II 

Calendar No. 759 

108TH CONGRESS 

2D SESSION S. 2686 

[Report No. 108–384] 

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, Mrs. CLINTON, Mr. DEWINE, Mr. HARKIN, Mr. ROBERTS, 

Mr. REID, and Mr. BURNS) introduced the following bill; which was read 

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

Pensions 

OCTOBER 4, 2004 

Reported by Mr. GREGG, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 
2 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Carl D. Perkins Career and Technical Education Im4 provement Act of 2004’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

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. 
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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.). 

9 SEC. 3. PURPOSE. 

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

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

12 appears and inserting ‘‘career’’; 

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

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

15 students in meeting such standards, especially in 

16 preparation for high skill, high wage, or high de17 mand occupations in emerging or established profes18 sions’’; 

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

20 after ‘‘integrate’’; 

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

22 the semicolon; 

23 (5) in paragraph (4)— 

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

25 ‘‘disseminating national’’; 
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•S 2686 RS 

1 (B) by inserting ‘‘disseminating informa2 tion on best practices,’’ after ‘‘national re3 search,’’; and 

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

5 inserting a semicolon; and 

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

7 ‘‘(5) promoting leadership and professional de8 velopment at the State and local levels, and devel9 oping research and best practices for improving the 

10 quality of career and technical education teachers, 

11 faculty, principals, administrators, and counselors; 

12 ‘‘(6) supporting partnerships among secondary 

13 schools, postsecondary institutions, area career tech14 nical centers, business and industry, professional as15 sociations, and intermediaries; and 

16 ‘‘(7) developing a highly skilled workforce need17 ed to keep America competitive in the global econ18 omy in conjunction with other Federal education and 

19 training programs, including workforce investment 

20 programs, that provide lifelong learning for the 

21 workforce of today and tomorrow.’’. 

22 SEC. 4. DEFINITIONS. 

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

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

25 employment statistics and information relating to 
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1 national, regional, and local labor market areas, as 

2 provided pursuant to section 118, and career ladder 

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

4 (2) in paragraph (3)— 

5 (A) in the paragraph heading, by striking 

6 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and 

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

8 term appears and inserting ‘‘career’’; 

9 (3) by striking paragraph (4); 

10 (4) by redesignating paragraphs (5) through 

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

12 (5) by inserting after paragraph (3) the fol13 lowing: 

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

15 ‘articulation agreement’ means a written commit16 ment, approved annually by the relevant administra17 tors of the secondary and postsecondary institutions, 

18 to a program that is designed to provide students 

19 with a nonduplicative sequence of progressive 

20 achievement leading to technical skill proficiency, a 

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

22 through credit transfer agreements. 

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

24 The term ‘career and technical education’ means or25 ganized educational activities that— 
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1 ‘‘(A) offer a sequence of courses (which 

2 may include technical learning experiences) 

3 that— 

4 ‘‘(i) provides individuals with the chal5 lenging academic and technical knowledge 

6 and skills the individuals need to prepare 

7 for further education and for careers in 

8 emerging and established professions; and 

9 ‘‘(ii) may lead to technical skill pro10 ficiency, a credential, a certificate, or a de11 gree; and 

12 ‘‘(B) include competency-based applied 

13 learning that contributes to the academic 

14 knowledge, higher-order reasoning and problem15 solving skills, work attitudes, general employ16 ability skills, technical skills, and occupation17 specific skills, of an individual. 

18 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU19 DENT.—The term ‘career and technical education 

20 student’ means a student who enrolls in a clearly de21 fined sequence of career and technical education 

22 courses leading to attainment of technical skill pro23 ficiency, a credential, a certificate, or a degree. 

24 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGA25 NIZATION.— 
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1 ‘‘(A) IN GENERAL.—The term ‘career and 

2 technical student organization’ means an orga3 nization for individuals enrolled in a career and 

4 technical education program that engages in ca5 reer and technical education activities as an in6 tegral part of the instructional program. 

7 ‘‘(B) STATE AND NATIONAL UNITS.—An 

8 organization described in subparagraph (A) 

9 may have State and national units that aggre10 gate the work and purposes of instruction in ca11 reer and technical education at the local level. 

12 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN13 SELING.—The term ‘career guidance and academic 

14 counseling’ means providing access to information 

15 regarding career awareness and planning with re16 spect to an individual’s occupational and academic 

17 future that shall involve guidance and counseling 

18 with respect to career options, financial aid, and 

19 postsecondary options. 

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

21 pathway’ means a coordinated and nonduplicative 

22 sequence of courses (which may include technical 

23 learning experiences) and associated credits that— 

24 ‘‘(A) shall identify both secondary and 

25 postsecondary education elements; 
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1 ‘‘(B) shall include challenging academic 

2 and career and technical education content; 

3 ‘‘(C) may include the opportunity for sec4 ondary students to participate in dual or con5 current enrollment programs or other ways to 

6 acquire postsecondary credits; and 

7 ‘‘(D) may culminate in technical skill pro8 ficiency, a credential, a certificate, or a de9 gree.’’; 

10 (6) in paragraph (10) (as redesignated by para11 graph (4) of this section), by striking ‘‘5206’’ and 

12 inserting ‘‘5210’’; 

13 (7) by redesignating paragraphs (11) through 

14 (35) (as redesignated by paragraph (4) of this sec15 tion) as paragraphs (12) through (36), respectively; 

16 (8) by inserting after paragraph (10) (as redes17 ignated by paragraph (4) of this section) the fol18 lowing: 

19 ‘‘(11) COMMUNITY COLLEGE.—The term ‘com20 munity college’— 

21 ‘‘(A) means an institution of higher edu22 cation, as defined in section 101 of the Higher 

23 Education Act of 1965, that provides not less 

24 than a 2-year program that is acceptable for 

25 full credit toward a baccalaureate degree; and 
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1 ‘‘(B) includes tribally controlled colleges or 

2 universities.’’; 

3 (9) in paragraph (12) (as redesignated by para4 graph (7) of this section)— 

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

6 and inserting ‘‘method’’; and 

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

8 ‘‘career’’; 

9 (10) by redesignating paragraphs (13) through 

10 (36) (as redesignated by paragraph (7) of this sec11 tion) as paragraphs (14) through (37), respectively; 

12 (11) by inserting after paragraph (12) the fol13 lowing: 

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

15 ‘core academic subjects’ has the meaning given the 

16 term in section 9101 of the Elementary and Sec17 ondary Education Act of 1965, except that under 

18 this Act such subjects included in such term shall be 

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

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

21 paragraph (10) of this section), by striking ‘‘voca22 tional’’ both places the term appears and inserting 

23 ‘‘career’’; 

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

25 paragraph (10) of this section)— 
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1 (A) in subparagraph (A), by striking ‘‘an 

2 institution of higher education’’ and inserting 

3 ‘‘a public or nonprofit private institution of 

4 higher education that offers career and tech5 nical education courses that lead to technical 

6 skill proficiency, an industry-recognized creden7 tial, a certificate, or a degree’’; and 

8 (B) in subparagraph (C), by striking ‘‘vo9 cational’’ and inserting ‘‘career’’; 

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

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

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

13 a public charter school that operates as a local edu14 cational agency), an area career’’; 

15 (15) by redesignating paragraphs (20) through 

16 (37) (as redesignated by paragraph (10) of this sec17 tion) as paragraphs (21) through (38), respectively; 

18 (16) by inserting after paragraph (19) (as re19 designated by paragraph (10) of this section) the 

20 following: 

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

22 term ‘graduation and career plan’ means a written 

23 plan for a secondary career and technical education 

24 student, that— 
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1 ‘‘(A) is developed with career guidance and 

2 academic counseling or other professional staff, 

3 and in consultation with parents, not later than 

4 in the first year of secondary school or upon en5 rollment in career and technical education; 

6 ‘‘(B) is reviewed annually and modified as 

7 needed; 

8 ‘‘(C) includes relevant information on— 

9 ‘‘(i) secondary school requirements for 

10 graduating with a diploma; 

11 ‘‘(ii) postsecondary education admis12 sion requirements; and 

13 ‘‘(iii) high skill, high wage, or high de14 mand occupations and nontraditional fields 

15 in emerging and established professions, 

16 and labor market indicators; and 

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

18 graduation goals, postsecondary education and 

19 training, or employment goals, and identifies 1 

20 or more career pathways that correspond to the 

21 goals.’’; 

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

23 paragraph (15) of this section)— 
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1 (A) in the paragraph heading, by striking 

2 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

3 ‘‘FIELDS’’; and 

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

5 and inserting ‘‘fields’’; 

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

7 paragraph (15) of this section), by striking ‘‘the 

8 Commonwealth’’ and all that follows through the pe9 riod and inserting ‘‘and the Commonwealth of the 

10 Northern Mariana Islands.’’; 

11 (19) by redesignating paragraphs (31) through 

12 (38) (as redesignated by paragraph (15) of this sec13 tion) as paragraphs (32) through (39), respectively; 

14 (20) by inserting after paragraph (30) (as re15 designated by paragraph (15) of this section) the 

16 following: 

17 ‘‘(31) SELF-SUFFICIENCY.—The term ‘self-suf18 ficiency’ means a standard that is adopted, cal19 culated, or commissioned by a local area or State, 

20 and which adjusts for local factors, in specifying the 

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

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

23 geographical considerations.’’; 

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

25 paragraph (19) of this section)— 
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1 (A) in subparagraph (C), by striking 

2 ‘‘training and employment’’ and inserting 

3 ‘‘fields’’; and 

4 (B) in subparagraph (F), by striking ‘‘indi5 viduals with other barriers to educational 

6 achievement, including’’; 

7 (22) in paragraph (34) (as redesignated by 

8 paragraph (19) of this section) by striking ‘‘, and in9 structional aids and devices’’ and inserting ‘‘instruc10 tional aids, and work supports’’; 

11 (23) by striking paragraph (35) (as redesig12 nated by paragraph (19) of this section) and insert13 ing the following: 

14 ‘‘(35) TECH-PREP PROGRAM.—The term ‘tech15 prep program’ means a program of study that— 

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

17 secondary education (as determined under State 

18 law) with a minimum of 2 years of postsec19 ondary education in a nonduplicative, sequential 

20 course of study; 

21 ‘‘(B) integrates academic and career and 

22 technical education instruction, and utilizes 

23 work-based and worksite learning where appro24 priate and available; 
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1 ‘‘(C) provides technical preparation in a 

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

3 high demand occupations; 

4 ‘‘(D) builds student competence in tech5 nical skills and in core academic subjects, as 

6 appropriate, through applied, contextual, and 

7 integrated instruction, in a coherent sequence 

8 of courses; 

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

10 credential, a certificate, or a degree, in a spe11 cific career field; 

12 ‘‘(F) leads to placement in appropriate em13 ployment or to further education; and 

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

15 practicable.’’; 

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

17 paragraph (19) of this section)— 

18 (A) in the paragraph heading, by striking 

19 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; 

20 (B) in the matter preceding subparagraph 

21 (A)— 

22 (i) by striking ‘‘vocational’’ and in23 serting ‘‘career’’; 

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

25 inserting ‘‘subsection (a)(2)’’; and 
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1 (iii) by striking ‘‘paragraph (5)(A)’’ 

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

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

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

6 redesignated by paragraph (19) of this section). 

7 SEC. 5. TRANSITION PROVISIONS. 

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

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

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

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

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

13 Career and Technical Education Improvement Act of 

14 2004. Each eligible agency shall be assured a full fiscal 

15 year for transition to plan for and implement the require16 ments of this Act.’’. 

17 SEC. 6. LIMITATION. 

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

19 the second sentence. 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

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

23 of title I’’; and 

24 (2) by striking ‘‘1999 through 2003’’ and in25 serting ‘‘2005 through 2010’’. 
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1 TITLE I—CAREER AND TECH2 NICAL EDUCATION ASSIST3 ANCE TO THE STATES 

4 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST5 ANCE TO THE STATES. 

6 Title I (20 U.S.C. 2321 et seq.) is amended by strik7 ing the title heading and inserting the following: 

8 ‘‘TITLE I—CAREER AND TECH9 NICAL EDUCATION ASSIST10 ANCE TO THE STATES’’. 

11 SEC. 102. RESERVATIONS AND STATE ALLOTMENT. 

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

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

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

15 not more than’’; 

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

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

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

19 paragraph (5),’’; 

20 (3) in paragraph (3)— 

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

22 in the case’’ and all that follows through 

23 ‘‘1998)’’; and 

24 (B) in subparagraph (C)— 
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1 (i) in clause (i)(I), by striking ‘‘(or in 

2 the case’’ and all that follows through 

3 ‘‘1998)’’; and 

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

5 in the case’’ and all that follows through 

6 ‘‘1998)’’; and 

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

8 ‘‘(5) FORMULA FOR AMOUNTS IN EXCESS OF

9 THE FISCAL YEAR 2004 FUNDING LEVEL.— 

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

11 for which the remainder of the sums appro12 priated under section 8 and not reserved under 

13 paragraph (1) exceeds the remainder of the 

14 sums appropriated under section 8 and not re15 served under paragraph (1) for fiscal year 

16 2004, such excess amount shall be allotted to 

17 the States according to the formula under sub18 paragraphs (A) through (D) of paragraph (2). 

19 ‘‘(B) MINIMUM ALLOTMENT.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 any other provision of law and subject to 

22 clause (ii), no State shall receive for a fiscal year under this paragraph less than 1 23 ⁄2

24 of 1 percent of the excess amount de25 scribed in subparagraph (A). 
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1 ‘‘(ii) REQUIREMENT.—No State, by 

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

3 be allotted under this paragraph for a fis4 cal year more than the amount determined 

5 by multiplying— 

6 ‘‘(I) the number of individuals in 

7 the State counted under paragraph 

8 (2); by 

9 ‘‘(II) 185 percent of the national 

10 average per pupil payment made with 

11 the excess amount described in sub12 paragraph (A) for that year.’’. 

13 SEC. 103. WITHIN STATE ALLOCATION. 

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

15 (1) in subsection (a)— 

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

17 after the semicolon; and 

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

19 inserting the following: 

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

21 ‘‘(A) State leadership activities described 

22 in section 124, of which— 

23 ‘‘(i) an amount determined by the eli24 gible agency shall be made available to 

25 serve individuals in State institutions, such 
19 

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1 as State correctional institutions and insti2 tutions that serve individuals with disabil3 ities; and 

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

5 available for services that prepare individ6 uals for nontraditional fields; and 

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

8 which may be used for the costs of— 

9 ‘‘(i) developing the State plan; 

10 ‘‘(ii) reviewing the local plans; 

11 ‘‘(iii) monitoring and evaluating pro12 gram effectiveness; 

13 ‘‘(iv) assuring compliance with all ap14 plicable Federal laws; 

15 ‘‘(v) providing technical assistance; 

16 and 

17 ‘‘(vi) supporting and developing State 

18 data systems relevant to the provisions of 

19 this Act.’’; 

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

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

22 ‘‘subsection (a)(2)(B)’’; and 

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

24 following: 
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1 ‘‘(c) RESERVE.—From amounts made available 

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

3 eligible agency may— 

4 ‘‘(1) award grants to eligible recipients, or con5 sortia of eligible recipients, for career and technical 

6 education activities described in section 135 in— 

7 ‘‘(A) rural areas; or 

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

9 numbers of career and technical education stu10 dents; 

11 ‘‘(2) reserve funds, with the approval of partici12 pating eligible recipients, for— 

13 ‘‘(A) innovative statewide initiatives that 

14 demonstrate benefits for eligible recipients, 

15 which may include— 

16 ‘‘(i) developing and implementing 

17 technical assessments; 

18 ‘‘(ii) improving the professional devel19 opment of career and technical education 

20 teachers, faculty, principals, and adminis21 trators; and 

22 ‘‘(iii) establishing, enhancing, and 

23 supporting systems for accountability data 

24 collection or reporting purposes; or 
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1 ‘‘(B) the development and implementation 

2 of career pathways or career clusters; and 

3 ‘‘(3) carry out activities described in para4 graphs (1) and (2).’’. 

5 SEC. 104. ACCOUNTABILITY. 

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

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

8 appears and inserting ‘‘career’’; 

9 (2) in subsection (a)— 

10 (A) by striking ‘‘a State performance ac11 countability system’’ and inserting ‘‘and sup12 port State and local performance accountability 

13 systems’’; and 

14 (B) by inserting ‘‘and its eligible recipi15 ents’’ after ‘‘of the State’’; 

16 (3) in subsection (b)— 

17 (A) in paragraph (1)— 

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

19 ‘‘paragraph (2)(A)’’ and inserting ‘‘sub20 paragraphs (A) and (B) of paragraph (2)’’; 

21 and 

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

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

24 (B) in paragraph (2)— 
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1 (i) by striking subparagraph (A) and 

2 inserting the following: 

3 ‘‘(A) CORE INDICATORS OF PERFORMANCE

4 FOR SECONDARY CAREER AND TECHNICAL EDU5 CATION STUDENTS.—Each eligible agency shall 

6 identify in the State plan core indicators of per7 formance for secondary career and technical 

8 education students that include, at a minimum, 

9 measures of each of the following: 

10 ‘‘(i) Student achievement on technical 

11 assessments and attainment of career and 

12 technical skill proficiencies that are aligned 

13 with nationally recognized industry stand14 ards, if available and appropriate. 

15 ‘‘(ii) Student attainment of chal16 lenging academic content standards and 

17 student academic achievement standards, 

18 as adopted by the State under section 

19 1111(b)(1) of the Elementary and Sec20 ondary Education Act of 1965 and meas21 ured by the academic assessments de22 scribed in section 1111(b)(3) of such Act, 

23 consistent with State requirements. 

24 ‘‘(iii) Student rates of attainment 

25 of— 
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1 ‘‘(I) a secondary school diploma; 

2 ‘‘(II) the recognized equivalent of 

3 a secondary school diploma; 

4 ‘‘(III) technical skill proficiency; 

5 ‘‘(IV) a credential; 

6 ‘‘(V) a certificate; and 

7 ‘‘(VI) a degree. 

8 ‘‘(iv) Placement in postsecondary edu9 cation, military service, apprenticeship pro10 grams, or employment. 

