I

104TH CONGRESS

1ST SESSION H. R. 1426

To assist States and secondary and postsecondary schools to develop, implement, and improve school-to-work opportunities systems so that all students have an opportunity to acquire the knowledge and skills needed

to meet challenging State academic standards and industry-based skill

standards and to prepare for postsecondary education, further learning,

and a wide range of opportunities in high-skill, high-wage careers, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. CLAY (for himself and Mr. WILLIAMS) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities

A BILL

To assist States and secondary and postsecondary schools

to develop, implement, and improve school-to-work opportunities systems so that all students have an opportunity

to acquire the knowledge and skills needed to meet challenging State academic standards and industry-based

skill standards and to prepare for postsecondary education, further learning, and a wide range of opportunities in high-skill, high-wage careers, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1426 IH

1 That this Act may be cited as the ‘‘Career Preparation

2 Education Reform Act of 1995’’.

3 TITLE I—AMENDMENTS TO THE CARL D. PER4 KINS VOCATIONAL AND APPLIED TECH5 NOLOGY EDUCATION ACT

6 AMENDMENT TO THE ACT

7 SEC. 101. The Carl D. Perkins Vocational and Ap8 plied Technology Education Act (20 U.S.C. 2301 et seq.;

9 hereinafter referred to as ‘‘the Act’’) is amended in its

10 entirety to read as follows:

11 ‘‘SHORT TITLE; TABLE OF CONTENTS

12 ‘‘SECTION 1. (a) SHORT TITLE.—This Act may be

13 cited as the ‘Carl D. Perkins Career Preparation Edu14 cation Act’.

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

16 for this Act is as follows:

‘‘TABLE OF CONTENTS

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Declaration of policy, findings, and purpose.

‘‘Sec. 3. Authorization of appropriations.

‘‘TITLE I—PREPARING STUDENTS FOR CAREERS

‘‘PART A—IMPROVING STATE AND LOCAL PROGRAMS

‘‘Sec. 101. Priorities.

‘‘Sec. 102. State leadership activities.

‘‘Sec. 103. Local activities.

‘‘Sec. 104. Combination of funds.

‘‘Sec. 105. State plans.

‘‘Sec. 106. State administration.

‘‘Sec. 107. Local applications.

‘‘Sec. 108. Performance goals and indicators.

‘‘Sec. 109. Evaluation, improvement, and accountability.

‘‘PART B—ALLOCATING STATE AND LOCAL RESOURCES
3

HR 1426 IH

‘‘Sec. 111. Allotments.

‘‘Sec. 112. Within-State allocation.

‘‘Sec. 113. Distribution of funds.

‘‘TITLE II—NATIONAL SUPPORT FOR STATE AND LOCAL

REFORMS

‘‘Sec. 201. Awards for excellence.

‘‘Sec. 202. National activities.

‘‘Sec. 203. National assessment.

‘‘Sec. 204. National research center.

‘‘Sec. 205. Data systems.

‘‘Sec. 206. Career preparation for Indians and Native Hawaiians.

‘‘TITLE III—GENERAL PROVISIONS

‘‘Sec. 301. Waivers.

‘‘Sec. 302. Effect of Federal payments.

‘‘Sec. 303. Identification of State-imposed requirements.

‘‘Sec. 304. Out-of-State relocations.

‘‘Sec. 305. Definitions.

1 ‘‘DECLARATION OF POLICY, FINDINGS, AND PURPOSE

2 ‘‘SEC. 2. (a) DECLARATION OF POLICY.—The Con3 gress declares it to be the policy of the United States that,

4 in order to meet new economic challenges brought about

5 by changing technologies and increasing international eco6 nomic competition, the Nation must put in place a system

7 that enables all students to obtain the education needed

8 to pursue productive and adaptable careers.

9 ‘‘(b) DECLARATION OF FINDINGS.—The Congress

10 finds that—

11 ‘‘(1) although employment and earnings in12 creasingly depend on educational attainment and the

13 ability to acquire and transfer skills among jobs in

14 broad clusters of occupations or industry sectors, a

15 majority of high school graduates in the United

16 States lack sufficient curriculum focus to prepare
4

HR 1426 IH

1 them for completing a two-year or four-year college

2 degree or for entering careers with a high-skill, high3 wage potential;

4 ‘‘(2) enactment of the Goals 2000: Educate

5 America Act has helped to establish a new frame6 work for education reform, based on challenging

7 State academic standards and industry-based skill

8 standards for all students;

9 ‘‘(3) enactment of the School-to-Work Opportu10 nities Act of 1994 has helped to catalyze the devel11 opment, in all States, of statewide systems offering

12 opportunities for all students to participate in

13 school-based, work-based, and connecting activities

14 leading to postsecondary education, further learning,

15 and first jobs in high-skill, high-wage careers;

16 ‘‘(4) the GI Bill for America’s Workers, of

17 which this Act is a key component, will further

18 strengthen the capacity of States, schools, and busi19 nesses, working together, to upgrade the skills of

20 youth and to prepare them for high-wage careers;

21 ‘‘(5) local, State, and national programs sup22 ported under the Carl D. Perkins Vocational and

23 Applied Technology Education Act have assisted

24 many students in obtaining occupational and aca25 demic skills, as well as employment, but now these
5

HR 1426 IH

1 programs must become part of the larger reforms

2 taking place under the School-to-Work Opportunities

3 Act of 1994;

4 ‘‘(6) when properly aligned with related Federal

5 statutes and the broader reforms that States and lo6 calities carry out under the Goals 2000: Educate

7 America Act, this Act can enhance the capacity of

8 States to establish school-to-work opportunities sys9 tems that serve all students, enable a greater num10 ber of students to achieve to challenging State aca11 demic standards and industry-based skill standards,

12 and contribute to enabling all Americans to prosper

13 in a highly competitive, technological economy;

14 ‘‘(7) certain individuals (including students with

15 disabilities, educationally or economically disadvan16 taged students, students of limited English pro17 ficiency, incarcerated youth, migrant children, foster

18 children, school dropouts, and women) often face

19 great challenges in acquiring the academic knowl20 edge and occupational skills needed for successful

21 employment and thus may need special assistance

22 and services to allow them to participate fully in ca23 reer preparation activities;

24 ‘‘(8) Federal resources currently support a

25 maze of employment-related education and training
6

HR 1426 IH

1 programs that are often focused on specific content

2 areas or populations, have conflicting or overlapping

3 requirements, and are not administered in an inte4 grated manner, thus inhibiting the capacity of State

5 and local administrators to implement programs that

6 meet the needs of individual States and localities;

7 ‘‘(9) the Federal Government can—through a

8 performance partnership with States and localities

9 based on clear programmatic goals, increased State

10 and local flexibility, improved accountability, and

11 performance goals, indicators, and incentives—pro12 vide to States and localities financial assistance for

13 the expansion of school-to-work opportunities sys14 tems in all States, as well as for services and activi15 ties that ensure that all students, including students

16 with special needs, have full access to the programs

17 offered through those systems; and

18 ‘‘(10) the Federal Government can also assist

19 States and localities by carrying out nationally sig20 nificant research, development, demonstration, dis21 semination, evaluation, capacity-building, data col22 lection, training, and technical assistance activities

23 that support State and local efforts to implement

24 successfully services and activities that are funded

25 under this Act, as well as to implement State and
7

HR 1426 IH

1 local career preparation activities that are supported

2 with their own resources.

3 ‘‘(c) DECLARATION OF PURPOSE.—The purpose of

4 this Act is to assist all students, through a performance

5 partnership with States and localities, to acquire the

6 knowledge and skills they need to meet challenging State

7 academic standards and industry-based skill standards

8 and to prepare for postsecondary education, further learn9 ing, and a wide range of opportunities in high-skill, high10 wage careers. This purpose shall be pursued through sup11 port for State and local efforts that—

12 ‘‘(1) build on the efforts of States and localities

13 under the School-to-Work Opportunities Act, as well

14 as the Goals 2000: Educate America Act and other

15 legislation;

16 ‘‘(2) integrate reforms of vocational education

17 with overall State reforms of academic preparation

18 in schools;

19 ‘‘(3) promote, in particular, the development of

20 activities and services that integrate academic and

21 occupational instruction, link secondary and post22 secondary education, link school-based and work23 based learning, coordinate efforts for in-school and

24 out-of-school youth, and enable students to complete

25 career majors in broad occupational clusters;
8

HR 1426 IH

1 ‘‘(4) increase State and local flexibility in pro2 viding services and activities designed to develop, im3 plement, and improve school-to-work opportunities

4 systems, as well as integrating these services and ac5 tivities with services and activities supported with

6 other Federal, State, and local funds, such as those

7 under the Job Training Partnership Act, in ex8 change for clear accountability for results;

9 ‘‘(5) provide all students, including students

10 who are members of special populations, with the op11 portunity to participate in the full range of career

12 preparation services and activities; and

13 ‘‘(6) benefit from national research, develop14 ment, demonstration, dissemination, evaluation, ca15 pacity-building, data collection, training, and tech16 nical assistance activities supporting the develop17 ment, implementation, and improvement of school18 to-work opportunities systems.

19 ‘‘AUTHORIZATION OF APPROPRIATIONS

20 ‘‘SEC. 3. (a) STATE AND LOCAL ACTIVITIES.—There

21 are authorized to be appropriated to carry out title I, sec22 tion 201, section 206(a), and section 206(d) of this Act

23 $1,141,088,000 for the fiscal year 1996 and such sums

24 as may be necessary for each of the fiscal years 1997

25 through 2005.
9

HR 1426 IH

1 ‘‘(b) NATIONAL ACTIVITIES.—There are authorized

2 to be appropriated to carry out title II, except sections

3 201, 206(a), and 206(d) of this Act, $37,000,000 for the

4 fiscal year 1996 and such sums as may be necessary for

5 each of the fiscal years 1997 through 2005.

6 ‘‘TITLE I—PREPARING STUDENTS FOR

7 CAREERS

8 ‘‘PART A—IMPROVING STATE AND LOCAL PROGRAMS

9 ‘‘PRIORITIES

10 ‘‘SEC. 101. In order to prepare students for a wide

11 range of opportunities in high-skill, high-wage careers,

12 funds under this title shall be used to support the develop13 ment, implementation, and improvement of school-to-work

14 opportunities systems in secondary and postsecondary

15 schools, as set forth in title I of the School-to-Work Op16 portunities Act of 1994. States and local recipients shall

17 give priority to services and activities designed to—

18 ‘‘(1) ensure that all students, including stu19 dents who are members of special populations, have

20 the opportunity to achieve to challenging State aca21 demic standards and industry-based skill standards;

22 ‘‘(2) promote the integration of academic and

23 vocational education;

24 ‘‘(3) support career majors in broad occupa25 tional clusters or industry sectors;
10

HR 1426 IH

1 ‘‘(4) effectively link secondary and postsecond2 ary education;

3 ‘‘(5) provide students, to the extent possible,

4 with strong experience in, and understanding of, all

5 aspects of the industry they are preparing to enter;

6 ‘‘(6) combine school-based and work-based in7 struction, including instruction in general workplace

8 competencies;

9 ‘‘(7) provide school-site and workplace

10 mentoring; and

11 ‘‘(8) provide career guidance and counseling for

12 students at the earliest possible age, including the

13 provision of career awareness, exploration, and guid14 ance information to students and their parents that

15 is, to the extent possible, in a language and form

16 that the students and their parents understand.

