

20 in career and technical education programs; 

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

22 eligible agency to approve eligible recipients for 

23 funds under this title, including criteria to as24 sess the extent to which the local plan will— 
56 

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1 ‘‘(i) promote higher levels of academic 

2 achievement; 

3 ‘‘(ii) promote higher levels of technical 

4 skill attainment; and 

5 ‘‘(iii) identify and address workforce 

6 needs; 

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

8 will prepare career and technical education stu9 dents, including special populations to graduate 

10 from high school with a diploma; 

11 ‘‘(E) how such programs will prepare ca12 reer and technical education students, including 

13 special populations, both academically and tech14 nically, for opportunities in postsecondary edu15 cation or entry into high skill, high wage, or 

16 high demand occupations in emerging or estab17 lished occupations, and how participating stu18 dents will be made aware of such opportunities; 

19 and 

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

21 develop new career and technical education 

22 courses in high skill, high wage, or high de23 mand occupations that are aligned with busi24 ness needs and industry standards, as appro25 priate— 
57 

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

2 aligned with challenging academic content 

3 standards and student academic achieve4 ment standards adopted by the State 

5 under section 1111(b)(1) of the Elemen6 tary and Secondary Education Act of 

7 1965; and 

8 ‘‘(ii) at the postsecondary level that 

9 are relevant and challenging; 

10 ‘‘(2) describes how career and technical edu11 cation teachers, faculty, principals, administrators, 

12 and career guidance and academic counselors will be 

13 provided comprehensive initial preparation and pro14 fessional development, including through programs 

15 and activities that— 

16 ‘‘(A) promote the integration of chal17 lenging academic and career and technical edu18 cation curriculum development, including oppor19 tunities for teachers to jointly develop and im20 plement curriculum and pedagogical strategies 

21 with appropriate academic teachers; 

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

23 technical education knowledge of career and 

24 technical education teachers and faculty; 
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1 ‘‘(C) are high-quality, sustained, intensive, 

2 focused on instruction, directly related to indus3 try standards, and includes structured induc4 tion and mentoring components for new per5 sonnel, with an emphasis on identifying and ad6 dressing the needs of local businesses, including 

7 small businesses; 

8 ‘‘(D) ensure an increasing number of ca9 reer and technical education teachers and fac10 ulty meet teacher certification and licensing re11 quirements reflecting the needs of their subject 

12 area or areas; 

13 ‘‘(E) equip them with the knowledge and 

14 skills needed to work with and improve instruc15 tion for special populations; 

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

17 including labor market indicators, student 

18 achievement, and assessments; 

19 ‘‘(G) enhance the leadership capacity of 

20 principals and administrators; 

21 ‘‘(H) are integrated with professional de22 velopment activities that the State carries out 

23 under title II of the Elementary and Secondary 

24 Education Act of 1965 and title II of the High25 er Education Act of 1965; and 
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1 ‘‘(I) include strategies to expose all career 

2 and technical education students to comprehen3 sive information regarding career options that 

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

5 occupations and nontraditional fields; 

6 ‘‘(3) describes efforts to improve— 

7 ‘‘(A) the recruitment and retention of ca8 reer and technical education teachers, faculty, 

9 counselors, principals, and administrators, in10 cluding individuals in groups underrepresented 

11 in the teaching profession; and 

12 ‘‘(B) the transition to teaching from busi13 ness and industry, including small business; 

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

15 programs and faculty at postsecondary institutions 

16 to effectively prepare career and technical education 

17 personnel, including, as appropriate, through elec18 tronically delivered distance education, and articula19 tion agreements between 2-year technical programs 

20 and postsecondary education programs; 

21 ‘‘(5) describes how the eligible agency will ac22 tively involve parents, academic and career and tech23 nical education teachers, faculty, principals, and ad24 ministrators, career guidance and academic coun25 selors, local businesses (including small- and me-
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1 dium-sized businesses and business intermediaries), 

2 and labor organizations in the planning, develop3 ment, implementation, and evaluation of such career 

4 and technical education programs; 

5 ‘‘(6) describes how funds received by the eligible 

6 agency through the allotment made under section 

7 111 will be allocated— 

8 ‘‘(A) among secondary school career and 

9 technical education, or postsecondary and adult 

10 career and technical education, or both, includ11 ing the rationale for such allocation; and 

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

13 formed among secondary schools and eligible in14 stitutions, and how funds will be allocated 

15 among the members of the consortia, including 

16 the rationale for such allocation; 

17 ‘‘(7) describes how the eligible agency will— 

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

19 career and technical education courses in high 

20 skill, high wage, or high demand occupations— 

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

22 aligned with challenging academic content 

23 standards and student academic achieve24 ment standards adopted by the State 

25 under section 1111(b)(1) of the Elemen-
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1 tary and Secondary Education Act of 

2 1965; and 

3 ‘‘(ii) at the postsecondary level that 

4 are challenging and aligned with business 

5 needs and industry standards, as appro6 priate; 

7 ‘‘(B) improve the academic and technical 

8 skills of students participating in career and 

9 technical education programs, including 

10 strengthening the academic, and career and 

11 technical, components of career and technical 

12 education programs through the integration of 

13 academics with career and technical education 

14 to ensure learning in the core academic subjects 

15 and career and technical education subjects, 

16 and provide students with strong experience in, 

17 and understanding of, all aspects of an indus18 try; 

19 ‘‘(C) ensure that students who participate 

20 in such career and technical education pro21 grams are taught to the same challenging aca22 demic proficiencies as are taught to all other 

23 students; and 

24 ‘‘(D) encourage secondary school students 

25 who participate in such career and technical 
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1 education programs to enroll in challenging 

2 courses in core academic subjects; 

3 ‘‘(8) describes how the eligible agency will an4 nually evaluate the effectiveness of such career and 

5 technical education programs, and describes, to the 

6 extent practicable, how the eligible agency is coordi7 nating such programs to promote relevant lifelong 

8 learning and ensure nonduplication with other exist9 ing Federal programs; 

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

11 strategies for special populations, including a de12 scription of how individuals who are members of the 

13 special populations— 

14 ‘‘(A) will be provided with equal access to 

15 activities assisted under this title; 

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

17 the basis of their status as members of the spe18 cial populations; and 

19 ‘‘(C) will be provided with programs de20 signed to enable the special populations to meet 

21 or exceed State adjusted levels of performance, 

22 and prepare special populations for further 

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

24 demand occupations; 
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1 ‘‘(10) how the eligible agency will collaborate in 

2 developing the State plan with— 

3 ‘‘(A) the entity within the State with re4 sponsibility for elementary and secondary edu5 cation; 

6 ‘‘(B) the entity within the State with re7 sponsibility for public institutions engaged in 

8 postsecondary education; 

9 ‘‘(C) State institutions such as State cor10 rectional institutions and institutions that serve 

11 individuals with disabilities; and 

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

13 responsibility for career and technical education 

14 and training and workforce development; 

15 ‘‘(11) describes what steps the eligible agency 

16 will take to involve representatives of eligible recipi17 ents in the development of the State adjusted levels 

18 of performance; 

19 ‘‘(12) provides assurances that the eligible 

20 agency will comply with the requirements of this 

21 title and the provisions of the State plan, including 

22 the provision of a financial audit of funds received 

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

24 audit of other Federal or State programs; 
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1 ‘‘(13) provides assurances that none of the 

2 funds expended under this title will be used to ac3 quire equipment (including computer software) in 

4 any instance in which such acquisition results in a 

5 direct financial benefit to any organization rep6 resenting the interests of the purchasing entity, the 

7 employees of the purchasing entity, or any affiliate 

8 of such an organization; 

9 ‘‘(14) describes how the eligible agency will 

10 measure and report data relating to students partici11 pating in and completing career and technical edu12 cation within specific career clusters in order to ade13 quately measure the progress of the students, includ14 ing special populations, at— 

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

16 the categories described in section 

17 1111(h)(1)(C)(i) of the Elementary and Sec18 ondary Education Act of 1965, except that such 

19 disaggregation shall not be required in a case in 

20 which the number of individuals in a category 

21 is insufficient to yield statistically reliable infor22 mation or the results would reveal personally 

23 identifiable information about an individual; 

24 and 
65 

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1 ‘‘(B) the postsecondary level, disaggregated 

2 by special populations and the categories de3 scribed in section 1111(h)(1)(C)(i) of the Ele4 mentary and Secondary Education Act of 1965, 

5 except that such disaggregation shall not be re6 quired in a case in which the number of individ7 uals in a category is insufficient to yield statis8 tically reliable information or the results would 

9 reveal personally identifiable information about 

10 an individual; 

11 ‘‘(15) describes how the eligible agency will ade12 quately address the needs of students in alternative 

13 education programs, if appropriate; 

14 ‘‘(16) describes how the eligible agency will pro15 vide local educational agencies, area career and tech16 nical education schools, and eligible institutions in 

17 the State with technical assistance; 

18 ‘‘(17) describes how career and technical edu19 cation relates to State and regional occupational op20 portunities; 

21 ‘‘(18) describes the methods proposed for the 

22 joint planning and coordination of programs carried 

23 out under this title with other Federal education 

24 programs; 
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1 ‘‘(19) describes how funds will be used to pro2 mote preparation for high skill, high wage, or high 

3 demand occupations and nontraditional fields in 

4 emerging and established professions; 

5 ‘‘(20) describes how funds will be used to serve 

6 individuals in State correctional institutions; 

7 ‘‘(21) describes how the eligible agency will en8 sure that the data reported to the eligible agency 

9 from local educational agencies and eligible institu10 tions under this title and the data the eligible agency 

11 reports to the Secretary are complete, accurate, and 

12 reliable; and 

13 ‘‘(22) contains the description and information 

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

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

16 2822(b)(8) and 2841(c)) concerning the provision of 

17 services only for postsecondary students and school 

18 dropouts.’’; 

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

20 following: 

21 ‘‘(d) PLAN OPTIONS.— 

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

23 fulfill the plan or application submission require24 ments of this section, section 118(b), and section 

25 141(c) by submitting a single State plan. In such 
67 

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1 plan, the eligible agency may allow eligible recipients 

2 to fulfill the plan or application submission require3 ments of section 134 and subsections (a) and (b) of 

4 section 143 by submitting a single local plan. 

5 ‘‘(2) PLAN SUBMITTED AS PART OF 501

6 PLAN.—The eligible agency may submit the plan re7 quired under this section as part of the plan sub8 mitted under section 501 of the Workforce Invest9 ment Act of 1998 (20 U.S.C. 9271), provided that 

10 the plan submitted pursuant to the requirement of 

11 this section meets the requirements of this Act.’’; 

12 and 

13 (6) by striking subsection (f). 

14 SEC. 112. IMPROVEMENT PLANS. 

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

16 follows: 

17 ‘‘SEC. 123. IMPROVEMENT PLANS. 

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

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

20 adjusted levels of performance described in the re21 port submitted under section 113(c), the eligible 

22 agency shall develop and implement a program im23 provement plan in consultation with the appropriate 

24 agencies, individuals, and organizations for the first 

25 program year succeeding the program year in which 
68 

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1 the eligible agency failed to meet the State adjusted 

2 levels of performance, in order to avoid a sanction 

3 under paragraph (3). 

4 ‘‘(2) TECHNICAL ASSISTANCE.—If the Sec5 retary determines that an eligible agency is not 

6 properly implementing the eligible agency’s respon7 sibilities under section 122, or is not making sub8 stantial progress in meeting the purpose of this Act, 

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

10 the Secretary shall work with the eligible agency to 

11 implement improvement activities consistent with the 

12 requirements of this Act. 

13 ‘‘(3) FAILURE.— 

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

15 fails to meet the State adjusted levels of per16 formance, has not implemented an improvement 

17 plan as described in paragraph (1), has shown 

18 no improvement within 1 year after imple19 menting an improvement plan as described in 

20 paragraph (1), or has failed to meet the State 

21 adjusted levels of performance for 2 or more 

22 consecutive years, the Secretary may, after no23 tice and opportunity for a hearing, withhold 

24 from the eligible agency all, or a portion of, the 

25 eligible agency’s allotment under this title. 
69 

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1 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR2 CUMSTANCES.—The Secretary may waive the 

3 sanction in subparagraph (A) due to exceptional 

4 or uncontrollable circumstances such as a nat5 ural disaster or a precipitous and unforeseen 

6 decline in financial resources of the State. 

7 ‘‘(4) FUNDS RESULTING FROM REDUCED AL8 LOTMENTS.— 

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

10 use funds withheld under paragraph (3) for a 

11 State served by an eligible agency, to provide 

12 (through alternative arrangements) services and 

13 activities within the State to meet the purposes 

14 of this Act. 

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

16 cannot satisfactorily use funds withheld under 

17 paragraph (3), then the amount of funds re18 tained by the Secretary as a result of a reduc19 tion in an allotment made under paragraph (3) 

20 shall be redistributed to other eligible agencies 

21 in accordance with section 111. 

22 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 

23 ‘‘(1) LOCAL EVALUATION.—Each eligible agen24 cy shall evaluate annually, using the local adjusted 

25 levels of performance described in section 113(b)(4), 
70 

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1 the career and technical education activities of each 

2 eligible recipient receiving funds under this title. 

3 ‘‘(2) PLAN.— 

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

5 evaluation, the eligible agency determines that 

6 an eligible recipient is not making substantial 

7 progress in achieving the local adjusted levels of 

8 performance, the eligible agency shall— 

9 ‘‘(i) conduct an assessment of the 

10 educational needs that the eligible recipient 

11 shall address to overcome local perform12 ance deficiencies, including the perform13 ance of special populations; 

14 ‘‘(ii) enter into an improvement plan 

15 with an eligible recipient based on the re16 sults of the assessment, for the first pro17 gram year succeeding the program year in 

18 which the eligible recipient failed to meet 

19 the local adjusted levels of performance, 

20 which plan shall demonstrate how the local 

21 performance deficiencies will be corrected 

22 and include instructional and other pro23 grammatic innovations of demonstrated ef24 fectiveness, and, where necessary, strate-
71 

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1 gies for appropriate staffing and profes2 sional development; and 

3 ‘‘(iii) conduct regular evaluations of 

4 the progress being made toward reaching 

5 the local adjusted levels of performance, as 

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

7 progress on implementing the improvement 

8 plan. 

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

10 shall conduct the activities described in sub11 paragraph (A) in consultation with teachers, 

12 principals, administrators, faculty, parents, 

13 other school staff, appropriate agencies, and 

14 other appropriate individuals and organizations. 

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

16 agency determines that an eligible recipient is not 

17 properly implementing the eligible recipient’s respon18 sibilities under section 134, or is not making sub19 stantial progress in meeting the purpose of this Act, 

20 based on the local adjusted levels of performance, 

21 the eligible agency shall provide technical assistance 

22 to the eligible recipient to assist the eligible recipient 

23 in carrying out the improvement activities consistent 

24 with the requirements of this Act. An eligible recipi25 ent, in collaboration with the eligible agency, may re-
72 

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1 quest that the Secretary provide additional technical 

2 assistance. 

3 ‘‘(4) FAILURE.— 

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

5 fails to meet the local adjusted levels of per6 formance as described in section 113(b)(4) and 

7 has not implemented an improvement plan as 

8 described in paragraph (2), has shown no im9 provement within 1 year after implementing an 

10 improvement plan as described in paragraph 

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

12 local adjusted levels of performance for 2 or 

13 more consecutive years, the eligible agency may, 

14 after notice and opportunity for a hearing, 

15 withhold from the eligible recipient all, or a por16 tion of, the eligible recipient’s allotment under 

17 this title. 

18 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR19 CUMSTANCES.—The eligible agency may waive 

20 the sanction under this paragraph due to excep21 tional or uncontrollable circumstances such as 

22 organizational structure, or a natural disaster 

23 or a precipitous and unforeseen decline in fi24 nancial resources of the eligible recipient. 
73 

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1 ‘‘(5) FUNDS RESULTING FROM REDUCED AL2 LOTMENTS.—The eligible agency shall use funds 

3 withheld under paragraph (4) to provide (through 

4 alternative arrangements) services and activities to 

5 students within the area served by such recipient to 

6 meet the purpose of this Act.’’. 

