II 

108TH CONGRESS 

2D SESSION S. 2686

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

of 1998 to improve the Act. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2004

Mr. ENZI (for himself, Mr. GREGG, Mr. KENNEDY, Mr. DODD, Mr. ALEXANDER, Mr. JEFFORDS, Mr. SESSIONS, Mr. BINGAMAN, Mrs. MURRAY, 

Mr. REED, and Mrs. CLINTON) introduced the following bill; which was 

read twice and referred to the Committee on Health, Education, Labor, 

and Pensions 

A BILL

To amend the Carl D. Perkins Vocational and Technical 

Education Act of 1998 to improve the Act.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Carl D. Perkins Career and Technical Education Im6 provement Act of 2004’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. References. 
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Sec. 3. Purpose. 

Sec. 4. Definitions. 

Sec. 5. Transition provisions. 

Sec. 6. Limitation. 

Sec. 7. Authorization of appropriations. 

TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO 

THE STATES 

Sec. 101. Career and technical education assistance to the States. 

Sec. 102. Reservations and State allotment. 

Sec. 103. Within State allocation. 

Sec. 104. Accountability. 

Sec. 105. National activities. 

Sec. 106. Assistance for the outlying areas. 

Sec. 107. Native American program. 

Sec. 108. Tribally controlled postsecondary career and technical institutions. 

Sec. 109. Occupational and employment information. 

Sec. 110. State administration. 

Sec. 111. State plan. 

Sec. 112. Improvement plans. 

Sec. 113. State leadership activities. 

Sec. 114. Distribution of funds to secondary school programs. 

Sec. 115. Distribution of funds for postsecondary career and technical education programs. 

Sec. 116. Special rules for career and technical education. 

Sec. 117. Local plan for career and technical education programs. 

Sec. 118. Local uses of funds. 

Sec. 119. Tech-prep education. 

TITLE II—GENERAL PROVISIONS 

Sec. 201. Redesignation of title. 

Sec. 202. Fiscal requirements. 

Sec. 203. Voluntary selection and participation. 

Sec. 204. Limitation for certain students. 

Sec. 205. Authorization of secretary; participation of private school personnel. 

Sec. 206. Student assistance and other Federal programs. 

Sec. 207. Table of contents.

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Carl D. Perkins Voca7 tional and Technical Education Act of 1998 (20 U.S.C. 

8 2301 et seq.). 
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1 SEC. 3. PURPOSE. 

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

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

4 appears and inserting ‘‘career’’; 

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

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

7 students in meeting such standards, especially in 

8 preparation for high skill, high wage, or high de9 mand occupations in emerging or established profes10 sions’’; 

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

12 after ‘‘integrate’’; 

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

14 the semicolon; 

15 (5) in paragraph (4)—

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

17 ‘‘disseminating national’’; 

18 (B) by inserting ‘‘disseminating informa19 tion on best practices,’’ after ‘‘national re20 search,’’; and 

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

22 inserting a semicolon; and 

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

24 ‘‘(5) promoting leadership and professional de25 velopment at the State and local levels, and devel26 oping research and best practices for improving the 
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1 quality of career and technical education teachers, 

2 faculty, principals, administrators, and counselors; 

3 ‘‘(6) supporting partnerships among secondary 

4 schools, postsecondary institutions, area career tech5 nical centers, business and industry, professional as6 sociations, and intermediaries; and 

7 ‘‘(7) developing a highly skilled workforce need8 ed to keep America competitive in the global econ9 omy in conjunction with other Federal education and 

10 training programs, including workforce investment 

11 programs, that provide lifelong learning for the 

12 workforce of today and tomorrow.’’. 

13 SEC. 4. DEFINITIONS. 

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

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

16 employment statistics and information relating to 

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

18 provided pursuant to section 118, and career ladder 

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

20 (2) in paragraph (3)—

21 (A) in the paragraph heading, by striking 

22 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and 

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

24 term appears and inserting ‘‘career’’; 

25 (3) by striking paragraph (4); 
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1 (4) by redesignating paragraphs (5) through 

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

3 (5) by inserting after paragraph (3) the fol4 lowing: 

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

6 ‘articulation agreement’ means a written commit7 ment, approved annually by the relevant administra8 tors of the secondary and postsecondary institutions, 

9 to a program that is designed to provide students 

10 with a nonduplicative sequence of progressive 

11 achievement leading to technical skill proficiency, a 

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

13 through credit transfer agreements. 

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

15 The term ‘career and technical education’ means or16 ganized educational activities that—

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

18 may include technical learning experiences) 

19 that—

20 ‘‘(i) provides individuals with the chal21 lenging academic and technical knowledge 

22 and skills the individuals need to prepare 

23 for further education and for careers in 

24 emerging and established professions; and
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1 ‘‘(ii) may lead to technical skill pro2 ficiency, a credential, a certificate, or a de3 gree; and 

4 ‘‘(B) include competency-based applied 

5 learning that contributes to the academic 

6 knowledge, higher-order reasoning and problem7 solving skills, work attitudes, general employ8 ability skills, technical skills, and occupation9 specific skills, of an individual. 

10 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU11 DENT.—The term ‘career and technical education 

12 student’ means a student who enrolls in a clearly de13 fined sequence of career and technical education 

14 courses leading to attainment of technical skill pro15 ficiency, a credential, a certificate, or a degree. 

16 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGA17 NIZATION.—

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

19 technical student organization’ means an orga20 nization for individuals enrolled in a career and 

21 technical education program that engages in ca22 reer and technical education activities as an in23 tegral part of the instructional program. 

24 ‘‘(B) STATE AND NATIONAL UNITS.—An 

25 organization described in subparagraph (A) 
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1 may have State and national units that aggre2 gate the work and purposes of instruction in ca3 reer and technical education at the local level. 

4 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN5 SELING.—The term ‘career guidance and academic 

6 counseling’ means providing access to information 

7 regarding career awareness and planning with re8 spect to an individual’s occupational and academic 

9 future that shall involve guidance and counseling 

10 with respect to career options, financial aid, and 

11 postsecondary options. 

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

13 pathway’ means a coordinated and nonduplicative 

14 sequence of courses (which may include technical 

15 learning experiences) and associated credits that—

16 ‘‘(A) shall identify both secondary and 

17 postsecondary education elements; 

18 ‘‘(B) shall include challenging academic 

19 and career and technical education content; 

20 ‘‘(C) may include the opportunity for sec21 ondary students to participate in dual or con22 current enrollment programs or other ways to 

23 acquire postsecondary credits; and 
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1 ‘‘(D) may culminate in technical skill pro2 ficiency, a credential, a certificate, or a de3 gree.’’; 

4 (6) in paragraph (10) (as redesignated by para5 graph (4) of this section), by striking ‘‘5206’’ and 

6 inserting ‘‘5210’’; 

7 (7) by redesignating paragraphs (11) through 

8 (35) (as redesignated by paragraph (4) of this sec9 tion) as paragraphs (12) through (36), respectively; 

10 (8) by inserting after paragraph (10) (as redes11 ignated by paragraph (4) of this section) the fol12 lowing: 

13 ‘‘(11) COMMUNITY COLLEGE.—The term ‘com14 munity college’—

15 ‘‘(A) means an institution of higher edu16 cation, as defined in section 101 of the Higher 

17 Education Act of 1965, that provides not less 

18 than a 2-year program that is acceptable for 

19 full credit toward a baccalaureate degree; and 

20 ‘‘(B) includes tribally controlled colleges or 

21 universities.’’; 

22 (9) in paragraph (12) (as redesignated by para23 graph (7) of this section)—

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

25 and inserting ‘‘method’’; and 
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1 (B) by striking ‘‘vocational’’ and inserting 

2 ‘‘career’’; 

3 (10) by redesignating paragraphs (13) through 

4 (36) (as redesignated by paragraph (7) of this sec5 tion) as paragraphs (14) through (37), respectively; 

6 (11) by inserting after paragraph (12) the fol7 lowing: 

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

9 ‘core academic subjects’ has the meaning given the 

10 term in section 9101 of the Elementary and Sec11 ondary Education Act of 1965, except that under 

12 this Act such subjects included in such term shall be 

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

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

15 paragraph (10) of this section), by striking ‘‘voca16 tional’’ both places the term appears and inserting 

17 ‘‘career’’; 

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

19 paragraph (10) of this section)—

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

21 institution of higher education’’ and inserting 

22 ‘‘a public or nonprofit private institution of 

23 higher education that offers career and tech24 nical education courses that lead to technical 
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1 skill proficiency, an industry-recognized creden2 tial, a certificate, or a degree’’; and 

3 (B) in subparagraph (C), by striking ‘‘vo4 cational’’ and inserting ‘‘career’’; 

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

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

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

8 a public charter school that operates as a local edu9 cational agency), an area career’’; 

10 (15) by redesignating paragraphs (20) through 

11 (37) (as redesignated by paragraph (10) of this sec12 tion) as paragraphs (21) through (38), respectively; 

13 (16) by inserting after paragraph (19) (as re14 designated by paragraph (10) of this section) the 

15 following: 

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

17 term ‘graduation and career plan’ means a written 

18 plan for a secondary career and technical education 

19 student, that—

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

21 academic counseling or other professional staff, 

22 and in consultation with parents, not later than 

23 in the first year of secondary school or upon en24 rollment in career and technical education;
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1 ‘‘(B) is reviewed annually and modified as 

2 needed; 

3 ‘‘(C) includes relevant information on—

4 ‘‘(i) secondary school requirements for 

5 graduating with a diploma; 

6 ‘‘(ii) postsecondary education admis7 sion requirements; and 

8 ‘‘(iii) high skill, high wage, or high de9 mand occupations and nontraditional fields 

10 in emerging and established professions, 

11 and labor market indicators; and 

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

13 graduation goals, postsecondary education and 

14 training, or employment goals, and identifies 1 

15 or more career pathways that correspond to the 

16 goals.’’; 

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

18 paragraph (15) of this section)—

19 (A) in the paragraph heading, by striking 

20 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

21 ‘‘FIELDS’’; and 

22 (B) by striking ‘‘training and employment’’ 

23 and inserting ‘‘fields’’; 

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

25 paragraph (15) of this section), by striking ‘‘the 
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1 Commonwealth’’ and all that follows through the pe2 riod and inserting ‘‘and the Commonwealth of the 

3 Northern Mariana Islands.’’; 

4 (19) by redesignating paragraphs (31) through 

5 (38) (as redesignated by paragraph (15) of this sec6 tion) as paragraphs (32) through (39), respectively; 

7 (20) by inserting after paragraph (30) (as re8 designated by paragraph (15) of this section) the 

9 following: 

10 ‘‘(31) SELF-SUFFICIENCY.—The term ‘self-suf11 ficiency’ means a standard that is adopted, cal12 culated, or commissioned by a local area or State, 

13 and which adjusts for local factors, in specifying the 

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

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

16 geographical considerations.’’; 

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

18 paragraph (19) of this section)—

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

20 ‘‘training and employment’’ and inserting 

21 ‘‘fields’’; and 

22 (B) in subparagraph (F), by striking ‘‘indi23 viduals with other barriers to educational 

24 achievement, including’’; 
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1 (22) in paragraph (34) (as redesignated by 

2 paragraph (19) of this section) by striking ‘‘, and in3 structional aids and devices’’ and inserting ‘‘instruc4 tional aids, and work supports’’; 

5 (23) by striking paragraph (35) (as redesig6 nated by paragraph (19) of this section) and insert7 ing the following: 

8 ‘‘(35) TECH-PREP PROGRAM.—The term ‘tech9 prep program’ means a program of study that—

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

11 secondary education (as determined under State 

12 law) with a minimum of 2 years of postsec13 ondary education in a nonduplicative, sequential 

14 course of study; 

15 ‘‘(B) integrates academic and career and 

16 technical education instruction, and utilizes 

17 work-based and worksite learning where appro18 priate and available; 

19 ‘‘(C) provides technical preparation in a 

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

21 high demand occupations; 

22 ‘‘(D) builds student competence in tech23 nical skills and in core academic subjects, as 

24 appropriate, through applied, contextual, and 
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1 integrated instruction, in a coherent sequence 

2 of courses; 

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

4 credential, a certificate, or a degree, in a spe5 cific career field; 

6 ‘‘(F) leads to placement in appropriate em7 ployment or to further education; and 

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

9 practicable.’’; 

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

11 paragraph (19) of this section)—

12 (A) in the paragraph heading, by striking 

13 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; 

14 (B) in the matter preceding subparagraph 

15 (A)—

16 (i) by striking ‘‘vocational’’ and in17 serting ‘‘career’’; 

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

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

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

21 and inserting ‘‘subsection (a)(5)’’; and 

22 (C) in subparagraph (F), by striking ‘‘vo23 cational’’ and inserting ‘‘career’’; and 

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

25 redesignated by paragraph (19) of this section). 
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1 SEC. 5. TRANSITION PROVISIONS. 