11 ‘‘(v) Student participation in, and 

12 completion of, career and technical edu13 cation programs that lead to employment 

14 in nontraditional fields.’’; 

15 (ii) by redesignating subparagraphs 

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

17 through (E); 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) CORE INDICATORS OF PERFORMANCE

21 FOR POSTSECONDARY CAREER AND TECHNICAL

22 STUDENTS.—Each eligible agency shall identify 

23 in the State plan core indicators of performance 

24 for postsecondary career and technical edu-
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1 cation students that include, at a minimum, 

2 measures of each of the following: 

3 ‘‘(i) Student achievement on technical 

4 assessments and attainment of career and 

5 technical skill proficiencies that are aligned 

6 with nationally recognized industry stand7 ards, if available and appropriate. 

8 ‘‘(ii) Student attainment of technical 

9 skill proficiency, a credential, a certificate, 

10 or a degree, or retention in postsecondary 

11 education, including transfer to a bacca12 laureate degree program. 

13 ‘‘(iii) Placement in military service, 

14 apprenticeship programs, or employment. 

15 ‘‘(iv) Student participation in, and 

16 completion of, career and technical edu17 cation programs that lead to employment 

18 in nontraditional fields. 

19 ‘‘(v) Increase in earnings, where avail20 able.’’; 

21 (iv) in subparagraph (C) (as redesig22 nated by clause (ii) of this subparagraph), 

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

24 title, such as attainment of self-suffi25 ciency.’’; 
25 

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1 (v) in subparagraph (D) (as redesig2 nated by clause (ii) of this subparagraph), 

3 by inserting ‘‘career and technical edu4 cation’’ after ‘‘developed State’’; 

5 (vi) in subparagraph (E) (as redesig6 nated by clause (ii) of this subpara7 graph)— 

8 (I) by striking ‘‘this paragraph’’ 

9 and inserting ‘‘subparagraphs (A) and 

10 (B)’’; and 

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

12 inserting ‘‘recipients, and shall meet 

13 the requirements of this section.’’; and 

14 (vii) by adding at the end the fol15 lowing: 

16 ‘‘(F) ALIGNMENT OF PERFORMANCE INDI17 CATORS.—In the course of identifying core indi18 cators of performance and additional indicators 

19 of performance, States shall, to the greatest ex20 tent possible, define the indicators so that sub21 stantially similar information gathered for other 

22 State and Federal programs, or any other pur23 pose, is used to meet the requirements of this 

24 section.’’; 

25 (C) in paragraph (3)— 
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1 (i) in the paragraph heading, by strik2 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV3 ELS’’; 

4 (ii) in subparagraph (A)— 

5 (I) in clause (i)— 

6 (aa) by striking ‘‘paragraph 

7 (2)(A)’’ and inserting ‘‘subpara8 graphs (A) and (B) of paragraph 

9 (2)’’; 

10 (bb) by inserting ‘‘after tak11 ing into account the local ad12 justed levels of performance and’’ 

13 after ‘‘eligible agency, ; and 

14 (cc) by striking subclause 

15 (II) and inserting the following: 

16 ‘‘(II) require the eligible recipi17 ents to make continuous and signifi18 cant improvement in career and tech19 nical achievement of career and tech20 nical education students, including 

21 special populations.’’; 

22 (II) in clause (v)— 

23 (aa) in the clause heading, 

24 by striking ‘‘3RD, 4TH, AND 5TH’’ 

25 and inserting ‘‘SUBSEQUENT’’; 
27 

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1 (bb) by striking ‘‘third pro2 gram year’’ and inserting ‘‘third 

3 and fifth program years’’; and 

4 (cc) by striking ‘‘third, 

5 fourth, and fifth’’ and inserting 

6 ‘‘corresponding subsequent’’; 

7 (III) in clause (vi)(II), by insert8 ing ‘‘and significant’’ after ‘‘contin9 uous’’; and 

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

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

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

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

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

15 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.— 

16 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER17 FORMANCE FOR CORE INDICATORS OF PER18 FORMANCE.— 

19 ‘‘(i) IN GENERAL.—Each eligible re20 cipient shall accept the State adjusted lev21 els of performance established under para22 graph (3) as local adjusted levels of per23 formance, or negotiate with the State to 

24 reach agreement on new local adjusted lev25 els of performance, for each of the core in-
28 

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1 dicators of performance described in sub2 paragraphs (A) and (B) of paragraph (2) 

3 for career and technical education activi4 ties authorized under this title. The levels 

5 of performance established under this sub6 paragraph shall, at a minimum— 

7 ‘‘(I) be expressed in a percentage 

8 or numerical form, so as to be objec9 tive, quantifiable, and measurable; 

10 and 

11 ‘‘(II) require the eligible recipient 

12 to make continuous and significant 

13 improvement in career and technical 

14 achievement of career and technical 

15 education students. 

16 ‘‘(ii) IDENTIFICATION IN THE LOCAL

17 PLAN.—Each eligible recipient shall iden18 tify, in the local plan submitted under sec19 tion 134, levels of performance for each of 

20 the core indicators of performance for the 

21 first 2 program years covered by the local 

22 plan. 

23 ‘‘(iii) AGREEMENT ON LOCAL AD24 JUSTED LEVELS OF PERFORMANCE FOR

25 FIRST 2 YEARS.—The eligible agency and 
29 

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1 each eligible recipient shall reach agree2 ment on the eligible recipient’s levels of 

3 performance for each of the core indicators 

4 of performance for the first 2 program 

5 years covered by the local plan, taking into 

6 account the levels identified in the local 

7 plan under clause (ii) and the factors de8 scribed in clause (v). The levels of perform9 ance agreed to under this clause shall be 

10 considered to be the local adjusted levels of 

11 performance for the eligible recipient for 

12 such years and shall be incorporated into 

13 the local plan prior to the approval of such 

14 plan. 

15 ‘‘(iv) AGREEMENT ON LOCAL AD16 JUSTED LEVELS OF PERFORMANCE FOR

17 SUBSEQUENT YEARS.—Prior to the third 

18 and fifth program years covered by the 

19 local plan, the eligible agency and each eli20 gible recipient shall reach agreement on 

21 the local adjusted levels of performance for 

22 each of the core indicators of performance 

23 for the corresponding subsequent program 

24 years covered by the local plan, taking into 

25 account the factors described in clause (v). 
30 

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1 The local adjusted levels of performance 

2 agreed to under this clause shall be consid3 ered to be the local adjusted levels of per4 formance for the eligible recipient for such 

5 years and shall be incorporated into the 

6 local plan. 

7 ‘‘(v) FACTORS.—The agreement de8 scribed in clause (iii) or (iv) shall take into 

9 account— 

10 ‘‘(I) how the levels of perform11 ance involved compare with the local 

12 adjusted levels of performance estab13 lished for other eligible recipients, tak14 ing into account factors including the 

15 characteristics of participants when 

16 the participants entered the program 

17 and the services or instruction to be 

18 provided; and 

19 ‘‘(II) the extent to which the 

20 local adjusted levels of performance 

21 involved promote continuous and sig22 nificant improvement on the core indi23 cators of performance by the eligible 

24 recipient. 
31 

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1 ‘‘(vi) REVISIONS.—If unanticipated 

2 circumstances arise with respect to an eli3 gible recipient resulting in a significant 

4 change in the factor described in clause 

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

6 that the local adjusted levels of perform7 ance agreed to under clause (iii) or (iv) be 

8 revised. The eligible agency shall issue ob9 jective criteria and methods for making 

10 such revisions. 

11 ‘‘(B) LEVELS OF PERFORMANCE FOR AD12 DITIONAL INDICATORS.—Each eligible recipient 

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

14 performance for any additional indicators of 

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

16 Such levels shall be considered to be the local 

17 levels of performance for purposes of this title. 

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

19 that receives an allocation under section 131 

20 shall publicly report, on an annual basis, its 

21 progress in achieving the local adjusted levels of 

22 performance on the core indicators of perform23 ance.’’; and 

24 (4) by striking subsection (c)(1)(B) and insert25 ing: 
32 

•S 2686 RS 

1 ‘‘(B) information on the levels of perform2 ance achieved by the State with respect to the 

3 additional indicators of performance, including 

4 the levels of performance disaggregated for 

5 postsecondary institutions, by special popu6 lations, and for secondary institutions, by spe7 cial populations and by the categories described 

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

9 and Secondary Education Act of 1965, except 

10 that such disaggregation shall not be required 

11 in a case in which the number of individuals in 

12 a category is insufficient to yield statistically re13 liable information or the results would reveal 

14 personally identifiable information about an in15 dividual.’’. 

16 SEC. 105. NATIONAL ACTIVITIES. 

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

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

19 appears and inserting ‘‘career’’; 

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

21 an analysis of performance data regarding special 

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

23 of performance data that is disaggregated for post24 secondary institutions, by special populations, and 

25 for secondary institutions, by special populations and 
33 

•S 2686 RS 

1 by the categories described in section 

2 1111(h)(1)(C)(i) of the Elementary and Secondary 

3 Education Act of 1965, except that such 

4 disaggregation shall not be required in a case in 

5 which the number of individuals in a category is in6 sufficient to yield statistically reliable information or 

7 the results would reveal personally identifiable infor8 mation about an individual’’; 

9 (3) in subsection (c)— 

10 (A) by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2) INDEPENDENT ADVISORY PANEL.— 

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

14 appoint an independent advisory panel to advise 

15 the Secretary on the implementation of the as16 sessment described in paragraph (3), including 

17 the issues to be addressed and the methodology 

18 of the studies involved to ensure that the as19 sessment adheres to the highest standards of 

20 quality. 

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

22 consist of— 

23 ‘‘(i) educators, principals, and admin24 istrators (including State directors of ca25 reer and technical education), with exper-
34 

•S 2686 RS 

1 tise in the integration of academic and ca2 reer and technical education; 

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

4 and assessment; 

5 ‘‘(iii) representatives of labor organi6 zations and businesses, including small 

7 businesses; 

8 ‘‘(iv) parents; 

9 ‘‘(v) career guidance and academic 

10 counseling professionals; and 

11 ‘‘(vi) other individuals and inter12 mediaries with relevant expertise. 

13 ‘‘(C) INDEPENDENT ANALYSIS.—The advi14 sory panel shall transmit to the Secretary and 

15 to the relevant committees of Congress an inde16 pendent analysis of the findings and rec17 ommendations resulting from the assessment 

18 described in paragraph (3). 

19 ‘‘(D) FACA.—The Federal Advisory Com20 mittee Act (5 U.S.C. App.) shall not apply to 

21 the panel established under this paragraph.’’; 

22 (B) in paragraph (3)— 

23 (i) by striking subparagraph (A) and 

24 inserting the following: 
35 

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

2 available under subsection (d), the Secretary 

3 shall provide for the conduct of an independent 

4 evaluation and assessment of career and tech5 nical education programs under this Act, in6 cluding the implementation of the Carl D. Per7 kins Career and Technical Education Improve8 ment Act of 2004, to the extent practicable, 

9 through studies and analyses conducted inde10 pendently through grants, contracts, and coop11 erative agreements that are awarded on a com12 petitive basis.’’; 

13 (ii) in subparagraph (B)— 

14 (I) by striking clause (iii) and in15 serting the following: 

16 ‘‘(iii) the preparation and qualifica17 tions of teachers and faculty of career and 

18 technical education, as well as shortages of 

19 such teachers and faculty;’’; 

20 (II) by striking clause (v) and in21 serting the following: 

22 ‘‘(v) academic and career and tech23 nical education achievement and employ24 ment outcomes of career and technical 

25 education students, including analyses of— 
36 

•S 2686 RS 

1 ‘‘(I) the number of career and 

2 technical education students and tech3 prep students who meet the State ad4 justed levels of performance estab5 lished under section 113; 

6 ‘‘(II) the extent and success of 

7 integration of challenging academic 

8 and career and technical education for 

9 students participating in career and 

10 technical education programs; 

11 ‘‘(III) the extent to which career 

12 and technical education programs pre13 pare students, including special popu14 lations, for subsequent employment in 

15 high skill, high wage occupations, or 

16 participation in postsecondary edu17 cation; and 

18 ‘‘(IV) the number of career and 

19 technical education students receiving 

20 a high school diploma;’’; 

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

22 ‘‘, and career and technical education 

23 students’ preparation for employ24 ment’’ after ‘‘programs’’; and 
37 

•S 2686 RS 

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

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

3 such term appears; and 

4 (iii) in subparagraph (C)— 

5 (I) in clause (i)— 

6 (aa) by striking ‘‘Committee 

7 on Education’’ and all that fol8 lows through ‘‘Senate’’ and in9 serting ‘‘relevant committees of 

10 Congress’’; and 

11 (bb) by striking ‘‘2002’’ 

12 both places it appears and insert13 ing ‘‘2008’’; and 

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

15 ‘‘Committee on Education’’ and all 

16 that follows through ‘‘Senate’’ and in17 serting ‘‘relevant committees of Con18 gress’’; 

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

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

21 through ‘‘Senate’’ and inserting ‘‘relevant com22 mittees of Congress’’; 

23 (D) in paragraph (5)— 

24 (i) in subparagraph (A)— 
38 

•S 2686 RS 

1 (I) in the matter preceding clause 

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

3 and all that follows through ‘‘centers’’ 

4 and inserting ‘‘higher education offer5 ing comprehensive graduate programs 

6 in career and technical education that 

7 shall be the primary recipient and 

8 shall collaborate with a public or pri9 vate nonprofit organization or agency, 

10 or a consortium of such institutions, 

11 organizations, or agencies, to establish 

12 a national research center’’; 

13 (II) in clause (i)— 

14 (aa) by inserting ‘‘and eval15 uation’’ after ‘‘to carry out re16 search’’; and 

17 (bb) by inserting ‘‘, includ18 ing special populations,’’ after 

19 ‘‘participants’’; 

20 (III) by redesignating clause (ii), 

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

22 (v), respectively; 

23 (IV) by inserting after clause (i) 

24 the following: 
39 

•S 2686 RS 

1 ‘‘(ii) to carry out research for the pur2 pose of developing, improving, and identi3 fying the most successful methods for suc4 cessfully addressing the needs of employers 

5 in high skill, high wage business and in6 dustry, including evaluation and scientif7 ically based research of— 

8 ‘‘(I) collaboration between career 

9 and technical education programs and 

10 business and industry; 

11 ‘‘(II) academic and technical 

12 skills required to respond to the chal13 lenge of a global economy and rapid 

14 technological changes; and 

15 ‘‘(III) technical knowledge and 

16 skills required to respond to needs of 

17 a regional or sectoral workforce, in18 cluding small business;’’; 

19 (V) in clause (iii) (as redesig20 nated by subclause (III) of this 

21 clause), by inserting ‘‘that are inte22 grated with challenging academic in23 struction’’ before ‘‘, including’’; and 
40 

•S 2686 RS 

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

2 redesignated by subclause (III) of this 

3 clause) and inserting the following: 

4 ‘‘(iv) to carry out scientifically based 

5 research, where appropriate, that can be 

6 used to improve preparation and profes7 sional development of teachers, faculty, 

8 principals, and administrators and student 

9 learning in the career and technical edu10 cation classroom, including— 

11 ‘‘(I) effective in-service and pre12 service teacher and faculty education 

13 that assists career and technical edu14 cation programs in— 

15 ‘‘(aa) integrating those pro16 grams with academic content 

17 standards and student academic 

18 achievement standards, as adopt19 ed by States under section 

20 1111(b)(1) of the Elementary 

21 and Secondary Education Act of 

22 1965; and 

23 ‘‘(bb) promoting technical 

24 education aligned with industry25 based standards and certifi-
41 

•S 2686 RS 

1 cations to meet regional industry 

2 needs; 

3 ‘‘(II) dissemination and training 

4 activities related to the applied re5 search and demonstration activities 

6 described in this subsection, which 

7 may also include serving as a reposi8 tory for information on career and 

9 technical education skills, State aca10 demic standards, and related mate11 rials; and 

12 ‘‘(III) the recruitment and reten13 tion of career and technical education 

14 teachers, faculty, counselors, prin15 cipals, and administrators, including 

16 individuals in groups underrep17 resented in the teaching profession; 

18 and’’; 

19 (ii) in subparagraph (B)— 

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

21 places the term appears; and 

22 (II) by striking ‘‘Committee on 

23 Education’’ and all that follows 

24 through ‘‘Senate’’ and inserting ‘‘rel25 evant committees of Congress’’; 
42 

•S 2686 RS 

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

2 ‘‘or centers’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(D) INDEPENDENT GOVERNING BOARD.— 

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

7 higher education that desires a grant, con8 tract, or cooperative agreement under this 

9 paragraph shall identify, in its application, 

10 an independent governing board for the 

11 center established pursuant to this para12 graph. 

13 ‘‘(ii) MEMBERS.—The independent 

14 governing board shall consist of the fol15 lowing: 

16 ‘‘(I) Two representatives of sec17 ondary career and technical education. 

18 ‘‘(II) Two representatives of 

19 postsecondary career and technical 

20 education. 

21 ‘‘(III) Two representatives of eli22 gible agencies. 

23 ‘‘(IV) Two representatives of 

24 business and industry. 
43 

•S 2686 RS 

1 ‘‘(V) Two representatives of ca2 reer and technical teacher preparation 

3 institutions. 

4 ‘‘(VI) Two nationally recognized 

5 researchers in the field of career and 

6 technical education. 

7 ‘‘(iii) COORDINATION.—The inde8 pendent governing board shall ensure that 

9 the research and dissemination activities 

10 carried out by the center are coordinated 

11 with the research activities carried out by 

12 the Secretary.’’; 

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

14 ‘‘or centers’’; and 

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

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

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

18 are authorized to be appropriated to carry out this section 

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

20 2005 through 2010.’’. 

21 SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS. 

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

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

24 appears and inserting ‘‘career’’; 

25 (2) in subsection (b)— 
44 

•S 2686 RS 

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

2 by striking ‘‘the Republic of the Marshall Is3 lands, the Federated States of Micronesia,’’; 

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

5 and retraining;’’ and inserting ‘‘preparation;’’; 

6 (C) by redesignating paragraphs (2) and 

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

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

9 following: 

10 ‘‘(2) professional development for teachers, fac11 ulty, principals, and administrators;’’; and 

12 (3) in subsection (d)— 

13 (A) by striking ‘‘the Republic of the Mar14 shall Islands, the Federated States of Micro15 nesia, and’’; and 

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

17 ‘‘2007’’. 

