II

104TH CONGRESS

1ST SESSION S. 696

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 SENATE OF THE UNITED STATES

APRIL 6 (legislative day, APRIL 5), 1995

Mr. KENNEDY introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

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,
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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.
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‘‘PART B—ALLOCATING STATE AND LOCAL RESOURCES

‘‘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
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1 States lack sufficient curriculum focus to prepare

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

3 degree or for entering careers with a high-skill, high4 wage potential;

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

6 America Act has helped to establish a new frame7 work for education reform, based on challenging

8 State academic standards and industry-based skill

9 standards for all students;

10 ‘‘(3) enactment of the School-to-Work Opportu11 nities Act of 1994 has helped to catalyze the devel12 opment, in all States, of statewide systems offering

13 opportunities for all students to participate in

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

15 leading to postsecondary education, further learning,

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

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

18 which this Act is a key component, will further

19 strengthen the capacity of States, schools, and busi20 nesses, working together, to upgrade the skills of

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

22 ‘‘(5) local, State, and national programs sup23 ported under the Carl D. Perkins Vocational and

24 Applied Technology Education Act have assisted

25 many students in obtaining occupational and aca-
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1 demic skills, as well as employment, but now these

2 programs must become part of the larger reforms

3 taking place under the School-to-Work Opportunities

4 Act of 1994;

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

6 statutes and the broader reforms that States and lo7 calities carry out under the Goals 2000: Educate

8 America Act, this Act can enhance the capacity of

9 States to establish school-to-work opportunities sys10 tems that serve all students, enable a greater num11 ber of students to achieve to challenging State aca12 demic standards and industry-based skill standards,

13 and contribute to enabling all Americans to prosper

14 in a highly competitive, technological economy;

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

16 disabilities, educationally or economically disadvan17 taged students, students of limited English pro18 ficiency, incarcerated youth, migrant children, foster

19 children, school dropouts, and women) often face

20 great challenges in acquiring the academic knowl21 edge and occupational skills needed for successful

22 employment and thus may need special assistance

23 and services to allow them to participate fully in ca24 reer preparation activities;
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1 ‘‘(8) Federal resources currently support a

2 maze of employment-related education and training

3 programs that are often focused on specific content

4 areas or populations, have conflicting or overlapping

5 requirements, and are not administered in an inte6 grated manner, thus inhibiting the capacity of State

7 and local administrators to implement programs that

8 meet the needs of individual States and localities;

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

10 performance partnership with States and localities

11 based on clear programmatic goals, increased State

12 and local flexibility, improved accountability, and

13 performance goals, indicators, and incentives—pro14 vide to States and localities financial assistance for

15 the expansion of school-to-work opportunities sys16 tems in all States, as well as for services and activi17 ties that ensure that all students, including students

18 with special needs, have full access to the programs

19 offered through those systems; and

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

21 States and localities by carrying out nationally sig22 nificant research, development, demonstration, dis23 semination, evaluation, capacity-building, data col24 lection, training, and technical assistance activities

25 that support State and local efforts to implement
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1 successfully services and activities that are funded

2 under this Act, as well as to implement State and

3 local career preparation activities that are supported

4 with their own resources.

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

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

7 partnership with States and localities, to acquire the

8 knowledge and skills they need to meet challenging State

9 academic standards and industry-based skill standards

10 and to prepare for postsecondary education, further learn11 ing, and a wide range of opportunities in high-skill, high12 wage careers. This purpose shall be pursued through sup13 port for State and local efforts that—

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

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

16 as the Goals 2000: Educate America Act and other

17 legislation;

18 ‘‘(2) integrate reforms of vocational education

19 with overall State reforms of academic preparation

20 in schools;

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

22 activities and services that integrate academic and

23 occupational instruction, link secondary and post24 secondary education, link school-based and work25 based learning, coordinate efforts for in-school and
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1 out-of-school youth, and enable students to complete

2 career majors in broad occupational clusters;

3 ‘‘(4) increase State and local flexibility in pro4 viding services and activities designed to develop, im5 plement, and improve school-to-work opportunities

6 systems, as well as integrating these services and ac7 tivities with services and activities supported with

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

9 under the Job Training Partnership Act, in ex10 change for clear accountability for results;

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

12 who are members of special populations, with the op13 portunity to participate in the full range of career

14 preparation services and activities; and

15 ‘‘(6) benefit from national research, develop16 ment, demonstration, dissemination, evaluation, ca17 pacity-building, data collection, training, and tech18 nical assistance activities supporting the develop19 ment, implementation, and improvement of school20 to-work opportunities systems.

21 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

23 are authorized to be appropriated to carry out title I, sec24 tion 201, section 206(a), and section 206(d) of this Act

25 $1,141,088,000 for the fiscal year 1996 and such sums
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1 as may be necessary for each of the fiscal years 1997

2 through 2005.

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

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

5 201, 206(a), and 206(d) of this Act, $37,000,000 for the

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

7 each of the fiscal years 1997 through 2005.

8 ‘‘TITLE I—PREPARING STUDENTS FOR

9 CAREERS

10 ‘‘PART A—IMPROVING STATE AND LOCAL PROGRAMS

11 ‘‘PRIORITIES

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

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

14 funds under this title shall be used to support the develop15 ment, implementation, and improvement of school-to-work

16 opportunities systems in secondary and postsecondary

17 schools, as set forth in title I of the School-to-Work Op18 portunities Act of 1994. States and local recipients shall

19 give priority to services and activities designed to—

20 ‘‘(1) ensure that all students, including stu21 dents who are members of special populations, have

22 the opportunity to achieve to challenging State aca23 demic standards and industry-based skill standards;

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

25 vocational education;
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1 ‘‘(3) support career majors in broad occupa2 tional clusters or industry sectors;

3 ‘‘(4) effectively link secondary and postsecond4 ary education;

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

6 with strong experience in, and understanding of, all

7 aspects of the industry they are preparing to enter;

8 ‘‘(6) combine school-based and work-based in9 struction, including instruction in general workplace

10 competencies;

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

12 mentoring; and

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

14 students at the earliest possible age, including the

15 provision of career awareness, exploration, and guid16 ance information to students and their parents that

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

18 that the students and their parents understand.

19 ‘‘STATE LEADERSHIP ACTIVITIES

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

21 this title shall, from amounts reserved for State leadership

22 activities under section 112(c), conduct services and activi23 ties that further the development, implementation, and im24 provement of its statewide school-to-work opportunities

25 system and that are integrated, to the maximum extent

26 possible, with broader educational reforms underway in
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1 the State as well as activities the State carries out under

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

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

4 Partnership Act, and the Elementary and Secondary Edu5 cation Act of 1965, including such activities as—

6 ‘‘(1) providing comprehensive professional de7 velopment for vocational teachers, academic teach8 ers, and career guidance personnel that—

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

10 to meet the goals established by the State

11 under section 108; and

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

13 needs for professional development, as deter14 mined under section 2205(b)(2)(C) the Elemen15 tary and Secondary Education Act of 1965, and

16 is integrated with the professional development

17 activities that the State carries out under title

18 II of that Act;

19 ‘‘(2) developing and disseminating curricula

20 that are aligned, as appropriate, with challenging

21 State academic standards and industry-based skill

22 standards;

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

24 and improvement in, services and activities con25 ducted with assistance under this Act;
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1 ‘‘(4) promoting equity in secondary and post2 secondary education and, to the maximum extent

3 possible, ensuring opportunities for all students, in4 cluding students who are members of special popu5 lations, as well as single parents and single, preg6 nant women, to participate in education activities

7 that are free from sexual and other harassment and

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

9 ‘‘(5) improving career guidance and counseling

10 for students, including use of one-stop career cen11 ters;

12 ‘‘(6) expanding and improving the use of edu13 cational technology;

14 ‘‘(7) supporting partnerships of local edu15 cational agencies, institutions of higher education,

16 and, as appropriate, other entities, such as employ17 ers, labor organizations, and community-based orga18 nizations, to provide models, such as youth develop19 ment partnerships as described in section 202(a)(3)

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

21 including students who are members of special popu22 lations, to achieve to challenging State academic

23 standards and industry-based skill standards;
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1 ‘‘(8) promoting the dissemination and use of oc2 cupational information, including use of one-stop ca3 reer centers;

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

5 one or more local recipients in recognition of exem6 plary quality or innovation in education services and

7 activities, or exemplary services and activities for

8 students who are members of special populations, as

9 determined by the State through a peer review proc10 ess, using performance goals and indicators de11 scribed in section 108 or other appropriate criteria;

12 ‘‘(10) supporting vocational student organiza13 tions, especially with respect to efforts to increase

14 the participation of students who are members of

15 special populations in such organizations;

16 ‘‘(11) serving special populations and individ17 uals in State institutions, such as State correctional

18 institutions and institutions that serve individuals

19 with disabilities.