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

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

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

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

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

7 Career and Technical Education Improvement Act of 

8 2004. Each eligible agency shall be assured a full fiscal 

9 year for transition to plan for and implement the require10 ments of this Act.’’. 

11 SEC. 6. LIMITATION. 

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

13 the second sentence. 

14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

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

17 of title I’’; and 

18 (2) by striking ‘‘1999 through 2003’’ and in19 serting ‘‘2005 through 2010’’. 

20 TITLE I—CAREER AND TECH21 NICAL EDUCATION ASSIST22 ANCE TO THE STATES 

23 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST24 ANCE TO THE STATES. 

25 Title I (20 U.S.C. 2321 et seq.) is amended by strik26 ing the title heading and inserting the following:
16

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1 ‘‘TITLE I—CAREER AND TECH2 NICAL EDUCATION ASSIST3 ANCE TO THE STATES’’. 

4 SEC. 102. RESERVATIONS AND STATE ALLOTMENT. 

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

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

7 through 2003,’’ and inserting ‘‘2005 through 2010, 

8 not more than’’; 

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

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

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

12 paragraph (5),’’; 

13 (3) in paragraph (3)—

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

15 in the case’’ and all that follows through 

16 ‘‘1998)’’; and 

17 (B) in subparagraph (C)—

18 (i) in clause (i)(I), by striking ‘‘(or in 

19 the case’’ and all that follows through 

20 ‘‘1998)’’; and 

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

22 in the case’’ and all that follows through 

23 ‘‘1998)’’; and 

24 (4) by adding at the end the following: 
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1 ‘‘(5) FORMULA FOR AMOUNTS IN EXCESS OF

2 THE FISCAL YEAR 2004 FUNDING LEVEL.—

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

4 for which the remainder of the sums appro5 priated under section 8 and not reserved under 

6 paragraph (1) exceeds the remainder of the 

7 sums appropriated under section 8 and not re8 served under paragraph (1) for fiscal year 

9 2004, such excess amount shall be allotted to 

10 the States according to the formula under sub11 paragraphs (A) through (D) of paragraph (2). 

12 ‘‘(B) MINIMUM ALLOTMENT.—

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 any other provision of law and subject to 

15 clause (ii), no State shall receive for a fiscal year under this paragraph less than 1 16 ⁄2

17 of 1 percent of the excess amount de18 scribed in subparagraph (A). 

19 ‘‘(ii) REQUIREMENT.—No State, by 

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

21 be allotted under this paragraph for a fis22 cal year more than the amount determined 

23 by multiplying—
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1 ‘‘(I) the number of individuals in 

2 the State counted under paragraph 

3 (2); by 

4 ‘‘(II) 185 percent of the national 

5 average per pupil payment made with 

6 the excess amount described in sub7 paragraph (A) for that year.’’. 

8 SEC. 103. WITHIN STATE ALLOCATION. 

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

10 (1) in subsection (a)—

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

12 after the semicolon; and 

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

14 inserting the following: 

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

16 ‘‘(A) State leadership activities described 

17 in section 124, of which—

18 ‘‘(i) an amount determined by the eli19 gible agency shall be made available to 

20 serve individuals in State institutions, such 

21 as State correctional institutions and insti22 tutions that serve individuals with disabil23 ities; and 
19

•S 2686 IS 

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

2 available for services that prepare individ3 uals for nontraditional fields; and 

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

5 which may be used for the costs of—

6 ‘‘(i) developing the State plan; 

7 ‘‘(ii) reviewing the local plans; 

8 ‘‘(iii) monitoring and evaluating pro9 gram effectiveness; 

10 ‘‘(iv) assuring compliance with all ap11 plicable Federal laws; 

12 ‘‘(v) providing technical assistance; 

13 and 

14 ‘‘(vi) supporting and developing State 

15 data systems relevant to the provisions of 

16 this Act.’’; 

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

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

19 ‘‘subsection (a)(2)(B)’’; and 

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

21 following: 

22 ‘‘(c) RESERVE.—From amounts made available 

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

24 eligible agency may—
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1 ‘‘(1) award grants to eligible recipients, or con2 sortia of eligible recipients, for career and technical 

3 education activities described in section 135 in—

4 ‘‘(A) rural areas; or 

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

6 numbers of career and technical education stu7 dents; 

8 ‘‘(2) reserve funds, with the approval of partici9 pating eligible recipients, for—

10 ‘‘(A) innovative statewide initiatives that 

11 demonstrate benefits for eligible recipients, 

12 which may include—

13 ‘‘(i) developing and implementing 

14 technical assessments; 

15 ‘‘(ii) improving the professional devel16 opment of career and technical education 

17 teachers, faculty, principals, and adminis18 trators; and 

19 ‘‘(iii) establishing, enhancing, and 

20 supporting systems for accountability data 

21 collection or reporting purposes; or 

22 ‘‘(B) the development and implementation 

23 of career pathways or career clusters; and 

24 ‘‘(3) carry out activities described in para25 graphs (1) and (2).’’.
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1 SEC. 104. ACCOUNTABILITY. 

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

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

4 appears and inserting ‘‘career’’; 

5 (2) in subsection (a)—

6 (A) by striking ‘‘a State performance ac7 countability system’’ and inserting ‘‘and sup8 port State and local performance accountability 

9 systems’’; and 

10 (B) by inserting ‘‘and its eligible recipi11 ents’’ after ‘‘of the State’’; 

12 (3) in subsection (b)—

13 (A) in paragraph (1)—

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

15 ‘‘paragraph (2)(A)’’ and inserting ‘‘sub16 paragraphs (A) and (B) of paragraph (2)’’; 

17 and 

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

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

20 (B) in paragraph (2)—

21 (i) by striking subparagraph (A) and 

22 inserting the following: 

23 ‘‘(A) CORE INDICATORS OF PERFORMANCE

24 FOR SECONDARY CAREER AND TECHNICAL EDU25 CATION STUDENTS.—Each eligible agency shall 

26 identify in the State plan core indicators of per-
22

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1 formance for secondary career and technical 

2 education students that include, at a minimum, 

3 measures of each of the following: 

4 ‘‘(i) Student achievement on technical 

5 assessments and attainment of career and 

6 technical skill proficiencies that are aligned 

7 with nationally recognized industry stand8 ards, if available and appropriate. 

9 ‘‘(ii) Student attainment of chal10 lenging academic content standards and 

11 student academic achievement standards, 

12 as adopted by the State under section 

13 1111(b)(1) of the Elementary and Sec14 ondary Education Act of 1965 and meas15 ured by the academic assessments de16 scribed in section 1111(b)(3) of such Act, 

17 consistent with State requirements. 

18 ‘‘(iii) Student rates of attainment 

19 of— 

20 ‘‘(I) a secondary school diploma; 

21 ‘‘(II) the recognized equivalent of 

22 a secondary school diploma; 

23 ‘‘(III) technical skill proficiency; 

24 ‘‘(IV) a credential; 

25 ‘‘(V) a certificate; and 
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1 ‘‘(VI) a degree. 

2 ‘‘(iv) Placement in postsecondary edu3 cation, military service, apprenticeship pro4 grams, or employment. 

5 ‘‘(v) Student participation in, and 

6 completion of, career and technical edu7 cation programs that lead to employment 

8 in nontraditional fields.’’; 

9 (ii) by redesignating subparagraphs 

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

11 through (E); 

12 (iii) by inserting after subparagraph 

13 (A) the following: 

14 ‘‘(B) CORE INDICATORS OF PERFORMANCE

15 FOR POSTSECONDARY CAREER AND TECHNICAL

16 STUDENTS.—Each eligible agency shall identify 

17 in the State plan core indicators of performance 

18 for postsecondary career and technical edu19 cation students that include, at a minimum, 

20 measures of each of the following: 

21 ‘‘(i) Student achievement on technical 

22 assessments and attainment of career and 

23 technical skill proficiencies that are aligned 

24 with nationally recognized industry stand25 ards, if available and appropriate. 
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1 ‘‘(ii) Student attainment of technical 

2 skill proficiency, a credential, a certificate, 

3 or a degree, or retention in postsecondary 

4 education, including transfer to a bacca5 laureate degree program. 

6 ‘‘(iii) Placement in military service, 

7 apprenticeship programs, or employment. 

8 ‘‘(iv) Student participation in, and 

9 completion of, career and technical edu10 cation programs that lead to employment 

11 in nontraditional fields. 

12 ‘‘(v) Increase in earnings, where avail13 able.’’; 

14 (iv) in subparagraph (C) (as redesig15 nated by clause (ii) of this subparagraph), 

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

17 title, such as attainment of self-suffi18 ciency.’’; 

19 (v) in subparagraph (D) (as redesig20 nated by clause (ii) of this subparagraph), 

21 by inserting ‘‘career and technical edu22 cation’’ after ‘‘developed State’’; 

23 (vi) in subparagraph (E) (as redesig24 nated by clause (ii) of this subpara25 graph)—
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1 (I) by striking ‘‘this paragraph’’ 

2 and inserting ‘‘subparagraphs (A) and 

3 (B)’’; and 

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

5 inserting ‘‘recipients, and shall meet 

6 the requirements of this section.’’; and 

7 (vii) by adding at the end the fol8 lowing: 

9 ‘‘(F) ALIGNMENT OF PERFORMANCE INDI10 CATORS.—In the course of identifying core indi11 cators of performance and additional indicators 

12 of performance, States shall, to the greatest ex13 tent possible, define the indicators so that sub14 stantially similar information gathered for other 

15 State and Federal programs, or any other pur16 pose, is used to meet the requirements of this 

17 section.’’; 

18 (C) in paragraph (3)—

19 (i) in the paragraph heading, by strik20 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV21 ELS’’; 

22 (ii) in subparagraph (A)—

23 (I) in clause (i)—

24 (aa) by striking ‘‘paragraph 

25 (2)(A)’’ and inserting ‘‘subpara-
26

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1 graphs (A) and (B) of paragraph 

2 (2)’’; 

3 (bb) by inserting ‘‘after tak4 ing into account the local ad5 justed levels of performance and’’ 

6 after ‘‘eligible agency, ; and 

7 (cc) by striking subclause 

8 (II) and inserting the following: 

9 ‘‘(II) require the eligible recipi10 ents to make continuous and signifi11 cant improvement in career and tech12 nical achievement of career and tech13 nical education students, including 

14 special populations.’’; 

15 (II) in clause (v)—

16 (aa) in the clause heading, 

17 by striking ‘‘3RD, 4TH, AND 5TH’’ 

18 and inserting ‘‘SUBSEQUENT’’; 

19 (bb) by striking ‘‘third pro20 gram year’’ and inserting ‘‘third 

21 and fifth program years’’; and 

22 (cc) by striking ‘‘third, 

23 fourth, and fifth’’ and inserting 

24 ‘‘corresponding subsequent’’;
27

•S 2686 IS 

1 (III) in clause (vi)(II), by insert2 ing ‘‘and significant’’ after ‘‘contin3 uous’’; and 

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

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

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

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

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

9 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.—

10 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER11 FORMANCE FOR CORE INDICATORS OF PER12 FORMANCE.—

13 ‘‘(i) IN GENERAL.—Each eligible re14 cipient shall accept the State adjusted lev15 els of performance established under para16 graph (3) as local adjusted levels of per17 formance, or negotiate with the State to 

18 reach agreement on new local adjusted lev19 els of performance, for each of the core in20 dicators of performance described in sub21 paragraphs (A) and (B) of paragraph (2) 

22 for career and technical education activi23 ties authorized under this title. The levels 

24 of performance established under this sub25 paragraph shall, at a minimum— 
28

•S 2686 IS 

1 ‘‘(I) be expressed in a percentage 

2 or numerical form, so as to be objec3 tive, quantifiable, and measurable; 

4 and 

5 ‘‘(II) require the eligible recipient 

6 to make continuous and significant 

7 improvement in career and technical 

8 achievement of career and technical 

9 education students. 