18 SEC. 107. NATIVE AMERICAN PROGRAM. 

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

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

21 appears and inserting ‘‘career’’; 

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

23 the end; 

24 (3) in subsection (b)— 
45 

•S 2686 RS 

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

2 and inserting ‘‘(c)’’; and 

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

4 than in subsection (i))’’; 

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

6 and inserting ‘‘section, an’’; 

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

8 and inserting ‘‘section’’; and 

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

10 recognized by the Governor of the State of Hawaii’’. 

11 SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CA12 REER AND TECHNICAL INSTITUTIONS. 

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

14 (1) by striking the section heading and insert15 ing the following: 

16 ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CA17 REER AND TECHNICAL INSTITUTIONS.’’; 

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

19 appears and inserting ‘‘career’’; 

20 (3) in subsection (g)— 

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

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

23 the Secretary’’; 

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

25 ‘‘2000’’ and inserting ‘‘2006’’; and 
46 

•S 2686 RS 

1 (C) in paragraph (3)(C), by striking ‘‘be2 ginning’’ and all that follows through the period 

3 and inserting ‘‘beginning on the date of enact4 ment of the Carl D. Perkins Career and Tech5 nical Education Improvement Act of 2004.’’; 

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

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

8 (5) by inserting after subsection (g) the fol9 lowing: 

10 ‘‘(h) APPEALS.— 

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

12 the Secretary shall provide a tribally controlled post13 secondary career and technical institution with a 

14 hearing on the record before an administrative law 

15 judge with respect to the following determinations: 

16 ‘‘(A) A determination that such institution 

17 is not eligible for a grant under this section. 

18 ‘‘(B) A determination regarding the cal19 culation of the amount of a grant awarded 

20 under this section. 

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

22 determination described in paragraph (1), a tribally 

23 controlled postsecondary career and technical insti24 tution shall— 
47 

•S 2686 RS 

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

2 determination that such institution is not eligi3 ble for a grant under this section, file a notice 

4 of appeal with the Secretary not later than 30 

5 days after receipt of such determination; and 

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

7 determination regarding the calculation of the 

8 amount of a grant awarded under this sec9 tion— 

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

11 Secretary not later than 30 days after re12 ceipt of the Secretary’s notification of the 

13 grant amount; and 

14 ‘‘(ii) identify the amount of funding 

15 that gives rise to such appeal. 

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

17 controlled postsecondary career and technical insti18 tution appeals a determination described in para19 graph (1), the Secretary shall withhold the amount 

20 in dispute from the award of grant funds under this 

21 section until such time as the administrative law 

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

23 and 
48 

•S 2686 RS 

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

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

3 following: 

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

5 are authorized to be appropriated to carry out this section 

6 $10,000,000 for fiscal year 2005 and such sums as may 

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

8 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA9 TION. 

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

11 (1) in subsection (a)— 

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

13 by striking ‘‘(f)’’ and inserting ‘‘(g)’’; 

14 (B) in paragraph (1)— 

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

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

17 ‘‘(c)’’; 

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

19 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

21 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

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

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

25 as subsections (c) through (g), respectively; 
49 

•S 2686 RS 

1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) STATE APPLICATION.— 

4 ‘‘(1) IN GENERAL.—Each State desiring assist5 ance under this section shall submit an application 

6 to the Secretary at the same time the State submits 

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

8 and accompanied by such additional information, as 

9 the Secretary may reasonably require. 

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

11 under paragraph (1) shall include— 

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

13 designated in subsection (c) will provide infor14 mation based on labor market trends to inform 

15 program development; and 

16 ‘‘(B) information about the academic con17 tent standards and student academic achieve18 ment standards adopted by the State under sec19 tion 1111(b)(1) of the Elementary and Sec20 ondary Education Act of 1965.’’; 

21 (4) in subsection (c) (as redesignated by para22 graph (2) of this section)— 

23 (A) in paragraph (1), by striking ‘‘individ24 uals’’ and all that follows through the semicolon 

25 and inserting ‘‘students and parents, including 
50 

•S 2686 RS 

1 postsecondary education and training, including 

2 preparation for high skill, high wage, or high 

3 demand occupations and nontraditional fields in 

4 emerging or established professions;’’; 

5 (B) in paragraph (2), by inserting ‘‘aca6 demic and career and technical’’ after ‘‘relate’’; 

7 (C) by striking paragraph (3) and insert8 ing the following: 

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

10 and counselors with the knowledge, skills, and occu11 pational information needed to assist parents and all 

12 students, especially special populations underrep13 resented in certain careers, with career exploration, 

14 educational opportunities, education financing, and 

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

16 occupations and nontraditional fields;’’; 

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

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

19 emphasis on high skill, high wage, or high de20 mand occupations in emerging or established 

21 professions;’’; 

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

23 after the semicolon; 

24 (F) in paragraph (6), by striking the pe25 riod and inserting ‘‘; and’’; and 
51 

•S 2686 RS 

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

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

3 each occupation, on— 

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

5 in the occupation at entry level and after 5 

6 years of employment; 

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

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

9 the occupation, based on employment projec10 tions.’’; 

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

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

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

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

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

16 inserting ‘‘(c)’’; 

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

18 paragraph (2) of this section), by striking ‘‘an iden19 tification’’ and inserting ‘‘a description of’’; and 

20 (8) in subsection (g) (as redesignated by para21 graph (2) of this section), by striking ‘‘1999 through 

22 2003’’ and inserting ‘‘2005 through 2010’’. 

23 SEC. 110. STATE ADMINISTRATION. 

24 Section 121 (20 U.S.C. 2341) is amended— 
52 

•S 2686 RS 

1 (1) by redesignating subsection (a)(2) as sub2 section (b) and indenting appropriately; 

3 (2) by redesignating subparagraphs (A) through 

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

5 (4), respectively, and indenting appropriately; 

6 (3) by redesignating clauses (i) and (ii) of para7 graph (4) (as redesignated by paragraph (2) of this 

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

9 and indenting appropriately; 

10 (4) by striking the following: 

11 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.— 

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

13 inserting the following: 

14 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re15 sponsibilities’’; 

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

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

18 and employment’’ and inserting ‘‘fields’’; 

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

20 paragraph (2) of this section)— 

21 (A) by inserting ‘‘teacher and faculty prep22 aration programs,’’ after ‘‘teachers,’’; and 

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

24 after ‘‘representatives of’’; and 
53 

•S 2686 RS 

1 (7) in subsection (b) (as redesignated by para2 graph (1) of this section), by striking ‘‘paragraph 

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

4 SEC. 111. STATE PLAN. 

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

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

7 appears and inserting ‘‘career’’; 

8 (2) in subsection (a)— 

9 (A) in paragraph (1)— 

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

11 and 

12 (ii) by adding at the end the fol13 lowing: ‘‘Each eligible agency may submit 

14 a transition plan during the first full year 

15 of implementation of this Act after the date 

16 of enactment of the Carl D. Perkins Career 

17 and Technical Education Improvement Act 

18 of 2004. The transition plan shall fulfill the 

19 eligible agency’s State plan submission obli20 gation under this section.’’; and 

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

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

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

24 the following: 
54 

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

2 develop the State plan in consultation with academic 

3 and career and technical education teachers, faculty, 

4 principals, and administrators, career guidance and 

5 academic counselors, eligible recipients, parents, stu6 dents, the State tech-prep coordinator and rep7 resentatives of tech-prep consortia (if applicable), in8 terested community members (including parent and 

9 community organizations), representatives of special 

10 populations, representatives of business (including 

11 small business) and industry, and representatives of 

12 labor organizations in the State, and shall consult 

13 the Governor of the State with respect to such devel14 opment.’’; 

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

16 following: 

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

18 information that— 

19 ‘‘(1) describes the career and technical edu20 cation activities to be assisted that are designed to 

21 meet or exceed the State adjusted levels of perform22 ance, including a description of— 

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

24 eligible recipients in developing or implementing 

25 career pathways for career and technical edu-
55 

•S 2686 RS 

1 cation content areas that are designed to meet 

2 relevant workforce needs, including how the eli3 gible agency will— 

4 ‘‘(i) support eligible recipients in de5 veloping articulation agreements between 

6 secondary and postsecondary institutions; 

7 ‘‘(ii) support eligible recipients in 

8 using labor market information to identify 

9 career pathways that prepare individuals 

10 for high skill, high wage, or high demand 

11 occupations; 

12 ‘‘(iii) make available information 

13 about career pathways offered by eligible 

14 recipients; and 

15 ‘‘(iv) consult with business and indus16 try and use industry-recognized standards 

17 and assessments, if appropriate; 

18 ‘‘(B) the secondary and postsecondary ca19 reer and technical education programs to be 

20 carried out, including programs that will be car21 ried out by the eligible agency to develop, im22 prove, and expand access to quality technology 

23 in career and technical education programs; 

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

25 eligible agency to approve eligible recipients for 
56 

•S 2686 RS 

1 funds under this title, including criteria to as2 sess the extent to which the local plan will— 

3 ‘‘(i) promote higher levels of academic 

4 achievement; 

5 ‘‘(ii) promote higher levels of technical 

6 skill attainment; and 

7 ‘‘(iii) identify and address workforce 

8 needs; 

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

10 will prepare career and technical education stu11 dents, including special populations to graduate 

12 from high school with a diploma; 

13 ‘‘(E) how such programs will prepare ca14 reer and technical education students, including 

15 special populations, both academically and tech16 nically, for opportunities in postsecondary edu17 cation or entry into high skill, high wage, or 

18 high demand occupations in emerging or estab19 lished occupations, and how participating stu20 dents will be made aware of such opportunities; 

21 and 

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

23 develop new career and technical education 

24 courses in high skill, high wage, or high de25 mand occupations that are aligned with busi-
57 

•S 2686 RS 

1 ness needs and industry standards, as appro2 priate— 

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

4 aligned with challenging academic content 

5 standards and student academic achieve6 ment standards adopted by the State 

7 under section 1111(b)(1) of the Elemen8 tary and Secondary Education Act of 

9 1965; and 

10 ‘‘(ii) at the postsecondary level that 

11 are relevant and challenging; 

12 ‘‘(2) describes how career and technical edu13 cation teachers, faculty, principals, administrators, 

14 and career guidance and academic counselors will be 

15 provided comprehensive initial preparation and pro16 fessional development, including through programs 

17 and activities that— 

18 ‘‘(A) promote the integration of chal19 lenging academic and career and technical edu20 cation curriculum development, including oppor21 tunities for teachers to jointly develop and im22 plement curriculum and pedagogical strategies 

23 with appropriate academic teachers; 
58 

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

2 technical education knowledge of career and 

3 technical education teachers and faculty; 

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

5 focused on instruction, directly related to indus6 try standards, and includes structured induc7 tion and mentoring components for new per8 sonnel, with an emphasis on identifying and ad9 dressing the needs of local businesses, including 

10 small businesses; 

11 ‘‘(D) ensure an increasing number of ca12 reer and technical education teachers and fac13 ulty meet teacher certification and licensing re14 quirements reflecting the needs of their subject 

15 area or areas; 

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

17 skills needed to work with and improve instruc18 tion for special populations; 

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

20 including labor market indicators, student 

21 achievement, and assessments; 

22 ‘‘(G) enhance the leadership capacity of 

23 principals and administrators; 

24 ‘‘(H) are integrated with professional de25 velopment activities that the State carries out 
59 

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1 under title II of the Elementary and Secondary 

2 Education Act of 1965 and title II of the High3 er Education Act of 1965; and 

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

5 and technical education students to comprehen6 sive information regarding career options that 

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

8 occupations and nontraditional fields; 

9 ‘‘(3) describes efforts to improve— 

10 ‘‘(A) the recruitment and retention of ca11 reer and technical education teachers, faculty, 

12 counselors, principals, and administrators, in13 cluding individuals in groups underrepresented 

14 in the teaching profession; and 

15 ‘‘(B) the transition to teaching from busi16 ness and industry, including small business; 

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

18 programs and faculty at postsecondary institutions 

19 to effectively prepare career and technical education 

20 personnel, including, as appropriate, through elec21 tronically delivered distance education, and articula22 tion agreements between 2-year technical programs 

23 and postsecondary education programs; 

24 ‘‘(5) describes how the eligible agency will ac25 tively involve parents, academic and career and tech-
60 

•S 2686 RS 

1 nical education teachers, faculty, principals, and ad2 ministrators, career guidance and academic coun3 selors, local businesses (including small- and me4 dium-sized businesses and business intermediaries), 

5 and labor organizations in the planning, develop6 ment, implementation, and evaluation of such career 

7 and technical education programs; 

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

9 agency through the allotment made under section 

10 111 will be allocated— 

11 ‘‘(A) among secondary school career and 

12 technical education, or postsecondary and adult 

13 career and technical education, or both, includ14 ing the rationale for such allocation; and 

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

16 formed among secondary schools and eligible in17 stitutions, and how funds will be allocated 

18 among the members of the consortia, including 

19 the rationale for such allocation; 

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

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

22 career and technical education courses in high 

23 skill, high wage, or high demand occupations— 

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

25 aligned with challenging academic content 
61 

•S 2686 RS 

1 standards and student academic achieve2 ment standards adopted by the State 

3 under section 1111(b)(1) of the Elemen4 tary and Secondary Education Act of 

5 1965; and 

6 ‘‘(ii) at the postsecondary level that 

7 are challenging and aligned with business 

8 needs and industry standards, as appro9 priate; 

10 ‘‘(B) improve the academic and technical 

11 skills of students participating in career and 

12 technical education programs, including 

13 strengthening the academic, and career and 

14 technical, components of career and technical 

15 education programs through the integration of 

16 academics with career and technical education 

17 to ensure learning in the core academic subjects 

18 and career and technical education subjects, 

19 and provide students with strong experience in, 

20 and understanding of, all aspects of an indus21 try; 

22 ‘‘(C) ensure that students who participate 

23 in such career and technical education pro24 grams are taught to the same challenging aca-
62 

•S 2686 RS 

1 demic proficiencies as are taught to all other 

2 students; and 

3 ‘‘(D) encourage secondary school students 

4 who participate in such career and technical 

5 education programs to enroll in challenging 

6 courses in core academic subjects; 

7 ‘‘(8) describes how the eligible agency will an8 nually evaluate the effectiveness of such career and 

9 technical education programs, and describes, to the 

10 extent practicable, how the eligible agency is coordi11 nating such programs to promote relevant lifelong 

12 learning and ensure nonduplication with other exist13 ing Federal programs; 

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

15 strategies for special populations, including a de16 scription of how individuals who are members of the 

17 special populations— 

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

19 activities assisted under this title; 

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

21 the basis of their status as members of the spe22 cial populations; and 

23 ‘‘(C) will be provided with programs de24 signed to enable the special populations to meet 

25 or exceed State adjusted levels of performance, 
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1 and prepare special populations for further 

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

3 demand occupations; 

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

5 developing the State plan with— 

6 ‘‘(A) the entity within the State with re7 sponsibility for elementary and secondary edu8 cation; 

9 ‘‘(B) the entity within the State with re10 sponsibility for public institutions engaged in 

11 postsecondary education; 

12 ‘‘(C) State institutions such as State cor13 rectional institutions and institutions that serve 

14 individuals with disabilities; and 

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

16 responsibility for career and technical education 

17 and training and workforce development; 

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

19 will take to involve representatives of eligible recipi20 ents in the development of the State adjusted levels 

21 of performance; 

22 ‘‘(12) provides assurances that the eligible 

23 agency will comply with the requirements of this 

24 title and the provisions of the State plan, including 

25 the provision of a financial audit of funds received 
64 

•S 2686 RS 

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

2 audit of other Federal or State programs; 

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

4 funds expended under this title will be used to ac5 quire equipment (including computer software) in 

6 any instance in which such acquisition results in a 

7 direct financial benefit to any organization rep8 resenting the interests of the purchasing entity, the 

9 employees of the purchasing entity, or any affiliate 

10 of such an organization; 

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

12 measure and report data relating to students partici13 pating in and completing career and technical edu14 cation within specific career clusters in order to ade15 quately measure the progress of the students, includ16 ing special populations, at— 

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

18 the categories described in section 

19 1111(h)(1)(C)(i) of the Elementary and Sec20 ondary Education Act of 1965, except that such 

21 disaggregation shall not be required in a case in 

22 which the number of individuals in a category 

23 is insufficient to yield statistically reliable infor24 mation or the results would reveal personally 
65 

•S 2686 RS 

1 identifiable information about an individual; 

2 and 

3 ‘‘(B) the postsecondary level, disaggregated 

4 by special populations and the categories de5 scribed in section 1111(h)(1)(C)(i) of the Ele6 mentary and Secondary Education Act of 1965, 

7 except that such disaggregation shall not be re8 quired in a case in which the number of individ9 uals in a category is insufficient to yield statis10 tically reliable information or the results would 

11 reveal personally identifiable information about 

12 an individual; 

13 ‘‘(15) describes how the eligible agency will ade14 quately address the needs of students in alternative 

15 education programs, if appropriate; 

16 ‘‘(16) describes how the eligible agency will pro17 vide local educational agencies, area career and tech18 nical education schools, and eligible institutions in 

19 the State with technical assistance; 

20 ‘‘(17) describes how career and technical edu21 cation relates to State and regional occupational op22 portunities; 

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

24 joint planning and coordination of programs carried 
66 

•S 2686 RS 

1 out under this title with other Federal education 

2 programs; 

3 ‘‘(19) describes how funds will be used to pro4 mote preparation for high skill, high wage, or high 

5 demand occupations and nontraditional fields in 

6 emerging and established professions; 

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

8 individuals in State correctional institutions; 

9 ‘‘(21) describes how the eligible agency will en10 sure that the data reported to the eligible agency 

11 from local educational agencies and eligible institu12 tions under this title and the data the eligible agency 

13 reports to the Secretary are complete, accurate, and 

14 reliable; and 

15 ‘‘(22) contains the description and information 

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

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

18 2822(b)(8) and 2841(c)) concerning the provision of 

19 services only for postsecondary students and school 

20 dropouts.’’; 

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

22 following: 

23 ‘‘(d) PLAN OPTIONS.— 

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

25 fulfill the plan or application submission require-
67 

•S 2686 RS 

1 ments of this section, section 118(b), and section 

2 141(c) by submitting a single State plan. In such 

3 plan, the eligible agency may allow eligible recipients 

4 to fulfill the plan or application submission require5 ments of section 134 and subsections (a) and (b) of 

6 section 143 by submitting a single local plan. 