7 SEC. 113. STATE LEADERSHIP ACTIVITIES. 

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

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

10 appears and inserting ‘‘career’’; 

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

12 and inserting ‘‘112(a)(2)(A)’’; 

13 (3) in subsection (b)— 

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

15 learning’’ and all that follows through the semi16 colon and inserting ‘‘further education, further 

17 training, or for high skill, high wage, or high 

18 demand occupations;’’; 

19 (B) in paragraph (2), by striking subpara20 graphs (A) through (C) and inserting the fol21 lowing: 

22 ‘‘(A) training of career and technical edu23 cation teachers, faculty, principals, career guid24 ance and academic counselors, and administra-
74 

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1 tors to use technology, including distance learn2 ing; 

3 ‘‘(B) encouraging schools to work with 

4 technology industries to offer voluntary intern5 ships and mentoring programs; or 

6 ‘‘(C) encouraging lifelong learning, includ7 ing through partnerships that may involve insti8 tutions of higher education, organizations pro9 viding career and technical education, busi10 nesses, and communications entities;’’; 

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

13 ‘‘(3) professional development programs, includ14 ing providing comprehensive professional develop15 ment (including initial teacher preparation) for ca16 reer and technical education teachers, faculty, prin17 cipals, administrators, and career guidance and aca18 demic counselors at the secondary and postsecondary 

19 levels, that support activities described in section 

20 122 and— 

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

22 training in career and technical education pro23 grams and techniques, effective teaching skills 

24 based on promising practices and, where avail25 able and appropriate, scientifically based re-
75 

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1 search, and effective practices to improve pa2 rental and community involvement; 

3 ‘‘(B) improve student achievement in order 

4 to meet the State adjusted levels of perform5 ance established under section 113; 

6 ‘‘(C) support education programs for 

7 teachers and faculty of career and technical 

8 education in public schools and other public 

9 school personnel who are involved in the direct 

10 delivery of educational services to career and 

11 technical education students to ensure that 

12 such personnel— 

13 ‘‘(i) stay current with the needs, ex14 pectations, and methods of industry; 

15 ‘‘(ii) can effectively develop chal16 lenging, integrated academic and career 

17 and technical education curriculum jointly 

18 with academic teachers, to the extent prac19 ticable; and 

20 ‘‘(iii) develop a higher level of aca21 demic and industry knowledge and skills in 

22 career and technical education; and 

23 ‘‘(D) are integrated with the teacher cer24 tification or licensing and professional develop25 ment activities that the State carries out under 
76 

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1 title II of the Elementary and Secondary Edu2 cation Act of 1965 and title II of the Higher 

3 Education Act of 1965;’’; 

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

5 for’’ and inserting ‘‘supporting’’; 

6 (E) in paragraph (5), by striking ‘‘non7 traditional training and employment’’ and in8 serting ‘‘nontraditional fields in emerging and 

9 established professions, and other activities that 

10 expose students, including special populations, 

11 to high skill, high wage occupations’’; 

12 (F) in paragraph (6)— 

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

14 ‘‘labor organizations,’’; and 

15 (ii) by inserting ‘‘, or complete career 

16 pathways, as described in section 

17 122(c)(1)(A)’’ after ‘‘skills’’; 

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

19 after the semicolon; 

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

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

22 occupations; and’’; and 

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

24 ‘‘(9) technical assistance for eligible recipi25 ents.’’; 
77 

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

2 following: 

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

4 activities described in subsection (a) may include— 

5 ‘‘(1) improvement of career guidance and aca6 demic counseling programs that assist students in 

7 making informed academic, and career and technical 

8 education, decisions, including encouraging sec9 ondary and postsecondary students to graduate with 

10 a diploma or degree, and expose students to high 

11 skill, high wage occupations and nontraditional fields 

12 in emerging and established professions; 

13 ‘‘(2) establishment of agreements, including ar14 ticulation agreements, between secondary and post15 secondary career and technical education programs 

16 in order to provide postsecondary education and 

17 training opportunities for students participating in 

18 such career and technical education programs, such 

19 as tech-prep programs; 

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

21 organizations, especially with respect to efforts to in22 crease the participation of students who are mem23 bers of special populations; 
78 

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1 ‘‘(4) support for public charter schools oper2 ating secondary career and technical education pro3 grams; 

4 ‘‘(5) support for career and technical education 

5 programs that offer experience in, and under6 standing of, all aspects of an industry for which stu7 dents are preparing to enter; 

8 ‘‘(6) support for family and consumer sciences 

9 programs; 

10 ‘‘(7) support for partnerships between edu11 cation and business or business intermediaries, in12 cluding cooperative education and adjunct faculty 

13 arrangements at the secondary and postsecondary 

14 levels; 

15 ‘‘(8) support to improve or develop new career 

16 and technical education courses and initiatives, in17 cluding career clusters, career academies, and dis18 tance learning, that prepare individuals academically 

19 and technically for high skill, high wage, or high de20 mand occupations; 

21 ‘‘(9) awarding incentive grants to eligible recipi22 ents for exemplary performance in carrying out pro23 grams under this Act, which awards shall be based 

24 on local performance indicators, as described in sec-
79 

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1 tion 113, in accordance with previously publicly dis2 closed priorities; 

3 ‘‘(10) providing career and technical education 

4 programs for adults and school dropouts to complete 

5 their secondary school education; 

6 ‘‘(11) providing assistance to individuals, who 

7 have participated in services and activities under 

8 this title, in finding an appropriate job and con9 tinuing their education or training through collabo10 ration with the workforce investment system estab11 lished under the Workforce Investment Act of 1998 

12 (29 U.S.C. 2801 et seq.); 

13 ‘‘(12) developing valid and reliable assessments 

14 of technical skills that are integrated with industry 

15 certification assessments where available; 

16 ‘‘(13) developing and enhancing data systems to 

17 collect and analyze data on secondary and postsec18 ondary academic and employment outcomes; 

19 ‘‘(14) improving— 

20 ‘‘(A) the recruitment and retention of ca21 reer and technical education teachers, faculty, 

22 principals, administrators, and career guidance 

23 and academic counselors, including individuals 

24 in groups underrepresented in the teaching pro25 fession; and 
80 

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1 ‘‘(B) the transition to teaching from busi2 ness and industry, including small business; and 

3 ‘‘(15) adopting, calculating, or commissioning a 

4 self-sufficiency standard.’’; and 

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

6 and inserting ‘‘112(a)(2)(A)’’. 

7 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY 

8 SCHOOL PROGRAMS. 

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

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

11 appears and inserting ‘‘career’’; 

12 (2) by striking subsection (a); 

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

14 as subsections (a) through (h), respectively; 

15 (4) in subsection (a) (as redesignated by para16 graph (3) of this section)— 

17 (A) in the subsection heading, by striking 

18 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC19 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS20 TRIBUTION RULES’’; and 

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

22 succeeding fiscal years’’; 

23 (5) in subsection (b) (as redesignated by para24 graph (3) of this section)— 
81 

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1 (A) by striking ‘‘subsection (b)’’ and in2 serting ‘‘subsection (a)’’; and 

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

4 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’; 

5 (6) in subsection (e) (as redesignated by para6 graph (3) of this section), in the subsection heading, 

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

8 and 

9 (7) in subsection (g) (as redesignated by para10 graph (3) of this section), by striking ‘‘subsections 

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

12 (b), and (c)’’. 

13 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY 

14 CAREER AND TECHNICAL EDUCATION PRO15 GRAMS. 

16 Section 132 (20 U.S.C. 2352) is amended by striking 

17 the section heading and inserting the following: 

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

19 CAREER AND TECHNICAL EDUCATION PRO20 GRAMS.’’. 

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: 
82 

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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 and 

14 (2) in subsection (b), by striking paragraphs 

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

16 ‘‘(1) describe how the career and technical edu17 cation programs required under section 135(b) will 

18 be carried out with funds received under this title; 

19 ‘‘(2) describe how the career and technical edu20 cation activities will be carried out with respect to 

21 meeting State and local adjusted levels of perform22 ance established under section 113; 

23 ‘‘(3) describe how the eligible recipient will— 

24 ‘‘(A) offer the appropriate courses of not 

25 less than 1 of the career pathways described in 

26 section 122(c)(1)(A); 
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1 ‘‘(B) improve the academic and technical 

2 skills of students participating in career and 

3 technical education programs by strengthening 

4 the academic and career and technical edu5 cation components of such programs through 

6 the integration of challenging academics with 

7 career and technical education programs 

8 through a coherent sequence of courses to en9 sure learning in the core academic subjects, and 

10 career and technical education subjects; 

11 ‘‘(C) provide students with strong experi12 ence in and understanding of all aspects of an 

13 industry; and 

14 ‘‘(D) ensure that students who participate 

15 in such career and technical education pro16 grams are taught to the same challenging aca17 demic proficiencies as are taught for all other 

18 students; 

19 ‘‘(4) describe how comprehensive professional 

20 development will be provided that is consistent with 

21 section 122; 

22 ‘‘(5) describe how parents, students, academic 

23 and career and technical education teachers, faculty, 

24 principals, administrators, career guidance and aca25 demic counselors, representatives of tech-prep con-
84 

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1 sortia (if applicable), representatives of business (in2 cluding small business) and industry, labor organiza3 tions, representatives of special populations, and 

4 other interested individuals are involved in the devel5 opment, implementation, and evaluation of career 

6 and technical education programs assisted under 

7 this title, and how such individuals and entities are 

8 effectively informed about, and assisted in, under9 standing, the requirements of this title, including ca10 reer pathways; 

11 ‘‘(6) provide assurances that the eligible recipi12 ent will provide a career and technical education 

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

14 bring about improvement in the quality of career 

15 and technical education programs; 

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

17 evaluate and continuously improve the performance 

18 of the eligible recipient; 

19 ‘‘(8) describe how the eligible recipient— 

20 ‘‘(A) will review career and technical edu21 cation programs, and identify and adopt strate22 gies to overcome barriers that result in lowering 

23 rates of access to or lowering success in the 

24 programs, for special populations; and 
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1 ‘‘(B) will provide programs that are de2 signed to enable the special populations to meet 

3 the local adjusted levels of performance and 

4 prepare for high skill, high wage, or high de5 mand occupations, including those that will lead 

6 to self-sufficiency; 

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

8 of special populations will not be discriminated 

9 against on the basis of their status as members of 

10 the special populations; 

11 ‘‘(10) describe how funds will be used to pro12 mote preparation for nontraditional fields; 

13 ‘‘(11) describe how career guidance and aca14 demic counseling will be provided to all career and 

15 technical education students; and 

16 ‘‘(12) describe efforts to improve the recruit17 ment and retention of career and technical education 

18 teachers, faculty, counselors, principals, and admin19 istrators, including individuals in groups underrep20 resented in the teaching profession, and the transi21 tion to teaching from business and industry.’’. 

22 SEC. 118. LOCAL USES OF FUNDS. 

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

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

25 and inserting ‘‘career’’; 
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1 (2) in subsection (b)— 

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

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

4 and 

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

6 and inserting the following: 

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

8 technical education skills of students participating in 

9 career and technical education programs by 

10 strengthening the academic and career and technical 

11 education components of such programs through the 

12 integration of academics with career and technical 

13 education programs through a coherent sequence of 

14 courses, such as career pathways described in sec15 tion 122(c)(1)(A), to ensure learning in the core 

16 academic subjects and career and technical edu17 cation subjects; 

18 ‘‘(2) link secondary career and technical edu19 cation and postsecondary career and technical edu20 cation, including by— 

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

22 less than 1 career pathway described in section 

23 122(c)(1)(A); 
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1 ‘‘(B) developing and supporting articula2 tion agreements between secondary and postsec3 ondary institutions; or 

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

5 consortia; 

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

7 and understanding of all aspects of an industry; 

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

9 technology in career and technical education, which 

10 may include— 

11 ‘‘(A) training of career and technical edu12 cation teachers, faculty, principals, and admin13 istrators to use technology, including distance 

14 learning; or 

15 ‘‘(B) encouraging schools to collaborate 

16 with technology industries to offer voluntary in17 ternships and mentoring programs; 

18 ‘‘(5) provide professional development programs 

19 that are consistent with section 122 to secondary 

20 and postsecondary teachers, faculty, principals, ad21 ministrators, and career guidance and academic 

22 counselors who are involved in integrated career and 

23 technical education programs, including— 

24 ‘‘(A) in-service and pre-service training— 
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1 ‘‘(i) in career and technical education 

2 programs and techniques; 

3 ‘‘(ii) in effective integration of chal4 lenging academic and career and technical 

5 education jointly with academic teachers, 

6 to the extent practicable; 

7 ‘‘(iii) in effective teaching skills based 

8 on research that includes promising prac9 tices; and 

10 ‘‘(iv) in effective practices to improve 

11 parental and community involvement; 

12 ‘‘(B) support of education programs that 

13 provide information on all aspects of an indus14 try; 

15 ‘‘(C) internship programs that provide rel16 evant business experience; and 

17 ‘‘(D) programs dedicated to the effective 

18 use of instructional technology; 

19 ‘‘(6) develop and implement evaluations of the 

20 career and technical education programs carried out 

21 with funds under this title, including an assessment 

22 of how the needs of special populations are being 

23 met; 
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1 ‘‘(7) initiate, improve, expand, and modernize 

2 quality career and technical education programs, in3 cluding relevant technology; 

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

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

6 ‘‘(9) provide activities to prepare special popu7 lations, including single parents and displaced home8 makers, for high skill, high wage, or high demand 

9 occupations, including those that will lead to self10 sufficiency.’’; and 

11 (3) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘voca13 tional’’ and inserting ‘‘career’’; and 

14 (B) by striking paragraphs (2) through 

15 (15) and inserting the following: 

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

17 counseling that is based on current labor market in18 dicators, as provided pursuant to section 118, for 

19 students participating in career and technical edu20 cation programs that— 

21 ‘‘(A) improves graduation rates and pro22 vides information on postsecondary and career 

23 options for secondary students, which activities 

24 may include the use of graduation and career 

25 plans; and 
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1 ‘‘(B) provides assistance for postsecondary 

2 students, including for adult students who are 

3 changing careers or updating skills; 

4 ‘‘(3) for partnerships between the eligible recipi5 ent and businesses, including small businesses and 

6 business intermediaries, including for— 

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

8 such as internships, cooperative education, 

9 school-based enterprises, entrepreneurship, and 

10 job shadowing that are related to career and 

11 technical education programs; 

12 ‘‘(B) adjunct faculty arrangements at the 

13 secondary and postsecondary levels; and 

14 ‘‘(C) industry experience for teachers and 

15 faculty; 

16 ‘‘(4) to provide programs for special popu17 lations; 

18 ‘‘(5) to assist career and technical student orga19 nizations; 

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

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

22 adapting instructional equipment; 

23 ‘‘(8) for teacher preparation programs that ad24 dress the integration of academic and career and 

25 technical education and that assist individuals who 
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1 are interested in becoming career and technical edu2 cation teachers and faculty, including individuals 

3 with experience in business and industry; 

4 ‘‘(9) to develop and expand postsecondary pro5 gram offerings at times and in formats that are con6 venient and accessible for working students, includ7 ing through the use of distance education; 

8 ‘‘(10) for improving or developing new career 

9 and technical education courses, including develop10 ment of new career pathways; 

11 ‘‘(11) to develop and support small, personal12 ized career-themed learning communities; 

13 ‘‘(12) to provide support for family and con14 sumer sciences programs; 

15 ‘‘(13) to provide career and technical education 

16 programs for adults and school dropouts to complete 

17 their secondary school education or upgrade their 

18 technical skills; 

19 ‘‘(14) to provide assistance to individuals who 

20 have participated in services and activities under 

21 this title in finding an appropriate job and con22 tinuing their education or training through collabo23 ration with the workforce investment system estab24 lished under the Workforce Investment Act of 1998 

25 (29 U.S.C. 2801 et seq.); 
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1 ‘‘(15) to support activities in nontraditional 

2 fields, such as mentoring and outreach; and 

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

4 education activities that are consistent with the pur5 pose of this Act.’’. 

6 SEC. 119. TECH-PREP EDUCATION. 

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

8 seq.) is amended— 

9 (1) by striking the title heading and inserting 

10 the following: 

11 ‘‘PART D—TECH-PREP EDUCATION’’; 

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

13 and 

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

15 and 208, as sections 141, 142, 143, and 144, re16 spectively. 