20 ‘‘LOCAL ACTIVITIES

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

22 local recipient that receives a subgrant under this title

23 shall use funds to—

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

25 the development, implementation, and improvement
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1 of the school-to-work opportunities system in the

2 State;

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

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

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

6 or campuses that serve the highest numbers or per7 centages of students who are members of special

8 populations.

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

10 that receives a subgrant under this title may use funds

11 to—

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

13 the priorities described in section 101, such as—

14 ‘‘(A) developing curricula, including estab15 lishing and expanding career majors;

16 ‘‘(B) acquiring and adapting equipment,

17 including instructional aids;

18 ‘‘(C) providing professional development

19 activities;

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

21 community-based organizations, such as cur22 riculum modification, equipment modification,

23 classroom modification, supportive personnel,

24 instructional aids and devices, guidance, career

25 information, English language instruction, and
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1 child care, to meet the education needs of stu2 dents who are members of special populations;

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

4 and activities;

5 ‘‘(F) carrying out activities that ensure ac6 tive and continued involvement of business and

7 labor in the development, implementation, and

8 improvement of a school-to-work opportunities

9 system in the State;

10 ‘‘(G) matching students with the work11 based learning opportunities of employers; and

12 ‘‘(H) providing assistance to students who

13 have participated in services and activities

14 under this Act in finding an appropriate job

15 and continuing their education and training;

16 and

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

18 meet the purpose of this Act.

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

20 educational practices and performance of all students, in21 cluding students who are members of special populations,

22 each local recipient that receives a subgrant under this

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

24 section 109(a)(1) or 109(a)(2).
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1 ‘‘(d) EQUIPMENT.—Equipment acquired or adapted

2 with funds under this title may be used for other instruc3 tional purposes when not being used to carry out this title

4 if such acquisition or adaptation was reasonable and nec5 essary for providing services or activities under this title

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

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

8 under this title.

9 ‘‘COMBINATION OF FUNDS

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

11 implement, and improve school-to-work opportunities sys12 tems, States and local recipients that are assisted under

13 this Act may combine funds from programs listed in sub14 section (e) in accordance with subsections (b) through (d).

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

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

17 available for State leadership activities under one or more

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

19 out State leadership activities that are authorized under

20 this title as well as under such other program or pro21 grams.

22 ‘‘(c) LOCAL ACTIVITIES.—A local recipient may com23 bine funds authorized under section 112(a) with funds

24 available for services and activities related to the develop25 ment, implementation, or improvement of school-to-work

26 opportunities systems in one or more of the programs list-
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1 ed in subsection (e) in order to provide services and activi2 ties that are authorized under this title as well as under

3 such other program or programs.

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

5 be construed to—

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

7 this Act to maintain separate records tracing any

8 services or activities conducted with funds combined

9 under this section to the individual program or pro10 grams listed in subsection (e) under which funds

11 were authorized; or

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

13 programs listed in subsection (e), except as author14 ized in section 301.

15 ‘‘(e) INCLUDED PROGRAMS.—Funds may be com16 bined for programs, services, or activities authorized

17 under—

18 ‘‘(1) this Act;

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

20 1994;

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

22 ‘‘(4) the Elementary and Secondary Education

23 Act of 1965; and

24 ‘‘(5) the Job Training Partnership Act.
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1 ‘‘STATE PLANS

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

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

4 shall submit to, or have on file with, the Secretary a five5 year State plan in accordance with this section. The State

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

7 that may include State plan provisions under the Goals

8 2000: Educate America Act, the School-to-Work Opportu9 nities Act of 1994, section 14302 of the Elementary and

10 Secondary Education Act of 1965, the Job Training Part11 nership Act, and any other Federal education and training

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

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

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

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

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

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

18 objective assessment of its progress in developing, imple19 menting, and improving its school-to-work opportunities

20 system and in meeting the priorities described in section

21 101.

22 ‘‘(b) APPROVALS.—(1) Notwithstanding the designa23 tion of the responsible agency or agencies under section

24 112, the agencies that shall approve the State plan under

25 subsection (a) are—
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1 ‘‘(A) the State educational agency; and

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

3 higher education (including community colleges) that

4 the State chooses.

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

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

7 section and is of sufficient quality to meet the purpose

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

9 process to make recommendations regarding approval of

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

11 shall not finally disapprove a State plan before giving the

12 State reasonable notice and an opportunity for a hearing.

13 ‘‘(c) CONSULTATION.—(1) In developing and imple14 menting its plan under subsection (a), and any revisions

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

16 individuals, employers, and organizations in the State that

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

18 described in section 213(d)(5) of the School-to-Work Op19 portunities Act of 1994, and individuals, employers, and

20 organizations that have an interest in education and train21 ing for students who are members of special populations.

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

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

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

25 and comment and shall ensure that any comments the
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1 Governor may have are included with the State plan or

2 revision when the State plan or revision is submitted to

3 the Secretary.

4 ‘‘(d) CONTENTS.—(1) Each State plan under sub5 section (a) shall describe how the State will use funds

6 under this title to—

7 ‘‘(A) develop, implement, or improve the state8 wide school-to-work opportunities system and ad9 dress the priorities described in section 101;

10 ‘‘(B) ensure that all students, including stu11 dents who are members of special populations, have

12 the opportunity to achieve to challenging State aca13 demic standards and industry-based skill standards

14 and will be prepared for postsecondary education,

15 further learning, and entrance into high-skill, high16 wage careers;

17 ‘‘(C) establish performance goals and indicators

18 described in section 108;

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

20 under section 213(d) of the School-to-Work Oppor21 tunities Act of 1994 or address the needs identified

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

23 developing, implementing, and improving its school24 to-work opportunities system; and
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1 ‘‘(E) carry out State leadership activities under

2 section 102.

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

4 describe how the State will integrate its services and ac5 tivities under this title with broad educational reforms in

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

7 America Act and the School-to-Work Opportunities Act of

8 1994, as well as related services and activities under the

9 Elementary and Secondary Education Act of 1965, the

10 Job Training Partnership Act, and relevant employment,

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

12 ‘‘(e) ASSURANCES.—Each State plan under sub13 section (a) shall contain assurances that the State will—

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

15 and the provisions of the State plan; and

16 ‘‘(2) provide for the fiscal control and fund ac17 counting procedures that may be necessary to ensure

18 the proper disbursement of, and accounting for,

19 funds paid to the State under this Act.

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

21 other factors require substantial revision to an approved

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

23 revisions to the State plan to the Secretary. State plan

24 revisions shall be approved by the State educational agen25 cy and each of the State agencies responsible for higher
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1 education (including community colleges) that approved

2 the State plan.

3 ‘‘STATE ADMINISTRATION

4 ‘‘SEC. 106. (a) RESPONSIBLE AGENCY OR AGEN5 CIES.—Any State desiring to receive a grant under section

6 111(f) shall, consistent with State law, designate an edu7 cational agency or agencies that shall be responsible for

8 the administration of services and activities under this

9 Act, including—

10 ‘‘(1) the development, submission, and imple11 mentation of the State plan;

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

13 the State’s duties under the Act; and

14 ‘‘(3) consultation with other appropriate agen15 cies, groups, and individuals that are involved in the

16 development and implementation of services and ac17 tivities assisted under this Act, such as business, in18 dustry, parents, students, teachers, labor organiza19 tions, community-based organizations, State and

20 local elected officials, and local program administra21 tors.

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

23 a grant under section 111(f) shall—

24 ‘‘(1) gather and disseminate data on the effec25 tiveness of services and activities related to the

26 State’s school-to-work opportunities system in meet-
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1 ing the educational and employment needs of women

2 and students who are members of special popu3 lations;

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

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

6 to ensure that the needs of women and students who

7 are members of special populations are addressed in

8 the administration of this title;

9 ‘‘(3) recommend outreach and other activities

10 that inform women and students who are members

11 of special populations about their education and em12 ployment opportunities;

13 ‘‘(4) advise local educational agencies, post14 secondary educational institutions, and other inter15 ested parties in the State on expanding career prep16 aration opportunities for women and students who

17 are members of special populations and helping to

18 ensure that the needs of men and women in training

19 for nontraditional jobs are met; and

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

21 education at the secondary and postsecondary levels.

22 ‘‘LOCAL APPLICATIONS

23 ‘‘SEC. 107. (a) ELIGIBILITY.—Schools and other in24 stitutions or agencies eligible to apply, individually or as

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

26 ‘‘(1) local educational agencies;
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1 ‘‘(2) area vocational education schools that pro2 vide education at the postsecondary level;

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

4 ‘‘(4) postsecondary educational institutions con5 trolled by the Bureau of Indian Affairs or operated

6 by or on behalf of any Indian tribe that is eligible

7 to contract with the Secretary of the Interior for the

8 administration of programs under the Indian Self9 Determination Act or the Act of April 16, 1934.