7 ‘‘(2) PLAN SUBMITTED AS PART OF 501

8 PLAN.—The eligible agency may submit the plan re9 quired under this section as part of the plan sub10 mitted under section 501 of the Workforce Invest11 ment Act of 1998 (20 U.S.C. 9271), provided that 

12 the plan submitted pursuant to the requirement of 

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

14 and 

15 (6) by striking subsection (f). 

16 SEC. 112. IMPROVEMENT PLANS. 

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

18 follows: 

19 ‘‘SEC. 123. IMPROVEMENT PLANS. 

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

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

22 adjusted levels of performance described in the re23 port submitted under section 113(c), the eligible 

24 agency shall develop and implement a program im25 provement plan in consultation with the appropriate 
68 

•S 2686 RS 

1 agencies, individuals, and organizations for the first 

2 program year succeeding the program year in which 

3 the eligible agency failed to meet the State adjusted 

4 levels of performance, in order to avoid a sanction 

5 under paragraph (3). 

6 ‘‘(2) TECHNICAL ASSISTANCE.—If the Sec7 retary determines that an eligible agency is not 

8 properly implementing the eligible agency’s respon9 sibilities under section 122, or is not making sub10 stantial progress in meeting the purpose of this Act, 

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

12 the Secretary shall work with the eligible agency to 

13 implement improvement activities consistent with the 

14 requirements of this Act. 

15 ‘‘(3) FAILURE.— 

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

17 fails to meet the State adjusted levels of per18 formance, has not implemented an improvement 

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

20 no improvement within 1 year after imple21 menting an improvement plan as described in 

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

23 adjusted levels of performance for 2 or more 

24 consecutive years, the Secretary may, after no25 tice and opportunity for a hearing, withhold 
69 

•S 2686 RS 

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

2 eligible agency’s allotment under this title. 

3 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR4 CUMSTANCES.—The Secretary may waive the 

5 sanction in subparagraph (A) due to exceptional 

6 or uncontrollable circumstances such as a nat7 ural disaster or a precipitous and unforeseen 

8 decline in financial resources of the State. 

9 ‘‘(4) FUNDS RESULTING FROM REDUCED AL10 LOTMENTS.— 

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

12 use funds withheld under paragraph (3) for a 

13 State served by an eligible agency, to provide 

14 (through alternative arrangements) services and 

15 activities within the State to meet the purposes 

16 of this Act. 

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

18 cannot satisfactorily use funds withheld under 

19 paragraph (3), then the amount of funds re20 tained by the Secretary as a result of a reduc21 tion in an allotment made under paragraph (3) 

22 shall be redistributed to other eligible agencies 

23 in accordance with section 111. 

24 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 
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•S 2686 RS 

1 ‘‘(1) LOCAL EVALUATION.—Each eligible agen2 cy shall evaluate annually, using the local adjusted 

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

4 the career and technical education activities of each 

5 eligible recipient receiving funds under this title. 

6 ‘‘(2) PLAN.— 

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

8 evaluation, the eligible agency determines that 

9 an eligible recipient is not making substantial 

10 progress in achieving the local adjusted levels of 

11 performance, the eligible agency shall— 

12 ‘‘(i) conduct an assessment of the 

13 educational needs that the eligible recipient 

14 shall address to overcome local perform15 ance deficiencies, including the perform16 ance of special populations; 

17 ‘‘(ii) enter into an improvement plan 

18 with an eligible recipient based on the re19 sults of the assessment, for the first pro20 gram year succeeding the program year in 

21 which the eligible recipient failed to meet 

22 the local adjusted levels of performance, 

23 which plan shall demonstrate how the local 

24 performance deficiencies will be corrected 

25 and include instructional and other pro-
71 

•S 2686 RS 

1 grammatic innovations of demonstrated ef2 fectiveness, and where necessary, strategies 

3 for appropriate staffing and professional 

4 development; and 

5 ‘‘(iii) conduct regular evaluations of 

6 the progress being made toward reaching 

7 the local adjusted levels of performance, as 

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

9 progress on implementing the improvement 

10 plan. 

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

12 shall conduct the activities described in sub13 paragraph (A) in consultation with teachers, 

14 principals, administrators, faculty, parents, 

15 other school staff, appropriate agencies, and 

16 other appropriate individuals and organizations. 

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

18 agency determines that an eligible recipient is not 

19 properly implementing the eligible recipient’s respon20 sibilities under section 134, or is not making sub21 stantial progress in meeting the purpose of this Act, 

22 based on the local adjusted levels of performance, 

23 the eligible agency shall provide technical assistance 

24 to the eligible recipient to assist the eligible recipient 

25 in carrying out the improvement activities consistent 
72 

•S 2686 RS 

1 with the requirements of this Act. An eligible recipi2 ent, in collaboration with the eligible agency, may re3 quest that the Secretary provide additional technical 

4 assistance. 

5 ‘‘(4) FAILURE.— 

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

7 fails to meet the local adjusted levels of per8 formance as described in section 113(b)(4) and 

9 has not implemented an improvement plan as 

10 described in paragraph (2), has shown no im11 provement within 1 year after implementing an 

12 improvement plan as described in paragraph 

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

14 local adjusted levels of performance for 2 or 

15 more consecutive years, the eligible agency may, 

16 after notice and opportunity for a hearing, 

17 withhold from the eligible recipient all, or a por18 tion of, the eligible recipient’s allotment under 

19 this title. 

20 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR21 CUMSTANCES.—The eligible agency may waive 

22 the sanction under this paragraph due to excep23 tional or uncontrollable circumstances such as 

24 organizational structure, or a natural disaster 
73 

•S 2686 RS 

1 or a precipitous and unforeseen decline in fi2 nancial resources of the eligible recipient. 

3 ‘‘(5) FUNDS RESULTING FROM REDUCED AL4 LOTMENTS.—The eligible agency shall use funds 

5 withheld under paragraph (4) to provide (through 

6 alternative arrangements) services and activities to 

7 students within the area served by such recipient to 

8 meet the purpose of this Act.’’. 

9 SEC. 113. STATE LEADERSHIP ACTIVITIES. 

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

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

12 appears and inserting ‘‘career’’; 

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

14 and inserting ‘‘112(a)(2)(A)’’; 

15 (3) in subsection (b)— 

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

17 learning’’ and all that follows through the semi18 colon and inserting ‘‘further education, further 

19 training, or for high skill, high wage, or high 

20 demand occupations;’’; 

21 (B) in paragraph (2), by striking subpara22 graphs (A) through (C) and inserting the fol23 lowing: 

24 ‘‘(A) training of career and technical edu25 cation teachers, faculty, principals, career guid-
74 

•S 2686 RS 

1 ance and academic counselors, and administra2 tors to use technology, including distance learn3 ing; 

4 ‘‘(B) encouraging schools to work with 

5 technology industries to offer voluntary intern6 ships and mentoring programs; or 

7 ‘‘(C) encouraging lifelong learning, includ8 ing through partnerships that may involve insti9 tutions of higher education, organizations pro10 viding career and technical education, busi11 nesses, and communications entities;’’; 

12 (C) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) professional development programs, includ15 ing providing comprehensive professional develop16 ment (including initial teacher preparation) for ca17 reer and technical education teachers, faculty, prin18 cipals, administrators, and career guidance and aca19 demic counselors at the secondary and postsecondary 

20 levels, that support activities described in section 

21 122 and— 

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

23 training in career and technical education pro24 grams and techniques, effective teaching skills 

25 based on promising practices and, where avail-
75 

•S 2686 RS 

1 able and appropriate, scientifically based re2 search, and effective practices to improve pa3 rental and community involvement; 

4 ‘‘(B) improve student achievement in order 

5 to meet the State adjusted levels of perform6 ance established under section 113; 

7 ‘‘(C) support education programs for 

8 teachers and faculty of career and technical 

9 education in public schools and other public 

10 school personnel who are involved in the direct 

11 delivery of educational services to career and 

12 technical education students to ensure that 

13 such personnel— 

14 ‘‘(i) stay current with the needs, ex15 pectations, and methods of industry; 

16 ‘‘(ii) can effectively develop chal17 lenging, integrated academic and career 

18 and technical education curriculum jointly 

19 with academic teachers, to the extent prac20 ticable; and 

21 ‘‘(iii) develop a higher level of aca22 demic and industry knowledge and skills in 

23 career and technical education; and 

24 ‘‘(D) are integrated with the teacher cer25 tification or licensing and professional develop-
76 

•S 2686 RS 

1 ment activities that the State carries out under 

2 title II of the Elementary and Secondary Edu3 cation Act of 1965 and title II of the Higher 

4 Education Act of 1965;’’; 

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

6 for’’ and inserting ‘‘supporting’’; 

7 (E) in paragraph (5), by striking ‘‘non8 traditional training and employment’’ and in9 serting ‘‘nontraditional fields in emerging and 

10 established professions, and other activities that 

11 expose students, including special populations, 

12 to high skill, high wage occupations’’; 

13 (F) in paragraph (6)— 

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

15 ‘‘labor organizations,’’; and 

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

17 pathways, as described in section 

18 122(c)(1)(A)’’ after ‘‘skills’’; 

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

20 after the semicolon; 

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

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

23 occupations; and’’; and 

24 (I) by adding at the end the following: 
77 

•S 2686 RS 

1 ‘‘(9) technical assistance for eligible recipi2 ents.’’; 

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

4 following: 

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

6 activities described in subsection (a) may include— 

7 ‘‘(1) improvement of career guidance and aca8 demic counseling programs that assist students in 

9 making informed academic, and career and technical 

10 education, decisions, including encouraging sec11 ondary and postsecondary students to graduate with 

12 a diploma or degree, and expose students to high 

13 skill, high wage occupations and nontraditional fields 

14 in emerging and established professions; 

15 ‘‘(2) establishment of agreements, including ar16 ticulation agreements, between secondary and post17 secondary career and technical education programs 

18 in order to provide postsecondary education and 

19 training opportunities for students participating in 

20 such career and technical education programs, such 

21 as tech-prep programs; 

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

23 organizations, especially with respect to efforts to in24 crease the participation of students who are mem25 bers of special populations; 
78 

•S 2686 RS 

1 ‘‘(4) support for public charter schools oper2 ating secondary career and technical education pro3 grams; 

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

5 programs that offer experience in, and under6 standing of, all aspects of an industry for which stu7 dents are preparing to enter; 

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

9 programs; 

10 ‘‘(7) support for partnerships between edu11 cation and business or business intermediaries, in12 cluding cooperative education and adjunct faculty 

13 arrangements at the secondary and postsecondary 

14 levels; 

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

16 and technical education courses and initiatives, in17 cluding career clusters, career academies, and dis18 tance learning, that prepare individuals academically 

19 and technically for high skill, high wage, or high de20 mand occupations; 

21 ‘‘(9) awarding incentive grants to eligible recipi22 ents for exemplary performance in carrying out pro23 grams under this Act, which awards shall be based 

24 on local performance indicators, as described in sec-
79 

•S 2686 RS 

1 tion 113, in accordance with previously publicly dis2 closed priorities; 

3 ‘‘(10) providing career and technical education 

4 programs for adults and school dropouts to complete 

5 their secondary school education; 

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

7 have participated in services and activities under 

8 this title, in finding an appropriate job and con9 tinuing their education or training through collabo10 ration with the workforce investment system estab11 lished under the Workforce Investment Act of 1998 

12 (29 U.S.C. 2801 et seq.); 

13 ‘‘(12) developing valid and reliable assessments 

14 of technical skills that are integrated with industry 

15 certification assessments where available; 

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

17 collect and analyze data on secondary and postsec18 ondary academic and employment outcomes; 

19 ‘‘(14) improving— 

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

22 principals, administrators, and career guidance 

23 and academic counselors, including individuals 

24 in groups underrepresented in the teaching pro25 fession; and 
80 

•S 2686 RS 

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

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

4 self-sufficiency standard.’’; and 

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

6 and inserting ‘‘112(a)(2)(A)’’. 

7 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY 

8 SCHOOL PROGRAMS. 

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

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

11 appears and inserting ‘‘career’’; 

12 (2) by striking subsection (a); 

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

14 as subsections (a) through (h), respectively; 

15 (4) in subsection (a) (as redesignated by para16 graph (3) of this section)— 

17 (A) in the subsection heading, by striking 

18 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC19 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS20 TRIBUTION RULES’’; and 

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

22 succeeding fiscal years’’; 

23 (5) in subsection (b) (as redesignated by para24 graph (3) of this section)— 
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•S 2686 RS 

1 (A) by striking ‘‘subsection (b)’’ and in2 serting ‘‘subsection (a)’’; and 

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

4 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’; 

5 (6) in subsection (e) (as redesignated by para6 graph (3) of this section), in the subsection heading, 

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

8 and 

9 (7) in subsection (g) (as redesignated by para10 graph (3) of this section), by striking ‘‘subsections 

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

12 (b), and (c)’’. 

13 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY 

14 CAREER AND TECHNICAL EDUCATION PRO15 GRAMS. 

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

17 the section heading and inserting the following: 

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

19 CAREER AND TECHNICAL EDUCATION PRO20 GRAMS.’’. 

21 SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL 

22 EDUCATION. 

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

24 (1) by striking the section heading and insert25 ing the following: 
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1 ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL 

2 EDUCATION.’’; 

3 and 

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

5 term appears and inserting ‘‘career’’. 

6 SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDU7 CATION PROGRAMS. 

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

9 (1) by striking the section heading and insert10 ing the following: 

11 ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDU12 CATION PROGRAMS.’’; 

13 and 

14 (2) in subsection (b), by striking paragraphs 

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

16 ‘‘(1) describe how the career and technical edu17 cation programs required under section 135(b) will 

18 be carried out with funds received under this title; 

19 ‘‘(2) describe how the career and technical edu20 cation activities will be carried out with respect to 

21 meeting State and local adjusted levels of perform22 ance established under section 113; 

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

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

25 less than 1 of the career pathways described in 

26 section 122(c)(1)(A); 
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1 ‘‘(B) improve the academic and technical 

2 skills of students participating in career and 

3 technical education programs by strengthening 

4 the academic and career and technical edu5 cation components of such programs through 

6 the integration of challenging academics with 

7 career and technical education programs 

8 through a coherent sequence of courses to en9 sure learning in the core academic subjects, and 

10 career and technical education subjects; 

11 ‘‘(C) provide students with strong experi12 ence in and understanding of all aspects of an 

13 industry; and 

14 ‘‘(D) ensure that students who participate 

15 in such career and technical education pro16 grams are taught to the same challenging aca17 demic proficiencies as are taught for all other 

18 students; 

19 ‘‘(4) describe how comprehensive professional 

20 development will be provided that is consistent with 

21 section 122; 

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

23 and career and technical education teachers, faculty, 

24 principals, administrators, career guidance and aca25 demic counselors, representatives of tech-prep con-
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1 sortia (if applicable), representatives of business (in2 cluding small business) and industry, labor organiza3 tions, representatives of special populations, and 

4 other interested individuals are involved in the devel5 opment, implementation, and evaluation of career 

6 and technical education programs assisted under 

7 this title, and how such individuals and entities are 

8 effectively informed about, and assisted in, under9 standing, the requirements of this title, including ca10 reer pathways; 

11 ‘‘(6) provide assurances that the eligible recipi12 ent will provide a career and technical education 

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

14 bring about improvement in the quality of career 

15 and technical education programs; 

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

17 evaluate and continuously improve the performance 

18 of the eligible recipient; 

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

20 ‘‘(A) will review career and technical edu21 cation programs, and identify and adopt strate22 gies to overcome barriers that result in lowering 

23 rates of access to or lowering success in the 

24 programs, for special populations; and 
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1 ‘‘(B) will provide programs that are de2 signed to enable the special populations to meet 

3 the local adjusted levels of performance and 

4 prepare for high skill, high wage, or high de5 mand occupations, including those that will lead 

6 to self-sufficiency; 

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

8 of special populations will not be discriminated 

9 against on the basis of their status as members of 

10 the special populations; 

11 ‘‘(10) describe how funds will be used to pro12 mote preparation for nontraditional fields; 

13 ‘‘(11) describe how career guidance and aca14 demic counseling will be provided to all career and 

15 technical education students; and 

16 ‘‘(12) describe efforts to improve the recruit17 ment and retention of career and technical education 

18 teachers, faculty, counselors, principals, and admin19 istrators, including individuals in groups underrep20 resented in the teaching profession, and the transi21 tion to teaching from business and industry.’’. 