17 (b) STATE ALLOTMENT AND APPLICATION.—Section 

18 141 (as redesignated by subsection (a) of this section) is 

19 amended— 

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

21 and inserting ‘‘section 144’’; and 

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

23 following: 

24 ‘‘(c) STATE APPLICATION.—Each eligible agency de25 siring assistance under this part shall submit an applica-
93 

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1 tion to the Secretary at such time, in such manner, and 

2 accompanied by such information as the Secretary may 

3 require. Such application shall describe how activities 

4 under this part will be coordinated, to the extent prac5 ticable, with activities described in section 122.’’. 

6 (c) TECH-PREP EDUCATION.—Section 142 (as redes7 ignated by subsection (a) of this section) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘section 203’’ and in11 serting ‘‘section 141’’; 

12 (ii) by striking ‘‘title’’ and inserting 

13 ‘‘part’’; 

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

15 places the term appears and inserting ‘‘ca16 reer’’; and 

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

18 ‘‘, educational service agency,’’ after ‘‘in19 termediate educational agency’’; and 

20 (B) in paragraph (2)— 

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

22 ‘‘and’’; 

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

24 the period at the end and inserting a semi25 colon; and 
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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(C) employers, including small businesses, 

4 or business intermediaries; and 

5 ‘‘(D) labor organizations.’’; 

6 (2) in subsection (c)— 

7 (A) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) consist of not less than 2 years of sec10 ondary school with a common core of technical skills 

11 and core academic subjects preceding graduation 

12 and 2 years or more of higher education, or an ap13 prenticeship program of not less than 2 years fol14 lowing secondary instruction, designed to lead to 

15 technical skill proficiency, a credential, a certificate, 

16 or a degree, in a specific career field;’’; 

17 (B) in paragraph (3)(B), by inserting ‘‘in18 cluding through the use of articulation agree19 ments, and’’ after ‘‘career fields,’’; 

20 (C) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) include in-service professional development 

23 for teachers, faculty, principals, and administrators 

24 that— 
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1 ‘‘(A) supports effective implementation of 

2 tech-prep programs; 

3 ‘‘(B) supports joint training in the tech4 prep consortium; 

5 ‘‘(C) supports the needs, expectations, and 

6 methods of business and all aspects of an in7 dustry; 

8 ‘‘(D) supports the use of contextual and 

9 applied curricula, instruction, and assessment; 

10 ‘‘(E) supports the use and application of 

11 technology; and 

12 ‘‘(F) assists in accessing and utilizing 

13 data, including labor market indicators, achieve14 ment, and assessments;’’; 

15 (D) in paragraph (5)— 

16 (i) by striking ‘‘training’’ and insert17 ing ‘‘professional development’’; 

18 (ii) in subparagraph (B), by inserting 

19 ‘‘, which may include through the use of 

20 graduation and career plans’’ after ‘‘pro21 grams’’; 

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

23 ‘‘and’’; 

24 (iv) in subparagraph (E), by inserting 

25 ‘‘and’’ after the semicolon; and 
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1 (v) by adding at the end the following: 

2 ‘‘(F) provide comprehensive career guid3 ance and academic counseling to participating 

4 students, including special populations;’’; 

5 (E) in paragraph (6)— 

6 (i) by inserting ‘‘(including pre-ap7 prenticeship programs)’’ after ‘‘programs’’; 

8 and 

9 (ii) by striking ‘‘and’’ after the semi10 colon; 

11 (F) in paragraph (7), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(8) coordinate with activities conducted under 

15 this title.’’; and 

16 (3) in subsection (d)— 

17 (A) in paragraph (2), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (3), by striking the pe20 riod at the end and inserting a semicolon; and 

21 (C) by adding at the end the following: 

22 ‘‘(4) improve career guidance and academic 

23 counseling for participating students through the de24 velopment and implementation of graduation and ca25 reer plans; and 
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1 ‘‘(5) develop curriculum that supports effective 

2 transitions between secondary and postsecondary ca3 reer and technical education programs.’’. 

4 (d) CONSORTIUM APPLICATIONS.—Section 143 (as 

5 redesignated by subsection (a) of this section) is amend6 ed— 

7 (1) in subsection (a), by striking ‘‘title’’ and in8 serting ‘‘part’’; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and 

11 (B) by striking ‘‘title’’ and inserting 

12 ‘‘part’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (1), by inserting ‘‘or ad15 vanced’’ after ‘‘baccalaureate’’; 

16 (B) by striking paragraph (4) and insert17 ing the following: 

18 ‘‘(4) provide education and training in areas or 

19 skills, including emerging technology, in which there 

20 are significant workforce shortages based on the 

21 data provided by the entity in the State under sec22 tion 118;’’; 

23 (C) in paragraph (5), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (D) by adding at the end the following: 
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1 ‘‘(6) demonstrate success in, or provide assur2 ances of, coordination and integration with eligible 

3 recipients described in part C.’’; and 

4 (4) in subsection (e), by striking ‘‘title’’ and in5 serting ‘‘part’’. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 144 (as redesignated by subsection (a) of this section) is 

8 amended— 

9 (1) by striking ‘‘title (other than section 207)’’ 

10 and inserting ‘‘part’’; and 

11 (2) by striking ‘‘1999 and each of the 4’’ and 

12 inserting ‘‘2006 and each of the 5’’. 

13 TITLE II—GENERAL PROVISIONS 

14 SEC. 201. REDESIGNATION OF TITLE. 

15 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title 

16 III (20 U.S.C. 2391 et seq.) is amended by redesignating 

17 sections 311 through 318 as sections 211 through 218, 

18 respectively. 

19 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III 

20 (20 U.S.C. 2391 et seq.) is amended by redesignating sec21 tions 321 through 325 as sections 221 through 225, re22 spectively. 

23 (c) TITLE HEADING.—The title heading of title III 

24 (20 U.S.C. 2391 et seq.) is amended to read as follows: 
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1 ‘‘TITLE II—GENERAL 

2 PROVISIONS’’. 

3 SEC. 202. FISCAL REQUIREMENTS. 

4 Section 211 (as redesignated by section 201 of this 

5 Act) is amended— 

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

7 appears and inserting ‘‘career’’; and 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) DETERMINATION.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraphs (B) and (C), no payments shall 

14 be made under this Act for any fiscal year to 

15 a State for career and technical education pro16 grams or tech-prep programs unless the Sec17 retary determines that the average fiscal effort 

18 per student or the aggregate expenditures of 

19 such State for career and technical education 

20 programs for the 3 fiscal years preceding the 

21 fiscal year for which the determination is made, 

22 equaled or exceeded such effort or expenditures 

23 for career and technical education programs, 

24 for the 3 fiscal years preceding the fiscal year 

25 for which the determination is made. 
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1 ‘‘(B) COMPUTATION.—In computing the 

2 average fiscal effort or aggregate expenditures 

3 pursuant to subparagraph (A), the Secretary 

4 shall exclude capital expenditures, special one5 time project costs, and the cost of pilot pro6 grams. 

7 ‘‘(C) DECREASE IN FEDERAL SUPPORT.— 

8 If the amount made available for career and 

9 technical education programs under this Act for 

10 a fiscal year is less than the amount made 

11 available for career and technical education pro12 grams under this Act for the preceding fiscal 

13 year, then the average fiscal effort per student 

14 or the aggregate expenditures of a State re15 quired by subparagraph (A) for the 3 preceding 

16 fiscal years shall be decreased by the same per17 centage as the percentage decrease in the 

18 amount so made available.’’; and 

19 (B) in paragraph (2), by striking ‘‘fiscal 

20 effort’’ both places the term appears and insert21 ing ‘‘average fiscal effort’’. 

22 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION. 

23 Section 214 (as redesignated by section 201 of this 

24 Act) is amended by striking ‘‘vocational’’ both places the 

25 term appears and inserting ‘‘career’’. 
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1 SEC. 204. LIMITATION FOR CERTAIN STUDENTS. 

2 Section 215 (as redesignated by section 201 of this 

3 Act) is amended by striking ‘‘vocational’’ and inserting 

4 ‘‘career’’. 

5 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION 

6 OF PRIVATE SCHOOL PERSONNEL. 

7 Part A of title II (as redesignated by section 201 of 

8 this Act) is amended— 

9 (1) by striking section 217; 

10 (2) by redesignating section 218 as section 217; 

11 and 

12 (3) in section 217 (as redesignated by para13 graph (2) of this section)— 

14 (A) by inserting ‘‘principals,’’ after ‘‘for 

15 vocational and technical education teachers,’’; 

16 (B) by inserting ‘‘principals,’’ after ‘‘of vo17 cational and technical education teachers,’’; and 

18 (C) by striking ‘‘vocational’’ each place the 

19 term appears and inserting ‘‘career’’. 

20 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL 

21 PROGRAMS. 

22 Section 225(c) (as redesignated by section 201 of this 

23 Act) is amended— 

24 (1) in the subsection heading, by striking ‘‘VO25 CATIONAL’’ and inserting ‘‘CAREER’’; and 
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1 (2) by striking ‘‘vocational’’ both places the 

2 term appears and inserting ‘‘career’’. 

3 SEC. 207. TABLE OF CONTENTS. 

4 Section 1(b) (20 U.S.C. 2301 note) is amended to 

5 read as follows: 

6 ‘‘(b) TABLE OF CONTENTS.—The table of contents 

7 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. 

‘‘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
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‘‘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. 

‘‘Sec. 224. Limitation on Federal regulations. 

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

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Carl 

3 D. Perkins Career and Technical Education Improvement 

4 Act of 2005’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 
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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. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Carl D. Perkins Vocational and Tech7 nical Education Act of 1998 (20 U.S.C. 2301 et seq.). 

8 SEC. 3. PURPOSE. 

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

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

11 appears and inserting ‘‘career’’; 

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

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

14 students in meeting such standards, including student 

15 academic achievement standards, especially in prepa-
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1 ration for high skill, high wage, or high demand occu2 pations in emerging or established professions’’; 

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

4 after ‘‘integrate’’; 

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

6 semicolon; 

7 (5) in paragraph (4)— 

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

9 ‘‘disseminating national’’; 

10 (B) by inserting ‘‘disseminating informa11 tion on best practices,’’ after ‘‘national re12 search,’’; and 

13 (C) by striking the period at the end and 

14 inserting a semicolon; and 

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

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

17 and professional development at the State and local 

18 levels, and developing research and best practices for 

19 improving the quality of career and technical edu20 cation teachers, faculty, principals, administrators, 

21 and counselors; 

22 ‘‘(6) supporting partnerships among secondary 

23 schools, postsecondary institutions, baccalaureate de24 gree granting institutions, area career technical cen25 ters, local workforce investment boards, business and 
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1 industry, professional associations, and inter2 mediaries; and 

3 ‘‘(7) developing a highly skilled workforce needed 

4 to keep America competitive in the global economy in 

5 conjunction with other Federal education and train6 ing programs, including workforce investment pro7 grams, that provide lifelong learning for the workforce 

8 of today and tomorrow.’’. 

9 SEC. 4. DEFINITIONS. 

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

11 (1) by striking paragraphs (29) and (30); 

12 (2) by redesignating paragraphs (5), (6), (7) 

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

14 and (23) through (28), as paragraphs (10), (12), (14) 

15 through (19), (21) through (24), (26) through (31), 

16 and (33) through (38), respectively; 

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

18 employment statistics and information relating to na19 tional, regional, and local labor market areas, as pro20 vided pursuant to section 118, and career ladder in21 formation, where appropriate’’ after ‘‘to enter’’; 

22 (4) in paragraph (3)— 

23 (A) in the paragraph heading, by striking 

24 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and 
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1 (B) by striking ‘‘vocational’’ each place the 

2 term appears and inserting ‘‘career’’; 

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

4 following: 

5 ‘‘(4) ARTICULATION AGREEMENT.—The term ‘ar6 ticulation agreement’ means a written commitment— 

7 ‘‘(A) that is approved annually by the rel8 evant administrators of— 

9 ‘‘(i) a secondary institution and a 

10 postsecondary educational institution; or 

11 ‘‘(ii) a sub-baccalaureate degree grant12 ing postsecondary educational institution 

13 and a baccalaureate degree granting post14 secondary educational institution; and 

15 ‘‘(B) to a program that is designed to pro16 vide students with a nonduplicative sequence of 

17 progressive achievement leading to technical skill 

18 proficiency, a credential, a certificate, or a de19 gree, and linked through credit transfer agree20 ments.’’; 

21 (6) by inserting after paragraph (4) (as amend22 ed by paragraph (5)) the following: 

23 ‘‘(5) CAREER AND TECHNICAL EDUCATION.—The 

24 term ‘career and technical education’ means orga25 nized educational activities that— 
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1 ‘‘(A) offer a sequence of courses (which may 

2 include work-based learning experiences) that— 

3 ‘‘(i) provides individuals with the chal4 lenging academic and technical knowledge 

5 and skills the individuals need to prepare 

6 for further education and for careers in 

7 emerging and established professions; and 

8 ‘‘(ii) may lead to technical skill pro9 ficiency, a credential, a certificate, or a de10 gree; and 

11 ‘‘(B) include competency-based applied 

12 learning that contributes to the academic knowl13 edge, higher-order reasoning and problem-solving 

14 skills, work attitudes, general employability 

15 skills, technical skills, occupation-specific skills, 

16 and knowledge of all aspects of an industry, in17 cluding entrepreneurship, of an individual. 

18 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU19 DENT.—The term ‘career and technical education stu20 dent’ means a student who enrolls in a clearly defined 

21 sequence of career and technical education courses 

22 (which may include work-based learning experiences) 

23 leading to attainment of technical skill proficiency, a 

24 credential, a certificate, or a degree. 
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1 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGANI2 ZATION.— 

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

4 technical student organization’ means an organi5 zation for individuals enrolled in a career and 

6 technical education program that engages in ca7 reer and technical education activities as an in8 tegral part of the instructional program. 

9 ‘‘(B) STATE AND NATIONAL UNITS.—An or10 ganization described in subparagraph (A) may 

11 have State and national units that aggregate the 

12 work and purposes of instruction in career and 

13 technical education at the local level. 

14 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN15 SELING.—The term ‘career guidance and academic 

16 counseling’ means providing access to information re17 garding career awareness and planning with respect 

18 to an individual’s occupational and academic future 

19 that shall involve guidance and counseling with re20 spect to career options, including baccalaureate degree 

21 programs, financial aid, and postsecondary options. 