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

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

12 receive a subgrant under this title shall, according to re13 quirements established by the State, submit an application

14 to the agency or agencies designated under section 106.

15 In addition to including such information as the State may

16 require and identifying the results the applicant seeks to

17 achieve, each application shall also describe how the appli18 cant will use funds under this title to—

19 ‘‘(1) develop, improve, or implement a school-to20 work opportunities system in secondary and post21 secondary schools and address the priorities de22 scribed in section 101, in accordance with section

23 103;
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1 ‘‘(2) evaluate progress toward the results it

2 seeks to achieve, consistent with the performance

3 goals and indicators established under section 108;

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

5 related services and activities offered by community6 based organizations, employers, and labor organiza7 tions, and, to the extent possible, integrate its serv8 ices and activities under this title with broad edu9 cational reforms in the State, including those under

10 the Goals 2000: Educate America Act and the

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

12 as related services and activities under the Elemen13 tary and Secondary Education Act of 1965, the Job

14 Training Partnership Act, and relevant employment,

15 training, and welfare programs carried out in the

16 State; and

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

18 other interested individuals or groups, in developing

19 their services and activities.

20 ‘‘PERFORMANCE GOALS AND INDICATORS

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

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

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

24 level of performance to be achieved by students

25 served under this title and to evaluate the quality
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1 and effectiveness of services and activities under this

2 title;

3 ‘‘(B) express such goals in an objective, quan4 tifiable, and measurable form;

5 ‘‘(C) establish performance indicators that the

6 State and local recipients will use in measuring or

7 assessing progress toward achieving such goals; and

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

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

10 on the State’s progress in achieving its goals, includ11 ing information on the progress of students who are

12 members of special populations.

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

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

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

16 and postsecondary schools and to carry out activities

17 under paragraph (1)(D).

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

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

20 with States to ensure that their performance goals under

21 this section are consistent with challenging State academic

22 standards and industry-based skill standards and their

23 State goals established under the School-to-Work Oppor24 tunities Act of 1994 and title II of the Job Training Part25 nership Act. Performance goals established under para-
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1 graph (1)(A) of subsection (a) shall be in accord with the

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

3 Performance indicators established under paragraph

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

5 ‘‘(1) achievement to challenging State academic

6 standards, such as those established under Goals

7 2000: Educate America Act, and industry-based skill

8 standards;

9 ‘‘(2) receipt of a high school diploma, skills cer10 tificate, and postsecondary certificate or degree; and

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

12 particularly in the career major of the student.

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

14 goals and indicators under subsection (a), each State re15 ceiving funds under this title shall use the system of stand16 ards and measures developed under section 115 of the

17 Carl D. Perkins Vocational and Applied Technology Edu18 cation Act as in effect prior to the enactment of this Act.

19 A State shall use its performance goals and indicators es20 tablished under subsection (a) not later than July 1, 1997.

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

22 provide technical assistance to the States regarding the

23 development of the State’s performance goals and indica24 tors under subsection (a). Notwithstanding any other pro25 vision of law, the Secretary may use funds appropriated
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1 for title II to provide technical assistance under this

2 section.

3 ‘‘EVALUATION, IMPROVEMENT, AND ACCOUNTABILITY

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

5 recipient of a subgrant under this title shall biennially

6 evaluate, using performance goals and indicators described

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

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

9 a school-to-work opportunities system at the local level

10 and the effectiveness of its services and activities sup11 ported under this title in achieving the priorities described

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

13 members of special populations.

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

15 its school-to-work opportunities system that are not sup16 ported with funds under this title, including its entire sys17 tem. If such recipient does so, it need not evaluate sepa18 rately that portion of its school-to-work opportunities sys19 tem supported with funds under this title.

20 ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State deter21 mines, based on the local evaluation under subsection (a)

22 and applicable performance goals and indicators estab23 lished under section 108, that a local recipient is not mak24 ing substantial progress in achieving the purpose of this

25 Act in accordance with the priorities described in section

26 101, the State shall work jointly with the local recipient
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1 to develop a plan, in consultation with teachers, parents,

2 and students, for improvement for succeeding school

3 years. If, after three years of implementation of the im4 provement plan, the State determines that the local recipi5 ent is not making sufficient progress, the State shall take

6 whatever corrective action it deems necessary, consistent

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

8 after it has provided technical assistance to the recipient

9 and shall ensure that any corrective action it takes allows

10 for continued career preparation education services and

11 activities for the recipient’s students.

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

13 two years on a schedule determined by the Secretary, re14 port to the Secretary on the quality and effectiveness of

15 its services and activities provided through its grant under

16 title I, based on the performance goals and indicators es17 tablished under section 108.

18 ‘‘(d) TECHNICAL ASSISTANCE.—If the Secretary de19 termines that the State is not properly implementing its

20 responsibilities under subsection (b), or is not making sub21 stantial progress in meeting the purpose of this Act or

22 carrying out services and activities that are in accord with

23 the priorities described in section 101, based on the per24 formance goals and indicators established under section
30

S 696 IS

1 108, the Secretary shall work with the State to implement

2 improvement activities.

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

4 a reasonable time, but not earlier than one year after im5 plementation of the improvement activities described in

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

7 not making sufficient progress, based on the performance

8 goals and indicators established under section 108, the

9 Secretary shall, after notice and opportunity for a hearing,

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

11 allotment under this title. The Secretary may use funds

12 withheld under the preceding sentence to provide, through

13 alternative arrangements, services and activities within the

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

15 with the priorities described in section 101.

16 ‘‘PART B—ALLOCATING STATE AND LOCAL RESOURCES

17 ‘‘ALLOTMENTS

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

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

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

21 may reserve not more than 10 percent for carrying out

22 section 201.

23 ‘‘(b) ALLOTMENT FOR INDIANS AND NATIVE HAWAI24 IANS.—In each fiscal year, from the amount made avail-
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1 able under section 3(a) for title I, the Secretary shall re2 serve 1.50 percent of which—

3 ‘‘(1) 1.25 percent shall be for carrying out sec4 tion 206(a); and

5 ‘‘(2) 0.25 percent shall be for carrying out sec6 tion 206(d).

7 ‘‘(c) ALLOTMENT TO STATES.—(1) Subject to para8 graph (2), from the remainder of the sum available for

9 title I, the Secretary shall allot to each State for each fis10 cal year—

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

12 percent of the sum being allotted as the product of

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

14 in the fiscal year preceding the fiscal year for which

15 the determination is made and the State’s allotment

16 ratio bears to the sum of the corresponding products

17 for all the States; and

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

19 percent of the sum being allotted as the product of

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

21 in the fiscal year preceding the fiscal year for which

22 the determination is made and the State’s allotment

23 ratio bears to the sum of the corresponding products

24 for all the States.
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1 ‘‘(2)(A) Notwithstanding any other provision of law

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

3 through the fiscal year 1998 no State shall receive for

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

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

6 State for the fiscal year 1995 for programs authorized by

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

8 Perkins Vocational and Applied Technology Education

9 Act.

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

11 for services and activities authorized by title I and avail12 able for allotment under this section is insufficient to sat13 isfy the provisions of subparagraph (A), the Secretary

14 shall ratably reduce the payments to all States for such

15 services and activities as necessary.

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

17 allotment for this title for each of American Samoa,

18 Guam, the Northern Mariana Islands, and the Virgin Is19 lands shall not be less than $200,000.

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

21 any State shall be 1.00 less the product of—

22 ‘‘(1) 0.50; and

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

24 capita income for the State by the per capita income

25 for all the States (exclusive of American Samoa,
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S 696 IS

1 Guam, Puerto Rico, the Northern Mariana Islands,

2 and the Virgin Islands), except that—

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

4 more than 0.60 or less than 0.40; and

5 ‘‘(B) the allotment ratio for American

6 Samoa, Guam, Puerto Rico, the Northern Mari7 ana Islands, and the Virgin Islands shall be

8 0.60.

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

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

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

12 out the services and activities for which such amount has

13 been allotted, the Secretary shall make such amount avail14 able for reallotment to one or more other States. Any

15 amount reallotted to a State under this subsection shall

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

17 in which it is obligated.

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

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

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

21 plan under section 105.

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

23 purposes of this section—

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

25 basis of the average of the appropriate per capita in-
34

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1 comes for the three most recent consecutive fiscal

2 years for which satisfactory data are available;

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

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

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

6 population of the area concerned in such year; and

7 ‘‘(3) population shall be determined by the Sec8 retary on the basis of the latest estimates available

9 to the Department that are satisfactory to the Sec10 retary.