17 ‘‘STATE LEADERSHIP ACTIVITIES

18 ‘‘SEC. 102. Each State that receives a grant under

19 this title shall, from amounts reserved for State leadership

20 activities under section 112(c), conduct services and activi21 ties that further the development, implementation, and im22 provement of its statewide school-to-work opportunities

23 system and that are integrated, to the maximum extent

24 possible, with broader educational reforms underway in

25 the State as well as activities the State carries out under

26 the Goals 2000: Educate America Act, the School-to-Work
11

HR 1426 IH

1 Opportunities Act of 1994, title II of the Job Training

2 Partnership Act, and the Elementary and Secondary Edu3 cation Act of 1965, including such activities as—

4 ‘‘(1) providing comprehensive professional de5 velopment for vocational teachers, academic teach6 ers, and career guidance personnel that—

7 ‘‘(A) will help such teachers and personnel

8 to meet the goals established by the State

9 under section 108; and

10 ‘‘(B) reflects the State’s assessment of its

11 needs for professional development, as deter12 mined under section 2205(b)(2)(C) the Elemen13 tary and Secondary Education Act of 1965, and

14 is integrated with the professional development

15 activities that the State carries out under title

16 II of that Act;

17 ‘‘(2) developing and disseminating curricula

18 that are aligned, as appropriate, with challenging

19 State academic standards and industry-based skill

20 standards;

21 ‘‘(3) monitoring and evaluating the quality of,

22 and improvement in, services and activities con23 ducted with assistance under this Act;

24 ‘‘(4) promoting equity in secondary and post25 secondary education and, to the maximum extent
12

HR 1426 IH

1 possible, ensuring opportunities for all students, in2 cluding students who are members of special popu3 lations, as well as single parents and single, preg4 nant women, to participate in education activities

5 that are free from sexual and other harassment and

6 that lead to high-skill, high-wage careers;

7 ‘‘(5) improving career guidance and counseling

8 for students, including use of one-stop career cen9 ters;

10 ‘‘(6) expanding and improving the use of edu11 cational technology;

12 ‘‘(7) supporting partnerships of local edu13 cational agencies, institutions of higher education,

14 and, as appropriate, other entities, such as employ15 ers, labor organizations, and community-based orga16 nizations, to provide models, such as youth develop17 ment partnerships as described in section 202(a)(3)

18 and tech-prep education, for enabling all students,

19 including students who are members of special popu20 lations, to achieve to challenging State academic

21 standards and industry-based skill standards;

22 ‘‘(8) promoting the dissemination and use of oc23 cupational information, including use of one-stop ca24 reer centers;
13

HR 1426 IH

1 ‘‘(9) providing financial incentives or awards to

2 one or more local recipients in recognition of exem3 plary quality or innovation in education services and

4 activities, or exemplary services and activities for

5 students who are members of special populations, as

6 determined by the State through a peer review proc7 ess, using performance goals and indicators de8 scribed in section 108 or other appropriate criteria;

9 ‘‘(10) supporting vocational student organiza10 tions, especially with respect to efforts to increase

11 the participation of students who are members of

12 special populations in such organizations;

13 ‘‘(11) serving special populations and individ14 uals in State institutions, such as State correctional

15 institutions and institutions that serve individuals

16 with disabilities.

17 ‘‘LOCAL ACTIVITIES

18 ‘‘SEC. 103. (a) GENERAL REQUIREMENTS.—Each

19 local recipient that receives a subgrant under this title

20 shall use funds to—

21 ‘‘(1) conduct services and activities that further

22 the development, implementation, and improvement

23 of the school-to-work opportunities system in the

24 State;

25 ‘‘(2) provide services and activities that are of

26 sufficient size, scope, and quality to be effective; and
14

HR 1426 IH

1 ‘‘(3) focus assistance under this title on schools

2 or campuses that serve the highest numbers or per3 centages of students who are members of special

4 populations.

5 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local recipient

6 that receives a subgrant under this title may use funds

7 to—

8 ‘‘(1) provide services and activities that promote

9 the priorities described in section 101, such as—

10 ‘‘(A) developing curricula, including estab11 lishing and expanding career majors;

12 ‘‘(B) acquiring and adapting equipment,

13 including instructional aids;

14 ‘‘(C) providing professional development

15 activities;

16 ‘‘(D) providing services, directly or through

17 community-based organizations, such as cur18 riculum modification, equipment modification,

19 classroom modification, supportive personnel,

20 instructional aids and devices, guidance, career

21 information, English language instruction, and

22 child care, to meet the education needs of stu23 dents who are members of special populations;

24 ‘‘(E) providing tech-prep education services

25 and activities;
15

HR 1426 IH

1 ‘‘(F) carrying out activities that ensure ac2 tive and continued involvement of business and

3 labor in the development, implementation, and

4 improvement of a school-to-work opportunities

5 system in the State;

6 ‘‘(G) matching students with the work7 based learning opportunities of employers; and

8 ‘‘(H) providing assistance to students who

9 have participated in services and activities

10 under this Act in finding an appropriate job

11 and continuing their education and training;

12 and

13 ‘‘(2) carry out other services and activities that

14 meet the purpose of this Act.

15 ‘‘(c) EVALUATION ACTIVITIES.—In order to improve

16 educational practices and performance of all students, in17 cluding students who are members of special populations,

18 each local recipient that receives a subgrant under this

19 title may use such funds to carry out the evaluation under

20 section 109(a)(1) or 109(a)(2).

21 ‘‘(d) EQUIPMENT.—Equipment acquired or adapted

22 with funds under this title may be used for other instruc23 tional purposes when not being used to carry out this title

24 if such acquisition or adaptation was reasonable and nec25 essary for providing services or activities under this title
16

HR 1426 IH

1 and such other use is incidental to, does not interfere with,

2 and does not add to the cost of, the use of such equipment

3 under this title.

4 ‘‘COMBINATION OF FUNDS

5 ‘‘SEC. 104. (a) IN GENERAL.—In order to develop,

6 implement, and improve school-to-work opportunities sys7 tems, States and local recipients that are assisted under

8 this Act may combine funds from programs listed in sub9 section (e) in accordance with subsections (b) through (d).

10 ‘‘(b) STATE LEADERSHIP ACTIVITIES.—A State may

11 combine funds authorized under section 112(c) with funds

12 available for State leadership activities under one or more

13 of the programs listed in subsection (e) in order to carry

14 out State leadership activities that are authorized under

15 this title as well as under such other program or pro16 grams.

17 ‘‘(c) LOCAL ACTIVITIES.—A local recipient may com18 bine funds authorized under section 112(a) with funds

19 available for services and activities related to the develop20 ment, implementation, or improvement of school-to-work

21 opportunities systems in one or more of the programs list22 ed in subsection (e) in order to provide services and activi23 ties that are authorized under this title as well as under

24 such other program or programs.

25 ‘‘(d) ADMINISTRATION.—Nothing in this section shall

26 be construed to—
17

HR 1426 IH

1 ‘‘(1) require a State or local recipient under

2 this Act to maintain separate records tracing any

3 services or activities conducted with funds combined

4 under this section to the individual program or pro5 grams listed in subsection (e) under which funds

6 were authorized; or

7 ‘‘(2) waive or amend any requirement of the

8 programs listed in subsection (e), except as author9 ized in section 301.

10 ‘‘(e) INCLUDED PROGRAMS.—Funds may be com11 bined for programs, services, or activities authorized

12 under—

13 ‘‘(1) this Act;

14 ‘‘(2) the School-to-Work Opportunities Act of

15 1994;

16 ‘‘(3) the Goals 2000: Educate America Act;

17 ‘‘(4) the Elementary and Secondary Education

18 Act of 1965; and

19 ‘‘(5) the Job Training Partnership Act.

20 ‘‘STATE PLANS

21 ‘‘SEC. 105. (a) STATE PLAN.—Any State desiring to

22 receive a grant under section 111(f) for any fiscal year

23 shall submit to, or have on file with, the Secretary a five24 year State plan in accordance with this section. The State

25 may submit its State plan as part of a comprehensive plan

26 that may include State plan provisions under the Goals
18

HR 1426 IH

1 2000: Educate America Act, the School-to-Work Opportu2 nities Act of 1994, section 14302 of the Elementary and

3 Secondary Education Act of 1965, the Job Training Part4 nership Act, and any other Federal education and training

5 program. If the State has an approved State plan under

6 section 213(d) of the School-to-Work Opportunities Act

7 of 1994, it shall base its plan under this section on that

8 plan. If the State does not have an approved plan under

9 section 213(d) of the School-to-Work Opportunities Act

10 of 1994, it shall base its plan under this section on an

11 objective assessment of its progress in developing, imple12 menting, and improving its school-to-work opportunities

13 system and in meeting the priorities described in section

14 101.

15 ‘‘(b) APPROVALS.—(1) Notwithstanding the designa16 tion of the responsible agency or agencies under section

17 112, the agencies that shall approve the State plan under

18 subsection (a) are—

19 ‘‘(A) the State educational agency; and

20 ‘‘(B) each of the State agencies responsible for

21 higher education (including community colleges) that

22 the State chooses.

23 ‘‘(2) The Secretary shall approve a State plan under

24 subsection (a) if the plan meets the requirements of this

25 section and is of sufficient quality to meet the purpose
19

HR 1426 IH

1 of this Act. The Secretary shall establish a peer review

2 process to make recommendations regarding approval of

3 the State plan and revisions to the plan. The Secretary

4 shall not finally disapprove a State plan before giving the

5 State reasonable notice and an opportunity for a hearing.

6 ‘‘(c) CONSULTATION.—(1) In developing and imple7 menting its plan under subsection (a), and any revisions

8 under subsection (f), the State shall consult widely with

9 individuals, employers, and organizations in the State that

10 have an interest in education and training, such as those

11 described in section 213(d)(5) of the School-to-Work Op12 portunities Act of 1994, and individuals, employers, and

13 organizations that have an interest in education and train14 ing for students who are members of special populations.

15 ‘‘(2) The State educational agency shall submit the

16 State plan under this section, and any revisions to the

17 State plan under subsection (f), to the Governor for review

18 and comment and shall ensure that any comments the

19 Governor may have are included with the State plan or

20 revision when the State plan or revision is submitted to

21 the Secretary.

22 ‘‘(d) CONTENTS.—(1) Each State plan under sub23 section (a) shall describe how the State will use funds

24 under this title to—
20

HR 1426 IH

1 ‘‘(A) develop, implement, or improve the state2 wide school-to-work opportunities system and ad3 dress the priorities described in section 101;

4 ‘‘(B) ensure that all students, including stu5 dents who are members of special populations, have

6 the opportunity to achieve to challenging State aca7 demic standards and industry-based skill standards

8 and will be prepared for postsecondary education,

9 further learning, and entrance into high-skill, high10 wage careers;

11 ‘‘(C) establish performance goals and indicators

12 described in section 108;

13 ‘‘(D) further the State’s approved State plan

14 under section 213(d) of the School-to-Work Oppor15 tunities Act of 1994 or address the needs identified

16 in the State’s objective assessment of its progress in

17 developing, implementing, and improving its school18 to-work opportunities system; and

19 ‘‘(E) carry out State leadership activities under

20 section 102.

21 ‘‘(2) Each State plan under subsection (a) shall also

22 describe how the State will integrate its services and ac23 tivities under this title with broad educational reforms in

24 the State, including those under the Goals 2000: Educate

25 America Act and the School-to-Work Opportunities Act of
21

HR 1426 IH

1 1994, as well as related services and activities under the

2 Elementary and Secondary Education Act of 1965, the

3 Job Training Partnership Act, and relevant employment,

4 training, and welfare programs carried out in the State.

5 ‘‘(e) ASSURANCES.—Each State plan under sub6 section (a) shall contain assurances that the State will—

7 ‘‘(1) comply with the requirements of this Act

8 and the provisions of the State plan; and

9 ‘‘(2) provide for the fiscal control and fund ac10 counting procedures that may be necessary to ensure

11 the proper disbursement of, and accounting for,

12 funds paid to the State under this Act.

13 ‘‘(f) REVISIONS.—When changes in conditions or

14 other factors require substantial revision to an approved

15 State plan under subsection (a), the State shall submit

16 revisions to the State plan to the Secretary. State plan

17 revisions shall be approved by the State educational agen18 cy and each of the State agencies responsible for higher

19 education (including community colleges) that approved

20 the State plan.