22 ‘‘(9) CAREER PATHWAY.—The term ‘career path23 way’ means a coordinated and nonduplicative se24 quence of courses (which may include work-based 

25 learning experiences) and associated credits that— 
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1 ‘‘(A) shall identify both secondary and post2 secondary education elements; 

3 ‘‘(B) shall include challenging academic 

4 and career and technical education content that 

5 adequately prepares students to pursue the post6 secondary education element identified under 

7 subparagraph (A); 

8 ‘‘(C) may include the opportunity for sec9 ondary students to participate in dual or con10 current enrollment programs or other ways to 

11 acquire postsecondary credits; and 

12 ‘‘(D) culminates in technical skill pro13 ficiency, an industry-recognized credential, a 

14 certificate, a degree, or completion of a recog15 nized apprenticeship program.’’; 

16 (7) in paragraph (10) (as redesignated by para17 graph (2)), by striking ‘‘5206’’ and inserting ‘‘5210’’; 

18 (8) by inserting after paragraph (10) (as redes19 ignated by paragraph (2)) the following: 

20 ‘‘(11) COMMUNITY COLLEGE.—The term ‘commu21 nity college’— 

22 ‘‘(A) means an institution of higher edu23 cation, as defined in section 101 of the Higher 

24 Education Act of 1965, that provides not less 
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1 than a 2-year program that is acceptable for full 

2 credit toward a baccalaureate degree; and 

3 ‘‘(B) includes tribally controlled colleges or 

4 universities.’’; 

5 (9) in paragraph (12) (as redesignated by para6 graph (2))— 

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

8 inserting ‘‘method’’; and 

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

10 ‘‘career’’; 

11 (10) by inserting after paragraph (12) (as redes12 ignated by paragraph (2) and amended by paragraph 

13 (9)) the following: 

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

15 ‘core academic subjects’ has the meaning given the 

16 term in section 9101 of the Elementary and Sec17 ondary Education Act of 1965, except that under this 

18 Act such subjects included in such term shall be only 

19 those subjects in a secondary school context.’’; 

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

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

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

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

24 paragraph (2))— 
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1 (A) in subparagraph (A), by striking ‘‘an 

2 institution of higher education’’ and inserting ‘‘a 

3 public or nonprofit private institution of higher 

4 education that offers career and technical edu5 cation courses that lead to technical skill pro6 ficiency, an industry-recognized credential, a 

7 certificate, or a degree’’; and 

8 (B) in subparagraph (C), by striking ‘‘voca9 tional’’ and inserting ‘‘career’’; 

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

11 paragraph (2)), by striking ‘‘agency, an area voca12 tional’’ and inserting ‘‘agency (including a public 

13 charter school that operates as a local educational 

14 agency), an area career’’; 

15 (14) by inserting after paragraph (19) (as redes16 ignated by paragraph (2)) the following: 

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

18 term ‘graduation and career plan’ means a written 

19 plan for a secondary career and technical education 

20 student, that— 

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

22 academic counseling or other professional staff, 

23 and in consultation with parents, not later than 

24 in the first year of secondary school or upon en25 rollment in career and technical education; 
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1 ‘‘(B) is reviewed annually and modified as 

2 needed; 

3 ‘‘(C) includes relevant information on— 

4 ‘‘(i) secondary school requirements for 

5 graduating with a diploma; 

6 ‘‘(ii) postsecondary education admis7 sion requirements; and 

8 ‘‘(iii) high skill, high wage, or high de9 mand occupations and nontraditional fields 

10 in emerging and established professions, 

11 and labor market indicators; and 

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

13 graduation goals, postsecondary education and 

14 training, or employment goals, and identifies 1 

15 or more career pathways that correspond to the 

16 goals.’’; 

17 (15) by inserting after paragraph (24) (as redes18 ignated by paragraph (2)) the following: 

19 ‘‘(25) LOCAL WORKFORCE INVESTMENT BOARD.— 

20 The term ‘local workforce investment board’ means a 

21 local workforce investment board established under 

22 section 117 of the Workforce Investment Act of 1998 

23 (29 U.S.C. 2832).’’; 

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

25 paragraph (2))— 
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1 (A) in the paragraph heading, by striking 

2 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

3 ‘‘FIELDS’’; and 

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

5 and inserting ‘‘fields’’; 

6 (17) in paragraph (27) (as redesignated by 

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

8 all that follows through the period and inserting ‘‘and 

9 the Commonwealth of the Northern Mariana Is10 lands.’’; 

11 (18) by inserting after paragraph (31) (as redes12 ignated by paragraph (2)) the following: 

13 ‘‘(32) SELF-SUFFICIENCY.—The term ‘self-suffi14 ciency’ means a standard that is adopted, calculated, 

15 or commissioned by a local area or State, and which 

16 adjusts for local factors, in specifying the income 

17 needs of families, by family size, the number and ages 

18 of children in the family, and sub-State geographical 

19 considerations.’’; 

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

21 paragraph (2))— 

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

23 ‘‘training and employment’’ and inserting 

24 ‘‘fields’’; and 
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1 (B) in subparagraph (F), by striking ‘‘indi2 viduals with other barriers to educational 

3 achievement, including’’; 

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

5 paragraph (2)) by striking ‘‘, and instructional aids 

6 and devices’’ and inserting ‘‘instructional aids, and 

7 work supports’’; 

8 (21) by striking paragraph (36) (as redesignated 

9 by paragraph (2)) and inserting the following: 

10 ‘‘(36) TECH-PREP PROGRAM.—The term ‘tech11 prep program’ means a program of study that— 

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

13 secondary education (as determined under State 

14 law) with a minimum of 2 years of postsec15 ondary education in a nonduplicative, sequential 

16 course of study; 

17 ‘‘(B) integrates academic and career and 

18 technical education instruction, and utilizes 

19 work-based and worksite learning where appro20 priate and available; 

21 ‘‘(C) provides technical preparation in a ca22 reer field, including high skill, high wage, or 

23 high demand occupations; 

24 ‘‘(D) builds student competence in technical 

25 skills and in core academic subjects, as appro-
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1 priate, through applied, contextual, and inte2 grated instruction, in a coherent sequence of 

3 courses (which may include work-based learning 

4 experiences); 

5 ‘‘(E) leads to technical skill proficiency, an 

6 industry-recognized credential, a certificate, or a 

7 degree, in a specific career field; 

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

9 wage employment or to further education; and 

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

11 practicable.’’; and 

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

13 paragraph (2))— 

14 (A) in the paragraph heading, by striking 

15 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; 

16 (B) in the matter preceding subparagraph 

17 (A)— 

18 (i) by striking ‘‘vocational’’ and insert19 ing ‘‘career’’; 

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

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

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

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

24 (C) in subparagraph (F), by striking ‘‘voca25 tional’’ and inserting ‘‘career’’. 
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1 SEC. 5. TRANSITION PROVISIONS. 

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

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

4 Education Act’’ and all that follows through the period and 

5 inserting ‘‘this Act, as this Act was in effect on the day 

6 before the date of enactment of the Carl D. Perkins Career 

7 and Technical Education Improvement Act of 2005. Each 

8 eligible agency shall be assured a full fiscal year for transi9 tion to plan for and implement the requirements of this 

10 Act.’’. 

11 SEC. 6. LIMITATION. 

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

13 second sentence. 

14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

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

17 of title I’’; and 

18 (2) by striking ‘‘1999 through 2003’’ and insert19 ing ‘‘2006 through 2011’’. 

20 TITLE I—CAREER AND TECH21 NICAL EDUCATION ASSIST22 ANCE TO THE STATES 

23 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST24 ANCE TO THE STATES. 

25 Title I (20 U.S.C. 2321 et seq.) is amended by striking 

26 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 2011,’’; 

8 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 Vir13 gin Islands, shall receive for a fiscal year under this 

subsection less than 1 14 ⁄2 of 1 percent of the amount ap15 propriated under section 8 and not reserved under 

16 paragraph (1) for such fiscal year. Amounts necessary 

17 for increasing such payments to States to comply 

18 with the preceding sentence shall be obtained by rat19 ably reducing the amounts to be paid to other States. 

20 ‘‘(4) HOLD HARMLESS.— 

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

22 Notwithstanding paragraph (3), no State shall 

23 receive an allotment under this section for each 

24 of the fiscal years 2006 through 2008 that is less 

25 than the allotment the State received under this 
119 

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1 part (as this part was in effect on the day before 

2 the date of enactment of the Carl D. Perkins Ca3 reer and Technical Education Improvement Act 

4 of 2005) for fiscal year 2005. 

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

6 Notwithstanding paragraph (3), no State shall 

7 receive an allotment under this section for each 

8 of the fiscal years 2009 through 2011 that is less 

9 than 95 percent of the allotment the State re10 ceived under this section for the preceding fiscal 

11 year. 

12 ‘‘(C) RATABLE REDUCTION.—If for any fis13 cal year the amount appropriated for allotments 

14 under this section is insufficient to satisfy the re15 quirements of subparagraph (A) or (B), the pay16 ments to all States under such subparagraph 

17 shall be ratably reduced.’’. 

18 SEC. 103. WITHIN STATE ALLOCATION. 

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

20 (1) in subsection (a)— 

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

22 after the semicolon; and 

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

24 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 in 

4 section 124, of which— 

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

7 individuals in State institutions, such as 

8 State correctional institutions and institu9 tions 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 
121 

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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 under 

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

11 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, which 

23 may include— 

24 ‘‘(i) developing and implementing tech25 nical 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 sup6 porting systems for accountability data col7 lection 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 paragraphs 

11 (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 support 

19 State and local performance accountability sys20 tems’’; and 

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

23 (3) in subsection (b)— 

24 (A) in paragraph (1)— 
123 

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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 edu15 cation 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, as 

25 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 described 

4 in section 1111(b)(3) of such Act, consistent 

5 with State requirements. 

6 ‘‘(iii) Student rates of attainment of— 

7 ‘‘(I) a secondary school diploma; 

8 ‘‘(II) the recognized equivalent of 

9 a secondary school diploma; 

10 ‘‘(III) technical skill proficiency; 

11 ‘‘(IV) an industry-recognized cre12 dential; 

13 ‘‘(V) a certificate; and 

14 ‘‘(VI) a degree. 

15 ‘‘(iv) Placement in postsecondary edu16 cation, military service, apprenticeship pro17 grams, or employment. 

18 ‘‘(v) Student participation in, and 

19 completion of, career and technical edu20 cation programs that lead to employment or 

21 self-employment in nontraditional fields.’’; 

22 (ii) by redesignating subparagraphs 

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

24 through (E), respectively; 
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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) CORE INDICATORS OF PERFORMANCE

4 FOR POSTSECONDARY CAREER AND TECHNICAL

5 STUDENTS.—Each eligible agency shall identify 

6 in the State plan core indicators of performance 

7 for postsecondary career and technical education 

8 students that include, at a minimum, measures 

9 of each of the following: 

10 ‘‘(i) Student achievement on technical 

11 assessments and attainment of career and 

12 technical skill proficiencies that are aligned 

13 with nationally recognized industry stand14 ards, if available and appropriate. 

15 ‘‘(ii) Student attainment of technical 

16 skill proficiency, an industry-recognized 

17 credential, a certificate, or a degree, or re18 tention in postsecondary education, includ19 ing transfer to a baccalaureate degree pro20 gram. 

21 ‘‘(iii) Placement in military service, 

22 apprenticeship programs, or employment. 

23 ‘‘(iv) Student participation in, and 

24 completion of, career and technical edu-
126 

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1 cation programs that lead to employment or 

2 self-employment in— 

3 ‘‘(I) nontraditional fields; and 

4 ‘‘(II) high skill, high wage, high 

5 demand occupations or professions. 

6 ‘‘(v) Increase in earnings, where avail7 able.’’; 

8 (iv) in subparagraph (C) (as redesig9 nated by clause (ii) of this subparagraph), 

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

11 title, such as attainment of self-suffi12 ciency.’’; 

13 (v) in subparagraph (D) (as redesig14 nated by clause (ii) of this subparagraph), 

15 by inserting ‘‘career and technical edu16 cation’’ after ‘‘developed State’’; 

17 (vi) in subparagraph (E) (as redesig18 nated by clause (ii) of this subparagraph)— 

19 (I) by striking ‘‘this paragraph’’ 

20 and inserting ‘‘subparagraphs (A) and 

21 (B)’’; 

22 (II) by striking ‘‘solely’’; and 

23 (III) by striking ‘‘recipients.’’ and 

24 inserting ‘‘recipients, and shall meet 

25 the requirements of this section.’’; and 
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1 (vii) by adding at the end the fol2 lowing: 

3 ‘‘(F) ALIGNMENT OF PERFORMANCE INDICA4 TORS.—In the course of identifying core indica5 tors of performance and additional indicators of 

6 performance, States shall, to the greatest extent 

7 possible, define the indicators so that substan8 tially similar information gathered for other 

9 State and Federal programs, or any other pur10 pose, is used to meet the requirements of this sec11 tion.’’; 

12 (C) in paragraph (3)— 

13 (i) in the paragraph heading, by strik14 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV15 ELS’’; 

16 (ii) in subparagraph (A)— 

17 (I) in clause (i)— 

18 (aa) by striking ‘‘paragraph 

19 (2)(A)’’ and inserting ‘‘subpara20 graphs (A) and (B) of paragraph 

21 (2)’’; 

22 (bb) by inserting ‘‘after tak23 ing into account the local adjusted 

24 levels of performance and’’ after 

25 ‘‘eligible agency,’’; and 
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1 (cc) by striking subclause 

2 (II) and inserting the following: 

3 ‘‘(II) require the eligible recipients 

4 to make continuous and significant 

5 improvement in career and technical 

6 achievement of career and technical 

7 education students, including special 

8 populations.’’; 

9 (II) in clause (v)— 

10 (aa) in the clause heading, 

11 by striking ‘‘3RD, 4TH, AND 5TH’’ 

12 and inserting ‘‘SUBSEQUENT’’; 

13 (bb) by striking ‘‘third pro14 gram year’’ and inserting ‘‘third 

15 and fifth program years’’; and 

16 (cc) by striking ‘‘third, 

17 fourth, and fifth’’ and inserting 

18 ‘‘corresponding subsequent’’; 

19 (III) in clause (vi)(II), by insert20 ing ‘‘and significant’’ after ‘‘contin21 uous’’; and 

22 (IV) in clause (vii), by striking 

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

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

25 ‘‘(2)(B)’’ and inserting ‘‘(2)(C)’’; and 
129 

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

2 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.— 

3 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER4 FORMANCE FOR CORE INDICATORS OF PERFORM5 ANCE.— 

6 ‘‘(i) IN GENERAL.—Each eligible re7 cipient shall agree to accept the State ad8 justed levels of performance established 

9 under paragraph (3) as local adjusted levels 

10 of performance, or negotiate with the State 

11 to reach agreement on new local adjusted 

12 levels of performance, for each of the core 

13 indicators of performance described in sub14 paragraphs (A) and (B) of paragraph (2) 

15 for career and technical education activities 

16 authorized under this title. The levels of per17 formance established under this subpara18 graph shall, at a minimum— 

19 ‘‘(I) be expressed in a percentage 

20 or numerical form, so as to be objec21 tive, quantifiable, and measurable; and 

22 ‘‘(II) require the eligible recipient 

23 to make continuous and significant 

24 improvement in career and technical 
130 

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1 achievement of career and technical 

2 education students. 

3 ‘‘(ii) IDENTIFICATION IN THE LOCAL

4 PLAN.—Each eligible recipient shall iden5 tify, in the local plan submitted under sec6 tion 134, levels of performance for each of 

7 the core indicators of performance for the 

8 first 2 program years covered by the local 

9 plan. 

10 ‘‘(iii) AGREEMENT ON LOCAL AD11 JUSTED LEVELS OF PERFORMANCE FOR

12 FIRST 2 YEARS.—The eligible agency and 

13 each eligible recipient shall reach agree14 ment, as described in clause (i), on the eli15 gible recipient’s levels of performance for 

16 each of the core indicators of performance 

17 for the first 2 program years covered by the 

18 local plan, taking into account the levels 

19 identified in the local plan under clause (ii) 

20 and the factors described in clause (v). The 

21 levels of performance agreed to under this 

22 clause shall be considered to be the local ad23 justed levels of performance for the eligible 

24 recipient for such years and shall be incor-
131 

•S 250 RS

1 porated into the local plan prior to the ap2 proval of such plan. 

3 ‘‘(iv) AGREEMENT ON LOCAL AD4 JUSTED LEVELS OF PERFORMANCE FOR

5 SUBSEQUENT YEARS.—Prior to the third 

6 and fifth program years covered by the local 

7 plan, the eligible agency and each eligible 

8 recipient shall reach agreement on the local 

9 adjusted levels of performance for each of 

10 the core indicators of performance for the 

11 corresponding subsequent program years 

12 covered by the local plan, taking into ac13 count the factors described in clause (v). 

14 The local adjusted levels of performance 

15 agreed to under this clause shall be consid16 ered to be the local adjusted levels of per17 formance for the eligible recipient for such 

18 years and shall be incorporated into the 

19 local plan. 

20 ‘‘(v) FACTORS.—The agreement de21 scribed in clause (iii) or (iv) shall take into 

22 account— 

23 ‘‘(I) how the levels of performance 

24 involved compare with the local ad25 justed levels of performance established 
132 

•S 250 RS

1 for other eligible recipients, taking into 

2 account factors including the charac3 teristics of participants when the par4 ticipants entered the program and the 

5 services or instruction to be provided; 

6 and 

7 ‘‘(II) the extent to which the local 

8 adjusted levels of performance involved 

9 promote continuous and significant 

10 improvement on the core indicators of 

11 performance by the eligible recipient. 

12 ‘‘(vi) REVISIONS.—If unanticipated 

13 circumstances arise with respect to an eligi14 ble recipient resulting in a significant 

15 change in the factor described in clause 

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

17 that the local adjusted levels of performance 

18 agreed to under clause (iii) or (iv) be re19 vised. The eligible agency shall issue objec20 tive criteria and methods for making such 

21 revisions. 

