49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–597 

CARL D. PERKINS CAREER AND TECHNICAL EDUCATION 

IMPROVEMENT ACT OF 2006 

JULY 25, 2006.—Ordered to be printed 

Mr. MCKEON, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 250] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the House to the bill (S. 250), 

to amend the Carl D. Perkins Vocational and Technical Education 

Act of 1998 to improve the Act, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House to the text of the bill and agree to the same with 

an amendment as follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

SECTION 1. SHORT TITLE; AMENDMENT. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Carl D. Perkins Career and Technical Education Improvement Act of 2006’’. 

(b) AMENDMENT.—The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.) is amended to 

read as follows: 

‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Carl D. Perkins Career and Technical Education Act of 2006’. 

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


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‘‘Sec. 8. Prohibitions. 

‘‘Sec. 9. 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 programs. 

‘‘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 education programs. 

‘‘Sec. 132. Distribution of funds for postsecondary 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. 

‘‘TITLE II—TECH PREP EDUCATION 

‘‘Sec. 201. State allotment and application. 

‘‘Sec. 202. Consolidation of funds. 

‘‘Sec. 203. Tech prep program. 

‘‘Sec. 204. Consortium applications. 

‘‘Sec. 205. Report. 

‘‘Sec. 206. Authorization of appropriations. 

‘‘TITLE III—GENERAL PROVISIONS 

‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS

‘‘Sec. 311. Fiscal requirements. 

‘‘Sec. 312. Authority to make payments. 

‘‘Sec. 313. Construction. 

‘‘Sec. 314. Voluntary selection and participation. 

‘‘Sec. 315. Limitation for certain students. 

‘‘Sec. 316. Federal laws guaranteeing civil rights. 

‘‘Sec. 317. Participation of private school personnel and children. 

‘‘Sec. 318. Limitation on Federal regulations. 

‘‘PART B—STATE ADMINISTRATIVE PROVISIONS

‘‘Sec. 321. Joint funding. 

‘‘Sec. 322. Prohibition on use of funds to induce out-of-state relocation of businesses. 

‘‘Sec. 323. State administrative costs. 

‘‘Sec. 324. Student assistance and other Federal programs. 

‘‘SEC. 2. PURPOSE. 

‘‘The purpose of this Act is to develop more fully the academic 

and career and technical skills of secondary education students and 

postsecondary education students who elect to enroll in career and 

technical education programs, by—

‘‘(1) building on the efforts of States and localities to develop challenging academic and technical standards and to assist students in meeting such standards, including preparation 

for high skill, high wage, or high demand occupations in current or emerging professions; 


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‘‘(2) promoting the development of services and activities 

that integrate rigorous and challenging academic and career 

and technical instruction, and that link secondary education 

and postsecondary education for participating career and technical education students; ‘‘(3) increasing State and local flexibility in providing services and activities designed to develop, implement, and improve 

career and technical education, including tech prep education; ‘‘(4) conducting and disseminating national research and 

disseminating information on best practices that improve career 

and technical education programs, services, and activities; ‘‘(5) providing technical assistance that— ‘‘(A) promotes leadership, initial preparation, and professional development at the State and local levels; and ‘‘(B) improves the quality of career and technical education teachers, faculty, administrators, and counselors; 

‘‘(6) supporting partnerships among secondary schools, 

postsecondary institutions, baccalaureate degree granting institutions, area career and technical education schools, local workforce investment boards, business and industry, and intermediaries; and ‘‘(7) providing individuals with opportunities throughout 

their lifetimes to develop, in conjunction with other education 

and training programs, the knowledge and skills needed to keep 

the United States competitive. 

‘‘SEC. 3. DEFINITIONS. 

‘‘Unless otherwise specified, in this Act: ‘‘(1) ADMINISTRATION.—The term ‘administration’, when 

used with respect to an eligible agency or eligible recipient, 

means activities necessary for the proper and efficient performance of the eligible agency or eligible recipient’s duties under 

this Act, including the supervision of such activities. Such term 

does not include curriculum development activities, personnel 

development, or research activities. ‘‘(2) ALL ASPECTS OF AN INDUSTRY.—The term ‘all aspects 

of an industry’ means strong experience in, and comprehensive 

understanding of, the industry that the individual is preparing 

to enter, including information as described in section 118. ‘‘(3) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.— The term ‘area career and technical education school’ means— ‘‘(A) a specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study 

in preparation for entering the labor market; 

‘‘(B) the department of a public secondary school exclusively or principally used for providing career and technical 

education in not fewer than 5 different occupational fields 

to individuals who are available for study in preparation 

for entering the labor market; 

‘‘(C) a public or nonprofit technical institution or career 

and technical education school used exclusively or principally for the provision of career and technical education 

to individuals who have completed or left secondary school 

and who are available for study in preparation for entering 

the labor market, if the institution or school admits, as regVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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ular students, individuals who have completed secondary 

school and individuals who have left secondary school; or 

‘‘(D) the department or division of an institution of 

higher education, that operates under the policies of the eligible agency and that provides career and technical education in not fewer than 5 different occupational fields 

leading to immediate employment but not necessarily leading to a baccalaureate degree, if the department or division 

admits, as regular students, both individuals who have 

completed secondary school and individuals who have left 

secondary school. 

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

agreement’ means a written commitment—

‘‘(A) that is agreed upon at the State level or approved 

annually by the lead administrators of—

‘‘(i) a secondary institution and a postsecondary 

educational institution; or 

‘‘(ii) a subbaccalaureate degree granting postsecondary educational institution and a baccalaureate degree granting postsecondary educational institution; 

and 

‘‘(B) to a program that is—

‘‘(i) designed to provide students with a nonduplicative sequence of progressive achievement leading to technical skill proficiency, a credential, a certificate, or a degree; and 

‘‘(ii) linked through credit transfer agreements between the 2 institutions described in clause (i) or (ii) of 

subparagraph (A) (as the case may be). 

‘‘(5) CAREER AND TECHNICAL EDUCATION.—The term ‘career 

and technical education’ means organized educational activities 

that—

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

‘‘(i) provides individuals with coherent and rigorous content aligned with challenging academic 

standards and relevant technical knowledge and skills 

needed to prepare for further education and careers in 

current or emerging professions; 

‘‘(ii) provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate 

degree; and 

‘‘(iii) may include prerequisite courses (other than 

a remedial course) that meet the requirements of this 

subparagraph; and 

‘‘(B) include competency-based applied learning that 

contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general 

employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. 

‘‘(6) CAREER AND TECHNICAL STUDENT ORGANIZATION.—

‘‘(A) IN GENERAL.—The term ‘career and technical student organization’ means an organization for individuals 

enrolled in a career and technical education program that 


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engages in career and technical education activities as an 

integral part of the instructional program. ‘‘(B) STATE AND NATIONAL UNITS.—An organization described in subparagraph (A) may have State and national 

units that aggregate the work and purposes of instruction 

in career and technical education at the local level. 

‘‘(7) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The 

term ‘career guidance and academic counseling’ means guidance and counseling that— ‘‘(A) provides access for students (and parents, as appropriate) to information regarding career awareness and 

planning with respect to an individual’s occupational and 

academic future; and ‘‘(B) provides information with respect to career options, financial aid, and postsecondary options, including 

baccalaureate degree programs. 

‘‘(8) CHARTER SCHOOL.—The term ‘charter school’ has the 

meaning given the term in section 5210 of the Elementary and 

Secondary Education Act of 1965. 

‘‘(9) COOPERATIVE EDUCATION.—The term ‘cooperative education’ means a method of education for individuals who, 

through written cooperative arrangements between a school and 

employers, receive instruction, including required rigorous and 

challenging academic courses and related career and technical 

education instruction, by alternation of study in school with a 

job in any occupational field, which alternation—

‘‘(A) shall be planned and supervised by the school and 

employer so that each contributes to the education and employability of the individual; and 

‘‘(B) may include an arrangement in which work periods and school attendance may be on alternate half days, 

full days, weeks, or other periods of time in fulfilling the 

cooperative program. 

‘‘(10) DISPLACED HOMEMAKER.—The term ‘displaced homemaker’ means an individual who—

‘‘(A)(i) has worked primarily without remuneration to 

care for a home and family, and for that reason has diminished marketable skills; 

‘‘(ii) has been dependent on the income of another family member but is no longer supported by that income; or 

‘‘(iii) is a parent whose youngest dependent child will 

become ineligible to receive assistance under part A of title 

IV of the Social Security Act (42 U.S.C. 601 et seq.) not 

later than 2 years after the date on which the parent applies for assistance under such title; and 

‘‘(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. 

‘‘(11) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 

1965. 

‘‘(12) ELIGIBLE AGENCY.—The term ‘eligible agency’ means 

a State board designated or created consistent with State law 

as the sole State agency responsible for the administration of 

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vision of the administration of career and technical education 

in the State. 

‘‘(13) ELIGIBLE INSTITUTION.—The term ‘eligible institution’

means—

‘‘(A) a public or nonprofit private institution of higher 

education that offers career and technical education courses 

that lead to technical skill proficiency, an industry-recognized credential, a certificate, or a degree; 

‘‘(B) a local educational agency providing education at 

the postsecondary level; 

‘‘(C) an area career and technical education school providing education at the postsecondary level; 

‘‘(D) a postsecondary educational institution controlled 

by the Bureau of Indian Affairs or operated by or on behalf 

of any Indian tribe that is eligible to contract with the Secretary of the Interior for the administration of programs 

under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Act of April 16, 1934 

(25 U.S.C. 452 et seq.); 

‘‘(E) an educational service agency; or 

‘‘(F) a consortium of 2 or more of the entities described 

in subparagraphs (A) through (E). 

‘‘(14) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’

means—

‘‘(A) a local educational agency (including a public 

charter school that operates as a local educational agency), 

an area career and technical education school, an educational service agency, or a consortium, eligible to receive 

assistance under section 131; or 

‘‘(B) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 132. 

‘‘(15) GOVERNOR.—The term ‘Governor’ means the chief executive officer of a State. 

‘‘(16) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—

The term ‘individual with limited English proficiency’ means a 

secondary school student, an adult, or an out-of-school youth, 

who has limited ability in speaking, reading, writing, or understanding the English language, and—

‘‘(A) whose native language is a language other than 

English; or 

‘‘(B) who lives in a family or community environment 

in which a language other than English is the dominant 

language. 

‘‘(17) INDIVIDUAL WITH A DISABILITY.—

‘‘(A) IN GENERAL.—The term ‘individual with a disability’ means an individual with any disability (as defined 

in section 3 of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12102)). 

‘‘(B) INDIVIDUALS WITH DISABILITIES.—The term ‘individuals with disabilities’ means more than 1 individual 

with a disability. 

‘‘(18) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in 

section 101 of the Higher Education Act of 1965. 


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‘‘(19) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ has the meaning given the term in section 9101 

of the Elementary and Secondary Education Act of 1965. ‘‘(20) NON-TRADITIONAL FIELDS.—The term ‘non-traditional 

fields’ means occupations or fields of work, including careers in 

computer science, technology, and other current and emerging 

high skill occupations, for which individuals from one gender 

comprise less than 25 percent of the individuals employed in 

each such occupation or field of work. ‘‘(21) OUTLYING AREA.—The term ‘outlying area’ means the 

United States Virgin Islands, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, and the Republic of Palau. ‘‘(22) POSTSECONDARY EDUCATIONAL INSTITUTION.—The 

term ‘postsecondary educational institution’ means—

‘‘(A) an institution of higher education that provides 

not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; 

‘‘(B) a tribally controlled college or university; or 

‘‘(C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. 

‘‘(23) POSTSECONDARY EDUCATION TECH PREP STUDENT.— The term ‘postsecondary education tech prep student’ means a 

student who— ‘‘(A) has completed the secondary education component 

of a tech prep program; and ‘‘(B) has enrolled in the postsecondary education component of a tech prep program at an institution of higher 

education described in clause (i) or (ii) of section 

203(a)(1)(B). 

‘‘(24) SCHOOL DROPOUT.—The term ‘school dropout’ means 

an individual who is no longer attending any school and who 

has not received a secondary school diploma or its recognized 

equivalent. 

‘‘(25) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’ means research that is carried out using 

scientifically based research standards, as defined in section 

102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 

9501). ‘‘(26) SECONDARY EDUCATION TECH PREP STUDENT.—The 

term ‘secondary education tech prep student’ means a secondary 

education student who has enrolled in 2 courses in the secondary education component of a tech prep program. 

‘‘(27) SECONDARY SCHOOL.—The term ‘secondary school’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965. 

‘‘(28) SECRETARY.—The term ‘Secretary’ means the Secretary of Education. 

‘‘(29) SPECIAL POPULATIONS.—The term ‘special populations’ means— ‘‘(A) individuals with disabilities; 

‘‘(B) individuals from economically disadvantaged families, including foster children; ‘‘(C) individuals preparing for non-traditional fields; 

‘‘(D) single parents, including single pregnant women; 


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‘‘(E) displaced homemakers; and 

‘‘(F) individuals with limited English proficiency. ‘‘(30) STATE.—The term ‘State’, unless otherwise specified, 

means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each 

outlying area. ‘‘(31) SUPPORT SERVICES.—The term ‘support services’ means services related to curriculum modification, equipment 

modification, classroom modification, supportive personnel, and 

instructional aids and devices. ‘‘(32) TECH PREP PROGRAM.—The term ‘tech prep program’ means a tech prep program described in section 203(c). ‘‘(33) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The 

term ‘tribally controlled college or university’ has the meaning 

given the term in section 2(a) of the Tribally Controlled College 

or University Assistance Act of 1978 (25 U.S.C. 1801(a)). ‘‘(34) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND

TECHNICAL INSTITUTION.—The term ‘tribally controlled postsecondary career and technical institution’ means an institution of 

higher education (as defined in section 101 of the Higher Education Act of 1965, except that subsection (a)(2) of such section 

shall not be applicable and the reference to Secretary in subsection (a)(5) of such section shall be deemed to refer to the Secretary of the Interior) that— ‘‘(A) is formally controlled, or has been formally sanctioned or chartered, by the governing body of an Indian 

tribe or Indian tribes; ‘‘(B) offers a technical degree or certificate granting 

program; ‘‘(C) is governed by a board of directors or trustees, a 

majority of whom are Indians; ‘‘(D) demonstrates adherence to stated goals, a philosophy, or a plan of operation, that fosters individual Indian 

economic and self-sufficiency opportunity, including programs that are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations; ‘‘(E) has been in operation for at least 3 years; 

‘‘(F) holds accreditation with or is a candidate for accreditation by a nationally recognized accrediting authority 

for postsecondary career and technical education; and 

‘‘(G) enrolls the full-time equivalent of not less than 

100 students, of whom a majority are Indians. 

‘‘SEC. 4. TRANSITION PROVISIONS. 

‘‘The Secretary shall take such steps as the Secretary determines 

to be appropriate to provide for the orderly transition to the authority of this Act (as amended by the Carl D. Perkins Career and Technical Education Improvement Act of 2006) from any authority 

under the provisions of the Carl D. Perkins Vocational and Technical Education Act of 1998, as in effect on the day before the date 

of enactment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006. The Secretary shall give each eligible agency the opportunity to submit a transition plan for the first 

fiscal year following the date of enactment of the Carl D. Perkins 

Career and Technical Education Improvement Act of 2006. 


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‘‘SEC. 5. PRIVACY. 

‘‘(a) GEPA.—Nothing in this Act shall be construed to supersede 

the privacy protections afforded parents and students under section 

444 of the General Education Provisions Act (20 U.S.C. 1232g). 

‘‘(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.—

Nothing in this Act shall be construed to permit the development of 

a national database of personally identifiable information on individuals receiving services under this Act. 

‘‘SEC. 6. LIMITATION. 

‘‘All of the funds made available under this Act shall be used 

in accordance with the requirements of this Act. 

‘‘SEC. 7. SPECIAL RULE. 

‘‘In the case of a local community in which no employees are 

represented by a labor organization, for purposes of this Act, the 

term ‘representatives of employees’ shall be substituted for ‘labor organization’. 

‘‘SEC. 8. PROHIBITIONS. 

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

to authorize an officer or employee of the Federal Government to 

mandate, direct, or control a State, local educational agency, or 

school’s curriculum, program of instruction, or allocation of State or 

local resources, or mandate a State or any subdivision thereof to 

spend any funds or incur any costs not paid for under this Act, except as required under sections 112(b), 311(b), and 323. 

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

declines to submit an application to the Secretary for assistance 

under this Act shall not be precluded from applying for assistance 

under any other program administered by the Secretary. 

‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.—Notwithstanding any other provision of 

Federal law, no State shall be required to have academic and career 

and technical content standards or student academic and career 

and technical achievement standards approved or certified by the 

Federal Government, in order to receive assistance under this Act. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to affect the requirements under section 113. 

‘‘(e) COHERENT AND RIGOROUS CONTENT.—For the purposes of 

this Act, coherent and rigorous content shall be determined by the 

State consistent with section 1111(b)(1)(D) of the Elementary and 

Secondary Education Act of 1965. 

‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There is authorized to be appropriated to carry out this Act 

(other than sections 114, 117, and 118, and title II) such sums as 

may be necessary for each of the fiscal years 2007 through 2012. 

‘‘TITLE I—CAREER AND TECHNICAL EDUCATION 

ASSISTANCE TO THE STATES 

‘‘PART A—ALLOTMENT AND ALLOCATION 

‘‘SEC. 111. RESERVATIONS AND STATE ALLOTMENT. 

‘‘(a) RESERVATIONS AND STATE ALLOTMENT.—


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‘‘(1) RESERVATIONS.—From the sum appropriated under 

section 9 for each fiscal year, the Secretary shall reserve— ‘‘(A) 0.13 percent to carry out section 115; and 

‘‘(B) 1.50 percent to carry out section 116, of which— ‘‘(i) 1.25 percent of the sum shall be available to 

carry out section 116(b); and ‘‘(ii) 0.25 percent of the sum shall be available to 

carry out section 116(h). ‘‘(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs 

(3), (4), and (5), from the remainder of the sum appropriated 

under section 9 and not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for the fiscal year— ‘‘(A) an amount that bears the same ratio to 50 percent 

of the sum being allotted as the product of the population 

aged 15 to 19 inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; ‘‘(B) an amount that bears the same ratio to 20 percent 

of the sum being allotted as the product of the population 

aged 20 to 24, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; ‘‘(C) an amount that bears the same ratio to 15 percent 

of the sum being allotted as the product of the population 

aged 25 to 65, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; and ‘‘(D) an amount that bears the same ratio to 15 percent 

of the sum being allotted as the amounts allotted to the 

State under subparagraphs (A), (B), and (C) for such years 

bears to the sum of the amounts allotted to all the States 

under subparagraphs (A), (B), and (C) for such year. 

‘‘(3) MINIMUM ALLOTMENT FOR YEARS WITH NO ADDITIONAL

FUNDS.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law and subject to subparagraphs (B) and (C), and 

paragraph (5), for a fiscal year for which there are no additional funds (as such term is defined in paragraph (4)(D)), 

no State shall receive for such fiscal year under this subsection less than 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) for 

such fiscal year. Amounts necessary for increasing such 

payments to States to comply with the preceding sentence 

shall be obtained by ratably reducing the amounts to be 

paid to other States. 

‘‘(B) REQUIREMENT.—No State, by reason of the application of subparagraph (A), shall receive for a fiscal year 

more than 150 percent of the amount the State received 

under this subsection for the preceding fiscal year. 

‘‘(C) SPECIAL RULE.— 

‘‘(i) IN GENERAL.—Subject to paragraph (5), no 

State, by reason of the application of subparagraph 


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(A), shall be allotted for a fiscal year more than the 

lesser of—

‘‘(I) 150 percent of the amount that the State 

received in the preceding fiscal year; and 

‘‘(II) the amount calculated under clause (ii). 

‘‘(ii) AMOUNT.—The amount calculated under this 

clause shall be determined by multiplying—

‘‘(I) the number of individuals in the State 

counted under paragraph (2) in the preceding fiscal year; by 

‘‘(II) 150 percent of the national average per 

pupil payment made with funds available under 

this section for that year. 

‘‘(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL

FUNDS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 

paragraph (5), for a fiscal year for which there are additional funds, no State shall receive for such fiscal year 

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

amount appropriated under section 9 and not reserved 

under paragraph (1) for such fiscal year. Amounts necessary for increasing such payments to States to comply 

with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States. 

‘‘(B) SPECIAL RULE.—In the case of a qualifying State, 

the minimum allotment under subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—

‘‘(i) 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) 

for such fiscal year; and 

‘‘(ii) the sum of—

‘‘(I) the amount the qualifying State was allotted under paragraph (2) for fiscal year 2006 (as 

such paragraph was in effect on the day before the 

date of enactment of the Carl D. Perkins Career 

and Technical Education Improvement Act of 

2006); and 

‘‘(II) the product of—

‘‘(aa) 1⁄3 of the additional funds; multiplied by 

‘‘(bb) the quotient of—

‘‘(AA) the qualifying State’s ratio described in subparagraph (C) for the fiscal 

year for which the determination is made; 

divided by 

‘‘(BB) the sum of all such ratios for 

all qualifying States for the fiscal year for 

which the determination is made. 

‘‘(C) RATIO.—For purposes of subparagraph 

(B)(ii)(II)(bb)(AA), the ratio for a qualifying State for a fiscal year shall be 1.00 less the quotient of—

‘‘(i) the amount the qualifying State was allotted 

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ment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006); divided by ‘‘(ii) 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) 

for the fiscal year for which the determination is made. 

‘‘(D) DEFINITIONS.—In this paragraph: ‘‘(i) ADDITIONAL FUNDS.—The term ‘additional 

funds’ means the amount by which— ‘‘(I) the sum appropriated under section 9 and 

not reserved under paragraph (1) for a fiscal year; 

exceeds ‘‘(II) the sum of— ‘‘(aa) the amount allotted under paragraph (2) for fiscal year 2006 (as such paragraph (2) was in effect on the day before the 

date of enactment of the Carl D. Perkins Career and Technical Education Improvement 

Act of 2006); ‘‘(bb) the amount reserved under paragraph (1)(C) for fiscal year 2006 (as such 

paragraph (1)(C) was so in effect); and ‘‘(cc) $827,671. ‘‘(ii) QUALIFYING STATE.—The term ‘qualifying 

State’ means a State (except the United States Virgin 

Islands) that, for the fiscal year for which a determination under this paragraph is made, would receive, 

under the allotment formula under paragraph (2) 

(without the application of this paragraph and paragraphs (3) and (5)), an amount that would be less than 

the amount the State would receive under subparagraph (A) for such fiscal year. ‘‘(5) HOLD HARMLESS.—

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

under this section for a fiscal year that is less than the allotment the State received under part A of title I of the Carl 

D. Perkins Vocational and Applied Technology Education 

Act (20 U.S.C. 2311 et seq.) (as such part was in effect on 

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

Vocational and Applied Technology Education Amendments of 1998) for fiscal year 1998. ‘‘(B) RATABLE REDUCTION.—If for any fiscal year the 

amount appropriated for allotments under this section is 

insufficient to satisfy the provisions of subparagraph (A), 

the payments to all States under such subparagraph shall 

be ratably reduced. 

‘‘(b) REALLOTMENT.—If the Secretary determines that any 

amount of any State’s allotment under subsection (a) for any fiscal 

year will not be required for such fiscal year for carrying out the 

activities for which such amount has been allotted, the Secretary 

shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same 

year as the Secretary shall fix, and shall be made on the basis of 

criteria established by regulation. No funds may be reallotted for 

any use other than the use for which the funds were appropriated. 

Any amount reallotted to a State under this subsection for any fiscal 


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year shall remain available for obligation during the succeeding fiscal year and shall be deemed to be part of the State’s allotment for 

the year in which the amount is obligated. 

‘‘(c) ALLOTMENT RATIO.—

‘‘(1) IN GENERAL.—The allotment ratio for any State shall 

be 1.00 less the product of—

‘‘(A) 0.50; and 

‘‘(B) the quotient obtained by dividing the per capita 

income for the State by the per capita income for all the 

States (exclusive of the Commonwealth of Puerto Rico and 

the United States Virgin Islands), except that—

‘‘(i) the allotment ratio in no case shall be more 

than 0.60 or less than 0.40; and 

‘‘(ii) the allotment ratio for the Commonwealth of 

Puerto Rico and the United States Virgin Islands shall 

be 0.60. 

‘‘(2) PROMULGATION.—The allotment ratios shall be promulgated by the Secretary for each fiscal year between October 1 

and December 31 of the fiscal year preceding the fiscal year for 

which the determination is made. Allotment ratios shall be 

computed on the basis of the average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for 

which satisfactory data are available. 

‘‘(3) DEFINITION OF PER CAPITA INCOME.—For the purpose 

of this section, the term ‘per capita income’ means, with respect 

to a fiscal year, the total personal income in the calendar year 

ending in such year, divided by the population of the area concerned in such year. 

‘‘(4) POPULATION DETERMINATION.—For the purposes of this 

section, population shall be determined by the Secretary on the 

basis of the latest estimates available to the Department of Education. 

‘‘(d) DEFINITION OF STATE.—For the purpose of this section, the 

term ‘State’ means each of the several States of the United States, 

the District of Columbia, the Commonwealth of Puerto Rico, and the 

United States Virgin Islands. 

‘‘SEC. 112. WITHIN STATE ALLOCATION. 

‘‘(a) IN GENERAL.—From the amount allotted to each State 

under section 111 for a fiscal year, the eligible agency shall make 

available—

‘‘(1) not less than 85 percent for distribution under section 

131 or 132, of which not more than 10 percent of the 85 percent 

may be used in accordance with subsection (c); 

‘‘(2) not more than 10 percent to carry out State leadership 

activities described in section 124, of which—

‘‘(A) an amount equal to not more than 1 percent of the 

amount allotted to the State under section 111 for the fiscal 

year shall be made available to serve individuals in State 

institutions, such as State correctional institutions and institutions that serve individuals with disabilities; and 

‘‘(B) not less than $60,000 and not more than $150,000 

shall be available for services that prepare individuals for 

non-traditional fields; and 


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‘‘(3) an amount equal to not more than 5 percent, or $250,000, whichever is greater, for administration of the State 

plan, which may be used for the costs of— ‘‘(A) developing the State plan; 

‘‘(B) reviewing a local plan; 

‘‘(C) monitoring and evaluating program effectiveness; 

‘‘(D) assuring compliance with all applicable Federal 

laws; ‘‘(E) providing technical assistance; and 

‘‘(F) supporting and developing State data systems relevant to the provisions of this Act. ‘‘(b) MATCHING REQUIREMENT.—Each eligible agency receiving 

funds made available under subsection (a)(3) shall match, from 

non-Federal sources and on a dollar-for-dollar basis, the funds received under subsection (a)(3). ‘‘(c) RESERVE.—From amounts made available under subsection 

(a)(1) to carry out this subsection, an eligible agency may award 

grants to eligible recipients for career and technical education activities described in section 135 in— ‘‘(1) rural areas; 

‘‘(2) areas with high percentages of career and technical 

education students; and ‘‘(3) areas with high numbers of career and technical education students. 

‘‘SEC. 113. ACCOUNTABILITY. 

‘‘(a) PURPOSE.—The purpose of this section is to establish and 

support State and local performance accountability systems, comprised of the activities described in this section, to assess the effectiveness of the State and the eligible recipients of the State in 

achieving statewide progress in career and technical education, and 

to optimize the return of investment of Federal funds in career and 

technical education activities. ‘‘(b) STATE PERFORMANCE MEASURES.— ‘‘(1) IN GENERAL.—Each eligible agency, with input from eligible recipients, shall establish performance measures for a 

State that consist of— ‘‘(A) the core indicators of performance described in 

subparagraphs (A) and (B) of paragraph (2); ‘‘(B) any additional indicators of performance (if any) 

identified by the eligible agency under paragraph (2)(C); 

and 

‘‘(C) a State adjusted level of performance described in 

paragraph (3)(A) for each core indicator of performance, 

and State levels of performance described in paragraph 

(3)(B) for each additional indicator of performance. 

‘‘(2) INDICATORS OF PERFORMANCE.—

‘‘(A) CORE INDICATORS OF PERFORMANCE FOR CAREER

AND TECHNICAL EDUCATION STUDENTS AT THE SECONDARY

LEVEL.—Each eligible agency shall identify in the State 

plan core indicators of performance for career and technical 

education students at the secondary level that are valid 

and reliable, and that include, at a minimum, measures of 

each of the following: 

‘‘(i) Student attainment of challenging academic 

content standards and student academic achievement 


hmoore on PROD1PC68 with HMRPT
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standards, as adopted by a State in accordance with 

section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and measured by the State determined proficient levels on the academic assessments 

described in section 1111(b)(3) of such Act. ‘‘(ii) Student attainment of career and technical 

skill proficiencies, including student achievement on 

technical assessments, that are aligned with industryrecognized standards, if available and appropriate. ‘‘(iii) Student rates of attainment of each of the following: ‘‘(I) A secondary school diploma. 

‘‘(II) A General Education Development (GED) 

credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities). ‘‘(III) A proficiency credential, certificate, or 

degree, in conjunction with a secondary school diploma (if such credential, certificate, or degree is 

offered by the State in conjunction with a secondary school diploma). 

‘‘(iv) Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary 

Education Act of 1965). ‘‘(v) Student placement in postsecondary education 

or advanced training, in military service, or in employment. ‘‘(vi) Student participation in and completion of career and technical education programs that lead to 

non-traditional fields. 

‘‘(B) CORE INDICATORS OF PERFORMANCE FOR CAREER

AND TECHNICAL EDUCATION STUDENTS AT THE POSTSECONDARY LEVEL.—Each eligible agency shall identify in the 

State plan core indicators of performance for career and 

technical education students at the postsecondary level that 

are valid and reliable, and that include, at a minimum, 

measures of each of the following: ‘‘(i) Student attainment of challenging career and 

technical skill proficiencies, including student achievement on technical assessments, that are aligned with 

industry-recognized standards, if available and appropriate. ‘‘(ii) Student attainment of an industry-recognized 

credential, a certificate, or a degree. ‘‘(iii) Student retention in postsecondary education 

or transfer to a baccalaureate degree program. ‘‘(iv) Student placement in military service or apprenticeship programs or placement or retention in employment, including placement in high skill, high 

wage, or high demand occupations or professions. 

‘‘(v) Student participation in, and completion of, 

career and technical education programs that lead to 

employment in non-traditional fields. 

‘‘(C) ADDITIONAL INDICATORS OF PERFORMANCE.—An eligible agency, with input from eligible recipients, may idenVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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tify in the State plan additional indicators of performance 

for career and technical education activities authorized 

under this title, such as attainment of self-sufficiency. ‘‘(D) EXISTING INDICATORS.—If a State has developed, 

prior to the date of enactment of the Carl D. Perkins Career 

and Technical Education Improvement Act of 2006, State 

career and technical education performance measures that 

meet the requirements of this section (as amended by such 

Act), the State may use such performance measures to 

measure the progress of career and technical education students. ‘‘(E) STATE ROLE.—Indicators of performance described 

in this paragraph shall be established solely by each eligible agency with input from eligible recipients. 

‘‘(F) ALIGNMENT OF PERFORMANCE INDICATORS.—In the 

course of developing core indicators of performance and additional indicators of performance, an eligible agency shall, 

to the greatest extent possible, align the indicators so that 

substantially similar information gathered for other State 

and Federal programs, or for any other purpose, is used to 

meet the requirements of this section. 

‘‘(3) STATE LEVELS OF PERFORMANCE.— ‘‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR

CORE INDICATORS OF PERFORMANCE.— ‘‘(i) IN GENERAL.—Each eligible agency, with input 

from eligible recipients, shall establish in the State 

plan submitted under section 122, levels of performance for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) 

for career and technical education activities authorized 

under this title. The levels of performance established 

under this subparagraph shall, at a minimum— ‘‘(I) be expressed in a percentage or numerical 

form, so as to be objective, quantifiable, and measurable; and 

‘‘(II) require the State to continually make 

progress toward improving the performance of career and technical education students. 

‘‘(ii) IDENTIFICATION IN THE STATE PLAN.—Subject 

to section 4, each eligible agency shall identify, in the 

State plan submitted under section 122, levels of performance for each of the core indicators of performance 

for the first 2 program years covered by the State plan. ‘‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF

PERFORMANCE FOR FIRST 2 YEARS.—The Secretary and 

each eligible agency shall reach agreement on the levels 

of performance for each of the core indicators of performance, for the first 2 program years covered by the 

State plan, taking into account the levels identified in 

the State plan under clause (ii) and the factors described in clause (vi). The levels of performance agreed 

to under this clause shall be considered to be the State 

adjusted level of performance for the State for such 

years and shall be incorporated into the State plan 

prior to the approval of such plan. 


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‘‘(iv) ROLE OF THE SECRETARY.—The role of the 

Secretary in the agreement described in clauses (iii) 

and (v) is limited to reaching agreement on the percentage or number of students who attain the State adjusted levels of performance. 

‘‘(v) AGREEMENT ON STATE ADJUSTED LEVELS OF

PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the 

third and fifth program years covered by the State 

plan, the Secretary and each eligible agency shall 

reach agreement on the State adjusted levels of performance for each of the core indicators of performance 

for the corresponding subsequent program years covered by the State plan, taking into account the factors 

described in clause (vi). The State adjusted levels of 

performance agreed to under this clause shall be considered to be the State adjusted levels of performance 

for the State for such years and shall be incorporated 

into the State plan. 

‘‘(vi) FACTORS.—The agreement described in clause 

(iii) or (v) shall take into account—

‘‘(I) how the levels of performance involved 

compare with the State adjusted levels of performance established for other States, taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and 

‘‘(II) the extent to which such levels of performance promote continuous improvement on the indicators of performance by such State. 

‘‘(vii) REVISIONS.—If unanticipated circumstances 

arise in a State resulting in a significant change in the 

factors described in clause (vi), the eligible agency may 

request that the State adjusted levels of performance 

agreed to under clause (iii) or (v) be revised. The Secretary shall issue objective criteria and methods for 

making such revisions. 

‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—Each eligible agency shall identify in the State plan 

State levels of performance for each of the additional indicators of performance described in paragraph (2)(C). Such 

levels shall be considered to be the State levels of performance for purposes of this title. 