10 ‘‘(ii) IDENTIFICATION IN THE LOCAL

11 PLAN.—Each eligible recipient shall iden12 tify, in the local plan submitted under sec13 tion 134, levels of performance for each of 

14 the core indicators of performance for the 

15 first 2 program years covered by the local 

16 plan. 

17 ‘‘(iii) AGREEMENT ON LOCAL AD18 JUSTED LEVELS OF PERFORMANCE FOR

19 FIRST 2 YEARS.—The eligible agency and 

20 each eligible recipient shall reach agree21 ment on the eligible recipient’s levels of 

22 performance for each of the core indicators 

23 of performance for the first 2 program 

24 years covered by the local plan, taking into 

25 account the levels identified in the local 
29

•S 2686 IS 

1 plan under clause (ii) and the factors de2 scribed in clause (v). The levels of perform3 ance agreed to under this clause shall be 

4 considered to be the local adjusted levels of 

5 performance for the eligible recipient for 

6 such years and shall be incorporated into 

7 the local plan prior to the approval of such 

8 plan. 

9 ‘‘(iv) AGREEMENT ON LOCAL AD10 JUSTED LEVELS OF PERFORMANCE FOR

11 SUBSEQUENT YEARS.—Prior to the third 

12 and fifth program years covered by the 

13 local plan, the eligible agency and each eli14 gible recipient shall reach agreement on 

15 the local adjusted levels of performance for 

16 each of the core indicators of performance 

17 for the corresponding subsequent program 

18 years covered by the local plan, taking into 

19 account the factors described in clause (v). 

20 The local adjusted levels of performance 

21 agreed to under this clause shall be consid22 ered to be the local adjusted levels of per23 formance for the eligible recipient for such 

24 years and shall be incorporated into the 

25 local plan. 
30

•S 2686 IS 

1 ‘‘(v) FACTORS.—The agreement de2 scribed in clause (iii) or (iv) shall take into 

3 account— 

4 ‘‘(I) how the levels of perform5 ance involved compare with the local 

6 adjusted levels of performance estab7 lished for other eligible recipients, tak8 ing into account factors including the 

9 characteristics of participants when 

10 the participants entered the program 

11 and the services or instruction to be 

12 provided; and 

13 ‘‘(II) the extent to which the 

14 local adjusted levels of performance 

15 involved promote continuous and sig16 nificant improvement on the core indi17 cators of performance by the eligible 

18 recipient. 

19 ‘‘(vi) REVISIONS.—If unanticipated 

20 circumstances arise with respect to an eli21 gible recipient resulting in a significant 

22 change in the factor described in clause 

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

24 that the local adjusted levels of perform25 ance agreed to under clause (iii) or (iv) be 
31

•S 2686 IS 

1 revised. The eligible agency shall issue ob2 jective criteria and methods for making 

3 such revisions. 

4 ‘‘(B) LEVELS OF PERFORMANCE FOR AD5 DITIONAL INDICATORS.—Each eligible recipient 

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

7 performance for any additional indicators of 

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

9 Such levels shall be considered to be the local 

10 levels of performance for purposes of this title. 

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

12 that receives an allocation under section 131 

13 shall publicly report, on an annual basis, its 

14 progress in achieving the local adjusted levels of 

15 performance on the core indicators of perform16 ance.’’; and 

17 (4) by striking subsection (c)(1)(B) and insert18 ing: 

19 ‘‘(B) information on the levels of perform20 ance achieved by the State with respect to the 

21 additional indicators of performance, including 

22 the levels of performance disaggregated for 

23 postsecondary institutions, by special popu24 lations, and for secondary institutions, by spe25 cial populations and by the categories described
32

•S 2686 IS 

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

2 and Secondary Education Act of 1965, except 

3 that such disaggregation shall not be required 

4 in a case in which the number of individuals 

5 in a category is insufficient to yield statistically 

6 reliable information or the results would reveal 

7 personally identifiable information about an in8 dividual.’’. 

9 SEC. 105. NATIONAL ACTIVITIES. 

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

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

12 appears and inserting ‘‘career’’; 

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

14 an analysis of performance data regarding special 

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

16 of performance data that is disaggregated for post17 secondary institutions, by special populations, and 

18 for secondary institutions, by special populations and 

19 by the categories described in section 

20 1111(h)(1)(C)(i) of the Elementary and Secondary 

21 Education Act of 1965, except that such 

22 disaggregation shall not be required in a case in 

23 which the number of individuals in a category is in24 sufficient to yield statistically reliable information or 
33

•S 2686 IS 

1 the results would reveal personally identifiable infor2 mation about an individual’’; 

3 (3) in subsection (c)—

4 (A) by striking paragraph (2) and insert5 ing the following: 

6 ‘‘(2) INDEPENDENT ADVISORY PANEL.—

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

8 appoint an independent advisory panel to advise 

9 the Secretary on the implementation of the as10 sessment described in paragraph (3), including 

11 the issues to be addressed and the methodology 

12 of the studies involved to ensure that the as13 sessment adheres to the highest standards of 

14 quality. 

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

16 consist of—

17 ‘‘(i) educators, principals, and admin18 istrators (including State directors of ca19 reer and technical education), with exper20 tise in the integration of academic and ca21 reer and technical education; 

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

23 and assessment; 
34

•S 2686 IS 

1 ‘‘(iii) representatives of labor organi2 zations and businesses, including small 

3 businesses; 

4 ‘‘(iv) parents; 

5 ‘‘(v) career guidance and academic 

6 counseling professionals; and 

7 ‘‘(vi) other individuals and inter8 mediaries with relevant expertise. 

9 ‘‘(C) INDEPENDENT ANALYSIS.—The advi10 sory panel shall transmit to the Secretary and 

11 to the relevant committees of Congress an inde12 pendent analysis of the findings and rec13 ommendations resulting from the assessment 

14 described in paragraph (3). 

15 ‘‘(D) FACA.—The Federal Advisory Com16 mittee Act (5 U.S.C. App.) shall not apply to 

17 the panel established under this paragraph.’’; 

18 (B) in paragraph (3)—

19 (i) by striking subparagraph (A) and 

20 inserting the following: 

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

22 available under subsection (d), the Secretary 

23 shall provide for the conduct of an independent 

24 evaluation and assessment of career and tech25 nical education programs under this Act, in-
35

•S 2686 IS 

1 cluding the implementation of the Carl D. Per2 kins Career and Technical Education Improve3 ment Act of 2004, to the extent practicable, 

4 through studies and analyses conducted inde5 pendently through grants, contracts, and coop6 erative agreements that are awarded on a com7 petitive basis.’’; 

8 (ii) in subparagraph (B)—

9 (I) by striking clause (iii) and in10 serting the following: 

11 ‘‘(iii) the preparation and qualifica12 tions of teachers and faculty of career and 

13 technical education, as well as shortages of 

14 such teachers and faculty;’’; 

15 (II) by striking clause (v) and in16 serting the following: 

17 ‘‘(v) academic and career and tech18 nical education achievement and employ19 ment outcomes of career and technical 

20 education students, including analyses of—

21 ‘‘(I) the number of career and 

22 technical education students and tech23 prep students who meet the State ad24 justed levels of performance estab25 lished under section 113; 
36

•S 2686 IS 

1 ‘‘(II) the extent and success of 

2 integration of challenging academic 

3 and career and technical education for 

4 students participating in career and 

5 technical education programs; 

6 ‘‘(III) the extent to which career 

7 and technical education programs pre8 pare students, including special popu9 lations, for subsequent employment in 

10 high skill, high wage occupations, or 

11 participation in postsecondary edu12 cation; and 

13 ‘‘(IV) the number of career and 

14 technical education students receiving 

15 a high school diploma;’’; 

16 (III) in clause (vi), by inserting 

17 ‘‘, and career and technical education 

18 students’ preparation for employ19 ment’’ after ‘‘programs’’; and 

20 (IV) in clause (viii), by inserting 

21 ‘‘and local’’ after ‘‘State’’ both places 

22 such term appears; and 

23 (iii) in subparagraph (C)—

24 (I) in clause (i)—
37

•S 2686 IS 

1 (aa) by striking ‘‘Committee 

2 on Education’’ and all that fol3 lows through ‘‘Senate’’ and in4 serting ‘‘relevant committees of 

5 Congress’’; and 

6 (bb) by striking ‘‘2002’’ 

7 both places it appears and insert8 ing ‘‘2008’’; and 

9 (II) in clause (ii), by striking 

10 ‘‘Committee on Education’’ and all 

11 that follows through ‘‘Senate’’ and in12 serting ‘‘relevant committees of Con13 gress’’; 

14 (C) in paragraph (4)(B), by striking 

15 ‘‘Committee on Education’’ and all that follows 

16 through ‘‘Senate’’ and inserting ‘‘relevant com17 mittees of Congress’’; 

18 (D) in paragraph (5)—

19 (i) in subparagraph (A)—

20 (I) in the matter preceding clause 

21 (i), by striking ‘‘higher education’’ 

22 and all that follows through ‘‘centers’’ 

23 and inserting ‘‘higher education offer24 ing comprehensive graduate programs 

25 in career and technical education that 
38

•S 2686 IS 

1 shall be the primary recipient and 

2 shall collaborate with a public or pri3 vate nonprofit organization or agency, 

4 or a consortium of such institutions, 

5 organizations, or agencies, to establish 

6 a national research center’’; 

7 (II) in clause (i)—

8 (aa) by inserting ‘‘and eval9 uation’’ after ‘‘to carry out re10 search’’; and 

11 (bb) by inserting ‘‘, includ12 ing special populations,’’ after 

13 ‘‘participants’’; 

14 (III) by redesignating clause (ii), 

15 (iii), and (iv), as clauses (iii), (iv), and 

16 (v), respectively; 

17 (IV) by inserting after clause (i) 

18 the following: 

19 ‘‘(ii) to carry out research for the pur20 pose of developing, improving, and identi21 fying the most successful methods for suc22 cessfully addressing the needs of employers 