11 ‘‘WITHIN-STATE ALLOCATION

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

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

14 subgrants to local recipients at least 80 percent of its

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

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

17 the State shall award as subgrants to local recipients at

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

19 fiscal year.

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

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

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

23 State plan, including developing the plan, reviewing local

24 applications, supporting activities to ensure the active par25 ticipation of interested individuals and organizations, and

26 ensuring compliance with all applicable Federal laws.
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1 ‘‘(2) Each State shall match, from non-Federal

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

3 for State administration under paragraph (1).

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

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

6 year for State leadership activities described in section

7 102.

8 ‘‘DISTRIBUTION OF FUNDS

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

10 SECONDARY LEVEL.—(1) Except as provided in sub11 sections (c), (d), and (e), each State shall, each fiscal year,

12 distribute to local educational agencies, or consortia of

13 such agencies, within the State funds under this title avail14 able for secondary school education services and activities

15 that are conducted in accordance with the priorities de16 scribed in section 101. Each local educational agency or

17 consortium shall be allocated an amount that bears the

18 same relationship to the amount available as that local

19 educational agency or consortium was allocated under sub20 part 2 of part A of title I of the Elementary and Second21 ary Education Act of 1965 in the preceding fiscal year

22 bears to the total amount received under such subpart by

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

24 year.

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

26 State shall—
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1 ‘‘(A) distribute those funds that, based on the

2 distribution formula under paragraph (1), would

3 have gone to a local educational agency serving only

4 elementary schools, to the local educational agency

5 that provides secondary school services to secondary

6 school students in the same attendance area;

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

8 that has jurisdiction over secondary schools, but not

9 elementary schools, funds based on the number of

10 students that entered such secondary schools in the

11 previous year from the elementary schools involved;

12 and

13 ‘‘(C) distribute funds to an area vocational edu14 cation school in any case in which—

15 ‘‘(i) the area vocational education school

16 and the local educational agency or agencies

17 concerned have an agreement to use such funds

18 to provide services and activities in accordance

19 with the priorities described in section 101; and

20 ‘‘(ii) the area vocational education school

21 serves an equal or greater proportion of stu22 dents with disabilities or economically disadvan23 taged students than the proportion of these stu24 dents under the jurisdiction of the local edu-
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1 cational agencies sending students to the area

2 vocational education school.

3 ‘‘(b) DISTRIBUTION OF FUNDS AT THE POST4 SECONDARY LEVEL.—(1) Except as provided in sub5 sections (c), (d), and (e), each State shall, each fiscal year,

6 distribute to eligible institutions, or consortia of such insti7 tutions, within the State funds under this title available

8 for postsecondary school education services and activities

9 that are conducted in accordance with the priorities de10 scribed in section 101. Each such eligible institution or

11 consortium shall be allocated an amount that bears the

12 same relationship to the amount of funds available as the

13 number of Pell Grant recipients and recipients of assist14 ance from the Bureau of Indian Affairs enrolled by such

15 institution or consortium in the preceding fiscal year bears

16 to the number of such recipients enrolled in such programs

17 within the State in such fiscal year.

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

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

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

21 ‘‘(ii) a local educational agency providing

22 education at the postsecondary level;

23 ‘‘(iii) an area vocational education school

24 providing education at the postsecondary level;

25 and
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1 ‘‘(iv) a postsecondary educational institu2 tion controlled by the Bureau of Indian Affairs

3 or operated by or on behalf of any Indian tribe

4 that is eligible to contract with the Secretary of

5 the Interior for the administration of programs

6 under the Indian Self-Determination Act or the

7 Act of April 16, 1934; and

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

9 recipient of financial aid under subpart 1 of part A

10 of title IV of the Higher Education Act of 1965.

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

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

13 using an alternative formula if the State demonstrates to

14 the Secretary’s satisfaction that such alternative formula

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

16 the priorities described in section 101, and that—

17 ‘‘(1) in the case of funds distributed to second18 ary schools—

19 ‘‘(A) the formula described in subsection

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

21 the local educational agencies or consortia that

22 serve secondary school students with the great23 est need for services and activities under this

24 title, including students who are members of

25 special populations; and
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1 ‘‘(B) the alternative formula would better

2 serve the needs of these students; and

3 ‘‘(2) in the case of funds distributed to post4 secondary schools—

5 ‘‘(A) the formula described in subsection

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

7 the eligible institutions or consortia that have

8 the highest numbers or percentages of economi9 cally disadvantaged students, as described in

10 subsection (g); and

11 ‘‘(B) the alternative formula would result

12 in such a distribution.

13 ‘‘(d) MINIMUM SUBGRANT AMOUNTS.—(1)(A) Ex14 cept as provided in subparagraph (B), no local educational

15 agency shall be eligible for a subgrant under this title un16 less the amount allocated to that agency under subsection

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

18 ‘‘(B) The State may waive the requirement in sub19 paragraph (A) in any case in which the local educational

20 agency—

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

22 other local educational agencies to provide services

23 and activities conducted in accordance with the pri24 orities described in section 101 and the aggregate
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1 amount allocated and awarded to the consortium

2 equals or exceeds $15,000; or

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

4 area and demonstrates that the agency is unable to

5 enter into a consortium for the purpose of providing

6 services and activities conducted in accordance with

7 the priorities described in section 101.

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

9 eligible institution shall be eligible for a subgrant under

10 this title unless the amount allocated to that institution

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

12 ‘‘(B) The State may waive the requirement in sub13 paragraph (A) in any case in which the eligible institu14 tion—

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

16 other eligible institutions to provide services and ac17 tivities conducted in accordance with the priorities

18 described in section 101 and the aggregate amount

19 allocated and awarded to the consortium equals or

20 exceeds $50,000; or

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

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

23 The State may distribute funds available in any fiscal year

24 for secondary and postsecondary schools, as applicable, to

25 one or more local educational agencies and one or more
41

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1 eligible institutions that enter into a consortium in any

2 case in which—

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

4 services and activities conducted in accordance with

5 the priorities described in section 101; and

6 ‘‘(2) the aggregate amount allocated and

7 awarded to the consortium under subsections (a),

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

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

10 one or more local educational agencies, eligible institu11 tions, and consortia any amounts that are allocated in ac12 cordance with subsections (a) through (e), but that would

13 not be used by a local educational agency or eligible insti14 tution, in a manner the State determines will best serve

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

16 described in section 101.

17 ‘‘(g) ECONOMICALLY DISADVANTAGED STUDENTS.—

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

19 the number of economically disadvantaged students on the

20 basis of—

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

22 under the National School Lunch Act, the program

23 for aid to dependent children under part A of title

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

25 Food Stamp Act of 1977;
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1 ‘‘(2) the number of children counted for alloca2 tion purposes under title I of the Elementary and

3 Secondary Education Act of 1965; or

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

5 status if the State demonstrates to the satisfaction

6 of the Secretary that the index is more representa7 tive of the number of low-income students that the

8 indices described in paragraphs (1) and (2).

9 ‘‘TITLE II—NATIONAL SUPPORT FOR STATE

10 AND LOCAL REFORMS

11 ‘‘AWARDS FOR EXCELLENCE

12 ‘‘SEC. 201. The Secretary, may, from the amount re13 served under section 111(a) for any fiscal year after the

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

15 performance awards to one or more States that have—

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

17 performance goals set in section 108;

18 ‘‘(2) implemented exemplary school-to-work op19 portunities systems in secondary and postsecondary

20 schools in accordance with the priorities described in

21 section 101; or

22 ‘‘(3) provided exemplary education services and

23 activities for students who are members of special

24 populations.
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1 ‘‘NATIONAL ACTIVITIES

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

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

4 directly or through grants, contracts, or cooperative agree5 ments, carry out research, development, dissemination,

6 evaluation, capacity-building, and technical assistance ac7 tivities with regard to the services and activities carried

8 out under this Act. The Secretary shall coordinate activi9 ties carried out under this section with related activities

10 under the School-to-Work Opportunities Act of 1994, the

11 Goals 2000: Educate America Act, the Job Training Part12 nership Act, and the Elementary and Secondary Edu13 cation Act of 1965.

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

15 under this section may include support for States in their

16 development of performance goals and indicators estab17 lished under section 108. The Secretary shall broadly dis18 seminate information resulting from research and develop19 ment activities carried out under this Act, and shall ensure

20 broad access at the State and local levels to the informa21 tion disseminated.

22 ‘‘(3) Activities carried out under this section may in23 clude support for youth development partnerships that are

24 promoted by the Secretary and the Secretary of Labor,

25 working with other agencies and entities such as the Cor-
44

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1 poration for National and Community Service, and that

2 facilitate innovative arrangements at the State and local

3 level among business, community-based organizations,

4 labor organizations, and educational institutions.