21 ‘‘STATE ADMINISTRATION

22 ‘‘SEC. 106. (a) RESPONSIBLE AGENCY OR AGEN23 CIES.—Any State desiring to receive a grant under section

24 111(f) shall, consistent with State law, designate an edu25 cational agency or agencies that shall be responsible for
22

HR 1426 IH

1 the administration of services and activities under this

2 Act, including—

3 ‘‘(1) the development, submission, and imple4 mentation of the State plan;

5 ‘‘(2) the efficient and effective performance of

6 the State’s duties under the Act; and

7 ‘‘(3) consultation with other appropriate agen8 cies, groups, and individuals that are involved in the

9 development and implementation of services and ac10 tivities assisted under this Act, such as business, in11 dustry, parents, students, teachers, labor organiza12 tions, community-based organizations, State and

13 local elected officials, and local program administra14 tors.

15 ‘‘(b) SPECIAL ACTIVITIES.—Any State that receives

16 a grant under section 111(f) shall—

17 ‘‘(1) gather and disseminate data on the effec18 tiveness of services and activities related to the

19 State’s school-to-work opportunities system in meet20 ing the educational and employment needs of women

21 and students who are members of special popu22 lations;

23 ‘‘(2) review proposed actions on applications,

24 grants, contracts, and policies of the State to help

25 to ensure that the needs of women and students who
23

HR 1426 IH

1 are members of special populations are addressed in

2 the administration of this title;

3 ‘‘(3) recommend outreach and other activities

4 that inform women and students who are members

5 of special populations about their education and em6 ployment opportunities;

7 ‘‘(4) advise local educational agencies, post8 secondary educational institutions, and other inter9 ested parties in the State on expanding career prep10 aration opportunities for women and students who

11 are members of special populations and helping to

12 ensure that the needs of men and women in training

13 for nontraditional jobs are met; and

14 ‘‘(5) work to eliminate bias and stereotyping in

15 education at the secondary and postsecondary levels.

16 ‘‘LOCAL APPLICATIONS

17 ‘‘SEC. 107. (a) ELIGIBILITY.—Schools and other in18 stitutions or agencies eligible to apply, individually or as

19 consortia, to a State for a subgrant under this title are—

20 ‘‘(1) local educational agencies;

21 ‘‘(2) area vocational education schools that pro22 vide education at the postsecondary level;

23 ‘‘(3) institutions of higher education; and

24 ‘‘(4) postsecondary educational institutions con25 trolled by the Bureau of Indian Affairs or operated

26 by or on behalf of any Indian tribe that is eligible
24

HR 1426 IH

1 to contract with the Secretary of the Interior for the

2 administration of programs under the Indian Self3 Determination Act or the Act of April 16, 1934.

4 ‘‘(b) APPLICATION REQUIREMENTS.—Any applicant

5 that is eligible under subsection (a) and that desires to

6 receive a subgrant under this title shall, according to re7 quirements established by the State, submit an application

8 to the agency or agencies designated under section 106.

9 In addition to including such information as the State may

10 require and identifying the results the applicant seeks to

11 achieve, each application shall also describe how the appli12 cant will use funds under this title to—

13 ‘‘(1) develop, improve, or implement a school-to14 work opportunities system in secondary and post15 secondary schools and address the priorities de16 scribed in section 101, in accordance with section

17 103;

18 ‘‘(2) evaluate progress toward the results it

19 seeks to achieve, consistent with the performance

20 goals and indicators established under section 108;

21 ‘‘(3) coordinate its services and activities with

22 related services and activities offered by community23 based organizations, employers, and labor organiza24 tions, and, to the extent possible, integrate its serv25 ices and activities under this title with broad edu-
25

HR 1426 IH

1 cational reforms in the State, including those under

2 the Goals 2000: Educate America Act and the

3 School-to-Work Opportunities Act of 1994, as well

4 as related services and activities under the Elemen5 tary and Secondary Education Act of 1965, the Job

6 Training Partnership Act, and relevant employment,

7 training, and welfare programs carried out in the

8 State; and

9 ‘‘(4) consult with students, their parents, and

10 other interested individuals or groups, in developing

11 their services and activities.

12 ‘‘PERFORMANCE GOALS AND INDICATORS

13 ‘‘SEC. 108. (a) IN GENERAL.—(1) Any State desiring

14 to receive a grant under section 111(f) shall—

15 ‘‘(A) establish performance goals to define the

16 level of performance to be achieved by students

17 served under this title and to evaluate the quality

18 and effectiveness of services and activities under this

19 title;

20 ‘‘(B) express such goals in an objective, quan21 tifiable, and measurable form;

22 ‘‘(C) establish performance indicators that the

23 State and local recipients will use in measuring or

24 assessing progress toward achieving such goals; and

25 ‘‘(D) provide biennial reports to the public and

26 to the Secretary, in accordance with section 109(c),
26

HR 1426 IH

1 on the State’s progress in achieving its goals, includ2 ing information on the progress of students who are

3 members of special populations.

4 ‘‘(2) Any State may also use amounts it receives for

5 State leadership activities under section 112(c) to evaluate

6 its entire school-to-work opportunities system in secondary

7 and postsecondary schools and to carry out activities

8 under paragraph (1)(D).

9 ‘‘(b) PERFORMANCE INDICATORS.—The Secretary

10 shall, in collaboration with the Secretary of Labor, work

11 with States to ensure that their performance goals under

12 this section are consistent with challenging State academic

13 standards and industry-based skill standards and their

14 State goals established under the School-to-Work Oppor15 tunities Act of 1994 and title II of the Job Training Part16 nership Act. Performance goals established under para17 graph (1)(A) of subsection (a) shall be in accord with the

18 national education goals and with the purpose of this Act.

19 Performance indicators established under paragraph

20 (1)(C) of subsection (a) shall include at least—

21 ‘‘(1) achievement to challenging State academic

22 standards, such as those established under Goals

23 2000: Educate America Act, and industry-based skill

24 standards;
27

HR 1426 IH

1 ‘‘(2) receipt of a high school diploma, skills cer2 tificate, and postsecondary certificate or degree; and

3 ‘‘(3) job placement, retention, and earnings,

4 particularly in the career major of the student.

5 ‘‘(c) TRANSITION.—Before it establishes performance

6 goals and indicators under subsection (a), each State re7 ceiving funds under this title shall use the system of stand8 ards and measures developed under section 115 of the

9 Carl D. Perkins Vocational and Applied Technology Edu10 cation Act as in effect prior to the enactment of this Act.

11 A State shall use its performance goals and indicators es12 tablished under subsection (a) not later than July 1, 1997.

13 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall

14 provide technical assistance to the States regarding the

15 development of the State’s performance goals and indica16 tors under subsection (a). Notwithstanding any other pro17 vision of law, the Secretary may use funds appropriated

18 for title II to provide technical assistance under this

19 section.

20 ‘‘EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY

21 ‘‘SEC. 109. (a) LOCAL EVALUATION.—(1) Each local

22 recipient of a subgrant under this title shall biennially

23 evaluate, using performance goals and indicators described

24 in section 108, and report to the State regarding, its use

25 of funds under this title to develop, implement, or improve

26 a school-to-work opportunities system at the local level
28

HR 1426 IH

1 and the effectiveness of its services and activities sup2 ported under this title in achieving the priorities described

3 in section 101, including the progress of students who are

4 members of special populations.

5 ‘‘(2) Such local recipients may evaluate portions of

6 its school-to-work opportunities system that are not sup7 ported with funds under this title, including its entire sys8 tem. If such recipient does so, it need not evaluate sepa9 rately that portion of its school-to-work opportunities sys10 tem supported with funds under this title.

11 ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State deter12 mines, based on the local evaluation under subsection (a)

13 and applicable performance goals and indicators estab14 lished under section 108, that a local recipient is not mak15 ing substantial progress in achieving the purpose of this

16 Act in accordance with the priorities described in section

17 101, the State shall work jointly with the local recipient

18 to develop a plan, in consultation with teachers, parents,

19 and students, for improvement for succeeding school

20 years. If, after three years of implementation of the im21 provement plan, the State determines that the local recipi22 ent is not making sufficient progress, the State shall take

23 whatever corrective action it deems necessary, consistent

24 with State law. The State shall take corrective action only

25 after it has provided technical assistance to the recipient
29

HR 1426 IH

1 and shall ensure that any corrective action it takes allows

2 for continued career preparation education services and

3 activities for the recipient’s students.

4 ‘‘(c) STATE REPORT.—The State shall, once every

5 two years on a schedule determined by the Secretary, re6 port to the Secretary on the quality and effectiveness of

7 its services and activities provided through its grant under

8 title I, based on the performance goals and indicators es9 tablished under section 108.

10 ‘‘(d) TECHNICAL ASSISTANCE.—If the Secretary de11 termines that the State is not properly implementing its

12 responsibilities under subsection (b), or is not making sub13 stantial progress in meeting the purpose of this Act or

14 carrying out services and activities that are in accord with

15 the priorities described in section 101, based on the per16 formance goals and indicators established under section

17 108, the Secretary shall work with the State to implement

18 improvement activities.

19 ‘‘(e) WITHHOLDING OF FEDERAL FUNDS.—If, after

20 a reasonable time, but not earlier than one year after im21 plementation of the improvement activities described in

22 subsection (d), the Secretary determines that the State is

23 not making sufficient progress, based on the performance

24 goals and indicators established under section 108, the

25 Secretary shall, after notice and opportunity for a hearing,
30

HR 1426 IH

1 withhold from the State all, or a portion, of the State’s

2 allotment under this title. The Secretary may use funds

3 withheld under the preceding sentence to provide, through

4 alternative arrangements, services and activities within the

5 State that meet the purpose of this Act and are in accord

6 with the priorities described in section 101.

7 ‘‘PART B—ALLOCATING STATE AND LOCAL RESOURCES

8 ‘‘ALLOTMENTS

9 ‘‘SEC. 111. (a) AWARDS FOR EXCELLENCE.—In each

10 fiscal year after the fiscal year 1998, from the amount

11 made available under section 3(a) for title I, the Secretary

12 may reserve not more than 10 percent for carrying out

13 section 201.

14 ‘‘(b) ALLOTMENT FOR INDIANS AND NATIVE HAWAI15 IANS.—In each fiscal year, from the amount made avail16 able under section 3(a) for title I, the Secretary shall re17 serve 1.50 percent of which—

18 ‘‘(1) 1.25 percent shall be for carrying out sec19 tion 206(a); and

20 ‘‘(2) 0.25 percent shall be for carrying out sec21 tion 206(d).

22 ‘‘(c) ALLOTMENT TO STATES.—(1) Subject to para23 graph (2), from the remainder of the sum available for

24 title I, the Secretary shall allot to each State for each fis25 cal year—
31

HR 1426 IH

1 ‘‘(A) an amount that bears the same ratio to 50

2 percent of the sum being allotted as the product of

3 the population aged 15 to 19, inclusive, in the State

4 in the fiscal year preceding the fiscal year for which

5 the determination is made and the State’s allotment

6 ratio bears to the sum of the corresponding products

7 for all the States; and

8 ‘‘(B) an amount that bears the same ratio to 50

9 percent of the sum being allotted as the product of

10 the population aged 20 to 24, inclusive, in the State

11 in the fiscal year preceding the fiscal year for which

12 the determination is made and the State’s allotment

13 ratio bears to the sum of the corresponding products

14 for all the States.

15 ‘‘(2)(A) Notwithstanding any other provision of law

16 and subject to subparagraph (B), for any fiscal year

17 through the fiscal year 1998 no State shall receive for

18 services and activities authorized by title I of this Act less

19 than 90 percent of the sum of the payments made to the

20 State for the fiscal year 1995 for programs authorized by

21 title II and parts A, B, and E of title III of the Carl D.