22 ‘‘(B) LEVELS OF PERFORMANCE FOR ADDI23 TIONAL INDICATORS.—Each eligible recipient 

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

25 performance for any additional indicators of 
133 

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

2 Such levels shall be considered to be the local lev3 els of performance for purposes of this title. 

4 ‘‘(C) REPORT.—Each eligible recipient that 

5 receives an allocation under section 131 shall 

6 publicly report, on an annual basis, its progress 

7 in achieving the local adjusted levels of perform8 ance on the core indicators of performance.’’; and 

9 (4) by striking subsection (c)(1)(B) and insert10 ing: 

11 ‘‘(B) information on the levels of perform12 ance achieved by the State with respect to the 

13 additional indicators of performance, including 

14 the levels of performance disaggregated for post15 secondary institutions, by special populations 

16 and gender, and for secondary institutions, by 

17 special populations and by the categories de18 scribed in section 1111(h)(1)(C)(i) of the Ele19 mentary and Secondary Education Act of 1965, 

20 except that such disaggregation shall not be re21 quired in a case in which the number of individ22 uals in a category is insufficient to yield statis23 tically reliable information or the results would 

24 reveal personally identifiable information about 

25 an individual.’’. 
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1 SEC. 105. NATIONAL ACTIVITIES. 

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

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

4 appears and inserting ‘‘career’’; 

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

6 an analysis of performance data regarding special 

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

8 of performance data that is disaggregated for postsec9 ondary institutions, by special populations, and for 

10 secondary institutions, by special populations and by 

11 the categories described in section 1111(h)(1)(C)(i) of 

12 the Elementary and Secondary Education Act of 

13 1965, except that such disaggregation shall not be re14 quired in a case in which the number of individuals 

15 in a category is insufficient to yield statistically reli16 able information or the results would reveal person17 ally identifiable information about an individual’’; 

18 (3) in subsection (c)— 

19 (A) by striking paragraph (2) and inserting 

20 the following: 

21 ‘‘(2) INDEPENDENT ADVISORY PANEL.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall ap23 point an independent advisory panel to advise 

24 the Secretary on the implementation of the as25 sessment described in paragraph (3), including 

26 the issues to be addressed and the methodology of 
135 

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1 the studies involved to ensure that the assessment 

2 adheres to the highest standards of quality. 

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

4 consist of— 

5 ‘‘(i) educators, principals, administra6 tors, and chief executives (including State 

7 directors of career and technical education), 

8 with expertise in the integration of aca9 demic and career and technical education; 

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

11 and assessment; 

12 ‘‘(iii) representatives of labor organiza13 tions and businesses, including small busi14 nesses, economic development entities, and 

15 State workforce investment boards estab16 lished under section 111 of the Workforce 

17 Investment Act of 1998 (29 U.S.C. 2821) or 

18 local workforce investment boards; 

19 ‘‘(iv) parents; 

20 ‘‘(v) career guidance and academic 

21 counseling professionals; and 

22 ‘‘(vi) other individuals and inter23 mediaries with relevant expertise. 

24 ‘‘(C) INDEPENDENT ANALYSIS.—The advi25 sory panel shall transmit to the Secretary and to 
136 

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1 the relevant committees of Congress an inde2 pendent analysis of the findings and rec3 ommendations resulting from the assessment de4 scribed in paragraph (3). 

5 ‘‘(D) FACA.—The Federal Advisory Com6 mittee Act (5 U.S.C. App.) shall not apply to the 

7 panel established under this paragraph.’’; 

8 (B) in paragraph (3)— 

9 (i) by striking subparagraph (A) and 

10 inserting the following: 

11 ‘‘(A) IN GENERAL.—From amounts made 

12 available under subsection (d), the Secretary 

13 shall provide for the conduct of an independent 

14 evaluation and assessment of career and tech15 nical education programs under this Act, includ16 ing the implementation of the Carl D. Perkins 

17 Career and Technical Education Improvement 

18 Act of 2005, to the extent practicable, through 

19 studies and analyses conducted independently 

20 through grants, contracts, and cooperative agree21 ments that are awarded on a competitive basis.’’; 

22 (ii) in subparagraph (B)— 

23 (I) by striking clause (iii) and in24 serting the following: 
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1 ‘‘(iii) the preparation and qualifica2 tions of teachers and faculty of career and 

3 technical education, as well as shortages of 

4 such teachers and faculty;’’; 

5 (II) by striking clause (v) and in6 serting the following: 

7 ‘‘(v) academic and career and technical 

8 education achievement and employment out9 comes of career and technical education stu10 dents, including analyses of— 

11 ‘‘(I) the number of career and 

12 technical education students and tech13 prep students who meet the State ad14 justed levels of performance established 

15 under section 113; 

16 ‘‘(II) the extent and success of in17 tegration of challenging academic and 

18 career and technical education for stu19 dents participating in career and tech20 nical education programs; 

21 ‘‘(III) the extent to which career 

22 and technical education programs pre23 pare students, including special popu24 lations, for subsequent employment in 

25 high skill, high wage occupations, or 
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1 participation in postsecondary edu2 cation; and 

3 ‘‘(IV) the number of career and 

4 technical education students receiving 

5 a high school diploma;’’; 

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

7 ‘‘, and career and technical education 

8 students’ preparation for employment’’ 

9 after ‘‘programs’’; and 

10 (IV) in clause (viii), by inserting 

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

12 such term appears; and 

13 (iii) in subparagraph (C)— 

14 (I) in clause (i)— 

15 (aa) by striking ‘‘Committee 

16 on Education’’ and all that fol17 lows through ‘‘Senate’’ and insert18 ing ‘‘relevant committees of Con19 gress’’; and 

20 (bb) by striking ‘‘2002’’ both 

21 places it appears and inserting 

22 ‘‘2009’’; and 

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

24 ‘‘Committee on Education’’ and all 

25 that follows through ‘‘Senate’’ and in-
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1 serting ‘‘relevant committees of Con2 gress’’; 

3 (C) in paragraph (4)(B), by striking ‘‘Com4 mittee on Education’’ and all that follows 

5 through ‘‘Senate’’ and inserting ‘‘relevant com6 mittees of Congress’’; 

7 (D) in paragraph (5)— 

8 (i) in subparagraph (A)— 

9 (I) in the matter preceding clause 

10 (i), by striking ‘‘higher education’’ and 

11 all that follows through ‘‘centers’’ and 

12 inserting ‘‘higher education offering 

13 comprehensive graduate programs in 

14 career and technical education that 

15 shall be the primary recipient and 

16 shall collaborate with a public or pri17 vate nonprofit organization or agency, 

18 or a consortium of such institutions, 

19 organizations, or agencies, to establish 

20 a national research center’’; 

21 (II) in clause (i)— 

22 (aa) by inserting ‘‘and eval23 uation’’ after ‘‘to carry out re24 search’’; and 
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1 (bb) by inserting ‘‘, including 

2 special populations,’’ after ‘‘par3 ticipants’’; 

4 (III) by redesignating clauses (ii), 

5 (iii), and (iv), as clauses (iii), (iv), 

6 and (v), respectively; 

7 (IV) by inserting after clause (i) 

8 the following: 

9 ‘‘(ii) to carry out research for the pur10 pose of developing, improving, and identi11 fying the most successful methods for suc12 cessfully addressing the needs of employers 

13 in high skill, high wage business and indus14 try, including evaluation and scientifically 

15 based research of— 

16 ‘‘(I) collaboration between career 

17 and technical education programs and 

18 business and industry; 

19 ‘‘(II) academic and technical 

20 skills required to respond to the chal21 lenge of a global economy and rapid 

22 technological changes; and 

23 ‘‘(III) technical knowledge and 

24 skills required to respond to needs of a 
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1 regional or sectoral workforce, includ2 ing small business;’’; 

3 (V) in clause (iii) (as redesignated 

4 by subclause (III) of this clause), by 

5 inserting ‘‘that are integrated with 

6 challenging academic instruction’’ be7 fore ‘‘, including’’; and 

8 (VI) by striking clause (iv) (as re9 designated by subclause (III) of this 

10 clause) and inserting the following: 

11 ‘‘(iv) to carry out scientifically based 

12 research, where appropriate, that can be 

13 used to improve preparation and profes14 sional development of teachers, faculty, 

15 principals, and administrators and student 

16 learning in the career and technical edu17 cation classroom, including— 

18 ‘‘(I) effective in-service and pre19 service teacher and faculty education 

20 that assists career and technical edu21 cation programs in— 

22 ‘‘(aa) integrating those pro23 grams with academic content 

24 standards and student academic 

25 achievement standards, as adopted 
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1 by States under section 1111(b)(1) 

2 of the Elementary and Secondary 

3 Education Act of 1965; and 

4 ‘‘(bb) promoting technical 

5 education aligned with industry6 based standards and certifications 

7 to meet regional industry needs; 

8 ‘‘(II) dissemination and training 

9 activities related to the applied re10 search and demonstration activities de11 scribed in this subsection, which may 

12 also include serving as a repository for 

13 information on career and technical 

14 education skills, State academic stand15 ards, and related materials; and 

16 ‘‘(III) the recruitment and reten17 tion of career and technical education 

18 teachers, faculty, counselors, prin19 cipals, and administrators, including 

20 individuals in groups underrepresented 

21 in the teaching profession; and’’; 

22 (ii) in subparagraph (B)— 

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

24 places the term appears; and 
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1 (II) by striking ‘‘Committee on 

2 Education’’ and all that follows 

3 through ‘‘Senate’’ and inserting ‘‘rel4 evant committees of Congress’’; 

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

6 ‘‘or centers’’; and 

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

8 ‘‘(D) INDEPENDENT GOVERNING BOARD.— 

9 ‘‘(i) IN GENERAL.—An institution of 

10 higher education that desires a grant, con11 tract, or cooperative agreement under this 

12 paragraph shall identify, in its application, 

13 an independent governing board for the cen14 ter established pursuant to this paragraph. 

15 ‘‘(ii) MEMBERS.—The independent 

16 governing board shall consist of the fol17 lowing: 

18 ‘‘(I) Two representatives of sec19 ondary career and technical education. 

20 ‘‘(II) Two representatives of post21 secondary career and technical edu22 cation. 

23 ‘‘(III) Two representatives of eli24 gible agencies. 
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1 ‘‘(IV) Two representatives of busi2 ness and industry. 

3 ‘‘(V) Two representatives of career 

4 and technical teacher preparation in5 stitutions. 

6 ‘‘(VI) Two nationally recognized 

7 researchers in the field of career and 

8 technical education. 

9 ‘‘(iii) COORDINATION.—The inde10 pendent governing board shall ensure that 

11 the research and dissemination activities 

12 carried out by the center are coordinated 

13 with the research activities carried out by 

14 the Secretary.’’; 

15 (E) in paragraph (6)(B)(ii), by striking ‘‘or 

16 centers’’; and 

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

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

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

20 are authorized to be appropriated to carry out this section 

21 such sums as may be necessary for each of fiscal years 2006 

22 through 2011.’’. 

23 SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS. 

24 Section 115 (20 U.S.C. 2325) is amended— 
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•S 250 RS

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

2 appears and inserting ‘‘career’’; 

3 (2) in subsection (b)— 

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

5 by striking ‘‘the Republic of the Marshall Is6 lands, the Federated States of Micronesia,’’; 

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

8 and retraining;’’ and inserting ‘‘preparation;’’; 

9 (C) by redesignating paragraphs (2) and 

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

11 (D) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) professional development for teachers, fac14 ulty, principals, and administrators;’’; and 

15 (3) in subsection (d)— 

16 (A) by striking ‘‘the Republic of the Mar17 shall Islands, the Federated States of Micronesia, 

18 and’’; and 

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

20 ‘‘2007’’. 

21 SEC. 107. NATIVE AMERICAN PROGRAM. 

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

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

24 appears and inserting ‘‘career’’; 
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1 (2) in subsection (a)(5), by adding a period at 

2 the end; 

3 (3) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘(d)’’ and 

5 inserting ‘‘(c)’’; and 

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

7 than in subsection (i))’’; 

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

9 and inserting ‘‘section, an’’; 

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

11 and inserting ‘‘section’’; and 

12 (6) in subsection (h), by striking ‘‘which are rec13 ognized by the Governor of the State of Hawaii’’. 

14 SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CA15 REER AND TECHNICAL INSTITUTIONS. 

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

17 (1) by striking the section heading and inserting 

18 the following: 

19 ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CA20 REER AND TECHNICAL INSTITUTIONS.’’; 

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

22 appears and inserting ‘‘career’’; 

23 (3) in subsection (g)— 
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1 (A) in paragraph (1), by striking ‘‘The Sec2 retary’’ and inserting ‘‘On an annual basis, the 

3 Secretary’’; 

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

5 ‘‘2000’’ and inserting ‘‘2007’’; and 

6 (C) in paragraph (3)(C), by striking ‘‘be7 ginning’’ and all that follows through the period 

8 and inserting ‘‘beginning on the date of enact9 ment of the Carl D. Perkins Career and Tech10 nical Education Improvement Act of 2005.’’; 

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

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

13 (5) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) APPEALS.— 

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

17 Secretary shall provide a tribally controlled postsec18 ondary career and technical institution with a hear19 ing on the record before an administrative law judge 

20 with respect to the following determinations: 

21 ‘‘(A) A determination that such institution 

22 is not eligible for a grant under this section. 

23 ‘‘(B) A determination regarding the calcula24 tion of the amount of a grant awarded under 

25 this section. 
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1 ‘‘(2) PROCEDURE FOR APPEAL.—To appeal a de2 termination described in paragraph (1), a tribally 

3 controlled postsecondary career and technical institu4 tion shall— 

5 ‘‘(A) in the case of an appeal based on a de6 termination that such institution is not eligible 

7 for a grant under this section, file a notice of ap8 peal with the Secretary not later than 30 days 

9 after receipt of such determination; and 

10 ‘‘(B) in the case of an appeal based on a de11 termination regarding the calculation of the 

12 amount of a grant awarded under this section— 

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

14 Secretary not later than 30 days after re15 ceipt of the Secretary’s notification of the 

16 grant amount; and 

17 ‘‘(ii) identify the amount of funding 

18 that gives rise to such appeal. 

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

20 controlled postsecondary career and technical institu21 tion appeals a determination described in paragraph 

22 (1), the Secretary shall withhold the amount in dis23 pute from the award of grant funds under this section 

24 until such time as the administrative law judge has 

25 issued a written decision on the appeal. 
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1 ‘‘(i) RESTRICTED INDIRECT COST.—Notwithstanding 

2 any other provision of law, the Secretary shall not request 

3 the use of a restricted indirect cost rate for grants awarded 

4 under this section.’’; and 

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

6 paragraph (4) of this section) and inserting the fol7 lowing: 

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

9 are authorized to be appropriated to carry out this section 

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

11 necessary for each of the 5 succeeding fiscal years.’’. 

12 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA13 TION. 