23 in high skill, high wage business and in24 dustry, including evaluation and scientif25 ically based research of—
39

•S 2686 IS 

1 ‘‘(I) collaboration between career 

2 and technical education programs and 

3 business and industry; 

4 ‘‘(II) academic and technical 

5 skills required to respond to the chal6 lenge of a global economy and rapid 

7 technological changes; and 

8 ‘‘(III) technical knowledge and 

9 skills required to respond to needs of 

10 a regional or sectoral workforce, in11 cluding small business;’’; 

12 (V) in clause (iii) (as redesig13 nated by subclause (III) of this 

14 clause), by inserting ‘‘that are inte15 grated with challenging academic in16 struction’’ before ‘‘, including’’; and 

17 (VI) by striking clause (iv) (as 

18 redesignated by subclause (III) of this 

19 clause) and inserting the following: 

20 ‘‘(iv) to carry out scientifically based 

21 research, where appropriate, that can be 

22 used to improve preparation and profes23 sional development of teachers, faculty, 

24 principals, and administrators and student 
40

•S 2686 IS 

1 learning in the career and technical edu2 cation classroom, including—

3 ‘‘(I) effective in-service and pre4 service teacher and faculty education 

5 that assists career and technical edu6 cation programs in—

7 ‘‘(aa) integrating those pro8 grams with academic content 

9 standards and student academic 

10 achievement standards, as adopt11 ed by States under section 

12 1111(b)(1) of the Elementary 

13 and Secondary Education Act of 

14 1965; and 

15 ‘‘(bb) promoting technical 

16 education aligned with industry17 based standards and certifi18 cations to meet regional industry 

19 needs; 

20 ‘‘(II) dissemination and training 

21 activities related to the applied re22 search and demonstration activities 

23 described in this subsection, which 

24 may also include serving as a reposi25 tory for information on career and 
41

•S 2686 IS 

1 technical education skills, State aca2 demic standards, and related mate3 rials; and 

4 ‘‘(III) the recruitment and reten5 tion of career and technical education 

6 teachers, faculty, counselors, prin7 cipals, and administrators, including 

8 individuals in groups underrep9 resented in the teaching profession; 

10 and’’; 

11 (ii) in subparagraph (B)—

12 (I) by striking ‘‘or centers’’ both 

13 places the term appears; and 

14 (II) by striking ‘‘Committee on 

15 Education’’ and all that follows 

16 through ‘‘Senate’’ and inserting ‘‘rel17 evant committees of Congress’’; 

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

19 ‘‘or centers’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(D) INDEPENDENT GOVERNING BOARD.—

23 ‘‘(i) IN GENERAL.—An institution of 

24 higher education that desires a grant, con25 tract, or cooperative agreement under this
42

•S 2686 IS 

1 paragraph shall identify, in its application, 

2 an independent governing board for the 

3 center established pursuant to this para4 graph. 

5 ‘‘(ii) MEMBERS.—The independent 

6 governing board shall consist of the fol7 lowing: 

8 ‘‘(I) Two representatives of sec9 ondary career and technical education. 

10 ‘‘(II) Two representatives of 

11 postsecondary career and technical 

12 education. 

13 ‘‘(III) Two representatives of eli14 gible agencies. 

15 ‘‘(IV) Two representatives of 

16 business and industry. 

17 ‘‘(V) Two representatives of ca18 reer and technical teacher preparation 

19 institutions. 

20 ‘‘(VI) Two nationally recognized 

21 researchers in the field of career and 

22 technical education. 

23 ‘‘(iii) COORDINATION.—The inde24 pendent governing board shall ensure that 

25 the research and dissemination activities 
43

•S 2686 IS 

1 carried out by the center are coordinated 

2 with the research activities carried out by 

3 the Secretary.’’; 

4 (E) in paragraph (6)(B)(ii), by striking 

5 ‘‘or centers’’; and 

6 (F) by striking paragraph (8); and 

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

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 such sums as may be necessary for each of fiscal years 

11 2005 through 2010.’’. 

12 SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS. 

13 Section 115 (20 U.S.C. 2325) is amended—

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

15 appears and inserting ‘‘career’’; 

16 (2) in subsection (b)—

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

18 by striking ‘‘the Republic of the Marshall Is19 lands, the Federated States of Micronesia,’’; 

20 (B) in paragraph (1), by striking ‘‘training 

21 and retraining;’’ and inserting ‘‘preparation;’’; 

22 (C) by redesignating paragraphs (2) and 

23 (3) as paragraphs (3) and (4), respectively; and 

24 (D) by inserting after paragraph (1) the 

25 following: 
44

•S 2686 IS 

1 ‘‘(2) professional development for teachers, fac2 ulty, principals, and administrators;’’; and 

3 (3) in subsection (d)—

4 (A) by striking ‘‘the Republic of the Mar5 shall Islands, the Federated States of Micro6 nesia, and’’; and 

7 (B) by striking ‘‘2001’’ and inserting 

8 ‘‘2007’’. 

9 SEC. 107. NATIVE AMERICAN PROGRAM. 

10 Section 116 (20 U.S.C. 2326) is amended—

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

12 appears and inserting ‘‘career’’; 

13 (2) in subsection (a)(5), by adding a period at 

14 the end; 

15 (3) in subsection (b)—

16 (A) in paragraph (1), by striking ‘‘(d)’’ 

17 and inserting ‘‘(c)’’; and 

18 (B) in paragraph (2), by striking ‘‘(other 

19 than in subsection (i))’’; 

20 (4) in subsection (d), by striking ‘‘section an’’ 

21 and inserting ‘‘section, an’’; 

22 (5) in subsection (e), by striking ‘‘paragraph’’ 

23 and inserting ‘‘section’’; and 

24 (6) in subsection (h), by striking ‘‘which are 

25 recognized by the Governor of the State of Hawaii’’. 
45

•S 2686 IS 

1 SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CA2 REER AND TECHNICAL INSTITUTIONS. 

3 Section 117 (20 U.S.C. 2327) is amended—

4 (1) by striking the section heading and insert5 ing the following: 

6 ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CA7 REER AND TECHNICAL INSTITUTIONS.’’; 

8 (2) by striking ‘‘vocational’’ each place the term 

9 appears and inserting ‘‘career’’; 

10 (3) in subsection (g)—

11 (A) in paragraph (1), by striking ‘‘The 

12 Secretary’’ and inserting ‘‘On an annual basis, 

13 the Secretary’’; 

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

15 ‘‘2000’’ and inserting ‘‘2006’’; and 

16 (C) in paragraph (3)(C), by striking ‘‘be17 ginning’’ and all that follows through the period 

18 and inserting ‘‘beginning on the date of enact19 ment of the Carl D. Perkins Career and Tech20 nical Education Improvement Act of 2004.’’; 

21 (4) by redesignating subsections (h) and (i) as 

22 subsections (i) and (j), respectively; 

23 (5) by inserting after subsection (g) the fol24 lowing: 

25 ‘‘(h) APPEALS.—
46

•S 2686 IS 

1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary shall provide a tribally controlled post3 secondary career and technical institution with a 

4 hearing on the record before an administrative law 

5 judge with respect to the following determinations: 

6 ‘‘(A) A determination that such institution 

7 is not eligible for a grant under this section. 

8 ‘‘(B) A determination regarding the cal9 culation of the amount of a grant awarded 

10 under this section. 

11 ‘‘(2) PROCEDURE FOR APPEAL.—To appeal a 

12 determination described in paragraph (1), a tribally 

13 controlled postsecondary career and technical insti14 tution shall—

15 ‘‘(A) in the case of an appeal based on a 

16 determination that such institution is not eligi17 ble for a grant under this section, file a notice 

18 of appeal with the Secretary not later than 30 

19 days after receipt of such determination; and 

20 ‘‘(B) in the case of an appeal based on a 

21 determination regarding the calculation of the 

22 amount of a grant awarded under this sec23 tion—

24 ‘‘(i) file a notice of appeal with the 

25 Secretary not later than 30 days after re-
47

•S 2686 IS 

1 ceipt of the Secretary’s notification of the 

2 grant amount; and 

3 ‘‘(ii) identify the amount of funding 

4 that gives rise to such appeal. 

5 ‘‘(3) WITHHOLDING OF AMOUNT.—If a tribally 

6 controlled postsecondary career and technical insti7 tution appeals a determination described in para8 graph (1), the Secretary shall withhold the amount 

9 in dispute from the award of grant funds under this 

10 section until such time as the administrative law 

11 judge has issued a written decision on the appeal.’’; 

12 and 

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

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

15 following: 

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

17 are authorized to be appropriated to carry out this section 

18 $10,000,000 for fiscal year 2005 and such sums as may 

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

20 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA21 TION. 

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

23 (1) in subsection (a)—

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

25 by striking ‘‘(f)’’ and inserting ‘‘(g)’’;
48

•S 2686 IS 

1 (B) in paragraph (1)—

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

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

4 ‘‘(c)’’; 

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

6 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

8 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

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

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

12 as subsections (c) through (g), respectively; 

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) STATE APPLICATION.—

16 ‘‘(1) IN GENERAL.—Each State desiring assist17 ance under this section shall submit an application 

18 to the Secretary at the same time the State submits 

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

20 and accompanied by such additional information, as 

21 the Secretary may reasonably require. 

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

23 under paragraph (1) shall include—

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

25 designated in subsection (c) will provide infor-
49

•S 2686 IS 

1 mation based on labor market trends to inform 

2 program development; and 

3 ‘‘(B) information about the academic con4 tent standards and student academic achieve5 ment standards adopted by the State under sec6 tion 1111(b)(1) of the Elementary and Sec7 ondary Education Act of 1965.’’; 

8 (4) in subsection (c) (as redesignated by para9 graph (2) of this section)—

10 (A) in paragraph (1), by striking ‘‘individ11 uals’’ and all that follows through the semicolon 

12 and inserting ‘‘students and parents, including 

13 postsecondary education and training, including 

14 preparation for high skill, high wage, or high 

15 demand occupations and nontraditional fields in 

16 emerging or established professions;’’; 

17 (B) in paragraph (2), by inserting ‘‘aca18 demic and career and technical’’ after ‘‘relate’’; 

19 (C) by striking paragraph (3) and insert20 ing the following: 

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

22 and counselors with the knowledge, skills, and occu23 pational information needed to assist parents and all 

24 students, especially special populations underrep25 resented in certain careers, with career exploration, 
50

•S 2686 IS 

1 educational opportunities, education financing, and 

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

3 occupations and nontraditional fields;’’; 

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

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

6 emphasis on high skill, high wage, or high de7 mand occupations in emerging or established 

8 professions;’’; 

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

10 after the semicolon; 

11 (F) in paragraph (6), by striking the pe12 riod and inserting ‘‘; and’’; and 

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

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

15 each occupation, on—

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

17 in the occupation at entry level and after 5 

18 years of employment; 

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

20 ‘‘(C) and the expected future demand for 

21 the occupation, based on employment projec22 tions.’’; 

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

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

25 both places it appears and inserting ‘‘(c)’’; 
51

•S 2686 IS 

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

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

3 inserting ‘‘(c)’’; 

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

5 paragraph (2) of this section), by striking ‘‘an iden6 tification’’ and inserting ‘‘a description of’’; and 

7 (8) in subsection (g) (as redesignated by para8 graph (2) of this section), by striking ‘‘1999 through 

9 2003’’ and inserting ‘‘2005 through 2010’’. 