‘‘(4) LOCAL LEVELS OF PERFORMANCE.—

‘‘(A) LOCAL ADJUSTED LEVELS OF PERFORMANCE FOR

CORE INDICATORS OF PERFORMANCE.—

‘‘(i) IN GENERAL.—Each eligible recipient shall 

agree to accept the State adjusted levels of performance 

established under paragraph (3) as local adjusted levels of performances, or negotiate with the State to reach 

agreement on new local adjusted levels of performance, 

for each of the core indicators of performance described 

in subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized 


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under this title. The levels of performance established 

under this subparagraph shall, at a minimum—

‘‘(I) be expressed in a percentage or numerical 

form, consistent with the State levels of performance established under paragraph (3), so as to be 

objective, quantifiable, and measurable; and 

‘‘(II) require the eligible recipient to continually make progress toward improving the performance of career and technical education students. 

‘‘(ii) IDENTIFICATION IN THE LOCAL PLAN.—Each eligible recipient shall identify, in the local plan submitted under section 134, levels of performance for 

each of the core indicators of performance for the first 

2 program years covered by the local plan. 

‘‘(iii) AGREEMENT ON LOCAL ADJUSTED LEVELS OF

PERFORMANCE FOR FIRST 2 YEARS.—The eligible agency 

and each eligible recipient shall reach agreement, as 

described in clause (i), on the eligible recipient’s levels 

of performance for each of the core indicators of performance for the first 2 program years covered by the 

local plan, taking into account the levels identified in 

the local plan under clause (ii) and the factors described in clause (v). The levels of performance agreed 

to under this clause shall be considered to be the local 

adjusted levels of performance for the eligible recipient 

for such years and shall be incorporated into the local 

plan prior to the approval of such plan. 

‘‘(iv) AGREEMENT ON LOCAL ADJUSTED LEVELS OF

PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the 

third and fifth program years covered by the local 

plan, the eligible agency and each eligible recipient 

shall reach agreement on the local adjusted levels of 

performance for each of the core indicators of performance for the corresponding subsequent program years 

covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of 

performance agreed to under this clause shall be considered to be the local adjusted levels of performance 

for the eligible recipient for such years and shall be incorporated into the local plan. 

‘‘(v) FACTORS.—The agreement described in clause 

(iii) or (iv) shall take into account—

‘‘(I) how the levels of performance involved 

compare with the local adjusted levels of performance established for other eligible recipients in the 

State, taking into account factors including the 

characteristics of participants when the participants entered the program and the services or instruction to be provided; and 

‘‘(II) the extent to which the local adjusted levels of performance promote continuous improvement on the core indicators of performance by the 

eligible recipient. 


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‘‘(vi) REVISIONS.—If unanticipated circumstances 

arise with respect to an eligible recipient resulting in a 

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

the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) 

or (iv) be revised. The eligible agency shall issue objective criteria and methods for making such revisions. 

‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—Each eligible recipient may identify, in the local 

plan, local levels of performance for any additional indicators of performance described in paragraph (2)(C). Such 

levels shall be considered to be the local levels of performance for purposes of this title. 

‘‘(C) LOCAL REPORT.—

‘‘(i) CONTENT OF REPORT.—Each eligible recipient 

that receives an allocation described in section 112 

shall annually prepare and submit to the eligible agency a report, which shall include the data described in 

clause (ii)(I), regarding the progress of such recipient 

in achieving the local adjusted levels of performance on 

the core indicators of performance. 

‘‘(ii) DATA.—Except as provided in clauses (iii) and 

(iv), each eligible recipient that receives an allocation 

described in section 112 shall—

‘‘(I) disaggregate data for each of the indicators of performance under paragraph (2) for the 

categories of students described in section 

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

Education Act of 1965 and section 3(29) that are 

served under this Act; and 

‘‘(II) identify and quantify any disparities or 

gaps in performance between any such category of 

students and the performance of all students 

served by the eligible recipient under this Act. 

‘‘(iii) NONDUPLICATION.—The eligible agency shall 

ensure, in a manner that is consistent with the actions 

of the Secretary under subsection (c)(3), that each eligible recipient does not report duplicative information 

under this section. 

‘‘(iv) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under clause (ii) shall not be required when the number of students in a category is insufficient to yield statistically reliable information or 

when the results would reveal personally identifiable 

information about an individual student. 

‘‘(v) AVAILABILITY.—The report described in clause 

(i) shall be made available to the public through a variety of formats, including electronically through the 

Internet. 

‘‘(c) REPORT.—

‘‘(1) IN GENERAL.—Each eligible agency that receives an allotment under section 111 shall annually prepare and submit 

to the Secretary a report regarding—


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‘‘(A) the progress of the State in achieving the State adjusted levels of performance on the core indicators of performance; and ‘‘(B) information on the levels of performance achieved 

by the State with respect to the additional indicators of performance, including the levels of performance for special 

populations. 

‘‘(2) DATA.—Except as provided in paragraphs (3) and (4), 

each eligible agency that receives an allotment under section 

111 or 201 shall— ‘‘(A) disaggregate data for each of the indicators of performance under subsection (b)(2) for the categories of students described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 and section 

3(29) that are served under this Act; and ‘‘(B) identify and quantify any disparities or gaps in 

performance between any such category of students and the 

performance of all students served by the eligible agency 

under this Act, which shall include a quantifiable description of the progress each such category of students served 

by the eligible agency under this Act has made in meeting 

the State adjusted levels of performance. 

‘‘(3) NONDUPLICATION.—The Secretary shall ensure that 

each eligible agency does not report duplicative information 

under this section. ‘‘(4) RULES FOR REPORTING OF DATA.—The disaggregation 

of data under paragraph (2) shall not be required when the 

number of students in a category is insufficient to yield statistically reliable information or when the results would reveal 

personally identifiable information about an individual student. ‘‘(5) INFORMATION DISSEMINATION.—The Secretary— ‘‘(A) shall make the information contained in such reports available to the general public through a variety of 

formats, including electronically through the Internet; ‘‘(B) shall disseminate State-by-State comparisons of 

the information; and ‘‘(C) shall provide the appropriate committees of Congress with copies of such reports. 

‘‘SEC. 114. NATIONAL ACTIVITIES. 

‘‘(a) PROGRAM PERFORMANCE INFORMATION.—

‘‘(1) IN GENERAL.—The Secretary shall collect performance 

information about, and report on, the condition of career and 

technical education and on the effectiveness of State and local 

programs, services, and activities carried out under this title in 

order to provide the Secretary and Congress, as well as Federal, 

State, local, and tribal agencies, with information relevant to 

improvement in the quality and effectiveness of career and technical education. The Secretary shall report annually to Congress on the Secretary’s aggregate analysis of performance information collected each year pursuant to this title, including an 

analysis of performance data regarding special populations. 

‘‘(2) COMPATIBILITY.—The Secretary shall, to the extent feasible, ensure that the performance information system is compatible with other Federal information systems. 


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‘‘(3) ASSESSMENTS.—As a regular part of its assessments, 

the National Center for Education Statistics shall collect and 

report information on career and technical education for a nationally representative sample of students. Such assessment 

may include international comparisons in the aggregate. 

‘‘(b) MISCELLANEOUS PROVISIONS.— ‘‘(1) COLLECTION OF INFORMATION AT REASONABLE COST.— The Secretary shall take such action as may be necessary to secure at reasonable cost the information required by this title. To 

ensure reasonable cost, the Secretary, in consultation with the 

National Center for Education Statistics, the Office of Vocational and Adult Education, and an entity assisted under section 118 (if applicable), shall determine the methodology to be 

used and the frequency with which information is to be collected. ‘‘(2) COOPERATION OF STATES.—All eligible agencies receiving assistance under this Act shall cooperate with the Secretary 

in implementing the information systems developed pursuant to 

this Act. 

‘‘(c) SINGLE PLAN FOR RESEARCH, DEVELOPMENT, DISSEMINA- TION, EVALUATION, AND ASSESSMENT.— ‘‘(1) IN GENERAL.—The Secretary may, directly or through 

grants, contracts, or cooperative agreements, carry out research, 

development, dissemination, evaluation and assessment, capacity building, and technical assistance with regard to the career 

and technical education programs under this Act. The Secretary 

shall develop a single plan for such activities. ‘‘(2) PLAN.—Such plan shall— ‘‘(A) identify the career and technical education activities described in paragraph (1) that the Secretary will carry 

out under this section; ‘‘(B) describe how the Secretary will evaluate such career and technical education activities in accordance with 

subsection (d)(2); and 

‘‘(C) include such other information as the Secretary 

determines to be appropriate. 

‘‘(d) ADVISORY PANEL; EVALUATION; REPORTS.— ‘‘(1) INDEPENDENT ADVISORY PANEL.— ‘‘(A) IN GENERAL.—The Secretary shall appoint an 

independent advisory panel to advise the Secretary on the 

implementation of the assessment described in paragraph 

(2), including the issues to be addressed and the methodology of the studies involved to ensure that the assessment 

adheres to the highest standards of quality. ‘‘(B) MEMBERS.—The advisory panel shall consist of—

‘‘(i) educators, administrators, State directors of 

career and technical education, and chief executives, 

including those with expertise in the integration of academic and career and technical education; ‘‘(ii) experts in evaluation, research, and assessment; ‘‘(iii) representatives of labor organizations and 

businesses, including small businesses, economic development entities, and workforce investment entities; ‘‘(iv) parents; 


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‘‘(v) career guidance and academic counseling professionals; and 

‘‘(vi) other individuals and intermediaries with relevant expertise. 

‘‘(C) INDEPENDENT ANALYSIS.—The advisory panel 

shall transmit to the Secretary, the relevant committees of 

Congress, and the Library of Congress an independent 

analysis of the findings and recommendations resulting 

from the assessment described in paragraph (2). 

‘‘(D) FACA.—The Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the panel established under 

this paragraph. 

‘‘(2) EVALUATION AND ASSESSMENT.—

‘‘(A) IN GENERAL.—From amounts made available 

under subsection (e), the Secretary shall provide for the 

conduct of an independent evaluation and assessment of career and technical education programs under this Act, including the implementation of the Carl D. Perkins Career 

and Technical Education Improvement Act of 2006, to the 

extent practicable, through studies and analyses conducted 

independently through grants, contracts, and cooperative 

agreements that are awarded on a competitive basis. 

‘‘(B) CONTENTS.—The assessment required under subparagraph (A) shall include descriptions and evaluations 

of—

‘‘(i) the extent to which State, local, and tribal entities have developed, implemented, or improved State 

and local career and technical education programs assisted under this Act; 

‘‘(ii) the preparation and qualifications of teachers 

and faculty of career and technical education (such as 

meeting State established teacher certification or licensing requirements), as well as shortages of such 

teachers and faculty; 

‘‘(iii) academic and career and technical education 

achievement and employment outcomes of career and 

technical education, including analyses of—

‘‘(I) the extent and success of the integration of 

rigorous and challenging academic and career and 

technical education for students participating in 

career and technical education programs, including a review of the effect of such integration on the 

academic and technical proficiency achievement of 

such students (including the number of such students receiving a secondary school diploma); and 

‘‘(II) the extent to which career and technical 

education programs prepare students, including 

special populations, for subsequent employment in 

high skill, high wage occupations (including those 

in which mathematics and science skills are critical), or for participation in postsecondary education; 

‘‘(iv) employer involvement in, and satisfaction 

with, career and technical education programs and caVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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reer and technical education students’ preparation for 

employment; ‘‘(v) the participation of students in career and 

technical education programs; ‘‘(vi) the use of educational technology and distance 

learning with respect to career and technical education 

and tech prep programs; and ‘‘(vii) the effect of State and local adjusted levels of 

performance and State and local levels of performance 

on the delivery of career and technical education services, including the percentage of career and technical 

education and tech prep students meeting the adjusted 

levels of performance described in section 113. 

‘‘(C) REPORTS.—

‘‘(i) IN GENERAL.—The Secretary shall submit to 

the relevant committees of Congress—

‘‘(I) an interim report regarding the assessment on or before January 1, 2010; and 

‘‘(II) a final report, summarizing all studies 

and analyses that relate to the assessment and 

that are completed after the interim report, on or 

before July 1, 2011. 

‘‘(ii) PROHIBITION.—Notwithstanding any other 

provision of law, the reports required by this subsection 

shall not be subject to any review outside the Department of Education before their transmittal to the relevant committees of Congress and the Secretary, but 

the President, the Secretary, and the independent advisory panel established under paragraph (1) may make 

such additional recommendations to Congress with respect to the assessment as the President, the Secretary, 

or the panel determine to be appropriate. ‘‘(3) COLLECTION OF STATE INFORMATION AND REPORT.— ‘‘(A) IN GENERAL.—The Secretary may collect and disseminate information from States regarding State efforts to 

meet State adjusted levels of performance described in section 113(b). 

‘‘(B) REPORT.—The Secretary shall gather any information collected pursuant to subparagraph (A) and submit a 

report to the relevant committees in Congress. 

‘‘(4) RESEARCH.—

‘‘(A) IN GENERAL.—From amounts made available 

under subsection (e), the Secretary, after consulting with 

the States, shall award a grant, contract, or cooperative 

agreement, on a competitive basis, to an institution of higher education, a public or private nonprofit organization or 

agency, or a consortium of such institutions, organizations, 

or agencies to establish a national research center—

‘‘(i) to carry out scientifically based research and 

evaluation for the purpose of developing, improving, 

and identifying the most successful methods for addressing the education, employment, and training 

needs of participants, including special populations, in 

career and technical education programs, including research and evaluation in such activities as—


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‘‘(I) the integration of— ‘‘(aa) career and technical instruction; and 

‘‘(bb) academic, secondary and postsecondary instruction; 

‘‘(II) education technology and distance learning approaches and strategies that are effective 

with respect to career and technical education; ‘‘(III) State adjusted levels of performance and 

State levels of performance that serve to improve 

career and technical education programs and student achievement; ‘‘(IV) academic knowledge and career and 

technical skills required for employment or participation in postsecondary education; and ‘‘(V) preparation for occupations in high skill, 

high wage, or high demand business and industry, 

including examination of— ‘‘(aa) collaboration between career and 

technical education programs and business 

and industry; and ‘‘(bb) academic and technical skills required for a regional or sectoral workforce, including small business; ‘‘(ii) to carry out scientifically based research and 

evaluation to increase the effectiveness and improve the 

implementation of career and technical education programs that are integrated with coherent and rigorous 

content aligned with challenging academic standards, 

including conducting research and development, and 

studies, that provide longitudinal information or formative evaluation with respect to career and technical 

education programs and student achievement; ‘‘(iii) to carry out scientifically based research and 

evaluation that can be used to improve the preparation 

and professional development of teachers, faculty, and 

administrators, and to improve student learning in the 

career and technical education classroom, including—

‘‘(I) effective in-service and preservice teacher 

and faculty education that assists career and technical education programs in—

‘‘(aa) integrating those programs with academic content standards and student academic achievement standards, as adopted by 

States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; 

and 

‘‘(bb) coordinating technical education 

with industry-recognized certification requirements; 

‘‘(II) dissemination and training activities related to the applied research and demonstration 

activities described in this subsection, which may 

also include serving as a repository for information 

on career and technical skills, State academic 

standards, and related materials; and 


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‘‘(III) the recruitment and retention of career 

and technical education teachers, faculty, counselors, and administrators, including individuals 

in groups underrepresented in the teaching profession; and 

‘‘(iv) to carry out such other research and evaluation, consistent with the purposes of this Act, as the 

Secretary determines appropriate to assist State and 

local recipients of funds under this Act. 

‘‘(B) REPORT.—The center conducting the activities described in subparagraph (A) shall annually prepare a report of the key research findings of such center and shall 

submit copies of the report to the Secretary, the relevant 

committees of Congress, the Library of Congress, and each 

eligible agency. 

‘‘(C) DISSEMINATION.—The center shall conduct dissemination and training activities based upon the research 

described in subparagraph (A). 

‘‘(5) DEMONSTRATIONS AND DISSEMINATION.—The Secretary 

is authorized to carry out demonstration career and technical 

education programs, to replicate model career and technical 

education programs, to disseminate best practices information, 

and to provide technical assistance upon request of a State, for 

the purposes of developing, improving, and identifying the most 

successful methods and techniques for providing career and 

technical education programs assisted under this Act. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for each of fiscal years 2007 through 2012. 

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

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

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

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

American Samoa and the Commonwealth of the Northern Mariana Islands; and 

‘‘(3) make a grant of $160,000 to the Republic of Palau, 

subject to subsection (d). 

‘‘(b) REMAINDER.—

‘‘(1) FIRST YEAR.—Subject to subsection (a), for the first fiscal year following the date of enactment of the Carl D. Perkins 

Career and Technical Education Improvement Act of 2006, the 

Secretary shall make a grant of the remainder of funds reserved 

pursuant to section 111(a)(1)(A) to the Pacific Region Educational Laboratory in Honolulu, Hawaii, to make grants for 

career and technical education and training in Guam, American Samoa, and the Commonwealth of the Northern Mariana 

Islands, for the purpose of providing direct career and technical 

educational services, including—

‘‘(A) teacher and counselor training and retraining; 

‘‘(B) curriculum development; and 

‘‘(C) the improvement of career and technical education 

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cation programs involving secondary schools and institutions of higher education. 

‘‘(2) SUBSEQUENT YEARS.—Subject to subsection (a), for the 

second fiscal year following the date of enactment of the Carl 

D. Perkins Career and Technical Education Improvement Act of 

2006, and each subsequent year, the Secretary shall make a 

grant of the remainder of funds reserved pursuant to section 

111(a)(1)(A) and subject to subsection (a), in equal proportion, 

to each of Guam, American Samoa, and the Commonwealth of 

the Northern Mariana Islands, to be used to provide direct career and technical educational services as described in subparagraphs (A) through (C) of paragraph (1). 

‘‘(c) LIMITATION.—The Pacific Region Educational Laboratory 

may use not more than 5 percent of the funds received under subsection (b)(1) for administrative costs. ‘‘(d) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this section upon entering into an 

agreement for an extension of United States educational assistance 

under the Compact of Free Association, unless otherwise provided in 

such agreement. 

‘‘SEC. 116. NATIVE AMERICAN PROGRAMS. 

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ means a 

Native as such term is defined in section 3 of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1602). ‘‘(2) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded 

school’ has the meaning given the term in section 1141 of the 

Education Amendments of 1978 (25 U.S.C. 2021). ‘‘(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—The 

terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the 

meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means 

any individual any of whose ancestors were natives, prior to 

1778, of the area which now comprises the State of Hawaii. ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native 

Hawaiian organization’ has the meaning given the term in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 

7517). 

‘‘(b) PROGRAM AUTHORIZED.— ‘‘(1) AUTHORITY.—From funds reserved under section 

111(a)(1)(B)(i), the Secretary shall make grants to or enter into 

contracts with Indian tribes, tribal organizations, and Alaska 

Native entities to carry out the authorized programs described 

in subsection (c), except that such grants or contracts shall not 

be awarded to secondary school programs in Bureau-funded 

schools. 

‘‘(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The 

grants or contracts described in this section that are awarded 

to any Indian tribe or tribal organization shall be subject to the 

terms and conditions of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act 

of April 16, 1934 (25 U.S.C. 455–457), which are relevant to the 

programs administered under this subsection. 


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‘‘(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS

OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.—

An Indian tribe, a tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Affairs to enable such school to carry out career 

and technical education programs. 

‘‘(4) MATCHING.—If sufficient funding is available, the Bureau of Indian Affairs shall expend an amount equal to the 

amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of 

Indian Affairs shall expend not less than the amount expended 

during the prior fiscal year on career and technical education 

programs, services, and technical activities administered directly by, or under contract with, the Bureau of Indian Affairs, 

except that in no year shall funding for such programs, services, 

and activities be provided from accounts and programs that 

support other Indian education programs. The Secretary and 

the Assistant Secretary of the Interior for Indian Affairs shall 

prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this 

subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the 

program, with the assistance and consultation of the Bureau of 

Indian Affairs. 

‘‘(5) REGULATIONS.—If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary shall—

‘‘(A) confer with, and allow for active participation by, 

representatives of Indian tribes, tribal organizations, and 

individual tribal members; and 

‘‘(B) promulgate the regulations under subchapter III of 

chapter 5 of title 5, United States Code, commonly known 

as the ‘Negotiated Rulemaking Act of 1990’. 

‘‘(6) APPLICATION.—Any Indian tribe, tribal organization, 

or Bureau-funded school eligible to receive assistance under this 

subsection may apply individually or as part of a consortium 

with another such Indian tribe, tribal organization, or Bureaufunded school. 

‘‘(c) AUTHORIZED ACTIVITIES.—

‘‘(1) AUTHORIZED PROGRAMS.—Funds made available under 

this section shall be used to carry out career and technical education programs consistent with the purpose of this Act. 

‘‘(2) STIPENDS.—

‘‘(A) IN GENERAL.—Funds received pursuant to grants 

or contracts awarded under subsection (b) may be used to 

provide stipends to students who are enrolled in career and 

technical education programs and who have acute economic 

needs which cannot be met through work-study programs. 

‘‘(B) AMOUNT.—Stipends described in subparagraph 

(A) shall not exceed reasonable amounts as prescribed by 

the Secretary. 


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‘‘(d) GRANT OR CONTRACT APPLICATION.—In order to receive a 

grant or contract under this section, an organization, tribe, or entity 

described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, tribe, 

or entity shall comply with the requirements of this section. ‘‘(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS.—The Secretary may not place upon grants awarded or contracts entered into 

under subsection (b) any restrictions relating to programs other 

than restrictions that apply to grants made to or contracts entered 

into with States pursuant to allotments under section 111(a). The 

Secretary, in awarding grants and entering into contracts under 

this section, shall ensure that the grants and contracts will improve 

career and technical education programs, and shall give special 

consideration to— ‘‘(1) programs that involve, coordinate with, or encourage 

tribal economic development plans; and ‘‘(2) applications from tribally controlled colleges or universities that—

‘‘(A) are accredited or are candidates for accreditation 

by a nationally recognized accreditation organization as an 

institution of postsecondary career and technical education; 

or 

‘‘(B) operate career and technical education programs 

that are accredited or are candidates for accreditation by a 

nationally recognized accreditation organization, and issue 

certificates for completion of career and technical education 

programs. 

‘‘(f) CONSOLIDATION OF FUNDS.—Each organization, tribe, or 

entity receiving assistance under this section may consolidate such 

assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and 

Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.). 

‘‘(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing 

in this section shall be construed— ‘‘(1) to limit the eligibility of any organization, tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this title; 

or ‘‘(2) to preclude or discourage any agreement, between any 

organization, tribe, or entity described in subsection (b) and any 

eligible agency or eligible recipient, to facilitate the provision of 

services by such eligible agency or eligible recipient to the population served by such eligible agency or eligible recipient. 

‘‘(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved 

pursuant to section 111(a)(1)(B)(ii), the Secretary shall award 

grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, 

conduct, and administer programs, or portions thereof, which are 

authorized by and consistent with the provisions of this section for 

the benefit of Native Hawaiians. 

‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 

TECHNICAL INSTITUTIONS. 

‘‘(a) GRANTS AUTHORIZED.—The Secretary shall, subject to the 

availability of appropriations, make grants pursuant to this section 

to tribally controlled postsecondary career and technical institutions 


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that are not receiving Federal support under the Tribally Controlled 

College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 

or the Navajo Community College Act (25 U.S.C. 640a et seq.) to 

provide basic support for the education and training of Indian students. ‘‘(b) USES OF GRANTS.—Amounts made available under this 

section shall be used for career and technical education programs 

for Indian students and for the institutional support costs of the 

grant, including the expenses described in subsection (e). ‘‘(c) AMOUNT OF GRANTS.— ‘‘(1) IN GENERAL.—If the sums appropriated for any fiscal 

year for grants under this section are not sufficient to pay in 

full the total amount which approved applicants are eligible to 

receive under this section for such fiscal year, the Secretary 

shall first allocate to each such applicant who received funds 

under this part for the preceding fiscal year an amount equal 

to 100 percent of the product of the per capita payment for the 

preceding fiscal year and such applicant’s Indian student count 

for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from 

inflationary increases to necessary costs beyond the institution’s 

control. ‘‘(2) PER CAPITA DETERMINATION.—For the purposes of 

paragraph (1), the per capita payment for any fiscal year shall 

be determined by dividing the amount available for grants to 

tribally controlled postsecondary career and technical institutions under this section for such program year by the sum of 

the Indian student counts of such institutions for such program 

year. The Secretary shall, on the basis of the most accurate data 

available from the institutions, compute the Indian student 

count for any fiscal year for which such count was not used for 

the purpose of making allocations under this section. ‘‘(3) INDIRECT COSTS.—Notwithstanding any other provision 

of law or regulation, the Secretary shall not require the use of 

a restricted indirect cost rate for grants issued under this section. 

‘‘(d) APPLICATIONS.—Any tribally controlled postsecondary career and technical institution that is not receiving Federal support 

under the Tribally Controlled College or University Assistance Act 

of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College 

Act (25 U.S.C. 640a et seq.) that desires to receive a grant under 

this section shall submit an application to the Secretary in such 

manner and form as the Secretary may require. ‘‘(e) EXPENSES.—

‘‘(1) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, provide for each program year to each 

tribally controlled postsecondary career and technical institution having an application approved by the Secretary, an 

amount necessary to pay expenses associated with— ‘‘(A) the maintenance and operation of the program, including development costs, costs of basic and special instruction (including special programs for individuals with 

disabilities and academic instruction), materials, student 

costs, administrative expenses, boarding costs, transportation, student services, daycare and family support proVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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grams for students and their families (including contributions to the costs of education for dependents), and student 

stipends; 

‘‘(B) capital expenditures, including operations and 

maintenance, and minor improvements and repair, and 

physical plant maintenance costs, for the conduct of programs funded under this section; 

‘‘(C) costs associated with repair, upkeep, replacement, 

and upgrading of the instructional equipment; and 

‘‘(D) institutional support of career and technical education. 

‘‘(2) ACCOUNTING.—Each institution receiving a grant 

under this section shall provide annually to the Secretary an 

accurate and detailed accounting of the institution’s operating 

and maintenance expenses and such other information concerning costs as the Secretary may reasonably require. 

‘‘(f) OTHER PROGRAMS.—

‘‘(1) IN GENERAL.—Except as specifically provided in this 

Act, eligibility for assistance under this section shall not preclude any tribally controlled postsecondary career and technical 

institution from receiving Federal financial assistance under 

any program authorized under the Higher Education Act of 

1965, or under any other applicable program for the benefit of 

institutions of higher education or career and technical education. 

‘‘(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.—The 

amount of any grant for which tribally controlled postsecondary 

career and technical institutions are eligible under this section 

shall not be altered because of funds allocated to any such institution from funds appropriated under the Act of November 2, 

1921 (commonly known as the ‘Snyder Act’) (25 U.S.C. 13). 

‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No tribally controlled postsecondary career and technical institution for which 

an Indian tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under the Act of 

November 2, 1921 (25 U.S.C. 13), may be denied a contract for 

such portion under the Indian Self-Determination and Education Assistance Act (except as provided in that Act), or denied 

appropriate contract support to administer such portion of the 

appropriated funds. 

‘‘(g) COMPLAINT RESOLUTION PROCEDURE.—The Secretary shall 

establish (after consultation with tribally controlled postsecondary 

career and technical institutions) a complaint resolution procedure 

for grant determinations and calculations under this section for 

tribally controlled postsecondary career and technical institutions. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian 

tribe’ have the meanings given the terms in section 2 of the 

Tribally Controlled College or University Assistance Act of 1978 

(25 U.S.C. 1801). 

‘‘(2) INDIAN STUDENT COUNT.—

‘‘(A) IN GENERAL.—The term ‘Indian student count’

means a number equal to the total number of Indian students enrolled in each tribally controlled postsecondary caVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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reer and technical institution, as determined in accordance 

with subparagraph (B). ‘‘(B) DETERMINATION.— ‘‘(i) ENROLLMENT.—For each academic year, the 

Indian student count shall be determined on the basis 

of the enrollments of Indian students as in effect at the 

conclusion of— ‘‘(I) in the case of the fall term, the third week 

of the fall term; and ‘‘(II) in the case of the spring term, the third 

week of the spring term. 

‘‘(ii) CALCULATION.—For each academic year, the 

Indian student count for a tribally controlled postsecondary career and technical institution shall be the 

quotient obtained by dividing—

‘‘(I) the sum of the credit hours of all Indian 

students enrolled in the tribally controlled postsecondary career and technical institution (as determined under clause (i)); by 

‘‘(II) 12. 

‘‘(iii) SUMMER TERM.—Any credit earned in a class 

offered during a summer term shall be counted in the 

determination of the Indian student count for the succeeding fall term. ‘‘(iv) STUDENTS WITHOUT SECONDARY SCHOOL DE- GREES.—

‘‘(I) IN GENERAL.—A credit earned at a tribally 

controlled postsecondary career and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized 

equivalent of such a degree) shall be counted toward the determination of the Indian student 

count if the institution at which the student is enrolled has established criteria for the admission of 

the student on the basis of the ability of the student to benefit from the education or training of 

the institution. 

‘‘(II) PRESUMPTION.—The institution shall be 

presumed to have established the criteria described 

in subclause (I) if the admission procedures for the 

institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. ‘‘(III) CREDITS TOWARD SECONDARY SCHOOL

DEGREE.—No credit earned by an Indian student 

for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) 

shall be counted toward the determination of the 

Indian student count under this clause. 

‘‘(v) CONTINUING EDUCATION PROGRAMS.—Any 

credit earned by an Indian student in a continuing 

education program of a tribally controlled postsecondary career and technical institution shall be included in the determination of the sum of all credit 

hours of the student if the credit is converted to a credit 


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hour basis in accordance with the system of the institution for providing credit for participation in the program. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for each of fiscal years 2007 through 2012. 

‘‘SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION. 

‘‘(a) NATIONAL ACTIVITIES.—From funds appropriated under 

subsection (g), the Secretary, in consultation with appropriate Federal agencies, is authorized— ‘‘(1) to provide assistance to an entity to enable the entity— ‘‘(A) to provide technical assistance to State entities 

designated under subsection (c) to enable the State entities 

to carry out the activities described in such subsection; ‘‘(B) to disseminate information that promotes the replication of high quality practices described in subsection (c); 

and ‘‘(C) to develop and disseminate products and services 

related to the activities described in subsection (c); and 

‘‘(2) to award grants to States that designate State entities 

in accordance with subsection (c) to enable the State entities to 

carry out the State level activities described in such subsection. 

‘‘(b) STATE APPLICATION.— ‘‘(1) IN GENERAL.—A jointly designated State entity described in subsection (c) that desires to receive a grant under 

this section shall submit an application to the Secretary at the 

same time the State submits its State plan under section 122, 

in such manner, and accompanied by such additional information, as the Secretary may reasonably require. ‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of how the jointly designated State entity described in subsection (c) will provide information based on trends provided pursuant to section 15 of 

the Wagner-Peyser Act to inform program development. 

‘‘(c) STATE LEVEL ACTIVITIES.—In order for a State to receive a 

grant under this section, the eligible agency and the Governor of the 

State shall jointly designate an entity in the State— ‘‘(1) to provide support for career guidance and academic 

counseling programs designed to promote improved career and 

education decision making by students (and parents, as appropriate) regarding education (including postsecondary education) 

and training options and preparations for high skill, high 

wage, or high demand occupations and non-traditional fields; 

‘‘(2) to make available to students, parents, teachers, administrators, faculty, and career guidance and academic counselors, and to improve accessibility with respect to, information 

and planning resources that relate academic and career and 

technical educational preparation to career goals and expectations; 

‘‘(3) to provide academic and career and technical education teachers, faculty, administrators, and career guidance 

and academic counselors with the knowledge, skills, and occupational information needed to assist parents and students, especially special populations, with career exploration, educational opportunities, education financing, and exposure to 


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high skill, high wage, or high demand occupations and non-traditional fields, including occupations and fields requiring a 

baccalaureate degree; 

‘‘(4) to assist appropriate State entities in tailoring career 

related educational resources and training for use by such entities, including information on high skill, high wage, or high demand occupations in current or emerging professions and on 

career ladder information; 

‘‘(5) to improve coordination and communication among 

administrators and planners of programs authorized by this 

Act and by section 15 of the Wagner-Peyser Act at the Federal, 

State, and local levels to ensure nonduplication of efforts and 

the appropriate use of shared information and data; 

‘‘(6) to provide ongoing means for customers, such as students and parents, to provide comments and feedback on products and services and to update resources, as appropriate, to 

better meet customer requirements; and 

‘‘(7) to provide readily available occupational information 

such as—

‘‘(A) information relative to employment sectors; 

‘‘(B) information on occupation supply and demand; 

and 

‘‘(C) other information provided pursuant to section 15 

of the Wagner-Peyser Act as the jointly designated State entity considers relevant. 

‘‘(d) NONDUPLICATION.—

‘‘(1) WAGNER-PEYSER ACT.—The jointly designated State entity described under subsection (c) may use funds provided 

under subsection (a)(2) to supplement activities under section 15 

of the Wagner-Peyser Act to the extent such activities do not duplicate activities assisted under such section. 

‘‘(2) PUBLIC LAW 105–220.—None of the functions and activities assisted under this section shall duplicate the functions and 

activities carried out under Public Law 105–220. 

‘‘(e) FUNDING RULE.—Of the amounts appropriated to carry out 

this section, the Federal entity designated under subsection (a) shall 

use—

‘‘(1) not less than 85 percent to carry out subsection (c); and 

‘‘(2) not more than 15 percent to carry out subsection (a). 

‘‘(f) REPORT.—The Secretary, in consultation with appropriate 

Federal agencies, shall prepare and submit to the appropriate committees of Congress, an annual report that includes—

‘‘(1) a description of activities assisted under this section 

during the prior program year; 

‘‘(2) a description of the specific products and services assisted under this section that were delivered in the prior program year; and 

‘‘(3) an assessment of the extent to which States have effectively coordinated activities assisted under this section with activities authorized under section 15 of the Wagner-Peyser Act. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for each of the fiscal years 2007 through 2012. 


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‘‘PART B—STATE PROVISIONS 

‘‘SEC. 121. STATE ADMINISTRATION. 

‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The responsibilities 

of an eligible agency under this title shall include—

‘‘(1) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this title, including 

preparation for non-traditional fields; 

‘‘(2) consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, teacher and faculty preparation programs, representatives 

of businesses (including small businesses), labor organizations, 

eligible recipients, State and local officials, and local program 

administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this title; 

‘‘(3) convening and meeting as an eligible agency (consistent 

with State law and procedure for the conduct of such meetings) 

at such time as the eligible agency determines necessary to 

carry out the eligible agency’s responsibilities under this title, 

but not less than 4 times annually; and 

‘‘(4) the adoption of such procedures as the eligible agency 

considers necessary to—

‘‘(A) implement State level coordination with the activities undertaken by the State boards under section 111 of 

Public Law 105–220; and 

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

under section 121 of Public Law 105–220 within the State 

a listing of all school dropout, postsecondary education, 

and adult programs assisted under this title. 