5 ‘‘(4) Activities carried out under this section may in6 clude support for occupational and career information sys7 tems.

8 ‘‘(5) The Secretary shall coordinate technical assist9 ance activities carried out under this section with related

10 technical assistance activities carried out under the Job

11 Training Partnership Act and title XIII of the Elementary

12 and Secondary Education Act of 1965.

13 ‘‘(b) PROFESSIONAL DEVELOPMENT.—(1) The Sec14 retary may, directly, or through grants, contracts, or coop15 erative agreements, support professional development ac16 tivities for educators (including teachers, administrators,

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

18 an education that enables them to enter high-skill, high19 wage careers. Entities eligible to receive funds under this

20 subsection are institutions of higher education, other pub21 lic or private nonprofit organizations or agencies, and con22 sortia of such institutions, organizations, or agencies.

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

24 under this subsection shall—
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1 ‘‘(i) be tied to challenging State academic

2 standards and industry-based skill standards;

3 ‘‘(ii) take into account recent research on teach4 ing and learning;

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

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

7 performance;

8 ‘‘(iv) include strong substantive and pedagogical

9 components; and

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

11 such areas as integrating academic and vocational

12 instruction, articulating secondary and postsecond13 ary education, combining school-based and work14 based instruction, and using occupational and career

15 information.

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

17 such activities as pre-service and inservice training and

18 support for development of local, regional, and national

19 educator networks that facilitate the exchange of informa20 tion relevant to the development of school-to-work oppor21 tunities systems.

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

23 the Secretary shall give priority to designing and imple24 menting new models of professional development for edu25 cators, and preparing educators to use innovative forms
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1 of instruction, such as worksite learning and the integra2 tion of academic and occupational instruction. The Sec3 retary shall coordinate the professional development activi4 ties carried out under this subsection with related activi5 ties carried out under the Job Training Partnership Act

6 and title II of the Elementary and Secondary Education

7 Act of 1965, as well as with other related professional de8 velopment activities supported by the Department.

9 ‘‘NATIONAL ASSESSMENT

10 ‘‘SEC. 203. (a) GENERAL AUTHORITY.—(1) The Sec11 retary shall conduct a national assessment of services and

12 activities assisted under this Act, through independent

13 studies and analyses, including, when appropriate, studies

14 based on data from longitudinal surveys, that are con15 ducted through one or more competitive awards.

16 ‘‘(2) The Secretary shall appoint an independent ad17 visory panel, consisting of administrators, educators, re18 searchers, and representatives of business, industry, labor,

19 and other relevant groups, as well as representatives of

20 Governors and other State and local officials, to advise

21 the Secretary on the implementation of such assessment,

22 including the issues to be addressed, the methodology of

23 the studies, and the findings and recommendations. The

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

25 independent analysis of the findings and recommendations

26 of the assessment.
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1 ‘‘(b) CONTENTS.—The assessment required under

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

3 and activities assisted under this Act have achieved their

4 intended purposes and results, including the extent to

5 which—

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

7 developed, implemented, or improved systems estab8 lished under the School-to-Work Opportunities Act

9 of 1994;

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

11 Act succeed in preparing students, including stu12 dents who are members of special populations, for

13 postsecondary education, further learning, or entry

14 into high-skill, high-wage careers;

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

16 activities supported under this Act succeed in meet17 ing challenging State academic and industry-based

18 skill standards; and

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

20 local and State assessment, and accountability provi21 sions of this Act, including the performance goals

22 and indicators established under section 108, are ef23 fective.
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1 ‘‘(c) REPORT.—The Secretary shall submit to the

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

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

4 ‘‘NATIONAL RESEARCH CENTER

5 ‘‘SEC. 204. (a) GENERAL AUTHORITY.—(1) The Sec6 retary may, through a grant or contract, establish one or

7 more national centers in the areas of applied research, de8 velopment, and dissemination. The Secretary shall consult

9 with the Secretary of Labor and with States prior to es10 tablishing one or more such centers.

11 ‘‘(2) Entities eligible to receive funds under this sec12 tion are institutions of higher education, other public or

13 private nonprofit organizations or agencies, and consortia

14 of such institutions, organizations, or agencies.

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

16 the enactment of the Career Preparation Education Re17 form Act of 1995 shall continue to receive assistance

18 under this section in accordance with the terms of its cur19 rent award.

20 ‘‘(b) ACTIVITIES.—(1) The applied research, develop21 ment, and dissemination activities carried out by the na22 tional center or centers shall include—

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

24 under this Act to meet the requirements of section

25 103; and
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1 ‘‘(B) such other activities as the Secretary de2 termines to be appropriate to achieve the purpose of

3 this Act.

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

5 described in paragraph (1) shall annually prepare a sum6 mary of key research findings of such center or centers

7 and shall submit copies of the summary to the Secretaries

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

9 The Secretary shall submit that summary to the Commit10 tee on Labor and Human Resources of the Senate, and

11 the Committee on Economic and Educational Opportuni12 ties of the House of Representatives.

13 ‘‘DATA SYSTEMS

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

15 maintain a data system to collect information about, and

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

17 systems and on the effectiveness of State and local services

18 and activities carried out under this Act in order to pro19 vide the Secretary and the Congress, as well as Federal,

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

21 to improvement in the quality and effectiveness of career

22 preparation education activities and services. The Sec23 retary shall periodically report to the Congress on the Sec24 retary’s analysis of performance data collected each year

25 pursuant to this Act.

26 ‘‘(b) CONTENTS.—The data system shall—
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1 ‘‘(1) provide information to evaluate, to the ex2 tent feasible, the participation and performance of

3 students, including students who are members of

4 special populations;

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

6 representative;

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

8 of education reform; and

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

10 from general purpose data systems of the Depart11 ment or other Federal agencies, augmented as nec12 essary with data from additional surveys focusing on

13 career preparation education.

14 ‘‘(c) COORDINATION.—(1) The Secretary shall con15 sult with a wide variety of experts in academic and occupa16 tional education, including individuals with expertise in

17 the development and implementation of school-to-work op18 portunities systems, in the development of data collections

19 and reports under this section.

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

21 shall—

22 ‘‘(A) ensure that the system, to the extent prac23 ticable, uses comparable information elements and

24 uniform definitions common to State plans, perform-
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1 ance indicators, and State and local assessments;

2 and

3 ‘‘(B) cooperate with the Secretaries of Com4 merce and Labor to ensure that the data system is

5 compatible with other Federal information systems

6 regarding occupational data, and to the extent fea7 sible, allow for international comparisons.

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

9 jointly define common terms and definitions that all State

10 grantees and local applicants shall use in program admin11 istration, data collection and reporting, and evaluation at

12 all levels for programs supported under this Act and the

13 Job Training Partnership Act.

14 ‘‘(d) ASSESSMENTS.—(1) As a regular part of its as15 sessments, the National Center for Education Statistics

16 shall collect and report information on career preparation

17 at the secondary school level for a nationally representa18 tive sample of students, including students who are mem19 bers of special populations, which shall allow for fair and

20 accurate assessment and comparison of the educational

21 achievement of students in the areas assessed. Such as22 sessment may include international comparisons.

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

24 authorize a State educational agency, or consortium of

25 such agencies, to use items and data from the National
52

S 696 IS

1 Assessment of Educational Progress for the purpose of

2 evaluating a course of study related to services and activi3 ties under title I, if the Commissioner has determined in

4 writing that such use will not—

5 ‘‘(A) result in the identification of characteris6 tics or performance of individual schools or students;

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

8 schools or local educational agencies;

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

10 teachers, principals, or other local educators for re11 ward or punishment; or

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

13 for the National Assessment.

14 ‘‘CAREER PREPARATION FOR INDIANS AND NATIVE

15 HAWAIIANS

16 ‘‘SEC. 206. (a) ASSISTANCE TO TRIBES OR BUREAU17 FUNDED SCHOOLS.—(1)(A) From funds reserved under

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

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

20 tribal organizations of eligible Indian tribes or Bureau21 funded schools to develop and provide services and activi22 ties that are consistent with the purpose of this Act and

23 conducted in accordance with the priorities described in

24 section 101.
53

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

2 school that receives assistance under this subsection

3 shall—

4 ‘‘(i) establish performance goals and indicators

5 to define the level of performance to be achieved by

6 students served under this subsection;

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

8 services and activities provided under this sub9 section; and

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

11 this subsection achieve to challenging academic and

12 skill standards, receive high school diplomas, skill

13 certificates, and postsecondary certificates or de14 grees, and enter employment related to their career

15 major.