10 SEC. 110. STATE ADMINISTRATION. 

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

12 (1) by redesignating subsection (a)(2) as sub13 section (b) and indenting appropriately; 

14 (2) by redesignating subparagraphs (A) through 

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

16 (4), respectively, and indenting appropriately; 

17 (3) by redesignating clauses (i) and (ii) of para18 graph (4) (as redesignated by paragraph (2) of this 

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

20 and indenting appropriately; 

21 (4) by striking the following: 

22 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—

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

24 inserting the following: 
52

•S 2686 IS 

1 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re2 sponsibilities’’; 

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

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

5 and employment’’ and inserting ‘‘fields’’; 

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

7 paragraph (2) of this section)—

8 (A) by inserting ‘‘teacher and faculty prep9 aration programs,’’ after ‘‘teachers,’’; and 

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

11 after ‘‘representatives of’’; and 

12 (7) in subsection (b) (as redesignated by para13 graph (1) of this section), by striking ‘‘paragraph 

14 (1)’’ and inserting ‘‘subsection (a)’’. 

15 SEC. 111. STATE PLAN. 

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

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

18 appears and inserting ‘‘career’’; 

19 (2) in subsection (a)—

20 (A) in paragraph (1)—

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

22 and 

23 (ii) by adding at the end the fol24 lowing: ‘‘Each eligible agency may submit 

25 a transition plan during the first full year
53

•S 2686 IS 

1 of implementation of this Act after the 

2 date of enactment of the Carl D. Perkins 

3 Career and Technical Education Improve4 ment Act of 2004. The transition plan 

5 shall fulfill the eligible agency’s State plan 

6 submission obligation under this section.’’; 

7 and 

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

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

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

11 the following: 

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

13 develop the State plan in consultation with academic 

14 and career and technical education teachers, faculty, 

15 principals, and administrators, career guidance and 

16 academic counselors, eligible recipients, parents, stu17 dents, the State tech-prep coordinator and rep18 resentatives of tech-prep consortia (if applicable), in19 terested community members (including parent and 

20 community organizations), representatives of special 

21 populations, representatives of business (including 

22 small business) and industry, and representatives of 

23 labor organizations in the State, and shall consult 

24 the Governor of the State with respect to such devel25 opment.’’; 
54

•S 2686 IS 

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

2 following: 

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

4 information that— 

5 ‘‘(1) describes the career and technical edu6 cation activities to be assisted that are designed to 

7 meet or exceed the State adjusted levels of perform8 ance, including a description of— 

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

10 eligible recipients in developing or implementing 

11 career pathways for career and technical edu12 cation content areas that are designed to meet 

13 relevant workforce needs, including how the eli14 gible agency will— 

15 ‘‘(i) support eligible recipients in de16 veloping articulation agreements between 

17 secondary and postsecondary institutions; 

18 ‘‘(ii) support eligible recipients in 

19 using labor market information to identify 

20 career pathways that prepare individuals 

21 for high skill, high wage, or high demand 

22 occupations; 

23 ‘‘(iii) make available information 

24 about career pathways offered by eligible 

25 recipients; and 
55

•S 2686 IS 

1 ‘‘(iv) consult with business and indus2 try and use industry-recognized standards 

3 and assessments, if appropriate; 

4 ‘‘(B) the secondary and postsecondary ca5 reer and technical education programs to be 

6 carried out, including programs that will be car7 ried out by the eligible agency to develop, im8 prove, and expand access to quality technology 

9 in career and technical education programs; 

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

11 eligible agency to approve eligible recipients for 

12 funds under this title, including criteria to as13 sess the extent to which the local plan will— 

14 ‘‘(i) promote higher levels of academic 

15 achievement; 

16 ‘‘(ii) promote higher levels of technical 

17 skill attainment; and 

18 ‘‘(iii) identify and address workforce 

19 needs; 

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

21 will prepare career and technical education stu22 dents, including special populations to graduate 

23 from high school with a diploma; 

24 ‘‘(E) how such programs will prepare ca25 reer and technical education students, including 
56

•S 2686 IS 

1 special populations, both academically and tech2 nically, for opportunities in postsecondary edu3 cation or entry into high skill, high wage, or 

4 high demand occupations in emerging or estab5 lished occupations, and how participating stu6 dents will be made aware of such opportunities; 

7 and 

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

9 develop new career and technical education 

10 courses in high skill, high wage, or high de11 mand occupations that are aligned with busi12 ness needs and industry standards, as appro13 priate— 

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

15 aligned with challenging academic content 

16 standards and student academic achieve17 ment standards adopted by the State 

18 under section 1111(b)(1) of the Elemen19 tary and Secondary Education Act of 

20 1965; and 

21 ‘‘(ii) at the postsecondary level that 

22 are relevant and challenging; 

23 ‘‘(2) describes how career and technical edu24 cation teachers, faculty, principals, administrators, 

25 and career guidance and academic counselors will be 
57

•S 2686 IS 

1 provided comprehensive initial preparation and pro2 fessional development, including through programs 

3 and activities that— 

4 ‘‘(A) promote the integration of chal5 lenging academic and career and technical edu6 cation curriculum development, including oppor7 tunities for teachers to jointly develop and im8 plement curriculum and pedagogical strategies 

9 with appropriate academic teachers; 

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

11 technical education knowledge of career and 

12 technical education teachers and faculty; 

13 ‘‘(C) are high-quality, sustained, intensive, 

14 focused on instruction, directly related to indus15 try standards, and includes structured induc16 tion and mentoring components for new per17 sonnel, with an emphasis on identifying and ad18 dressing the needs of local businesses, including 

19 small businesses; 

20 ‘‘(D) ensure an increasing number of ca21 reer and technical education teachers and fac22 ulty meet teacher certification and licensing re23 quirements reflecting the needs of their subject 

24 area or areas;
58

•S 2686 IS 

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

2 skills needed to work with and improve instruc3 tion for special populations; 

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

5 including labor market indicators, student 

6 achievement, and assessments; 

7 ‘‘(G) enhance the leadership capacity of 

8 principals and administrators; 

9 ‘‘(H) are integrated with professional de10 velopment activities that the State carries out 

11 under title II of the Elementary and Secondary 

12 Education Act of 1965 and title II of the High13 er Education Act of 1965; and 

14 ‘‘(I) include strategies to expose all career 

15 and technical education students to comprehen16 sive information regarding career options that 

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

18 occupations and nontraditional fields; 

19 ‘‘(3) describes efforts to improve—

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

22 counselors, principals, and administrators, in23 cluding individuals in groups underrepresented 

24 in the teaching profession; and 
59

•S 2686 IS 

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

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

4 programs and faculty at postsecondary institutions 

5 to effectively prepare career and technical education 

6 personnel, including, as appropriate, through elec7 tronically delivered distance education, and articula8 tion agreements between 2-year technical programs 

9 and postsecondary education programs; 

10 ‘‘(5) describes how the eligible agency will ac11 tively involve parents, academic and career and tech12 nical education teachers, faculty, principals, and ad13 ministrators, career guidance and academic coun14 selors, local businesses (including small- and me15 dium-sized businesses and business intermediaries), 

16 and labor organizations in the planning, develop17 ment, implementation, and evaluation of such career 

18 and technical education programs; 

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

20 agency through the allotment made under section 

21 111 will be allocated— 

22 ‘‘(A) among secondary school career and 

23 technical education, or postsecondary and adult 

24 career and technical education, or both, includ25 ing the rationale for such allocation; and 
60

•S 2686 IS 

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

2 formed among secondary schools and eligible in3 stitutions, and how funds will be allocated 

4 among the members of the consortia, including 

5 the rationale for such allocation; 

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

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

8 career and technical education courses in high 

9 skill, high wage, or high demand occupations— 

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

11 aligned with challenging academic content 

12 standards and student academic achieve13 ment standards adopted by the State 

14 under section 1111(b)(1) of the Elemen15 tary and Secondary Education Act of 

16 1965; and 

17 ‘‘(ii) at the postsecondary level that 

18 are challenging and aligned with business 

19 needs and industry standards, as appro20 priate; 

21 ‘‘(B) improve the academic and technical 

22 skills of students participating in career and 

23 technical education programs, including 

24 strengthening the academic, and career and 

25 technical, components of career and technical 
61

•S 2686 IS 

1 education programs through the integration of 

2 academics with career and technical education 

3 to ensure learning in the core academic subjects 

4 and career and technical education subjects, 

5 and provide students with strong experience in, 

6 and understanding of, all aspects of an indus7 try; 

8 ‘‘(C) ensure that students who participate 

9 in such career and technical education pro10 grams are taught to the same challenging aca11 demic proficiencies as are taught to all other 

12 students; and 

13 ‘‘(D) encourage secondary school students 

14 who participate in such career and technical 

15 education programs to enroll in challenging 

16 courses in core academic subjects; 

17 ‘‘(8) describes how the eligible agency will an18 nually evaluate the effectiveness of such career and 

19 technical education programs, and describes, to the 

20 extent practicable, how the eligible agency is coordi21 nating such programs to promote relevant lifelong 

22 learning and ensure nonduplication with other exist23 ing Federal programs; 

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

25 strategies for special populations, including a de-
62

•S 2686 IS 

1 scription of how individuals who are members of the 

2 special populations— 

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

4 activities assisted under this title; 

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

6 the basis of their status as members of the spe7 cial populations; and 

8 ‘‘(C) will be provided with programs de9 signed to enable the special populations to meet 

10 or exceed State adjusted levels of performance, 

11 and prepare special populations for further 

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

13 demand occupations; 

14 ‘‘(10) how the eligible agency will collaborate in 

15 developing the State plan with— 

16 ‘‘(A) the entity within the State with re17 sponsibility for elementary and secondary edu18 cation; 

19 ‘‘(B) the entity within the State with re20 sponsibility for public institutions engaged in 

21 postsecondary education; 

22 ‘‘(C) State institutions such as State cor23 rectional institutions and institutions that serve 

24 individuals with disabilities; and
63

•S 2686 IS 

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

2 responsibility for career and technical education 

3 and training and workforce development; 

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

5 will take to involve representatives of eligible recipi6 ents in the development of the State adjusted levels 

7 of performance; 

8 ‘‘(12) provides assurances that the eligible 

9 agency will comply with the requirements of this 

10 title and the provisions of the State plan, including 

11 the provision of a financial audit of funds received 

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

13 audit of other Federal or State programs; 

14 ‘‘(13) provides assurances that none of the 

15 funds expended under this title will be used to ac16 quire equipment (including computer software) in 

17 any instance in which such acquisition results in a 

18 direct financial benefit to any organization rep19 resenting the interests of the purchasing entity, the 

20 employees of the purchasing entity, or any affiliate 

21 of such an organization; 

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

23 measure and report data relating to students partici24 pating in and completing career and technical edu25 cation within specific career clusters in order to ade-
64

•S 2686 IS 

1 quately measure the progress of the students, includ2 ing special populations, at— 

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

4 the categories described in section 

5 1111(h)(1)(C)(i) of the Elementary and Sec6 ondary Education Act of 1965, except that such 

7 disaggregation shall not be required in a case in 

8 which the number of individuals in a category 

9 is insufficient to yield statistically reliable infor10 mation or the results would reveal personally 

11 identifiable information about an individual; 

12 and 

13 ‘‘(B) the postsecondary level, disaggregated 

14 by special populations and the categories de15 scribed in section 1111(h)(1)(C)(i) of the Ele16 mentary and Secondary Education Act of 1965, 

17 except that such disaggregation shall not be re18 quired in a case in which the number of individ19 uals in a category is insufficient to yield statis20 tically reliable information or the results would 

21 reveal personally identifiable information about 

22 an individual; 

23 ‘‘(15) describes how the eligible agency will ade24 quately address the needs of students in alternative 

25 education programs, if appropriate; 
65

•S 2686 IS 

1 ‘‘(16) describes how the eligible agency will pro2 vide local educational agencies, area career and tech3 nical education schools, and eligible institutions in 

4 the State with technical assistance; 

5 ‘‘(17) describes how career and technical edu6 cation relates to State and regional occupational op7 portunities; 

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

9 joint planning and coordination of programs carried 

10 out under this title with other Federal education 

11 programs; 

12 ‘‘(19) describes how funds will be used to pro13 mote preparation for high skill, high wage, or high 

14 demand occupations and nontraditional fields in 

15 emerging and established professions; 

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

17 individuals in State correctional institutions; 

18 ‘‘(21) describes how the eligible agency will en19 sure that the data reported to the eligible agency 

20 from local educational agencies and eligible institu21 tions under this title and the data the eligible agency 

22 reports to the Secretary are complete, accurate, and 

23 reliable; and 

24 ‘‘(22) contains the description and information 

25 specified in sections 112(b)(8) and 121(c) of the 
66

•S 2686 IS 

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

2 2822(b)(8) and 2841(c)) concerning the provision of 

3 services only for postsecondary students and school 

4 dropouts.’’; 

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

6 following: 

7 ‘‘(d) PLAN OPTIONS.—

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

9 fulfill the plan or application submission require10 ments of this section, section 118(b), and section 

11 141(c) by submitting a single State plan. In such 

12 plan, the eligible agency may allow eligible recipients 

13 to fulfill the plan or application submission require14 ments of section 134 and subsections (a) and (b) of 

15 section 143 by submitting a single local plan. 