22 SEC. 118. LOCAL USES OF FUNDS. 

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

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

25 and inserting ‘‘career’’; 
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1 (2) in subsection (b)— 

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

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

4 and 

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

6 and inserting the following: 

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

8 technical education skills of students participating in 

9 career and technical education programs by 

10 strengthening the academic and career and technical 

11 education components of such programs through the 

12 integration of academics with career and technical 

13 education programs through a coherent sequence of 

14 courses, such as career pathways described in sec15 tion 122(c)(1)(A), to ensure learning in the core 

16 academic subjects and career and technical edu17 cation subjects; 

18 ‘‘(2) link secondary career and technical edu19 cation and postsecondary career and technical edu20 cation, including by— 

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

22 less than 1 career pathway described in section 

23 122(c)(1)(A); 
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1 ‘‘(B) developing and supporting articula2 tion agreements between secondary and postsec3 ondary institutions; or 

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

5 consortia; 

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

7 and understanding of all aspects of an industry; 

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

9 technology in career and technical education, which 

10 may include— 

11 ‘‘(A) training of career and technical edu12 cation teachers, faculty, principals, and admin13 istrators to use technology, including distance 

14 learning; or 

15 ‘‘(B) encouraging schools to collaborate 

16 with technology industries to offer voluntary in17 ternships and mentoring programs; 

18 ‘‘(5) provide professional development programs 

19 that are consistent with section 122 to secondary 

20 and postsecondary teachers, faculty, principals, ad21 ministrators, and career guidance and academic 

22 counselors who are involved in integrated career and 

23 technical education programs, including— 

24 ‘‘(A) in-service and pre-service training— 
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1 ‘‘(i) in career and technical education 

2 programs and techniques; 

3 ‘‘(ii) in effective integration of chal4 lenging academic and career and technical 

5 education jointly with academic teachers, 

6 to the extent practicable; 

7 ‘‘(iii) in effective teaching skills based 

8 on research that includes promising prac9 tices; and 

10 ‘‘(iv) in effective practices to improve 

11 parental and community involvement; 

12 ‘‘(B) support of education programs that 

13 provide information on all aspects of an indus14 try; 

15 ‘‘(C) internship programs that provide rel16 evant business experience; and 

17 ‘‘(D) programs dedicated to the effective 

18 use of instructional technology; 

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

20 career and technical education programs carried out 

21 with funds under this title, including an assessment 

22 of how the needs of special populations are being 

23 met; 
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1 ‘‘(7) initiate, improve, expand, and modernize 

2 quality career and technical education programs, in3 cluding relevant technology; 

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

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

6 ‘‘(9) provide activities to prepare special popu7 lations, including single parents and displaced home8 makers, for high skill, high wage, or high demand 

9 occupations, including those that will lead to self10 sufficiency.’’; and 

11 (3) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘voca13 tional’’ and inserting ‘‘career’’; and 

14 (B) by striking paragraphs (2) through 

15 (15) and inserting the following: 

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

17 counseling that is based on current labor market in18 dicators, as provided pursuant to section 118, for 

19 students participating in career and technical edu20 cation programs that— 

21 ‘‘(A) improves graduation rates and pro22 vides information on postsecondary and career 

23 options for secondary students, which activities 

24 may include the use of graduation and career 

25 plans; and 
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1 ‘‘(B) provides assistance for postsecondary 

2 students, including for adult students who are 

3 changing careers or updating skills; 

4 ‘‘(3) for partnerships between the eligible recipi5 ent and businesses, including small businesses and 

6 business intermediaries, including for— 

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

8 such as internships, cooperative education, 

9 school-based enterprises, entrepreneurship, and 

10 job shadowing that are related to career and 

11 technical education programs; 

12 ‘‘(B) adjunct faculty arrangements at the 

13 secondary and postsecondary levels; and 

14 ‘‘(C) industry experience for teachers and 

15 faculty; 

16 ‘‘(4) to provide programs for special popu17 lations; 

18 ‘‘(5) to assist career and technical student orga19 nizations; 

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

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

22 adapting instructional equipment; 

23 ‘‘(8) for teacher preparation programs that ad24 dress the integration of academic and career and 

25 technical education and that assist individuals who 
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1 are interested in becoming career and technical edu2 cation teachers and faculty, including individuals 

3 with experience in business and industry; 

4 ‘‘(9) to develop and expand postsecondary pro5 gram offerings at times and in formats that are con6 venient and accessible for working students, includ7 ing through the use of distance education; 

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

9 and technical education courses, including develop10 ment of new career pathways; 

11 ‘‘(11) to develop and support small, personal12 ized career-themed learning communities; 

13 ‘‘(12) to provide support for family and con14 sumer sciences programs; 

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

16 programs for adults and school dropouts to complete 

17 their secondary school education or upgrade their 

18 technical skills; 

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

20 have participated in services and activities under 

21 this title in finding an appropriate job and con22 tinuing their education or training through collabo23 ration with the workforce investment system estab24 lished under the Workforce Investment Act of 1998 

25 (29 U.S.C. 2801 et seq.); 
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1 ‘‘(15) to support activities in nontraditional 

2 fields, such as mentoring and outreach; and 

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

4 education activities that are consistent with the pur5 pose of this Act.’’. 

6 SEC. 119. TECH-PREP EDUCATION. 

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

8 seq.) is amended— 

9 (1) by striking the title heading and inserting 

10 the following: 

11 ‘‘PART D—TECH-PREP EDUCATION’’; 

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

13 and 

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

15 and 208, as sections 141, 142, 143, and 144, re16 spectively. 

17 (b) STATE ALLOTMENT AND APPLICATION.—Section 

18 141 (as redesignated by subsection (a) of this section) is 

19 amended— 

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

21 and inserting ‘‘section 144’’; and 

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

23 following: 

24 ‘‘(c) STATE APPLICATION.—Each eligible agency de25 siring assistance under this part shall submit an applica-
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1 tion to the Secretary at such time, in such manner, and 

2 accompanied by such information as the Secretary may 

3 require. Such application shall describe how activities 

4 under this part will be coordinated, to the extent prac5 ticable, with activities described in section 122.’’. 

6 (c) TECH-PREP EDUCATION.—Section 142 (as redes7 ignated by subsection (a) of this section) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘section 203’’ and in11 serting ‘‘section 141’’; 

12 (ii) by striking ‘‘title’’ and inserting 

13 ‘‘part’’; 

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

15 places the term appears and inserting ‘‘ca16 reer’’; and 

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

18 ‘‘, educational service agency,’’ after ‘‘in19 termediate educational agency’’; and 

20 (B) in paragraph (2)— 

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

22 ‘‘and’’; 

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

24 the period at the end and inserting a semi25 colon; and 
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1 (iii) by adding at the end the fol2 lowing: 

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

4 or business intermediaries; and 

5 ‘‘(D) labor organizations.’’; 

6 (2) in subsection (c)— 

7 (A) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) consist of not less than 2 years of sec10 ondary school with a common core of technical skills 

11 and core academic subjects preceding graduation 

12 and 2 years or more of higher education, or an ap13 prenticeship program of not less than 2 years fol14 lowing secondary instruction, designed to lead to 

15 technical skill proficiency, a credential, a certificate, 

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

17 (B) in paragraph (3)(B), by inserting ‘‘in18 cluding through the use of articulation agree19 ments, and’’ after ‘‘career fields,’’; 

20 (C) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) include in-service professional development 

23 for teachers, faculty, principals, and administrators 

24 that— 
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1 ‘‘(A) supports effective implementation of 

2 tech-prep programs; 

3 ‘‘(B) supports joint training in the tech4 prep consortium; 

5 ‘‘(C) supports the needs, expectations, and 

6 methods of business and all aspects of an in7 dustry; 

8 ‘‘(D) supports the use of contextual and 

9 applied curricula, instruction, and assessment; 

10 ‘‘(E) supports the use and application of 

11 technology; and 

12 ‘‘(F) assists in accessing and utilizing 

13 data, including labor market indicators, achieve14 ment, and assessments;’’; 

15 (D) in paragraph (5)— 

16 (i) by striking ‘‘training’’ and insert17 ing ‘‘professional development’’; 

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

19 ‘‘, which may include through the use of 

20 graduation and career plans’’ after ‘‘pro21 grams’’; 

22 (iii) in subparagraph (D), by striking 

23 ‘‘and’’; 

24 (iv) in subparagraph (E), by inserting 

25 ‘‘and’’ after the semicolon; and 
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1 (v) by adding at the end the following: 

2 ‘‘(F) provide comprehensive career guid3 ance and academic counseling to participating 

4 students, including special populations;’’; 

5 (E) in paragraph (6)— 

6 (i) by inserting ‘‘(including pre-ap7 prenticeship programs)’’ after ‘‘programs’’; 

8 and 

9 (ii) by striking ‘‘and’’ after the semi10 colon; 

11 (F) in paragraph (7), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(8) coordinate with activities conducted under 

15 title I.’’; and 

16 (3) in subsection (d)— 

17 (A) in paragraph (2), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (3), by striking the pe20 riod at the end and inserting a semicolon; and 

21 (C) by adding at the end the following: 

22 ‘‘(4) improve career guidance and academic 

23 counseling for participating students through the de24 velopment and implementation of graduation and ca25 reer plans; and 
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1 ‘‘(5) develop curriculum that supports effective 

2 transitions between secondary and postsecondary ca3 reer and technical education programs.’’. 

4 (d) CONSORTIUM APPLICATIONS.—Section 143 (as 

5 redesignated by subsection (a) of this section) is amend6 ed— 

7 (1) in subsection (a), by striking ‘‘title’’ and in8 serting ‘‘part’’; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and 

11 (B) by striking ‘‘title’’ and inserting 

12 ‘‘part’’; 

13 (3) in subsection (d)— 

14 (A) in paragraph (1), by inserting ‘‘or ad15 vanced’’ after ‘‘baccalaureate’’; 

16 (B) by striking paragraph (4) and insert17 ing the following: 

18 ‘‘(4) provide education and training in areas or 

19 skills, including emerging technology, in which there 

20 are significant workforce shortages based on the 

21 data provided by the entity in the State under sec22 tion 118;’’; 

23 (C) in paragraph (5), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (D) by adding at the end the following: 
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1 ‘‘(6) demonstrate success in, or provide assur2 ances of, coordination and integration with eligible 

3 recipients described in part C.’’; and 

4 (4) in subsection (e), by striking ‘‘title’’ and in5 serting ‘‘part’’. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 144 (as redesignated by subsection (a) of this section) is 

8 amended— 

9 (1) by striking ‘‘title (other than section 207)’’ 

10 and inserting ‘‘part’’; and 

11 (2) by striking ‘‘1999 and each of the 4’’ and 

12 inserting ‘‘2005 and each of the 5’’. 

13 TITLE II—GENERAL PROVISIONS 

14 SEC. 201. REDESIGNATION OF TITLE. 

15 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title 

16 III (20 U.S.C. 2391 et seq.) is amended by redesignating 

17 sections 311 through 318 as sections 211 through 218, 

18 respectively. 

19 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III 

20 (20 U.S.C. 2391 et seq.) is amended by redesignating sec21 tions 321 through 325 as sections 221 through 225, re22 spectively. 

23 (c) TITLE HEADING.—The title heading of title III 

24 (20 U.S.C. 2391 et seq.) is amended to read as follows: 
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1 ‘‘TITLE II—GENERAL 

2 PROVISIONS’’. 

3 SEC. 202. FISCAL REQUIREMENTS. 

4 Section 211 (as redesignated by section 201 of this 

5 Act) is amended— 

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

7 appears and inserting ‘‘career’’; and 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) DETERMINATION.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraphs (B) and (C), no payments shall 

14 be made under this Act for any fiscal year to 

15 a State for career and technical education pro16 grams or tech-prep programs unless the Sec17 retary determines that the average fiscal effort 

18 per student or the aggregate expenditures of 

19 such State for career and technical education 

20 programs for the 3 fiscal years preceding the 

21 fiscal year for which the determination is made, 

22 equaled or exceeded such effort or expenditures 

23 for career and technical education programs, 

24 for the 3 fiscal years preceding the fiscal year 

25 for which the determination is made. 
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1 ‘‘(B) COMPUTATION.—In computing the 

2 average fiscal effort or aggregate expenditures 

3 pursuant to subparagraph (A), the Secretary 

4 shall exclude capital expenditures, special one5 time project costs, and the cost of pilot pro6 grams. 

7 ‘‘(C) DECREASE IN FEDERAL SUPPORT.— 

8 If the amount made available for career and 

9 technical education programs under this Act for 

10 a fiscal year is less than the amount made 

11 available for career and technical education pro12 grams under this Act for the preceding fiscal 

13 year, then the average fiscal effort per student 

14 or the aggregate expenditures of a State re15 quired by subparagraph (A) for the 3 preceding 

16 fiscal years shall be decreased by the same per17 centage as the percentage decrease in the 

18 amount so made available.’’; and 

19 (B) in paragraph (2), by striking ‘‘fiscal 

20 effort’’ both places the term appears and insert21 ing ‘‘average fiscal effort’’. 

22 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION. 

23 Section 214 (as redesignated by section 201 of this 

24 Act) is amended by striking ‘‘vocational’’ both places the 

25 term appears and inserting ‘‘career’’. 
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1 SEC. 204. LIMITATION FOR CERTAIN STUDENTS. 

2 Section 215 (as redesignated by section 201 of this 

3 Act) is amended by striking ‘‘vocational’’ and inserting 

4 ‘‘career’’. 

5 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION 

6 OF PRIVATE SCHOOL PERSONNEL. 

7 Part A of title II (as redesignated by section 201 of 

8 this Act) is amended— 

9 (1) by striking section 217; 

10 (2) by redesignating section 218 as section 217; 

11 and 

12 (3) in section 217 (as redesignated by para13 graph (2) of this section)— 

14 (A) by inserting ‘‘principals,’’ after ‘‘for 

15 vocational and technical education teachers,’’; 

16 (B) by inserting ‘‘principals,’’ after ‘‘of vo17 cational and technical education teachers,’’; and 

18 (C) by striking ‘‘vocational’’ each place the 

19 term appears and inserting ‘‘career’’. 

20 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL 

21 PROGRAMS. 

22 Section 225(c) (as redesignated by section 201 of this 

23 Act) is amended— 

24 (1) in the subsection heading, by striking ‘‘VO25 CATIONAL’’ and inserting ‘‘CAREER’’; and 
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1 (2) by striking ‘‘vocational’’ both places the 

2 term appears and inserting ‘‘career’’. 

3 SEC. 207. TABLE OF CONTENTS. 

4 Section 1(b) (20 U.S.C. 2301 note) is amended to 

5 read as follows: 

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

7 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. 

‘‘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. 
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‘‘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. 

‘‘Sec. 224. Limitation on Federal regulations. 

‘‘Sec. 225. Student assistance and other Federal programs.’’. 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Carl 

3 D. Perkins Career and Technical Education Improvement 

4 Act of 2004’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

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. 
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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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Carl D. Perkins Vocational and Tech7 nical Education Act of 1998 (20 U.S.C. 2301 et seq.). 

8 SEC. 3. PURPOSE. 

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

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

11 appears and inserting ‘‘career’’; 

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

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

14 students in meeting such standards, especially in 
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1 preparation for high skill, high wage, or high demand 

2 occupations in emerging or established professions’’; 

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

4 after ‘‘integrate’’; 

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

6 semicolon; 

7 (5) in paragraph (4)— 

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

9 ‘‘disseminating national’’; 

10 (B) by inserting ‘‘disseminating informa11 tion on best practices,’’ after ‘‘national re12 search,’’; and 

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

14 inserting a semicolon; and 

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

16 ‘‘(5) promoting leadership and professional de17 velopment at the State and local levels, and devel18 oping research and best practices for improving the 

19 quality of career and technical education teachers, 

20 faculty, principals, administrators, and counselors; 

21 ‘‘(6) supporting partnerships among secondary 

22 schools, postsecondary institutions, area career tech23 nical centers, business and industry, professional as24 sociations, and intermediaries; and 
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1 ‘‘(7) developing a highly skilled workforce needed 

2 to keep America competitive in the global economy in 

3 conjunction with other Federal education and train4 ing programs, including workforce investment pro5 grams, that provide lifelong learning for the workforce 

6 of today and tomorrow.’’. 

7 SEC. 4. DEFINITIONS. 

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

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

10 employment statistics and information relating to na11 tional, regional, and local labor market areas, as pro12 vided pursuant to section 118, and career ladder in13 formation, where appropriate’’ after ‘‘to enter’’; 

14 (2) in paragraph (3)— 

15 (A) in the paragraph heading, by striking 

16 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; and 

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

18 term appears and inserting ‘‘career’’; 

19 (3) by striking paragraph (4); 

20 (4) by redesignating paragraphs (5) through (30) 

21 as paragraphs (10) through (35), respectively; 

22 (5) by inserting after paragraph (3) the fol23 lowing: 

24 ‘‘(4) ARTICULATION AGREEMENT.—The term ‘ar25 ticulation agreement’ means a written commitment, 
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1 approved annually by the relevant administrators of 

2 the secondary and postsecondary institutions, to a 

3 program that is designed to provide students with a 

4 nonduplicative sequence of progressive achievement 

5 leading to technical skill proficiency, a credential, a 

6 certificate, or a degree, and linked through credit 

7 transfer agreements. 

8 ‘‘(5) CAREER AND TECHNICAL EDUCATION.—The 

9 term ‘career and technical education’ means orga10 nized educational activities that— 

11 ‘‘(A) offer a sequence of courses (which may 

12 include technical learning experiences) that— 

13 ‘‘(i) provides individuals with the chal14 lenging academic and technical knowledge 

15 and skills the individuals need to prepare 

16 for further education and for careers in 

17 emerging and established professions; and 

18 ‘‘(ii) may lead to technical skill pro19 ficiency, a credential, a certificate, or a de20 gree; and 

21 ‘‘(B) include competency-based applied 

22 learning that contributes to the academic knowl23 edge, higher-order reasoning and problem-solving 

24 skills, work attitudes, general employability 
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1 skills, technical skills, and occupation-specific 

2 skills, of an individual. 

3 ‘‘(6) CAREER AND TECHNICAL EDUCATION STU4 DENT.—The term ‘career and technical education stu5 dent’ means a student who enrolls in a clearly defined 

6 sequence of career and technical education courses 

7 (which may include technical learning experiences) 

8 leading to attainment of technical skill proficiency, a 

9 credential, a certificate, or a degree. 

10 ‘‘(7) CAREER AND TECHNICAL STUDENT ORGANI11 ZATION.— 

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

13 technical student organization’ means an organi14 zation for individuals enrolled in a career and 

15 technical education program that engages in ca16 reer and technical education activities as an in17 tegral part of the instructional program. 

18 ‘‘(B) STATE AND NATIONAL UNITS.—An or19 ganization described in subparagraph (A) may 

20 have State and national units that aggregate the 

21 work and purposes of instruction in career and 

22 technical education at the local level. 

23 ‘‘(8) CAREER GUIDANCE AND ACADEMIC COUN24 SELING.—The term ‘career guidance and academic 

25 counseling’ means providing access to information re-
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1 garding career awareness and planning with respect 

2 to an individual’s occupational and academic future 

3 that shall involve guidance and counseling with re4 spect to career options, financial aid, and postsec5 ondary options. 