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

17 cooperative agreement—

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

19 is eligible to contract with the Secretary of the Inte20 rior for programs under the Indian Self-Determina21 tion Act or the Act of April 16, 1934; or

22 ‘‘(ii) upon the application (filed under such con23 ditions as the Secretary may require) of any Bu24 reau-funded school that offers secondary programs.
54

S 696 IS

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

2 subsection with any tribal organization shall be subject to

3 the terms and conditions of section 102 of the Indian Self4 Determination Act, and shall be conducted in accordance

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

6 April 16, 1934 that are relevant to the services and activi7 ties administered under this subsection.

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

9 subsection with any Bureau-funded school shall not be

10 subject to the requirements of the Indian Self-Determina11 tion Act or the Act of April 16, 1934.

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

13 eligible to receive assistance under this subsection may

14 apply individually or as part of a consortium with another

15 tribal organization or school.

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

17 or cooperative agreements any restrictions relating to pro18 grams or results other than those that apply to grants or

19 cooperative agreements to States under this Act.

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

21 receiving assistance under this subsection may provide sti22 pends to students who are undertaking career preparation

23 education and who have acute economic needs that cannot

24 be met through work-study programs.
55

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

2 under this subsection, the Secretary shall give special con3 sideration to awards that involve, are coordinated with, or

4 encourage, tribal economic development plans.

5 ‘‘(b) ASSISTANCE TO TRIBALLY CONTROLLED POST6 SECONDARY VOCATIONAL INSTITUTIONS.—(1) The Sec7 retary may make five-year grants to tribally controlled

8 postsecondary vocational institutions to provide basic sup9 port for educating Indian students, including support for

10 the operation, maintenance, and capital expenses of such

11 institutions.

12 ‘‘(2) To be eligible for assistance under this sub13 section, a tribally controlled postsecondary vocational in14 stitution shall—

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

16 trustees, a majority of whom are Indians;

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

18 philosophy, or a plan of operation that fosters indi19 vidual Indian economic self-sufficiency;

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

21 years;

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

23 for accreditation by, a nationally recognized accredit24 ing authority for postsecondary vocational education;
56

S 696 IS

1 ‘‘(E) offer technical degrees or certificate-grant2 ing programs; and

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

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

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

6 appropriations, distribute to each tribally controlled voca7 tional institution having an approved application an

8 amount based on full-time equivalent Indian students at

9 each such institution.

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

11 from each institution assisted under this section such in12 formation regarding fiscal control and program quality

13 and effectiveness as is reasonable.

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

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

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

17 enter into one or more cooperative agreements with, orga18 nizations, institutions, or agencies with experience provid19 ing educational and related services to Native Hawaiians

20 to develop and provide, for the benefit of Native Hawai21 ians, services and activities that are consistent with the

22 purpose of this Act and conducted in accordance with the

23 priorities described in section 101.

24 ‘‘(e) DEFINITIONS.—For the purpose of this section:
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S 696 IS

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

2 same meaning given ‘Bureau funded school’ in sec3 tion 1146(3) of the Education Amendments of 1978

4 (25 U.S.C. 2026(3)).

5 ‘‘(2) The term ‘full-time equivalent Indian stu6 dents’ means the sum of the number of Indian stu7 dents enrolled full time at an institution, plus the

8 full-time equivalent of the number of Indian stu9 dents enrolled part time (determined on the basis of

10 the quotient of the sum of the credit hours of all

11 part-time students divided by 12) at such institu12 tion.

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

14 the meaning given such terms in section 2 of the

15 Tribally Controlled Community College Assistance

16 Act of 1978.

17 ‘‘TITLE III—GENERAL PROVISIONS

18 ‘‘WAIVERS

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

20 may request, on its own behalf or on behalf of a local re21 cipient, a waiver by the Secretary or the Secretary of

22 Labor, as appropriate, of one or more statutory or regu23 latory provisions described in this section in order to carry

24 out more effectively State efforts to reform education and

25 develop school-to-work opportunities systems in the State.
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1 ‘‘(b) GENERAL AUTHORITY.—(1) Except as provided

2 in subsection (d), the Secretary may waive any require3 ment of any statute listed in subsection (c), or of the regu4 lations issued under that statute, and the Secretary of

5 Labor may waive any statutory or regulatory requirement

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

7 requests such a waiver—

8 ‘‘(A) if, and only to the extent that, the Sec9 retary or the Secretary of Labor determines that

10 such requirement impedes the ability of the State to

11 carry out State efforts to reform education and de12 velop school-to-work opportunities systems in the

13 State;

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

15 any similar requirements of State law;

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

17 State—

18 ‘‘(i) has provided all local recipients of as19 sistance under this Act in the State with notice

20 of, and an opportunity to comment on, the

21 State’s proposal to request a waiver; and

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

23 recipients to the appropriate Secretary; and
59

S 696 IS

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

2 the Secretary or the Secretary of Labor reasonably

3 requires in order to make such determinations.

4 ‘‘(2) The Secretary or the Secretary of Labor, as ap5 propriate, shall act promptly on any request submitted

6 under paragraph (1).

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

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

9 the Secretary or the Secretary of Labor may extend such

10 period if the Secretary or the Secretary of Labor deter11 mines that the waiver has been effective in enabling the

12 State to carry out the purpose of this Act.

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

14 waiver authority of the Secretary under this section are—

15 ‘‘(A) this Act;

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

17 Secondary Education Act of 1965 (authorizing pro18 grams and activities to help disadvantaged children

19 meet high standards);

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

21 Secondary Education Act of 1965 (Dwight D. Eisen22 hower Professional Development Program);

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

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

25 and Communities Act of 1994);
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S 696 IS

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

2 Education Act of 1965 (Innovative Education Pro3 gram Strategies);

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

5 Secondary Education Act of 1965 (Emergency Im6 migrant Education Program); and

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

8 1994.

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

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

11 Secretary of Labor.

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

13 the Secretary of Labor may not waive any statutory or

14 regulatory requirement of the programs listed in sub15 section (c) relating to—

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

17 programs;

18 ‘‘(2) maintenance of effort;

19 ‘‘(3) comparability of services;

20 ‘‘(4) the equitable participation of students at21 tending private schools;

22 ‘‘(5) parental participation and involvement;

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

24 local recipients;
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1 ‘‘(7) the eligibility of an individual for partici2 pation in the affected programs;

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

4 civil rights, occupational safety and health, or envi5 ronmental protection; or

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

7 construction of buildings or facilities.

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

9 the Secretary of Labor, as appropriate, shall periodically

10 review the performance of any State for which that Sec11 retary has granted a waiver under this section and shall

12 terminate such waiver if the Secretary determines that the

13 performance of the State affected by the waiver has been

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

15 State fails to waive similar requirements of State law in

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

17 ‘‘EFFECT OF FEDERAL PAYMENTS

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

19 (1) The portion of any student financial assistance re20 ceived under this Act that is made available for attendance

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

22 as income or resources in determining eligibility for assist23 ance under any program of welfare benefits, including aid

24 to families with dependent children under a State plan ap25 proved under part A of title IV of the Social Security Act
62

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

2 in part with Federal funds.

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

4 costs are—

5 ‘‘(A) tuition and fees normally assessed a stu6 dent carrying the same academic workload, as deter7 mined by the institution, including costs for rental

8 or purchase of any equipment, materials, or supplies

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

10 and

11 ‘‘(B) an allowance for books, supplies, transpor12 tation, dependent care, and miscellaneous personal

13 expenses for a student attending the institution on

14 at least a half-time basis, as determined by the insti15 tution.

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

17 consideration payments under this Act in determining, for

18 any educational agency or institution in that State, the

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

20 respect to public education within the State.

21 ‘‘IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS

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

23 provision of services or activities funded by this Act, in24 cluding any rule or policy based on State interpretation

25 of any Federal law, regulation, or guideline, shall be iden26 tified as a State-imposed requirement.
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1 ‘‘OUT-OF-STATE RELOCATIONS

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

3 be used for the purpose of directly providing incentives

4 or inducements to an employer to relocate a business en5 terprise from one State to another if such relocation would

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

7 the State where the business enterprise is located before

8 such incentives or inducements are offered.

9 ‘‘DEFINITIONS

10 ‘‘SEC. 305. As used in this Act:

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

12 the same meaning as given that term under section

13 4(1) of the School-to-Work Opportunities Act of

14 1994.

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

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

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

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

19 school’ means—

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

21 provides vocational education to students who

22 are preparing to earn a high school diploma or

23 its equivalency and to enter the labor market;

24 or

25 ‘‘(B) a public technical institute or voca26 tional school that provides vocational education
64

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1 to individuals who have completed or left high

2 school and who are preparing to enter the labor

3 market.