16 ‘‘(2) PLAN SUBMITTED AS PART OF 501

17 PLAN.—The eligible agency may submit the plan re18 quired under this section as part of the plan sub19 mitted under section 501 of the Workforce Invest20 ment Act of 1998 (20 U.S.C. 9271), provided that 

21 the plan submitted pursuant to the requirement of 

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

23 and 

24 (6) by striking subsection (f). 
67

•S 2686 IS 

1 SEC. 112. IMPROVEMENT PLANS. 

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

3 follows: 

4 ‘‘SEC. 123. IMPROVEMENT PLANS. 

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

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

7 adjusted levels of performance described in the re8 port submitted under section 113(c), the eligible 

9 agency shall develop and implement a program im10 provement plan in consultation with the appropriate 

11 agencies, individuals, and organizations for the first 

12 program year succeeding the program year in which 

13 the eligible agency failed to meet the State adjusted 

14 levels of performance, in order to avoid a sanction 

15 under paragraph (3). 

16 ‘‘(2) TECHNICAL ASSISTANCE.—If the Sec17 retary determines that an eligible agency is not 

18 properly implementing the eligible agency’s respon19 sibilities under section 122, or is not making sub20 stantial progress in meeting the purpose of this Act, 

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

22 the Secretary shall work with the eligible agency to 

23 implement improvement activities consistent with the 

24 requirements of this Act. 

25 ‘‘(3) FAILURE.—
68

•S 2686 IS 

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

2 fails to meet the State adjusted levels of per3 formance, has not implemented an improvement 

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

5 no improvement within 1 year after imple6 menting an improvement plan as described in 

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

8 adjusted levels of performance for 2 or more 

9 consecutive years, the Secretary may, after no10 tice and opportunity for a hearing, withhold 

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

12 eligible agency’s allotment under this title. 

13 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR14 CUMSTANCES.—The Secretary may waive the 

15 sanction in subparagraph (A) due to exceptional 

16 or uncontrollable circumstances such as a nat17 ural disaster or a precipitous and unforeseen 

18 decline in financial resources of the State. 

19 ‘‘(4) FUNDS RESULTING FROM REDUCED AL20 LOTMENTS.— 

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

22 use funds withheld under paragraph (3) for a 

23 State served by an eligible agency, to provide 

24 (through alternative arrangements) services and 
69

•S 2686 IS 

1 activities within the State to meet the purposes 

2 of this Act. 

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

4 cannot satisfactorily use funds withheld under 

5 paragraph (3), then the amount of funds re6 tained by the Secretary as a result of a reduc7 tion in an allotment made under paragraph (3) 

8 shall be redistributed to other eligible agencies 

9 in accordance with section 111. 

10 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 

11 ‘‘(1) LOCAL EVALUATION.—Each eligible agen12 cy shall evaluate annually, using the local adjusted 

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

14 the career and technical education activities of each 

15 eligible recipient receiving funds under this title. 

16 ‘‘(2) PLAN.— 

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

18 evaluation, the eligible agency determines that 

19 an eligible recipient is not making substantial 

20 progress in achieving the local adjusted levels of 

21 performance, the eligible agency shall— 

22 ‘‘(i) conduct an assessment of the 

23 educational needs that the eligible recipient 

24 shall address to overcome local perform-
70

•S 2686 IS 

1 ance deficiencies, including the perform2 ance of special populations; 

3 ‘‘(ii) enter into an improvement plan 

4 with an eligible recipient based on the re5 sults of the assessment, for the first pro6 gram year succeeding the program year in 

7 which the eligible recipient failed to meet 

8 the local adjusted levels of performance, 

9 which plan shall demonstrate how the local 

10 performance deficiencies will be corrected 

11 and include instructional and other pro12 grammatic innovations of demonstrated ef13 fectiveness, and where necessary, strategies 

14 for appropriate staffing and professional 

15 development; and 

16 ‘‘(iii) conduct regular evaluations of 

17 the progress being made toward reaching 

18 the local adjusted levels of performance, as 

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

20 progress on implementing the improvement 

21 plan. 

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

23 shall conduct the activities described in sub24 paragraph (A) in consultation with teachers, 

25 principals, administrators, faculty, parents, 
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•S 2686 IS 

1 other school staff, appropriate agencies, and 

2 other appropriate individuals and organizations. 

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

4 agency determines that an eligible recipient is not 

5 properly implementing the eligible recipient’s respon6 sibilities under section 134, or is not making sub7 stantial progress in meeting the purpose of this Act, 

8 based on the local adjusted levels of performance, 

9 the eligible agency shall provide technical assistance 

10 to the eligible recipient to assist the eligible recipient 

11 in carrying out the improvement activities consistent 

12 with the requirements of this Act. An eligible recipi13 ent, in collaboration with the eligible agency, may re14 quest that the Secretary provide additional technical 

15 assistance. 

16 ‘‘(4) FAILURE.— 

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

18 fails to meet the local adjusted levels of per19 formance as described in section 113(b)(4) and 

20 has not implemented an improvement plan as 

21 described in paragraph (2), has shown no im22 provement within 1 year after implementing an 

23 improvement plan as described in paragraph 

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

25 local adjusted levels of performance for 2 or 
72

•S 2686 IS 

1 more consecutive years, the eligible agency may, 

2 after notice and opportunity for a hearing, 

3 withhold from the eligible recipient all, or a por4 tion of, the eligible recipient’s allotment under 

5 this title. 

6 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR7 CUMSTANCES.—The eligible agency may waive 

8 the sanction under this paragraph due to excep9 tional or uncontrollable circumstances such as 

10 organizational structure, or a natural disaster 

11 or a precipitous and unforeseen decline in fi12 nancial resources of the eligible recipient. 

13 ‘‘(5) FUNDS RESULTING FROM REDUCED AL14 LOTMENTS.—The eligible agency shall use funds 

15 withheld under paragraph (4) to provide (through 

16 alternative arrangements) services and activities to 

17 students within the area served by such recipient to 

18 meet the purpose of this Act.’’. 

19 SEC. 113. STATE LEADERSHIP ACTIVITIES. 

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

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

22 appears and inserting ‘‘career’’; 

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

24 and inserting ‘‘112(a)(2)(A)’’; 

25 (3) in subsection (b)—
73

•S 2686 IS 

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

2 learning’’ and all that follows through the semi3 colon and inserting ‘‘further education, further 

4 training, or for high skill, high wage, or high 

5 demand occupations;’’; 

6 (B) in paragraph (2), by striking subpara7 graphs (A) through (C) and inserting the fol8 lowing: 

9 ‘‘(A) training of career and technical edu10 cation teachers, faculty, principals, career guid11 ance and academic counselors, and administra12 tors to use technology, including distance learn13 ing; 

14 ‘‘(B) encouraging schools to work with 

15 technology industries to offer voluntary intern16 ships and mentoring programs; or 

17 ‘‘(C) encouraging lifelong learning, includ18 ing through partnerships that may involve insti19 tutions of higher education, organizations pro20 viding career and technical education, busi21 nesses, and communications entities;’’; 

22 (C) by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) professional development programs, includ25 ing providing comprehensive professional develop-
74

•S 2686 IS 

1 ment (including initial teacher preparation) for ca2 reer and technical education teachers, faculty, prin3 cipals, administrators, and career guidance and aca4 demic counselors at the secondary and postsecondary 

5 levels, that support activities described in section 

6 122 and— 

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

8 training in career and technical education pro9 grams and techniques, effective teaching skills 

10 based on promising practices and, where avail11 able and appropriate, scientifically based re12 search, and effective practices to improve pa13 rental and community involvement; 

14 ‘‘(B) improve student achievement in order 

15 to meet the State adjusted levels of perform16 ance established under section 113; 

17 ‘‘(C) support education programs for 

18 teachers and faculty of career and technical 

19 education in public schools and other public 

20 school personnel who are involved in the direct 

21 delivery of educational services to career and 

22 technical education students to ensure that 

23 such personnel— 

24 ‘‘(i) stay current with the needs, ex25 pectations, and methods of industry; 
75

•S 2686 IS 

1 ‘‘(ii) can effectively develop chal2 lenging, integrated academic and career 

3 and technical education curriculum jointly 

4 with academic teachers, to the extent prac5 ticable; and 

6 ‘‘(iii) develop a higher level of aca7 demic and industry knowledge and skills in 

8 career and technical education; and 

9 ‘‘(D) are integrated with the teacher cer10 tification or licensing and professional develop11 ment activities that the State carries out under 

12 title II of the Elementary and Secondary Edu13 cation Act of 1965 and title II of the Higher 

14 Education Act of 1965;’’; 

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

16 for’’ and inserting ‘‘supporting’’; 

17 (E) in paragraph (5), by striking ‘‘non18 traditional training and employment’’ and in19 serting ‘‘nontraditional fields in emerging and 

20 established professions, and other activities that 

21 expose students, including special populations, 

22 to high skill, high wage occupations’’; 

23 (F) in paragraph (6)—

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

25 ‘‘labor organizations,’’; and 
76

•S 2686 IS 

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

2 pathways, as described in section 

3 122(c)(1)(A)’’ after ‘‘skills’’; 

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

5 after the semicolon; 

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

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

8 occupations; and’’; and 

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

10 ‘‘(9) technical assistance for eligible recipi11 ents.’’; 

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

13 following: 

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

15 activities described in subsection (a) may include—

16 ‘‘(1) improvement of career guidance and aca17 demic counseling programs that assist students in 

18 making informed academic, and career and technical 

19 education, decisions, including encouraging sec20 ondary and postsecondary students to graduate with 

21 a diploma or degree, and expose students to high 

22 skill, high wage occupations and nontraditional fields 

23 in emerging and established professions; 

24 ‘‘(2) establishment of agreements, including ar25 ticulation agreements, between secondary and post-
77

•S 2686 IS 

1 secondary career and technical education programs 

2 in order to provide postsecondary education and 

3 training opportunities for students participating in 

4 such career and technical education programs, such 

5 as tech-prep programs; 

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

7 organizations, especially with respect to efforts to in8 crease the participation of students who are mem9 bers of special populations; 