6 ‘‘(9) CAREER PATHWAY.—The term ‘career path7 way’ means a coordinated and nonduplicative se8 quence of courses (which may include technical learn9 ing experiences) and associated credits that— 

10 ‘‘(A) shall identify both secondary and post11 secondary education elements; 

12 ‘‘(B) shall include challenging academic 

13 and career and technical education content; 

14 ‘‘(C) may include the opportunity for sec15 ondary students to participate in dual or con16 current enrollment programs or other ways to 

17 acquire postsecondary credits; and 

18 ‘‘(D) may culminate in technical skill pro19 ficiency, a credential, a certificate, or a degree.’’; 

20 (6) in paragraph (10) (as redesignated by para21 graph (4) of this section), by striking ‘‘5206’’ and in22 serting ‘‘5210’’; 

23 (7) by redesignating paragraphs (11) through 

24 (35) (as redesignated by paragraph (4) of this sec25 tion) as paragraphs (12) through (36), respectively; 
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1 (8) by inserting after paragraph (10) (as redes2 ignated by paragraph (4) of this section) the fol3 lowing: 

4 ‘‘(11) COMMUNITY COLLEGE.—The term ‘commu5 nity college’— 

6 ‘‘(A) means an institution of higher edu7 cation, as defined in section 101 of the Higher 

8 Education Act of 1965, that provides not less 

9 than a 2-year program that is acceptable for full 

10 credit toward a baccalaureate degree; and 

11 ‘‘(B) includes tribally controlled colleges or 

12 universities.’’; 

13 (9) in paragraph (12) (as redesignated by para14 graph (7) of this section)— 

15 (A) by striking ‘‘method of instruction’’ and 

16 inserting ‘‘method’’; and 

17 (B) by striking ‘‘vocational’’ and inserting 

18 ‘‘career’’; 

19 (10) by redesignating paragraphs (13) through 

20 (36) (as redesignated by paragraph (7) of this sec21 tion) as paragraphs (14) through (37), respectively; 

22 (11) by inserting after paragraph (12) the fol23 lowing: 

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

25 ‘core academic subjects’ has the meaning given the 
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1 term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965, except that under this 

3 Act such subjects included in such term shall be only 

4 those subjects in a secondary school context.’’; 

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

6 paragraph (10) of this section), by striking ‘‘voca7 tional’’ both places the term appears and inserting 

8 ‘‘career’’; 

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

10 paragraph (10) of this section)— 

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

12 institution of higher education’’ and inserting ‘‘a 

13 public or nonprofit private institution of higher 

14 education that offers career and technical edu15 cation courses that lead to technical skill pro16 ficiency, an industry-recognized credential, a 

17 certificate, or a degree’’; and 

18 (B) in subparagraph (C), by striking ‘‘voca19 tional’’ and inserting ‘‘career’’; 

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

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

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

23 a public charter school that operates as a local edu24 cational agency), an area career’’; 
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1 (15) by redesignating paragraphs (20) through 

2 (37) (as redesignated by paragraph (10) of this sec3 tion) as paragraphs (21) through (38), respectively; 

4 (16) by inserting after paragraph (19) (as redes5 ignated by paragraph (10) of this section) the fol6 lowing: 

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

8 term ‘graduation and career plan’ means a written 

9 plan for a secondary career and technical education 

10 student, that— 

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

12 academic counseling or other professional staff, 

13 and in consultation with parents, not later than 

14 in the first year of secondary school or upon en15 rollment in career and technical education; 

16 ‘‘(B) is reviewed annually and modified as 

17 needed; 

18 ‘‘(C) includes relevant information on— 

19 ‘‘(i) secondary school requirements for 

20 graduating with a diploma; 

21 ‘‘(ii) postsecondary education admis22 sion requirements; and 

23 ‘‘(iii) high skill, high wage, or high de24 mand occupations and nontraditional fields 
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1 in emerging and established professions, 

2 and labor market indicators; and 

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

4 graduation goals, postsecondary education and 

5 training, or employment goals, and identifies 1 

6 or more career pathways that correspond to the 

7 goals.’’; 

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

9 paragraph (15) of this section)— 

10 (A) in the paragraph heading, by striking 

11 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

12 ‘‘FIELDS’’; and 

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

14 and inserting ‘‘fields’’; 

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

16 paragraph (15) of this section), by striking ‘‘the Com17 monwealth’’ and all that follows through the period 

18 and inserting ‘‘and the Commonwealth of the North19 ern Mariana Islands.’’; 

20 (19) by redesignating paragraphs (31) through 

21 (38) (as redesignated by paragraph (15) of this sec22 tion) as paragraphs (32) through (39), respectively; 

23 (20) by inserting after paragraph (30) (as redes24 ignated by paragraph (15) of this section) the fol25 lowing: 
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1 ‘‘(31) SELF-SUFFICIENCY.—The term ‘self-suffi2 ciency’ means a standard that is adopted, calculated, 

3 or commissioned by a local area or State, and which 

4 adjusts for local factors in specifying the income needs 

5 of families, by family size, the number and ages of 

6 children in the family, and sub-State geographical 

7 considerations.’’; 

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

9 paragraph (19) of this section)— 

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

11 ‘‘training and employment’’ and inserting 

12 ‘‘fields’’; and 

13 (B) in subparagraph (F), by striking ‘‘indi14 viduals with other barriers to educational 

15 achievement, including’’; 

16 (22) in paragraph (34) (as redesignated by 

17 paragraph (19) of this section) by striking ‘‘, and in18 structional aids and devices’’ and inserting ‘‘instruc19 tional aids, and work supports’’; 

20 (23) by striking paragraph (35) (as redesignated 

21 by paragraph (19) of this section) and inserting the 

22 following: 

23 ‘‘(35) TECH-PREP PROGRAM.—The term ‘tech24 prep program’ means a program of study that— 
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1 ‘‘(A) combines at a minimum 2 years of 

2 secondary education (as determined under State 

3 law) with a minimum of 2 years of postsec4 ondary education in a nonduplicative, sequential 

5 course of study; 

6 ‘‘(B) integrates academic and career and 

7 technical education instruction, and utilizes 

8 work-based and worksite learning where appro9 priate and available; 

10 ‘‘(C) provides technical preparation in a ca11 reer field, including high skill, high wage, or 

12 high demand occupations; 

13 ‘‘(D) builds student competence in technical 

14 skills and in core academic subjects, as appro15 priate, through applied, contextual, and inte16 grated instruction, in a coherent sequence of 

17 courses (which may include technical learning 

18 experiences); 

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

20 credential, a certificate, or a degree, in a specific 

21 career field; 

22 ‘‘(F) leads to placement in appropriate em23 ployment or to further education; and 

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

25 practicable.’’; 
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1 (24) in paragraph (37) (as redesignated by 

2 paragraph (19) of this section)— 

3 (A) in the paragraph heading, by striking 

4 ‘‘VOCATIONAL’’ and inserting ‘‘CAREER’’; 

5 (B) in the matter preceding subparagraph 

6 (A)— 

7 (i) by striking ‘‘vocational’’ and insert8 ing ‘‘career’’; 

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

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

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

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

13 (C) in subparagraph (F), by striking ‘‘voca14 tional’’ and inserting ‘‘career’’; and 

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

16 redesignated by paragraph (19) of this section). 

17 SEC. 5. TRANSITION PROVISIONS. 

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

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

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

21 inserting ‘‘this Act, as this Act was in effect on the day 

22 before the date of enactment of the Carl D. Perkins Career 

23 and Technical Education Improvement Act of 2004. Each 

24 eligible agency shall be assured a full fiscal year for transi-
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1 tion to plan for and implement the requirements of this 

2 Act.’’. 

3 SEC. 6. LIMITATION. 

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

5 second sentence. 

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

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

9 of title I’’; and 

10 (2) by striking ‘‘1999 through 2003’’ and insert11 ing ‘‘2005 through 2010’’. 

12 TITLE I—CAREER AND TECH13 NICAL EDUCATION ASSIST14 ANCE TO THE STATES 

15 SEC. 101. CAREER AND TECHNICAL EDUCATION ASSIST16 ANCE TO THE STATES. 

17 Title I (20 U.S.C. 2321 et seq.) is amended by striking 

18 the title heading and inserting the following: 

19 ‘‘TITLE I—CAREER AND TECH20 NICAL EDUCATION ASSIST21 ANCE TO THE STATES’’. 

22 SEC. 102. RESERVATIONS AND STATE ALLOTMENT. 

23 Section 111(a) (20 U.S.C. 2321(a)) is amended— 
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1 (1) in paragraph (1)(C), by striking ‘‘2001 

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

3 not more than’’; 

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

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

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

7 paragraph (5),’’; 

8 (3) in paragraph (3)— 

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

10 in the case’’ and all that follows through 

11 ‘‘1998)’’; and 

12 (B) in subparagraph (C)— 

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

14 the case’’ and all that follows through 

15 ‘‘1998)’’; and 

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

17 in the case’’ and all that follows through 

18 ‘‘1998)’’; and 

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

20 ‘‘(5) FORMULA FOR AMOUNTS IN EXCESS OF THE

21 FISCAL YEAR 2004 FUNDING LEVEL.— 

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

23 which the remainder of the sums appropriated 

24 under section 8 and not reserved under para25 graph (1) exceeds the remainder of the sums ap-
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1 propriated under section 8 and not reserved 

2 under paragraph (1) for fiscal year 2004, such 

3 excess amount shall be allotted to the States ac4 cording to the formula under subparagraphs (A) 

5 through (D) of paragraph (2). 

6 ‘‘(B) MINIMUM ALLOTMENT.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 any other provision of law and subject to 

9 clause (ii), no State shall receive for a fiscal 

year under this paragraph less than 1 10 ⁄2 of 

11 1 percent of the excess amount described in 

12 subparagraph (A). 

13 ‘‘(ii) REQUIREMENT.—No State, by 

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

15 be allotted under this paragraph for a fiscal 

16 year more than the amount determined by 

17 multiplying— 

18 ‘‘(I) the number of individuals in 

19 the State counted under paragraph (2); 

20 by 

21 ‘‘(II) 185 percent of the national 

22 average per pupil payment made with 

23 the excess amount described in sub24 paragraph (A) for that year.’’. 
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1 SEC. 103. WITHIN STATE ALLOCATION. 

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

3 (1) in subsection (a)— 

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

5 after the semicolon; and 

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

7 inserting the following: 

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

9 ‘‘(A) State leadership activities described in 

10 section 124, of which— 

11 ‘‘(i) an amount determined by the eli12 gible agency shall be made available to serve 

13 individuals in State institutions, such as 

14 State correctional institutions and institu15 tions that serve individuals with disabil16 ities; and 

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

18 available for services that prepare individ19 uals for nontraditional fields; and 

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

21 which may be used for the costs of— 

22 ‘‘(i) developing the State plan; 

23 ‘‘(ii) reviewing the local plans; 

24 ‘‘(iii) monitoring and evaluating pro25 gram effectiveness; 
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1 ‘‘(iv) assuring compliance with all ap2 plicable Federal laws; 

3 ‘‘(v) providing technical assistance; 

4 and 

5 ‘‘(vi) supporting and developing State 

6 data systems relevant to the provisions of 

7 this Act.’’; 

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

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

10 ‘‘subsection (a)(2)(B)’’; and 

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

12 following: 

13 ‘‘(c) RESERVE.—From amounts made available under 

14 subsection (a)(1) to carry out this subsection, an eligible 

15 agency may— 

16 ‘‘(1) award grants to eligible recipients, or con17 sortia of eligible recipients, for career and technical 

18 education activities described in section 135 in— 

19 ‘‘(A) rural areas; or 

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

21 numbers of career and technical education stu22 dents; 

23 ‘‘(2) reserve funds, with the approval of partici24 pating eligible recipients, for— 
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1 ‘‘(A) innovative statewide initiatives that 

2 demonstrate benefits for eligible recipients, which 

3 may include— 

4 ‘‘(i) developing and implementing tech5 nical assessments; 

6 ‘‘(ii) improving the professional devel7 opment of career and technical education 

8 teachers, faculty, principals, and adminis9 trators; and 

10 ‘‘(iii) establishing, enhancing, and sup11 porting systems for accountability data col12 lection or reporting purposes; or 

13 ‘‘(B) the development and implementation 

14 of career pathways or career clusters; and 

15 ‘‘(3) carry out activities described in paragraphs 

16 (1) and (2).’’. 

17 SEC. 104. ACCOUNTABILITY. 

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

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

20 appears and inserting ‘‘career’’; 

21 (2) in subsection (a)— 

22 (A) by striking ‘‘a State performance ac23 countability system’’ and inserting ‘‘and support 

24 State and local performance accountability sys25 tems’’; and 
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1 (B) by inserting ‘‘and its eligible recipi2 ents’’ after ‘‘of the State’’; 

3 (3) in subsection (b)— 

4 (A) in paragraph (1)— 

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

6 ‘‘paragraph (2)(A)’’ and inserting ‘‘sub7 paragraphs (A) and (B) of paragraph (2)’’; 

8 and 

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

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

11 (B) in paragraph (2)— 

12 (i) by striking subparagraph (A) and 

13 inserting the following: 

14 ‘‘(A) CORE INDICATORS OF PERFORMANCE

15 FOR SECONDARY CAREER AND TECHNICAL EDU16 CATION STUDENTS.—Each eligible agency shall 

17 identify in the State plan core indicators of per18 formance for secondary 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 chal2 lenging academic content standards and 

3 student academic achievement standards, as 

4 adopted by the State under section 

5 1111(b)(1) of the Elementary and Sec6 ondary Education Act of 1965 and meas7 ured by the academic assessments described 

8 in section 1111(b)(3) of such Act, consistent 

9 with State requirements. 

10 ‘‘(iii) Student rates of attainment of— 

11 ‘‘(I) a secondary school diploma; 

12 ‘‘(II) the recognized equivalent of 

13 a secondary school diploma; 

14 ‘‘(III) technical skill proficiency; 

15 ‘‘(IV) a credential; 

16 ‘‘(V) a certificate; and 

17 ‘‘(VI) a degree. 

18 ‘‘(iv) Placement in postsecondary edu19 cation, military service, apprenticeship pro20 grams, or employment. 

21 ‘‘(v) Student participation in, and 

22 completion of, career and technical edu23 cation programs that lead to employment in 

24 nontraditional fields.’’; 
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1 (ii) by redesignating subparagraphs 

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

3 through (E), respectively; 

4 (iii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) CORE INDICATORS OF PERFORMANCE

7 FOR POSTSECONDARY CAREER AND TECHNICAL

8 STUDENTS.—Each eligible agency shall identify 

9 in the State plan core indicators of performance 

10 for postsecondary career and technical education 

11 students that include, at a minimum, measures 

12 of each of the following: 

13 ‘‘(i) Student achievement on technical 

14 assessments and attainment of career and 

15 technical skill proficiencies that are aligned 

16 with nationally recognized industry stand17 ards, if available and appropriate. 

18 ‘‘(ii) Student attainment of technical 

19 skill proficiency, a credential, a certificate, 

20 or a degree, or retention in postsecondary 

21 education, including transfer to a bacca22 laureate degree program. 

23 ‘‘(iii) Placement in military service, 

24 apprenticeship programs, or employment. 
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1 ‘‘(iv) Student participation in, and 

2 completion of, career and technical edu3 cation programs that lead to employment in 

4 nontraditional fields. 

5 ‘‘(v) Increase in earnings, where avail6 able.’’; 

7 (iv) in subparagraph (C) (as redesig8 nated by clause (ii) of this subparagraph), 

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

10 title, such as attainment of self-suffi11 ciency.’’; 

12 (v) in subparagraph (D) (as redesig13 nated by clause (ii) of this subparagraph), 

14 by inserting ‘‘career and technical edu15 cation’’ after ‘‘developed State’’; 

16 (vi) in subparagraph (E) (as redesig17 nated by clause (ii) of this subparagraph)— 

18 (I) by striking ‘‘this paragraph’’ 

19 and inserting ‘‘subparagraphs (A) and 

20 (B)’’; and 

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

22 inserting ‘‘recipients, and shall meet 

23 the requirements of this section.’’; and 

24 (vii) by adding at the end the fol25 lowing: 
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1 ‘‘(F) ALIGNMENT OF PERFORMANCE INDICA2 TORS.—In the course of identifying core indica3 tors of performance and additional indicators of 

4 performance, States shall, to the greatest extent 

5 possible, define the indicators so that substan6 tially similar information gathered for other 

7 State and Federal programs, or any other pur8 pose, is used to meet the requirements of this sec9 tion.’’; 

10 (C) in paragraph (3)— 

11 (i) in the paragraph heading, by strik12 ing ‘‘LEVELS’’ and inserting ‘‘STATE LEV13 ELS’’; 

14 (ii) in subparagraph (A)— 

15 (I) in clause (i)— 

16 (aa) by striking ‘‘paragraph 

17 (2)(A)’’ and inserting ‘‘subpara18 graphs (A) and (B) of paragraph 

19 (2)’’; 

20 (bb) by inserting ‘‘after tak21 ing into account the local adjusted 

22 levels of performance and’’ after 

23 ‘‘eligible agency,’’; and 

24 (cc) by striking subclause 

25 (II) and inserting the following: 
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1 ‘‘(II) require the eligible recipients 

2 to make continuous and significant 

3 improvement in career and technical 

4 achievement of career and technical 

5 education students, including special 

6 populations.’’; 

7 (II) in clause (v)— 

8 (aa) in the clause heading, 

9 by striking ‘‘3RD, 4TH, AND 5TH’’ 

10 and inserting ‘‘SUBSEQUENT’’; 

11 (bb) by striking ‘‘third pro12 gram year’’ and inserting ‘‘third 

13 and fifth program years’’; and 

14 (cc) by striking ‘‘third, 

15 fourth, and fifth’’ and inserting 

16 ‘‘corresponding subsequent’’; 

17 (III) in clause (vi)(II), by insert18 ing ‘‘and significant’’ after ‘‘contin19 uous’’; and 

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

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

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

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

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

25 ‘‘(4) LOCAL LEVELS OF PERFORMANCE.— 
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1 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER2 FORMANCE FOR CORE INDICATORS OF PERFORM3 ANCE.— 

4 ‘‘(i) IN GENERAL.—Each eligible re5 cipient shall accept the State adjusted levels 

6 of performance established under paragraph 

7 (3) as local adjusted levels of performance, 

8 or negotiate with the State to reach agree9 ment on new local adjusted levels of per10 formance, for each of the core indicators of 

11 performance described in subparagraphs (A) 

12 and (B) of paragraph (2) for career and 

13 technical education activities authorized 

14 under this title. The levels of performance 

15 established under this subparagraph shall, 

16 at a minimum— 

17 ‘‘(I) be expressed in a percentage 

18 or numerical form, so as to be objec19 tive, quantifiable, and measurable; and 

20 ‘‘(II) require the eligible recipient 

21 to make continuous and significant 

22 improvement in career and technical 

23 achievement of career and technical 

24 education students. 
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1 ‘‘(ii) IDENTIFICATION IN THE LOCAL

2 PLAN.—Each eligible recipient shall iden3 tify, in the local plan submitted under sec4 tion 134, levels of performance, as described 

5 in clause (i), for each of the core indicators 

6 of performance for the first 2 program years 

7 covered by the local plan. 