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

5 has the same meaning as given that term under sec6 tion 4(4) of the School-to-Work Opportunities Act of

7 1994.

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

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

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

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

12 means any such organization of demonstrated effec13 tiveness described in section 4(5) of the Job Train14 ing Partnership Act.

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

16 has the same meaning as given that term under sec17 tion 1201(a) of the Higher Education Act of 1965.

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

19 the same meaning given such term in section

20 7501(8) of the Elementary and Secondary Edu21 cation Act of 1965.

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

23 the same meaning as given that term under section

24 4(10) of the School-to-Work Opportunities Act of

25 1994.
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1 ‘‘(10) The term ‘school dropout’ has the same

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

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

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

5 of Education.

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

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

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

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

10 students with disabilities, educationally or economi11 cally disadvantaged students, students of limited

12 English proficiency, foster children, migrant chil13 dren, school dropouts, students who are identified as

14 being at-risk of dropping out of secondary school,

15 students who are seeking to prepare for occupations

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

17 extent feasible, individuals younger than age 25 in

18 correctional institutions.

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

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

21 States, the District of Columbia, the Commonwealth

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

23 Samoa, and the Northern Mariana Islands.

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

25 the same meaning as given that term under section
66

S 696 IS

1 4(24) of the School-to-Work Opportunities Act of

2 1994.

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

4 means students who have a disability or disabilities,

5 as such term is defined in section 3(2) of the Ameri6 cans With Disabilities Act of 1990.

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

8 college’ means an institution that receives assistance

9 under the Tribally Controlled Community College

10 Assistance Act of 1976 or the Navajo Community

11 College Act.’’.

12 TITLE II—EFFECTIVE DATE; TRANSITION

13 EFFECTIVE DATE

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

15 TRANSITION

16 SEC. 202. Notwithstanding any other provisions of

17 law—

18 (1) upon enactment of the Career Preparation

19 Education Reform Act of 1995, a State or local re20 cipient of funds under the Carl D. Perkins Voca21 tional and Applied Technology Education Act may

22 use any such unexpended funds to carry out services

23 and activities that are authorized by either such Act

24 or the Carl D. Perkins Career Preparation Edu25 cation Act; and
67

S 696 IS

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

2 Carl D. Perkins Career Preparation Education Act

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

4 out services and activities that are authorized by ei5 ther such Act or were authorized by the Carl D.

6 Perkins Vocational and Applied Technology Edu7 cation Act prior to its amendment.

8 TITLE III—AMENDMENTS TO OTHER ACTS

9 AMENDMENTS TO THE JOB TRAINING PARTNERSHIP ACT

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

11 U.S.C. 1501 et seq.) is amended—

12 (1) in section (4)—

13 (A) in paragraph (14), by striking ‘‘in sec14 tion 521(22) of the Carl D. Perkins Vocational

15 Education Act’’ and inserting in lieu thereof

16 ‘‘section 4(10) of the School-to-Work Opportu17 nities Act of 1994’’; and

18 (B) in paragraph (28), by striking ‘‘Voca19 tional Education Act’’ and inserting in lieu

20 thereof ‘‘Vocational and Applied Technology

21 Education Act as in effect on the day prior to

22 the date of enactment of the Career Prepara23 tion Education Reform Act of 1995’’;

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

25 thereof the following sentence: ‘‘The State may sub-
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S 696 IS

1 mit such plan as part of a State plan, or amendment

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

3 Preparation Education Act or the School-to-Work

4 Opportunities Act of 1994.’’;

5 (3) in section 122(b)—

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

7 follows:

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

9 under section 106 of the Carl D. Perkins Career

10 Preparation Education Act to obtain a summary of

11 activities and an analysis of results in training

12 women in nontraditional employment under such

13 Act, and annually disseminate such summary to

14 service delivery areas, service providers throughout

15 the State, and the Secretary;’’; and

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

17 ‘‘section 113(b)(14) of the Carl D. Perkins Vo18 cational Education Act’’ and inserting in lieu

19 thereof ‘‘section 105(e)(2) of the Carl D. Per20 kins Career Preparation Education Act’’;

21 (4) in section 123(c)—

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

23 ‘‘Carl D. Perkins Vocational and Applied Tech24 nology Education Act (20 U.S.C. 2301 et seq.)’’
69

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

2 Career Preparation Education Act’’; and

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

4 ‘‘Vocational and Applied Technology’’ and in5 serting in lieu thereof ‘‘Career Preparation’’;

6 (5) in section 125—

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

8 ‘‘coordinating committee’’ a comma and ‘‘as de9 scribed in section 422(b) of the Carl D. Perkins

10 Vocational and Applied Technology Education

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

12 enactment of the Career Preparation Education

13 Reform Act of 1995,’’;

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

15 ‘‘Vocational’’ and inserting in lieu thereof ‘‘Ca16 reer Preparation’’; and

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

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

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

20 Perkins Vocational and Applied Technology

21 Education Act as in effect on the day prior to

22 the date of enactment of the Career Prepara23 tion Education Reform Act of 1995,’’;

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

25 Perkins Vocational and Applied Technology Edu-
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S 696 IS

1 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

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

3 Education Act’’;

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

5 Perkins Vocational and Applied Technology Edu6 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

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

8 Education Act’’;

9 (8) in section 314(g)(2), by striking out ‘‘Voca10 tional and Applied Technology’’ and inserting in lieu

11 thereof ‘‘Career Preparation’’;

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

13 agencies, including a State board or agency des14 ignated pursuant to section 111(a)(1) of the Carl D.

15 Perkins Vocational Act which operates or wishes to

16 develop area vocational education school facilities or

17 residential vocational schools (or both) as authorized

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

19 in lieu thereof ‘‘local agencies, or private organiza20 tions’’;

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

22 Perkins Vocational and Applied Technology Edu23 cation Act (20 U.S.C. 2301 et seq.)’’ and inserting

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

25 Education Act’’;
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S 696 IS

1 (11) in section 461(c), by striking out ‘‘Voca2 tional’’ and inserting in lieu thereof ‘‘Career Prepa3 ration’’;

4 (12) in section 464—

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

6 D. Perkins Vocational Education Act)’’ and in7 serting in lieu thereof ‘‘Carl D. Perkins Voca8 tional and Applied Technology Education Act

9 as in effect on the day prior to the date of en10 actment of the Career Preparation Education

11 Reform Act of 1995)’’;

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

13 additional to its responsibilities under the Carl

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

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

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

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

18 Vocational Education Act, and’’ and inserting

19 in lieu thereof ‘‘this Act and’’;

20 (13) in section 605(c), by striking out ‘‘Voca21 tional Education Act)’’ and inserting in lieu thereof

22 ‘‘Vocational and Applied Technology Education Act

23 as in effect on the day prior to the date of enact24 ment of the Career Preparation Education Reform

25 Act of 1995)’’;
72

S 696 IS

1 (14) in section 701(b)—

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

3 follows:

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

5 the term ‘applicable Federal human resource pro6 gram’ includes any program authorized under the

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

8 that the Governor and the head of the State agency

9 or agencies responsible for the administration of

10 such program jointly agree to include within the ju11 risdiction of the State Council.’’; and

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

13 ‘‘Carl D. Perkins Vocational and Applied Tech14 nology Education Act (20 U.S.C. 2301 et seq.)’’

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

16 Career Preparation Education Act’’; and

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

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

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

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

21 2301 et seq.), such State may use funds only to the

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

23 AMENDMENTS TO THE SMITH-HUGHES ACT

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

25 11 et seq.) is amended—
73

S 696 IS

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

2 ‘‘through the fiscal year 1995’’ after ‘‘annually ap3 propriated’’;

4 (2) in section 2 (20 U.S.C. 12)—

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

6 1995’’ after ‘‘there is annually appropriated’’;

7 and

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

9 1995’’ after ‘‘There is appropriated for each fis10 cal year’’;

11 (3) in section 3 (20 U.S.C. 13)—

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

13 1995’’ after ‘‘there is annually appropriated’’;

14 and

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

16 1995’’ after ‘‘There is appropriated’’;

17 (4) in section 4 (20 U.S.C. 14)—

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

19 1995’’ after ‘‘there is annually appropriated’’;

20 and

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

22 1995’’ after ‘‘And there is appropriated’’; and

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

24 ‘‘through the fiscal year 1995’’ after ‘‘There is au25 thorized to be appropriated’’.
74

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1 AMENDMENTS TO THE ADULT EDUCATION ACT

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

3 et seq.) is amended—

4 (1) in section 322(a)(4), by striking ‘‘Voca5 tional and Applied Technology’’ and inserting in lieu

6 thereof ‘‘Career Preparation’’;

7 (2) in section 342—

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

9 D. Perkins Vocational Education Act of 1963’’

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

11 Career Preparation Education Act’’; and

12 (B) in subsection (d), by striking ‘‘Voca13 tional’’ and inserting in lieu thereof ‘‘Career

14 Preparation’’; and

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

16 read as follows:

17 ‘‘(ii) be coordinated with activities

18 conducted by other educational and train19 ing entities that provide relevant technical

20 assistance;’’.