10 ‘‘(4) support for public charter schools oper11 ating secondary career and technical education pro12 grams; 

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

14 programs that offer experience in, and under15 standing of, all aspects of an industry for which stu16 dents are preparing to enter; 

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

18 programs; 

19 ‘‘(7) support for partnerships between edu20 cation and business or business intermediaries, in21 cluding cooperative education and adjunct faculty 

22 arrangements at the secondary and postsecondary 

23 levels; 

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

25 and technical education courses and initiatives, in-
78

•S 2686 IS 

1 cluding career clusters, career academies, and dis2 tance learning, that prepare individuals academically 

3 and technically for high skill, high wage, or high de4 mand occupations; 

5 ‘‘(9) awarding incentive grants to eligible recipi6 ents for exemplary performance in carrying out pro7 grams under this Act, which awards shall be based 

8 on local performance indicators, as described in sec9 tion 113, in accordance with previously publicly dis10 closed priorities; 

11 ‘‘(10) providing career and technical education 

12 programs for adults and school dropouts to complete 

13 their secondary school education; 

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

15 have participated in services and activities under 

16 this title, in finding an appropriate job and con17 tinuing their education or training through collabo18 ration with the workforce investment system estab19 lished under the Workforce Investment Act of 1998 

20 (29 U.S.C. 2801 et seq.); 

21 ‘‘(12) developing valid and reliable assessments 

22 of technical skills that are integrated with industry 

23 certification assessments where available;
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•S 2686 IS 

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

2 collect and analyze data on secondary and postsec3 ondary academic and employment outcomes; 

4 ‘‘(14) improving—

5 ‘‘(A) the recruitment and retention of ca6 reer and technical education teachers, faculty, 

7 principals, administrators, and career guidance 

8 and academic counselors, including individuals 

9 in groups underrepresented in the teaching pro10 fession; and 

11 ‘‘(B) the transition to teaching from busi12 ness and industry, including small business; and 

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

14 self-sufficiency standard.’’; and 

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

16 and inserting ‘‘112(a)(2)(A)’’. 

17 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY 

18 SCHOOL PROGRAMS. 

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

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

21 appears and inserting ‘‘career’’; 

22 (2) by striking subsection (a); 

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

24 as subsections (a) through (h), respectively; 
80

•S 2686 IS 

1 (4) in subsection (a) (as redesignated by para2 graph (3) of this section)—

3 (A) in the subsection heading, by striking 

4 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC5 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS6 TRIBUTION RULES’’; and 

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

8 succeeding fiscal years’’; 

9 (5) in subsection (b) (as redesignated by para10 graph (3) of this section)—

11 (A) by striking ‘‘subsection (b)’’ and in12 serting ‘‘subsection (a)’’; and 

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

14 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’; 

15 (6) in subsection (e) (as redesignated by para16 graph (3) of this section), in the subsection heading, 

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

18 and 

19 (7) in subsection (g) (as redesignated by para20 graph (3) of this section), by striking ‘‘subsections 

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

22 (b), and (c)’’. 
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•S 2686 IS 

1 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY 

2 CAREER AND TECHNICAL EDUCATION PRO3 GRAMS. 

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

5 the section heading and inserting the following: 

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

7 CAREER AND TECHNICAL EDUCATION PRO8 GRAMS.’’. 

9 SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL 

10 EDUCATION. 

11 Section 133 (20 U.S.C. 2353) is amended—

12 (1) by striking the section heading and insert13 ing the following: 

14 ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL 

15 EDUCATION.’’; 

16 and 

17 (2) by striking ‘‘vocational’’ each place such 

18 term appears and inserting ‘‘career’’. 

19 SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDU20 CATION PROGRAMS. 

21 Section 134 (20 U.S.C. 2354) is amended—

22 (1) by striking the section heading and insert23 ing the following: 

24 ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDU25 CATION PROGRAMS.’’; 

26 and 
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1 (2) in subsection (b), by striking paragraphs 

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

3 ‘‘(1) describe how the career and technical edu4 cation programs required under section 135(b) will 

5 be carried out with funds received under this title; 

6 ‘‘(2) describe how the career and technical edu7 cation activities will be carried out with respect to 

8 meeting State and local adjusted levels of perform9 ance established under section 113; 

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

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

12 less than 1 of the career pathways described in 

13 section 122(c)(1)(A); 

14 ‘‘(B) improve the academic and technical 

15 skills of students participating in career and 

16 technical education programs by strengthening 

17 the academic and career and technical edu18 cation components of such programs through 

19 the integration of challenging academics with 

20 career and technical education programs 

21 through a coherent sequence of courses to en22 sure learning in the core academic subjects, and 

23 career and technical education subjects; 
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1 ‘‘(C) provide students with strong experi2 ence in and understanding of all aspects of an 

3 industry; and 

4 ‘‘(D) ensure that students who participate 

5 in such career and technical education pro6 grams are taught to the same challenging aca7 demic proficiencies as are taught for all other 

8 students; 

9 ‘‘(4) describe how comprehensive professional 

10 development will be provided that is consistent with 

11 section 122; 

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

13 and career and technical education teachers, faculty, 

14 principals, administrators, career guidance and aca15 demic counselors, representatives of tech-prep con16 sortia (if applicable), representatives of business (in17 cluding small business) and industry, labor organiza18 tions, representatives of special populations, and 

19 other interested individuals are involved in the devel20 opment, implementation, and evaluation of career 

21 and technical education programs assisted under 

22 this title, and how such individuals and entities are 

23 effectively informed about, and assisted in, under24 standing, the requirements of this title, including ca25 reer pathways;
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1 ‘‘(6) provide assurances that the eligible recipi2 ent will provide a career and technical education 

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

4 bring about improvement in the quality of career 

5 and technical education programs; 

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

7 evaluate and continuously improve the performance 

8 of the eligible recipient; 

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

10 ‘‘(A) will review career and technical edu11 cation programs, and identify and adopt strate12 gies to overcome barriers that result in lowering 

13 rates of access to or lowering success in the 

14 programs, for special populations; and 

15 ‘‘(B) will provide programs that are de16 signed to enable the special populations to meet 

17 the local adjusted levels of performance and 

18 prepare for high skill, high wage, or high de19 mand occupations, including those that will lead 

20 to self-sufficiency; 

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

22 of special populations will not be discriminated 

23 against on the basis of their status as members of 

24 the special populations; 
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1 ‘‘(10) describe how funds will be used to pro2 mote preparation for nontraditional fields; 

3 ‘‘(11) describe how career guidance and aca4 demic counseling will be provided to all career and 

5 technical education students; and 

6 ‘‘(12) describe efforts to improve the recruit7 ment and retention of career and technical education 

8 teachers, faculty, counselors, principals, and admin9 istrators, including individuals in groups underrep10 resented in the teaching profession, and the transi11 tion to teaching from business and industry.’’. 

12 SEC. 118. LOCAL USES OF FUNDS. 

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

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

15 and inserting ‘‘career’’; 

16 (2) in subsection (b)—

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

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

19 and 

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

21 and inserting the following: 

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

23 technical education skills of students participating in 

24 career and technical education programs by 

25 strengthening the academic and career and technical 
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1 education components of such programs through the 

2 integration of academics with career and technical 

3 education programs through a coherent sequence of 

4 courses, such as career pathways described in sec5 tion 122(c)(1)(A), to ensure learning in the core 

6 academic subjects and career and technical edu7 cation subjects; 

8 ‘‘(2) link secondary career and technical edu9 cation and postsecondary career and technical edu10 cation, including by—

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

12 less than 1 career pathway described in section 

13 122(c)(1)(A); 

14 ‘‘(B) developing and supporting articula15 tion agreements between secondary and postsec16 ondary institutions; or 

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

18 consortia; 

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

20 and understanding of all aspects of an industry; 

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

22 technology in career and technical education, which 

23 may include— 

24 ‘‘(A) training of career and technical edu25 cation teachers, faculty, principals, and admin-
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1 istrators to use technology, including distance 

2 learning; or 

3 ‘‘(B) encouraging schools to collaborate 

4 with technology industries to offer voluntary in5 ternships and mentoring programs; 

6 ‘‘(5) provide professional development programs 

7 that are consistent with section 122 to secondary 

8 and postsecondary teachers, faculty, principals, ad9 ministrators, and career guidance and academic 

10 counselors who are involved in integrated career and 

11 technical education programs, including— 

12 ‘‘(A) in-service and pre-service training—

13 ‘‘(i) in career and technical education 

14 programs and techniques; 

15 ‘‘(ii) in effective integration of chal16 lenging academic and career and technical 

17 education jointly with academic teachers, 

18 to the extent practicable; 

19 ‘‘(iii) in effective teaching skills based 

20 on research that includes promising prac21 tices; and 

22 ‘‘(iv) in effective practices to improve 

23 parental and community involvement; 
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1 ‘‘(B) support of education programs that 

2 provide information on all aspects of an indus3 try; 

4 ‘‘(C) internship programs that provide rel5 evant business experience; and 

6 ‘‘(D) programs dedicated to the effective 

7 use of instructional technology; 

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

9 career and technical education programs carried out 

10 with funds under this title, including an assessment 

11 of how the needs of special populations are being 

12 met; 

13 ‘‘(7) initiate, improve, expand, and modernize 

14 quality career and technical education programs, in15 cluding relevant technology; 

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

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

18 ‘‘(9) provide activities to prepare special popu19 lations, including single parents and displaced home20 makers, for high skill, high wage, or high demand 

21 occupations, including those that will lead to self22 sufficiency.’’; and 

23 (3) in subsection (c)—

24 (A) in paragraph (1), by striking ‘‘voca25 tional’’ and inserting ‘‘career’’; and
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1 (B) by striking paragraphs (2) through 

2 (15) and inserting the following: 

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

4 counseling that is based on current labor market in5 dicators, as provided pursuant to section 118, for 

6 students participating in career and technical edu7 cation programs that— 

8 ‘‘(A) improves graduation rates and pro9 vides information on postsecondary and career 

10 options for secondary students, which activities 

11 may include the use of graduation and career 

12 plans; and 

13 ‘‘(B) provides assistance for postsecondary 

14 students, including for adult students who are 

15 changing careers or updating skills; 

16 ‘‘(3) for partnerships between the eligible recipi17 ent and businesses, including small businesses and 

18 business intermediaries, including for— 

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

20 such as internships, cooperative education, 

21 school-based enterprises, entrepreneurship, and 

22 job shadowing that are related to career and 

23 technical education programs; 

24 ‘‘(B) adjunct faculty arrangements at the 

25 secondary and postsecondary levels; and 
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1 ‘‘(C) industry experience for teachers and 

2 faculty; 

3 ‘‘(4) to provide programs for special popu4 lations; 

5 ‘‘(5) to assist career and technical student orga6 nizations; 

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

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

9 adapting instructional equipment; 

10 ‘‘(8) for teacher preparation programs that ad11 dress the integration of academic and career and 

12 technical education and that assist individuals who 

13 are interested in becoming career and technical edu14 cation teachers and faculty, including individuals 

15 with experience in business and industry; 

16 ‘‘(9) to develop and expand postsecondary pro17 gram offerings at times and in formats that are con18 venient and accessible for working students, includ19 ing through the use of distance education; 

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

21 and technical education courses, including develop22 ment of new career pathways; 

23 ‘‘(11) to develop and support small, personal24 ized career-themed learning communities; 
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1 ‘‘(12) to provide support for family and con2 sumer sciences programs; 

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

4 programs for adults and school dropouts to complete 

5 their secondary school education or upgrade their 

6 technical skills; 

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

8 have participated in services and activities under 

9 this title in finding an appropriate job and con10 tinuing their education or training through collabo11 ration with the workforce investment system estab12 lished under the Workforce Investment Act of 1998 

13 (29 U.S.C. 2801 et seq.); 

14 ‘‘(15) to support activities in nontraditional 

15 fields, such as mentoring and outreach; and 

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

17 education activities that are consistent with the pur18 pose of this Act.’’. 