22 Perkins Vocational and Applied Technology Education

23 Act.

24 ‘‘(B) If for any fiscal year the amount appropriated

25 for services and activities authorized by title I and avail-
32

HR 1426 IH

1 able for allotment under this section is insufficient to sat2 isfy the provisions of subparagraph (A), the Secretary

3 shall ratably reduce the payments to all States for such

4 services and activities as necessary.

5 ‘‘(C) Notwithstanding any other provision of law, the

6 allotment for this title for each of American Samoa,

7 Guam, the Northern Mariana Islands, and the Virgin Is8 lands shall not be less than $200,000.

9 ‘‘(d) ALLOTMENT RATIO.—The allotment ratio of

10 any State shall be 1.00 less the product of—

11 ‘‘(1) 0.50; and

12 ‘‘(2) the quotient obtained by dividing the per

13 capita income for the State by the per capita income

14 for all the States (exclusive of American Samoa,

15 Guam, Puerto Rico, the Northern Mariana Islands,

16 and the Virgin Islands), except that—

17 ‘‘(A) the allotment ratio shall in no case be

18 more than 0.60 or less than 0.40; and

19 ‘‘(B) the allotment ratio for American

20 Samoa, Guam, Puerto Rico, the Northern Mari21 ana Islands, and the Virgin Islands shall be

22 0.60.

23 ‘‘(e) REALLOTMENT.—If the Secretary determines

24 that any amount of any State’s allotment under subsection

25 (c) for any fiscal year will not be required for carrying
33

HR 1426 IH

1 out the services and activities for which such amount has

2 been allotted, the Secretary shall make such amount avail3 able for reallotment to one or more other States. Any

4 amount reallotted to a State under this subsection shall

5 be deemed to be part of its allotment for the fiscal year

6 in which it is obligated.

7 ‘‘(f) STATE GRANTS.—From the State’s allotment

8 under subsection (c), the Secretary shall make a grant for

9 each fiscal year to each State that has an approved State

10 plan under section 105.

11 ‘‘(g) DEFINITIONS AND DETERMINATIONS.—For

12 purposes of this section—

13 ‘‘(1) allotment ratios shall be computed on the

14 basis of the average of the appropriate per capita in15 comes for the three most recent consecutive fiscal

16 years for which satisfactory data are available;

17 ‘‘(2) the term ‘per capita income’ means, with

18 respect to a fiscal year, the total personal income in

19 the calendar year ending in such year, divided by the

20 population of the area concerned in such year; and

21 ‘‘(3) population shall be determined by the Sec22 retary on the basis of the latest estimates available

23 to the Department that are satisfactory to the Sec24 retary.
34

HR 1426 IH

1 ‘‘WITHIN-STATE ALLOCATION

2 ‘‘SEC. 112. (a) IN GENERAL.—(1) For each of the

3 fiscal years 1996 and 1997, the State shall award as

4 subgrants to local recipients at least 80 percent of its

5 grant under section 111(f) for that fiscal year.

6 ‘‘(2) For each of the fiscal years 1998 through 2005,

7 the State shall award as subgrants to local recipients at

8 least 85 percent of its grant under section 111(f) for that

9 fiscal year.

10 ‘‘(b) STATE ADMINISTRATION.—(1) The State may

11 use an amount not to exceed 5 percent of its grant under

12 section 111(f) for each fiscal year for administering its

13 State plan, including developing the plan, reviewing local

14 applications, supporting activities to ensure the active par15 ticipation of interested individuals and organizations, and

16 ensuring compliance with all applicable Federal laws.

17 ‘‘(2) Each State shall match, from non-Federal

18 sources and on a dollar-for-dollar basis, the funds used

19 for State administration under paragraph (1).

20 ‘‘(c) STATE LEADERSHIP.—The State shall use the

21 remainder of its grant under section 111(f) for each fiscal

22 year for State leadership activities described in section

23 102.

24 ‘‘DISTRIBUTION OF FUNDS

25 ‘‘SEC. 113. (a) DISTRIBUTION OF FUNDS AT THE

26 SECONDARY LEVEL.—(1) Except as provided in sub-
35

HR 1426 IH

1 sections (c), (d), and (e), each State shall, each fiscal year,

2 distribute to local educational agencies, or consortia of

3 such agencies, within the State funds under this title avail4 able for secondary school education services and activities

5 that are conducted in accordance with the priorities de6 scribed in section 101. Each local educational agency or

7 consortium shall be allocated an amount that bears the

8 same relationship to the amount available as that local

9 educational agency or consortium was allocated under sub10 part 2 of part A of title I of the Elementary and Second11 ary Education Act of 1965 in the preceding fiscal year

12 bears to the total amount received under such subpart by

13 all the local educational agencies in the State in such fiscal

14 year.

15 ‘‘(2) In applying the provisions of paragraph (1), the

16 State shall—

17 ‘‘(A) distribute those funds that, based on the

18 distribution formula under paragraph (1), would

19 have gone to a local educational agency serving only

20 elementary schools, to the local educational agency

21 that provides secondary school services to secondary

22 school students in the same attendance area;

23 ‘‘(B) distribute to a local educational agency

24 that has jurisdiction over secondary schools, but not

25 elementary schools, funds based on the number of
36

HR 1426 IH

1 students that entered such secondary schools in the

2 previous year from the elementary schools involved;

3 and

4 ‘‘(C) distribute funds to an area vocational edu5 cation school in any case in which—

6 ‘‘(i) the area vocational education school

7 and the local educational agency or agencies

8 concerned have an agreement to use such funds

9 to provide services and activities in accordance

10 with the priorities described in section 101; and

11 ‘‘(ii) the area vocational education school

12 serves an equal or greater proportion of stu13 dents with disabilities or economically disadvan14 taged students than the proportion of these stu15 dents under the jurisdiction of the local edu16 cational agencies sending students to the area

17 vocational education school.

18 ‘‘(b) DISTRIBUTION OF FUNDS AT THE POST19 SECONDARY LEVEL.—(1) Except as provided in sub20 sections (c), (d), and (e), each State shall, each fiscal year,

21 distribute to eligible institutions, or consortia of such insti22 tutions, within the State funds under this title available

23 for postsecondary school education services and activities

24 that are conducted in accordance with the priorities de25 scribed in section 101. Each such eligible institution or
37

HR 1426 IH

1 consortium shall be allocated an amount that bears the

2 same relationship to the amount of funds available as the

3 number of Pell Grant recipients and recipients of assist4 ance from the Bureau of Indian Affairs enrolled by such

5 institution or consortium in the preceding fiscal year bears

6 to the number of such recipients enrolled in such programs

7 within the State in such fiscal year.

8 ‘‘(2) For the purposes of this section—

9 ‘‘(A) the term ‘eligible institution’ means—

10 ‘‘(i) an institution of higher education;

11 ‘‘(ii) a local educational agency providing

12 education at the postsecondary level;

13 ‘‘(iii) an area vocational education school

14 providing education at the postsecondary level;

15 and

16 ‘‘(iv) a postsecondary educational institu17 tion controlled by the Bureau of Indian Affairs

18 or operated by or on behalf of any Indian tribe

19 that is eligible to contract with the Secretary of

20 the Interior for the administration of programs

21 under the Indian Self-Determination Act or the

22 Act of April 16, 1934; and

23 ‘‘(B) the term ‘Pell Grant recipient’ means a

24 recipient of financial aid under subpart 1 of part A

25 of title IV of the Higher Education Act of 1965.
38

HR 1426 IH

1 ‘‘(c) ALTERNATIVE DISTRIBUTION FORMULA.—The

2 State may distribute funds under subsection (a) or (b)

3 using an alternative formula if the State demonstrates to

4 the Secretary’s satisfaction that such alternative formula

5 better meets the purpose of this Act, is in accord with

6 the priorities described in section 101, and that—

7 ‘‘(1) in the case of funds distributed to second8 ary schools—

9 ‘‘(A) the formula described in subsection

10 (a) does not result in a distribution of funds to

11 the local educational agencies or consortia that

12 serve secondary school students with the great13 est need for services and activities under this

14 title, including students who are members of

15 special populations; and

16 ‘‘(B) the alternative formula would better

17 serve the needs of these students; and

18 ‘‘(2) in the case of funds distributed to post19 secondary schools—

20 ‘‘(A) the formula described in subsection

21 (b) does not result in a distribution of funds to

22 the eligible institutions or consortia that have

23 the highest numbers or percentages of economi24 cally disadvantaged students, as described in

25 subsection (g); and
39

HR 1426 IH

1 ‘‘(B) the alternative formula would result

2 in such a distribution.

3 ‘‘(d) MINIMUM SUBGRANT AMOUNTS.—(1)(A) Ex4 cept as provided in subparagraph (B), no local educational

5 agency shall be eligible for a subgrant under this title un6 less the amount allocated to that agency under subsection

7 (a) or (c) equals or exceeds $15,000.

8 ‘‘(B) The State may waive the requirement in sub9 paragraph (A) in any case in which the local educational

10 agency—

11 ‘‘(i) enters into a consortium with one or more

12 other local educational agencies to provide services

13 and activities conducted in accordance with the pri14 orities described in section 101 and the aggregate

15 amount allocated and awarded to the consortium

16 equals or exceeds $15,000; or

17 ‘‘(ii) is located in a rural, sparsely-populated

18 area and demonstrates that the agency is unable to

19 enter into a consortium for the purpose of providing

20 services and activities conducted in accordance with

21 the priorities described in section 101.

22 ‘‘(2)(A) Except as provided in subparagraph (B), no

23 eligible institution shall be eligible for a subgrant under

24 this title unless the amount allocated to that institution

25 under subsection (b) or (c) equals or exceeds $50,000.
40

HR 1426 IH

1 ‘‘(B) The State may waive the requirement in sub2 paragraph (A) in any case in which the eligible institu3 tion—

4 ‘‘(i) enters into a consortium with one or more

5 other eligible institutions to provide services and ac6 tivities conducted in accordance with the priorities

7 described in section 101 and the aggregate amount

8 allocated and awarded to the consortium equals or

9 exceeds $50,000; or

10 ‘‘(ii) is a tribally controlled community college.

11 ‘‘(e) SECONDARY-POSTSECONDARY CONSORTIA.—

12 The State may distribute funds available in any fiscal year

13 for secondary and postsecondary schools, as applicable, to

14 one or more local educational agencies and one or more

15 eligible institutions that enter into a consortium in any

16 case in which—

17 ‘‘(1) the consortium has been formed to provide

18 services and activities conducted in accordance with

19 the priorities described in section 101; and

20 ‘‘(2) the aggregate amount allocated and

21 awarded to the consortium under subsections (a),

22 (b), and (c) equal or exceeds $50,000.

23 ‘‘(f) REALLOCATIONS.—The State shall reallocate to

24 one or more local educational agencies, eligible institu25 tions, and consortia any amounts that are allocated in ac-
41

HR 1426 IH

1 cordance with subsections (a) through (e), but that would

2 not be used by a local educational agency or eligible insti3 tution, in a manner the State determines will best serve

4 the purpose of this Act and be in accord with the priorities

5 described in section 101.

6 ‘‘(g) ECONOMICALLY DISADVANTAGED STUDENTS.—

7 For the purposes of this section, the State may determine

8 the number of economically disadvantaged students on the

9 basis of—

10 ‘‘(1) eligibility for free or reduced-price meals

11 under the National School Lunch Act, the program

12 for aid to dependent children under part A of title

13 IV of the Social Security Act, or benefits under the

14 Food Stamp Act of 1977;

15 ‘‘(2) the number of children counted for alloca16 tion purposes under title I of the Elementary and

17 Secondary Education Act of 1965; or

18 ‘‘(3) any other index of disadvantaged economic

19 status if the State demonstrates to the satisfaction

20 of the Secretary that the index is more representa21 tive of the number of low-income students that the

22 indices described in paragraphs (1) and (2).
42

HR 1426 IH

1 ‘‘TITLE II—NATIONAL SUPPORT FOR STATE

2 AND LOCAL REFORMS

3 ‘‘AWARDS FOR EXCELLENCE

4 ‘‘SEC. 201. The Secretary, may, from the amount re5 served under section 111(a) for any fiscal year after the

6 fiscal year 1998, and through a peer review process, make

7 performance awards to one or more States that have—

8 ‘‘(1) exceeded in an outstanding manner the

9 performance goals set in section 108;

10 ‘‘(2) implemented exemplary school-to-work op11 portunities systems in secondary and postsecondary

12 schools in accordance with the priorities described in

13 section 101; or

14 ‘‘(3) provided exemplary education services and

15 activities for students who are members of special

16 populations.