‘‘(b) EXCEPTION.—Except with respect to the responsibilities set 

forth in subsection (a), the eligible agency may delegate any of the 

other responsibilities of the eligible agency that involve the administration, operation, or supervision of activities assisted under this 

title, in whole or in part, to 1 or more appropriate State agencies. 

‘‘SEC. 122. STATE PLAN. 

‘‘(a) STATE PLAN.—

‘‘(1) IN GENERAL.—Each eligible agency desiring assistance 

under this title for any fiscal year shall prepare and submit to 

the Secretary a State plan for a 6-year period, together with 

such annual revisions as the eligible agency determines to be 

necessary, except that, during the period described in section 4, 

each eligible agency may submit a transition plan that shall 

fulfill the eligible agency’s obligation to submit a State plan 

under this section for the first fiscal year following the date of 

enactment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006. 

‘‘(2) REVISIONS.—Each eligible agency—

‘‘(A) may submit such annual revisions of the State 

plan to the Secretary as the eligible agency determines to 

be necessary; and 

‘‘(B) shall, after the second year of the 6-year period, 

conduct a review of activities assisted under this title and 


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submit any revisions of the State plan that the eligible 

agency determines necessary to the Secretary. 

‘‘(3) HEARING PROCESS.—The eligible agency shall conduct 

public hearings in the State, after appropriate and sufficient 

notice, for the purpose of affording all segments of the public 

and interested organizations and groups (including charter 

school authorizers and organizers consistent with State law, 

employers, labor organizations, parents, students, and community organizations), an opportunity to present their views and 

make recommendations regarding the State plan. A summary of 

such recommendations and the eligible agency’s response to 

such recommendations shall be included in the State plan. 

‘‘(b) PLAN DEVELOPMENT.—

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

‘‘(A) develop the State plan in consultation with—

‘‘(i) academic and career and technical education 

teachers, faculty, and administrators; 

‘‘(ii) career guidance and academic counselors; 

‘‘(iii) eligible recipients; 

‘‘(iv) charter school authorizers and organizers consistent with State law; 

‘‘(v) parents and students; 

‘‘(vi) institutions of higher education; 

‘‘(vii) the State tech prep coordinator and representatives of tech prep consortia (if applicable); 

‘‘(viii) entities participating in activities described 

in section 111 of Public Law 105–220; 

‘‘(ix) interested community members (including 

parent and community organizations); 

‘‘(x) representatives of special populations; 

‘‘(xi) representatives of business and industry (including representatives of small business); and 

‘‘(xii) representatives of labor organizations in the 

State; and 

‘‘(B) consult the Governor of the State with respect to 

such development. 

‘‘(2) ACTIVITIES AND PROCEDURES.—The eligible agency 

shall develop effective activities and procedures, including access to information needed to use such procedures, to allow the 

individuals and entities described in paragraph (1) to participate in State and local decisions that relate to development of 

the State plan. 

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

that—

‘‘(1) describes the career and technical education activities 

to be assisted that are designed to meet or exceed the State adjusted levels of performance, including a description of—

‘‘(A) the career and technical programs of study, which 

may be adopted by local educational agencies and postsecondary institutions to be offered as an option to students 

(and their parents as appropriate) when planning for and 

completing future coursework, for career and technical content areas that— ‘‘(i) incorporate secondary education and postsecondary education elements; 


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‘‘(ii) include coherent and rigorous content aligned 

with challenging academic standards and relevant career and technical content in a coordinated, nonduplicative progression of courses that align secondary 

education with postsecondary education to adequately 

prepare students to succeed in postsecondary education; 

‘‘(iii) may include the opportunity for secondary 

education students to participate in dual or concurrent 

enrollment programs or other ways to acquire postsecondary education credits; and 

‘‘(iv) lead to an industry-recognized credential or 

certificate at the postsecondary level, or an associate or 

baccalaureate degree; 

‘‘(B) how the eligible agency, in consultation with eligible recipients, will develop and implement the career and 

technical programs of study described in subparagraph (A); 

‘‘(C) how the eligible agency will support eligible recipients in developing and implementing articulation agreements between secondary education and postsecondary education institutions; 

‘‘(D) how the eligible agency will make available information about career and technical programs of study offered by eligible recipients; 

‘‘(E) the secondary and postsecondary career and technical education programs to be carried out, including programs that will be carried out by the eligible agency to develop, improve, and expand access to appropriate technology in career and technical education programs; 

‘‘(F) the criteria that will be used by the eligible agency 

to approve eligible recipients for funds under this Act, including criteria to assess the extent to which the local plan 

will—

‘‘(i) promote continuous improvement in academic 

achievement; 

‘‘(ii) promote continuous improvement of technical 

skill attainment; and 

‘‘(iii) identify and address current or emerging occupational opportunities; 

‘‘(G) how programs at the secondary level will prepare 

career and technical education students, including special 

populations, to graduate from secondary school with a diploma; 

‘‘(H) how such programs will prepare career and technical education students, including special populations, 

academically and technically for opportunities in postsecondary education or entry into high skill, high wage, or 

high demand occupations in current or emerging occupations, and how participating students will be made aware 

of such opportunities; 

‘‘(I) how funds will be used to improve or develop new 

career and technical education courses—

‘‘(i) at the secondary level that are aligned with 

rigorous and challenging academic content standards 

and student academic achievement standards adopted 


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by the State under section 1111 (b)(1) of the Elementary and Secondary Education Act of 1965; 

‘‘(ii) at the postsecondary level that are relevant 

and challenging; and 

‘‘(iii) that lead to employment in high skill, high 

wage, or high demand occupations; 

‘‘(J) how the eligible agency will facilitate and coordinate communication on best practices among successful recipients of tech prep program grants under title II and eligible recipients to improve program quality and student 

achievement; 

‘‘(K) how funds will be used effectively to link academic 

and career and technical education at the secondary level 

and at the postsecondary level in a manner that increases 

student academic and career and technical achievement; 

and 

‘‘(L) how the eligible agency will report on the integration of coherent and rigorous content aligned with challenging academic standards in career and technical education programs in order to adequately evaluate the extent 

of such integration; 

‘‘(2) describes how comprehensive professional development 

(including initial teacher preparation and activities that support recruitment) for career and technical education teachers, 

faculty, administrators, and career guidance and academic 

counselors will be provided, especially professional development 

that—

‘‘(A) promotes the integration of coherent and rigorous 

academic content standards and career and technical education curricula, including through opportunities for the 

appropriate academic and career and technical education 

teachers to jointly develop and implement curricula and 

pedagogical strategies, as appropriate; 

‘‘(B) increases the percentage of teachers that meet 

teacher certification or licensing requirements; 

‘‘(C) is high quality, sustained, intensive, and focused 

on instruction, and increases the academic knowledge and 

understanding of industry standards, as appropriate, of career and technical education teachers; 

‘‘(D) encourages applied learning that contributes to the 

academic and career and technical knowledge of the student; 

‘‘(E) provides the knowledge and skills needed to work 

with and improve instruction for special populations; 

‘‘(F) assists in accessing and utilizing data, including 

data provided under section 118, student achievement data, 

and data from assessments; and 

‘‘(G) promotes integration with professional development activities that the State carries out under title II of 

the Elementary and Secondary Education Act of 1965 and 

title II of the Higher Education Act of 1965; 

‘‘(3) describes efforts to improve—

‘‘(A) the recruitment and retention of career and technical education teachers, faculty, and career guidance and 


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academic counselors, including individuals in groups 

underrepresented in the teaching profession; and ‘‘(B) the transition to teaching from business and industry, including small business; 

‘‘(4) describes efforts to facilitate the transition of subbaccalaureate career and technical education students into baccalaureate degree programs at institutions of higher education; ‘‘(5) describes how the eligible agency will actively involve 

parents, academic and career and technical education teachers, 

administrators, faculty, career guidance and academic counselors, local business (including small businesses), and labor organizations in the planning, development, implementation, and 

evaluation of such career and technical education programs; ‘‘(6) describes how funds received by the eligible agency 

through the allotment made under section 111 will be allocated— ‘‘(A) among career and technical education at the secondary level, or career and technical education at the postsecondary and adult level, or both, including the rationale 

for such allocation; and ‘‘(B) among any consortia that will be formed among 

secondary schools and eligible institutions, and how funds 

will be allocated among the members of the consortia, including the rationale for such allocation; 

‘‘(7) describes how the eligible agency will— ‘‘(A) improve the academic and technical skills of students participating in career and technical education programs, including strengthening the academic and career 

and technical components of career and technical education 

programs through the integration of academics with career 

and technical education to ensure learning in— ‘‘(i) the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education 

Act of 1965); and 

‘‘(ii) career and technical education subjects; 

‘‘(B) provide students with strong experience in, and 

understanding of, all aspects of an industry; and 

‘‘(C) ensure that students who participate in such career and technical education programs are taught to the 

same challenging academic proficiencies as are taught to 

all other students; 

‘‘(8) describes how the eligible agency will annually evaluate the effectiveness of such career and technical education programs, and describe, to the extent practicable, how the eligible 

agency is coordinating such programs to ensure nonduplication 

with other Federal programs; 

‘‘(9) describes the eligible agency’s program strategies for 

special populations, including a description of how individuals 

who are members of the special populations—

‘‘(A) will be provided with equal access to activities assisted under this Act; 

‘‘(B) will not be discriminated against on the basis of 

their status as members of the special populations; and 

‘‘(C) will be provided with programs designed to enable 

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els of performance, and prepare special populations for further learning and for high skill, high wage, or high demand occupations; 

‘‘(10) describes—

‘‘(A) the eligible agency’s efforts to ensure that eligible 

recipients are given the opportunity to provide input in determining the State adjusted levels of performance described in section 113; and 

‘‘(B) how the eligible agency, in consultation with eligible recipients, will develop a process for the negotiation of 

local adjusted levels of performance under section 113(b)(4) 

if an eligible recipient does not accept the State adjusted 

levels of performance under section 113(b)(3); 

‘‘(11) provides assurances that the eligible agency will comply with the requirements of this Act and the provisions of the 

State plan, including the provision of a financial audit of funds 

received under this Act which may be included as part of an 

audit of other Federal or State programs; 

‘‘(12) provides assurances that none of the funds expended 

under this Act will be used to acquire equipment (including 

computer software) in any instance in which such acquisition 

results in a direct financial benefit to any organization representing the interests of the acquiring entity or the employees 

of the acquiring entity, or any affiliate of such an organization; 

‘‘(13) describes how the eligible agency will report data relating to students participating in career and technical education in order to adequately measure the progress of the students, including special populations, and how the eligible agency will ensure that the data reported to the eligible agency from 

local educational agencies and eligible institutions under this 

title and the data the eligible agency reports to the Secretary 

are complete, accurate, and reliable; 

‘‘(14) describes how the eligible agency will adequately address the needs of students in alternative education programs, 

if appropriate; 

‘‘(15) describes how the eligible agency will provide local 

educational agencies, area career and technical education 

schools, and eligible institutions in the State with technical assistance; 

‘‘(16) describes how career and technical education relates 

to State and regional occupational opportunities; 

‘‘(17) describes the methods proposed for the joint planning 

and coordination of programs carried out under this title with 

other Federal education programs; 

‘‘(18) describes how funds will be used to promote preparation for high skill, high wage, or high demand occupations and 

non-traditional fields; 

‘‘(19) describes how funds will be used to serve individuals 

in State correctional institutions; and 

‘‘(20) contains the description and information specified in 

sections 112(b)(8) and 121(c) of Public Law 105–220 concerning 

the provision of services only for postsecondary students and 

school dropouts. 

‘‘(d) PLAN OPTIONS.—


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‘‘(1) SINGLE PLAN.—An eligible agency not choosing to consolidate funds under section 202 shall fulfill the plan or application submission requirements of this section, and section 

201(c), by submitting a single State plan. In such plan, the eligible agency may allow recipients to fulfill the plan or application submission requirements of section 134 and subsections (a) 

and (b) of section 204 by submitting a single local plan. 

‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.—The eligible 

agency may submit the plan required under this section as part 

of the plan submitted under section 501 of Public Law 105–220, 

if the plan submitted pursuant to the requirement of this section meets the requirements of this Act. 

‘‘(e) PLAN APPROVAL.—

‘‘(1) IN GENERAL.—The Secretary shall approve a State 

plan, or a revision to an approved State plan, unless the Secretary determines that—

‘‘(A) the State plan, or revision, respectively, does not 

meet the requirements of this Act; or 

‘‘(B) the State’s levels of performance on the core indicators of performance consistent with section 113 are not 

sufficiently rigorous to meet the purpose of this Act. 

‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove a State plan, except after giving the eligible agency notice and an opportunity for a hearing. 

‘‘(3) CONSULTATION.—The eligible agency shall develop the 

portion of each State plan relating to the amount and uses of 

any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, 

tech prep education, and secondary career and technical education after consultation with the State agency responsible for 

supervision of community colleges, technical institutes, or other 

2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education, and the 

State agency responsible for secondary education. If a State 

agency finds that a portion of the final State plan is objectionable, the State agency shall file such objections with the eligible 

agency. The eligible agency shall respond to any objections of 

the State agency in the State plan submitted to the Secretary. 

‘‘(4) TIMEFRAME.—A State plan shall be deemed approved 

by the Secretary if the Secretary has not responded to the eligible agency regarding the State plan within 90 days of the date 

the Secretary receives the State plan. 

‘‘SEC. 123. IMPROVEMENT PLANS. 

‘‘(a) STATE PROGRAM IMPROVEMENT.—

‘‘(1) PLAN.—If a State fails to meet at least 90 percent of an 

agreed upon State adjusted level of performance for any of the 

core indicators of performance described in section 113(b)(3), 

the eligible agency shall develop and implement a program improvement plan (with special consideration to performance gaps 

identified under section 113(c)(2)) in consultation with the appropriate agencies, individuals, and organizations during the 

first program year succeeding the program year for which the 

eligible agency failed to so meet the State adjusted level of performance for any of the core indicators of performance. 


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

that an eligible agency is not properly implementing the eligible 

agency’s responsibilities under section 122, or is not making 

substantial progress in meeting the purposes of this Act, based 

on the State’s adjusted levels of performance, the Secretary 

shall work with the eligible agency to implement the improvement activities consistent with the requirements of this Act. ‘‘(3) SUBSEQUENT ACTION.— ‘‘(A) IN GENERAL.—The Secretary may, after notice and 

opportunity for a hearing, withhold from an eligible agency 

all, or a portion, of the eligible agency’s allotment under 

paragraphs (2) and (3) of section 112(a) if the eligible agency— ‘‘(i) fails to implement an improvement plan as described in paragraph (1); ‘‘(ii) fails to make any improvement in meeting any 

of the State adjusted levels of performance for the core 

indicators of performance identified under paragraph 

(1) within the first program year of implementation of 

its improvement plan described in paragraph (1); or ‘‘(iii) fails to meet at least 90 percent of an agreed 

upon State adjusted level of performance for the same 

core indicator of performance for 3 consecutive years. 

‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—The 

Secretary may waive the sanction in subparagraph (A) due 

to exceptional or uncontrollable circumstances, such as a 

natural disaster or a precipitous and unforeseen decline in 

the financial resources of the State. 

‘‘(4) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 

Secretary shall use funds withheld under paragraph (3) for a 

State served by an eligible agency to provide technical assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent 

with the requirements of this Act for such State. 

‘‘(b) LOCAL PROGRAM IMPROVEMENT.— ‘‘(1) LOCAL EVALUATION.—Each eligible agency shall evaluate annually, using the local adjusted levels of performance described in section 113(b)(4), the career and technical education 

activities of each eligible recipient receiving funds under this 

title. ‘‘(2) PLAN.—If, after reviewing the evaluation in paragraph 

(1), the eligible agency determines that an eligible recipient 

failed to meet at least 90 percent of an agreed upon local adjusted level of performance for any of the core indicators of performance described in section 113(b)(4), the eligible recipient 

shall develop and implement a program improvement plan 

(with special consideration to performance gaps identified 

under section 113(b)(4)(C)(ii)(II)) in consultation with the eligible agency, appropriate agencies, individuals, and organizations during the first program year succeeding the program 

year for which the eligible recipient failed to so meet any of the 

local adjusted levels of performance for any of the core indicators of performance. ‘‘(3) TECHNICAL ASSISTANCE.—If the eligible agency determines that an eligible recipient is not properly implementing 


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the eligible recipient’s responsibilities under section 134, or is 

not making substantial progress in meeting the purposes of this 

Act, based on the local adjusted levels of performance, the eligible agency shall work with the eligible recipient to implement 

improvement activities consistent with the requirements of this 

Act. 

‘‘(4) SUBSEQUENT ACTION.—

‘‘(A) IN GENERAL.—The eligible agency may, after notice 

and opportunity for a hearing, withhold from the eligible 

recipient all, or a portion, of the eligible recipient’s allotment under this title if the eligible recipient—

‘‘(i) fails to implement an improvement plan as described in paragraph (2); 

‘‘(ii) fails to make any improvement in meeting any 

of the local adjusted levels of performance for the core 

indicators of performance identified under paragraph 

(2) within the first program year of implementation of 

its improvement plan described in paragraph (2); or 

‘‘(iii) fails to meet at least 90 percent of an agreed 

upon local adjusted level of performance for the same 

core indicator of performance for 3 consecutive years. 

‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—In 

determining whether to impose sanctions under subparagraph (A), the eligible agency may waive imposing sanctions—

‘‘(i) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous 

and unforeseen decline in the financial resources of the 

eligible recipient; or 

‘‘(ii) based on the impact on the eligible recipient’s 

reported performance of the small size of the career 

and technical education program operated by the eligible recipient. 

‘‘(5) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 

eligible agency shall use funds withheld under paragraph (4) 

from an eligible recipient to provide (through alternative arrangements) services and activities to students within the area 

served by such recipient to meet the purposes of this Act. 

‘‘SEC. 124. STATE LEADERSHIP ACTIVITIES. 

‘‘(a) GENERAL AUTHORITY.—From amounts reserved under section 112(a)(2), each eligible agency shall conduct State leadership 

activities. 

‘‘(b) REQUIRED USES OF FUNDS.—The State leadership activities 

described in subsection (a) shall include—

‘‘(1) an assessment of the career and technical education 

programs carried out with funds under this title, including an 

assessment of how the needs of special populations are being 

met and how the career and technical education programs are 

designed to enable special populations to meet State adjusted 

levels of performance and prepare the special populations for 

further education, further training, or for high skill, high wage, 

or high demand occupations; 

‘‘(2) developing, improving, or expanding the use of technology in career and technical education that may include—


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‘‘(A) training of career and technical education teachers, faculty, career guidance and academic counselors, and 

administrators to use technology, including distance learning; 

‘‘(B) providing career and technical education students 

with the academic and career and technical skills (including the mathematics and science knowledge that provides a 

strong basis for such skills) that lead to entry into technology fields, including non-traditional fields; or 

‘‘(C) encouraging schools to collaborate with technology 

industries to offer voluntary internships and mentoring 

programs; 

‘‘(3) professional development programs, including providing comprehensive professional development (including initial teacher preparation) for career and technical education 

teachers, faculty, administrators, and career guidance and academic counselors at the secondary and postsecondary levels, 

that support activities described in section 122 and—

‘‘(A) provide in-service and preservice training in career 

and technical education programs—

‘‘(i) on effective integration and use of challenging 

academic and career and technical education provided 

jointly with academic teachers to the extent practicable; 

‘‘(ii) on effective teaching skills based on research 

that includes promising practices; 

‘‘(iii) on effective practices to improve parental and 

community involvement; and 

‘‘(iv) on effective use of scientifically based research 

and data to improve instruction; 

‘‘(B) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact 

on classroom instruction and the teacher’s performance in 

the classroom, and are not 1-day or short-term workshops 

or conferences; 

‘‘(C) will help teachers and personnel to improve student achievement in order to meet the State adjusted levels 

of performance established under section 113; 

‘‘(D) will support education programs for teachers of 

career and technical education in public schools and other 

public school personnel who are involved in the direct delivery of educational services to career and technical education students to ensure that teachers and personnel—

‘‘(i) stay current with the needs, expectations, and 

methods of industry; 

‘‘(ii) can effectively develop rigorous and challenging, integrated academic and career and technical 

education curricula jointly with academic teachers, to 

the extent practicable; 

‘‘(iii) develop a higher level of academic and industry knowledge and skills in career and technical education; and 

‘‘(iv) effectively use applied learning that contributes to the academic and career and technical knowledge of the student; and 


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‘‘(E) are coordinated with the teacher certification or licensing and professional development activities that the 

State carries out under title II of the Elementary and Secondary Education Act of 1965 and title II of the Higher 

Education Act of 1965; 

‘‘(4) supporting career and technical education programs 

that improve the academic and career and technical skills of 

students participating in career and technical education programs by strengthening the academic and career and technical 

components of such career and technical education programs, 

through the integration of coherent and relevant content aligned 

with challenging academic standards and relevant career and 

technical education, to ensure achievement in— ‘‘(A) the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965); and ‘‘(B) career and technical education subjects; ‘‘(5) providing preparation for non-traditional fields in current and emerging professions, and other activities that expose 

students, including special populations, to high skill, high wage 

occupations; ‘‘(6) supporting partnerships among local educational agencies, institutions of higher education, adult education providers, 

and, as appropriate, other entities, such as employers, labor organizations, intermediaries, parents, and local partnerships, to 

enable students to achieve State academic standards, and career and technical skills, or complete career and technical programs of study, as described in section 122(c)(1)(A); ‘‘(7) serving individuals in State institutions, such as State 

correctional institutions and institutions that serve individuals 

with disabilities; ‘‘(8) support for programs for special populations that lead 

to high skill, high wage, or high demand occupations; and ‘‘(9) technical assistance for eligible recipients. 

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

described in subsection (a) may include— ‘‘(1) improvement of career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including— ‘‘(A) encouraging secondary and postsecondary students 

to graduate with a diploma or degree; and ‘‘(B) exposing students to high skill, high wage occupations and non-traditional fields; 

‘‘(2) establishment of agreements, including articulation 

agreements, between secondary school and postsecondary career 

and technical education programs in order to provide postsecondary education and training opportunities for students participating in such career and technical education programs, 

such as tech prep programs; 

‘‘(3) support for initiatives to facilitate the transition of subbaccalaureate career and technical education students into baccalaureate degree programs, including—

‘‘(A) statewide articulation agreements between associate degree granting career and technical postsecondary 


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educational institutions and baccalaureate degree granting 

postsecondary educational institutions; 

‘‘(B) postsecondary dual and concurrent enrollment 

programs; 

‘‘(C) academic and financial aid counseling; and 

‘‘(D) other initiatives—

‘‘(i) to encourage the pursuit of a baccalaureate degree; and 

‘‘(ii) to overcome barriers to participation in baccalaureate degree programs, including geographic and 

other barriers affecting rural students and special populations; 

‘‘(4) support for career and technical student organizations, 

especially with respect to efforts to increase the participation of 

students who are members of special populations; 

‘‘(5) support for public charter schools operating career and 

technical education programs; 

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

that offer experience in, and understanding of, all aspects of an 

industry for which students are preparing to enter; 

‘‘(7) support for family and consumer sciences programs; 

‘‘(8) support for partnerships between education and business or business intermediaries, including cooperative education 

and adjunct faculty arrangements at the secondary and postsecondary levels; 

‘‘(9) support to improve or develop new career and technical 

education courses and initiatives, including career clusters, career academies, and distance education, that prepare individuals academically and technically for high skill, high wage, or 

high demand occupations; 

‘‘(10) awarding incentive grants to eligible recipients—

‘‘(A) for exemplary performance in carrying out programs under this Act, which awards shall be based on—

‘‘(i) eligible recipients exceeding the local adjusted 

levels of performance established under section 113(b) 

in a manner that reflects sustained or significant improvement; 

‘‘(ii) eligible recipients effectively developing connections between secondary education and postsecondary education and training; 

‘‘(iii) the adoption and integration of coherent and 

rigorous content aligned with challenging academic 

standards and technical coursework; 

‘‘(iv) eligible recipients’ progress in having special 

populations who participate in career and technical 

education programs meet local adjusted levels of performance; or 

‘‘(v) other factors relating to the performance of eligible recipients under this Act as the eligible agency determines are appropriate; or 

‘‘(B) if an eligible recipient elects to use funds as permitted under section 135(c)(19); 

‘‘(11) providing for activities to support entrepreneurship 

education and training; 


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‘‘(12) providing career and technical education programs 

for adults and school dropouts to complete their secondary 

school education, in coordination, to the extent practicable, with 

activities authorized under the Adult Education and Family 

Literacy Act; ‘‘(13) providing assistance to individuals, who have participated in services and activities under this title, in continuing 

the individuals’ education or training or finding appropriate 

jobs, such as through referral to the system established under 

section 121 of Public Law 105–220; ‘‘(14) developing valid and reliable assessments of technical 

skills; 

‘‘(15) developing and enhancing data systems to collect and 

analyze data on secondary and postsecondary academic and 

employment outcomes; ‘‘(16) improving—

‘‘(A) the recruitment and retention of career and technical education teachers, faculty, administrators, and career guidance and academic counselors, including individuals in groups underrepresented in the teaching profession; 

and 

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

‘‘(17) support for occupational and employment information 

resources, such as those described in section 118. 

‘‘(d) RESTRICTION ON USES OF FUNDS.—An eligible agency that 

receives funds under section 112(a)(2) may not use any of such 

funds for administrative costs. 

‘‘PART C—LOCAL PROVISIONS 

‘‘SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PROGRAMS. 

‘‘(a) DISTRIBUTION RULES.—Except as provided in section 133 

and as otherwise provided in this section, each eligible agency shall 

distribute the portion of funds made available under section 

112(a)(1) to carry out this section to local educational agencies within the State as follows: 

‘‘(1) THIRTY PERCENT.—Thirty percent shall be allocated to 

such local educational agencies in proportion to the number of 

individuals aged 5 through 17, inclusive, who reside in the 

school district served by such local educational agency for the 

preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local 

educational agencies in the State for such preceding fiscal year, 

as determined on the basis of the most recent satisfactory—

‘‘(A) data provided to the Secretary by the Bureau of 

the Census for the purpose of determining eligibility under 

title I of the Elementary and Secondary Education Act of 

1965; or 

‘‘(B) student membership data collected by the National 

Center for Education Statistics through the Common Core 

of Data survey system. 

‘‘(2) SEVENTY PERCENT.—Seventy percent shall be allocated 

to such local educational agencies in proportion to the number 


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of individuals aged 5 through 17, inclusive, who reside in the 

school district served by such local educational agency and are 

from families below the poverty level for the preceding fiscal 

year, as determined on the basis of the most recent satisfactory 

data used under section 1124(c)(1)(A) of the Elementary and 

Secondary Education Act of 1965, compared to the total number 

of such individuals who reside in the school districts served by 

all the local educational agencies in the State for such preceding fiscal year. ‘‘(3) ADJUSTMENTS.—Each eligible agency, in making the 

allocations under paragraphs (1) and (2), shall adjust the data 

used to make the allocations to— ‘‘(A) reflect any change in school district boundaries 

that may have occurred since the data were collected; and ‘‘(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Affairs. ‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Secretary may waive the application of subsection (a) in the case of any 

eligible agency that submits to the Secretary an application for such 

a waiver that— ‘‘(1) demonstrates that a proposed alternative formula more 

effectively targets funds on the basis of poverty (as defined by 

the Office of Management and Budget and revised annually in 

accordance with section 673(2) of the Community Services Block 

Grant Act (42 U.S.C. 9902(2))) to local educational agencies 

within the State than the formula described in subsection (a); 

and ‘‘(2) includes a proposal for such an alternative formula. ‘‘(c) MINIMUM ALLOCATION.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a 

local educational agency shall not receive an allocation under 

subsection (a) unless the amount allocated to such agency under 

subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational 

agencies for purposes of meeting the minimum allocation requirement of this paragraph. 

‘‘(2) WAIVER.—The eligible agency shall waive the application of paragraph (1) in any case in which the local educational 

agency—

‘‘(A)(i) is located in a rural, sparsely populated area; or 

‘‘(ii) is a public charter school operating secondary 

school career and technical education programs; and ‘‘(B) demonstrates that the local educational agency is 

unable to enter into a consortium for purposes of providing 

activities under this part. 

‘‘(3) REDISTRIBUTION.—Any amounts that are not allocated 

by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of 

paragraph (1) or (2) in accordance with the provisions of this 

section. 

‘‘(d) LIMITED JURISDICTION AGENCIES.— ‘‘(1) IN GENERAL.—In applying the provisions of subsection 

(a), no eligible agency receiving assistance under this title shall 

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mentary schools, but shall distribute such funds to the local 

educational agency or regional educational agency that provides 

secondary school services to secondary school students in the 

same attendance area. ‘‘(2) SPECIAL RULE.—The amount to be allocated under 

paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on 

the number of students that entered such secondary schools in 

the previous year from the elementary schools involved. 

‘‘(e) ALLOCATIONS TO AREA CAREER AND TECHNICAL EDUCATION

SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.— ‘‘(1) IN GENERAL.—Each eligible agency shall distribute the 

portion of funds made available under section 112(a)(1) for any 

fiscal year by such eligible agency for career and technical education activities at the secondary level under this section to the 

appropriate area career and technical education school or educational service agency in any case in which the area career 

and technical education school or educational service agency, 

and the local educational agency concerned—

‘‘(A) have formed or will form a consortium for the purpose of receiving funds under this section; or 

‘‘(B) have entered into or will enter into a cooperative 

arrangement for such purpose. 

‘‘(2) ALLOCATION BASIS.—If an area career and technical 

education school or educational service agency meets the requirements of paragraph (1), then the amount that would otherwise be distributed to the local educational agency shall be allocated to the area career and technical education school, the educational service agency, and the local educational agency based 

on each school, agency or entity’s relative share of students who 

are attending career and technical education programs (based, 

if practicable, on the average enrollment for the preceding 3 

years). ‘‘(3) APPEALS PROCEDURE.—The eligible agency shall establish an appeals procedure for resolution of any dispute arising 

between a local educational agency and an area career and 

technical education school or an educational service agency 

with respect to the allocation procedures described in this section, including the decision of a local educational agency to 

leave a consortium or terminate a cooperative arrangement. 

‘‘(f) CONSORTIUM REQUIREMENTS.—

‘‘(1) ALLIANCE.—Any local educational agency receiving an 

allocation that is not sufficient to conduct a program which 

meets the requirements of section 135 is encouraged to—

‘‘(A) form a consortium or enter into a cooperative 

agreement with an area career and technical education 

school or educational service agency offering programs that 

meet the requirements of section 135; 

‘‘(B) transfer such allocation to the area career and 

technical education school or educational service agency; 

and ‘‘(C) operate programs that are of sufficient size, scope, 

and quality to be effective. 

‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated to a consortium formed to meet the requirements of this subsection shall 


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be used only for purposes and programs that are mutually beneficial to all members of the consortium and can be used only 

for programs authorized under this title. Such funds may not 

be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium. 

‘‘(g) DATA.—The Secretary shall collect information from eligible agencies regarding the specific dollar allocations made available 

by the eligible agency for career and technical education programs 

under subsections (a), (b), (c), (d), and (e) and how these allocations 

are distributed to local educational agencies, area career and technical education schools, and educational service agencies, within the 

State in accordance with this section. 

‘‘(h) SPECIAL RULE.—Each eligible agency distributing funds 

under this section shall treat a secondary school funded by the Bureau of Indian Affairs within the State as if such school were a 

local educational agency within the State for the purpose of receiving a distribution under this section. 

‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDUCATION PROGRAMS. 

‘‘(a) ALLOCATION.—

‘‘(1) IN GENERAL.—Except as provided in subsections (b) 

and (c) and section 133, each eligible agency shall distribute the 

portion of the funds made available under section 112(a)(1) to 

carry out this section for any fiscal year to eligible institutions 

or consortia of eligible institutions within the State. 

‘‘(2) FORMULA.—Each eligible institution or consortium of 

eligible institutions shall be allocated an amount that bears the 

same relationship to the portion of funds made available under 

section 112(a)(1) to carry out this section for any fiscal year as 

the sum of the number of individuals who are Federal Pell 

Grant recipients and recipients of assistance from the Bureau 

of Indian Affairs enrolled in programs meeting the requirements of section 135 offered by such institution or consortium 

in the preceding fiscal year bears to the sum of the number of 

such recipients enrolled in such programs within the State for 

such year. 

‘‘(3) CONSORTIUM REQUIREMENTS.—

‘‘(A) IN GENERAL.—In order for a consortium of eligible 

institutions described in paragraph (2) to receive assistance 

pursuant to such paragraph, such consortium shall operate 

joint projects that—

‘‘(i) provide services to all postsecondary institutions participating in the consortium; and 

‘‘(ii) are of sufficient size, scope, and quality to be 

effective. 

‘‘(B) FUNDS TO CONSORTIUM.—Funds allocated to a 

consortium formed to meet the requirements of this section 

shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and shall 

be used only for programs authorized under this title. Such 

funds may not be reallocated to individual members of the 

consortium for purposes or programs benefitting only 1 

member of the consortium. 


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‘‘(4) WAIVER.—The eligible agency may waive the application of paragraph (3)(A)(i) in any case in which the eligible institution is located in a rural, sparsely populated area. 

‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Secretary may waive the application of subsection (a) if an eligible 

agency submits to the Secretary an application for such a waiver 

that— ‘‘(1) demonstrates that the formula described in subsection 

(a) does not result in a distribution of funds to the eligible institutions or consortia within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula will result in such a distribution; and ‘‘(2) includes a proposal for such an alternative formula. ‘‘(c) MINIMUM GRANT AMOUNT.— ‘‘(1) IN GENERAL.—No institution or consortium shall receive an allocation under this section in an amount that is less 

than $50,000. ‘‘(2) REDISTRIBUTION.—Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to eligible 

institutions or consortia in accordance with this section. 

‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION. 

‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.— ‘‘(1) GENERAL AUTHORITY.—Notwithstanding the provisions 

of sections 131 and 132 and in order to make a more equitable 

distribution of funds for programs serving the areas of greatest 

economic need, for any program year for which a minimal 

amount is made available by an eligible agency for distribution 

under section 131 or 132, such eligible agency may distribute 

such minimal amount for such year— ‘‘(A) on a competitive basis; or 

‘‘(B) through any alternative method determined by the 

eligible agency. 

‘‘(2) MINIMAL AMOUNT.—For purposes of this section, the 

term ‘minimal amount’ means not more than 15 percent of the 

total amount made available for distribution under section 

112(a)(1). 

‘‘(b) REDISTRIBUTION.— ‘‘(1) IN GENERAL.—In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient 

is allocated for such year under section 131 or 132, such eligible 

recipient shall return any unexpended amounts to the eligible 

agency to be reallocated under section 131 or 132, as appropriate. 

‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN

ACADEMIC YEAR.—In any academic year in which amounts are 

returned to the eligible agency under section 131 or 132 and the 

eligible agency is unable to reallocate such amounts according 

to such sections in time for such amounts to be expended in 

such academic year, the eligible agency shall retain such 

amounts for distribution in combination with amounts provided 

under section 112(a)(1) for the following academic year. 

‘‘(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be 

construed—

‘‘(1) to prohibit a local educational agency or a consortium 

thereof that receives assistance under section 131, from working 


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with an eligible institution or consortium thereof that receives 

assistance under section 132, to carry out career and technical 

education programs at the secondary level in accordance with 

this title; 

‘‘(2) to prohibit an eligible institution or consortium thereof 

that receives assistance under section 132, from working with 

a local educational agency or consortium thereof that receives 

assistance under section 131, to carry out postsecondary and 

adult career and technical education programs in accordance 

with this title; or 

‘‘(3) to require a charter school, that provides career and 

technical education programs and is considered a local educational agency under State law, to jointly establish the charter 

school’s eligibility for assistance under this title unless the charter school is explicitly permitted to do so under the State’s charter school statute. 

‘‘(d) CONSISTENT APPLICATION.—For purposes of this section, 

the eligible agency shall provide funds to charter schools offering career and technical education programs in the same manner as the 

eligible agency provides those funds to other schools. Such career 

and technical education programs within a charter school shall be 

of sufficient size, scope, and quality to be effective. 

‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION 

PROGRAMS. 

‘‘(a) LOCAL PLAN REQUIRED.—Any eligible recipient desiring financial assistance under this part shall, in accordance with requirements established by the eligible agency (in consultation with 

such other educational training entities as the eligible agency determines to be appropriate) submit a local plan to the eligible agency. 

Such local plan shall cover the same period of time as the period 

of time applicable to the State plan submitted under section 122. 

‘‘(b) CONTENTS.—The eligible agency shall determine the requirements for local plans, except that each local plan shall—

‘‘(1) describe how the career and technical education programs required under section 135(b) will be carried out with 

funds received under this title; 

‘‘(2) describe how the career and technical education activities will be carried out with respect to meeting State and local 

adjusted levels of performance established under section 113; 

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

‘‘(A) offer the appropriate courses of not less than 1 of 

the career and technical programs of study described in 

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

‘‘(B) improve the academic and technical skills of students participating in career and technical education programs by strengthening the academic and career and technical education components of such programs through the 

integration of coherent and rigorous content aligned with 

challenging academic standards and relevant career and 

technical education programs to ensure learning in—

‘‘(i) the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education 

Act of 1965); and 

‘‘(ii) career and technical education subjects; 


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‘‘(C) provide students with strong experience in, and 

understanding of, all aspects of an industry; ‘‘(D) ensure that students who participate in such career and technical education programs are taught to the 

same coherent and rigorous content aligned with challenging academic standards as are taught to all other students; and ‘‘(E) encourage career and technical education students 

at the secondary level to enroll in rigorous and challenging 

courses in core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965); 

‘‘(4) describe how comprehensive professional development 

(including initial teacher preparation) for career and technical 

education, academic, guidance, and administrative personnel 

will be provided that promotes the integration of coherent and 

rigorous content aligned with challenging academic standards 

and relevant career and technical education (including curriculum development); ‘‘(5) describe how parents, students, academic and career 

and technical education teachers, faculty, administrators, career guidance and academic counselors, representatives of tech 

prep consortia (if applicable), representatives of the entities participating in activities described in section 117 of Public Law 

105–220 (if applicable), representatives of business (including 

small business) and industry, labor organizations, representatives of special populations, and other interested individuals are 

involved in the development, implementation, and evaluation of 

career and technical education programs assisted under this 

title, and how such individuals and entities are effectively informed about, and assisted in understanding, the requirements 

of this title, including career and technical programs of study; ‘‘(6) provide assurances that the eligible recipient will provide a career and technical education program that is of such 

size, scope, and quality to bring about improvement in the quality of career and technical education programs; 

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

continuously improve the performance of the eligible recipient; 

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

‘‘(A) review career and technical education programs, 

and identify and adopt strategies to overcome barriers that 

result in lowering rates of access to or lowering success in 

the programs, for special populations; 

‘‘(B) provide programs that are designed to enable the 

special populations to meet the local adjusted levels of performance; and 

‘‘(C) provide activities to prepare special populations, 

including single parents and displaced homemakers, for 

high skill, high wage, or high demand occupations that 

will lead to self-sufficiency; 

‘‘(9) describe how individuals who are members of special 

populations will not be discriminated against on the basis of 

their status as members of the special populations; 

‘‘(10) describe how funds will be used to promote preparation for non-traditional fields; 


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‘‘(11) describe how career guidance and academic counseling will be provided to career and technical education students, including linkages to future education and training opportunities; and ‘‘(12) describe efforts to improve— ‘‘(A) the recruitment and retention of career and technical education teachers, faculty, and career guidance and 

academic counselors, including individuals in groups 

underrepresented in the teaching profession; and ‘‘(B) the transition to teaching from business and industry. 

‘‘SEC. 135. LOCAL USES OF FUNDS. 

‘‘(a) GENERAL AUTHORITY.—Each eligible recipient that receives 

funds under this part shall use such funds to improve career and 

technical education programs. ‘‘(b) REQUIREMENTS FOR USES OF FUNDS.—Funds made available to eligible recipients under this part shall be used to support 

career and technical education programs that— ‘‘(1) strengthen the academic and career and technical 

skills of students participating in career and technical education programs, by strengthening the academic and career and 

technical education components of such programs through the 

integration of academics with career and technical education 

programs through a coherent sequence of courses, such as career and technical programs of study described in section 

122(c)(1)(A), to ensure learning in— ‘‘(A) the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965); and ‘‘(B) career and technical education subjects; ‘‘(2) link career and technical education at the secondary 

level and career and technical education at the postsecondary 

level, including by offering the relevant elements of not less 

than 1 career and technical program of study described in section 122(c)(1)(A); ‘‘(3) provide students with strong experience in and understanding of all aspects of an industry, which may include workbased learning experiences; ‘‘(4) develop, improve, or expand the use of technology in career and technical education, which may include— ‘‘(A) training of career and technical education teachers, faculty, and administrators to use technology, which 

may include distance learning; ‘‘(B) providing career and technical education students 

with the academic and career and technical skills (including the mathematics and science knowledge that provides a 

strong basis for such skills) that lead to entry into the technology fields; or ‘‘(C) encouraging schools to collaborate with technology 

industries to offer voluntary internships and mentoring 

programs, including programs that improve the mathematics and science knowledge of students; 

‘‘(5) provide professional development programs that are 

consistent with section 122 to secondary and postsecondary 

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demic counselors who are involved in integrated career and 

technical education programs, including—

‘‘(A) in-service and preservice training on—

‘‘(i) effective integration and use of challenging 

academic and career and technical education provided 

jointly with academic teachers to the extent practicable; 

‘‘(ii) effective teaching skills based on research that 

includes promising practices; 

‘‘(iii) effective practices to improve parental and 

community involvement; and 

‘‘(iv) effective use of scientifically based research 

and data to improve instruction; 

‘‘(B) support of education programs for teachers of career and technical education in public schools and other 

public school personnel who are involved in the direct delivery of educational services to career and technical education students, to ensure that such teachers and personnel 

stay current with all aspects of an industry; 

‘‘(C) internship programs that provide relevant business experience; and 

‘‘(D) programs designed to train teachers specifically in 

the effective use and application of technology to improve 

instruction; 

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

technical education programs carried out with funds under this 

title, including an assessment of how the needs of special populations are being met; 

‘‘(7) initiate, improve, expand, and modernize quality career 

and technical education programs, including relevant technology; 

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

size, scope, and quality to be effective; and 

‘‘(9) provide activities to prepare special populations, including single parents and displaced homemakers who are enrolled in career and technical education programs, for high 

skill, high wage, or high demand occupations that will lead to 

self-sufficiency. 

‘‘(c) PERMISSIVE.—Funds made available to an eligible recipient 

under this title may be used—

‘‘(1) to involve parents, businesses, and labor organizations 

as appropriate, in the design, implementation, and evaluation 

of career and technical education programs authorized under 

this title, including establishing effective programs and procedures to enable informed and effective participation in such 

programs; 

‘‘(2) to provide career guidance and academic counseling, 

which may include information described in section 118, for 

students participating in career and technical education programs, that—

‘‘(A) improves graduation rates and provides information on postsecondary and career options, including baccalaureate degree programs, for secondary students, which 

activities may include the use of graduation and career 

plans; and 


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‘‘(B) provides assistance for postsecondary students, including for adult students who are changing careers or updating skills; 

‘‘(3) for local education and business (including small business) partnerships, including for— ‘‘(A) work-related experiences for students, such as internships, cooperative education, school-based enterprises, 

entrepreneurship, and job shadowing that are related to career and technical education programs; ‘‘(B) adjunct faculty arrangements for qualified industry professionals; and ‘‘(C) industry experience for teachers and faculty; ‘‘(4) to provide programs for special populations; 

‘‘(5) to assist career and technical student organizations; 

‘‘(6) for mentoring and support services; 

‘‘(7) for leasing, purchasing, upgrading or adapting equipment, including instructional aids and publications (including 

support for library resources) designed to strengthen and support academic and technical skill achievement; ‘‘(8) for teacher preparation programs that address the integration of academic and career and technical education and 

that assist individuals who are interested in becoming career 

and technical education teachers and faculty, including individuals with experience in business and industry; ‘‘(9) to develop and expand postsecondary program offerings 

at times and in formats that are accessible for students, including working students, including through the use of distance 

education; ‘‘(10) to develop initiatives that facilitate the transition of 

subbaccalaureate career and technical education students into 

baccalaureate degree programs, including— ‘‘(A) articulation agreements between sub-baccalaureate 

degree granting career and technical education postsecondary educational institutions and baccalaureate degree 

granting postsecondary educational institutions; 

‘‘(B) postsecondary dual and concurrent enrollment 

programs; 

‘‘(C) academic and financial aid counseling for subbaccalaureate career and technical education students that 

informs the students of the opportunities for pursuing a 

baccalaureate degree and advises the students on how to 

meet any transfer requirements; and 

‘‘(D) other initiatives—

‘‘(i) to encourage the pursuit of a baccalaureate degree; and 

‘‘(ii) to overcome barriers to enrollment in and 

completion of baccalaureate degree programs, including geographic and other barriers affecting rural students and special populations; 

‘‘(11) to provide activities to support entrepreneurship education and training; 

‘‘(12) for improving or developing new career and technical 

education courses, including the development of new proposed 

career and technical programs of study for consideration by the 

eligible agency and courses that prepare individuals academiVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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cally and technically for high skill, high wage, or high demand 

occupations and dual or concurrent enrollment opportunities by 

which career and technical education students at the secondary 

level could obtain postsecondary credit to count towards an associate or baccalaureate degree; 

‘‘(13) to develop and support small, personalized careerthemed learning communities; 

‘‘(14) to provide support for family and consumer sciences 

programs; 

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

for adults and school dropouts to complete the secondary school 

education, or upgrade the technical skills, of the adults and 

school dropouts; 

‘‘(16) to provide assistance to individuals who have participated in services and activities under this Act in continuing 

their education or training or finding an appropriate job, such 

as through referral to the system established under section 121 

of Public Law 105–220 (29 U.S.C. 2801 et seq.); 

‘‘(17) to support training and activities (such as mentoring 

and outreach) in non-traditional fields; 

‘‘(18) to provide support for training programs in automotive technologies; 

‘‘(19) to pool a portion of such funds with a portion of funds 

available to not less than 1 other eligible recipient for innovative initiatives, which may include—

‘‘(A) improving the initial preparation and professional 

development of career and technical education teachers, faculty, administrators, and counselors; 

‘‘(B) establishing, enhancing, or supporting systems 

for—

‘‘(i) accountability data collection under this Act; 

or 

‘‘(ii) reporting data under this Act; 

‘‘(C) implementing career and technical programs of 

study described in section 122(c)(1)(A); or 

‘‘(D) implementing technical assessments; and 

‘‘(20) to support other career and technical education activities that are consistent with the purpose of this Act. 

‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipient receiving 

funds under this part shall not use more than 5 percent of the funds 

for administrative costs associated with the administration of activities assisted under this section. 

‘‘TITLE II—TECH PREP EDUCATION 

‘‘SEC. 201. STATE ALLOTMENT AND APPLICATION. 

‘‘(a) IN GENERAL.—For any fiscal year, the Secretary shall allot 

the amount made available under section 206 among the States in 

the same manner as funds are allotted to States under paragraph 

(2) of section 111(a). 

‘‘(b) PAYMENTS TO ELIGIBLE AGENCIES.—The Secretary shall 

make a payment in the amount of a State’s allotment under subsection (a) to the eligible agency that serves the State and has an 

application approved under subsection (c). 


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‘‘(c) STATE APPLICATION.—Each eligible agency desiring an allotment under this title shall submit, as part of its State plan under 

section 122, an application that—

‘‘(1) describes how activities under this title will be coordinated, to the extent practicable, with activities described in the 

State plan submitted under section 122; and 

‘‘(2) contains such information as the Secretary may require. 

‘‘SEC. 202. CONSOLIDATION OF FUNDS. 

‘‘(a) IN GENERAL.—An eligible agency receiving an allotment 

under sections 111 and 201 may choose to consolidate all, or a portion of, funds received under section 201 with funds received under 

section 111 in order to carry out the activities described in the State 

plan submitted under section 122. 

‘‘(b) NOTIFICATION REQUIREMENT.—Each eligible agency that 

chooses to consolidate funds under this section shall notify the Secretary, in the State plan submitted under section 122, of the eligible 

agency’s decision to consolidate funds under this section. 

‘‘(c) TREATMENT OF CONSOLIDATED FUNDS.—Funds consolidated under this section shall be considered as funds allotted under 

section 111 and shall be distributed in accordance with section 112. 

‘‘SEC. 203. TECH PREP PROGRAM. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—From amounts made available to each 

eligible agency under section 201, the eligible agency, in accordance with the provisions of this title, shall award grants, on a 

competitive basis or on the basis of a formula determined by the 

eligible agency, for tech prep programs described in subsection 

(c). The grants shall be awarded to consortia between or 

among—

‘‘(A) a local educational agency, an intermediate educational agency, educational service agency, or area career 

and technical education school, serving secondary school 

students, or a secondary school funded by the Bureau of Indian Affairs; and 

‘‘(B)(i) a nonprofit institution of higher education 

that—

‘‘(I)(aa) offers a 2-year associate degree program or 

a 2-year certificate program; and 

‘‘(bb) is qualified as an institution of higher education pursuant to section 102 of the Higher Education 

Act of 1965, including—

‘‘(AA) an institution receiving assistance under 

the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.); and 

‘‘(BB) a tribally controlled postsecondary career and technical institution; or 

‘‘(II) offers a 2-year apprenticeship program that 

follows secondary education instruction, 

if such nonprofit institution of higher education is not prohibited from receiving assistance under part B of title IV of 

the Higher Education Act of 1965 pursuant to the provisions of section 435(a)(2) of such Act; or 


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‘‘(ii) a proprietary institution of higher education that 

offers a 2-year associate degree program and is qualified as 

an institution of higher education pursuant to section 102 

of the Higher Education Act of 1965, if such proprietary institution of higher education is not subject to a default 

management plan required by the Secretary. 

‘‘(2) SPECIAL RULE.—In addition, a consortium described in 

paragraph (1) may include 1 or more—

‘‘(A) institutions of higher education that award a baccalaureate degree; and 

‘‘(B) employers (including small businesses), business 

intermediaries, or labor organizations. 

‘‘(b) DURATION.—Each consortium receiving a grant under this 

title shall use amounts provided under the grant to develop and operate a 4- or 6-year tech prep program described in subsection (c). 

‘‘(c) CONTENTS OF TECH PREP PROGRAM.—Each tech prep program shall—

‘‘(1) be carried out under an articulation agreement between 

the participants in the consortium; 

‘‘(2) consist of a program of study that—

‘‘(A) combines—

‘‘(i) a minimum of 2 years of secondary education 

(as determined under State law); with 

‘‘(ii)(I) a minimum of 2 years of postsecondary education in a nonduplicative, sequential course of study; 

or 

‘‘(II) an apprenticeship program of not less than 2 

years following secondary education instruction; and 

‘‘(B) integrates academic and career and technical education instruction, and utilizes work-based and worksite 

learning experiences where appropriate and available; 

‘‘(C) provides technical preparation in a career field, including high skill, high wage, or high demand occupations; 

‘‘(D) builds student competence in technical skills and 

in core academic subjects (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965), as appropriate, through applied, contextual, and integrated instruction, in a coherent sequence of courses; 

‘‘(E) leads to technical skill proficiency, an industryrecognized credential, a certificate, or a degree, in a specific 

career field; 

‘‘(F) leads to placement in high skill or high wage employment, or to further education; and 

‘‘(G) utilizes career and technical education programs 

of study, to the extent practicable; 

‘‘(3) include the development of tech prep programs for secondary education and postsecondary education that—

‘‘(A) meet academic standards developed by the State; 

‘‘(B) link secondary schools and 2-year postsecondary 

institutions, and if possible and practicable, 4-year institutions of higher education, through—

‘‘(i) nonduplicative sequences of courses in career 

fields; 

‘‘(ii) the use of articulation agreements; and 


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‘‘(iii) the investigation of opportunities for tech prep 

secondary education students to enroll concurrently in 

secondary education and postsecondary education 

coursework; 

‘‘(C) use, if appropriate and available, work-based or 

worksite learning experiences in conjunction with business 

and all aspects of an industry; and 

‘‘(D) use educational technology and distance learning, 

as appropriate, to involve all the participants in the consortium more fully in the development and operation of programs; 

‘‘(4) include in-service professional development for teachers, faculty, and administrators that—

‘‘(A) supports effective implementation of tech prep programs; 

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

‘‘(C) supports the needs, expectations, and methods of 

business and all aspects of an industry; 

‘‘(D) supports the use of contextual and applied curricula, instruction, and assessment; 

‘‘(E) supports the use and application of technology; 

and 

‘‘(F) assists in accessing and utilizing data, information available pursuant to section 118, and information on 

student achievement, including assessments; 

‘‘(5) include professional development programs for counselors designed to enable counselors to more effectively—

‘‘(A) provide information to students regarding tech 

prep programs; 

‘‘(B) support student progress in completing tech prep 

programs, which may include the use of graduation and 

career plans; 

‘‘(C) provide information on related employment opportunities; 

‘‘(D) ensure that students are placed in appropriate employment or further postsecondary education; 

‘‘(E) stay current with the needs, expectations, and 

methods of business and all aspects of an industry; and 

‘‘(F) provide comprehensive career guidance and academic counseling to participating students, including special populations; 

‘‘(6) provide equal access, to the full range of technical preparation programs (including preapprenticeship programs), to 

individuals who are members of special populations, including 

the development of tech prep program services appropriate to 

the needs of special populations; 

‘‘(7) provide for preparatory services that assist participants 

in tech prep programs; and 

‘‘(8) coordinate with activities conducted under title I. 

‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech prep program may—

‘‘(1) provide for the acquisition of tech prep program equipment; 


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‘‘(2) acquire technical assistance from State or local entities 

that have designed, established, and operated tech prep programs that have effectively used educational technology and 

distance learning in the delivery of curricula and services; ‘‘(3) establish articulation agreements with institutions of 

higher education, labor organizations, or businesses located inside or outside the State and served by the consortium, especially with regard to using distance learning and educational 

technology to provide for the delivery of services and programs; ‘‘(4) improve career guidance and academic counseling for 

participating students through the development and implementation of graduation and career plans; and ‘‘(5) develop curriculum that supports effective transitions 

between secondary and postsecondary career and technical education programs. 

‘‘(e) INDICATORS OF PERFORMANCE AND ACCOUNTABILITY.—

‘‘(1) IN GENERAL.—Each consortium shall establish and report to the eligible agency indicators of performance for each 

tech prep program for which the consortium receives a grant 

under this title. The indicators of performance shall include the 

following: 

‘‘(A) The number of secondary education tech prep students and postsecondary education tech prep students 

served. 

‘‘(B) The number and percent of secondary education 

tech prep students enrolled in the tech prep program who—

‘‘(i) enroll in postsecondary education; 

‘‘(ii) enroll in postsecondary education in the same 

field or major as the secondary education tech prep students were enrolled at the secondary level; 

‘‘(iii) complete a State or industry-recognized certification or licensure; 

‘‘(iv) successfully complete, as a secondary school 

student, courses that award postsecondary credit at the 

secondary level; and ‘‘(v) enroll in remedial mathematics, writing, or 

reading courses upon entering postsecondary education. 

‘‘(C) The number and percent of postsecondary education tech prep students who— ‘‘(i) are placed in a related field of employment not 

later than 12 months after graduation from the tech 

prep program; ‘‘(ii) complete a State or industry-recognized certification or licensure; ‘‘(iii) complete a 2-year degree or certificate program within the normal time for completion of such 

program; and ‘‘(iv) complete a baccalaureate degree program 

within the normal time for completion of such program. 

‘‘(2) NUMBER AND PERCENT.—For purposes of subparagraphs (B) and (C) of paragraph (1), the numbers and percentages shall be determined separately with respect to each clause 

of each such subparagraph. 


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‘‘SEC. 204. CONSORTIUM APPLICATIONS. 

‘‘(a) IN GENERAL.—Each consortium that desires to receive a 

grant under this title shall submit an application to the eligible 

agency at such time and in such manner as the eligible agency shall 

require. ‘‘(b) PLAN.—Each application submitted under this section shall 

contain a 6-year plan for the development and implementation of 

tech prep programs under this title, which plan shall be reviewed 

after the second year of the plan. ‘‘(c) APPROVAL.—The eligible agency shall approve applications 

under this title based on the potential of the activities described in 

the application to create an effective tech prep program. ‘‘(d) SPECIAL CONSIDERATION.—The eligible agency, as appropriate, shall give special consideration to applications that— ‘‘(1) provide for effective employment placement activities or 

the transfer of students to baccalaureate or advanced degree 

programs; ‘‘(2) are developed in consultation with business, industry, 

institutions of higher education, and labor organizations; ‘‘(3) address effectively the issues of school dropout prevention and reentry, and the needs of special populations; ‘‘(4) provide education and training in an area or skill, including an emerging technology, in which there is a significant 

workforce shortage based on the data provided by the eligible 

entity in the State under section 118; ‘‘(5) demonstrate how tech prep programs will help students 

meet high academic and employability competencies; and ‘‘(6) demonstrate success in, or provide assurances of, coordination and integration with eligible recipients described in 

part C of title I. 

‘‘(e) PERFORMANCE LEVELS.—

‘‘(1) IN GENERAL.—Each consortium receiving a grant under 

this title shall enter into an agreement with the eligible agency 

to meet a minimum level of performance for each of the performance indicators described in sections 113(b) and 203(e). 

‘‘(2) RESUBMISSION OF APPLICATION; TERMINATION OF

FUNDS.—An eligible agency—

‘‘(A) shall require consortia that do not meet the performance levels described in paragraph (1) for 3 consecutive 

years to resubmit an application to the eligible agency for 

a tech prep program grant; and 

‘‘(B) may choose to terminate the funding for the tech 

prep program for a consortium that does not meet the performance levels described in paragraph (1) for 3 consecutive 

years, including when the grants are made on the basis of 

a formula determined by the eligible agency. 

‘‘(f) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In awarding 

grants under this title, the eligible agency shall ensure an equitable 

distribution of assistance between or among urban and rural participants in the consortium. 

‘‘SEC. 205. REPORT. 

‘‘Each eligible agency that receives an allotment under this title 

annually shall prepare and submit to the Secretary a report on the 

effectiveness of the tech prep programs assisted under this title, including a description of how grants were awarded within the State. 


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‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this title 

such sums as may be necessary for fiscal year 2007 and each of the 

5 succeeding fiscal years. 

‘‘TITLE III—GENERAL PROVISIONS 

‘‘PART A—FEDERAL ADMINISTRATIVE 

PROVISIONS 

‘‘SEC. 311. FISCAL REQUIREMENTS. 

‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made available 

under this Act for career and technical education activities shall 

supplement, and shall not supplant, non-Federal funds expended to 

carry out career and technical education activities and tech prep 

program activities. 

‘‘(b) MAINTENANCE OF EFFORT.—

‘‘(1) DETERMINATION.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no payments shall be made under this 

Act for any fiscal year to a State for career and technical 

education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the 

aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the 

fiscal year for which the determination is made, equaled or 

exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made. 

‘‘(B) COMPUTATION.—In computing the fiscal effort or 

aggregate expenditures pursuant to subparagraph (A), the 

Secretary shall exclude capital expenditures, special 1-time 

project costs, and the cost of pilot programs. 

‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the amount 

made available for career and technical education programs under this Act for a fiscal year is less than the 

amount made available for career and technical education 

programs under this Act for the preceding fiscal year, then 

the fiscal effort per student or the aggregate expenditures of 

a State required by subparagraph (A) for the preceding fiscal year shall be decreased by the same percentage as the 

percentage decrease in the amount so made available. 

‘‘(2) WAIVER.—The Secretary may waive the requirements of 

this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making 

a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of 

the eligible agency to meet such requirements, such as a natural 

disaster or an unforeseen and precipitous decline in financial 

resources. No level of funding permitted under such a waiver 

may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed 


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on the basis of the level of funding that would, but for such 

waiver, have been required. 

‘‘SEC. 312. AUTHORITY TO MAKE PAYMENTS. 

‘‘Any authority to make payments or to enter into contracts 

under this Act shall be available only to such extent or in such 

amounts as are provided in advance in appropriation Acts. 

‘‘SEC. 313. CONSTRUCTION. 

‘‘Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of a private, 

religious, or home school, regardless of whether a home school is 

treated as a private school or home school under State law. This 

section shall not be construed to bar students attending private, religious, or home schools from participation in programs or services 

under this Act. 

‘‘SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION. 

‘‘No funds made available under this Act shall be used—

‘‘(1) to require any secondary school student to choose or 

pursue a specific career path or major; or 

‘‘(2) to mandate that any individual participate in a career 

and technical education program, including a career and technical education program that requires the attainment of a federally funded skill level, standard, or certificate of mastery. 

‘‘SEC. 315. LIMITATION FOR CERTAIN STUDENTS. 

‘‘No funds received under this Act may be used to provide career 

and technical education programs to students prior to the seventh 

grade, except that equipment and facilities purchased with funds 

under this Act may be used by such students. 

‘‘SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS. 

‘‘Nothing in this Act shall be construed to be inconsistent with 

applicable Federal law prohibiting discrimination on the basis of 

race, color, sex, national origin, age, or disability in the provision 

of Federal programs or services. 

‘‘SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND 

CHILDREN. 

‘‘(a) PERSONNEL.—An eligible agency or eligible recipient that 

uses funds under this Act for in-service and preservice career and 

technical education professional development programs for career 

and technical education teachers, administrators, and other personnel shall, to the extent practicable, upon written request, permit 

the participation in such programs of career and technical education secondary school teachers, administrators, and other personnel in nonprofit private schools offering career and technical secondary education programs located in the geographical area served 

by such eligible agency or eligible recipient. 

‘‘(b) STUDENT PARTICIPATION.—

‘‘(1) STUDENT PARTICIPATION.—Except as prohibited by 

State or local law, an eligible recipient may, upon written request, use funds made available under this Act to provide for 

the meaningful participation, in career and technical education 

programs and activities receiving funding under this Act, of secondary school students attending nonprofit private schools who 

reside in the geographical area served by the eligible recipient. 


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‘‘(2) CONSULTATION.—An eligible recipient shall consult, 

upon written request, in a timely and meaningful manner with 

representatives of nonprofit private schools in the geographical 

area served by the eligible recipient described in paragraph (1) 

regarding the meaningful participation, in career and technical 

education programs and activities receiving funding under this 

Act, of secondary school students attending nonprofit private 

schools. 

‘‘SEC. 318. LIMITATION ON FEDERAL REGULATIONS. 

‘‘The Secretary may issue regulations under this Act only to the 

extent necessary to administer and ensure compliance with the specific requirements of this Act. 

‘‘PART B—STATE ADMINISTRATIVE 

PROVISIONS 

‘‘SEC. 321. JOINT FUNDING. 

‘‘(a) GENERAL AUTHORITY.—Funds made available to eligible 

agencies under this Act may be used to provide additional funds 

under an applicable program if—

‘‘(1) such program otherwise meets the requirements of this 

Act and the requirements of the applicable program; 

‘‘(2) such program serves the same individuals that are 

served under this Act; 

‘‘(3) such program provides services in a coordinated manner with services provided under this Act; and 

‘‘(4) such funds are used to supplement, and not supplant, 

funds provided from non-Federal sources. 

‘‘(b) APPLICABLE PROGRAM.—For the purposes of this section, 

the term ‘applicable program’ means any program under any of the 

following provisions of law: 

‘‘(1) Chapters 4 and 5 of subtitle B of title I of Public Law 

105–220. 

‘‘(2) The Wagner-Peyser Act. 

‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the purposes of 

this section, the term ‘additional funds’ does not include funds used 

as matching funds. 

‘‘SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 

RELOCATION OF BUSINESSES. 

‘‘No funds provided under this Act shall be used for the purpose 

of directly providing incentives or inducements to an employer to relocate a business enterprise from one State to another State if such 

relocation will result in a reduction in the number of jobs available 

in the State where the business enterprise is located before such incentives or inducements are offered. 

‘‘SEC. 323. STATE ADMINISTRATIVE COSTS. 

‘‘(a) GENERAL RULE.—Except as provided in subsection (b), for 

each fiscal year for which an eligible agency receives assistance 

under this Act, the eligible agency shall provide, from non-Federal 

sources for the costs the eligible agency incurs for the administration of programs under this Act, an amount that is not less than 

the amount provided by the eligible agency from non-Federal 

sources for such costs for the preceding fiscal year. 


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‘‘(b) EXCEPTION.—If the amount made available from Federal 

sources for the administration of programs under this Act for a fiscal year (referred to in this section as the ‘determination year’) is 

less than the amount made available from Federal sources for the 

administration of programs under this Act for the preceding fiscal 

year, then the amount the eligible agency is required to provide from 

non-Federal sources for costs the eligible agency incurs for the administration of programs under this Act for the determination year 

under subsection (a) shall bear the same ratio to the amount the eligible agency provided from non-Federal sources for such costs for 

the preceding fiscal year, as the amount made available from Federal sources for the administration of programs under this Act for 

the determination year bears to the amount made available from 

Federal sources for the administration of programs under this Act 

for the preceding fiscal year. 

‘‘SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS. 

‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME OR RESOURCES.—The portion of any student financial assistance received 

under this Act that is made available for attendance costs described 

in subsection (b) shall not be considered as income or resources in 

determining eligibility for assistance under any other program funded in whole or in part with Federal funds. 

‘‘(b) ATTENDANCE COSTS.—The attendance costs described in 

this subsection are—

‘‘(1) tuition and fees normally assessed a student carrying 

an academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in that course of 

study; and 

‘‘(2) an allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student 

attending the institution on at least a half-time basis, as determined by the institution. 

‘‘(c) COSTS OF CAREER AND TECHNICAL EDUCATION SERVICES.—

Funds made available under this Act may be used to pay for the 

costs of career and technical education services required in an individualized education program developed pursuant to section 614(d) 

of the Individuals with Disabilities Education Act and services necessary to meet the requirements of section 504 of the Rehabilitation 

Act of 1973 with respect to ensuring equal access to career and technical education.’’. 

SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. 

(a) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(C) 

of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) is 

amended by striking ‘‘Carl D. Perkins Vocational and Technical 

Education Act of 1998’’ and inserting ‘‘The Carl D. Perkins Career 

and Technical Education Act of 2006’’. 

(b) TRADE ACT OF 1974.—The Trade Act of 1974 (19 U.S.C. 

2101 et seq.) is amended—

(1) in section 231(c)(1)(F) (19 U.S.C. 2291(c)(1)(F))—

(A) by striking ‘‘area vocational education schools’’ and 

inserting ‘‘area career and technical education schools’’; 

and 


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(B) by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’; and 

(2) in section 236(a)(1)(D) (19 U.S.C. 2296(a)(1)(D)), by 

striking ‘‘area vocational’’ and all that follows through ‘‘Act of 

1963’’ and inserting ‘‘area career and technical education 

schools, as defined in section 3 of the Carl D. Perkins Career 

and Technical Education Act of 2006’’. (c) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended— (1) in section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A))— (A) by striking ‘‘section 521(4)(C)’’ and inserting ‘‘section 3(3)(C)’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’; and 

(2) in section 484(l)(1)(B)(i) (20 U.S.C. 1091(l)(1)(B)(i)), by 

striking ‘‘section 521(4)(C) of the Carl D. Perkins Vocational 

and Technical Education Act of 1998’’ and inserting ‘‘section 

3(C) of the Carl D. Perkins Career and Technical Education Act 

of 2006’’. (d) EDUCATION FOR ECONOMIC SECURITY ACT.—Section 3(1) of 

the Education for Economic Security Act (20 U.S.C. 3902(1)) is 

amended—

(1) by striking ‘‘area vocational education school’’ and inserting ‘‘area career and technical education school’’; and 

(2) by striking ‘‘section 521(3) of the Carl D. Perkins Vocational Educational Act..’’ and inserting ‘‘section 3(3) of the Carl 

D. Perkins Career and Technical Education Act of 2006.’’. (e) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section 4(b)(2) of the Education Flexibility Partnership Act of 1999 (20 

U.S.C. 5891b(b)(2)) is amended by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’. (f) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.— The Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.) is amended— (1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 

1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 

Education Act of 2006’’; 

(2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 

1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 

Education Act of 2006’’; 

(3) in section 1114(b)(2)(B)(v) (20 U.S.C. 6314(b)(2)(B)(v)), 

by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’ and inserting ‘‘the Carl D. Perkins Career 

and Technical Education Act of 2006’’; and 

(4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), by striking 

‘‘Carl D. Perkins Vocational and Technical Education Act of 

1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 

Education Act of 2006’’. 