19 SEC. 119. TECH-PREP EDUCATION. 

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

21 seq.) is amended—

22 (1) by striking the title heading and inserting 

23 the following: 
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1 ‘‘PART D—TECH-PREP EDUCATION’’; 

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

3 and 

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

5 and 208, as sections 141, 142, 143, and 144, re6 spectively. 

7 (b) STATE ALLOTMENT AND APPLICATION.—Section 

8 141 (as redesignated by subsection (a) of this section) is 

9 amended—

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

11 and inserting ‘‘section 144’’; and 

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

13 following: 

14 ‘‘(c) STATE APPLICATION.—Each eligible agency de15 siring assistance under this part shall submit an applica16 tion to the Secretary at such time, in such manner, and 

17 accompanied by such information as the Secretary may 

18 require. Such application shall describe how activities 

19 under this part will be coordinated, to the extent prac20 ticable, with activities described in section 122.’’. 

21 (c) TECH-PREP EDUCATION.—Section 142 (as redes22 ignated by subsection (a) of this section) is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (1)—

25 (i) by striking ‘‘section 203’’ and in26 serting ‘‘section 141’’; 
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1 (ii) by striking ‘‘title’’ and inserting 

2 ‘‘part’’; 

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

4 places the term appears and inserting ‘‘ca5 reer’’; and 

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

7 ‘‘, educational service agency,’’ after ‘‘in8 termediate educational agency’’; and 

9 (B) in paragraph (2)—

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

11 ‘‘and’’; 

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

13 the period at the end and inserting a semi14 colon; and 

15 (iii) by adding at the end the fol16 lowing: 

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

18 or business intermediaries; and 

19 ‘‘(D) labor organizations.’’; 

20 (2) in subsection (c)—

21 (A) by striking paragraph (2) and insert22 ing the following: 

23 ‘‘(2) consist of not less than 2 years of sec24 ondary school with a common core of technical skills 

25 and core academic subjects preceding graduation
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1 and 2 years or more of higher education, or an ap2 prenticeship program of not less than 2 years fol3 lowing secondary instruction, designed to lead to 

4 technical skill proficiency, a credential, a certificate, 

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

6 (B) in paragraph (3)(B), by inserting ‘‘in7 cluding through the use of articulation agree8 ments, and’’ after ‘‘career fields,’’; 

9 (C) by striking paragraph (4) and insert10 ing the following: 

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

12 for teachers, faculty, principals, and administrators 

13 that—

14 ‘‘(A) supports effective implementation of 

15 tech-prep programs; 

16 ‘‘(B) supports joint training in the tech17 prep consortium; 

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

19 methods of business and all aspects of an in20 dustry; 

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

22 applied curricula, instruction, and assessment; 

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

24 technology; and 
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1 ‘‘(F) assists in accessing and utilizing 

2 data, including labor market indicators, achieve3 ment, and assessments;’’; 

4 (D) in paragraph (5)—

5 (i) by striking ‘‘training’’ and insert6 ing ‘‘professional development’’; 

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

8 ‘‘, which may include through the use of 

9 graduation and career plans’’ after ‘‘pro10 grams’’; 

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

12 ‘‘and’’; 

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

14 ‘‘and’’ after the semicolon; and 

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

16 ‘‘(F) provide comprehensive career guid17 ance and academic counseling to participating 

18 students, including special populations;’’; 

19 (E) in paragraph (6)—

20 (i) by inserting ‘‘(including pre-ap21 prenticeship programs)’’ after ‘‘programs’’; 

22 and 

23 (ii) by striking ‘‘and’’ after the semi24 colon; 
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1 (F) in paragraph (7), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(8) coordinate with activities conducted under 

5 title I.’’; and 

6 (3) in subsection (d)—

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

8 after the semicolon; 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting a semicolon; and 

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

12 ‘‘(4) improve career guidance and academic 

13 counseling for participating students through the de14 velopment and implementation of graduation and ca15 reer plans; and 

16 ‘‘(5) develop curriculum that supports effective 

17 transitions between secondary and postsecondary ca18 reer and technical education programs.’’. 

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

20 redesignated by subsection (a) of this section) is amend21 ed—

22 (1) in subsection (a), by striking ‘‘title’’ and in23 serting ‘‘part’’; 

24 (2) in subsection (b)—

25 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and 
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1 (B) by striking ‘‘title’’ and inserting 

2 ‘‘part’’; 

3 (3) in subsection (d)—

4 (A) in paragraph (1), by inserting ‘‘or ad5 vanced’’ after ‘‘baccalaureate’’; 

6 (B) by striking paragraph (4) and insert7 ing the following: 

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

9 skills, including emerging technology, in which there 

10 are significant workforce shortages based on the 

11 data provided by the entity in the State under sec12 tion 118;’’; 

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

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

16 ‘‘(6) demonstrate success in, or provide assur17 ances of, coordination and integration with eligible 

18 recipients described in part C.’’; and 

19 (4) in subsection (e), by striking ‘‘title’’ and in20 serting ‘‘part’’. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 144 (as redesignated by subsection (a) of this section) is 

23 amended—

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

25 and inserting ‘‘part’’; and 
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1 (2) by striking ‘‘1999 and each of the 4’’ and 

2 inserting ‘‘2005 and each of the 5’’. 

3 TITLE II—GENERAL PROVISIONS 

4 SEC. 201. REDESIGNATION OF TITLE. 

5 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title 

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

7 sections 311 through 318 as sections 211 through 218, 

8 respectively. 

9 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III 

10 (20 U.S.C. 2391 et seq.) is amended by redesignating sec11 tions 321 through 325 as sections 221 through 225, re12 spectively. 

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

14 (20 U.S.C. 2391 et seq.) is amended to read as follows: 

15 ‘‘TITLE II—GENERAL 

16 PROVISIONS’’. 

17 SEC. 202. FISCAL REQUIREMENTS. 

18 Section 211 (as redesignated by section 201 of this 

19 Act) is amended—

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

21 appears and inserting ‘‘career’’; and 

22 (2) in subsection (b)—

23 (A) by striking paragraph (1) and insert24 ing the following: 

25 ‘‘(1) DETERMINATION.—
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1 ‘‘(A) IN GENERAL.—Except as provided in 

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

3 be made under this Act for any fiscal year to 

4 a State for career and technical education pro5 grams or tech-prep programs unless the Sec6 retary determines that the average fiscal effort 

7 per student or the aggregate expenditures of 

8 such State for career and technical education 

9 programs for the 3 fiscal years preceding the 

10 fiscal year for which the determination is made, 

11 equaled or exceeded such effort or expenditures 

12 for career and technical education programs, 

13 for the 3 fiscal years preceding the fiscal year 

14 for which the determination is made. 

15 ‘‘(B) COMPUTATION.—In computing the 

16 average fiscal effort or aggregate expenditures 

17 pursuant to subparagraph (A), the Secretary 

18 shall exclude capital expenditures, special one19 time project costs, and the cost of pilot pro20 grams. 

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

22 If the amount made available for career and 

23 technical education programs under this Act for 

24 a fiscal year is less than the amount made 

25 available for career and technical education pro-
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1 grams under this Act for the preceding fiscal 

2 year, then the average fiscal effort per student 

3 or the aggregate expenditures of a State re4 quired by subparagraph (A) for the 3 preceding 

5 fiscal years shall be decreased by the same per6 centage as the percentage decrease in the 

7 amount so made available.’’; and 

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

9 effort’’ both places the term appears and insert10 ing ‘‘average fiscal effort’’. 

11 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION. 

12 Section 214 (as redesignated by section 201 of this 

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

14 term appears and inserting ‘‘career’’. 

15 SEC. 204. LIMITATION FOR CERTAIN STUDENTS. 

16 Section 215 (as redesignated by section 201 of this 

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

18 ‘‘career’’. 

19 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION 

20 OF PRIVATE SCHOOL PERSONNEL. 

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

22 this Act) is amended—

23 (1) by striking section 217; 

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

25 and 
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1 (3) in section 217 (as redesignated by para2 graph (2) of this section)—

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

4 vocational and technical education teachers,’’; 

5 (B) by inserting ‘‘principals,’’ after ‘‘of vo6 cational and technical education teachers,’’; and 

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

8 term appears and inserting ‘‘career’’. 

9 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL 

10 PROGRAMS. 

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

12 Act) is amended—

13 (1) in the subsection heading, by striking ‘‘VO14 CATIONAL’’ and inserting ‘‘CAREER’’; and 

15 (2) by striking ‘‘vocational’’ both places the 

16 term appears and inserting ‘‘career’’. 

17 SEC. 207. TABLE OF CONTENTS. 

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

19 read as follows: 

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

21 for this Act is as follows:

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

‘‘Sec. 2. Purpose. 

‘‘Sec. 3. Definitions. 

‘‘Sec. 4. Transition provisions. 

‘‘Sec. 5. Privacy. 

‘‘Sec. 6. Limitation. 

‘‘Sec. 7. Special rule. 

‘‘Sec. 8. Authorization of appropriations. 
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‘‘TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO 

THE STATES 

‘‘PART A—ALLOTMENT AND ALLOCATION

‘‘Sec. 111. Reservations and State allotment. 

‘‘Sec. 112. Within State allocation. 

‘‘Sec. 113. Accountability. 

‘‘Sec. 114. National activities. 

‘‘Sec. 115. Assistance for the outlying areas. 

‘‘Sec. 116. Native American program. 

‘‘Sec. 117. Tribally controlled postsecondary career and technical institutions. 

‘‘Sec. 118. Occupational and employment information. 

‘‘PART B—STATE PROVISIONS

‘‘Sec. 121. State administration. 

‘‘Sec. 122. State plan. 

‘‘Sec. 123. Improvement plans. 

‘‘Sec. 124. State leadership activities. 

‘‘PART C—LOCAL PROVISIONS

‘‘Sec. 131. Distribution of funds to secondary school programs. 

‘‘Sec. 132. Distribution of funds for postsecondary career and technical education programs. 

‘‘Sec. 133. Special rules for career and technical education. 

‘‘Sec. 134. Local plan for career and technical education programs. 

‘‘Sec. 135. Local uses of funds. 

‘‘PART D—TECH-PREP EDUCATION

‘‘Sec. 141. State allotment and application. 

‘‘Sec. 142. Tech-prep education. 

‘‘Sec. 143. Consortium applications. 

‘‘Sec. 144. Authorization of appropriations. 

‘‘TITLE II—GENERAL PROVISIONS 

‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS

‘‘Sec. 211. Fiscal requirements. 

‘‘Sec. 212. Authority to make payments. 

‘‘Sec. 213. Construction. 

‘‘Sec. 214. Voluntary selection and participation. 

‘‘Sec. 215. Limitation for certain students. 

‘‘Sec. 216. Federal laws guaranteeing civil rights. 

‘‘Sec. 217. Participation of private school personnel. 

‘‘PART B—STATE ADMINISTRATIVE PROVISIONS

‘‘Sec. 221. Joint funding. 

‘‘Sec. 222. Prohibition on use of funds to induce out-of-State relocation of businesses. 

‘‘Sec. 223. State administrative costs. 
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‘‘Sec. 224. Limitation on Federal regulations. 

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

Æ