17 ‘‘NATIONAL ACTIVITIES

18 ‘‘SEC. 202. (a) GENERAL AUTHORITY.—(1) In order

19 to carry out the purpose of this Act, the Secretary may,

20 directly or through grants, contracts, or cooperative agree21 ments, carry out research, development, dissemination,

22 evaluation, capacity-building, and technical assistance ac23 tivities with regard to the services and activities carried

24 out under this Act. The Secretary shall coordinate activi25 ties carried out under this section with related activities

26 under the School-to-Work Opportunities Act of 1994, the
43

HR 1426 IH

1 Goals 2000: Educate America Act, the Job Training Part2 nership Act, and the Elementary and Secondary Edu3 cation Act of 1965.

4 ‘‘(2) Research and development activities carried out

5 under this section may include support for States in their

6 development of performance goals and indicators estab7 lished under section 108. The Secretary shall broadly dis8 seminate information resulting from research and develop9 ment activities carried out under this Act, and shall ensure

10 broad access at the State and local levels to the informa11 tion disseminated.

12 ‘‘(3) Activities carried out under this section may in13 clude support for youth development partnerships that are

14 promoted by the Secretary and the Secretary of Labor,

15 working with other agencies and entities such as the Cor16 poration for National and Community Service, and that

17 facilitate innovative arrangements at the State and local

18 level among business, community-based organizations,

19 labor organizations, and educational institutions.

20 ‘‘(4) Activities carried out under this section may in21 clude support for occupational and career information sys22 tems.

23 ‘‘(5) The Secretary shall coordinate technical assist24 ance activities carried out under this section with related

25 technical assistance activities carried out under the Job
44

HR 1426 IH

1 Training Partnership Act and title XIII of the Elementary

2 and Secondary Education Act of 1965.

3 ‘‘(b) PROFESSIONAL DEVELOPMENT.—(1) The Sec4 retary may, directly, or through grants, contracts, or coop5 erative agreements, support professional development ac6 tivities for educators (including teachers, administrators,

7 and counselors) to help to ensure that all students receive

8 an education that enables them to enter high-skill, high9 wage careers. Entities eligible to receive funds under this

10 subsection are institutions of higher education, other pub11 lic or private nonprofit organizations or agencies, and con12 sortia of such institutions, organizations, or agencies.

13 ‘‘(2)(A) Professional development activities supported

14 under this subsection shall—

15 ‘‘(i) be tied to challenging State academic

16 standards and industry-based skill standards;

17 ‘‘(ii) take into account recent research on teach18 ing and learning;

19 ‘‘(iii) be of sufficient intensity and duration to

20 have a positive and lasting impact on the educator’s

21 performance;

22 ‘‘(iv) include strong substantive and pedagogical

23 components; and

24 ‘‘(v) be designed to improve educators’ skills in

25 such areas as integrating academic and vocational
45

HR 1426 IH

1 instruction, articulating secondary and postsecond2 ary education, combining school-based and work3 based instruction, and using occupational and career

4 information.

5 ‘‘(B) Funds under this subsection may be used for

6 such activities as pre-service and inservice training and

7 support for development of local, regional, and national

8 educator networks that facilitate the exchange of informa9 tion relevant to the development of school-to-work oppor10 tunities systems.

11 ‘‘(3) In supporting activities under this subsection,

12 the Secretary shall give priority to designing and imple13 menting new models of professional development for edu14 cators, and preparing educators to use innovative forms

15 of instruction, such as worksite learning and the integra16 tion of academic and occupational instruction. The Sec17 retary shall coordinate the professional development activi18 ties carried out under this subsection with related activi19 ties carried out under the Job Training Partnership Act

20 and title II of the Elementary and Secondary Education

21 Act of 1965, as well as with other related professional de22 velopment activities supported by the Department.

23 ‘‘NATIONAL ASSESSMENT

24 ‘‘SEC. 203. (a) GENERAL AUTHORITY.—(1) The Sec25 retary shall conduct a national assessment of services and

26 activities assisted under this Act, through independent
46

HR 1426 IH

1 studies and analyses, including, when appropriate, studies

2 based on data from longitudinal surveys, that are con3 ducted through one or more competitive awards.

4 ‘‘(2) The Secretary shall appoint an independent ad5 visory panel, consisting of administrators, educators, re6 searchers, and representatives of business, industry, labor,

7 and other relevant groups, as well as representatives of

8 Governors and other State and local officials, to advise

9 the Secretary on the implementation of such assessment,

10 including the issues to be addressed, the methodology of

11 the studies, and the findings and recommendations. The

12 panel, at its discretion, may submit to the Congress an

13 independent analysis of the findings and recommendations

14 of the assessment.

15 ‘‘(b) CONTENTS.—The assessment required under

16 subsection (a) shall examine the extent to which services

17 and activities assisted under this Act have achieved their

18 intended purposes and results, including the extent to

19 which—

20 ‘‘(1) State and local services and activities have

21 developed, implemented, or improved systems estab22 lished under the School-to-Work Opportunities Act

23 of 1994;

24 ‘‘(2) services and activities assisted under this

25 Act succeed in preparing students, including stu-
47

HR 1426 IH

1 dents who are members of special populations, for

2 postsecondary education, further learning, or entry

3 into high-skill, high-wage careers;

4 ‘‘(3) students who participate in services and

5 activities supported under this Act succeed in meet6 ing challenging State academic and industry-based

7 skill standards; and

8 ‘‘(4) the system improvement, participation,

9 local and State assessment, and accountability provi10 sions of this Act, including the performance goals

11 and indicators established under section 108, are ef12 fective.

13 ‘‘(c) REPORT.—The Secretary shall submit to the

14 Congress an interim report on or before July 1, 2000, and

15 a final report on or before July 1, 2004.

16 ‘‘NATIONAL RESEARCH CENTER

17 ‘‘SEC. 204. (a) GENERAL AUTHORITY.—(1) The Sec18 retary may, through a grant or contract, establish one or

19 more national centers in the areas of applied research, de20 velopment, and dissemination. The Secretary shall consult

21 with the Secretary of Labor and with States prior to es22 tablishing one or more such centers.

23 ‘‘(2) Entities eligible to receive funds under this sec24 tion are institutions of higher education, other public or

25 private nonprofit organizations or agencies, and consortia

26 of such institutions, organizations, or agencies.
48

HR 1426 IH

1 ‘‘(3) The national center in existence on the date of

2 the enactment of the Career Preparation Education Re3 form Act of 1995 shall continue to receive assistance

4 under this section in accordance with the terms of its cur5 rent award.

6 ‘‘(b) ACTIVITIES.—(1) The applied research, develop7 ment, and dissemination activities carried out by the na8 tional center or centers shall include—

9 ‘‘(A) activities that assist recipients of funds

10 under this Act to meet the requirements of section

11 103; and

12 ‘‘(B) such other activities as the Secretary de13 termines to be appropriate to achieve the purpose of

14 this Act.

15 ‘‘(2) The center or centers conducting the activities

16 described in paragraph (1) shall annually prepare a sum17 mary of key research findings of such center or centers

18 and shall submit copies of the summary to the Secretaries

19 of Education, Labor, and Health and Human Services.

20 The Secretary shall submit that summary to the Commit21 tee on Labor and Human Resources of the Senate, and

22 the Committee on Economic and Educational Opportuni23 ties of the House of Representatives.

24 ‘‘DATA SYSTEMS

25 ‘‘SEC. 205. (a) IN GENERAL.—The Secretary shall

26 maintain a data system to collect information about, and
49

HR 1426 IH

1 report on, the condition of school-to-work opportunities

2 systems and on the effectiveness of State and local services

3 and activities carried out under this Act in order to pro4 vide the Secretary and the Congress, as well as Federal,

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

6 to improvement in the quality and effectiveness of career

7 preparation education activities and services. The Sec8 retary shall periodically report to the Congress on the Sec9 retary’s analysis of performance data collected each year

10 pursuant to this Act.

11 ‘‘(b) CONTENTS.—The data system shall—

12 ‘‘(1) provide information to evaluate, to the ex13 tent feasible, the participation and performance of

14 students, including students who are members of

15 special populations;

16 ‘‘(2) include data that are at least nationally

17 representative;

18 ‘‘(3) report on career preparation in the context

19 of education reform; and

20 ‘‘(4) be based, to the extent feasible, on data

21 from general purpose data systems of the Depart22 ment or other Federal agencies, augmented as nec23 essary with data from additional surveys focusing on

24 career preparation education.
50

HR 1426 IH

1 ‘‘(c) COORDINATION.—(1) The Secretary shall con2 sult with a wide variety of experts in academic and occupa3 tional education, including individuals with expertise in

4 the development and implementation of school-to-work op5 portunities systems, in the development of data collections

6 and reports under this section.

7 ‘‘(2) In maintaining the data system, the Secretary

8 shall—

9 ‘‘(A) ensure that the system, to the extent prac10 ticable, uses comparable information elements and

11 uniform definitions common to State plans, perform12 ance indicators, and State and local assessments;

13 and

14 ‘‘(B) cooperate with the Secretaries of Com15 merce and Labor to ensure that the data system is

16 compatible with other Federal information systems

17 regarding occupational data, and to the extent fea18 sible, allow for international comparisons.

19 ‘‘(3) The Secretary and the Secretary of Labor shall

20 jointly define common terms and definitions that all State

21 grantees and local applicants shall use in program admin22 istration, data collection and reporting, and evaluation at

23 all levels for programs supported under this Act and the

24 Job Training Partnership Act.
51

HR 1426 IH

1 ‘‘(d) ASSESSMENTS.—(1) As a regular part of its as2 sessments, the National Center for Education Statistics

3 shall collect and report information on career preparation

4 at the secondary school level for a nationally representa5 tive sample of students, including students who are mem6 bers of special populations, which shall allow for fair and

7 accurate assessment and comparison of the educational

8 achievement of students in the areas assessed. Such as9 sessment may include international comparisons.

10 ‘‘(2) The Commissioner of Education Statistics may

11 authorize a State educational agency, or consortium of

12 such agencies, to use items and data from the National

13 Assessment of Educational Progress for the purpose of

14 evaluating a course of study related to services and activi15 ties under title I, if the Commissioner has determined in

16 writing that such use will not—

17 ‘‘(A) result in the identification of characteris18 tics or performance of individual schools or students;

19 ‘‘(B) result in the ranking or comparing of

20 schools or local educational agencies;

21 ‘‘(C) be used to evaluate the performance of

22 teachers, principals, or other local educators for re23 ward or punishment; or

24 ‘‘(D) corrupt the use or value of data collected

25 for the National Assessment.
52

HR 1426 IH

1 ‘‘CAREER PREPARATION FOR INDIANS AND NATIVE

2 HAWAIIANS

3 ‘‘SEC. 206. (a) ASSISTANCE TO TRIBES OR BUREAU4 FUNDED SCHOOLS.—(1)(A) From funds reserved under

5 section 111(b)(1) for each fiscal year, the Secretary shall

6 make grants to, or enter into cooperative agreements with,

7 tribal organizations of eligible Indian tribes or Bureau8 funded schools to develop and provide services and activi9 ties that are consistent with the purpose of this Act and

10 conducted in accordance with the priorities described in

11 section 101.