8 ‘‘(iii) AGREEMENT ON LOCAL AD9 JUSTED LEVELS OF PERFORMANCE FOR

10 FIRST 2 YEARS.—The eligible agency and 

11 each eligible recipient shall reach agree12 ment, as described in clause (i), on the eli13 gible recipient’s levels of performance for 

14 each of the core indicators of performance 

15 for the first 2 program years covered by the 

16 local plan, taking into account the levels 

17 identified in the local plan under clause (ii) 

18 and the factors described in clause (v). The 

19 levels of performance agreed to under this 

20 clause shall be considered to be the local ad21 justed levels of performance for the eligible 

22 recipient for such years and shall be incor23 porated into the local plan prior to the ap24 proval of such plan. 
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1 ‘‘(iv) AGREEMENT ON LOCAL AD2 JUSTED LEVELS OF PERFORMANCE FOR

3 SUBSEQUENT YEARS.—Prior to the third 

4 and fifth program years covered by the local 

5 plan, the eligible agency and each eligible 

6 recipient shall reach agreement on the local 

7 adjusted levels of performance for each of 

8 the core indicators of performance for the 

9 corresponding subsequent program years 

10 covered by the local plan, taking into ac11 count the factors described in clause (v). 

12 The local adjusted levels of performance 

13 agreed to under this clause shall be consid14 ered to be the local adjusted levels of per15 formance for the eligible recipient for such 

16 years and shall be incorporated into the 

17 local plan. 

18 ‘‘(v) FACTORS.—The agreement de19 scribed in clause (iii) or (iv) shall take into 

20 account— 

21 ‘‘(I) how the levels of performance 

22 involved compare with the local ad23 justed levels of performance established 

24 for other eligible recipients, taking into 

25 account factors including the charac-
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1 teristics of participants when the par2 ticipants entered the program and the 

3 services or instruction to be provided; 

4 and 

5 ‘‘(II) the extent to which the local 

6 adjusted levels of performance involved 

7 promote continuous and significant 

8 improvement on the core indicators of 

9 performance by the eligible recipient. 

10 ‘‘(vi) REVISIONS.—If unanticipated 

11 circumstances arise with respect to an eligi12 ble recipient resulting in a significant 

13 change in the factor described in clause 

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

15 that the local adjusted levels of performance 

16 agreed to under clause (iii) or (iv) be re17 vised. The eligible agency shall issue objec18 tive criteria and methods for making such 

19 revisions. 

20 ‘‘(B) LEVELS OF PERFORMANCE FOR ADDI21 TIONAL INDICATORS.—Each eligible recipient 

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

23 performance for any additional indicators of 

24 performance described in paragraph (2)(C). 
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1 Such levels shall be considered to be the local lev2 els of performance for purposes of this title. 

3 ‘‘(C) REPORT.—Each eligible recipient that 

4 receives an allocation under section 131 shall 

5 publicly report, on an annual basis, its progress 

6 in achieving the local adjusted levels of perform7 ance on the core indicators of performance.’’; and 

8 (4) by striking subsection (c)(1)(B) and insert9 ing: 

10 ‘‘(B) information on the levels of perform11 ance achieved by the State with respect to the 

12 additional indicators of performance, including 

13 the levels of performance disaggregated for post14 secondary institutions, by special populations, 

15 and for secondary institutions, by special popu16 lations and by the categories described in section 

17 1111(h)(1)(C)(i) of the Elementary and Sec18 ondary Education Act of 1965, except that such 

19 disaggregation shall not be required in a case in 

20 which the number of individuals in a category is 

21 insufficient to yield statistically reliable infor22 mation or the results would reveal personally 

23 identifiable information about an individual.’’. 

24 SEC. 105. NATIONAL ACTIVITIES. 

25 Section 114 (20 U.S.C. 2324) is amended— 
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1 (1) by striking ‘‘vocational’’ each place the term 

2 appears and inserting ‘‘career’’; 

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

4 an analysis of performance data regarding special 

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

6 of performance data that is disaggregated for postsec7 ondary institutions, by special populations, and for 

8 secondary institutions, by special populations and by 

9 the categories described in section 1111(h)(1)(C)(i) of 

10 the Elementary and Secondary Education Act of 

11 1965, except that such disaggregation shall not be re12 quired in a case in which the number of individuals 

13 in a category is insufficient to yield statistically reli14 able information or the results would reveal person15 ally identifiable information about an individual’’; 

16 (3) in subsection (c)— 

17 (A) by striking paragraph (2) and inserting 

18 the following: 

19 ‘‘(2) INDEPENDENT ADVISORY PANEL.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall ap21 point an independent advisory panel to advise 

22 the Secretary on the implementation of the as23 sessment described in paragraph (3), including 

24 the issues to be addressed and the methodology of 
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1 the studies involved to ensure that the assessment 

2 adheres to the highest standards of quality. 

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

4 consist of— 

5 ‘‘(i) educators, principals, and admin6 istrators (including State directors of career 

7 and technical education), with expertise in 

8 the integration of academic and career and 

9 technical education; 

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

11 and assessment; 

12 ‘‘(iii) representatives of labor organiza13 tions and businesses, including small busi14 nesses; 

15 ‘‘(iv) parents; 

16 ‘‘(v) career guidance and academic 

17 counseling professionals; and 

18 ‘‘(vi) other individuals and inter19 mediaries with relevant expertise. 

20 ‘‘(C) INDEPENDENT ANALYSIS.—The advi21 sory panel shall transmit to the Secretary and to 

22 the relevant committees of Congress an inde23 pendent analysis of the findings and rec24 ommendations resulting from the assessment de25 scribed in paragraph (3). 
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1 ‘‘(D) FACA.—The Federal Advisory Com2 mittee Act (5 U.S.C. App.) shall not apply to the 

3 panel established under this paragraph.’’; 

4 (B) in paragraph (3)— 

5 (i) by striking subparagraph (A) and 

6 inserting the following: 

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

8 available under subsection (d), the Secretary 

9 shall provide for the conduct of an independent 

10 evaluation and assessment of career and tech11 nical education programs under this Act, includ12 ing the implementation of the Carl D. Perkins 

13 Career and Technical Education Improvement 

14 Act of 2004, to the extent practicable, through 

15 studies and analyses conducted independently 

16 through grants, contracts, and cooperative agree17 ments that are awarded on a competitive basis.’’; 

18 (ii) in subparagraph (B)— 

19 (I) by striking clause (iii) and in20 serting the following: 

21 ‘‘(iii) the preparation and qualifica22 tions of teachers and faculty of career and 

23 technical education, as well as shortages of 

24 such teachers and faculty;’’; 
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1 (II) by striking clause (v) and in2 serting the following: 

3 ‘‘(v) academic and career and technical 

4 education achievement and employment out5 comes of career and technical education stu6 dents, including analyses of— 

7 ‘‘(I) the number of career and 

8 technical education students and tech9 prep students who meet the State ad10 justed levels of performance established 

11 under section 113; 

12 ‘‘(II) the extent and success of in13 tegration of challenging academic and 

14 career and technical education for stu15 dents participating in career and tech16 nical education programs; 

17 ‘‘(III) the extent to which career 

18 and technical education programs pre19 pare students, including special popu20 lations, for subsequent employment in 

21 high skill, high wage occupations, or 

22 participation in postsecondary edu23 cation; and 
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1 ‘‘(IV) the number of career and 

2 technical education students receiving 

3 a high school diploma;’’; 

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

5 ‘‘, and career and technical education 

6 students’ preparation for employment’’ 

7 after ‘‘programs’’; and 

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

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

10 such term appears; and 

11 (iii) in subparagraph (C)— 

12 (I) in clause (i)— 

13 (aa) by striking ‘‘Committee 

14 on Education’’ and all that fol15 lows through ‘‘Senate’’ and insert16 ing ‘‘relevant committees of Con17 gress’’; and 

18 (bb) by striking ‘‘2002’’ both 

19 places it appears and inserting 

20 ‘‘2008’’; and 

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

22 ‘‘Committee on Education’’ and all 

23 that follows through ‘‘Senate’’ and in24 serting ‘‘relevant committees of Con25 gress’’; 
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1 (C) in paragraph (4)(B), by striking ‘‘Com2 mittee on Education’’ and all that follows 

3 through ‘‘Senate’’ and inserting ‘‘relevant com4 mittees of Congress’’; 

5 (D) in paragraph (5)— 

6 (i) in subparagraph (A)— 

7 (I) in the matter preceding clause 

8 (i), by striking ‘‘higher education’’ and 

9 all that follows through ‘‘centers’’ and 

10 inserting ‘‘higher education offering 

11 comprehensive graduate programs in 

12 career and technical education that 

13 shall be the primary recipient and 

14 shall collaborate with a public or pri15 vate nonprofit organization or agency, 

16 or a consortium of such institutions, 

17 organizations, or agencies, to establish 

18 a national research center’’; 

19 (II) in clause (i)— 

20 (aa) by inserting ‘‘and eval21 uation’’ after ‘‘to carry out re22 search’’; and 

23 (bb) by inserting ‘‘, including 

24 special populations,’’ after ‘‘par25 ticipants’’; 
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1 (III) by redesignating clause (ii), 

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

3 and (v), respectively; 

4 (IV) by inserting after clause (i) 

5 the following: 

6 ‘‘(ii) to carry out research for the pur7 pose of developing, improving, and identi8 fying the most successful methods for suc9 cessfully addressing the needs of employers 

10 in high skill, high wage business and indus11 try, including evaluation and scientifically 

12 based research of— 

13 ‘‘(I) collaboration between career 

14 and technical education programs and 

15 business and industry; 

16 ‘‘(II) academic and technical 

17 skills required to respond to the chal18 lenge of a global economy and rapid 

19 technological changes; and 

20 ‘‘(III) technical knowledge and 

21 skills required to respond to needs of a 

22 regional or sectoral workforce, includ23 ing small business;’’; 

24 (V) in clause (iii) (as redesignated 

25 by subclause (III) of this clause), by 
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1 inserting ‘‘that are integrated with 

2 challenging academic instruction’’ be3 fore ‘‘, including’’; and 

4 (VI) by striking clause (iv) (as re5 designated by subclause (III) of this 

6 clause) and inserting the following: 

7 ‘‘(iv) to carry out scientifically based 

8 research, where appropriate, that can be 

9 used to improve preparation and profes10 sional development of teachers, faculty, 

11 principals, and administrators and student 

12 learning in the career and technical edu13 cation classroom, including— 

14 ‘‘(I) effective in-service and pre15 service teacher and faculty education 

16 that assists career and technical edu17 cation programs in— 

18 ‘‘(aa) integrating those pro19 grams with academic content 

20 standards and student academic 

21 achievement standards, as adopted 

22 by States under section 1111(b)(1) 

23 of the Elementary and Secondary 

24 Education Act of 1965; and 
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1 ‘‘(bb) promoting technical 

2 education aligned with industry3 based standards and certifications 

4 to meet regional industry needs; 

5 ‘‘(II) dissemination and training 

6 activities related to the applied re7 search and demonstration activities de8 scribed in this subsection, which may 

9 also include serving as a repository for 

10 information on career and technical 

11 education skills, State academic stand12 ards, and related materials; and 

13 ‘‘(III) the recruitment and reten14 tion of career and technical education 

15 teachers, faculty, counselors, prin16 cipals, and administrators, including 

17 individuals in groups underrepresented 

18 in the teaching profession; and’’; 

19 (ii) in subparagraph (B)— 

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

21 places the term appears; and 

22 (II) by striking ‘‘Committee on 

23 Education’’ and all that follows 

24 through ‘‘Senate’’ and inserting ‘‘rel25 evant committees of Congress’’; 
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1 (iii) in subparagraph (C), by striking 

2 ‘‘or centers’’; and 

3 (iv) by adding at the end the following: 

4 ‘‘(D) INDEPENDENT GOVERNING BOARD.— 

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

6 higher education that desires a grant, con7 tract, or cooperative agreement under this 

8 paragraph shall identify, in its application, 

9 an independent governing board for the cen10 ter established pursuant to this paragraph. 

11 ‘‘(ii) MEMBERS.—The independent 

12 governing board shall consist of the fol13 lowing: 

14 ‘‘(I) Two representatives of sec15 ondary career and technical education. 

16 ‘‘(II) Two representatives of post17 secondary career and technical edu18 cation. 

19 ‘‘(III) Two representatives of eli20 gible agencies. 

21 ‘‘(IV) Two representatives of busi22 ness and industry. 

23 ‘‘(V) Two representatives of career 

24 and technical teacher preparation in25 stitutions. 
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1 ‘‘(VI) Two nationally recognized 

2 researchers in the field of career and 

3 technical education. 

4 ‘‘(iii) COORDINATION.—The inde5 pendent governing board shall ensure that 

6 the research and dissemination activities 

7 carried out by the center are coordinated 

8 with the research activities carried out by 

9 the Secretary.’’; 

10 (E) in paragraph (6)(B)(ii), by striking ‘‘or 

11 centers’’; and 

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

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

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

15 are authorized to be appropriated to carry out this section 

16 such sums as may be necessary for each of fiscal years 2005 

17 through 2010.’’. 

18 SEC. 106. ASSISTANCE FOR THE OUTLYING AREAS. 

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

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

21 appears and inserting ‘‘career’’; 

22 (2) in subsection (b)— 

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

24 by striking ‘‘the Republic of the Marshall Is25 lands, the Federated States of Micronesia,’’; 
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1 (B) in paragraph (1), by striking ‘‘training 

2 and retraining;’’ and inserting ‘‘preparation;’’; 

3 (C) by redesignating paragraphs (2) and 

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

5 (D) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) professional development for teachers, fac8 ulty, principals, and administrators;’’; and 

9 (3) in subsection (d)— 

10 (A) by striking ‘‘the Republic of the Mar11 shall Islands, the Federated States of Micronesia, 

12 and’’; and 

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

14 ‘‘2007’’. 

15 SEC. 107. NATIVE AMERICAN PROGRAM. 

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

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

18 appears and inserting ‘‘career’’; 

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

20 the end; 

21 (3) in subsection (b)— 

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

23 inserting ‘‘(c)’’; and 

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

25 than in subsection (i))’’; 
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1 (4) in subsection (d), by striking ‘‘section an’’ 

2 and inserting ‘‘section, an’’; 

3 (5) in subsection (e)— 

4 (A) by striking ‘‘paragraph’’ and inserting 

5 ‘‘section’’; 

6 (B) in paragraph (1), by striking ‘‘and’’ 

7 after the semicolon; 

8 (C) in paragraph (2)(B), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

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

11 ‘‘(3) programs that are targeted to recruit, train, 

12 and retain Native American women who are tradi13 tionally underrepresented to compete for high skill, 

14 high wage occupations, including women pursuing 

15 technology careers (particularly in health care and 

16 science areas) or women who reside in rural or geo17 graphically isolated areas.’’; and 

18 (6) in subsection (h), by striking ‘‘which are rec19 ognized by the Governor of the State of Hawaii’’. 

20 SEC. 108. TRIBALLY CONTROLLED POSTSECONDARY CA21 REER AND TECHNICAL INSTITUTIONS. 

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

23 (1) by striking the section heading and inserting 

24 the following: 
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1 ‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CA2 REER AND TECHNICAL INSTITUTIONS.’’; 

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

4 appears and inserting ‘‘career’’; 

5 (3) in subsection (g)— 

6 (A) in paragraph (1), by striking ‘‘The Sec7 retary’’ and inserting ‘‘On an annual basis, the 

8 Secretary’’; 

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

10 ‘‘2000’’ and inserting ‘‘2006’’; and 

11 (C) in paragraph (3)(C), by striking ‘‘be12 ginning’’ and all that follows through the period 

13 and inserting ‘‘beginning on the date of enact14 ment of the Carl D. Perkins Career and Tech15 nical Education Improvement Act of 2004.’’; 

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

17 subsections (j) and (k), respectively; 

18 (5) by inserting after subsection (g) the fol19 lowing: 

20 ‘‘(h) APPEALS.— 

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

22 Secretary shall provide a tribally controlled postsec23 ondary career and technical institution with a hear24 ing on the record before an administrative law judge 

25 with respect to the following determinations: 
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1 ‘‘(A) A determination that such institution 

2 is not eligible for a grant under this section. 

3 ‘‘(B) A determination regarding the calcula4 tion of the amount of a grant awarded under 

5 this section. 

6 ‘‘(2) PROCEDURE FOR APPEAL.—To appeal a de7 termination described in paragraph (1), a tribally 

8 controlled postsecondary career and technical institu9 tion shall— 

10 ‘‘(A) in the case of an appeal based on a de11 termination that such institution is not eligible 

12 for a grant under this section, file a notice of ap13 peal with the Secretary not later than 30 days 

14 after receipt of such determination; and 

15 ‘‘(B) in the case of an appeal based on a de16 termination regarding the calculation of the 

17 amount of a grant awarded under this section— 

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

19 Secretary not later than 30 days after re20 ceipt of the Secretary’s notification of the 

21 grant amount; and 

22 ‘‘(ii) identify the amount of funding 

23 that gives rise to such appeal. 