21 AMENDMENTS TO THE SCHOOL-TO-WORK OPPORTUNITIES

22 ACT OF 1994

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

24 U.S.C. 1601 et seq.) is amended—
75

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1 (1) in section 202(a)(3), by striking ‘‘Voca2 tional and Applied Technology’’ and inserting in lieu

3 thereof ‘‘Career Preparation’’;

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

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

6 and (J), respectively;

7 (3) in section 213—

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

9 ‘‘Vocational and Applied Technology’’ and in10 serting in lieu thereof ‘‘Career Preparation’’;

11 and

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

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

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

15 (4) in section 403(a), by striking ‘‘the individ16 uals assigned under section 111(b)(1) of the Carl D.

17 Perkins Vocational and Applied Technology Edu18 cation Act (20 U.S.C. 2321(b)(1)),’’;

19 (5) in section 404—

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

21 1733(b)),’’; and

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

23 for Curriculum Coordination in Vocational Edu24 cation under section 402(c) of the Carl D. Per-
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1 kins Vocational and Applied Technology Edu2 cation Act (20 U.S.C. 2402(c)),’’;

3 (6) in section 502(b)(6), by striking ‘‘Voca4 tional and Applied Technology’’ and inserting in lieu

5 thereof ‘‘Career Preparation’’; and

6 (7) in section 505—

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

8 ‘‘section 102(a)(3) of the Carl D. Perkins Voca9 tional and Applied Technology Education Act

10 (20 U.S.C. 2312(a)(3)’’ and inserting in lieu

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

12 Career Preparation Education Act’’; and

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

14 201(b) of the Carl D. Perkins Vocational and

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

16 2312(a)(3)’’ and inserting in lieu thereof ‘‘sec17 tion 102 of the Carl D. Perkins Career Prepa18 ration Education Act’’.

19 AMENDMENTS TO THE ELEMENTARY AND SECONDARY

20 EDUCATION ACT OF 1965

21 SEC. 305. The Elementary and Secondary Education

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

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

24 ‘‘Vocational and Applied Technology’’ and inserting

25 in lieu thereof ‘‘Career Preparation’’;
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1 (2) in section 9115(b)(5), by striking ‘‘Voca2 tional and Applied Technology’’ and inserting in lieu

3 thereof ‘‘Career Preparation’’;

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

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

6 102 of the Carl D. Perkins Career Preparation Edu7 cation Act;’’ and

8 (4) in section 14307(a)(1), by striking ‘‘Voca9 tional and Applied Technology’’ and inserting in lieu

10 thereof ‘‘Career Preparation’’.

11 AMENDMENTS TO THE GOALS 2000: EDUCATE AMERICA

12 ACT

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

14 U.S.C. 5801 et seq.) is amended—

15 (1) in section 306—

16 (A) in subsection (c)(1)(A), by inserting

17 before the semicolon at the end thereof a

18 comma and ‘‘as in effect on the day prior to the

19 date of enactment of the Career Preparation

20 Education Reform Act of 1995, until not later

21 than July 1, 1998, and the performance goals

22 and indicators developed pursuant to section

23 108 of the Carl D. Perkins Career Preparation

24 Education Act thereafter’’; and
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1 (B) in subsection (1), by striking out ‘‘Vo2 cational and Applied Technology’’ and inserting

3 in lieu thereof ‘‘Career Preparation’’; and

4 (2) in section 311(b)(6), by striking out ‘‘Voca5 tional and Applied Technology’’ and inserting in lieu

6 thereof ‘‘Career Preparation’’.

7 OTHER TECHNICAL AND CONFORMING AMENDMENTS

8 SEC. 307. (a) HIGHER EDUCATION ACT OF 1965.—

9 The Higher Education Act of 1965 (20 U.S.C. 1001 et

10 seq.) is amended—

11 (1) by amending section 127(2) to read as fol12 lows:

13 ‘‘(2) have, as one of the partners participating

14 in an articulation agreement, an entity that uses

15 funds under title I of the Carl D. Perkins Career

16 Preparation Education Act to support tech-prep

17 education services and activities;’’;

18 (2) in section 481(a)(3)(A), by striking ‘‘section

19 521(4)(C) of the Carl D. Perkins Vocational and

20 Applied Technology Education Act’’ and inserting in

21 lieu thereof ‘‘section 305(3)(B) of the Carl D. Per22 kins Career Preparation Education Act’’;

23 (3) in section 484(l)(1), by striking ‘‘section

24 521(4)(C) of the Carl D. Perkins Vocational and

25 Applied Technology Education Act’’ and inserting in
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1 lieu thereof ‘‘section 305(3)(B) of the Carl D. Per2 kins Career Preparation Education Act’’; and

3 (4) in section 503(b)(2)(B)(vi), by striking ‘‘in

4 a Tech-Prep program under section 344 of the Carl

5 D. Perkins Vocational and Applied Technology Edu6 cation Act’’ and inserting in lieu thereof ‘‘in a tech7 prep program supported through services and activi8 ties under the Carl D. Perkins Career Preparation

9 Education Act’’.

10 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

11 ACT.—Section 626(g) of the Individuals with Disabilities

12 Education Act (20 U.S.C. 1400 et seq.) is amended by

13 striking out ‘‘Vocational and Applied Technology’’ and in14 serting in lieu thereof ‘‘Career Preparation’’.

15 (c) REHABILITATION ACT OF 1973.—Section

16 101(a)(11)(A) of the Rehabilitation Act of 1973 (29

17 U.S.C. 701 et seq.) is amended by striking out ‘‘Voca18 tional and Applied Technology Education Act (20 U.S.C.

19 2301 et seq.)’’ and inserting in lieu thereof ‘‘Career Prep20 aration Education Act’’.

21 (d) DISPLACED HOMEMAKERS SELF-SUFFICIENCY

22 ASSISTANCE ACT.—Section 9(a)(2) of the Displaced

23 Homemakers Self-Sufficiency Assistance Act (29 U.S.C.

24 2301 et seq.) is amended by inserting ‘‘as in effect on the

25 day prior to the date of enactment of the Career Prepara-
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1 tion Education Reform Act of 1995 or the State agency

2 or agencies designated under section 106(a) of the Carl

3 D. Perkins Career Preparation Education Act,’’.

4 (e) WAGNER-PEYSER ACT.—Section 7(c)(2)(A) of

5 the Act of June 6, 1933 (29 U.S.C. 49 et seq.) is amended

6 by striking out ‘‘Vocational and Applied Technology’’ and

7 inserting in lieu thereof ‘‘Career Preparation’’.

8 (f) EQUITY IN EDUCATIONAL LAND-GRANT STATUS

9 ACT OF 1994.—Section 533(c)(4)(A) of the Equity in

10 Education Land-Grant Status Act of 1994 (7 U.S.C. 301

11 note; part C of title V of the Improving America’s Schools

12 Act) is amended by inserting after ‘‘(20 U.S.C.

13 2397h(3))’’ a comma and ‘‘as in effect on the day prior

14 to the date of enactment of the Career Preparation Edu15 cation Reform Act of 1995,’’.

16 (g) TITLE 31, CHAPTER 67, OF THE UNITED STATES

17 CODE.—Section 6703(a)(12) of title 31, United States

18 Code (as added by section 31001 of the Violent Crime

19 Control and Law Enforcement Act of 1994) is amended

20 by striking out ‘‘Vocational and Applied Technology’’ and

21 inserting in lieu thereof ‘‘Career Preparation’’.

22 (h) NONTRADITIONAL EMPLOYMENT FOR WOMEN

23 ACT.—Section 2(b)(3) of the Nontraditional Employment

24 for Women Act (29 U.S.C. 1501 note) is amended by
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1 striking out ‘‘Vocational and Applied Technology’’ and in2 serting in lieu thereof ‘‘Career Preparation’’.

3 (i) TRAINING TECHNOLOGY TRANSFER ACT OF

4 1988.—Section 6107(6) of the Training Technology

5 Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is amended

6 by inserting before the semicolon at the end thereof a

7 comma and ‘‘as in effect on the day prior to the date of

8 enactment of the Career Preparation Education Reform

9 Act of 1995’’.

10 (j) GENERAL REDESIGNATION.—Any other ref11 erences to the Carl D. Perkins Vocational and Applied

12 Technology Education Act shall be deemed to refer to the

13 Carl D. Perkins Career Preparation Education Act.

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