12 ‘‘(B) Any tribal organization or Bureau-funded

13 school that receives assistance under this subsection

14 shall—

15 ‘‘(i) establish performance goals and indicators

16 to define the level of performance to be achieved by

17 students served under this subsection;

18 ‘‘(ii) evaluate the quality and effectiveness of

19 services and activities provided under this sub20 section; and

21 ‘‘(iii) help to ensure that students served under

22 this subsection achieve to challenging academic and

23 skill standards, receive high school diplomas, skill

24 certificates, and postsecondary certificates or de-
53

HR 1426 IH

1 grees, and enter employment related to their career

2 major.

3 ‘‘(2)(A) The Secretary shall make such a grant or

4 cooperative agreement—

5 ‘‘(i) upon the request of any Indian tribe that

6 is eligible to contract with the Secretary of the Inte7 rior for programs under the Indian Self-Determina8 tion Act or the Act of April 16, 1934; or

9 ‘‘(ii) upon the application (filed under such con10 ditions as the Secretary may require) of any Bu11 reau-funded school that offers secondary programs.

12 ‘‘(B)(i) A grant or cooperative agreement under this

13 subsection with any tribal organization shall be subject to

14 the terms and conditions of section 102 of the Indian Self15 Determination Act, and shall be conducted in accordance

16 with the provisions of sections 4, 5, and 6 of the Act of

17 April 16, 1934 that are relevant to the services and activi18 ties administered under this subsection.

19 ‘‘(ii) A grant or cooperative agreement under this

20 subsection with any Bureau-funded school shall not be

21 subject to the requirements of the Indian Self-Determina22 tion Act or the Act of April 16, 1934.

23 ‘‘(C) Any tribal organization or Bureau-funded school

24 eligible to receive assistance under this subsection may
54

HR 1426 IH

1 apply individually or as part of a consortium with another

2 tribal organization or school.

3 ‘‘(D) The Secretary may not place upon such grants

4 or cooperative agreements any restrictions relating to pro5 grams or results other than those that apply to grants or

6 cooperative agreements to States under this Act.

7 ‘‘(3) Any tribal organization or Bureau-funded school

8 receiving assistance under this subsection may provide sti9 pends to students who are undertaking career preparation

10 education and who have acute economic needs that cannot

11 be met through work-study programs.

12 ‘‘(4) In making grants or cooperative agreements

13 under this subsection, the Secretary shall give special con14 sideration to awards that involve, are coordinated with, or

15 encourage, tribal economic development plans.

16 ‘‘(b) ASSISTANCE TO TRIBALLY CONTROLLED POST17 SECONDARY VOCATIONAL INSTITUTIONS.—(1) The Sec18 retary may make five-year grants to tribally controlled

19 postsecondary vocational institutions to provide basic sup20 port for educating Indian students, including support for

21 the operation, maintenance, and capital expenses of such

22 institutions.

23 ‘‘(2) To be eligible for assistance under this sub24 section, a tribally controlled postsecondary vocational in25 stitution shall—
55

HR 1426 IH

1 ‘‘(A) be governed by a board of directors or

2 trustees, a majority of whom are Indians;

3 ‘‘(B) demonstrate adherence to stated goals, a

4 philosophy, or a plan of operation that fosters indi5 vidual Indian economic self-sufficiency;

6 ‘‘(C) have been in operation for at least three

7 years;

8 ‘‘(D) hold accreditation with, or be a candidate

9 for accreditation by, a nationally recognized accredit10 ing authority for postsecondary vocational education;

11 ‘‘(E) offer technical degrees or certificate-grant12 ing programs; and

13 ‘‘(F) enroll the full-time equivalent of not less

14 than 100 students, of whom a majority are Indians.

15 ‘‘(3) The Secretary shall, based on the availability of

16 appropriations, distribute to each tribally controlled voca17 tional institution having an approved application an

18 amount based on full-time equivalent Indian students at

19 each such institution.

20 ‘‘(c) ACCOUNTABILITY.—The Secretary shall require

21 from each institution assisted under this section such in22 formation regarding fiscal control and program quality

23 and effectiveness as is reasonable.

24 ‘‘(d) ASSISTANCE TO NATIVE HAWAIIANS.—From

25 the funds reserved under section 111(b)(2) for each fiscal
56

HR 1426 IH

1 year, the Secretary shall make one or more grants to, or

2 enter into one or more cooperative agreements with, orga3 nizations, institutions, or agencies with experience provid4 ing educational and related services to Native Hawaiians

5 to develop and provide, for the benefit of Native Hawai6 ians, services and activities that are consistent with the

7 purpose of this Act and conducted in accordance with the

8 priorities described in section 101.

9 ‘‘(e) DEFINITIONS.—For the purpose of this section:

10 ‘‘(1) The term ‘Bureau-funded school’ has the

11 same meaning given ‘Bureau funded school’ in sec12 tion 1146(3) of the Education Amendments of 1978

13 (25 U.S.C. 2026(3)).

14 ‘‘(2) The term ‘full-time equivalent Indian stu15 dents’ means the sum of the number of Indian stu16 dents enrolled full time at an institution, plus the

17 full-time equivalent of the number of Indian stu18 dents enrolled part time (determined on the basis of

19 the quotient of the sum of the credit hours of all

20 part-time students divided by 12) at such institu21 tion.

22 ‘‘(3) The terms ‘Indian’ and ‘Indian tribe’ have

23 the meaning given such terms in section 2 of the

24 Tribally Controlled Community College Assistance

25 Act of 1978.
57

HR 1426 IH

1 ‘‘TITLE III—GENERAL PROVISIONS

2 ‘‘WAIVERS

3 ‘‘SEC. 301. (a) REQUEST FOR WAIVER.—Any State

4 may request, on its own behalf or on behalf of a local re5 cipient, a waiver by the Secretary or the Secretary of

6 Labor, as appropriate, of one or more statutory or regu7 latory provisions described in this section in order to carry

8 out more effectively State efforts to reform education and

9 develop school-to-work opportunities systems in the State.

10 ‘‘(b) GENERAL AUTHORITY.—(1) Except as provided

11 in subsection (d), the Secretary may waive any require12 ment of any statute listed in subsection (c), or of the regu13 lations issued under that statute, and the Secretary of

14 Labor may waive any statutory or regulatory requirement

15 under the Job Training Partnership Act, for a State that

16 requests such a waiver—

17 ‘‘(A) if, and only to the extent that, the Sec18 retary or the Secretary of Labor determines that

19 such requirement impedes the ability of the State to

20 carry out State efforts to reform education and de21 velop school-to-work opportunities systems in the

22 State;

23 ‘‘(B) if the State waives, or agrees to waive,

24 any similar requirements of State law;
58

HR 1426 IH

1 ‘‘(C) if, in the case of a statewide waiver, the

2 State—

3 ‘‘(i) has provided all local recipients of as4 sistance under this Act in the State with notice

5 of, and an opportunity to comment on, the

6 State’s proposal to request a waiver; and

7 ‘‘(ii) has submitted the comments of such

8 recipients to the appropriate Secretary; and

9 ‘‘(D) if the State provides such information as

10 the Secretary or the Secretary of Labor reasonably

11 requires in order to make such determinations.

12 ‘‘(2) The Secretary or the Secretary of Labor, as ap13 propriate, shall act promptly on any request submitted

14 under paragraph (1).

15 ‘‘(3) Each waiver approved under this subsection

16 shall be for a period not to exceed five years, except that

17 the Secretary or the Secretary of Labor may extend such

18 period if the Secretary or the Secretary of Labor deter19 mines that the waiver has been effective in enabling the

20 State to carry out the purpose of this Act.

21 ‘‘(c) PROGRAMS.—(1) The statutes subject to the

22 waiver authority of the Secretary under this section are—

23 ‘‘(A) this Act;

24 ‘‘(B) part A of title I of the Elementary and

25 Secondary Education Act of 1965 (authorizing pro-
59

HR 1426 IH

1 grams and activities to help disadvantaged children

2 meet high standards);

3 ‘‘(C) part B of title II of the Elementary and

4 Secondary Education Act of 1965 (Dwight D. Eisen5 hower Professional Development Program);

6 ‘‘(D) title IV of the Elementary and Secondary

7 Education Act of 1965 (Safe and Drug-Free Schools

8 and Communities Act of 1994);

9 ‘‘(E) title VI of the Elementary and Secondary

10 Education Act of 1965 (Innovative Education Pro11 gram Strategies);

12 ‘‘(F) part C of title VII of the Elementary and

13 Secondary Education Act of 1965 (Emergency Im14 migrant Education Program); and

15 ‘‘(G) the School-to-Work Opportunities Act of

16 1994.

17 ‘‘(2) The Secretary may not waive any requirement

18 under paragraph (1)(G) without the concurrence of the

19 Secretary of Labor.

20 ‘‘(d) WAIVERS NOT AUTHORIZED.—The Secretary or

21 the Secretary of Labor may not waive any statutory or

22 regulatory requirement of the programs listed in sub23 section (c) relating to—

24 ‘‘(1) the basic purposes or goals of the affected

25 programs;
60

HR 1426 IH

1 ‘‘(2) maintenance of effort;

2 ‘‘(3) comparability of services;

3 ‘‘(4) the equitable participation of students at4 tending private schools;

5 ‘‘(5) parental participation and involvement;

6 ‘‘(6) the distribution of funds to States or to

7 local recipients;

8 ‘‘(7) the eligibility of an individual for partici9 pation in the affected programs;

10 ‘‘(8) public health or safety, labor standards,

11 civil rights, occupational safety and health, or envi12 ronmental protection; or

13 ‘‘(9) prohibitions or restrictions relating to the

14 construction of buildings or facilities.

15 ‘‘(e) TERMINATION OF WAIVERS.—The Secretary or

16 the Secretary of Labor, as appropriate, shall periodically

17 review the performance of any State for which that Sec18 retary has granted a waiver under this section and shall

19 terminate such waiver if the Secretary determines that the

20 performance of the State affected by the waiver has been

21 inadequate to justify a continuation of the waiver, or the

22 State fails to waive similar requirements of State law in

23 accordance with subsection (b)(1)(B).

24 ‘‘EFFECT OF FEDERAL PAYMENTS

25 ‘‘SEC. 302. (a) STUDENT FINANCIAL ASSISTANCE.—

26 (1) The portion of any student financial assistance re-
61

HR 1426 IH

1 ceived under this Act that is made available for attendance

2 costs described in paragraph (2) shall not be considered

3 as income or resources in determining eligibility for assist4 ance under any program of welfare benefits, including aid

5 to families with dependent children under a State plan ap6 proved under part A of title IV of the Social Security Act

7 and aid to dependent children, that is funded in whole or

8 in part with Federal funds.

9 ‘‘(2) For purposes of this subsection, attendance

10 costs are—

11 ‘‘(A) tuition and fees normally assessed a stu12 dent carrying the same academic workload, as deter13 mined by the institution, including costs for rental

14 or purchase of any equipment, materials, or supplies

15 required of all students in the same course of study;

16 and

17 ‘‘(B) an allowance for books, supplies, transpor18 tation, dependent care, and miscellaneous personal

19 expenses for a student attending the institution on

20 at least a half-time basis, as determined by the insti21 tution.

22 ‘‘(b) INSTITUTIONAL AID.—No State shall take into

23 consideration payments under this Act in determining, for

24 any educational agency or institution in that State, the
62

HR 1426 IH

1 eligibility for State aid, or the amount of State aid, with

2 respect to public education within the State.

3 ‘‘IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS

4 ‘‘SEC. 303. Any State rule or policy imposed on the

5 provision of services or activities funded by this Act, in6 cluding any rule or policy based on State interpretation

7 of any Federal law, regulation, or guideline, shall be iden8 tified as a State-imposed requirement.