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

15 (1) in subsection (a)— 

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

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

18 (B) in paragraph (1)— 

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

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

21 ‘‘(c)’’; 

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

23 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

25 ‘‘(b)’’ and inserting ‘‘(c)’’; and 
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1 (C) in paragraph (2), by striking ‘‘(b)’’ both 

2 places it appears and inserting ‘‘(c)’’; 

3 (2) by redesignating subsections (b) through (f) 

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

5 (3) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) STATE APPLICATION.— 

8 ‘‘(1) IN GENERAL.—Each State desiring assist9 ance under this section shall submit an application to 

10 the Secretary at the same time the State submits its 

11 State plan under section 122, in such manner, and 

12 accompanied by such additional information, as the 

13 Secretary may reasonably require. 

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

15 under paragraph (1) shall include— 

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

17 designated in subsection (c) will provide infor18 mation based on labor market trends to inform 

19 program development; and 

20 ‘‘(B) information about the academic con21 tent standards and student academic achieve22 ment standards adopted by the State under sec23 tion 1111(b)(1) of the Elementary and Sec24 ondary Education Act of 1965.’’; 
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1 (4) in subsection (c) (as redesignated by para2 graph (2) of this section)— 

3 (A) in paragraph (1), by striking ‘‘individ4 uals’’ and all that follows through the semicolon 

5 and inserting ‘‘students and parents, including 

6 postsecondary education and training, including 

7 academic and technical preparation for high 

8 skill, high wage, or high demand occupations 

9 and nontraditional fields in emerging or estab10 lished professions;’’; 

11 (B) in paragraph (2), by inserting ‘‘aca12 demic and career and technical’’ after ‘‘relate’’; 

13 (C) by striking paragraph (3) and inserting 

14 the following: 

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

16 and counselors with the knowledge, skills, and occupa17 tional information needed to assist parents and all 

18 students, especially special populations underrep19 resented in certain careers, with career exploration, 

20 educational opportunities, education financing, and 

21 exposure to high skill, high wage, or high demand oc22 cupations and nontraditional fields, including occu23 pations and fields requiring a baccalaureate degree;’’; 

24 (D) in paragraph (4), by striking ‘‘such en25 tities;’’ and inserting ‘‘such entities, with an em-
152 

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1 phasis on high skill, high wage, or high demand 

2 occupations in emerging or established profes3 sions;’’; 

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

5 after the semicolon; 

6 (F) in paragraph (6), by striking the period 

7 and inserting ‘‘; and’’; and 

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

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

10 each occupation, on— 

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

12 in the occupation at entry level and after 5 years 

13 of employment; 

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

15 ‘‘(C) the expected future demand for the oc16 cupation, based on employment projections.’’; 

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

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

19 places it appears and inserting ‘‘(c)’’; 

20 (6) in subsection (e)(1) (as redesignated by para21 graph (2) of this section), by striking ‘‘(b)’’ and in22 serting ‘‘(c)’’; 

23 (7) in subsection (f)(1) (as redesignated by para24 graph (2) of this section), by striking ‘‘an identifica25 tion’’ and inserting ‘‘a description’’; and 
153 

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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 in18 serting 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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•S 250 RS

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 following: 

17 ‘‘Each eligible agency may submit a transi18 tion plan during the first full year of imple19 mentation of this Act after the date of en20 actment of the Carl D. Perkins Career and 

21 Technical Education Improvement Act of 

22 2005. The transition plan shall fulfill the el23 igible agency’s State plan submission obli24 gation under this section.’’; and 
155 

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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 de6 velop 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 representa11 tives of tech-prep consortia (if applicable), the lead 

12 State agency officials with responsibility for the pro13 grams and activities that are described in section 

14 121(b) of the Workforce Investment Act of 1998 (29 

15 U.S.C. 2841(b)) and carried out by one-stop partners, 

16 the State workforce investment board, interested com17 munity members (including parent and community 

18 organizations), representatives of special populations, 

19 representatives of business and industry (including 

20 representatives of small business and economic devel21 opment entities), and representatives of labor organi22 zations in the State, and shall consult the Governor 

23 of the State with respect to such development.’’; 

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

25 following: 
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1 ‘‘(c) PLAN CONTENTS.—The State plan shall include 

2 information that— 

3 ‘‘(1) describes the career and technical education 

4 activities to be assisted that are designed to meet or 

5 exceed the State adjusted levels of performance, in6 cluding a description of— 

7 ‘‘(A) how the eligible agency will support el8 igible recipients in developing or implementing 

9 career pathways for career and technical edu10 cation content areas that are designed to meet 

11 relevant workforce needs, including how the eligi12 ble agency will— 

13 ‘‘(i) support eligible recipients in de14 veloping articulation agreements between 

15 secondary and postsecondary institutions; 

16 ‘‘(ii) support eligible recipients in 

17 using labor market information to identify 

18 career pathways that prepare individuals 

19 for high skill, high wage, or high demand 

20 occupations; 

21 ‘‘(iii) make available information 

22 about career pathways offered by eligible re23 cipients; 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 car6 ried out, including programs that will be carried 

7 out by the eligible agency to develop, improve, 

8 and expand access to quality technology in ca9 reer and technical education programs; 

10 ‘‘(C) the criteria that will be used by the eli11 gible agency to approve eligible recipients for 

12 funds under this title, including criteria to assess 

13 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 career 

25 and technical education students, including spe-
158 

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1 cial 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 demand 

11 occupations that are aligned with business needs 

12 and industry standards, as appropriate— 

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

14 aligned with challenging academic content 

15 standards and student academic achieve16 ment standards adopted by the State under 

17 section 1111(b)(1) of the Elementary and 

18 Secondary Education Act of 1965; and 

19 ‘‘(ii) at the postsecondary level that are 

20 relevant and challenging; 

21 ‘‘(2) describes how career and technical edu22 cation teachers, faculty, principals, administrators, 

23 and career guidance and academic counselors will be 

24 provided comprehensive initial preparation and pro-
159 

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1 fessional development, including through programs 

2 and activities that— 

3 ‘‘(A) promote the integration of challenging 

4 academic curricula and career and technical 

5 education curricula, including opportunities for 

6 teachers to jointly develop and implement cur7 riculum and pedagogical strategies with appro8 priate academic teachers; 

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

10 technical education knowledge of career and tech11 nical education teachers and faculty; 

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

13 focused on instruction, directly related to indus14 try standards, and includes structured induction 

15 and mentoring components for new personnel, 

16 with an emphasis on identifying and addressing 

17 the needs of local businesses, including small 

18 businesses; 

19 ‘‘(D) ensure an increasing number of career 

20 and technical education teachers and faculty 

21 meet teacher certification and licensing require22 ments reflecting the needs of their subject area or 

23 areas; 

24 ‘‘(E) equip career and technical education 

25 teachers, faculty, principals, administrators, and 
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1 career guidance and academic counselors with 

2 the knowledge and skills needed to work with and 

3 improve instruction for special populations; 

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

5 including labor market indicators, student 

6 achievement, and assessments; 

7 ‘‘(G) enhance the leadership capacity of 

8 principals and administrators; 

9 ‘‘(H) are integrated with professional devel10 opment activities that the State carries out 

11 under title II of the Elementary and Secondary 

12 Education Act of 1965 and title II of the Higher 

13 Education Act of 1965; and 

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

15 and technical education students to comprehen16 sive information regarding career options that 

17 lead to high skill, high wage, or high demand oc18 cupations and nontraditional fields; 

19 ‘‘(3) describes efforts to improve— 

20 ‘‘(A) the recruitment and retention of career 

21 and technical education teachers, faculty, coun22 selors, principals, and administrators, including 

23 individuals in groups underrepresented in the 

24 teaching profession; and 
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1 ‘‘(B) the transition to teaching from busi2 ness and industry, including small business; 

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

4 programs and faculty at postsecondary institutions to 

5 effectively prepare career and technical education per6 sonnel, including, as appropriate, through electroni7 cally delivered distance education, and articulation 

8 agreements between 2-year technical programs and 

9 postsecondary education programs; 

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

11 of sub-baccalaureate career and technical education 

12 students into baccalaureate degree programs, includ13 ing— 

14 ‘‘(A) statewide articulation agreements be15 tween sub-baccalaureate career and technical 

16 education programs and baccalaureate degree 

17 programs; 

18 ‘‘(B) postsecondary dual and concurrent en19 rollment programs; 

20 ‘‘(C) academic and financial aid coun21 seling; and 

22 ‘‘(D) other initiatives to encourage the pur23 suit of a baccalaureate degree and to overcome 

24 barriers to participation in baccalaureate degree 

25 programs, including geographic and other bar-
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1 riers affecting rural students and special popu2 lations; 

3 ‘‘(6) describes how the eligible agency will ac4 tively involve parents, academic and career and tech5 nical education teachers, faculty, principals, and ad6 ministrators, career guidance and academic coun7 selors, local businesses (including small- and medium8 sized businesses and business intermediaries), State 

9 workforce investment boards, local workforce invest10 ment boards, economic development entities, and 

11 labor organizations in the planning, development, im12 plementation, and evaluation of such career and tech13 nical education programs; 

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

15 agency through the allotment made under section 111 

16 will be allocated— 

17 ‘‘(A) among secondary school career and 

18 technical education, or postsecondary and adult 

19 career and technical education, or both, includ20 ing the rationale for such allocation; and 

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

22 formed among secondary schools and eligible in23 stitutions, and how funds will be allocated 

24 among the members of the consortia, including 

25 the rationale for such allocation; 
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1 ‘‘(8) describes how the eligible agency will— 

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

3 career and technical education courses in high 

4 skill, high wage, or high demand occupations— 

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

6 aligned with challenging academic content 

7 standards and student academic achieve8 ment standards adopted by the State under 

9 section 1111(b)(1) of the Elementary and 

10 Secondary Education Act of 1965; and 

11 ‘‘(ii) at the postsecondary level that are 

12 challenging and aligned with business needs 

13 and industry standards, as appropriate; 

14 ‘‘(B) improve the academic and technical 

15 skills of students participating in career and 

16 technical education programs, including 

17 strengthening the academic, and career and tech18 nical, components of career and technical edu19 cation programs through the integration of aca20 demics with career and technical education to 

21 ensure learning in the core academic subjects 

22 and career and technical education subjects, and 

23 provide students with strong experience in, and 

24 understanding of, all aspects of an industry; 
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1 ‘‘(C) ensure that students who participate 

2 in such career and technical education programs 

3 are taught to the same challenging academic pro4 ficiencies as are taught to all other students; and 

5 ‘‘(D) encourage secondary school students 

6 who participate in such career and technical 

7 education programs to enroll in challenging 

8 courses in core academic subjects; 

9 ‘‘(9) describes how the eligible agency will annu10 ally evaluate the effectiveness of such career and tech11 nical education programs, and describes, to the extent 

12 practicable, how the eligible agency is coordinating 

13 such programs to promote relevant lifelong learning 

14 and ensure nonduplication with other existing Fed15 eral programs; 

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

17 strategies for special populations, including a descrip18 tion of how individuals who are members of the spe19 cial populations— 

20 ‘‘(A) will be provided with equal access to 

21 activities assisted under this title; 

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

23 the basis of their status as members of the special 

24 populations; and 
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1 ‘‘(C) will be provided with programs de2 signed to enable the special populations to meet 

3 or exceed State adjusted levels of performance, 

4 and prepare special populations for further 

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

6 demand occupations; 

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

8 developing the State plan with— 

9 ‘‘(A) the entity within the State with re10 sponsibility for elementary and secondary edu11 cation; 

12 ‘‘(B) the entity within the State with re13 sponsibility for public institutions engaged in 

14 postsecondary education; 

15 ‘‘(C) State institutions such as State correc16 tional institutions and institutions that serve in17 dividuals with disabilities; and 

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

19 responsibility for career and technical education 

20 and training investment, and economic and 

21 workforce development; 

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

23 will take to involve representatives of eligible recipi24 ents in the development of the State adjusted levels of 

25 performance; 
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1 ‘‘(13) provides assurances that the eligible agency 

2 will comply with the requirements of this title and the 

3 provisions of the State plan, including the provision 

4 of a financial audit of funds received under this title 

5 which may be included as part of an audit of other 

6 Federal or State programs; 

7 ‘‘(14) provides assurances that none of the funds 

8 expended under this title will be used to acquire 

9 equipment (including computer software) in any in10 stance in which such acquisition results in a direct 

11 financial benefit to any organization representing the 

12 interests of the purchasing entity, the employees of the 

13 purchasing entity, or any affiliate of such an organi14 zation; 

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

16 measure and report data relating to students partici17 pating in and completing career and technical edu18 cation within specific career clusters in order to ade19 quately measure the progress of the students, includ20 ing special populations, at— 

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

22 the categories described in section 

23 1111(h)(1)(C)(i) of the Elementary and Sec24 ondary Education Act of 1965, except that such 

25 disaggregation shall not be required in a case in 
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1 which the number of individuals in a category is 

2 insufficient to yield statistically reliable infor3 mation or the results would reveal personally 

4 identifiable information about an individual; 

5 and 

6 ‘‘(B) the postsecondary level, disaggregated 

7 by special populations, except that such 

8 disaggregation shall not be required in a case in 

9 which the number of individuals in a category is 

10 insufficient to yield statistically reliable infor11 mation or the results would reveal personally 

12 identifiable information about an individual; 

13 ‘‘(16) describes how the eligible agency will ade14 quately address the needs of students in alternative 

15 education programs, if appropriate; 

16 ‘‘(17) describes how the eligible agency will pro17 vide local educational agencies, area career and tech18 nical education schools, and eligible institutions in 

19 the State with technical assistance; 

20 ‘‘(18) describes how career and technical edu21 cation relates to State and regional occupational op22 portunities; 

23 ‘‘(19) describes the methods proposed for the joint 

24 planning and coordination of programs carried out 
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1 under this title with other Federal education and 

2 workforce investment programs; 

3 ‘‘(20) describes how funds will be used to pro4 mote preparation for high skill, high wage, or high 

5 demand occupations and nontraditional fields in 

6 emerging and established professions; 

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

8 individuals in State correctional institutions; 

9 ‘‘(22) describes how the eligible agency will en10 sure that the data reported to the eligible agency from 

11 local educational agencies and eligible institutions 

12 under this title and the data the eligible agency re13 ports to the Secretary are complete, accurate, and re14 liable; and 

15 ‘‘(23) contains the description and information 

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

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

18 2822(b)(8) and 2841(c)) concerning the provision of 

19 services only for postsecondary students and school 

20 dropouts.’’; 

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

22 following: 

23 ‘‘(d) PLAN OPTIONS.— 

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

25 fulfill the plan or application submission require-
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1 ments of this section, section 118(b), and section 

2 141(c) by submitting a single State plan. In such 

3 plan, the eligible agency may allow eligible recipients 

4 to fulfill the plan or application submission require5 ments of section 134 and subsections (a) and (b) of 

6 section 143 by submitting a single local plan. 

7 ‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.— 

8 The eligible agency may submit the plan required 

9 under this section as part of the plan submitted under 

10 section 501 of the Workforce Investment Act of 1998 

11 (20 U.S.C. 9271), if the plan submitted pursuant to 

12 the requirement of this section meets the requirements 

13 of this Act.’’; and 

14 (6) by striking subsection (f). 

15 SEC. 112. IMPROVEMENT PLANS. 

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

17 follows: 

18 ‘‘SEC. 123. IMPROVEMENT PLANS. 

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

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

21 adjusted levels of performance described in the report 

22 submitted under section 113(c), the eligible agency 

23 shall develop and implement a program improvement 

24 plan in consultation with the appropriate agencies, 

25 individuals, and organizations for the first program 
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1 year succeeding the program year in which the eligi2 ble agency failed to meet the State adjusted levels of 

3 performance, in order to avoid a sanction under 

4 paragraph (3). 

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

6 determines that an eligible agency is not properly im7 plementing the eligible agency’s responsibilities under 

8 section 122, or is not making substantial progress in 

9 meeting the purpose of this Act, based on the State’s 

10 adjusted levels of performance, the Secretary shall 

11 work with the eligible agency to implement improve12 ment activities consistent with the requirements of 

13 this Act. 

14 ‘‘(3) FAILURE.— 

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

16 fails to meet the State adjusted levels of perform17 ance, has not implemented an improvement plan 

18 as described in paragraph (1), has shown no im19 provement within 1 year after implementing an 

20 improvement plan as described in paragraph 

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

22 State adjusted levels of performance for the same 

23 performance indicator for 2 or more consecutive 

24 years, the Secretary may, after notice and oppor25 tunity for a hearing, withhold from the eligible 
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1 agency all, or a portion of, the eligible agency’s 

2 allotment under this title. 

3 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR4 CUMSTANCES.—The Secretary may waive the 

5 sanction in subparagraph (A) due to exceptional 

6 or uncontrollable circumstances such as a nat7 ural disaster or a precipitous and unforeseen de8 cline in financial resources of the State. 

9 ‘‘(4) FUNDS RESULTING FROM REDUCED ALLOT10 MENTS.— 

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

12 funds withheld under paragraph (3) for a State 

13 served by an eligible agency, to provide (through 

14 alternative arrangements) services and activities 

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

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

17 cannot satisfactorily use funds withheld under 

18 paragraph (3), then the amount of funds re19 tained by the Secretary as a result of a reduction 

20 in an allotment made under paragraph (3) shall 

21 be redistributed to other eligible agencies in ac22 cordance with section 111. 

23 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 

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

25 shall evaluate annually, using the local adjusted levels 
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1 of performance described in section 113(b)(4), the ca2 reer and technical education activities of each eligible 

3 recipient receiving funds under this title. 

4 ‘‘(2) PLAN.— 

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

6 evaluation, the eligible agency determines that 

7 an eligible recipient is not making substantial 

8 progress in achieving the local adjusted levels of 

9 performance, the eligible agency shall— 

10 ‘‘(i) conduct an assessment of the edu11 cational needs that the eligible recipient 

12 shall address to overcome local performance 

13 deficiencies, including the performance of 

14 special populations; 

15 ‘‘(ii) enter into an improvement plan 

16 with an eligible recipient based on the re17 sults of the assessment, for the first program 

18 year succeeding the program year in which 

19 the eligible recipient failed to meet the local 

20 adjusted levels of performance, which plan 

21 shall demonstrate how the local performance 

22 deficiencies will be corrected and include in23 structional and other programmatic innova24 tions of demonstrated effectiveness, and, 
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1 where necessary, strategies for appropriate 

2 staffing and professional development; and 

3 ‘‘(iii) conduct regular evaluations of 

4 the progress being made toward reaching 

5 the local adjusted levels of performance, as 

6 described in section 113(b)(4), and progress 

7 on implementing the improvement plan. 