(g) WAGNER-PEYSER ACT.—Section 15(f) of the Wagner-Peyser 

Act (29 U.S.C. 49l–2(f)) is amended by striking ‘‘Carl D. Perkins VoVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00066 Fmt 6659 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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cational and Applied Technology Education Act’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’. (h) PUBLIC LAW 105–220.—Public Law 105–220 is amended— (1) in section 101(3) (29 U.S.C. 2801(3))— (A) by striking ‘‘given the term’’ and inserting ‘‘given 

the term ‘area career and technical education school’ ’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’; 

(2) in section 101(50) (29 U.S.C. 2801(50)), by striking ‘‘given’’ and all that follows through the period at the end and 

inserting ‘‘given the term ‘career and technical education’ in section 3 of the Carl D. Perkins Career and Technical Education 

Act of 2006.’’; 

(3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by striking ‘‘section 113(b)(14) of the Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘section 

113(b)(3) of the Carl D. Perkins Career and Technical Education Act of 2006’’; 

(4) in section 112(b)(8)(A)(iii) (29 U.S.C. 

2822(b)(8)(A)(iii))— (A) by striking ‘‘postsecondary vocational education activities’’ and inserting ‘‘career and technical education activities at the postsecondary level’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’; 

(5) in section 121(b)(1)(B)(vii) (29 U.S.C. 

2841(b)(1)(B)(vii))— (A) by striking ‘‘postsecondary vocational education activities’’ and inserting ‘‘career and technical education activities at the postsecondary level’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’; 

(6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by 

striking ‘‘postsecondary vocational’’ and all that follows through 

‘‘Education Act’’ and inserting ‘‘career and technical education 

activities at the postsecondary level, and career and technical 

education activities available to school dropouts, under the Carl 

D. Perkins Career and Technical Education Act of 2006’’; 

(7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))—

(A) by striking ‘‘secondary vocational education programs’’ and inserting ‘‘career and technical education programs at the secondary level’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’; 

(8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))—

(A) by striking ‘‘postsecondary vocational education 

programs’’ and inserting ‘‘career and technical education 

programs at the postsecondary level’’; and 

(B) by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. 

Perkins Career and Technical Education Act of 2006’’; and 


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(9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by 

striking ‘‘Carl D. Perkins Vocational and Applied Technology 

Education Act’’ and inserting ‘‘Carl D. Perkins Career and 

Technical Education Act of 2006’’. (i) TITLE 31.—Section 6703(a)(12) of title 31, United States 

Code, is amended by striking ‘‘Carl D. Perkins Vocational and Applied Technology Education Act’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’. (j) TITLE 40.—Section 14507(a)(1)(A)(iv) of title 40, United 

States Code, is amended by striking ‘‘Carl D. Perkins Vocational 

and Technical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’. (k) OLDER AMERICANS ACT OF 1965.—The Older Americans Act 

of 1965 (42 U.S.C. 3001 et seq.) is amended—

(1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)), by 

striking ‘‘Carl D. Perkins Vocational and Technical Education 

Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’; 

(2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by striking 

‘‘Carl D. Perkins Vocational and Technical Education Act of 

1998’’ each place that term appears and inserting ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’; and 

(3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), by striking 

‘‘Vocational and Technical Education Act of 1998’’ and inserting ‘‘Career and Technical Education Act of 2006’’. 

(l) COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF

2003.—Section 105(f)(1)(B)(iii) of the Compact of Free Association 

Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is amended 

by striking ‘‘Carl D. Perkins Vocational and Technical Education 

Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 

Education Act of 2006’’. And the House agree to the same. 

That the House recede from its amendment to the title of the 

bill and agree to the same. 

HOWARD P. ‘‘BUCK’’ MCKEON, 

MIKE CASTLE, 

MARK SOUDER, 

TOM OSBORNE, 

MARILYN MUSGRAVE, 

GEORGE MILLER, 

LYNN WOOLSEY, 

RON KIND, 

Managers on the Part of the House. 

MICHAEL B. ENZI, 

JUDD GREGG, 

WILLIAM H. FRIST, 

LAMAR ALEXANDER, 

RICHARD M. BURR, JOHNNY ISAKSON, MIKE DEWINE, JOHN ENSIGN, ORRIN HATCH, 

JEFF SESSIONS, 

PAT ROBERTS, 


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TED KENNEDY, TOM HARKIN, BARBARA A. MIKULSKI, PATTY MURRAY, JACK REED, HILLARY RODHAM CLINTON, Managers on the Part of the Senate. 


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(71) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendments of the House to the bill (S. 250) to amend the Carl 

D. Perkins Vocational and Technical Education Act of 1998 to improve the Act, submit the following joint statement to the House 

and the Senate in explanation of the effect of the action agreed 

upon by the managers and recommended in the accompanying conference report: 

RECOMMENDATIONS

Sec. 1. Short Title 

(1) The House and Senate bills have different titles. 

House recedes with amendment to read as follows: 

Accepted: 

Carl D. Perkins Career and Technical Education Improvement 

Act of 2006 

(2) The House and Senate bill both amend the table of contents 

to reflect the amendments made to current law. 

Legislative Counsel: similar or identical provision 

Sec. 2. Purposes 

(3) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(4) The Senate bill expands the first purpose to include ‘‘technical standards’’ and to include assisting students in meeting both 

technical and academic standards in preparation for high skill, 

high wage, or high demand occupations in emerging or established 

professions. 

House recedes with amendment to read as follows: 

(1) building on the efforts of States and localities to develop 

challenging academic and technical standards and to assist 

students in meeting such standards including preparation for 

high skill, high wage, or high demand occupations in current 

or emerging professions; 

(5) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(6) The House bill includes the term ‘‘rigorous.’’


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Senate recedes 

(7) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(8) The Senate bill includes ‘‘conducting’’ research and disseminating information on best practices as purposes. 

House recedes with amendment to read as follows: 

(4) conducting and disseminating national research and 

disseminating information on best practices that improve career 

and technical education programs, services, and activities; 

(9) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(10) The House bill does not include this purpose: 

(5) promoting leadership, initial preparation, and professional development at the State and local levels, and developing research and best practices for improving the quality of 

career and technical education teachers, faculty, principals, administrators, and counselors; 

House recedes with amendment to read as follows: 

(5) providing technical assistance that promotes leadership, 

initial preparation, and professional development at the State 

and local levels that improves the quality of career and technical education teachers, faculty, administrators, and counselors; 

(11) The House bill does not include this purpose: 

House recedes with amendment to read as follows: 

(6) supporting partnerships among secondary schools, postsecondary institutions, bachelor degree granting institutions, 

area career technical centers, local workforce investment boards, 

business and industry, and intermediaries; and 

(12) The House bill does not include this purpose: 

(7) Providing individuals with opportunities throughout 

their lifetime to develop, in conjunction with other Federal 

education and training programs, the knowledge and skills 

needed to keep America competitive. 

House recedes with amendment to read as follows: 

(7) providing individuals with opportunities throughout 

their lifetimes to develop, in conjunction with other education 

and training programs, the knowledge and skills needed to keep 

America competitive. 

Sec. 3. Definitions 

(13) Provisions are identical 

Legislative Counsel: similar or identical provision 

(14) The Senate bill includes information collected by entities 

described in Section 118 in the definition. 


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House recedes with amendment to read as follows: 

(2) ALL ASPECTS OF AN INDUSTRY.—The term ‘all aspects of 

an industry’ means strong experience in, and comprehensive understanding of, the industry that the individual is preparing to 

enter, including information as described in section 118. 

(15) The Senate bill changes the term ‘‘vocational’’ to ‘‘career’’. 

House recedes 

(16) Similar provisions. The House bill includes facilitation by 

lead administrators. 

House recedes with amendment to read as follows: 

(4) ARTICULATION AGREEMENT—

The term ‘articulation agreement’ means a written commitment—

(A) that is approved annually by the lead administrators of—

(i) a secondary institution and a postsecondary 

educational institution; or 

(ii) a sub-baccalaureate degree granting postsecondary educational institution and a baccalaureate degree granting postsecondary educational institution; 

and 

(B) that is designed to provide students with a nonduplicative sequence of progressive achievement leading to 

technical skill proficiency, a credential, a certificate, or a 

degree, and linked through credit transfer agreements. 

(17) The House bill includes the term ‘‘rigorous.’’ The Senate 

bill permits work-based learning experiences. 

Senate recedes with amendment to read as follows: 

(5) CAREER AND TECHNICAL EDUCATION.—The term ‘career 

and technical education’ means organized educational activities 

that—

(A) offer a sequence of courses that—

(i) provides individuals with coherent and rigorous 

content aligned with challenging academic standards 

and relevant technical knowledge and skills needed to 

prepare for further education and careers in current or 

emerging professions; 

Report Language: In referring to a sequence of courses 

throughout the bill, the Conferees intend that a sequence of courses 

may include ‘work-based learning experiences’ such as long term 

internships or apprenticeships. 

(18) The House bill excludes professions that require a post 

baccalaureate degree. 

Senate recedes with amendment to read as follows: 

(ii) may include pre-requisite courses that meet the 

requirements of this subparagraph; and 

(iii) shall provide technical skill proficiency, an industry-recognized credential, certificate, or associate 

degree; and 


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Report Language: By including prerequisite (other than remedial) courses in the definition of career and technical education, the 

conferees do not intend for eligible agencies or eligible recipients to 

use funds under this Act for activities that are not directly connected to a career and technical education program or sequence of 

courses. 

(19) The House bill requires programs to provide for a 1-year 

certificate, associate degree, or industry-recognized credential. The 

Senate bill allows programs that may lead to technical skill proficiency, a credential, a certificate, or a degree. 

Senate recedes with amendment to read as follows: 

(ii) may include pre-requisite courses that meet the 

requirements of this subparagraph; 

(iii) shall provide technical skill proficiency, an industry-recognized credential, certificate, or associate 

degree; and 

(20) The Senate bill includes all aspects of an industry, including entrepreneurship. 

House recedes 

(21) The House bill does not define career and technical education student. 

Senate recedes 

(22) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(23) The Senate bill includes information about baccalaureate 

degree programs. The House bill includes providing access to information for parents, as appropriate. 

House recedes with amendment to read as follows: 

(8) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The 

term ‘career guidance and academic counseling’ means guidance and counseling that—

(A) provides access to students (and parents, as appropriate) to information regarding career awareness and 

planning with respect to an individual’s occupational and 

academic future; and 

(B) provides information with respect to career options, 

financial aid, and postsecondary options, including baccalaureate degree programs. 

Report Language: Career guidance and academic counseling informs students and their parents about available education and 

training options and is an important component of programs supported under this Act. Career guidance and academic counseling 

should be provided to students as one part of a comprehensive 

guidance program, and should be available to individuals participating in, or considering participating in, career and technical education, provided by qualified school counselors, when available and 

the best option. 

(24) The House bill does not define the term ‘‘career pathways.’’

See note 215 for House bill equivalent. 


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Senate recedes 

(25) Identical provisions. 

Legislative Counsel: similar or identical provision 

(26) The House bill does not define the term ‘‘community college.’’

Senate recedes 

(27) The House bill includes the phrase ‘‘rigorous and challenging.’’

Senate recedes with amendment to read as follows: 

(12) COOPERATIVE EDUCATION.—The term ‘cooperative education’ means a method of education for individuals who, 

through written cooperative arrangements between a school and 

employers, receive instruction, including required rigorous and 

challenging academic courses and related career and technical 

education instruction, by alternation of study in school with a 

job in any occupational field, which alternation: 

(A) shall be planned and supervised by the school and 

employer so that each contributes to the education and employability of the individual; and 

(B) may include an arrangement in which work periods and school attendance may be on alternate half days, 

full days, weeks, or other periods of time in fulfilling the 

cooperative program. 

(28) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(29) The House bill does not define the term ‘‘core academic 

subjects’’ in the definition section. See note 240 for House bill 

equivalent. 

Senate recedes 

(30) Identical provisions. 

Legislative Counsel: similar or identical provision 

(31) Identical provisions. 

Legislative Counsel: similar or identical provision 

(32) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(33) The Senate bill requires eligible institutions to offer programs leading to a technical skill proficiency, an industry-recognized credential, a certificate, or a degree. 

House recedes with amendment to read as follows: 

(A) a public or nonprofit private institution of higher 

education that offers career and technical education courses 

that lead to technical skill proficiency, an industry-recognized credential, a certificate, or a degree; 

(34) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(35) The Senate includes charter school designations. 

House recedes with an amendment to read as follows: 

(A) a local educational agency (including a public 

charter school that operates as a local educational agency), 

and an area career and technical education school, an educational service agency, or a consortium, eligible to receive 

assistance under section 131; or 

(36) Identical provisions. 

House and Senate recede with amendment to strike ‘‘or an outlying 

area.’’

(37) The House bill does not define the term ‘‘graduation and 

career plan.’’

Senate recedes 

(38) Identical provisions. 

Legislative Counsel: similar or identical provision 

(39) Identical provisions 

Legislative Counsel: similar or identical provision 

(40) Identical provisions 

Legislative Counsel: similar or identical provision 

(41) Identical provisions. 

Legislative Counsel: similar or identical provision 

(42) The House bill does not define the term ‘‘local workforce 

investment boards.’’

Senate recedes 

(43) Similar provisions. The House bill includes the terms ‘‘current and.’’

Senate recedes with amendment to read as follows: 

(26) NON-TRADITIONAL FIELDS.—The term ‘non-traditional 

fields’ means occupations or fields of work, including careers in 

computer science, technology, and other current and emerging 

high skill occupations, for which individuals from one gender 

comprise less than 25 percent of the individuals employed in 

each such occupation or field of work. 

(44) The House bill includes the Republic of Palau. 

Senate recedes 

(45) Identical provisions. 

Legislative Counsel: similar or identical provision 

(46) Identical provisions. 

Legislative Counsel: similar or identical provision 

(47) The Senate bill does not define the term ‘‘scientifically 

based research.’’


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Senate recedes with amendment to read as follows: 

(22) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’ means research that is carried out using 

the standards defined as ‘‘scientifically based research standards’’ in the Education Science Reform Act of 2002 (P.L. 107–

279). 

Report Language: The Conferees expect the Department to 

support research that is scientifically based, in order to obtain 

valid and reliable knowledge regarding career and technical education programs. In addition, the Conferees acknowledge that scientifically based research provides for an array of research designs 

and methods appropriate and feasible to the research question 

posed. 

(48) Identical provisions. 

Legislative Counsel: similar or identical provision 

(49) Identical provisions. 

Legislative Counsel: similar or identical provision 

(50) The House bill does not define the term ‘‘self-sufficiency.’’

Senate recedes 

(51) The House bill includes ‘‘individuals with other barriers to 

educational achievement, as defined by the State.’’

House recedes 

(52) Identical provisions. 

Legislative Counsel: similar or identical provision 

(53) The Senate bill includes ‘‘instructional aids, and work supports.’’

Senate recedes 

(54) The Senate bill does not define the term ‘‘supportive services.’’

House recedes 

(55) The House bill does not define the term ‘‘tech prep program.’’

House recedes with amendment to read as follows: 

(33) TECH PREP PROGRAM.—The term ‘tech prep program’

means a tech prep program described in section 203(c). 

(56) Similar provisions. 

Legislative Counsel: similar or identical provision 

(57) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

Sec. 4. Transition provisions 

(58) Similar provisions. 


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House and Senate recede with amendment to read as follows: 

SEC. 4. TRANSITION PROVISIONS. 

The Secretary shall take such steps as the Secretary determines 

to be appropriate to provide for the orderly transition to the authority of this Act as amended by the Carl D. Perkins Career and Technical Education Improvement Act of 2006 from any authority under 

provisions of this Act, as this Act was in effect on the day before the 

date of enactment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006. The Secretary shall give each eligible agency the opportunity to submit a transition plan for the first 

fiscal year following enactment of the Carl D. Perkins Career and 

Technical Education Improvement Act of 2006. 

Sec. 5. Privacy 

(59) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 6. Limitation 

(60) The Senate bill strikes a reference to the previously repealed School-to-Work Opportunities Act of 1994. 

House recedes 

Sec. 7. Special rule 

(61) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 9. Authorization of appropriations 

(62) The House bill specifies an authorization level for FY06, 

the Senate bill uses ‘‘such sums.’’ Similar provisions. 

House recedes with amendment to read as follows: 

There is authorized to be appropriated to carry out this Act 

(other than sections 114, 117, and 118, and Title II) such sums as 

may be necessary for each of the fiscal years 2007 through 2012. 

Sec. 8. Prohibitions 

(63) The Senate bill does not include a similar provision. 

Senate recedes with amendment to insert ‘‘, 311(b) and 323’’ after ‘‘and in (a) and to read as follows for (e): 

(e) COHERENT AND RIGOROUS CONTENT.—For the purposes of 

this Act coherent and rigorous content shall be determined by the 

State consistent with section 1111(b)(1)(D) of the Elementary and 

Secondary Education Act of 1965. 

TITLE I—CAREER AND TECHNICAL EDUCATION 

ASSISTANCE TO THE STATES 

PART A—ALLOTMENT AND ALLOCATION 

Sec. 111. Reservation and state allotments 

(64) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(65) The House bill reduces the set-aside for Section 115 activities (assistance for ‘‘outlying areas’’ from .2 percent to .12 percent.) 

House and Senate recede with amendment to read as follows: 

(1) RESERVATIONS.—From the sum appropriated under section 8 for each fiscal year, the Secretary shall reserve—

(A) 0.13 percent to carry out section 115; 

(66) The House bill separates the Perkins incentive grant 

funds from the incentive grant funds authorized under Title I and 

Title II of WIA. The Senate bill retains the current structure of the 

incentive grant program, which authorizes the grants through 

WIA. 

House and Senate recede with amendment to delete incentive grant 

set aside. 

(67) Identical provisions. 

Legislative Counsel: similar or identical provision 

(68) The Senate bill eliminates the cap on small state minimums based on per student averages. 

House and Senate recede with amendment to read as follows note 

70. 

(69) The House bill includes new ‘‘hold harmless’’ provisions 

based on Tech prep funding that are consolidated into the Basic 

State Grants account. 

House and Senate recede with amendment to read as follows note 

70. 

(70) The House bill amends the hold harmless provision to the 

combined Basic State grant and Tech prep FY05 funding levels. 

The Senate bill bases the hold harmless provision for fiscal years 

2006 through 2008 on the Basic State grant FY05 funding level, at 

which point the hold harmless provision is reduced to 95 percent 

of the previous fiscal year’s Basic State grant appropriation. 

House and Senate recede with amendment to read as follows for 

notes 68–70: 

SEC. 111. RESERVATIONS AND STATE ALLOTMENT.—

(a) RESERVATIONS AND STATE ALLOTMENT.—

(1) RESERVATIONS.—From the sum appropriated under section 9 for each fiscal year, the Secretary shall reserve—

(A) 0.13 percent to carry out section 115; and 

(B) 1.50 percent to carry out section 116, of which—

(i) 1.25 percent of the sum shall be available to 

carry out section 116(b); and 

(ii) 0.25 percent of the sum shall be available to 

carry out section 116(h). 

(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs 

(3), (4), and (5), from the remainder of the sum appropriated 

under section 9 and not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for the fiscal year—


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(A) an amount that bears the same ratio to 50 percent 

of the sum being allotted as the product of the population 

aged 15 to 19 inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; 

(B) an amount that bears the same ratio to 20 percent 

of the sum being allotted as the product of the population 

aged 20 to 24, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; 

(C) an amount that bears the same ratio to 15 percent 

of the sum being allotted as the product of the population 

aged 25 to 65, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made 

and the State’s allotment ratio bears to the sum of the corresponding products for all the States; and 

(D) an amount that bears the same ratio to 15 percent 

of the sum being allotted as the amounts allotted to the 

State under subparagraphs (A), (B), and (C) for such years 

bears to the sum of the amounts allotted to all the States 

under subparagraphs (A), (B), and (C) for such year. 

(3) MINIMUM ALLOTMENT FOR YEARS WITH NO ADDITIONAL

FUNDS.—

(A) IN GENERAL.—Notwithstanding any other provision 

of law and subject to subparagraphs (B) and (C), and paragraph (5), for a fiscal year for which there are no additional funds (as such term is defined in paragraph (4)(D)), 

no State shall receive for such fiscal year under this subsection less than 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) for 

such fiscal year. Amounts necessary for increasing such 

payments to States to comply with the preceding sentence 

shall be obtained by ratably reducing the amounts to be 

paid to other States. 

(B) REQUIREMENT.—No State, by reason of the application of subparagraph (A), shall receive for a fiscal year 

more than 150 percent of the amount the State received 

under this subsection for the preceding fiscal year. 

(C) SPECIAL RULE.—

(i) IN GENERAL.—Subject to paragraph (5), no 

State, by reason of the application of subparagraph 

(A), shall be allotted for a fiscal year more than the 

lesser of—

(I) 150 percent of the amount that the State received in the preceding fiscal year; and 

(II) the amount calculated under clause (ii). 

(ii) AMOUNT.—The amount calculated under this 

clause shall be determined by multiplying—

(I) the number of individuals in the State 

counted under paragraph (2) in the preceding fiscal year; by 


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(II) 150 percent of the national average per 

pupil payment made with funds available under 

this section for that year. 

(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL

FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B) and 

paragraph (5), for a fiscal year for which there are additional funds, no State shall receive for such fiscal year 

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

amount appropriated under section 9 and not reserved 

under paragraph (1) for such fiscal year. Amounts necessary for increasing such payments to States to comply 

with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States. 

(B) SPECIAL RULE.—In the case of a qualifying State, 

the minimum allotment under subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—

(i) 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) 

for such fiscal year; and 

(ii) the sum of— (I) the amount the qualifying State received 

under this subsection for fiscal year 2006 (as such 

subsection was in effect on the day before the date 

of enactment of the Carl D. Perkins Career and 

Technical Education Improvement Act of 2006); 

and 

(II) the product of— (aa) 1⁄3 of the additional funds; multiplied 

by 

(bb) the qualifying State’s ratio described 

in subparagraph (C) for the fiscal year for 

which the determination is made. 

(C) RATIO.—For purposes of subparagraph 

(B)(ii)(II)(bb), the ratio for a qualifying State for a fiscal 

year shall be 1.00 less the quotient of—

(i) the amount the qualifying State received under 

this subsection for fiscal year 2006 (as such subsection 

was in effect on the day before the date of enactment 

of the Carl D. Perkins Career and Technical Education 

Improvement Act of 2006); divided by 

(ii) 1⁄2 of 1 percent of the amount appropriated 

under section 9 and not reserved under paragraph (1) 

for the fiscal year for which the determination is made. 

(D) DEFINITIONS.—In this paragraph: 

(i) ADDITIONAL FUNDS.—The term ‘‘additional 

funds’’ means the amount by which—

(I) the sum appropriated under section 9 and 

not reserved under paragraph (1) for a fiscal year; 

exceeds 

(II) the sum appropriated under section 8 and 

not reserved under [subparagraph (A) or (B) of 

paragraph (1)] for fiscal year 2006 (as such section 

8 and [such subparagraphs (A) and (B)] were in efVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00081 Fmt 6601 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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fect on the day before the date of enactment of the 

Carl D. Perkins Career and Technical Education 

Improvement Act of 2006). 

(ii) QUALIFYING STATE.—The term ‘‘qualifying 

State’’ means a State (except the United States Virgin 

Islands) that, for the fiscal year for which a determination under this paragraph is made, would receive, 

under the allotment formula under paragraph (2) 

(without the application of this paragraph and paragraphs (3) and (5)), an amount that would be less than 

the amount the State would receive under subparagraph (A) for such fiscal year. 

(5) HOLD HARMLESS.—

(A) IN GENERAL.—No State shall receive an allotment 

under this section for a fiscal year that is less than the allotment the State received under part A of title I of the Carl 

D. Perkins Vocational and Applied Technology Education 

Act (20 U.S.C. 2311 et seq.) (as such part was in effect on 

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

Vocational and Applied Technology Education Amendments of 1998) for fiscal year 1998. 

(B) RATABLE REDUCTION.—If for any fiscal year the 

amount appropriated for allotments under this section is 

insufficient to satisfy the provisions of subparagraph (A), 

the payments to all States under such subparagraph shall 

be ratably reduced. 

(b) REALLOTMENT.—If the Secretary determines that any 

amount of any State’s allotment under subsection (a) for any fiscal 

year will not be required for such fiscal year for carrying out the 

activities for which such amount has been allotted, the Secretary 

shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same 

year as the Secretary shall fix, and shall be made on the basis of 

criteria established by regulation. No funds may be reallotted for 

any use other than the use for which the funds were appropriated. 

Any amount reallotted to a State under this subsection for any fiscal 

year shall remain available for obligation during the succeeding fiscal year and shall be deemed to be part of the State’s allotment for 

the year in which the amount is obligated. 

(c) ALLOTMENT RATIO.—

(1) IN GENERAL.—The allotment ratio for any State shall be 

1.00 less the product of—

(A) 0.50; and 

(B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the 

States (exclusive of the Commonwealth of Puerto Rico and 

the United States Virgin Islands), except that—

(i) the allotment ratio in no case shall be more 

than 0.60 or less than 0.40; and 

(ii) the allotment ratio for the Commonwealth of 

Puerto Rico and the United States Virgin Islands shall 

be 0.60. 

(2) PROMULGATION.—The allotment ratios shall be promulgated by the Secretary for each fiscal year between October 1 


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and December 31 of the fiscal year preceding the fiscal year for 

which the determination is made. Allotment ratios shall be 

computed on the basis of the average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for 

which satisfactory data are available. 

(3) DEFINITION OF PER CAPITA INCOME.—For the purpose of 

this section, the term ‘‘per capita income’’ means, with respect 

to a fiscal year, the total personal income in the calendar year 

ending in such year, divided by the population of the area concerned in such year. 

(4) POPULATION DETERMINATION.—For the purposes of this 

section, population shall be determined by the Secretary on the 

basis of the latest estimates available to the Department of Education. 

(d) DEFINITION OF STATE.—For the purpose of this section, the 

term ‘‘State’’ means each of the several States of the United States, 

the District of Columbia, the Commonwealth of Puerto Rico, and the 

United States Virgin Islands. 

(71) Identical provisions. 

Legislative Counsel: similar or identical provision 

(72) Identical provisions. 

Legislative Counsel: similar or identical provision 

(73) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 112. Within State Allocation 

(74) The House bill provides for 88 percent of State funds to 

be distributed to local grantees. The Senate bill provides for 85 percent of State funds to be allocated to local grantees. 

House recedes with amendment to read as follows: 

(a) IN GENERAL.—From the amount allotted to each State under 

section 111 for a fiscal year, the eligible agency shall make available—

(1) not less than 85 percent for distribution under section 

131 or 132, of which not more than 10 percent of the 85 percent 

may be used in accordance with subsection (c); 

(75) The Senate bill combines State Leadership and State Administration funding accounts. 

House and Senate recede with amendment to read as follows note 

77. 

(76a) The Senate bill, but not the House bill, removes the cap 

on the use of funds for individuals in State institutions and for 

services for preparing individuals for non-traditional fields. 

Senate recedes 

(76b) The Senate bill, but not the House bill, includes language 

on supporting and developing State data systems. 


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House recedes 

(77) The House bill reduces the set aside for State Administration to 2 percent. The Senate bill has no similar provision (see 

above). 

House and Senate recede with amendment to read as follows for 

notes 75–77: 

SEC. 112. WITHIN STATE ALLOCATION. 

(a) IN GENERAL.—From the amount allotted to each State under 

section 111 for a fiscal year, the State board (hereinafter referred to 

as the ‘eligible agency’) shall make available— (1) not less than 85 percent for distribution under section 

131 or 132, of which not more than 10 percent of the 85 percent 

may be used in accordance with subsection (c); 

(2) not more than 10 percent to carry out State leadership 

activities described in section 124 of which— (A) an amount equal to not more than one percent of 

the amount allotted to the State under section 111 for the 

fiscal year shall be made available to serve individuals in 

State institutions, such as State correctional institutions 

and institutions that serve individuals with disabilities; 

and 

(B) not less than $60,000 and not more than $150,000 

shall be available for services that prepare individuals for 

non-traditional fields. 

(3) An amount equal to not more than five percent, or $250,000, whichever is greater, shall be made available for administration of the State plan, which may be used for the costs 

of— (A) developing the State plan; 

(B) reviewing the local plan; 

(C) monitoring and evaluating program effectiveness; 

(D) assuring compliance with all applicable Federal 

laws; 

(E) providing technical assistance; and 

(F) supporting and developing State data systems relevant to the provisions of this Act. 

(78) The House bill provides for States to use more funds from 

the local program account for State Leadership activities for any 

year in which the allocation of 10 percent for State Leadership activities is less than the FY05 level for State Leadership activities. 

States using funds for this purpose cannot exceed the percentage 

of funds set aside for State Leadership in FY05. The Senate bill 

contains no similar provision. 

House recedes 

(79) Similar provisions. 

Senate recedes 

(80) The Senate bill provides for eligible agencies to use reserved funds for innovative statewide initiatives that demonstrate 

benefits for eligible recipients and the development and implementation of career pathways or career clusters. The House bill preserves the requirement that grants made under this subsection 


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must serve at least two categories described in paragraph (1). The 

Senate bill does not include this provision. 

Senate recedes with amendment to read as follows: 

(c) RESERVE.—

(1) IN GENERAL.—From amounts made available under 

subsection (a)(1) to carry out this subsection, an eligible agency 

may award grants to eligible recipients for career and technical 

education activities described in section 135 in—

(A) rural areas; 

(B) areas with high percentages of career and technical 

education students; and 

(C) areas with high numbers of career and technical students. 

Sec. 113. Accountability 

(81) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

Legislative Counsel: similar or identical provision 

House recedes on ‘‘career.’’

(82) Similar provisions. 

House and Senate recede with amendment to read as follows: 

(b) STATE PERFORMANCE MEASURES.—

(1) IN GENERAL.—Each eligible agency, with input from eligible recipients, shall establish performance measures for a 

State that consist of—

(A) the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2); 

(B) any additional indicators of performance (if any) 

identified by the eligible agency under paragraph (2)(C); 

and 

(C) a State adjusted level of performance described in 

paragraph (3)(A) for each core indicator of performance, 

and State levels of performance described in paragraph 

(3)(B) for each additional indicator of performance. 

(83) The House bill requires eligible agencies to report on core 

indicators of performance that are ‘‘valid and reliable,’’ to the extent practicable. 

Senate recedes with amendment to read as follows: 

(A) CORE INDICATORS OF PERFORMANCE FOR SECONDARY CAREER AND TECHNICAL EDUCATION STUDENTS.—Each eligible agency 

shall identify in the State plan core indicators of performance for 

secondary education career and technical education students that 

are valid and reliable and that include, at a minimum, measures 

of each of the following: 

Report Language: The Conferees are concerned that many 

States currently use measures of the core indicators of performance 

that cannot generate valid and reliable data that reflect real improvement of their CTE programs. The Conferees intend, by imposing the explicit requirement that the States must use ‘‘valid and reVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00085 Fmt 6601 Sfmt 6601 E:\HR\OC\HR597.XXX HR597

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liable’’ measures of the core indicators of performance, for the 

States to establish measures that reflect high standards and that 

will show the extent of real improvement in their CTE programs. 

The Conferees expect the Department to provide expertise and 

technical assistance to the States to ensure the validity and reliability of the measures prior to reaching agreement with States on 

levels for particular measures. 

(84) The Senate bill requires eligible agencies to report on student achievement on technical skill assessments. The House bill requires student attainment of vocational and technical skill proficiencies. The Senate bill requires the use of assessments described under ESEA. 

House and Senate recede with amendment to read as follows: 

(i) Student attainment of challenging academic content standards and student academic achievement 

standards, as adopted by a State in accordance with 

section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and measured by the State determined proficient level on the academic assessments 

described in section 1111 (b)(3) of such Act. 

Report Language: The Conferees intend that the amendments 

to the core indicators requirements will ensure that the States use 

measures that are valid and reliable and apply these measures to 

all categories of students served by CTE programs. The Conferees 

further intend that a State use the same measures to report the 

academic achievement and the rate of high school graduation of its 

secondary CTE students, as the State uses under Title I of the Elementary and Secondary Education Act of 1965 (ESEA)—rather 

than indirect measures or approximations of these measures. Thus, 

for example, a State must report the number or percentage of CTE 

students scoring at the proficient level or above on its academic assessments used under the ESEA to ensure that its CTE students 

are held to the same academic achievement standards as are all 

students. 

(85) Similar provisions. The Senate bill requires eligible agencies to report on ‘‘rates of attainment’’ for a technical skill proficiency, industry-recognized credential, certificate, and degree. The 

House bill requires graduation rates to be determined based on requirements in ESEA. 

House and Senate recede with amendment to read as follows: 

(ii) Student attainment of career and technical 

skill proficiencies, including student achievement on 

technical assessments, that are aligned with industryrecognized standards, if available and appropriate. 

(iii) Student rates of attainment of—

(I) a secondary school diploma; 

(II) a General Education Development (GED) 

credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities); and 

(III) a proficiency credential, certificate, or degree, in conjunction with a secondary school diVerDate Aug 31 2005 07:18 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00086 Fmt 6601 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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ploma if such credential, certificate, or degree is offered by the State in conjunction with a secondary 

school diploma. 

(iv) Student graduation rates (as described in 

section 1111 (b)(2)(C)(vi) of the Elementary and 

Secondary Education Act of 1965). 

(v) Student placement in postsecondary education or advanced training, in military service, or 

in employment. 

(vi) Student participation in and completion of 

career and technical education programs that lead 

to non-traditional fields. 

(86) The House bill requires eligible agencies to report on core 

indicators of performance that are ‘‘valid and reliable,’’ to the extent practicable. 

House and Senate recede with amendment to read as follows: 

Each eligible agency shall identify in the State plan core indicators of performance for postsecondary career and technical education students that are valid and reliable, and that include, at a 

minimum, measures of each of the following: 

(87) The Senate bill requires eligible agencies to report on student attainment on technical skill assessments. 