9 ‘‘OUT-OF-STATE RELOCATIONS

10 ‘‘SEC. 304. No funds provided under this Act shall

11 be used for the purpose of directly providing incentives

12 or inducements to an employer to relocate a business en13 terprise from one State to another if such relocation would

14 result in a reduction in the number of jobs available in

15 the State where the business enterprise is located before

16 such incentives or inducements are offered.

17 ‘‘DEFINITIONS

18 ‘‘SEC. 305. As used in this Act:

19 ‘‘(1) The term ‘all aspects of an industry’ has

20 the same meaning as given that term under section

21 4(1) of the School-to-Work Opportunities Act of

22 1994.

23 ‘‘(2) The term ‘all students’ has the same

24 meaning as given that term under section 4(2) of

25 the School-to-Work Opportunities Act of 1994.
63

HR 1426 IH

1 ‘‘(3) The term ‘area vocational education

2 school’ means—

3 ‘‘(A) a specialized public high school that

4 provides vocational education to students who

5 are preparing to earn a high school diploma or

6 its equivalency and to enter the labor market;

7 or

8 ‘‘(B) a public technical institute or voca9 tional school that provides vocational education

10 to individuals who have completed or left high

11 school and who are preparing to enter the labor

12 market.

13 ‘‘(4) The term ‘career guidance and counseling’

14 has the same meaning as given that term under sec15 tion 4(4) of the School-to-Work Opportunities Act of

16 1994.

17 ‘‘(5) The term ‘career major’ has the same

18 meaning as given that term under section 4(5) of

19 the School-to-Work Opportunities Act of 1994.

20 ‘‘(6) The term ‘community-based organization’

21 means any such organization of demonstrated effec22 tiveness described in section 4(5) of the Job Train23 ing Partnership Act.
64

HR 1426 IH

1 ‘‘(7) The term ‘institution of higher education’

2 has the same meaning as given that term under sec3 tion 1201(a) of the Higher Education Act of 1965.

4 ‘‘(8) The term ‘limited English proficiency’ has

5 the same meaning given such term in section

6 7501(8) of the Elementary and Secondary Edu7 cation Act of 1965.

8 ‘‘(9) The term ‘local educational agency’ has

9 the same meaning as given that term under section

10 4(10) of the School-to-Work Opportunities Act of

11 1994.

12 ‘‘(10) The term ‘school dropout’ has the same

13 meaning as given that term under section 4(17) of

14 the School-to-Work Opportunities Act of 1994.

15 ‘‘(11) The term ‘Secretary’ means the Secretary

16 of Education.

17 ‘‘(12) The term ‘skill certificate’ has the same

18 meaning as given that term under section 4(22) of

19 the School-to-Work Opportunities Act of 1994.

20 ‘‘(13) The term ‘special populations’ includes

21 students with disabilities, educationally or economi22 cally disadvantaged students, students of limited

23 English proficiency, foster children, migrant chil24 dren, school dropouts, students who are identified as

25 being at-risk of dropping out of secondary school,
65

HR 1426 IH

1 students who are seeking to prepare for occupations

2 that are not traditional for their gender, and, to the

3 extent feasible, individuals younger than age 25 in

4 correctional institutions.

5 ‘‘(14) Except as otherwise provided, the term

6 ‘State’ includes, in addition to each of the several

7 States, the District of Columbia, the Commonwealth

8 of Puerto Rico, the Virgin Islands, Guam, American

9 Samoa, and the Northern Mariana Islands.

10 ‘‘(15) The term ‘State educational agency’ has

11 the same meaning as given that term under section

12 4(24) of the School-to-Work Opportunities Act of

13 1994.

14 ‘‘(16) The term ‘students with disabilities’

15 means students who have a disability or disabilities,

16 as such term is defined in section 3(2) of the Ameri17 cans With Disabilities Act of 1990.

18 ‘‘(17) The term ‘tribally controlled community

19 college’ means an institution that receives assistance

20 under the Tribally Controlled Community College

21 Assistance Act of 1976 or the Navajo Community

22 College Act.’’.

23 TITLE II—EFFECTIVE DATE; TRANSITION

24 EFFECTIVE DATE

25 SEC. 201. This Act shall take effect on July 1, 1996.
66

HR 1426 IH

1 TRANSITION

2 SEC. 202. Notwithstanding any other provisions of

3 law—

4 (1) upon enactment of the Career Preparation

5 Education Reform Act of 1995, a State or local re6 cipient of funds under the Carl D. Perkins Voca7 tional and Applied Technology Education Act may

8 use any such unexpended funds to carry out services

9 and activities that are authorized by either such Act

10 or the Carl D. Perkins Career Preparation Edu11 cation Act; and

12 (2) a State or local recipient of funds under the

13 Carl D. Perkins Career Preparation Education Act

14 for the fiscal year 1996 may use such funds to carry

15 out services and activities that are authorized by ei16 ther such Act or were authorized by the Carl D.

17 Perkins Vocational and Applied Technology Edu18 cation Act prior to its amendment.

19 TITLE III—AMENDMENTS TO OTHER ACTS

20 AMENDMENTS TO THE JOB TRAINING PARTNERSHIP ACT

21 SEC. 301. The Job Training Partnership Act (29

22 U.S.C. 1501 et seq.) is amended—

23 (1) in section (4)—

24 (A) in paragraph (14), by striking ‘‘in sec25 tion 521(22) of the Carl D. Perkins Vocational
67

HR 1426 IH

1 Education Act’’ and inserting in lieu thereof

2 ‘‘section 4(10) of the School-to-Work Opportu3 nities Act of 1994’’; and

4 (B) in paragraph (28), by striking ‘‘Voca5 tional Education Act’’ and inserting in lieu

6 thereof ‘‘Vocational and Applied Technology

7 Education Act as in effect on the day prior to

8 the date of enactment of the Career Prepara9 tion Education Reform Act of 1995’’;

10 (2) in section 121(a)(2), by adding at the end

11 thereof the following sentence: ‘‘The State may sub12 mit such plan as part of a State plan, or amendment

13 to a State plan, under the Carl D. Perkins Career

14 Preparation Education Act or the School-to-Work

15 Opportunities Act of 1994.’’;

16 (3) in section 122(b)—

17 (A) by amending paragraph (8) to read as

18 follows:

19 ‘‘(8) consult with the appropriate State agency

20 under section 106 of the Carl D. Perkins Career

21 Preparation Education Act to obtain a summary of

22 activities and an analysis of results in training

23 women in nontraditional employment under such

24 Act, and annually disseminate such summary to
68

HR 1426 IH

1 service delivery areas, service providers throughout

2 the State, and the Secretary;’’; and

3 (B) in paragraph (11)(B), by striking

4 ‘‘section 113(b)(14) of the Carl D. Perkins Vo5 cational Education Act’’ and inserting in lieu

6 thereof ‘‘section 105(e)(2) of the Carl D. Per7 kins Career Preparation Education Act’’;

8 (4) in section 123(c)—

9 (A) in paragraph (1)(E)(iii), by striking

10 ‘‘Carl D. Perkins Vocational and Applied Tech11 nology Education Act (20 U.S.C. 2301 et seq.)’’

12 and inserting in lieu thereof ‘‘Carl D. Perkins

13 Career Preparation Education Act’’; and

14 (B) in paragraph (2)(D)(iii), by striking

15 ‘‘Vocational and Applied Technology’’ and in16 serting in lieu thereof ‘‘Career Preparation’’;

17 (5) in section 125—

18 (A) in subsection (a), by inserting after

19 ‘‘coordinating committee’’ a comma and ‘‘as de20 scribed in section 422(b) of the Carl D. Perkins

21 Vocational and Applied Technology Education

22 Act as in effect on the day prior to the date of

23 enactment of the Career Preparation Education

24 Reform Act of 1995,’’;
69

HR 1426 IH

1 (B) in subsection (b)(1), by striking out

2 ‘‘Vocational’’ and inserting in lieu thereof ‘‘Ca3 reer Preparation’’; and

4 (C) in subsection (c), by inserting after

5 ‘‘Coordinating Committee’’ a comma and ‘‘as

6 established in section 422(a) of the Carl D.

7 Perkins Vocational and Applied Technology

8 Education Act as in effect on the day prior to

9 the date of enactment of the Career Prepara10 tion Education Reform Act of 1995,’’;

11 (6) in section 205(a)(2), by striking ‘‘Carl D.

12 Perkins Vocational and Applied Technology Edu13 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

14 in lieu thereof ‘‘Carl D. Perkins Career Preparation

15 Education Act’’;

16 (7) in section 265(b)(3), by striking ‘‘Carl D.

17 Perkins Vocational and Applied Technology Edu18 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

19 in lieu thereof ‘‘Carl D. Perkins Career Preparation

20 Education Act’’;

21 (8) in section 314(g)(2), by striking out ‘‘Voca22 tional and Applied Technology’’ and inserting in lieu

23 thereof ‘‘Career Preparation’’;

24 (9) in section 427(a)(1), by striking ‘‘local

25 agencies, including a State board or agency des-
70

HR 1426 IH

1 ignated pursuant to section 111(a)(1) of the Carl D.

2 Perkins Vocational Act which operates or wishes to

3 develop area vocational education school facilities or

4 residential vocational schools (or both) as authorized

5 by such Act, or private organizations’’ and inserting

6 in lieu thereof ‘‘local agencies, or private organiza7 tions’’;

8 (10) in section 455(b), by striking ‘‘Carl D.

9 Perkins Vocational and Applied Technology Edu10 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

11 in lieu thereof ‘‘Carl D. Perkins Career Preparation

12 Education Act’’;

13 (11) in section 461(c), by striking out ‘‘Voca14 tional’’ and inserting in lieu thereof ‘‘Career Prepa15 ration’’;

16 (12) in section 464—

17 (A) in subsection (a), by striking out ‘‘Carl

18 D. Perkins Vocational Education Act)’’ and in19 serting in lieu thereof ‘‘Carl D. Perkins Voca20 tional and Applied Technology Education Act

21 as in effect on the day prior to the date of en22 actment of the Career Preparation Education

23 Reform Act of 1995)’’;

24 (B) in subsection (b), by striking out ‘‘In

25 additional to its responsibilities under the Carl
71

HR 1426 IH

1 D. Perkins Vocational Education Act, the’’ and

2 inserting in lieu thereof ‘‘The’’; and

3 (C) in subsection (c), by striking out ‘‘this

4 Act, under section 422 of the Carl D. Perkins

5 Vocational Education Act, and’’ and inserting

6 in lieu thereof ‘‘this Act and’’;

7 (13) in section 605(c), by striking out ‘‘Voca8 tional Education Act)’’ and inserting in lieu thereof

9 ‘‘Vocational and Applied Technology Education Act

10 as in effect on the day prior to the date of enact11 ment of the Career Preparation Education Reform

12 Act of 1995)’’;

13 (14) in section 701(b)—

14 (A) by amending paragraph (1) to read as

15 follows:

16 ‘‘(1) IN GENERAL.—For purposes of this title,

17 the term ‘applicable Federal human resource pro18 gram’ includes any program authorized under the

19 provisions of law described under paragraph (2)(A)

20 that the Governor and the head of the State agency

21 or agencies responsible for the administration of

22 such program jointly agree to include within the ju23 risdiction of the State Council.’’; and

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

25 ‘‘Carl D. Perkins Vocational and Applied Tech-
72

HR 1426 IH

1 nology Education Act (20 U.S.C. 2301 et seq.)’’

2 and inserting in lieu thereof ‘‘Carl D. Perkins

3 Career Preparation Education Act’’; and

4 (15) in section 703(a)(2), by striking the

5 comma after ‘‘section 123(a)(2)(D)’’ and ‘‘except

6 that, with respect to the Carl D. Perkins Vocational

7 and Applied Technology Education Act (20 U.S.C.

8 2301 et seq.), such State may use funds only to the

9 extent provided under section 112(g) of such Act’’.