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

9 shall conduct the activities described in subpara10 graph (A) in consultation with teachers, prin11 cipals, administrators, faculty, parents, other 

12 school staff, appropriate agencies, and other ap13 propriate individuals and organizations. 

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

15 agency determines that an eligible recipient is not 

16 properly implementing the eligible recipient’s respon17 sibilities under section 134, or is not making substan18 tial progress in meeting the purpose of this Act, based 

19 on the local adjusted levels of performance, the eligible 

20 agency shall provide technical assistance to the eligi21 ble recipient to assist the eligible recipient in car22 rying out the improvement activities consistent with 

23 the requirements of this Act. An eligible recipient, in 

24 collaboration with the eligible agency, may request 
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1 that the Secretary provide additional technical assist2 ance. 

3 ‘‘(4) FAILURE.— 

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

5 fails to meet the local adjusted levels of perform6 ance as described in section 113(b)(4) and has 

7 not implemented an improvement plan as de8 scribed in paragraph (2), has shown no improve9 ment within 1 year after implementing an im10 provement plan as described in paragraph (2), 

11 or has failed to meet more than 1 of the local ad12 justed levels of performance for the same per13 formance indicator for 2 or more consecutive 

14 years, the eligible agency may, after notice and 

15 opportunity for a hearing, withhold from the eli16 gible recipient all, or a portion of, the eligible re17 cipient’s allotment under this title. 

18 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR19 CUMSTANCES.—The eligible agency may waive 

20 the sanction under this paragraph due to excep21 tional or uncontrollable circumstances such as 

22 organizational structure, or a natural disaster or 

23 a precipitous and unforeseen decline in financial 

24 resources of the eligible recipient. 
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1 ‘‘(5) FUNDS RESULTING FROM REDUCED ALLOT2 MENTS.—The eligible agency shall use funds withheld 

3 under paragraph (4) to provide (through alternative 

4 arrangements) services and activities to students 

5 within the area served by such recipient to meet the 

6 purpose of this Act.’’. 

7 SEC. 113. STATE LEADERSHIP ACTIVITIES. 

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

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

10 appears and inserting ‘‘career’’; 

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

12 and inserting ‘‘112(a)(2)(A)’’; 

13 (3) in subsection (b)— 

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

15 learning’’ and all that follows through the semi16 colon and inserting ‘‘further education, further 

17 training, or for high skill, high wage, or high de18 mand occupations;’’; 

19 (B) in paragraph (2), by striking subpara20 graphs (A) through (C) and inserting the fol21 lowing: 

22 ‘‘(A) training of career and technical edu23 cation teachers, faculty, principals, career guid24 ance and academic counselors, and administra-
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1 tors to use technology, including distance learn2 ing; 

3 ‘‘(B) encouraging schools to work with tech4 nology industries to offer voluntary internships 

5 and mentoring programs; or 

6 ‘‘(C) encouraging lifelong learning, includ7 ing through partnerships that may involve insti8 tutions of higher education, organizations pro9 viding career and technical education, busi10 nesses, workforce investment entities, and com11 munications entities;’’; 

12 (C) by striking paragraph (3) and inserting 

13 the following: 

14 ‘‘(3) professional development programs, includ15 ing providing comprehensive professional development 

16 (including initial teacher preparation) for career and 

17 technical education teachers, faculty, principals, ad18 ministrators, and career guidance and academic 

19 counselors at the secondary and postsecondary levels, 

20 that support activities described in section 122 and— 

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

22 training in career and technical education pro23 grams and techniques, effective teaching skills 

24 based on promising practices and, where avail25 able and appropriate, scientifically based re-
177 

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1 search, and effective practices to improve paren2 tal and community involvement; 

3 ‘‘(B) improve student achievement in order 

4 to meet the State adjusted levels of performance 

5 established under section 113; 

6 ‘‘(C) support education programs for teach7 ers and faculty of career and technical education 

8 in public schools and other public school per9 sonnel who are involved in the direct delivery of 

10 educational services to career and technical edu11 cation students to ensure that such personnel— 

12 ‘‘(i) stay current with the needs, expec13 tations, and methods of industry; 

14 ‘‘(ii) can effectively develop chal15 lenging, integrated academic and career 

16 and technical education curriculum jointly 

17 with academic teachers, to the extent prac18 ticable; and 

19 ‘‘(iii) develop a higher level of aca20 demic and industry knowledge and skills in 

21 career and technical education; and 

22 ‘‘(D) are integrated with the teacher certifi23 cation or licensing and professional development 

24 activities that the State carries out under title II 

25 of the Elementary and Secondary Education Act 
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1 of 1965 and title II of the Higher Education Act 

2 of 1965;’’; 

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

4 for’’ and inserting ‘‘supporting’’; 

5 (E) in paragraph (5), by striking ‘‘non6 traditional training and employment’’ and in7 serting ‘‘nontraditional fields in emerging and 

8 established professions, and other activities that 

9 expose students, including special populations, to 

10 high skill, high wage occupations’’; 

11 (F) in paragraph (6)— 

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

13 ‘‘labor organizations,’’; and 

14 (ii) by inserting ‘‘, or complete career 

15 pathways, as described in section 

16 122(c)(1)(A)’’ after ‘‘skills’’; 

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

18 after the semicolon; 

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

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

21 occupations; and’’; and 

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

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

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

25 following: 
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1 ‘‘(c) PERMISSIBLE USES OF FUNDS.—The leadership 

2 activities described in subsection (a) may include— 

3 ‘‘(1) improvement of career guidance and aca4 demic counseling programs that assist students in 

5 making informed academic, and career and technical 

6 education, decisions, including encouraging secondary 

7 and postsecondary students to graduate with a di8 ploma or degree, and expose students to high skill, 

9 high wage occupations and nontraditional fields in 

10 emerging and established professions; 

11 ‘‘(2) establishment of agreements, including ar12 ticulation agreements, between secondary and postsec13 ondary career and technical education programs in 

14 order to provide postsecondary education and train15 ing opportunities for students participating in such 

16 career and technical education programs, such as 

17 tech-prep programs; 

18 ‘‘(3) support for initiatives to facilitate the tran19 sition of sub-baccalaureate career and technical edu20 cation students into baccalaureate degree programs, 

21 including— 

22 ‘‘(A) statewide articulation agreements be23 tween sub-baccalaureate degree granting career 

24 and technical postsecondary educational institu-
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1 tions and baccalaureate degree granting postsec2 ondary educational institutions; 

3 ‘‘(B) postsecondary dual and concurrent en4 rollment programs; 

5 ‘‘(C) academic and financial aid coun6 seling; and 

7 ‘‘(D) other initiatives— 

8 ‘‘(i) to encourage the pursuit of a bac9 calaureate degree; and 

10 ‘‘(ii) to overcome barriers to participa11 tion in baccalaureate degree programs, in12 cluding geographic and other barriers af13 fecting rural students and special popu14 lations; 

15 ‘‘(4) support for career and technical student or16 ganizations, especially with respect to efforts to in17 crease the participation of students who are members 

18 of special populations; 

19 ‘‘(5) support for public charter schools operating 

20 secondary career and technical education programs; 

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

22 programs that offer experience in, and understanding 

23 of, all aspects of an industry for which students are 

24 preparing to enter; 
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1 ‘‘(7) support for family and consumer sciences 

2 programs; 

3 ‘‘(8) support for partnerships between education 

4 and business or business intermediaries, including co5 operative education and adjunct faculty arrangements 

6 at the secondary and postsecondary levels; 

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

8 and technical education courses and initiatives, in9 cluding career clusters, career academies, and dis10 tance learning, that prepare individuals academically 

11 and technically for high skill, high wage, or high de12 mand occupations; 

13 ‘‘(10) awarding incentive grants to eligible re14 cipients for exemplary performance in carrying out 

15 programs under this Act, which awards shall be based 

16 on local performance indicators, as described in sec17 tion 113, in accordance with previously publicly dis18 closed priorities; 

19 ‘‘(11) providing career and technical education 

20 programs for adults and school dropouts to complete 

21 their secondary school education, in coordination, to 

22 the extent practicable, with activities authorized 

23 under title II of the Workforce Investment Act of 1998 

24 (20 U.S.C. 9201 et seq.); 
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1 ‘‘(12) providing assistance to individuals, who 

2 have participated in services and activities under this 

3 title, in finding an appropriate job and continuing 

4 their education or training through collaboration with 

5 the workforce investment system established under the 

6 Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

7 seq.); 

8 ‘‘(13) developing valid and reliable assessments 

9 of technical skills that are integrated with industry 

10 certification assessments where available; 

11 ‘‘(14) developing and enhancing data systems to 

12 collect and analyze data on secondary and postsec13 ondary academic and employment outcomes; 

14 ‘‘(15) improving— 

15 ‘‘(A) the recruitment and retention of career 

16 and technical education teachers, faculty, prin17 cipals, administrators, and career guidance and 

18 academic counselors, including individuals in 

19 groups underrepresented in the teaching profes20 sion; and 

21 ‘‘(B) the transition to teaching from busi22 ness and industry, including small business; and 

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

24 self-sufficiency standard.’’; and 
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1 (5) in subsection (d), by striking ‘‘112(a)(2)’’ 

2 and inserting ‘‘112(a)(2)(A)’’. 

3 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY 

4 SCHOOL PROGRAMS. 

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

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

7 appears and inserting ‘‘career’’; 

8 (2) by striking subsection (a); 

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

10 as subsections (a) through (h), respectively; 

11 (4) in subsection (a) (as redesignated by para12 graph (3) of this section)— 

13 (A) in the subsection heading, by striking 

14 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC15 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS16 TRIBUTION RULES’’; and 

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

18 succeeding fiscal years’’; 

19 (5) in subsection (b) (as redesignated by para20 graph (3) of this section)— 

21 (A) by striking ‘‘subsection (b)’’ and insert22 ing ‘‘subsection (a)’’; and 

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

24 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’; 
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1 (6) in subsection (e) (as redesignated by para2 graph (3) of this section), in the subsection heading, 

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

4 and 

5 (7) in subsection (g) (as redesignated by para6 graph (3) of this section), by striking ‘‘subsections (a), 

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

8 and (c)’’. 

9 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY 

10 CAREER AND TECHNICAL EDUCATION PRO11 GRAMS. 

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

13 (1) by striking the section heading and inserting 

14 the following: 

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

16 CAREER AND TECHNICAL EDUCATION PRO17 GRAMS.’’; 

18 and 

19 (2) in subsection (a)— 

20 (A) in paragraph (1), by inserting ‘‘for ca21 reer and technical education programs leading to 

22 a technical skill proficiency, an industry-recog23 nized credential, a certificate, or an associate’s 

24 degree’’ before the period; and 
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1 (B) in paragraph (2), by inserting ‘‘leading 

2 to a technical skill proficiency, an industry-rec3 ognized credential, a certificate, or an associate’s 

4 degree and’’ after ‘‘enrolled in programs’’. 

5 SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL 

6 EDUCATION. 

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

8 (1) by striking the section heading and inserting 

9 the following: 

10 ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL 

11 EDUCATION.’’; 

12 and 

13 (2) by striking ‘‘vocational’’ each place such term 

14 appears and inserting ‘‘career’’. 

15 SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDU16 CATION PROGRAMS. 

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

18 (1) by striking the section heading and inserting 

19 the following: 

20 ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDU21 CATION PROGRAMS.’’; 

22 (2) in subsection (a), by inserting ‘‘and work23 force investment’’ after ‘‘such other educational’’; and 

24 (3) in subsection (b), by striking paragraphs (1) 

25 through (10) and inserting the following: 
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1 ‘‘(1) describe how the career and technical edu2 cation programs required under section 135(b) will be 

3 carried out with funds received under this title; 

4 ‘‘(2) describe how the career and technical edu5 cation activities will be carried out with respect to 

6 meeting State and local adjusted levels of performance 

7 established under section 113; 

8 ‘‘(3) describe how the eligible recipient will— 

9 ‘‘(A) offer the appropriate courses of not less 

10 than 1 of the career pathways described in sec11 tion 122(c)(1)(A); 

12 ‘‘(B) improve the academic and technical 

13 skills of students participating in career and 

14 technical education programs by strengthening 

15 the academic and career and technical education 

16 components of such programs through the inte17 gration of challenging academics with career and 

18 technical education programs through a coherent 

19 sequence of courses to ensure learning in the core 

20 academic subjects, and career and technical edu21 cation subjects; 

22 ‘‘(C) provide students with strong experi23 ence in and understanding of all aspects of an 

24 industry; and 
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1 ‘‘(D) ensure that students who participate 

2 in such career and technical education programs 

3 are taught to the same challenging academic pro4 ficiencies as are taught for all other students; 

5 ‘‘(4) describe how comprehensive professional de6 velopment will be provided that is consistent with sec7 tion 122; 

8 ‘‘(5) describe how parents, students, academic 

9 and career and technical education teachers, faculty, 

10 principals, administrators, career guidance and aca11 demic counselors, representatives of tech-prep con12 sortia (if applicable), representatives of the local 

13 workforce investment board (if applicable), represent14 atives of the local economic development entity (if ap15 plicable), representatives of business (including small 

16 business) and industry, labor organizations, rep17 resentatives of special populations, and other inter18 ested individuals are involved in the development, im19 plementation, and evaluation of career and technical 

20 education programs assisted under this title, and how 

21 such individuals and entities are effectively informed 

22 about, and assisted in, understanding, the require23 ments of this title, including career pathways; 

24 ‘‘(6) provide assurances that the eligible recipient 

25 will provide a career and technical education pro-
188 

•S 250 RS

1 gram that is of such size, scope, and quality to bring 

2 about improvement in the quality of career and tech3 nical education programs; 

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

5 evaluate and continuously improve the performance of 

6 the eligible recipient; 

7 ‘‘(8) describe how the eligible recipient— 

8 ‘‘(A) will review career and technical edu9 cation programs, and identify and adopt strate10 gies to overcome barriers that result in lowering 

11 rates of access to or lowering success in the pro12 grams, for special populations; and 

13 ‘‘(B) will provide programs that are de14 signed to enable the special populations to meet 

15 the local adjusted levels of performance and pre16 pare for high skill, high wage, or high demand 

17 occupations, including those that will lead to 

18 self-sufficiency; 

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

20 of special populations will not be discriminated 

21 against on the basis of their status as members of the 

22 special populations; 

23 ‘‘(10) describe how funds will be used to promote 

24 preparation for nontraditional fields; 
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•S 250 RS

1 ‘‘(11) describe how career guidance and aca2 demic counseling will be provided to all career and 

3 technical education students, including linkages to the 

4 information and services available through the one5 stop delivery system established under section 121 of 

6 the Workforce Investment Act of 1998 (29 U.S.C. 

7 2841), as appropriate; and 

8 ‘‘(12) describe efforts to improve the recruitment 

9 and retention of career and technical education teach10 ers, faculty, counselors, principals, and administra11 tors, including individuals in groups underrep12 resented in the teaching profession, and the transition 

13 to teaching from business and industry.’’. 