House and Senate recede with amendment to read as follows: 

(i) Student attainment of challenging career and 

technical skill proficiencies, including student achievement on technical assessments, that are aligned with 

industry-recognized standards, if available and appropriate. 

(88) The Senate bill requires eligible agencies to report on student attainment of an industry-recognized credential, a certificate, 

or a degree and includes placement in apprenticeship programs. 

House recedes with amendment to read as follows: 

(ii) Student attainment of an industry-recognized 

credential, a certificate, or a degree. 

(iii) Student retention in postsecondary education 

or transfer to a baccalaureate degree program. 

(iv) Student placement in military service or apprenticeship programs or placement or retention in employment, including placement in high skill, high 

wage, or high demand occupations or professions. 

(89) The Senate bill requires eligible agencies to report on student participation in, and completion of, career and technical education programs that lead to employment or self-employment in 

high skill, high wage, high demand occupations or professions. The 

Senate bill requires eligible agencies to report on increase in earnings, where available. 

House and Senate recede with amendment to read as follows: 

(v) Student participation in, and completion of, career and technical education programs that lead to employment in non-traditional fields. 


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(90a) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(90b) The Senate bill includes the ‘‘attainment of self-sufficiency.’’

House recedes 

Report Language: The Conferees intend that the term ‘self-sufficiency’ means a standard of economic independence that considers 

a variety of demographic and geographic factors, as adopted, calculated, or commissioned by a local area or State. 

(91) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes on ‘‘career;’’ Senate recedes with amendment to read 

as follows: 

(D) EXISTING INDICATORS.—If a State has developed, 

prior to the enactment of the Carl D. Perkins Career and 

Technical Education Improvement Act of 2006, State career 

and technical education performance measures that meet 

the requirements of this section (as amended by such Act) 

the State may use such performance measures to measure 

the progress of career and technical education students. 

(92) Similar provisions. 

Senate recedes 

(93) The House bill does not include a similar provision. 

House recedes with amendment to read as follows: 

(F) ALIGNMENT OF PERFORMANCE INDICATORS.—In the 

course of developing core indicators of performance and additional indicators of performance, States shall, to the 

greatest extent possible, align the indicators so that substantially similar information gathered for other State and 

Federal programs, or for any other purpose, is used to meet 

the requirements of this section. 

(94) Similar provisions. The Senate bill requires the eligible 

agency to take into account local adjusted levels of performance. 

Senate recedes 

(95) The House bill uses the term ‘‘substantial.’’ The Senate 

bill uses the term ‘‘significant.’’

Senate recedes with amendment to read as follows: 

(II) require the State to continually make progress toward improving the performance of career and technical education students. 

(96) The Senate bill uses the term ‘‘career.’’

House recedes 

(97) Identical provisions. 

House and Senate recede with amendment to insert ‘‘subject to section 4,’’ before ‘‘each’’. 

(98) Identical provisions. 


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Legislative Counsel: similar or identical provision 

(99) Identical provisions. 

Legislative Counsel: similar or identical provision 

Report Language: The conferees expect that, prior to reaching 

agreement with a State on its adjusted levels of performance, the 

State will demonstrate that its measures for the core indicators of 

performance are valid and reliable and will agree on levels that require continuous improvement. The conferees further expect that 

the agreed-upon State adjusted performance levels will reflect high 

standards and real improvement, including an increase in the rate 

of the improvement, in the State’s CTE programs. 

(100) Similar provisions. 

House recedes 

(101) The House bill uses the term ‘‘substantial,’’ the Senate 

bill uses the term ‘‘significant.’’

Senate recedes with amendment to read as follows: 

(II) the extent to which such levels of performance promote continuous improvement on the indicators of performance by such State. 

Report Language: The Conferees expect, in carrying out this 

section, that the U.S. Department of Education not impose a minimum or arbitrary across-the-board increase in any state performance targets as the means for ensuring continuous improvement. 

Instead, when the U.S. Department of Education is negotiating 

state adjusted levels of performance with eligible agencies, it 

should consider and benchmark an individual state’s performance 

against that state’s prior performance, as well as take into consideration state improvement plans and changes in baseline data, 

measurement methods and number of students. The Conferees expect that eligible agencies provide the same considerations to eligible recipients when negotiating local adjusted levels of performance. 

(102) Similar provisions. The House bill refers to the factors in 

clause (vi), the Senate bill refers to the factors in clause (vi)(II). 

House and Senate recede with amendment to read as follows: 

(vii) REVISIONS.—If unanticipated circumstances 

arise in a State resulting in a significant change in the 

factors described in clause (vi), the eligible agency may 

request that the State adjusted levels of performance 

agreed to under clause (iii) or (v) be revised. The Secretary shall issue objective criteria and methods for 

making such revisions. 

(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—Each eligible agency shall identify in the 

State plan, State levels of performance for each of the 

additional indicators of performance described in paragraph 2(C). Such levels shall be considered to be the 

State levels of performance for purposes of this title. 

(103) Similar provisions. The Senate bill allows eligible recipients to accept the State adjusted levels of performance, or negotiate 


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with the State to reach agreement on local adjusted levels of performance. The Senate bill uses the term ‘‘career.’’

House recedes with amendment to read as follows: 

(3) STATE LEVELS OF PERFORMANCE.—

(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR CORE INDICATORS OF PERFORMANCE.—

(i) IN GENERAL.—Each eligible agency, with input 

from eligible recipients, shall establish in the State 

plan submitted under section 122, levels of performance for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) 

for career and technical education activities authorized 

under this title. The levels of performance established 

under this subparagraph shall, at a minimum—

(I) be expressed in a percentage or numerical form, 

so as to be objective, quantifiable, and measurable; and 

(104) The House bill uses the term ‘‘substantial.’’ The Senate 

bill uses the term ‘‘significant.’’

Senate recedes with amendment to read as follows: 

(II) require the eligible recipient to continually 

make progress toward improving the performance 

of career and technical education students. 

(105) The House bill requires improvement in academic and vocational and technical achievement. The Senate bill requires improvement in career and technical achievement. 

Senate recedes with amendment to strike ‘‘vocational’’ and insert 

‘‘career.’’

(106) Identical provisions. 

Legislative Counsel: similar or identical provision 

(107) Similar provisions. 

Legislative Counsel: similar or identical provision 

(108) Similar provisions. 

House recedes 

(109) Similar provisions. 

Legislative Counsel: similar or identical provision 

(110) The House bill uses the term ‘‘substantial.’’ The Senate 

bill uses the term ‘‘significant.’’

Senate recedes with amendment to read as follows: 

(II) the extent to which the local adjusted levels of performance promote continuous improvement on the core indicators of performance by the 

eligible recipient. 

(111) Similar provisions. The House bill refers to the factors in 

clause (v), the Senate bill refers to the factor in clause (v)(II). 


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Senate recedes 

(112) Similar provisions. 

Legislative Counsel: similar or identical provision 

(113) The House bill requires eligible recipients that receive an 

allotment under section 111 to report performance on the core indicators of performance, and to disaggregate data for each of the indicators according to categories described under ESEA for both secondary and postsecondary students. The House bill also requires eligible recipients to report on the performance of tech prep participants, if applicable. The Senate bill requires eligible recipients at 

the secondary level that receive an allocation under section 131 to 

prepare an annual report. 

House and Senate recede with amendment to read as follows note 

117. 

(114) The House bill prohibits reporting in instances where the 

numbers of students is too small to yield statistically reliable information or in which the results would reveal personally identifiable 

information about an individual student. 

House and Senate recede with amendment to read as follows note 

117. 

(115) The House bill requires eligible recipients to make data 

available publicly, through a variety of formats, including the 

Internet. 

House and Senate recede with amendment to read as follows note 

117. 

(116) The Senate bill requires data to be disaggregated, for 

postsecondary institutions, by special populations and gender, and 

for secondary institutions, by the categories described in ESEA section 1111. The House bill requires both secondary and postsecondary institutions to report data disaggregated by the categories 

described in ESEA Section 1111. Both bills prohibit reporting in instances where the numbers of students is too small to yield statistically reliable information or in which the results would reveal 

personally identifiable information about an individual student. 

House and Senate recede with amendment to read as follows note 

117. 

(117) The House bill, but not the Senate bill, requires eligible 

agencies to report gaps in performance between any such category 

and the aggregate score of all students served by the eligible agency. 

House and Senate recede with amendment to read as follows for 

notes 113–117: 

(C) LOCAL REPORT.—

(i) CONTENT OF REPORT.—Each eligible recipient 

that receives an allocation described in section 112 

shall annually prepare and submit to the eligible agency a report, which shall include the data described in 

clause (ii)(I), regarding the progress of such recipient 


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in achieving the local adjusted levels of performance on 

the core indicators of performance. 

(ii) DATA.—Except as provided in clauses (iii) and 

(iv) each eligible recipient that receives an allocation 

described in section 112 shall—

(I) disaggregate data for each of the indicators 

of performance under paragraph (2) for the categories of students described in section 

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

Education Act of 1965 and section 3(29) that are 

served under this Act; and 

(II) identify and quantify any disparities or 

gaps in performance between any such category of 

students and the performance of all students 

served by the eligible recipient under the Act. 

(iii) NONDUPLICATION.—The eligible agency shall 

ensure that each eligible recipient does not report duplicative information under this section in a manner 

that is consistent with the actions of the Secretary 

under subsection (c)(3). 

(iv) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under clause (ii) shall not be required when the number of students in a category is insufficient to yield statistically reliable information or 

when the results would reveal personally identifiable 

information about an individual student. 

(v) AVAILABILITY.—The report described in clause 

(i) shall be made available to the public through a variety of formats, including electronically through the 

Internet. 

(c) REPORT.—

(1) IN GENERAL.—Each eligible agency that receives an allotment under section 111 shall annually prepare and submit 

to the Secretary a report regarding—

(A) the progress of the State in achieving the State adjusted levels of performance on the core indicators of performance; and 

(B) information on the levels of performance achieved 

by the State with respect to the additional indicators of performance, including the levels of performance for special 

populations. 

(2) DATA.—Except as provided in paragraphs (3) and (4) 

each eligible agency under sections 111 or 201 shall—

(A) disaggregate data for each of the indicators of performance under subsection (b)(2) for the categories of students described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 and section 

3(29) that are served under this Act; and 

(B) identify and quantify any disparities or gaps in 

performance between any such category of students and the 

performance of all students served by the eligible agency 

under the Act which shall include a quantifiable description of the progress each such category of students served 


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by the eligible agency under the Act has made in meeting 

the State adjusted levels of performance. 

(3) NONDUPLICATION.—The Secretary shall ensure that 

each eligible agency does not report duplicative information 

under this section. 

(4) RULES FOR REPORTING OF DATA.—The disaggregation of 

data under paragraph (2) shall not be required when the number of students in a category is insufficient to yield statistically 

reliable information or when the results would reveal personally 

identifiable information about an individual student. 

(118) The House bill requires data to be disaggregated by the 

populations described in section 3(25) and the populations described in section 1111(h)(1)(C)(i) of ESEA. The Senate bill changes 

the term ‘‘vocational’’ to ‘‘career.’’

House and Senate recede with amendment to read as follows note 

117. 

(119) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 114. National activities 

(120) The Senate bill changes ‘‘vocational’’ to ‘‘career.’’

House recedes 

(121) The Senate bill requires an analysis of performance data 

that is disaggregated for postsecondary institutions, by special populations, and for secondary institutions, by special populations and 

the categories described in ESEA Section 1111. The Senate bill prohibits reporting in instances where the numbers of students is too 

small to yield statistically reliable information or in which the results would reveal personally identifiable information about an individual student. 

Senate recedes 

(122) The House bill limits international comparisons to aggregate comparisons. 

Senate recedes 

(123) Identical provisions. 

Legislative Counsel: similar or identical provision 

(124) Identical provisions. 

Legislative Counsel: similar or identical provision 

(125) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(126) Similar provisions. The members of the advisory panel 

differ between the House and Senate bills. 

House and Senate recede with amendment to read as follows: 

(2) INDEPENDENT ADVISORY PANEL.—


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(A) IN GENERAL.—The Secretary shall appoint an independent advisory panel to advise the Secretary on the implementation of the assessment described in paragraph (3), 

including the issues to be addressed and the methodology 

of the studies involved to ensure that the assessment adheres to the highest standards of quality. 

(B) MEMBERS.—The advisory panel shall consist of— (i) educators, administrators, State directors of career and technical education, and chief executives, including those with expertise in the integration of academic and career and technical education; 

(ii) experts in evaluation, research, and assessment; 

(iii) representatives of labor organizations and 

businesses, including small businesses, economic development entities, and workforce investment entities; 

(iv) parents; 

(v) career guidance and academic counseling professionals; and 

(vi) other individuals and intermediaries with relevant expertise. 

(127) The House bill requires the report to be transmitted to 

the Secretary and to Congress. The Senate bill requires the report 

to be transmitted to the Secretary and the relevant committees of 

Congress. 

Senate recedes with amendment to read as follows: 

The advisory panel shall transmit to the Secretary, the relevant 

committees of Congress, and the Library of Congress an independent analysis of the findings and recommendations resulting 

from the assessment described in paragraph (2). 

(128) The House bill requires the assessment to evaluate the 

implementation of career and technical education programs established under this Act. The Senate bill requires the assessment to 

evaluate career and technical education programs under this Act. 

House and Senate recede with amendment to read as follows note 

133. 

(129) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(130) The House bill deletes clauses (i), (ii), (iv) and (vii) of current law. The Senate bill retains these sections. 

House and Senate recede with amendment to read as follows note 

133. 

(131) The Senate bill includes faculty preparation. 

House and Senate recede with amendment to read as follows note 

133. 

(132) Similar provisions (clauses (ii) in the House bill and (v) 

in the Senate bill). The House bill includes the term ‘‘rigorous.’’ The 

House bill includes careers in which math and science skills are 

critical. The Senate bill includes special populations in the evaluaVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00094 Fmt 6601 Sfmt 6601 E:\HR\OC\HR597.XXX HR597

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tion of student preparation. The Senate bill includes the number of 

students receiving a high school diploma (IV). 

House and Senate recede with amendment to read as follows note 

133. 

(133) The Senate bill includes local adjusted levels of performance and local levels of performance. 

House and Senate recede with amendment to read as follows for 

notes 128–133: 

(3) EVALUATION AND ASSESSMENT.— (A) IN GENERAL.—From amounts made available under 

subsection (e), the Secretary shall provide for the conduct of 

an independent evaluation and assessment of career and 

technical education programs under this Act, including the 

implementation of the Carl D. Perkins Career and Technical Education Improvement Act of 2006, to the extent 

practicable, through studies and analyses conducted independently through grants, contracts, and cooperative agreements that are awarded on a competitive basis. 

(B) CONTENTS.—The assessment required under paragraph (1) shall include, but not be limited to, descriptions 

and evaluations of— (i) the extent to which State, local, and tribal entities have developed, implemented, or improved State 

and local career and technical education programs assisted under this Act; (ii) the preparation and qualifications of teachers and faculty of career and technical 

education (such as meeting State established teacher 

certification or licensing requirements), as well as 

shortages of such teachers and faculty; 

(ii) academic and career and technical education 

achievement and employment outcomes of career and 

technical education, including analyses of—

(I) the extent and success of integration of rigorous and challenging academic and career and 

technical education, including a review of the effect 

of such integration on the academic and technical 

proficiency achievement of students (including the 

number of students receiving a high school diploma) for students participating in career and 

technical education programs; and 

(II) the extent to which career and technical 

education programs prepare students, including 

special populations, for subsequent employment in 

high skill, high wage occupations (including those 

in which math and science skills are critical), for 

participation in postsecondary education; 

(ii) employer involvement in, and satisfaction with 

career and technical education programs and career 

and technical education students’ preparation for employment; 

(iv) participation of students in career and technical education programs; 


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(v) the use of educational technology and distance 

learning with respect to career and technical education 

and tech prep programs; and 

(vi) the effect of State and local adjusted levels of 

performance and State and local levels of performance 

on the delivery of career and technical education services, including the percentage of career and technical 

education and tech prep students meeting the adjusted 

levels of performance described in section 113. 

(134) The Senate bill requires the report to be submitted to the 

relevant committees of Congress. 

House recedes with amendment to read as follows: 

(I) an interim report regarding the assessment 

on or before January 1, 2010; and 

(II) a final report, summarizing all studies 

and analyses that relate to the assessment and 

that are completed after the interim report, on or 

before July 1, 2011. 

(135) The Senate bill would require the Secretary to award 

grants and contracts to one institution of higher education offering 

comprehensive graduate programs in career and technical education. 

House and Senate recede with amendment to read as follows: 

(5) RESEARCH.—

(A) IN GENERAL.—From amounts made available under 

subsection (e), the Secretary, after consulting with the 

States, shall award a grant, contract, or cooperative agreement on a competitive basis to an institution of higher education, a public or private nonprofit organization or agency, 

or a consortium of such institutions, organizations, or agencies to establish a national research center—

(136) The House bill requires the national center to carry out 

‘‘scientifically based research.’’ The Senate bill requires ‘‘research 

and evaluation.’’

House and Senate recede with amendment to read as follows: 

(i) to carry out scientifically based research and 

evaluation for the purpose of developing, improving, 

and identifying the most successful methods for addressing the education, employment, and training 

needs of participants, including special populations, in 

career and technical education programs, including research and evaluation in such activities as—

(137) The Senate bill includes the requirements that research 

include the education, employment, and training needs of special 

populations. 

House recedes 

(138) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(139) The Senate bill, but not the House bill, requires the Center to carry out research, including scientifically based research, for 

the purpose of developing, improving, and identifying the most successful methods for successfully addressing the needs of employers 

in high skill, high wage business and industry. 

House and Senate recede with amendment to read as follows: 

(I) the integration of—

(aa) career and technical instruction; and 

(bb) academic, secondary and postsecondary instruction; 

(II) education technology and distance learning approaches and strategies that are effective 

with respect to career and technical education; 

(III) State adjusted levels of performance and 

State levels of performance that serve to improve 

career and technical education programs and student achievement; 

(IV) academic knowledge and career and technical skills required for employment or participation in postsecondary education; and 

(V) preparation for occupations in high skill, 

high wage, or high demand business and industry, 

including examination of—

(aa) collaboration between career and 

technical education programs and business 

and industry; and 

(bb) academic and technical skills required for a regional or sectoral workforce, including small business; 

(140) The House bill includes the term ‘‘scientifically based research’’ and ‘‘rigorous.’’

House and Senate recede with amendment to read as follows: 

(ii) to carry out scientifically based research and 

evaluation to increase the effectiveness and improve the 

implementation of career and technical education programs that are integrated with coherent and rigorous 

content aligned with challenging academic standards, 

including conducting research and development, and 

studies, that provide longitudinal information or formative evaluation with respect to career and technical 

education programs and student achievement; 

(141) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(142) The Senate bill requires research that improves the integration of programs with academic content standards and achievement standards adopted by States under ESEA. 


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House recedes with amendment to read as follows note 144. 

(143) The Senate bill requires that research promoting technical education be aligned with industry-based standards and certifications to meet regional industry needs. 

House recedes with amendment to read as follows note 144. 

(144) The Senate bill requires that research to improve preparation and professional development include the recruitment and 

retention of career and technical education teachers, faculty, counselors, principals, and administrators, including individuals in 

groups underrepresented in the teaching professions. 

House and Senate recede with amendment to read as follows for 

notes 142–144: 

(iii) to carry out scientifically based research that 

can be used to improve preparation and professional 

development of teachers, faculty, and administrators 

and student learning in the career and technical education classroom, including— (I) effective in-service and pre-service teacher 

and faculty education that assists career and technical education programs in— (aa) integrating those programs with academic content standards and student academic achievement standards, as adopted by 

States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; 

and 

(bb) coordinating technical education with 

industry-recognized certification requirements; 

(II) dissemination and training activities related to the applied research and demonstration 

activities described in this subsection, which may 

also include serving as a repository for information 

on career and technical skills, State academic 

standards, and related materials; and 

(III) the recruitment and retention of career 

and technical education teachers, faculty, counselors, and administrators, including individuals 

in groups underrepresented in the teaching profession; and 

(145) Identical provisions. 

Legislative Counsel: similar or identical provision 

(146) The Senate bill refers to the ‘‘relevant Committees of 

Congress.’’

House recedes with amendment to read as follows: 

(B) REPORT.—The center conducting the activities described in subparagraph (A) shall annually prepare a report of key research findings of such center and shall submit copies of the report to the Secretary, relevant committees of Congress, the Library of Congress, and each eligible 

agency. 


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(147) The House bill refers to one or more centers. The Senate 

bill refers to one center. 

House and Senate recede with amendment to read as follows: 

(B) REPORT.—The center conducting the activities described in subparagraph (A) shall annually prepare a report of key research findings of such center and shall submit copies of the report to the Secretary, relevant committees of Congress, the Library of Congress, and each eligible 

agency. 

(148) The Senate bill, but not the House, would establish an 

independent governing board to ensure that research and dissemination activities carried out by the center are coordinated with the 

research activities carried out by the Secretary. 

Senate recedes 

(149) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(150) The Senate bill retains the demonstration partnership. 

Senate recedes 

(151) Identical provisions. 

Legislative Counsel: similar or identical provision 

(152) Similar provisions. 

Senate recedes with amendment to read as follows: 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section, such sums as may be 

necessary for each of fiscal years 2007 through 2012. 

(153) The House bill separates the Perkins incentive grant 

funds from the incentive grant funds authorized under Title I and 

Title II of WIA. The House bill awards incentive grants without 

consideration of performance on WIA programs. The Senate bill retains the current structure of the incentive grants. 

House and Senate recede. 

Incentive grants removed as a part of the formula resolution. See 

notes 68–70. 

Sec. 115. Assistance for outlying areas 

(154) The House bill, but not the Senate, would increase grant 

amounts for the outlying areas. The Senate bill retains PREL as 

the initial recipient of the ‘‘remainder’’ to subsequently make 

grants. The House bill no longer includes PREL. 

House and Senate recede with amendment to read as follows note 

160. 

(155) The Senate bill, but not the House, includes the Republic 

of Palau in the ‘‘Remainder’’ provision of the bill. However, the 

Senate bill no longer includes the Republic of Palau in its definition 

of outlying areas. (See note 44.) 


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House and Senate recede with amendment to read as follows note 

160. 

(156) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(157) The Senate bill uses the term ‘‘preparation,’’ while the 

House bill uses the phrase ‘‘training and retraining.’’

House and Senate recede with amendment to read as follows note 

160. 

(158) The Senate bill, but not the House, includes ‘‘professional 

development for teachers, faculty, principals, and administrators;’’

House and Senate recede with amendment to read as follows note 

160. 

(159) The House bill, but not the Senate, strikes this provision 

from current law. 

House and Senate recede with amendment to read as follows note 

160. 

(160) Similar provisions. 

House and Senate recede with amendment to read as follows for 

notes 154–160: 

SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 

(a) OUTLYING AREAS.—From funds reserved pursuant to section 

111(a)(1)(A), the Secretary shall—

(1) make a grant in the amount of $660,000 to Guam; 

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

American Samoa and the Commonwealth of the Northern Mariana Islands; and 

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

of Palau, subject to subsection (d). 

(b) REMAINDER.—

(1) FIRST YEAR.—Subject to the provisions of subsection (a), 

for the first year following the date of enactment of the Carl D. 

Perkins Career and Technical Education Improvement Act of 

2006, the Secretary shall make a grant of the remainder of 

funds reserved pursuant to section 111(a)(1)(A) to the Pacific 

Region Educational Laboratory in Honolulu, Hawaii, to make 

grants for career and technical education and training in 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, for the purpose of providing direct career 

and technical educational services, including—

(A) teacher and counselor training and retraining; 

(B) curriculum development; and 

(C) the improvement of career and technical education 

and training programs in secondary schools and institutions of higher education, or improving cooperative education programs involving secondary schools and institutions of higher education. 

(2) SUBSEQUENT YEARS.—Subject to subsection (a), for the 

second fiscal year following the date of enactment of the Carl 


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D. Perkins Career and Technical Education Improvement Act of 

2006, and each subsequent year, the Secretary shall make a 

grant of the remainder of funds reserved pursuant to section 

111(a)(1)(A) and subject to subsection (a), in equal proportion, 

to each of Guam, American Samoa, and the Commonwealth of 

the Northern Mariana Islands, to be used to provide direct career and technical educational services as described in subparagraphs (A) through (C) of paragraph (1). 

(c) LIMITATION.—The Pacific Region Educational Laboratory 

may use not more than 5 percent of the funds received under subsection (b)(1) for administrative costs. 

(d) RESTRICTION.—The Republic of Palau shall cease to be eligible to receive funding under this section upon entering into an 

agreement for extension of United States educational assistance 

under the Compact of Free Association, unless otherwise provided in 

such agreement. 

Sec. 116. Native American programs 

(161) Identical provisions. 

Legislative Counsel: similar or identical provision 

(162) Identical provisions. 

Legislative Counsel: similar or identical provision 

(163) Identical provisions. 

Legislative Counsel: similar or identical provision 

(164) Identical provisions. 

Legislative Counsel: similar or identical provision 

(165) Identical provisions. 

Legislative Counsel: similar or identical provision 

(166) Identical provisions. 

Legislative Counsel: similar or identical provision 

(167) Identical provisions. 

Legislative Counsel: similar or identical provision 

(168) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(169) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(170) Identical provisions. 

Legislative Counsel: similar or identical provision 

(171) Identical provisions. 

Legislative Counsel: similar or identical provision 

(172) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(173) The Senate bill, but not the House, inserts a comma after 

the word ‘‘section.’’

Legislative Counsel: similar or identical provision 

(174) The Senate bill, but not the House, changes the word 

‘‘paragraph’’ to ‘‘section.’’

Legislative Counsel: similar or identical provision 

(175) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(176) Identical provisions. 

Legislative Counsel: similar or identical provision 

(177) Identical provisions. 

Legislative Counsel: similar or identical provision 

(178) Similar provisions. The Senate bill does not require recognition by the Governor of the State of Hawaii. 

House recedes with amendment to read as follows: 

(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved 

pursuant to section 111(a)(1)(B)(ii), the Secretary shall award 

grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, 

conduct, and administer programs, or portions thereof, which are 

authorized by and consistent with the provisions of this section for 

the benefit of Native Hawaiians. 

Sec. 117. Tribally controlled postsecondary career and technical institutions 

(179) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(180) The House bill, but not the Senate, provides that funds 

may be used for ‘‘institutional support costs of the grant, including 

the expenses described in subsection (e).’’

Senate recedes 

The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(181) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(182) Similar provisions. 

Senate recedes 

(183) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(184) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(185) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(186) The Senate bill requires the needs assessment to be conducted annually. The House bill deletes the requirement that the 

Secretary conduct a needs assessment. 

Senate recedes 

(187) The Senate bill, but not the House bill, maintains the requirement that the Secretary conduct a detailed study of the training, housing, and immediate facilities needs of each institution eligible under this section. 

Senate recedes 

(188) The Senate bill, but not the House bill, maintains the requirement that the Secretary provide for the conduct of a long-term 

study of the facilities of each institution eligible for assistance 

under this section. 

Senate recedes 

(189) The Senate bill, but not the House bill, requires the Secretary to provide a tribally controlled postsecondary career and 

technical institution with a hearing on the record with respect to 

determinations of grant eligibility or regarding the calculation of 

the amount of a grant awarded under this section. 

House recedes with amendment to read as follows: 

(g) COMPLAINT RESOLUTION PROCEDURE.—The Secretary shall 

establish (after consultation with tribally controlled postsecondary 

career and technical institutions) a complaint resolution procedure 

for grant determination and calculations under this section for tribally controlled postsecondary career and technical institutions. 

(190) Identical provisions. 

Legislative Counsel: similar or identical provision 

(191) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes on ‘‘career.’’

Senate recedes with amendment to read as follows: 

(2) INDIAN STUDENT COUNT.—

(A) IN GENERAL.—The term ‘‘Indian student count’’

means a number equal to the total number of Indian students enrolled in each tribally controlled postsecondary career and technical institution, as determined in accordance 

with subparagraph (B). 

(B) DETERMINATION.—

(i) ENROLLMENT.—For each academic year, the Indian student count shall be determined on the basis of 

the enrollments of Indian students as in effect at the 

conclusion of—

(I) in the case of the fall term, the third week 

of the fall term; and 


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(II) in the case of the spring term, the third 

week of the spring term. 

(ii) CALCULATION.—For each academic year, the 

Indian student count for a tribally controlled postsecondary career and technical institution shall be the 

quotient obtained by dividing—

(I) the sum of the credit hours of all Indian 

students enrolled in the tribally controlled postsecondary career and technical institution (as determined under clause (i)); by 

(II) 12. 

(iii) SUMMER TERM.—Any credit earned in a class 

offered during a summer term shall be counted in the 

determination of the Indian student count for the succeeding fall term. 

(iv) STUDENTS WITHOUT SECONDARY SCHOOL DEGREES.—

(I) IN GENERAL.—A credit earned at a tribally 

controlled postsecondary career and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized 

equivalent of such a degree) shall be counted toward the determination of the Indian student 

count if the institution at which the student is enrolled has established criteria for the admission of 

the student on the basis of the ability of the student to benefit from the education or training of 

the institution. 

(II) PRESUMPTION.—The institution shall be 

presumed to have established the criteria described 

in subclause (I) if the admission procedures for the 

institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. 

(III) CREDITS TOWARD SECONDARY SCHOOL DEGREE.—No credit earned by an Indian student for 

the purpose of obtaining a secondary school degree 

(or the recognized equivalent of such a degree) 

shall be counted toward the determination of the 

Indian student count under this clause. 

(v) CONTINUING EDUCATION PROGRAMS.—Any credit earned by an Indian student in a continuing education program of a tribally controlled postsecondary 

career and technical institution shall be included in 

the determination of the sum of all credit hours of the 

student if the credit is converted to a credit hour basis 

in accordance with the system of the institution for providing credit for participation in the program. 

(192) The Senate bill, but not the House bill, specifies an authorization level for FY06 for the purposed of this section. 


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Senate recedes with amendment to read as follows: 

AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2007 through 2012. 

Sec. 118. Occupational and employment information 

(193) Similar provisions. 

Legislative Counsel: similar or identical provision 

(194) The Senate bill includes specific contents for the application. 

House recedes with amendment to read as follows: 

(b) STATE APPLICATION.—

(1) IN GENERAL.—A jointly designated State entity specified 

in subsection (c) that desires to receive a grant shall submit an 

application to the Secretary at the same time the State submits 

its State plan under section 122, in such manner, and accompanied by such additional information, as the Secretary may 

reasonably require. 

(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of how the jointly designated State entity designated in subsection (c) will provide information based on trends provided pursuant to section 15 of 

the Wagner-Peyser Act to inform program development. 

(195) The Senate bill includes academic achievement standards 

adopted by the State under ESEA. 

House recedes with amendment to read as follows: (see note 194) 

(196) The Senate bill, but not the House bill, includes a focus 

on high skill, high wage, or high demand occupations in emerging 

or established professions. 

Senate recedes with amendment to read as follows: 

(c) STATE LEVEL ACTIVITIES.—In order for a State to receive a 

grant under this section, the eligible agency and the Governor of the 

State shall jointly designate an entity in the State—

(1) to provide support for career guidance and academic 

counseling programs designed to promote improved career and 

education decision making by students (and parents, as appropriate) regarding education (including postsecondary education) 

and training options and preparations for high skill, high 

wage, or high demand occupations and non-traditional fields; 

(2) to make available to students, parents, teachers, administrators, faculty, and career guidance and academic counselors, and to improve accessibility with respect to, information 

and planning resources that relate academic and career and 

technical educational preparation to career goals and expectations; 

(197) The Senate bill, but not the House bill, includes a focus 

on high skill, high wage, or high demand occupations and non-traditional fields, including occupations and fields requiring a baccalaureate degree. The Senate bill includes an emphasis on providing 


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this information to special populations underrepresented in certain 

careers. 

House recedes with amendment to read as follows: 

(3) to provide academic and career and technical teachers, 

faculty, administrators, and career guidance and academic 

counselors with the knowledge, skills, and occupational information needed to assist parents and students, especially special 

populations, with career exploration, educational opportunities, 

education financing, and exposure to high skill, high wage, or 

high demand occupations and non-traditional fields, including 

occupations and fields requiring a baccalaureate degree; 

(198) The Senate bill, but not the House bill, includes a focus 

on high skill, high wage, or high demand occupations in emerging 

or established professions. 

House recedes with amendment to read as follows: 

(4) to assist appropriate State entities in tailoring career related educational resources and training for use by 

such entities, including information on high skill, high 

wage, or high demand occupations in current or emerging 

professions and on career ladder information. 

(199) The Senate bill, but not the House, requires the entities 

receiving grants under this section to provide information, if available, for each occupation on the average earnings of the individual, 

the expected lifetime earnings, and the expected future demand for 

the occupation. 

House and Senate recede with amendment to read as follows: 

(7) to provide readily available occupational information 

such as—

(A) information relative to employment sectors; 

(B) information on occupation supply and demand; 

and 

(C) other information provided pursuant to section 15 

of the Wagner-Peyser Act as the jointly designated State entity considers relevant. 

(200) Similar provisions. 

Legislative Counsel: similar or identical provision 

(201) Similar provisions. 

Legislative Counsel: similar or identical provision 

(202) Similar provisions. 

Legislative Counsel: similar or identical provision 

(203) Similar provisions. 

Legislative Counsel: similar or identical provision 

PART B—STATE PROVISIONS 

Sec. 121. State Administration 

(204) Identical provisions. 


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Legislative Counsel: similar or identical provision 

(205) The Senate bill, but not the House, includes ‘‘teacher and 

faculty preparation programs’’ and ‘‘all types of businesses’’ in the 

consultation process. 

House recedes with amendment to read as follows: 

(2) consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, teacher and faculty preparation programs, representatives 

of businesses (including small businesses), labor organizations, 

eligible recipients, State and local officials, and local program 

administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this title; 

(206) Identical provisions. 

Legislative Counsel: similar or identical provision 

(207) Identical provisions. 

Legislative Counsel: similar or identical provision 

(208) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 122. State plan 

(209) The Senate bill allows eligible agencies to submit transition plans to meet the requirements of this section. 

House and Senate recede with amendment to read as follows: 

(a) STATE PLAN.— (1) IN GENERAL.—Each eligible agency desiring assistance 

under this title for any fiscal year shall prepare and submit to 

the Secretary a State plan for a 6-year period, together with 

such annual revisions as the eligible agency determines to be 

necessary, except that during the period described in section 4, 

each eligible agency may submit a transition plan that shall 

fulfill the eligible agency’s obligation to submit a State plan 

under this section for the first fiscal year following the date of 

enactment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006. 