10 AMENDMENTS TO THE SMITH-HUGHES ACT

11 SEC. 302. The Act of February 23, 1917 (20 U.S.C.

12 11 et seq.) is amended—

13 (1) in section 1 (20 U.S.C. 11), by inserting

14 ‘‘through the fiscal year 1995’’ after ‘‘annually ap15 propriated’’;

16 (2) in section 2 (20 U.S.C. 12)—

17 (A) by inserting ‘‘through the fiscal year

18 1995’’ after ‘‘there is annually appropriated’’;

19 and

20 (B) by inserting ‘‘through the fiscal year

21 1995’’ after ‘‘There is appropriated for each fis22 cal year’’;

23 (3) in section 3 (20 U.S.C. 13)—

24 (A) by inserting ‘‘through the fiscal year

25 1995’’ after ‘‘there is annually appropriated’’;

26 and
73

HR 1426 IH

1 (B) by inserting ‘‘through the fiscal year

2 1995’’ after ‘‘There is appropriated’’;

3 (4) in section 4 (20 U.S.C. 14)—

4 (A) by inserting ‘‘through the fiscal year

5 1995’’ after ‘‘there is annually appropriated’’;

6 and

7 (B) by inserting ‘‘through the fiscal year

8 1995’’ after ‘‘And there is appropriated’’; and

9 (5) in section 7 (20 U.S.C. 15), by inserting

10 ‘‘through the fiscal year 1995’’ after ‘‘There is au11 thorized to be appropriated’’.

12 AMENDMENTS TO THE ADULT EDUCATION ACT

13 SEC. 303. The Adult Education Act (20 U.S.C. 1201

14 et seq.) is amended—

15 (1) in section 322(a)(4), by striking ‘‘Voca16 tional and Applied Technology’’ and inserting in lieu

17 thereof ‘‘Career Preparation’’;

18 (2) in section 342—

19 (A) in subsection (c)(11), by striking ‘‘Carl

20 D. Perkins Vocational Education Act of 1963’’

21 and inserting in lieu thereof ‘‘Carl D. Perkins

22 Career Preparation Education Act’’; and

23 (B) in subsection (d), by striking ‘‘Voca24 tional’’ and inserting in lieu thereof ‘‘Career

25 Preparation’’; and
74

HR 1426 IH

1 (3) by amending section 384(d)(1)(D)(ii) to

2 read as follows:

3 ‘‘(ii) be coordinated with activities

4 conducted by other educational and train5 ing entities that provide relevant technical

6 assistance;’’.

7 AMENDMENTS TO THE SCHOOL-TO-WORK OPPORTUNITIES

8 ACT OF 1994

9 SEC. 304. The School-to-Work Opportunities Act (20

10 U.S.C. 1601 et seq.) is amended—

11 (1) in section 202(a)(3), by striking ‘‘Voca12 tional and Applied Technology’’ and inserting in lieu

13 thereof ‘‘Career Preparation’’;

14 (2) in section 203(b)(2), by striking clause (I)

15 and redesignating clauses (J) and (K) as clauses (I)

16 and (J), respectively;

17 (3) in section 213—

18 (A) in subsection (d)(6)(B), by striking

19 ‘‘Vocational and Applied Technology’’ and in20 serting in lieu thereof ‘‘Career Preparation’’;

21 and

22 (B) in subsection (b)(4), by striking clause

23 (I) and redesignating clauses (J) and (K) as

24 clauses (I) and (J), respectively;

25 (4) in section 403(a), by striking ‘‘the individ26 uals assigned under section 111(b)(1) of the Carl D.
75

HR 1426 IH

1 Perkins Vocational and Applied Technology Edu2 cation Act (20 U.S.C. 2321(b)(1)),’’;

3 (5) in section 404—

4 (A) by inserting ‘‘and’’ after ‘‘(29 U.S.C.

5 1733(b)),’’; and

6 (B) by striking ‘‘and the National Network

7 for Curriculum Coordination in Vocational Edu8 cation under section 402(c) of the Carl D. Per9 kins Vocational and Applied Technology Edu10 cation Act (20 U.S.C. 2402(c)),’’;

11 (6) in section 502(b)(6), by striking ‘‘Voca12 tional and Applied Technology’’ and inserting in lieu

13 thereof ‘‘Career Preparation’’; and

14 (7) in section 505—

15 (A) in subsection (a)(2)(B)(i), by striking

16 ‘‘section 102(a)(3) of the Carl D. Perkins Voca17 tional and Applied Technology Education Act

18 (20 U.S.C. 2312(a)(3)’’ and inserting in lieu

19 thereof ‘‘section 112(c) of the Carl D. Perkins

20 Career Preparation Education Act’’; and

21 (B) in subsection (e), by striking ‘‘section

22 201(b) of the Carl D. Perkins Vocational and

23 Applied Technology Education Act (20 U.S.C.

24 2312(a)(3)’’ and inserting in lieu thereof ‘‘sec-
76

HR 1426 IH

1 tion 102 of the Carl D. Perkins Career Prepa2 ration Education Act’’.

3 AMENDMENTS TO THE ELEMENTARY AND SECONDARY

4 EDUCATION ACT OF 1965

5 SEC. 305. The Elementary and Secondary Education

6 Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

7 (1) in section 1114(b)(2)(C)(v), by striking

8 ‘‘Vocational and Applied Technology’’ and inserting

9 in lieu thereof ‘‘Career Preparation’’;

10 (2) in section 9115(b)(5), by striking ‘‘Voca11 tional and Applied Technology’’ and inserting in lieu

12 thereof ‘‘Career Preparation’’;

13 (3) by amending section 14302(a)(2)(C) to read

14 as follows: ‘‘(C) services and activities under section

15 102 of the Carl D. Perkins Career Preparation Edu16 cation Act;’’ and

17 (4) in section 14307(a)(1), by striking ‘‘Voca18 tional and Applied Technology’’ and inserting in lieu

19 thereof ‘‘Career Preparation’’.

20 AMENDMENTS TO THE GOALS 2000: EDUCATE AMERICA

21 ACT

22 SEC. 306. The Goals 2000: Educate America Act (20

23 U.S.C. 5801 et seq.) is amended—

24 (1) in section 306—

25 (A) in subsection (c)(1)(A), by inserting

26 before the semicolon at the end thereof a
77

HR 1426 IH

1 comma and ‘‘as in effect on the day prior to the

2 date of enactment of the Career Preparation

3 Education Reform Act of 1995, until not later

4 than July 1, 1998, and the performance goals

5 and indicators developed pursuant to section

6 108 of the Carl D. Perkins Career Preparation

7 Education Act thereafter’’; and

8 (B) in subsection (1), by striking out ‘‘Vo9 cational and Applied Technology’’ and inserting

10 in lieu thereof ‘‘Career Preparation’’; and

11 (2) in section 311(b)(6), by striking out ‘‘Voca12 tional and Applied Technology’’ and inserting in lieu

13 thereof ‘‘Career Preparation’’.

14 OTHER TECHNICAL AND CONFORMING AMENDMENTS

15 SEC. 307. (a) HIGHER EDUCATION ACT OF 1965.—

16 The Higher Education Act of 1965 (20 U.S.C. 1001 et

17 seq.) is amended—

18 (1) by amending section 127(2) to read as fol19 lows:

20 ‘‘(2) have, as one of the partners participating

21 in an articulation agreement, an entity that uses

22 funds under title I of the Carl D. Perkins Career

23 Preparation Education Act to support tech-prep

24 education services and activities;’’;

25 (2) in section 481(a)(3)(A), by striking ‘‘section

26 521(4)(C) of the Carl D. Perkins Vocational and
78

HR 1426 IH

1 Applied Technology Education Act’’ and inserting in

2 lieu thereof ‘‘section 305(3)(B) of the Carl D. Per3 kins Career Preparation Education Act’’;

4 (3) in section 484(l)(1), by striking ‘‘section

5 521(4)(C) of the Carl D. Perkins Vocational and

6 Applied Technology Education Act’’ and inserting in

7 lieu thereof ‘‘section 305(3)(B) of the Carl D. Per8 kins Career Preparation Education Act’’; and

9 (4) in section 503(b)(2)(B)(vi), by striking ‘‘in

10 a Tech-Prep program under section 344 of the Carl

11 D. Perkins Vocational and Applied Technology Edu12 cation Act’’ and inserting in lieu thereof ‘‘in a tech13 prep program supported through services and activi14 ties under the Carl D. Perkins Career Preparation

15 Education Act’’.

16 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

17 ACT.—Section 626(g) of the Individuals with Disabilities

18 Education Act (20 U.S.C. 1400 et seq.) is amended by

19 striking out ‘‘Vocational and Applied Technology’’ and in20 serting in lieu thereof ‘‘Career Preparation’’.

21 (c) REHABILITATION ACT OF 1973.—Section

22 101(a)(11)(A) of the Rehabilitation Act of 1973 (29

23 U.S.C. 701 et seq.) is amended by striking out ‘‘Voca24 tional and Applied Technology Education Act (20 U.S.C.
79

HR 1426 IH

1 2301 et seq.)’’ and inserting in lieu thereof ‘‘Career Prep2 aration Education Act’’.

3 (d) DISPLACED HOMEMAKERS SELF-SUFFICIENCY

4 ASSISTANCE ACT.—Section 9(a)(2) of the Displaced

5 Homemakers Self-Sufficiency Assistance Act (29 U.S.C.

6 2301 et seq.) is amended by inserting ‘‘as in effect on the

7 day prior to the date of enactment of the Career Prepara8 tion Education Reform Act of 1995 or the State agency

9 or agencies designated under section 106(a) of the Carl

10 D. Perkins Career Preparation Education Act,’’.

11 (e) WAGNER-PEYSER ACT.—Section 7(c)(2)(A) of

12 the Act of June 6, 1933 (29 U.S.C. 49 et seq.) is amended

13 by striking out ‘‘Vocational and Applied Technology’’ and

14 inserting in lieu thereof ‘‘Career Preparation’’.

15 (f) EQUITY IN EDUCATIONAL LAND-GRANT STATUS

16 ACT OF 1994.—Section 533(c)(4)(A) of the Equity in

17 Education Land-Grant Status Act of 1994 (7 U.S.C. 301

18 note; part C of title V of the Improving America’s Schools

19 Act) is amended by inserting after ‘‘(20 U.S.C.

20 2397h(3))’’ a comma and ‘‘as in effect on the day prior

21 to the date of enactment of the Career Preparation Edu22 cation Reform Act of 1995,’’.

23 (g) TITLE 31, CHAPTER 67, OF THE UNITED STATES

24 CODE.—Section 6703(a)(12) of title 31, United States

25 Code (as added by section 31001 of the Violent Crime
80

HR 1426 IH

1 Control and Law Enforcement Act of 1994) is amended

2 by striking out ‘‘Vocational and Applied Technology’’ and

3 inserting in lieu thereof ‘‘Career Preparation’’.

4 (h) NONTRADITIONAL EMPLOYMENT FOR WOMEN

5 ACT.—Section 2(b)(3) of the Nontraditional Employment

6 for Women Act (29 U.S.C. 1501 note) is amended by

7 striking out ‘‘Vocational and Applied Technology’’ and in8 serting in lieu thereof ‘‘Career Preparation’’.

9 (i) TRAINING TECHNOLOGY TRANSFER ACT OF

10 1988.—Section 6107(6) of the Training Technology

11 Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is amended

12 by inserting before the semicolon at the end thereof a

13 comma and ‘‘as in effect on the day prior to the date of

14 enactment of the Career Preparation Education Reform

15 Act of 1995’’.

16 (j) GENERAL REDESIGNATION.—Any other ref17 erences to the Carl D. Perkins Vocational and Applied

18 Technology Education Act shall be deemed to refer to the

19 Carl D. Perkins Career Preparation Education Act.

Æ

HR 1426 IH——2

HR 1426 IH——3

HR 1426 IH——4

HR 1426 IH——5

HR 1426 IH——6