14 SEC. 118. LOCAL USES OF FUNDS. 

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

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

17 and inserting ‘‘career’’; 

18 (2) in subsection (b)— 

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

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

21 and 

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

23 and inserting the following: 

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

25 technical education skills of students participating in 
190 

•S 250 RS

1 career and technical education programs by strength2 ening the academic and career and technical edu3 cation components of such programs through the inte4 gration of academics with career and technical edu5 cation programs through a coherent sequence of 

6 courses, such as career pathways described in section 

7 122(c)(1)(A), to ensure learning in the core academic 

8 subjects and career and technical education subjects; 

9 ‘‘(2) link secondary career and technical edu10 cation and postsecondary career and technical edu11 cation, including by— 

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

13 less than 1 career pathway described in section 

14 122(c)(1)(A); 

15 ‘‘(B) developing and supporting articula16 tion agreements between secondary and postsec17 ondary institutions; or 

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

19 consortia; 

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

21 and understanding of all aspects of an industry; 

22 ‘‘(4) develop, improve, or expand the use of tech23 nology in career and technical education, which may 

24 include— 
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1 ‘‘(A) training of career and technical edu2 cation teachers, faculty, principals, and admin3 istrators to use technology, including distance 

4 learning; or 

5 ‘‘(B) encouraging schools to collaborate with 

6 technology industries to offer voluntary intern7 ships and mentoring programs; 

8 ‘‘(5) provide professional development programs 

9 that are consistent with section 122 to secondary and 

10 postsecondary teachers, faculty, principals, adminis11 trators, and career guidance and academic counselors 

12 who are involved in integrated career and technical 

13 education programs, including— 

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

15 ‘‘(i) in career and technical education 

16 programs and techniques; 

17 ‘‘(ii) in effective integration of chal18 lenging academic and career and technical 

19 education jointly with academic teachers, to 

20 the extent practicable; 

21 ‘‘(iii) in effective teaching skills based 

22 on research that includes promising prac23 tices; and 

24 ‘‘(iv) in effective practices to improve 

25 parental and community involvement; 
192 

•S 250 RS

1 ‘‘(B) support of education programs that 

2 provide information on all aspects of an indus3 try; 

4 ‘‘(C) internship programs that provide rel5 evant business experience; and 

6 ‘‘(D) programs dedicated to the effective use 

7 of instructional technology; 

8 ‘‘(6) develop and implement evaluations of the 

9 career and technical education programs carried out 

10 with funds under this title, including an assessment 

11 of how the needs of special populations are being met; 

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

13 quality career and technical education programs, in14 cluding relevant technology; 

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

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

17 ‘‘(9) provide activities to prepare special popu18 lations, including single parents and displaced home19 makers (if enrolled in the program), for high skill, 

20 high wage, or high demand occupations, including 

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

22 (3) in subsection (c)— 

23 (A) in paragraph (1), by striking ‘‘voca24 tional’’ and inserting ‘‘career’’; and 
193 

•S 250 RS

1 (B) by striking paragraphs (2) through (15) 

2 and inserting the following: 

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

4 counseling that is based on current labor market indi5 cators, as provided pursuant to section 118, for stu6 dents participating in career and technical education 

7 programs that— 

8 ‘‘(A) improves graduation rates and pro9 vides information on postsecondary and career 

10 options, including baccalaureate degree pro11 grams, for secondary students, which activities 

12 may include the use of graduation and career 

13 plans; and 

14 ‘‘(B) provides assistance for postsecondary 

15 students, including for adult students who are 

16 changing careers or updating skills; 

17 ‘‘(3) for partnerships between or among the eligi18 ble recipient and a business (including a small busi19 ness or business intermediary), a local workforce in20 vestment board, or a local economic development enti21 ty, including for— 

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

23 such as internships, cooperative education, 

24 school-based enterprises, entrepreneurship, and 
194 

•S 250 RS

1 job shadowing that are related to career and 

2 technical education programs; 

3 ‘‘(B) adjunct faculty arrangements at the 

4 secondary and postsecondary levels; and 

5 ‘‘(C) industry experience for teachers and 

6 faculty; 

7 ‘‘(4) to provide programs for special populations; 

8 ‘‘(5) to assist career and technical student orga9 nizations; 

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

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

12 adapting instructional equipment, including support 

13 for library resources, such as business journals, publi14 cations, and other related resources designed to 

15 strengthen and support academic and technical skill 

16 achievement; 

17 ‘‘(8) for teacher preparation programs that ad18 dress the integration of academic and career and tech19 nical education and that assist individuals who are 

20 interested in becoming career and technical education 

21 teachers and faculty, including individuals with expe22 rience in business and industry; 

23 ‘‘(9) to develop and expand postsecondary pro24 gram offerings at times and in formats that are con-
195 

•S 250 RS

1 venient and accessible for working students, including 

2 through the use of distance education; 

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

4 transition of sub-baccalaureate career and technical 

5 education students into baccalaureate degree pro6 grams, including— 

7 ‘‘(A) articulation agreements between sub8 baccalaureate degree granting career and tech9 nical education postsecondary educational insti10 tutions and baccalaureate degree granting post11 secondary educational institutions; 

12 ‘‘(B) postsecondary dual and concurrent en13 rollment programs; 

14 ‘‘(C) academic and financial aid counseling 

15 for sub-baccalaureate career and technical edu16 cation students that inform the students of the 

17 opportunities for pursuing a baccalaureate de18 gree and advise the students on how to meet any 

19 transfer requirements; and 

20 ‘‘(D) other initiatives— 

21 ‘‘(i) to encourage the pursuit of a bac22 calaureate degree; and 

23 ‘‘(ii) to overcome barriers to enrollment 

24 in and completion of baccalaureate degree 

25 programs, including geographic and other 
196 

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1 barriers affecting rural students and special 

2 populations; 

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

4 and technical education courses, including entrepre5 neurship and development of new career pathways; 

6 ‘‘(12) to develop and support small, personalized 

7 career-themed learning communities; 

8 ‘‘(13) to provide support for family and con9 sumer sciences programs; 

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

11 programs for adults and school dropouts to complete 

12 their secondary school education or upgrade their 

13 technical skills; 

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

15 have participated in services and activities under this 

16 title in finding an appropriate job and continuing 

17 their education or training through collaboration with 

18 the workforce investment system established under the 

19 Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

20 seq.); 

21 ‘‘(16) to support activities in nontraditional 

22 fields, such as mentoring and outreach; and 

23 ‘‘(17) to support other career and technical edu24 cation activities that are consistent with the purpose 

25 of this Act.’’. 
197 

•S 250 RS

1 SEC. 119. TECH-PREP EDUCATION. 

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

3 is amended— 

4 (1) by striking the title heading and inserting 

5 the following: 

6 ‘‘PART D—TECH-PREP EDUCATION’’; 

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

8 and 

9 (3) by redesignating sections 203, 204, 205, and 

10 208, as sections 141, 142, 143, and 144, respectively. 

11 (b) STATE ALLOTMENT AND APPLICATION.—Section 

12 141 (as redesignated by subsection (a) of this section) is 

13 amended— 

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

15 and inserting ‘‘section 144’’; and 

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

17 following: 

18 ‘‘(c) STATE APPLICATION.—Each eligible agency desir19 ing assistance under this part shall submit an application 

20 to the Secretary at such time, in such manner, and accom21 panied by such information as the Secretary may require. 

22 Such application shall describe how activities under this 

23 part will be coordinated, to the extent practicable, with ac24 tivities described in section 122.’’. 

25 (c) TECH-PREP EDUCATION.—Section 142 (as redesig26 nated by subsection (a) of this section) is amended— 
198 

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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘section 203’’ and in4 serting ‘‘section 141’’; 

5 (ii) by striking ‘‘title’’ and inserting 

6 ‘‘part’’; 

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

8 places the term appears and inserting ‘‘ca9 reer’’; and 

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

11 ‘‘, educational service agency,’’ after ‘‘inter12 mediate educational agency’’; and 

13 (B) in paragraph (2)— 

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

15 ‘‘and’’; 

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

17 the period at the end and inserting a semi18 colon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) employers, including small businesses, 

22 or business intermediaries; and 

23 ‘‘(D) labor organizations.’’; 

24 (2) in subsection (c)— 
199 

•S 250 RS

1 (A) by striking paragraph (2) and inserting 

2 the following: 

3 ‘‘(2) consist of not less than 2 years of secondary 

4 school with a common core of technical skills and core 

5 academic subjects preceding graduation and 2 years 

6 or more of higher education, or an apprenticeship 

7 program of not less than 2 years following secondary 

8 instruction, designed to lead to technical skill pro9 ficiency, a credential, a certificate, or a degree, in a 

10 specific career field;’’; 

11 (B) in paragraph (3)(B), by inserting ‘‘in12 cluding through the use of articulation agree13 ments, and’’ after ‘‘career fields,’’; 

14 (C) by striking paragraph (4) and inserting 

15 the following: 

16 ‘‘(4) include in-service professional development 

17 for teachers, faculty, principals, and administrators 

18 that— 

19 ‘‘(A) supports effective implementation of 

20 tech-prep programs; 

21 ‘‘(B) supports joint training in the tech22 prep consortium; 

23 ‘‘(C) supports the needs, expectations, and 

24 methods of business and all aspects of an indus25 try; 
200 

•S 250 RS

1 ‘‘(D) supports the use of contextual and ap2 plied curricula, instruction, and assessment; 

3 ‘‘(E) supports the use and application of 

4 technology; and 

5 ‘‘(F) assists in accessing and utilizing data, 

6 including labor market indicators, achievement, 

7 and assessments;’’; 

8 (D) in paragraph (5)— 

9 (i) by striking ‘‘training’’ and insert10 ing ‘‘professional development’’; 

11 (ii) in subparagraph (B), by inserting 

12 ‘‘, which may include through the use of 

13 graduation and career plans’’ after ‘‘pro14 grams’’; 

15 (iii) in subparagraph (D), by striking 

16 ‘‘and’’; 

17 (iv) in subparagraph (E), by inserting 

18 ‘‘and’’ after the semicolon; and 

19 (v) by adding at the end the following: 

20 ‘‘(F) provide comprehensive career guidance 

21 and academic counseling to participating stu22 dents, including special populations;’’; 

23 (E) in paragraph (6)— 
201 

•S 250 RS

1 (i) by inserting ‘‘(including pre-ap2 prenticeship programs)’’ after ‘‘programs’’; 

3 and 

4 (ii) by striking ‘‘and’’ after the semi5 colon; 

6 (F) in paragraph (7), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(8) coordinate with activities conducted under 

10 this title.’’; and 

11 (3) in subsection (d)— 

12 (A) in paragraph (2), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) in paragraph (3), by striking the period 

15 at the end and inserting a semicolon; and 

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

17 ‘‘(4) improve career guidance and academic 

18 counseling for participating students through the de19 velopment and implementation of graduation and ca20 reer plans; and 

21 ‘‘(5) develop curriculum that supports effective 

22 transitions between secondary and postsecondary ca23 reer and technical education programs.’’. 

24 (d) CONSORTIUM APPLICATIONS.—Section 143 (as re25 designated by subsection (a) of this section) is amended— 
202 

•S 250 RS

1 (1) in subsection (a), by striking ‘‘title’’ and in2 serting ‘‘part’’; 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and 

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

6 ‘‘part’’; 

7 (3) in subsection (d)— 

8 (A) in paragraph (1), by inserting ‘‘or ad9 vanced’’ after ‘‘baccalaureate’’; 

10 (B) by striking paragraph (4) and inserting 

11 the following: 

12 ‘‘(4) provide education and training in areas or 

13 skills, including emerging technology, in which there 

14 are significant workforce shortages based on the data 

15 provided by the entity in the State under section 

16 118;’’; 

17 (C) in paragraph (5), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

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

20 ‘‘(6) demonstrate success in, or provide assur21 ances of, coordination and integration with eligible 

22 recipients described in part C.’’; and 

23 (4) in subsection (e), by striking ‘‘title’’ and in24 serting ‘‘part’’. 
203 

•S 250 RS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 144 (as redesignated by subsection (a) of this section) is 

3 amended— 

4 (1) by striking ‘‘title (other than section 207)’’ 

5 and inserting ‘‘part’’; and 

6 (2) by striking ‘‘1999 and each of the 4’’ and in7 serting ‘‘2006 and each of the 5’’. 

8 TITLE II—GENERAL PROVISIONS 

9 SEC. 201. REDESIGNATION OF TITLE. 

10 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title 

11 III (20 U.S.C. 2391 et seq.) is amended by redesignating 

12 sections 311 through 318 as sections 211 through 218, re13 spectively. 

14 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III 

15 (20 U.S.C. 2391 et seq.) is amended by redesignating sec16 tions 321 through 325 as sections 221 through 225, respec17 tively. 

18 (c) TITLE HEADING.—The title heading of title III (20 

19 U.S.C. 2391 et seq.) is amended to read as follows: 

20 ‘‘TITLE II—GENERAL 

21 PROVISIONS’’. 

22 SEC. 202. FISCAL REQUIREMENTS. 

23 Section 211 (as redesignated by section 201 of this Act) 

24 is amended— 
204 

•S 250 RS

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

2 appears and inserting ‘‘career’’; and 

3 (2) in subsection (b)— 

4 (A) by striking paragraph (1) and inserting 

5 the following: 

6 ‘‘(1) DETERMINATION.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) and (C), no payments shall 

9 be made under this Act for any fiscal year to a 

10 State for activities authorized under title I un11 less the Secretary determines that the average fis12 cal effort per student or the aggregate expendi13 tures of such State for career and technical edu14 cation programs for the 3 fiscal years preceding 

15 the fiscal year for which the determination is 

16 made, equaled or exceeded such effort or expendi17 tures for career and technical education pro18 grams, for the 3 fiscal years preceding the fiscal 

19 year for which the determination is made. 

20 ‘‘(B) COMPUTATION.—In computing the av21 erage fiscal effort or aggregate expenditures pur22 suant to subparagraph (A), the Secretary shall 

23 exclude capital expenditures, special one-time 

24 project costs, and the cost of pilot programs. 
205 

•S 250 RS

1 ‘‘(C) DECREASE IN FEDERAL SUPPORT.—If 

2 the amount made available for career and tech3 nical education programs under this Act for a 

4 fiscal year is less than the amount made avail5 able for career and technical education programs 

6 under this Act for the preceding fiscal year, then 

7 the average fiscal effort per student or the aggre8 gate expenditures of a State required by sub9 paragraph (A) for the 3 preceding fiscal years 

10 shall be decreased by the same percentage as the 

11 percentage decrease in the amount so made 

12 available.’’; and 

13 (B) in paragraph (2), by striking ‘‘fiscal ef14 fort’’ both places the term appears and inserting 

15 ‘‘average fiscal effort’’. 

16 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION. 

17 Section 214 (as redesignated by section 201 of this Act) 

18 is amended by striking ‘‘vocational’’ both places the term 

19 appears and inserting ‘‘career’’. 

20 SEC. 204. LIMITATION FOR CERTAIN STUDENTS. 

21 Section 215 (as redesignated by section 201 of this Act) 

22 is amended by striking ‘‘vocational’’ and inserting ‘‘ca23 reer’’. 
206 

•S 250 RS

1 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION 

2 OF PRIVATE SCHOOL PERSONNEL. 

3 Part A of title II (as redesignated by section 201 of 

4 this Act) is amended— 

5 (1) by striking section 217; 

6 (2) by redesignating section 218 as section 217; 

7 and 

8 (3) in section 217 (as redesignated by paragraph 

9 (2) of this section)— 

10 (A) by inserting ‘‘principals,’’ after ‘‘for vo11 cational and technical education teachers,’’; 

12 (B) by inserting ‘‘principals,’’ after ‘‘of vo13 cational and technical education teachers,’’; and 

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

15 term appears and inserting ‘‘career’’. 

16 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL PRO17 GRAMS. 

18 Section 225(c) (as redesignated by section 201 of this 

19 Act) is amended— 

20 (1) in the subsection heading, by striking ‘‘VOCA21 TIONAL’’ and inserting ‘‘CAREER’’; and 

22 (2) by striking ‘‘vocational’’ both places the term 

23 appears and inserting ‘‘career’’. 

24 SEC. 207. TABLE OF CONTENTS. 

25 Section 1(b) (20 U.S.C. 2301 note) is amended to read 

26 as follows: 
207 

•S 250 RS

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. Purpose. 

‘‘Sec. 3. Definitions. 

‘‘Sec. 4. Transition provisions. 

‘‘Sec. 5. Privacy. 

‘‘Sec. 6. Limitation. 

‘‘Sec. 7. Special rule. 

‘‘Sec. 8. Authorization of appropriations. 

‘‘TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO 

THE STATES 

‘‘PART A—ALLOTMENT AND ALLOCATION

‘‘Sec. 111. Reservations and State allotment. 

‘‘Sec. 112. Within State allocation. 

‘‘Sec. 113. Accountability. 

‘‘Sec. 114. National activities. 

‘‘Sec. 115. Assistance for the outlying areas. 

‘‘Sec. 116. Native American 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. 
208 

•S 250 RS

‘‘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. 

‘‘Sec. 224. Limitation on Federal regulations. 

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

Calendar No. 39 

109TH CONGRESS 

1ST SESSION S. 250 

A BILL 

To amend the Carl D. Perkins Vocational and 

Act. Technical Education Act of 1998 to improve the 

MARCH 9, 2005 

Reported with an amendment