(210) Identical provisions. 

Legislative Counsel: similar or identical provision 

(211) The House bill, but not the Senate, includes charter 

school authorizers and organizers, students, and community organizations. 

Senate recedes with amendment to read as follows: 

groups (including charter school authorizers and organizers consistent with State law, employers, labor organizations, parents, students, and community organizations), 

(212) The Senate bill includes career guidance and academic 

counselors, State tech prep coordinators and representatives of tech 

prep consortia, the lead State agency officials with responsibility 

for activities under the Workforce Investment Act, and includes 


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small businesses and economic development entities in the business and industry category. 

House recedes with amendment to read as follows: 

(b) PLAN DEVELOPMENT.—

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

(A) develop the State plan in consultation with—

(i) academic and career and technical education 

teachers, faculty, and administrators; 

(ii) career guidance and academic counselors; 

(iii) eligible recipients; 

(iv) charter school authorizers and organizers (consistent with State law); 

(v) parents and students; 

(vi) institutions of higher education; 

(vii) the State tech prep coordinator and representatives of tech prep consortia (if applicable); 

(viii) entities participating in activities under section 111 of P.L. 105–220; 

(ix) interested community members (including parent and community organizations); 

(x) representatives of special populations; 

(xi) representatives of business and industry (including representatives of small business); and 

(xii) representatives of labor organizations in the 

State; and 

(B) consult the Governor of the State with respect to 

such development. 

(213) Identical provisions. 

Legislative Counsel: similar or identical provision 

(214) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House and Senate recede with amendment to read as follows for 

notes 214–230: 

(A) the career and technical programs of study, which 

may be adopted by local educational agencies and postsecondary institutions to be offered as an option to students 

(and their parents as appropriate) when planning for and 

completing future coursework, for career and technical content areas that—

(i) incorporate secondary education and postsecondary education elements; 

(ii) include coherent and rigorous content aligned 

with challenging academic standards and relevant career and technical content in a coordinated, non-duplicative progression of courses that align secondary education with postsecondary education to adequately prepare students to succeed in postsecondary education; 

(iii) may include the opportunity for secondary 

education students to participate in dual or concurrent 

enrollment programs or other ways to acquire postsecondary education credits; and 


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(iv) lead to an industry-recognized credential or 

certificate at the postsecondary level, or an associate or 

baccalaureate degree; 

(B) how the eligible agency, in consultation with eligible recipients, will develop and implement the career and 

technical programs of study described in subparagraph (A); 

(C) how the eligible agency will support eligible recipients in developing and implementing articulation agreements between secondary education and postsecondary education institutions; 

(D) how the eligible agency will make available information about career and technical programs of study offered by eligible recipients; 

(E) the secondary and postsecondary career and technical education programs to be carried out, including programs that will be carried out by the eligible agency to develop, improve, and expand access to appropriate technology in career and technical education programs; 

(F) the criteria that will be used by the eligible agency 

to approve eligible recipients for funds under this Act, including criteria to assess the extent to which the local plan 

will— (i) promote continuous improvement in academic 

achievement; 

(ii) promote continuous improvement of technical 

skill attainment; and 

(iii) identify and address current or emerging occupational opportunities; 

(G) how programs at the secondary level will prepare 

career and technical education students, including special 

populations, to graduate from secondary school with a diploma; 

(H) how such programs will prepare career and technical education students, including special populations, 

academically and technically, for opportunities in postsecondary education or entry into high skill, high wage, or 

high demand occupations in current or emerging occupations, and how participating students will be made aware 

of such opportunities; 

(I) how funds will be used to improve or develop new 

career and technical education courses—

(i) at the secondary level that are aligned with rigorous and challenging academic content standards and 

student academic achievement standards adopted by 

the State under section 1111 (b)(1) of the Elementary 

and Secondary Education Act of 1965; 

(ii) at the postsecondary level that are relevant and 

challenging; and 

(iii) that lead to employment in high skill, high 

wage, or high demand occupations; 

(J) how the eligible agency will facilitate and coordinate communication on best practices among successful 

tech prep program grants under title II and eligible recipients to improve program quality and student achievement; 


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(K) how funds will be used effectively to link secondary 

and postsecondary academic and career and technical education at the secondary level and the postsecondary level in 

a manner that increases student academic and career and 

technical achievement; and 

(L) how the eligible agency will report on the integration of coherent and rigorous content aligned with challenging academic standards in career and technical education programs in order to adequately evaluate the extent 

of such integration. 

(215) The House and Senate bill use different terms. The 

House bill requires the eligible agency to describe in the plan how 

model sequences of courses will include secondary and postsecondary components. The Senate bill requires the eligible agency to 

describe how it will support eligible recipients in developing or implementing career pathways and in developing articulation agreements between secondary and postsecondary institutions. 

House and Senate recede with amendment to read as follows note 

214. 

(216) The House bill requires a description of how the model 

sequence of courses will include rigorous and challenging content. 

The Senate bill requires a description of how the eligible agency 

will support eligible recipients in using labor market information to 

identify career pathways that prepare individuals for high skill, 

high wage, or high demand occupations. 

House and Senate recede with amendment to read as follows note 

214. 

(217) The House bill requires a description of how the model 

sequence of courses will lead to a postsecondary 1-year certificate, 

associate or baccalaureate degree, or a proficiency credential in 

conjunction with a secondary school diploma. The Senate bill requires a description of how the eligible agency will make available 

information about career pathways offered by eligible recipients. 

House and Senate recede with amendment to read as follows note 

214. 

(218) The House bill requires a description of how the model 

sequence of courses may be adopted by local educational agencies 

and postsecondary institutions to be offered as an option to students (and their parents as appropriate), when choosing future 

coursework. The Senate bill requires a description of how the eligible agency will consult with business and industry and use industry-recognized standards and assessments, if appropriate, to develop career pathways. 

House and Senate recede with amendment to read as follows note 

214. 

(219) The House bill, but not the Senate bill, includes language 

requiring a description of how the eligible agency will distribute information identifying eligible recipients that offer elements of the 

model sequence of courses. 


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House and Senate recede with amendment to read as follows note 

214. 

(220) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes. 

(221) Similar provisions. The Senate bill, but not the House 

bill, requires the local plan to identify and address workforce 

needs. 

House and Senate recede with amendment to read as follows note 

214. 

The House bill requires the local plan to promote continuous 

and substantial improvement. 

House and Senate recede with amendment to read as follows note 

214. 

(222) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

214. 

(223) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’ The Senate bill includes an emphasis on special populations. 

House and Senate recede with amendment to read as follows note 

214. 

House recedes on ‘‘career.’’

(224) The Senate bill is more specific. It requires that new 

courses in high skill, high wage, or high demand occupations are 

linked to business needs and industry standards, where appropriate. It also requires that courses at the secondary level are 

aligned with standards adopted by the State under ESEA and that 

courses at the postsecondary level are relevant and challenging. 

House and Senate recede with amendment to read as follows note 

214. 

(225) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes. 

(226) The House bill uses the term ‘‘rigorous.’’

House and Senate recede with amendment to read as follows note 

214. 

(227) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

214. 

(228) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

214. 

(229) No similar provision is included in S. 250. 


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House and Senate recede with amendment to read as follows note 

214. 

(230) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

214. 

(231) The Senate bill, but not the House bill, includes principals in the professional development language. 

House and Senate recede with amendment to read as follows note 

267. 

(232) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes. 

(233a) The House bill includes the term ‘‘rigorous.’’

House and Senate recede with amendment to read as follows note 

267. 

(233b) The House bill includes a provision to encourage applied 

learning that contributes to the academic and vocational and technical knowledge of the student. 

House and Senate recede with amendment to read as follows note 

267. 

(234) The Senate bill is more expansive in the requirements for 

professional development. 

House and Senate recede with amendment to read as follows note 

267. 

(235) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

267. 

(236) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

267. 

(237) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

267. 

(238) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’ The Senate bill also includes faculty, principals, administrators, counselors, business intermediaries, State 

workforce investment boards, and local workforce investment 

boards. 

House and Senate recede with amendment to read as follows note 

267. 

(239) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes on ‘‘career.’’

House and Senate recede with amendment to read as follows note 

267. 

(240) The Senate bill, but not the House bill, includes a new 

subparagraph (A) relating to the use of funds to improve or develop 

new career and technical education courses in high skill, high 

wage, or high demand occupations. 

House and Senate recede with amendment to read as follows note 

267. 

(241) The House bill refers to ESEA for definition of core academic subjects. 

House and Senate recede with amendment to read as follows note 

267. 

(242) The Senate bill (subparagraph (D)), encourages enrollment in challenging courses in core academic subjects. The House 

bill (subparagraph (A)) requires the integration of academics with 

vocational and technical education to ensure learning in core academic subjects. 

House and Senate recede with amendment to read as follows note 

267. 

(243) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’ The Senate bill requires programs to be coordinated to promote lifelong learning. 

House recedes on ‘‘career.’’

House and Senate recede with amendment to read as follows note 

267. 

(244) Similar provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(245) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

267. 

(246) Similar provisions. House bill uses term ‘‘describe.’’ Senate bill uses term ‘‘describes.’’

House and Senate recede with amendment to read as follows note 

267. 

(247) Identical provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(248) The House bill, but not the Senate bill, adds a specific 

restriction on the use of funds for purchasing technology. 


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House and Senate recede with amendment to read as follows note 

267. 

(249) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

267. 

(250) The Senate bill requires a description of how the eligible 

agency will measure and report data. 

House and Senate recede with amendment to read as follows note 

267. 

(251) The Senate bill requires data to be reported for specific 

career clusters. 

House and Senate recede with amendment to read as follows note 

267. 

(252) The Senate bill replaces the term ‘‘vocational’’ with ‘‘career.’’

House recedes. 

(253) The Senate bill requires a description of how the eligible 

agency will disaggregate data, depending on the type of eligible recipient. 

House and Senate recede with amendment to read as follows note 

267. 

(254) Identical provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(255) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes on ‘‘career.’’

House and Senate recede with amendment to read as follows note 

267. 

(256) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes on ‘‘career.’’

House and Senate recede with amendment to read as follows note 

267. 

(257) The Senate bill, but not the House bill, includes coordination with workforce investment programs. 

House and Senate recede with amendment to read as follows note 

267. 

(258) The Senate bill, but not the House bill, requires a description of how funds will be used to promote preparation for high 

skill, high wage, or high demand occupations. The Senate bill also 

requires preparation for non-traditional fields in emerging and established professions. 


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House and Senate recede with amendment to read as follows note 

267. 

(259) Identical provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(260) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

267. 

(261) No similar provision is included in S. 250. 

House and Senate recede with amendment to read as follows note 

267. 

(262) Identical provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(263) Similar provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(264) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows note 

267. 

(265) Identical provisions. 

House and Senate recede with amendment to read as follows note 

267. 

(266) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes on ‘‘career.’’

(267) Identical provisions. 

House and Senate recede with amendment to read as follows for 

notes 231–267: 

(2) describes how comprehensive professional development 

(including initial teacher preparation and activities that support recruitment) for career and technical education teachers, 

faculty, administrators, and career guidance and academic 

counselors will be provided, especially professional development 

that—

(A) promotes the integration of coherent and rigorous 

academic content standards and career and technical education curricula, including through opportunities for the 

appropriate academic and career and technical teachers to 

jointly develop and implement curricula and pedagogical 

strategies, as appropriate; 

(B) increases the percentage of teachers that meet 

teacher certification or licensing requirements; 

(C) is high quality, sustained, intensive, focused on instruction, and increases the academic knowledge and unVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00115 Fmt 6601 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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derstanding of industry standards, as appropriate, of career and technical education teachers; 

(D) encourages applied learning that contributes to the 

academic and career and technical knowledge of the student; 

(E) provides the knowledge and skills needed to work 

with and improve instruction for special populations; 

(F) assists in accessing and utilizing data, including 

data provided under section 118, student achievement data, 

and data from assessments; and 

(G) promotes integration with professional development 

activities that the State carries out under Title II of the Elementary and Secondary Education Act of 1965 and Title II 

of the Higher Education Act of 1965. 

(3) describes efforts to improve— (A) the recruitment and retention of career and technical education teachers, faculty, and career guidance and 

academic counselors, including individuals in groups 

underrepresented in the teaching profession; and 

(B) the transition to teaching from business and industry, including small business; 

(4) describes efforts to facilitate the transition of subbaccalaureate career and technical education students into baccalaureate degree programs at institutions of higher education; 

(5) describes how the eligible agency will actively involve 

parents, academic and career and technical education teachers, 

administrators, faculty, career guidance and academic counselors, local business (including small businesses), and labor organizations in the planning, development, implementation, and 

evaluation of such career and technical education programs; 

(6) describes how funds received by the eligible agency 

through the allotment made under section 111 will be allocated— (A) among career and technical education at the secondary level, or career and technical education at the postsecondary and adult levels, or both, including the rationale 

for such allocation; and 

(B) among any consortia that will be formed among 

secondary schools and eligible institutions, and how funds 

will be allocated among the members of the consortia, including the rationale for such allocation; 

(7) describes how the eligible agency will—

(A) improve the academic and technical skills of students participating in career and technical education programs, including strengthening the academic and career 

and technical components of career and technical education 

programs through the integration of academics with career 

and technical education to ensure learning in—

(i) the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act 

of 1965); and 

(ii) career and technical education subjects; 

(B) provide students with strong experience in, and understanding of, all aspects of an industry; and 


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(C) ensure that students who participate in such career 

and technical education programs are taught to the same 

challenging academic proficiencies as are taught to all 

other students; 

(8) describes how the eligible agency will annually evaluate 

the effectiveness of such career and technical education programs, and describes, to the extent practicable, how the eligible 

agency is coordinating such programs to ensure nonduplication 

with other Federal programs; 

(9) describes the eligible agency’s program strategies for 

special populations, including a description of how individuals 

who are members of the special populations— (A) will be provided with equal access to activities assisted under this Act; 

(B) will not be discriminated against on the basis of 

their status as members of the special populations; and 

(C) will be provided with programs designed to enable 

the special populations to meet or exceed State adjusted levels of performance, and prepare special populations for further learning and for high skill, high wage, or high demand occupations; 

(10) describes— (A) efforts to ensure that eligible recipients are given 

the opportunity to provide input in determining the State 

adjusted levels of performance described in section 113; and 

(B) how the eligible agency, in consultation with eligible recipients, will develop a process for the negotiation of 

local adjusted levels of performance under section 113(b)(4) 

if an eligible recipient does not accept the State adjusted 

levels of performance under Section 113(b)(3); 

(11) provides assurances that the eligible agency will comply with the requirements of this Act and the provisions of the 

State plan, including the provision of a financial audit of funds 

received under this Act which may be included as part of an 

audit of other Federal or State programs; 

(12) provides assurances that none of the funds expended 

under this Act will be used to acquire equipment (including 

computer software) in any instance in which such acquisition 

results in a direct financial benefit to any organization representing the interests of the acquiring entity, the employees of 

the acquiring entity, or any affiliate of such an organization; 

(13) describes how the eligible agency will report data relating to students participating in career and technical education 

in order to adequately measure the progress of the students, including special populations, and how the eligible agency will 

ensure that the data reported to the eligible agency from local 

educational agencies and eligible institutions under this title 

and the data the eligible agency reports to the Secretary are 

complete, accurate, and reliable; 

(14) describes how the eligible agency will adequately address the needs of students in alternative education programs, 

if appropriate; 

(15) describes how the eligible agency will provide local 

educational agencies, area career and technical education 


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schools, and eligible institutions in the State with technical assistance; 

(16) describes how career and technical education relates to 

State and regional occupational opportunities; 

(17) describes the methods proposed for the joint planning 

and coordination of programs carried out under this title with 

other Federal education programs; 

(18) describes how funds will be used to promote preparation for high skill, high wage, or high demand occupations and 

non-traditional fields; 

(19) describes how funds will be used to serve individuals 

in State correctional institutions; and 

(20) contains the description and information specified in 

sections 112(b)(8) and 121(c) of Public Law 105–220 concerning 

the provision of services only for postsecondary students and 

school dropouts. 

(d) PLAN OPTIONS.—

(1) SINGLE PLAN.—An eligible agency not choosing to consolidate funds under section 202 shall fulfill the plan or application submission requirements of this section, and section 

201(c), by submitting a single State plan. In such plan, the eligible agency may allow recipients to fulfill the plan or application submission requirements of section 134 and subsections (a) 

and (b) of section 204 by submitting a single local plan. 

(2) PLAN SUBMITTED AS PART OF 501 PLAN.—The eligible 

agency may submit the plan required under this section as part 

of the plan submitted under section 501 of Public Law 105–220, 

if the plan submitted pursuant to the requirement of this section meets the requirements of this Act. 

(e) PLAN APPROVAL.—

(1) IN GENERAL.—The Secretary shall approve a State plan, 

or a revision to an approved State plan, unless the Secretary 

determines that—

(A) the State plan, or revision, respectively, does not 

meet the requirements of this Act; or 

(B) the State’s levels of performance on the core indicators of performance consistent with section 113 are not sufficiently rigorous to meet the purpose of this Act. 

(2) DISAPPROVAL.—The Secretary shall not finally disapprove a State plan, except after giving the eligible agency notice and an opportunity for a hearing. 

(3) CONSULTATION.—The eligible agency shall develop the 

portion of each State plan relating to the amount and uses of 

any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, 

tech prep education, and secondary career and technical education after consultation with the State agency responsible for 

supervision of community colleges, technical institutes, or other 

2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education, and the 

State agency responsible for secondary education. If a State 

agency finds that a portion of the final State plan is objectionable, the State agency shall file such objections with the eligible 


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agency. The eligible agency shall respond to any objections of 

the State agency in the State plan submitted to the Secretary. 

(4) TIMEFRAME.—A State plan shall be deemed approved by 

the Secretary if the Secretary has not responded to the eligible 

agency regarding the State plan within 90 days of the date the 

Secretary receives the State plan. 

Sec. 123. Improvement plans 

(268) The House bill requires that the improvement plan give 

special consideration to performance gaps. 

House and Senate recede with amendment to read as follows note 

272. 

(269) Identical provisions. 

House and Senate recede with amendment to read as follows note 

272. 

(270a) The Senate bill has the caption heading ‘‘FAILURE.’’

House and Senate recede with amendment to read as follows note 

272. 

(270b) The Senate bill specifies that action may be taken if an 

eligible agency fails to meet more than one of the State adjusted 

levels of performance for 2 or more consecutive years. The House 

bill specifies that subsequent action may occur if an eligible recipient does not meet the State adjusted levels of performance and the 

purposes of the Act for 2 or more consecutive years. 

House and Senate recede with amendment to read as follows note 

272. 

Report Language: In establishing separate indicators for secondary and postsecondary programs, the Conferees acknowledge 

the distinct activities carried out by secondary and postsecondary 

recipients. By providing the Secretary with the discretion to take 

subsequent action against an eligible agency, as specified in Section 

123(b)(4), the Conferees intend that the Secretary withhold only 

those funds from the eligible agency that are designated to support 

the activities related to the core indicators for which the agency 

failed to meet the adjusted levels of performance. 

(271) Identical provisions. 

House and Senate recede with amendment to read as follows note 

272. 

Report Language: The Conferees intend that, in determining 

whether to impose sanctions, the Secretary consider the number of, 

and the degree by which, a State recipient failed to meet its State 

adjusted levels of performance. 

(272) Identical provisions. 

House and Senate recede with amendment to read as follows for 

notes 268–272. 

SEC. 123. IMPROVEMENT PLANS. 

(a) STATE PROGRAM IMPROVEMENT.—


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(1) PLAN.—If a State fails to meet at least 90 percent of an 

agreed upon State adjusted level of performance for any of the 

core indicators of performance described in section 113(b)(3), 

the eligible agency shall develop and implement a program improvement plan (with special consideration to performance gaps 

identified under section 113(c)(2)) in consultation with the appropriate agencies, individuals, and organizations during the 

first program year succeeding the program year for which the 

eligible agency failed to so meet the State adjusted level of performance for any of the core indicators of performance. 

(2) TECHNICAL ASSISTANCE.—If the Secretary determines 

that an eligible agency is not properly implementing the eligible 

agency’s responsibilities under section 122, or is not making 

substantial progress in meeting the purposes of this Act, based 

on the State’s adjusted levels of performance, the Secretary 

shall work with the eligible agency to implement the improvement activities consistent with the requirements of this Act. 

(3) SUBSEQUENT ACTION.— (A) IN GENERAL.—The Secretary may, after notice and 

opportunity for a hearing, withhold from an eligible agency 

all, or a portion, of the eligible agency’s allotment under 

paragraphs (2) and (3) of section 112(a) if the eligible agency—

(i) fails to implement an improvement plan as described in paragraph (1); 

(ii) fails to make any improvement in meeting any 

of the State adjusted levels of performance for the core 

indicators of performance identified under paragraph 

(1) within the first program year of implementation of 

its improvement plan described in paragraph (1); or 

(iii) fails to meet at least 90 percent of an agreed 

upon State adjusted level of performance for the same 

core indicator of performance for 3 consecutive years. 

(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—The 

Secretary may waive the sanction in subparagraph (A) due 

to exceptional or uncontrollable circumstances, such as a 

natural disaster or a precipitous and unforeseen decline in 

the financial resources of the State. 

(4) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 

Secretary shall use funds withheld under paragraph (3) for a 

State served by an eligible agency to provide technical assistance to assist in the development of an improved State improvement plan, or for other improvement activities consistent with 

the requirements of this Act for such State. 

(273) Similar provisions. The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(274) Similar provisions. The House bill, but not the Senate 

bill, references a persistent or a widening of performance gaps. 

House and Senate recede with amendment as follows note 279. 

(275) The Senate bill requires the assessment to include special populations. 


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Senate recedes 

(276) The Senate bill requires the eligible agency to consult 

with principals, administrators, and faculty. 

Senate recedes 

(277) The Senate bill, but not the House, permits an eligible 

recipient to request additional technical assistance directly from 

the Secretary. 

House and Senate recede with amendment as follows note 279. 

Report Language: In establishing separate indicators for secondary and postsecondary programs, the Conferees acknowledge 

the distinct activities carried out by secondary and postsecondary 

recipients. By providing a State with the discretion to take subsequent action against an eligible recipient, as specified in Section 

123(b)(4), the Conferees intend that the State withhold only those 

funds from the eligible recipient that are designated to support the 

activities related to the core indicators for which the recipient 

failed to meet the adjusted levels of performance. 

(278a) The Senate bill has the caption heading ‘‘FAILURE.’’

House and Senate recede with amendment as follows note 279. 

(278b) The Senate bill specifies that action may be taken if an 

eligible recipient fails to meet more than one of the local adjusted 

levels of performance for 2 or more consecutive years. The House 

bill specifies that subsequent action may occur if an eligible recipient does not meet the local adjusted levels of performance and the 

purposes of the Act for 2 or more consecutive years. 

House and Senate recede with amendment as follows note 279. 

Report Language: The conferees intend that, in determining 

whether to impose sanctions, an eligible agency consider the number of, and the degree by which, an eligible recipient failed to meet 

its local adjusted levels of performance and the impact, if any, on 

eligible recipient’s reported performance of the small size of its career and technical education program. 

(279) The Senate bill, but not the House, includes ‘‘organizational structure’’ as grounds for waiver of the sanctions described. 

House and Senate recede with amendment as follows for notes 

274–279: 

(2) PLAN.—If, after reviewing the evaluation in paragraph 

(1), the eligible agency determines that an eligible recipient 

failed to meet at least 90 percent of an agreed upon local adjusted level of performance for any of the core indicators of performance described in section 113(b)(4), the eligible recipient 

shall develop and implement a program improvement plan 

(with special consideration to performance gaps identified 

under section 113(b)(4)(C)(ii)(II)) in consultation with the eligible agency, appropriate agencies, individuals, and organizations during the first program year succeeding the program 

year for which the eligible entity failed to so meet any of the 

local adjusted levels of performance for any of the core indicators of performance. 


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(3) TECHNICAL ASSISTANCE.—If the eligible agency determines that an eligible recipient is not properly implementing 

the eligible recipient’s responsibilities under section 134, or is 

not making substantial progress in meeting the purposes of this 

Act, based on the local adjusted levels of performance, the eligible agency shall work with the eligible recipient to implement 

improvement activities consistent with the requirements of this 

Act. 

(4) SUBSEQUENT ACTION.—

(A) IN GENERAL.—The eligible agency may, after notice 

and opportunity for a hearing, withhold from the eligible 

recipient all, or a portion, of the eligible recipient’s allotment under this title if the eligible recipient—

(i) fails to implement an improvement plan as described in paragraph (2); 

(ii) fails to make any improvement in meeting any 

of the local adjusted levels of performance for the core 

indicators of performance identified under paragraph 

(2) within the first program year of implementation of 

its improvement plan described in paragraph (2); or 

(iii) fails to meet at least 90 percent of an agreed 

upon local adjusted level of performance for the same 

core indicator of performance for 3 consecutive years. 

(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—The 

eligible agency may, in determining whether to impose 

sanctions under subparagraph (A), waive imposing sanctions—

(i) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous 

and unforeseen decline in the financial resources of the 

eligible recipient; or 

(ii) based on the impact on the eligible recipient’s 

reported performance of the small size of the career 

and technical education program operated by the eligible recipient. 

(280) Similar provisions. 

Legislative Counsel: similar or identical provision 

Report Language: The conferees recognize that the possible 

sanction of an eligible recipient could result in an unnecessary disruption of services and activities. It is the intention of the conferees 

that in the event of a sanction, the services and activities to be provided through an alternative arrangement should be provided by 

the state agency or another eligible recipient. 

Sec. 124. State leadership activities 

(281) Similar provisions. 

Senate recedes 

(282) Identical provisions. 

Legislative Counsel: similar or identical provision 

(283) The Senate bill changes ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(284) The Senate bill, but not the House, includes ‘‘further 

training,’’ and ‘‘high skill, high wage, or high demand occupations.’’

House recedes 

(285) The House bill, but not the Senate, includes ‘‘math and 

science’’ education. 

House and Senate recede with amendment to read as follows note 

288. 

(286) The Senate bill, but not the House, deletes subparagraph 

(B) from current law. 

House and Senate recede with amendment to read as follows note 

288. 

(287) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(288) The Senate bill, but not the House, includes lifelong 

learning and partnerships to link career and technical education 

with businesses, workforce investment entities and communications 

entities. 

House and Senate recede with amendment to read as follows for 

notes 285–288: 

(2) developing, improving, or expanding the use of technology in career and technical education that may include—

(A) training of career and technical education teachers, 

faculty, career guidance and academic counselors, and administrators to use technology, including distance learning; 

(B) providing career and technical education students 

with the academic and career and technical skills (including the math and science knowledge that provides a strong 

basis for such skills) that lead to entry into technology 

fields, including non-traditional fields; or 

(C) encouraging schools to collaborate with technology 

industries to offer voluntary internships and mentoring 

programs; 

(289) The House bill, but not the Senate, includes a new requirement that professional development include training on the 

integration and use of rigorous and challenging standards. 

House and Senate recede with amendment to read as follows: 

(3) professional development programs, including providing 

comprehensive professional development (including initial 

teacher preparation) for career and technical education teachers, faculty, administrators, and career guidance and academic 

counselors at the secondary and postsecondary levels, that support activities described in section 122 and—

(290a) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(290b) The Senate bill includes language on scientifically based 

research and effective practices to improve parental and community involvement. 

Senate recedes with amendment to read as follows: 

(A) provide in-service and preservice training in career 

and technical education programs— (i) on effective integration and use of challenging 

academic and career and technical education provided 

jointly with academic teachers to the extent practicable; 

(ii) on effective teaching skills based on research 

that includes promising practices; 

(iii) on effective practices to improve parental and 

community involvement; and 

(iv) on effective use of scientifically based research 

and data to improve instruction; 

Report Language: The Conferees believe that states should 

look to the appropriate scientifically based research to guide their 

professional development offerings in order to promote promising 

practices at the local level. 

(291) The House bill, but not the Senate bill, includes a new 

requirement that professional development activities be ‘‘high quality, sustained, intensive, and classroom-focused in order to have a 

positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and are not 1–day or short-term 

workshops or conferences.’’

House and Senate recede with amendment to read as follows: 

(B) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact 

on classroom instruction and the teacher’s performance in 

the classroom, and are not 1–day or short-term workshops 

or conferences; 

(C) will help teachers and personnel to improve student 

achievement in order to meet the State adjusted levels of 

performance established under section 113; 

(D) will support education programs for teachers of vocational and technical education in public schools and 

other public school personnel who are involved in the direct 

delivery of educational services to career and technical education students to ensure that teachers and personnel— (i) stay current with the needs, expectations, and 

methods of industry; 

(ii) can effectively develop rigorous and challenging, integrated academic and career and technical 

education curricula jointly with academic teachers, to 

the extent practicable; 

(iii) develop a higher level of academic and industry knowledge and skills in career and technical education; and 

(iv) effectively use applied learning that contributes 

to the academic and vocational and technical knowledge of the student; and 


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(E) are coordinated with the teacher certification or licensing and professional development activities that the 

State carries out under title II of the Elementary and Secondary Education Act of 1965 and title II of the Higher 

Education Act of 1965; 

(292) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(293) The House bill, but not the Senate, provides for the provision of ‘‘rigorous and challenging academics that are integrated 

with vocational and technical education to ensure achievement in 

the core academic subjects.’’

House recedes with amendment to read as follows: 

(4) supporting career and technical education programs 

that improve the academic and career and technical skills of 

students participating in career and technical education programs by strengthening the academic and career and technical 

components of such career and technical education programs 

through the integration of coherent and relevant content aligned 

with challenging academic standards and relevant career and 

technical education to ensure achievement in—

(A) the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965); and 

(B) career and technical subjects; 

(294) The Senate bill, but not the House, includes the qualifying language: ‘‘in emerging and established professions, and other 

activities that expose students, including special populations, to 

high skill, high wage occupation.’’

House recedes with amendment to read as follows: 

(5) providing preparation for non-traditional fields in current and emerging professions, and other activities that expose 

students, including special populations, to high skill, high wage 

occupations; 

(295) The Senate bill includes ‘‘intermediaries.’’

House recedes 

(296) The Senate bill uses the term ‘‘career pathways,’’ the 

House bill uses the term ‘‘model sequence or courses.’’

Senate recedes with amendment to read as follows: 

(6) supporting partnerships among local educational agencies, institutions of higher education, adult education providers, 

and, as appropriate, other entities, such as employers, labor organizations, intermediaries, parents, and local partnerships, to 

enable students to achieve State academic standards, and career and technical skills, or complete career and technical programs of study, as described in section 122(c)(1)(A); 

(297) Identical provisions. 


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Legislative Counsel: similar or identical provision 

(298) Senate bill, but not the House, includes ‘‘high demand occupations.’’

House recedes 

(299) Identical provisions. 

Legislative Counsel: similar or identical provision 

(300) Identical provisions. 

Legislative Counsel: similar or identical provision 

(301) The Senate bill, but not the House bill, allows funds to 

be used to encourage students to graduate with a diploma or a degree, and expose student to high skill, high wage occupations and 

non-traditional fields in emerging and established professions. 

House recedes with amendment to read as follows: 

(1) improvement of career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including—

(A) encouraging secondary and postsecondary students 

to graduate with a diploma or degree; and 

(B) exposing students to high skill, high wage occupations and non-traditional fields; 

The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(302) Similar provisions. The Senate bill specifically mentions 

articulation agreements as a possible type of agreement. 

House recedes 

(303) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(304) Identical provisions. 

Legislative Counsel: similar or identical provision 

(305) The Senate bill combines this provision into paragraph 

(8) below. 

House recedes 

(306) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(307) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(308) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(309) Identical provisions. 


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Legislative Counsel: similar or identical provision 

(310) The Senate bill allows partnerships between education 

and business intermediaries. The Senate bill provides for adjunct 

faculty arrangements at the secondary and postsecondary levels. 

The Senate bill includes cooperative education (see note 305). 

House recedes 

(311) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

The Senate bill allows the development of new initiatives. The 

Senate bill includes career clusters, career academics, and distance 

learning. The Senate bill also emphasizes high skill, high wage, or 

high demand occupations. 

House recedes with amendment to read as follows: 

(9) support to improve or develop new career and technical 

education courses and initiatives, including career clusters, career academies, and distance education, that prepare individuals academically and technically for high skill, high wage, or 

high demand occupations; 

(312) The House bill includes preparation for current and 

emerging occupations in demand. 

House recedes 

(313) The House bill, but not the Senate, stipulates requirements for the award of performance incentive grants beyond the requirements of section 113. 

House and Senate recede with amendment to read as follows: 

(10) awarding incentive grants to eligible recipients—

(A) for exemplary performance in carrying out programs under this Act, which awards shall be based on—

(i) eligible recipients exceeding the local adjusted 

levels of performance established under section 113(b) 

in a manner that reflects sustained or significant improvement; 

(ii) eligible recipients effectively developing connections between secondary education and postsecondary 

education and training; 

(iii) the adoption and integration of coherent and 

rigorous content aligned with challenging academic 

standards and technical coursework; 

(iv) eligible recipients’ progress in having special 

populations who participate in career and technical 

education programs meet local adjusted levels of performance; 

(v) other factors relating to the performance of the 

eligible recipient under this Act as the eligible agency 

determines are appropriate; or 

(B) if an eligible recipient elects to use funds as permitted under section 135(c)(19). 

(314) No similar provision is included in S. 250. 


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Senate recedes 

(315) The Senate bill, but not the House, provides for coordination with State Adult Basic Education and Family Literacy activities. 

House recedes with amendment to read as follows: 

(12) providing career and technical education programs for 

adults and school dropouts to complete their secondary school 

education, in coordination, to the extent practicable, with activities authorized under the Adult Education and Family Literacy 

Act. 

(316) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(317) The Senate bill, but not the House bill, provides for collaboration with State workforce investment systems to help individuals find employment or continue their education or training. 

House recedes with amendment to read as follows: 

(13) providing assistance to individuals, who have participated in services and activities under this title, in continuing 

individuals’ education or training or finding appropriate jobs, 

such as through referral to the system established under section 

121 of Public Law 105–220 (29 U.S.C. 2801 et seq.); 

(318) No similar provision in included in H.R. 366. 

