PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 683

Public Law 109–270

109th Congress

An Act

To amend the Carl D. Perkins Vocational and Technical Education Act of 1998

to improve the Act.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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.

‘‘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.

20 USC 2301

note.

Carl D. Perkins

Career and

Technical

Education

Improvement Act

of 2006.

20 USC 2301

note.

Aug. 12, 2006

[S. 250]

120 STAT. 684 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘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;

‘‘(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

20 USC 2301.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 685

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

regular 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—

20 USC 2302.

120 STAT. 686 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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

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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 687

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 career and technical education in the State or for the supervision 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—

120 STAT. 688 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 689

‘‘(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;

‘‘(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;

120 STAT. 690 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘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

20 USC 2306a.

20 USC 2306.

20 USC 2305.

20 USC 2304.

20 USC 2303.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 691

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 CERTIFI- CATION 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.—

‘‘(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

20 USC 2321.

20 USC 2307.

120 STAT. 692 PUBLIC LAW 109–270—AUG. 12, 2006

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

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 693

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

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); 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

120 STAT. 694 PUBLIC LAW 109–270—AUG. 12, 2006

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 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

Regulations.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 695

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

‘‘(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.

20 USC 2322.

120 STAT. 696 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘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

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).

20 USC 2323.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 697

‘‘(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 POSTSEC- ONDARY 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

identify 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

120 STAT. 698 PUBLIC LAW 109–270—AUG. 12, 2006

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.

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 699

‘‘(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

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.

Criteria.

120 STAT. 700 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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 INDICA- TORS.—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

Criteria.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 701

‘‘(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—

‘‘(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;

Public

information.

120 STAT. 702 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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, DISSEMINATION, 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

Reports.

Reports.

20 USC 2324.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 703

‘‘(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;

‘‘(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;

120 STAT. 704 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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

career 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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 705

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—

‘‘(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

Grants.

Contracts.

Establishment.

120 STAT. 706 PUBLIC LAW 109–270—AUG. 12, 2006

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

‘‘(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

Grants.

20 USC 2325.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 707

‘‘(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

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

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 SelfDetermination 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

20 USC 2326.

120 STAT. 708 PUBLIC LAW 109–270—AUG. 12, 2006

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 Bureaufunded 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.

‘‘(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

Plan.

Grants.

Contracts.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 709

this subsection may apply individually or as part of a consortium with another such Indian tribe, tribal organization, or

Bureau-funded 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.

‘‘(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

120 STAT. 710 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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

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.

20 USC 2327.

Grants.

Contracts.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 711

‘‘(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 programs 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

120 STAT. 712 PUBLIC LAW 109–270—AUG. 12, 2006

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

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

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 713

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.

‘‘(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

Grants.

20 USC 2328.

120 STAT. 714 PUBLIC LAW 109–270—AUG. 12, 2006

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 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).

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 715

‘‘(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 WagnerPeyser 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.

‘‘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.—

20 USC 2342.

20 USC 2341.

120 STAT. 716 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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

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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 717

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;

‘‘(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

120 STAT. 718 PUBLIC LAW 109–270—AUG. 12, 2006

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

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;

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 719

‘‘(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 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

120 STAT. 720 PUBLIC LAW 109–270—AUG. 12, 2006

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) 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;

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 721

‘‘(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

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.—

20 USC 2343.

120 STAT. 722 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 723

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

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—

20 USC 2344.

120 STAT. 724 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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—

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 725

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

‘‘(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;

120 STAT. 726 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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

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);

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 727

‘‘(11) providing for activities to support entrepreneurship

education and training;

‘‘(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.

20 USC 2351.

120 STAT. 728 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 729

shall allocate funds to a local educational agency that serves

only elementary 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

be used only for purposes and programs that are mutually

120 STAT. 730 PUBLIC LAW 109–270—AUG. 12, 2006

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.

‘‘(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.

20 USC 2352.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 731

‘‘(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

with an eligible institution or consortium thereof that receives

assistance under section 132, to carry out career and technical

20 USC 2353.

120 STAT. 732 PUBLIC LAW 109–270—AUG. 12, 2006

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;

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

understanding of, all aspects of an industry;

Requirements.

20 USC 2354.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 733

‘‘(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;

‘‘(11) describe how career guidance and academic counseling

will be provided to career and technical education students,

120 STAT. 734 PUBLIC LAW 109–270—AUG. 12, 2006

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

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—

20 USC 2355.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 735

‘‘(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

‘‘(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—

120 STAT. 736 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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 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;

‘‘(13) to develop and support small, personalized careerthemed learning communities;

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 737

‘‘(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).

‘‘(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.

20 USC 2371.

120 STAT. 738 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘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

‘‘(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

20 USC 2373.

20 USC 2372.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 739

‘‘(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

‘‘(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;

120 STAT. 740 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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;

‘‘(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.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 741

‘‘(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.

‘‘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;

20 USC 2374.

Reports.

120 STAT. 742 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘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.

20 USC 2391.

20 USC 2376.

20 USC 2375.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 743

‘‘(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 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—

20 USC 2394.

20 USC 2393.

20 USC 2392.

120 STAT. 744 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(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.

‘‘(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.

20 USC 2398.

20 USC 2397.

20 USC 2396.

20 USC 2395.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 745

‘‘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.

‘‘(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.

20 USC 2413.

20 USC 2412.

Definition.

Definition.

20 USC 2411.

120 STAT. 746 PUBLIC LAW 109–270—AUG. 12, 2006

‘‘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

(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

20 USC 2414.

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 747

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

Vocational 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’’;

120 STAT. 748 PUBLIC LAW 109–270—AUG. 12, 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

(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

PUBLIC LAW 109–270—AUG. 12, 2006 120 STAT. 749

LEGISLATIVE HISTORY—S. 250 (H.R. 366):

HOUSE REPORTS: Nos. 109–25 accompanying H.R. 366 (Comm. on Education and

the Workforce) and 109–597 (Comm. of Conference).

SENATE REPORTS: No. 109–65 (Comm. on Health, Education, Labor, and Pensions).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Mar. 10, considered and passed Senate.

Vol. 152 (2006): July 12, considered and passed House, amended, in lieu of

H.R. 366.

July 26, Senate agreed to conference report.

July 27, 28, House considered and agreed to conference

report.

Æ

(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’’.

Approved August 12, 2006.