House recedes with amendment to read as follows: 

(14) developing valid and reliable assessments of technical 

skills; 

(319) No similar provision is included in H.R. 366. 

House recedes 

(320) No similar provision is included in H.R. 366. 

House recedes with amendment to read as follows: 

(17) support for occupational and employment information 

resources, such as those described in section 118. 

(321) No similar provision is included in H.R. 366. 

Senate recedes 

(322) Similar provisions. 

Senate recedes 

PART C—LOCAL PROVISIONS 

Sec. 131. Distribution of funds to secondary school programs 

(323) Identical provisions. 

House and Senate recede with amendment to read as follows: 

(a) DISTRIBUTION RULES.—Except as provided in section 133 

and as otherwise provided in this section, each eligible agency shall 

distribute the portion of funds made available under section 


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112(a)(1) to carry out this section to local educational agencies within the State as follows: 

(1) THIRTY PERCENT.—Thirty percent shall be allocated to 

such local educational agencies in proportion to the number of 

individuals aged 5 through 17, inclusive, who reside in the 

school district served by such local educational agency for the 

preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local 

educational agencies in the State for such preceding fiscal year, 

as determined on the basis of the most recent satisfactory—

(A) data provided to the Secretary by the Bureau of the 

Census for the purpose of determining eligibility under title 

I of the Elementary and Secondary Education Act of 1965; 

or 

(B) student membership data collected by the National 

Center for Education Statistics through the Common Core 

of Data survey system. 

(2) SEVENTY PERCENT.—Seventy percent shall be allocated 

to such local educational agencies in proportion to the number 

of individuals aged 5 through 17, inclusive, who reside in the 

school district served by such local educational agency and are 

from families below the poverty level for the preceding fiscal 

year, as determined on the basis of the most recent satisfactory 

data used under section 1124(c)(1)(A) of the Elementary and 

Secondary Education Act of 1965, compared to the total number 

of such individuals who reside in the school districts served by 

all the local educational agencies in the State for such preceding fiscal year. 

(3) ADJUSTMENTS.—Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data 

used to make the allocations to—

(A) reflect any change in school district boundaries 

that may have occurred since the data were collected; and 

(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Affairs. 

(324) Identical provisions. 

Legislative Counsel: similar or identical provision 

(325) Identical provisions. The Senate bill changes the term 

‘‘vocational’’ to ‘‘career.’’

Legislative Counsel: similar or identical provision 

House recedes on ‘‘career.’’

(326) Identical provisions. 

Legislative Counsel: similar or identical provision 

(327) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(328) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(329) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’ Senate bill doesn’t include ‘‘d.’’

House recedes on ‘‘career.’’ Senate recedes on (d) 

(330) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 132. Distribution of funds for postsecondary education career 

and technical education programs 

(331) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(332) The Senate bill adds language related to technical skill 

proficiency, an industry-recognized credential, a certificate, or an 

associate’s degree. 

Senate recedes 

(333) Identical provisions. 

Legislative Counsel: similar or identical provision 

(334) Identical provisions. 

Legislative Counsel: similar or identical provision 

(335) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 133. Special rules for career and technical education 

(336) The Senate bill changes the term ‘‘vocational’’ to ‘‘career’’

in the heading. 

House recedes 

(337) The House bill, but not the Senate bill strikes this provision from current law. 

House recedes 

(338) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(339) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

Sec. 134. Local plan for career and technical education programs 

(340) The Senate bill changes the term ‘‘vocational’’ to ‘‘career’’

in the heading. The Senate bill, but not the House, includes workforce investment entities. 

House recedes with amendment to read as follows: 

(a) LOCAL PLAN REQUIRED.—Any eligible recipient desiring financial assistance under this part shall, in accordance with requirements established by the eligible agency (in consultation with 

such other educational and training entities as the eligible agency 


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determines to be appropriate) submit a local plan to the eligible 

agency. Such local plan shall cover the same period of time as the 

period of time applicable to the State plan submitted under section 

122. 

(341) Identical provisions. 

Legislative Counsel: similar or identical provision 

(342) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(343) Similar provisions. The House bill refers to ‘‘model sequences of courses.’’ The Senate bill refers to ‘‘career pathways.’’

Senate recedes with amendment to read as follows: 

career and technical programs of study 

(344) The House bill includes the term ‘‘rigorous.’’

Senate recedes with amendment to read as follows: 

(B) improve the academic and technical skills of students 

participating in career and technical education programs 

by strengthening the academic and career and technical 

education components of such programs through the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education programs to ensure learning in— (i) the core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act 

of 1965); and 

(ii) career and technical education subjects; 

(C) provide students with strong experience in, and understanding of, all aspects of an industry; 

(D) ensure that students who participate in such career 

and technical education programs are taught to the same 

coherent and rigorous content aligned with challenging 

academic standards as are taught to all other students; 

(345) The House bill defines core academic subjects as under 

ESEA. 

Senate recedes with amendment to read as follows: 

(E) encourage career and technical education students 

at the secondary level to enroll in rigorous and challenging 

courses in core academic subjects (as defined in section 

9101 of the Elementary and Secondary Education Act of 

1965); 

(346) The Senate bill refers to Section 122. The House bill requires a description of professional development activities that promote the integration of rigorous and challenging academic and 

technical education (including curriculum development). 

Senate recedes with amendment to read as follows: 

(4) describe how comprehensive professional development 

(including initial teacher preparation) for career and technical, 

academic, guidance, and administrative personnel will be provided that promotes the integration of coherent and rigorous 


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content aligned with challenging academic standards and relevant career and technical education (including curriculum development); 

(347) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(348) The Senate bill includes faculty, principals, administrators, counselors, representatives of tech prep consortia, representatives of the local workforce investment board, representatives or 

the local development entity, and representatives of small business. 

House recedes with amendment to read as follows: 

(5) describe how parents, students, academic and career 

and technical education teachers, faculty, administrators, career guidance and academic counselors, representatives of tech 

prep consortia (if applicable), representatives of the entities participating in activities described in section 117 of Public Law 

105–220 (if applicable), representatives of business (including 

small business) and industry, labor organizations, representatives of special populations, and other interested individuals are 

involved in the development, implementation, and evaluation of 

career and technical education programs assisted under this 

title, and how such individuals and entities are effectively informed about, and assisted in understanding, the requirements 

of this title, including career and technical programs of study; 

(349) The Senate bill specifically requires that all individuals 

and entities are informed about career pathways. 

Senate recedes with amendment to read as follows: 

including career and technical programs of study; 

(350) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(351) Similar provisions. The House bill requires the performance of the eligible recipient to be independently evaluated. 

House recedes 

(352) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(353) The Senate bill combines subparagraphs (B) and (C) of 

the House bill. 

Senate recedes with amendment to read as follows for notes 353–

355: 

(8) describe how the eligible recipient will—

(A) review career and technical education programs, 

and identify and adopt strategies to overcome barriers that 

result in lowering rates of access to or lowering success in 

the programs, for special populations; 

(B) provide programs that are designed to enable the 

special populations to meet the local adjusted levels of performance; and 


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(C) provide activities to prepare special populations, including single parents and displaced homemakers, for high 

skill, high wage, or high demand occupations that will lead 

to self-sufficiency; 

(354) The House bill refers to State adjusted levels of performance. The Senate bill refers to local adjusted levels of performance. 

Senate recedes with amendment to read as follows note 353. 

(355) The House bill specifically includes single parents and 

displaced homemakers. 

Senate recedes with amendment to read as follows note 353. 

(356) Identical provisions. 

Legislative Counsel: similar or identical provision 

(357) Similar provisions. 

House recedes 

(358) The House bill repeats language similar to paragraph (4) 

above. 

House recedes 

(359) No similar provision is included in H.R. 366. 

House recedes with amendment to read as follows: 

(11) describe how career guidance and academic counseling 

will be provided to career and technical education students, including linkages to future education and training opportunities; 

and 

(360) No similar provision is included in H.R. 366. 

House and Senate recede with amendment to read as follows: 

(12) describe efforts to improve the recruitment and retention of career and technical education teachers, faculty, career 

guidance and academic counselors, including individuals in 

groups underrepresented in the teaching profession, and the 

transition to teaching from business and industry. 

Sec. 135. Local uses of funds 

(361) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(362a) The Senate bill specifies a coherent sequence of courses, 

such as career pathways, while the House bill gives specific mention to model sequences of courses. 

Senate recedes with amendment to read as follows: 

a coherent sequence of courses, such as career and technical programs of study described in 

(362b) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’


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House recedes 

(363) Similar provisions. The Senate bill includes articulation 

agreements. 

House recedes with amendment to read as follows for notes 363–

365: 

(2) link career and technical education at the secondary 

level and career and technical education at the postsecondary 

level, including by offering the relevant elements of not less 

than one career and technical program of study described in 

section 122(c)(1)(A). 

(364) The Senate bill requires that the elements of not less 

than one career pathway be offered. 

House recedes with amendment to read as follows note 363. 

(365) The House bill requires model sequences of courses to be 

offered. 

House recedes with amendment to read as follows note 363. 

(366) The House bill includes requirements for tech prep activities under the required uses of funds. (The Senate includes provisions for tech prep in Part D of the Act. See note 412.) 

House recedes 

(367) Identical provisions. 

House and Senate recede with amendment to read as follows: 

(3) provide students with strong experience in and understanding of all aspects of an industry, which may include workbased learning experiences; 

(368a) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(368b) The House bill includes math and science education. 

Senate recedes with amendment to read as follows: 

(4) develop, improve, or expand the use of technology in career and technical education, which may include—

(369) The Senate bill deletes the reference to state-of-the-art 

technology. 

House recedes 

(370) The House bill includes providing students with the academic and vocational and technical skills leading to entry into high 

technology fields. 

Senate recedes with amendment to read as follows: 

(B) providing career and technical education students 

with the academic and career and technical skills (including the math and science knowledge that provides a strong 

basis for such skills) that lead to entry into the technology 

fields; or 


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(C) encouraging schools to collaborate with technology 

industries to offer voluntary internships and mentoring 

programs, including programs that improve the mathematics and science knowledge of students; 

(371) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(372) The Senate bill specifically includes faculty and administrators. 

House and Senate recede with amendment to read as follows note 

377. 

(373) The Senate bill provides professional development for individuals involved in integrated career and technical education programs. 

House and Senate recede with amendment to read as follows note 

377. 

(374) The Senate bill deletes the reference to state-of-the-art 

programs and techniques. 

House recedes 

(375) The House bill includes the term rigorous and requires 

effective teaching skills to be based on scientifically based research. 

House and Senate recede with amendment to read as follows note 

377. 

(376) The House bill includes training to ensure teachers and 

personnel stay current with all aspects of industry while the Senate bill requires support of programs that provide information on 

all aspects of industry. 

Senate recedes 

(377) The House bill includes the use and application of technology. The Senate bill includes the use of instructional technology. 

House and Senate recede with amendment to read as follows for 

notes 372–377: 

(5) provide professional development programs that are 

consistent with section 122 to secondary and postsecondary 

teachers, faculty, administrators, and career guidance and academic counselors who are involved in integrated career and 

technical education programs, including—

(A) in-service and preservice training on—

(i) effective integration and use of challenging academic and career and technical education provided 

jointly with academic teachers to the extent practicable; 

(ii) effective teaching skills based on research that 

includes promising practices; 

(iii) effective practices to improve parental and 

community involvement; and 

(iv) effective use of scientifically based research 

and data to improve instruction; 


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(B) support of education programs for teachers of career and technical education in public schools and other 

public school personnel who are involved in the direct delivery of educational services to career and technical education students, to ensure that such teachers and personnel 

stay current with all aspects of an industry; 

(C) internship programs that provide relevant business 

experience; and 

(D) programs designed to train teachers specifically in 

the effective use and application of technology to improve 

instruction; 

(378) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(379) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

The Senate bill includes the phrase ‘‘including relevant technology.’’

House recedes 

(380) Identical provisions. 

Legislative Counsel: similar or identical provision 

(381) Similar provisions. The Senate bill includes high demand 

occupations. 

Senate recedes with amendment to read as follows: 

(9) provide activities to prepare special populations, including single parents and displaced homemakers who are enrolled 

in career and technical education programs, for high skill, high 

wage, or high demand occupations that will lead to self-sufficiency. 

(382) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(383) The Senate bill permits funds to be used for counseling 

that is based on current labor market indicators. 

House recedes with amendment to read as follows: 

(2) to provide career guidance and academic counseling, 

which may include information described in section 118, for 

students participating in career and technical education programs that—

(A) improves graduation rates and provides information on postsecondary and career options, including baccalaureate degree programs, for secondary students, which 

activities may include the use of graduation and career 

plans; and 

(B) provides assistance for postsecondary students, including for adult students who are changing careers or updating skills; 

Report Language: A graduation and career plan is a written 

plan for a secondary career and technical education student that: 


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is developed with career guidance and academic counseling or other 

professional staff, in consultation with parents, not later than in 

the first year of secondary school or upon enrollment in career and 

technical education; is reviewed annually and modified as needed; 

includes relevant information on secondary school requirements for 

graduating with a diploma, postsecondary education admission requirements and high skill, high wage, or high demand occupations 

and non-traditional fields in current and emerging professions and 

labor market indicators; states the student’s secondary school graduation goals, postsecondary education and training or employment 

goals; and identifies one or more career pathways that correspond 

to the goals. 

(384) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(385) The Senate bill permits funds to be used for counseling 

that improves graduation rates. 

House recedes (see note 383) 

(386) The Senate bill expands the use of funds to establish 

partnerships with eligible recipients and businesses, local workforce investment boards, or economic development entities. The 

Senate bill also provides for adjunct faculty arrangements and industry experience for teachers and faculty. 

House and Senate recede with amendment to read as follows: 

(3) for local education and business (including small business) partnerships, including for—

(A) work-related experiences for students, such as internships, cooperative education, school-based enterprises, 

entrepreneurship, and job shadowing that are related to career and technical education programs; 

(B) adjunct faculty arrangements for qualified industry 

professionals; and 

(C) industry experience for teachers and faculty; 

(387) Identical provisions. 

Legislative Counsel: similar or identical provision 

(388) The House bill provides for qualified industry professionals to serve as postsecondary faculty. 

House recedes (per note 386) 

(389) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(390) Identical provisions. 

Legislative Counsel: similar or identical provision 

(391) The Senate bill, but not the House, provides for funds to 

support library resources. 

Senate recedes with amendment to read as follows: 

(7) for leasing, purchasing, upgrading or adapting equipment, including instructional aids and publications (including 


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support for library resources) designed to strengthen and support academic and technical skill achievement; 

(392) The House bill refers to instructional aids. The Senate 

bill refers to instructional equipment. 

Senate recedes with amendment to read as follows note 391. 

(393) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(394) The Senate bill, but not the House, includes times and 

formats that are convenient and accessible for working students. 

House recedes with amendment to read as follows: 

(9) to develop and expand postsecondary program offerings 

at times and in formats that are accessible for students (including working students) including through the use of distance 

education; 

(395) The Senate bill refers to ‘‘working students.’’

House recedes with amendment to read as follows note 394. 

(396) No similar provision is included in H.R. 366. 

House recedes 

(397) S. 250 includes entrepreneurship in (11). 

Senate recedes 

(398) The House bill, but not the Senate, includes the development of model sequences of courses for consideration by the eligible 

agency and courses that prepare individuals academically and technically for 250. 

Senate recedes with amendment to read as follows: 

(12) for improving or developing new career and technical 

education courses including development of new proposed career and technical programs of study for consideration by the 

eligible agency and courses that prepare individuals academically and technically for high skill, high wage, or high demand 

occupations and dual or concurrent enrollment opportunities by 

which career and technical education students at the secondary 

level could obtain postsecondary credit to count towards an associate or baccalaureate degree; 

(399) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(400) The Senate bill refers to career pathways. The House bill 

refers to model sequences of courses. 

Senate recedes with amendment to read as follows: 

career and technical programs of study 

(401) No similar provision is included in H.R. 366. 

House recedes 

(402) Identical provisions. 


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Legislative Counsel: similar or identical provision 

(403) The Senate bill changes the term ‘‘vocational’’ to ‘‘career’’

and includes upgrading technical skills. 

House recedes 

(404) The Senate bill, but not the House, includes continuing 

education or training through collaboration with the State workforce investment system. 

House recedes with amendment to read as follows: 

(16) to provide assistance to individuals who have participated in services and activities under this Act in continuing 

their education or training or finding an appropriate job, such 

as through referral to the system established under section 121 

of Public Law 105–220 (29 U.S.C. 2801 et seq.); 

(405) The Senate bill refers to ‘‘individuals.’’ The House bill refers to ‘‘students.’’

Senate recedes 

(406) The Senate bill, but not the House, includes mentoring 

and outreach. 

Senate recedes with amendment to read as follows: 

(17) to support training and activities (such as mentoring 

and outreach) in non-traditional fields; 

(407) No similar provision is included in S. 250. 

House recedes 

Report Language: The Conferees recognize that special populations, including single parents and displaced homemakers, may 

need direct assistance to be able to participate successfully in career and technical education. These supportive services include 

such services as transportation, child care, dependent care, tuition, 

books, and supplies and other services necessary to enable an individual to participate in career and technical education activities. 

Consistent with administrative guidance and prior interpretations 

of the Perkins Act, the Conferees believe that eligible agencies and 

eligible recipients should retain the flexibility to provide direct assistance to special populations under certain, limited conditions. 

In providing direct assistance, recipients of the assistance must 

be individuals who are members of special populations who are 

participating in career and technical education activities that are 

consistent with the goals and purposes of the Perkins Act. Funds 

must be used to supplement, not supplant, assistance that is otherwise available from non-Federal sources, and assistance may only 

be provided to an individual to the extent that it is needed to address barriers to the individual’s successful participation in career 

and technical education. 

(408) No similar provision is included in S. 250. 

House recedes 

(409) No similar provision is included in S. 250. 


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Senate recedes with amendment to read as follows: 

(18) to provide support for training programs in automotive 

technologies; 

Report Language: In an acknowledgement of the expanding 

role of technology in numerous career and technical occupations, 

the conference report allows, as a permissive use of local funds, 

support for training programs in automotive technologies such as 

diesel retrofitting, hybrid, hydrogen, and alternative fuel. 

(410) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

House and Senate recede with amendment to read as follows: (tied 

to notes 80 and 313) 

(19) to pool a portion of such funds with a portion of funds 

available to not less than 1 other eligible recipient for innovative initiatives, which may include— (A) improving the initial preparation and professional 

development of career and technical education teachers, faculty, administrators, and counselors; 

(B) establishing, enhancing, or supporting systems 

for— (i) accountability data collection under this Act; or 

(ii) reporting data under this Act; 

(C) implementing career and technical programs of 

study described in section 122(c)(1)(A); or 

(D) implementing technical assessments; and 

(20) to support other career and technical education activities that are consistent with the purpose of this Act. 

(411) Identical provisions. 

Legislative Counsel: similar or identical provision 

TITLE II—TECH PREP EDUCATION 

(412) The House bill, but not the Senate bill, repeals the tech 

prep program. 

House and Senate recede with amendment to read as follows: 

SEC. 201. STATE ALLOTMENT AND APPLICATION. 

(a) IN GENERAL.—For any fiscal year, the Secretary shall allot 

the amount made available under section 206 among the States in 

the same manner as funds are allotted to States under paragraph 

(2) of section 111(a). 

(b) PAYMENTS TO ELIGIBLE AGENCIES.—The Secretary shall 

make a payment in the amount of a State’s allotment under subsection (a) to the eligible agency that serves the State and has an 

application approved under subsection (c). 

(c) STATE APPLICATION.—Each eligible agency desiring an allotment under this title shall submit, as part of its State plan under 

section 122, an application that— (1) describes how activities under this title will be coordinated, to the extent practicable, with activities described in the 

State plan submitted under section 122; and 


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(2) contains such information as the Secretary may require. 

SEC. 202. CONSOLIDATION OF FUNDS. 

(a) IN GENERAL.—An eligible agency receiving an allotment 

under sections 111 and 201 may choose to consolidate all, or a portion of, funds received under section 201 with funds received under 

section 111 in order to carry out the activities described in the State 

plan submitted under section 122. 

(b) NOTIFICATION REQUIREMENT.—Each eligible agency that 

chooses to consolidate funds under this section shall notify the Secretary in the State plan submitted under section 122, of the eligible 

agency’s decision to consolidate funds under this section. 

(c) TREATMENT OF CONSOLIDATED FUNDS.—Funds consolidated 

under this section shall be considered as funds allotted under section 111 and shall be distributed in accordance with section 112. 

SEC. 203. TECH PREP PROGRAM. 

(a) GRANT PROGRAM AUTHORIZED.—

(1) IN GENERAL.—From amounts made available to each eligible agency under section 201, the eligible agency, in accordance with the provisions of this title, shall award grants, on a 

competitive basis or on the basis of a formula determined by the 

eligible agency, for tech prep programs described in subsection 

(c). The grants shall be awarded to consortia between or 

among—

(A) a local educational agency, an intermediate educational agency, educational service agency, or area career 

and technical education school, serving secondary school 

students, or a secondary school funded by the Bureau of Indian Affairs; and 

(B)(i) a nonprofit institution of higher education that—

(I)(aa) offers a 2-year associate degree program, or 

a 2-year certificate program; and 

(bb) is qualified as an institution of higher education pursuant to section 102 of the Higher Education 

Act of 1965, including—

(AA) an institution receiving assistance under 

the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.); and 

(BB) a tribally controlled postsecondary career 

and technical institution; or 

(II) offers a 2-year apprenticeship program that 

follows secondary education instruction, if such nonprofit institution of higher education is not prohibited 

from receiving assistance under part B of title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 

pursuant to the provisions of section 435(a)(2) of such 

Act (20 U.S.C. 1083(a)); or 

(ii) a proprietary institution of higher education that 

offers a 2-year associate degree program and is qualified as 

an institution of higher education pursuant to section 102 

of the Higher Education Act of 1965, if such proprietary institution of higher education is not subject to a default 

management plan required by the Secretary. 


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(2) SPECIAL RULE.—In addition, a consortium described in 

paragraph (1) may include 1 or more—

(A) institutions of higher education that award a baccalaureate degree; and 

(B) employers (including small businesses), business 

intermediaries or labor organizations; 

(b) DURATION.—Each consortium receiving a grant under this 

title shall use amounts provided under the grant to develop and operate a 4- or 6-year tech prep education program described in subsection (c). 

(c) CONTENTS OF TECH PREP PROGRAM.—Each tech prep program shall—

(1) be carried out under an articulation agreement between 

the participants in the consortium; 

(2) consist of a program of study that—

(A) combines—

(i) at a minimum 2 years of secondary education 

(as determined under State law); with—

(ii)(I) a minimum of 2 years of postsecondary education in a nonduplicative, sequential course of study; 

or 

(II) an apprenticeship program of not less than 2 

years following secondary education instruction; and 

(B) integrates academic and career and technical education instruction, and utilizes work-based and worksite 

learning experiences where appropriate and available; 

(C) provides technical preparation in a career field, including high skill, high wage, or high demand occupations; 

(D) builds student competence in technical skills and 

in core academic subjects (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965), as appropriate, through applied, contextual, and integrated instruction, in a coherent sequence of courses; 

(E) leads to technical skill proficiency, an industry-recognized credential, a certificate, or a degree, in a specific 

career field; 

(F) leads to placement in high skill or high wage employment, or to further education; and 

(G) utilizes career and technical education programs of 

study, to the extent practicable; 

(3) include the development of tech prep programs for both 

secondary and postsecondary, including consortium, participants in the consortium that—

(A) meet academic standards developed by the State; 

(B) link secondary schools and 2-year postsecondary institutions, and if possible and practicable, 4-year institutions of higher education through—

(i) nonduplicative sequences of courses in career 

fields; 

(ii) the use of articulation agreements; and 

(iii) the investigation of opportunities for tech prep 

secondary education students to enroll concurrently in 

secondary and postsecondary coursework; 


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(C) use, if appropriate and available, work-based or 

worksite learning experiences in conjunction with business 

and all aspects of an industry; and 

(D) use educational technology and distance learning, 

as appropriate, to involve all the consortium partners more 

fully in the development and operation of programs; 

(4) include in-service professional development for teachers, 

faculty and administrators that— (A) supports effective implementation of tech prep programs; 

(B) supports joint training in the tech prep consortium; 

(C) supports the needs, expectations, and methods of 

business and all aspects of an industry; 

(D) supports the use of contextual and applied curricula, instruction, and assessment; 

(E) supports the use and application of technology; and 

(F) assists in accessing and utilizing data, information 

available pursuant to section 118, and information on student achievement, including assessments; 

(5) include professional development programs for counselors designed to enable counselors to more effectively— (A) provide information to students regarding tech prep 

education programs; 

(B) support student progress in completing tech prep 

programs, which may include the use of graduation and 

career plans; 

(C) provide information on related employment opportunities; 

(D) ensure that students are placed in appropriate employment or further postsecondary education; 

(E) stay current with the needs, expectations, and 

methods of business and all aspects of an industry; and 

(F) provide comprehensive career guidance and academic counseling to participating students, including special populations; 

(6) provide equal access, to the full range of technical preparation programs (including preapprenticeship programs), to 

individuals who are members of special populations, including 

the development of tech prep program services appropriate to 

the needs of special populations; 

(7) provide for preparatory services that assist participants 

in tech prep programs; and 

(8) coordinate with activities conducted under title I. 

(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech prep program may—

(1) provide for the acquisition of tech prep program equipment; 

(2) acquire technical assistance from State or local entities 

that have designed, established, and operated tech prep programs that have effectively used educational technology and 

distance learning in the delivery of curricula and services; 

(3) establish articulation agreements with institutions of 

higher education, labor organizations, or businesses located inside or outside the State and served by the consortium, espeVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00143 Fmt 6601 Sfmt 6603 E:\HR\OC\HR597.XXX HR597

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cially with regard to using distance learning and educational 

technology to provide for the delivery of services and programs; 

(4) improve career guidance and academic counseling for 

participating students through the development and implementation of graduation and career plans; and 

(5) develop curriculum that supports effective transitions 

between secondary and postsecondary career and technical education programs. 

(e) PERFORMANCE INDICATORS AND ACCOUNTABILITY.—

(1) IN GENERAL.—Each consortium shall establish and report to the eligible agency indicators of performance for each 

tech prep program for which the consortium receives a grant 

under this title. The indicators of performance shall include the 

following: 

(A) The number of secondary education and postsecondary education tech prep students served. 

(B) The number and percent of secondary education 

tech prep students enrolled in the tech prep program who—

(i) enroll in postsecondary education; 

(ii) enroll in postsecondary education in the same 

field or major as the secondary education tech prep students were enrolled at the secondary level; 

(iii) complete a State or industry-recognized certification or licensure; 

(iv) successfully complete, as a secondary school 

student, courses that award postsecondary credit at the 

secondary level; and 

(v) enroll in remedial mathematics, writing, or 

reading courses upon entering postsecondary education. 

(C) The number and percent of postsecondary education tech prep students who—

(i) are placed in a related field of employment not 

later than 12 months after graduation from the tech 

prep program; 

(ii) complete a State or industry-recognized certification or licensure; 

(iii) complete a two-year degree or certificate program within the normal time for completion of such 

program; 

(iv) complete a baccalaureate degree program within the normal time for completion of such program. 

(2) NUMBER AND PERCENT.—For purposes of subparagraphs 

(B) and (C) of paragraph (1), the numbers and percentages 

shall be determined separately with respect to each clause of 

each subparagraph. 

SEC. 204. CONSORTIUM APPLICATIONS. 

(a) IN GENERAL.—Each consortium that desires to receive a 

grant under this title shall submit an application to the eligible 

agency at such time and in such manner as the eligible agency shall 

prescribe. 

(b) PLAN.—Each application submitted under this section shall 

contain a 6-year plan for the development and implementation of 


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tech prep programs under this title, which plan shall be reviewed 

after the second year of the plan. 

(c) APPROVAL.—The eligible agency shall approve applications 

under this title based on the potential of the activities described in 

the application to create an effective tech prep program. 

(d) SPECIAL CONSIDERATION.—The eligible agency, as appropriate, shall give special consideration to applications that—

(1) provide for effective employment placement activities or 

the transfer of students to baccalaureate or advanced degree 

programs; 

(2) are developed in consultation with business, industry, 

institutions of higher education, and labor organizations; 

(3) address effectively the issues of school dropout prevention and reentry, and the needs of special populations; 

(4) provide education and training in an area or skill, including an emerging technology, in which there is a significant 

workforce shortage based on the data provided by the eligible 

entity in the State under section 118; 

(5) demonstrate how tech prep programs will help students 

meet high academic and employability competencies; and 

(6) demonstrate success in, or provide assurances of, coordination and integration with eligible recipients described in part 

C of title I. 

(e) PERFORMANCE MEASURES.—

(1) IN GENERAL.—Each consortium receiving a grant under 

this title shall enter into an agreement with the eligible agency 

to meet a minimum level of performance for each of the performance indicators described in sections 113(b) and 203(e). 

(2) RESUBMISSION OF APPLICATION; TERMINATION OF

FUNDS.—An eligible agency—

(A) shall require consortia that do not meet the performance levels described in paragraph (1) for 3 consecutive 

years to resubmit an application to the eligible agency for 

a tech prep grant; and 

(B) may choose to terminate the funding for the tech 

prep program for a consortium that does not meet the performance levels described in paragraph (1) for 3 consecutive 

years, including when the grants are made on the basis of 

a formula determined by the eligible agency. 

(f) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In awarding 

grants under this title, the eligible agency shall ensure an equitable 

distribution of assistance between or among urban and rural participants in the consortium. 

SEC. 205. REPORT. 

Each eligible agency that receives an allotment under this title 

annually shall prepare and submit to the Secretary a report on the 

effectiveness of the tech prep programs assisted under this title, including a description of how grants were awarded within the State. 

SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

such sums as may be necessary for fiscal year 2007 and each of the 

succeeding 5 fiscal years. 


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TITLE III—GENERAL PROVISIONS 

PART A—FEDERAL ADMINISTRATIVE PROVISIONS 

Sec. 311. Fiscal requirements 

(413) Identical provisions. 

Legislative Counsel: similar or identical provision 

(414) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(415) The Senate bill, but not the House, shifts the maintenance of effort to a three year rolling average. 

Senate recedes 

Report Language: The conferees intend that the provisions described in section 211(b) be implemented in a manner that does not 

impose undue hardship on states as a function of how they administer and fund career and technical education programs. 

(416) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

(417) The House bill, but not the Senate, defines ‘‘preceding fiscal year.’’

House recedes 

Sec. 312. Authority to make payments 

(418) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 313. Construction 

(419) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 314. Voluntary selection and participation 

(420) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

Sec. 315. Limitation for certain students 

(421) The Senate bill changes the term ‘‘vocational’’ to ‘‘career.’’

House recedes 

Sec. 316. Federal laws guaranteeing civil rights 

(422) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 317. Participation of private school personnel and children 

(423) The House bill, but not the Senate bill, includes provisions for the participation of private school children. The Senate 

bill retains and modifies the current law section on the participaVerDate Aug 31 2005 06:52 Jul 28, 2006 Jkt 049006 PO 00000 Frm 00146 Fmt 6601 Sfmt 6601 E:\HR\OC\HR597.XXX HR597

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tion of private school personnel. The House bill also incorporates 

participation of private school personnel into the new participation 

of private school children language. 

House and Senate recede with amendment to read as follows: 

SEC. 217. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND CHILDREN. 

(a) PERSONNEL.—An eligible agency or eligible recipient that 

uses funds under this Act for in-service and preservice career and 

technical education professional development programs for career 

and technical education teachers, administrators, and other personnel shall, to the extent practicable, upon written request, permit 

the participation in such programs of career and technical education secondary teachers, administrators, and other personnel in 

nonprofit private schools offering career and technical secondary 

education programs located in the geographical area served by such 

agency or recipient. 

(b) STUDENT PARTICIPATION.—

(1) STUDENT PARTICIPATION.—Except as prohibited by State 

or local law, an eligible recipient may, upon written request, use 

funds made available under this Act to provide for the meaningful participation, in career and technical education programs and activities receiving funding under this Act, of secondary school students attending nonprofit private schools who 

reside in the geographical area served by the eligible recipient. 

(2) CONSULTATION.—An eligible recipient shall consult, 

upon written request, in a timely and meaningful manner with 

representatives of nonprofit private schools in the geographic 

area served by such recipient under paragraph (1) regarding 

the meaningful participation, in career and technical education 

programs and activities receiving funding under this Act, of secondary school students attending nonprofit private schools. 

Report Language: The Conferees do not intend for the language in Sec. 217 (a) to preclude an eligible agency or eligible recipient from offering professional development programs to nonprofit private school personnel on their own initiative, without a 

written request from the nonprofit private school personnel. 

PART B—STATE ADMINISTRATIVE PROVISIONS 

Sec. 321. Joint funding 

(424) Identical provisions. 

Legislative Counsel: similar or identical provision 

(425) Identical provisions. 

Legislative Counsel: similar or identical provision 

(426) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 322. Prohibition on use of funds to induce out-of-State relocation of businesses 

(427) Identical provisions. 


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Legislative Counsel: similar or identical provision 

Sec. 323. State administrative costs 

(428) Identical provisions. 

Legislative Counsel: similar or identical provision 

(429) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 324. Limitation on federal regulations 

(430) Identical provisions. 

Legislative Counsel: similar or identical provision 

Sec. 325. Student assistance and other federal programs 

(431) Identical provisions. 

Legislative Counsel: similar or identical provision 

(432) The Senate bill changes ‘‘vocational’’ to ‘‘career.’’

House recedes 

HOWARD P. ‘‘BUCK’’ MCKEON, 

MIKE CASTLE, 

MARK SOUDER, 

TOM OSBORNE, 

MARILYN MUSGRAVE, 

GEORGE MILLER, 

LYNN WOOLSEY, 

RON KIND, 

Managers on the Part of the House. 

MICHAEL B. ENZI, 

JUDD GREGG, 

WILLIAM H. FRIST, 

LAMAR ALEXANDER, 

RICHARD M. BURR, 

JOHNNY ISAKSON, 

MIKE DEWINE, 

JOHN ENSIGN, 

ORRIN HATCH, 

JEFF SESSIONS, 

PAT ROBERTS, 

TED KENNEDY, 

TOM HARKIN, 

BARBARA A. MIKULSKI, 

PATTY MURRAY, 

JACK REED, 

HILLARY RODHAM CLINTON, Managers on the Part of the Senate. 

Æ 


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