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

25 controlled postsecondary career and technical institu-
149 

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1 tion appeals a determination described in paragraph 

2 (1), the Secretary shall withhold the amount in dis3 pute from the award of grant funds under this section 

4 until such time as the administrative law judge has 

5 issued a written decision on the appeal. 

6 ‘‘(i) RESTRICTED INDIRECT COST RATE.—Notwith7 standing any other provision of law, the Secretary shall not 

8 require the use of a restricted indirect cost rate for grants 

9 issued pursuant to this section.’’; and 

10 (6) by striking subsection (k) (as redesignated by 

11 paragraph (4) of this section) and inserting the fol12 lowing: 

13 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $10,000,000 for fiscal year 2005 and such sums as may be 

16 necessary for each of the 5 succeeding fiscal years.’’. 

17 SEC. 109. OCCUPATIONAL AND EMPLOYMENT INFORMA18 TION. 

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

20 (1) in subsection (a)— 

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

22 by striking ‘‘(f)’’ and inserting ‘‘(g)’’; 

23 (B) in paragraph (1)— 
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1 (i) in subparagraph (A), by striking 

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

3 ‘‘(c)’’; 

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

5 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

7 ‘‘(b)’’ and inserting ‘‘(c)’’; and 

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

9 places it appears and inserting ‘‘(c)’’; 

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

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

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) STATE APPLICATION.— 

15 ‘‘(1) IN GENERAL.—Each State desiring assist16 ance under this section shall submit an application to 

17 the Secretary at the same time the State submits its 

18 State plan under section 122, in such manner, and 

19 accompanied by such additional information, as the 

20 Secretary may reasonably require. 

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

22 under paragraph (1) shall include— 

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

24 designated in subsection (c) will provide infor-
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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 de15 mand 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 inserting 

20 the following: 

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

22 and counselors with the knowledge, skills, and occupa23 tional information needed to assist parents and all 

24 students, especially special populations underrep25 resented in certain careers, with career exploration, 
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•S 2686 RS 

1 educational opportunities, education financing, and 

2 exposure to high skill, high wage, or high demand oc3 cupations and nontraditional fields;’’; 

4 (D) in paragraph (4), by striking ‘‘such en5 tities;’’ and inserting ‘‘such entities, with an em6 phasis on high skill, high wage, or high demand 

7 occupations in emerging or established profes8 sions;’’; 

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

10 after the semicolon; 

11 (F) in paragraph (6), by striking the period 

12 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 years 

18 of employment; 

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

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

21 occupation, based on employment projections.’’; 

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

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

24 places it appears and inserting ‘‘(c)’’; 
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•S 2686 RS 

1 (6) in subsection (e)(1) (as redesignated by para2 graph (2) of this section), by striking ‘‘(b)’’ and in3 serting ‘‘(c)’’; 

4 (7) in subsection (f)(1) (as redesignated by para5 graph (2) of this section), by striking ‘‘an identifica6 tion’’ and inserting ‘‘a description’’; 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 in24 serting the following: 
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•S 2686 RS 

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 following: 

24 ‘‘Each eligible agency may submit a transi25 tion plan during the first full year of imple-
155 

•S 2686 RS 

1 mentation of this Act after the date of en2 actment of the Carl D. Perkins Career and 

3 Technical Education Improvement Act of 

4 2004. The transition plan shall fulfill the el5 igible agency’s State plan submission obli6 gation under this section.’’; and 

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

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

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

10 the following: 

11 ‘‘(1) IN GENERAL.—The eligible agency shall de12 velop the State plan in consultation with academic 

13 and career and technical education teachers, faculty, 

14 principals, and administrators, career guidance and 

15 academic counselors, eligible recipients, parents, stu16 dents, the State tech-prep coordinator and representa17 tives of tech-prep consortia (if applicable), interested 

18 community members (including parent and commu19 nity organizations), representatives of special popu20 lations, representatives of business (including small 

21 business) and industry, representatives of labor orga22 nizations in the State, and representatives of charter 

23 school authorizers and organizers (if applicable), and 

24 shall consult the Governor of the State with respect to 

25 such development.’’; 
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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 education 

6 activities to be assisted that are designed to meet or 

7 exceed the State adjusted levels of performance, in8 cluding a description of— 

9 ‘‘(A) how the eligible agency will support el10 igible 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 eligi14 ble 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 re25 cipients; and 
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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 car6 ried out, including programs that will be carried 

7 out by the eligible agency to develop, improve, 

8 and expand access to quality technology in ca9 reer and technical education programs; 

10 ‘‘(C) the criteria that will be used by the eli11 gible agency to approve eligible recipients for 

12 funds under this title, including criteria to assess 

13 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 career 

25 and technical education students, including spe-
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•S 2686 RS 

1 cial 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 demand 

11 occupations that are aligned with business needs 

12 and industry standards, as appropriate— 

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

14 aligned with challenging academic content 

15 standards and student academic achieve16 ment standards adopted by the State under 

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

18 Secondary Education Act of 1965; and 

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

20 relevant and challenging; 

21 ‘‘(2) describes how career and technical edu22 cation teachers, faculty, principals, administrators, 

23 and career guidance and academic counselors will be 

24 provided comprehensive initial preparation and pro-
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1 fessional development, including through programs 

2 and activities that— 

3 ‘‘(A) promote the integration of challenging 

4 academic and career and technical education 

5 curriculum development, including opportunities 

6 for teachers to jointly develop and implement 

7 curriculum and pedagogical strategies with ap8 propriate academic teachers; 

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

10 technical education knowledge of career and tech11 nical education teachers and faculty; 

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

13 focused on instruction, directly related to indus14 try standards, and includes structured induction 

15 and mentoring components for new personnel, 

16 with an emphasis on identifying and addressing 

17 the needs of local businesses, including small 

18 businesses; 

19 ‘‘(D) ensure an increasing number of career 

20 and technical education teachers and faculty 

21 meet teacher certification and licensing require22 ments reflecting the needs of their subject area or 

23 areas; 
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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 devel10 opment 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 Higher 

13 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 oc18 cupations and nontraditional fields; 

19 ‘‘(3) describes efforts to improve— 

20 ‘‘(A) the recruitment and retention of career 

21 and technical education teachers, faculty, coun22 selors, principals, and administrators, including 

23 individuals in groups underrepresented in the 

24 teaching profession; and 
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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 to 

5 effectively prepare career and technical education per6 sonnel, including, as appropriate, through electroni7 cally delivered distance education, and articulation 

8 agreements between 2-year technical programs and 

9 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 medium15 sized businesses and business intermediaries), and 

16 labor organizations in the planning, development, im17 plementation, and evaluation of such career and tech18 nical education programs; 

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

20 agency through the allotment made under section 111 

21 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 
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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 under 

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

15 Secondary Education Act of 1965; and 

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

17 challenging and aligned with business needs 

18 and industry standards, as appropriate; 

19 ‘‘(B) improve the academic and technical 

20 skills of students participating in career and 

21 technical education programs, including 

22 strengthening the academic, and career and tech23 nical, components of career and technical edu24 cation programs through the integration of aca25 demics with career and technical education to 
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1 ensure learning in the core academic subjects 

2 and career and technical education subjects, and 

3 provide students with strong experience in, and 

4 understanding of, all aspects of an industry; 

5 ‘‘(C) ensure that students who participate 

6 in such career and technical education programs 

7 are taught to the same challenging academic pro8 ficiencies as are taught to all other students; and 

9 ‘‘(D) encourage secondary school students 

10 who participate in such career and technical 

11 education programs to enroll in challenging 

12 courses in core academic subjects; 

13 ‘‘(8) describes how the eligible agency will annu14 ally evaluate the effectiveness of such career and tech15 nical education programs, and describes, to the extent 

16 practicable, how the eligible agency is coordinating 

17 such programs to promote relevant lifelong learning 

18 and ensure nonduplication with other existing Fed19 eral programs; 

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

21 strategies for special populations, including a descrip22 tion of how individuals who are members of the spe23 cial populations— 

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

25 activities assisted under this title; 
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1 ‘‘(B) will not be discriminated against on 

2 the basis of their status as members of the special 

3 populations; and 

4 ‘‘(C) will be provided with programs de5 signed to enable the special populations to meet 

6 or exceed State adjusted levels of performance, 

7 and prepare special populations for further 

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

9 demand occupations; 

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

11 developing the State plan with— 

12 ‘‘(A) the entity within the State with re13 sponsibility for elementary and secondary edu14 cation; 

15 ‘‘(B) the entity within the State with re16 sponsibility for public institutions engaged in 

17 postsecondary education; 

18 ‘‘(C) State institutions such as State correc19 tional institutions and institutions that serve in20 dividuals with disabilities; and 

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

22 responsibility for career and technical education 

23 and training and workforce development; 

24 ‘‘(11) describes the steps the eligible agency will 

25 take to involve representatives of eligible recipients in 
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1 the development of the State adjusted levels of per2 formance; 

3 ‘‘(12) provides assurances that the eligible agency 

4 will comply with the requirements of this title and the 

5 provisions of the State plan, including the provision 

6 of a financial audit of funds received under this title 

7 which may be included as part of an audit of other 

8 Federal or State programs; 

9 ‘‘(13) provides assurances that none of the funds 

10 expended under this title will be used to acquire 

11 equipment (including computer software) in any in12 stance in which such acquisition results in a direct 

13 financial benefit to any organization representing the 

14 interests of the purchasing entity, the employees of the 

15 purchasing entity, or any affiliate of such an organi16 zation; 

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

18 measure and report data relating to students partici19 pating in and completing career and technical edu20 cation within specific career clusters in order to ade21 quately measure the progress of the students, includ22 ing special populations, at— 

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

24 the categories described in section 

25 1111(h)(1)(C)(i) of the Elementary and Sec-
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1 ondary Education Act of 1965, except that such 

2 disaggregation shall not be required in a case in 

3 which the number of individuals in a category is 

4 insufficient to yield statistically reliable infor5 mation or the results would reveal personally 

6 identifiable information about an individual; 

7 and 

8 ‘‘(B) the postsecondary level, disaggregated 

9 by special populations, except that such 

10 disaggregation shall not be required in a case in 

11 which the number of individuals in a category is 

12 insufficient to yield statistically reliable infor13 mation or the results would reveal personally 

14 identifiable information about an individual; 

15 ‘‘(15) describes how the eligible agency will ade16 quately address the needs of students in alternative 

17 education programs, if appropriate; 

18 ‘‘(16) describes how the eligible agency will pro19 vide local educational agencies, area career and tech20 nical education schools, and eligible institutions in 

21 the State with technical assistance; 

22 ‘‘(17) describes how career and technical edu23 cation relates to State and regional occupational op24 portunities; 
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1 ‘‘(18) describes the methods proposed for the joint 

2 planning and coordination of programs carried out 

3 under this title with other Federal education pro4 grams; 

5 ‘‘(19) describes how funds will be used to pro6 mote preparation for high skill, high wage, or high 

7 demand occupations and nontraditional fields in 

8 emerging and established professions; 

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

10 individuals in State correctional institutions; 

11 ‘‘(21) describes how the eligible agency will en12 sure that the data reported to the eligible agency from 

13 local educational agencies and eligible institutions 

14 under this title and the data the eligible agency re15 ports to the Secretary are complete, accurate, and re16 liable; and 

17 ‘‘(22) contains the description and information 

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

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

20 2822(b)(8) and 2841(c)) concerning the provision of 

21 services only for postsecondary students and school 

22 dropouts.’’; 

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

24 following: 

25 ‘‘(d) PLAN OPTIONS.— 
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1 ‘‘(1) SINGLE PLAN.—The eligible agency may 

2 fulfill the plan or application submission require3 ments of this section, section 118(b), and section 

4 141(c) by submitting a single State plan. In such 

5 plan, the eligible agency may allow eligible recipients 

6 to fulfill the plan or application submission require7 ments of section 134 and subsections (a) and (b) of 

8 section 143 by submitting a single local plan. 

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

10 The eligible agency may submit the plan required 

11 under this section as part of the plan submitted under 

12 section 501 of the Workforce Investment Act of 1998 

13 (20 U.S.C. 9271), provided that the plan submitted 

14 pursuant to the requirement of this section meets the 

15 requirements of this Act.’’; and 

16 (6) by striking subsection (f). 

17 SEC. 112. IMPROVEMENT PLANS. 

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

19 follows: 

20 ‘‘SEC. 123. IMPROVEMENT PLANS. 

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

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

23 adjusted levels of performance described in the report 

24 submitted under section 113(c), the eligible agency 

25 shall develop and implement a program improvement 
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1 plan in consultation with the appropriate agencies, 

2 individuals, and organizations for the first program 

3 year succeeding the program year in which the eligi4 ble agency failed to meet the State adjusted levels of 

5 performance, in order to avoid a sanction under 

6 paragraph (3). 

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

8 determines that an eligible agency is not properly im9 plementing the eligible agency’s responsibilities under 

10 section 122, or is not making substantial progress in 

11 meeting the purpose of this Act, based on the State’s 

12 adjusted levels of performance, the Secretary shall 

13 work with the eligible agency to implement improve14 ment activities consistent with the requirements of 

15 this Act. 

16 ‘‘(3) FAILURE.— 

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

18 fails to meet the State adjusted levels of perform19 ance, has not implemented an improvement plan 

20 as described in paragraph (1), has shown no im21 provement within 1 year after implementing an 

22 improvement plan as described in paragraph 

23 (1), or has failed to meet the State adjusted levels 

24 of performance for 2 or more consecutive years, 

25 the Secretary may, after notice and opportunity 
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1 for a hearing, withhold from the eligible agency 

2 all, or a portion of, the eligible agency’s allot3 ment under this title. 

4 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR5 CUMSTANCES.—The Secretary may waive the 

6 sanction in subparagraph (A) due to exceptional 

7 or uncontrollable circumstances such as a nat8 ural disaster or a precipitous and unforeseen de9 cline in financial resources of the State. 

10 ‘‘(4) FUNDS RESULTING FROM REDUCED ALLOT11 MENTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall use 

13 funds withheld under paragraph (3) for a State 

14 served by an eligible agency, to provide (through 

15 alternative arrangements) services and activities 

16 within the State to meet the purposes of this Act. 

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

18 cannot satisfactorily use funds withheld under 

19 paragraph (3), then the amount of funds re20 tained by the Secretary as a result of a reduction 

21 in an allotment made under paragraph (3) shall 

22 be redistributed to other eligible agencies in ac23 cordance with section 111. 

24 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 
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1 ‘‘(1) LOCAL EVALUATION.—Each eligible agency 

2 shall evaluate annually, using the local adjusted levels 

3 of performance described in section 113(b)(4), the ca4 reer and technical education activities of each eligible 

5 recipient receiving funds under this title. 

6 ‘‘(2) PLAN.— 

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

8 evaluation, the eligible agency determines that 

9 an eligible recipient is not making substantial 

10 progress in achieving the local adjusted levels of 

11 performance, the eligible agency shall— 

12 ‘‘(i) conduct an assessment of the edu13 cational needs that the eligible recipient 

14 shall address to overcome local performance 

15 deficiencies, including the performance of 

16 special populations; 

17 ‘‘(ii) enter into an improvement plan 

18 with an eligible recipient based on the re19 sults of the assessment, for the first program 

20 year succeeding the program year in which 

21 the eligible recipient failed to meet the local 

22 adjusted levels of performance, which plan 

23 shall demonstrate how the local performance 

24 deficiencies will be corrected and include in25 structional and other programmatic innova-
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1 tions of demonstrated effectiveness, and 

2 where necessary, strategies for appropriate 

3 staffing and professional development; and 

4 ‘‘(iii) conduct regular evaluations of 

5 the progress being made toward reaching 

6 the local adjusted levels of performance, as 

7 described in section 113(b)(4), and progress 

8 on implementing the improvement plan. 

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

10 shall conduct the activities described in subpara11 graph (A) in consultation with teachers, prin12 cipals, administrators, faculty, parents, other 

13 school staff, appropriate agencies, and other ap14 propriate individuals and organizations. 

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

16 agency determines that an eligible recipient is not 

17 properly implementing the eligible recipient’s respon18 sibilities under section 134, or is not making substan19 tial progress in meeting the purpose of this Act, based 

20 on the local adjusted levels of performance, the eligible 

21 agency shall provide technical assistance to the eligi22 ble recipient to assist the eligible recipient in car23 rying out the improvement activities consistent with 

24 the requirements of this Act. An eligible recipient, in 

25 collaboration with the eligible agency, may request 
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1 that the Secretary provide additional technical assist2 ance. 

3 ‘‘(4) FAILURE.— 

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

5 fails to meet the local adjusted levels of perform6 ance as described in section 113(b)(4) and has 

7 not implemented an improvement plan as de8 scribed in paragraph (2), has shown no improve9 ment within 1 year after implementing an im10 provement plan as described in paragraph (2), 

11 or has failed to meet more than 1 of the local ad12 justed levels of performance for 2 or more con13 secutive years, the eligible agency may, after no14 tice and opportunity for a hearing, withhold 

15 from the eligible recipient all, or a portion of, the 

16 eligible recipient’s allotment under this title. 

17 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR18 CUMSTANCES.—The eligible agency may waive 

19 the sanction under this paragraph due to excep20 tional or uncontrollable circumstances such as 

21 organizational structure, or a natural disaster or 

22 a precipitous and unforeseen decline in financial 

23 resources of the eligible recipient. 

24 ‘‘(5) FUNDS RESULTING FROM REDUCED ALLOT25 MENTS.—The eligible agency shall use funds withheld 
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1 under paragraph (4) to provide (through alternative 

2 arrangements) services and activities to students 

3 within the area served by such recipient to meet the 

4 purpose of this Act.’’. 

5 SEC. 113. STATE LEADERSHIP ACTIVITIES. 

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

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

8 appears and inserting ‘‘career’’; 

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

10 and inserting ‘‘112(a)(2)(A)’’; 

11 (3) in subsection (b)— 

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

13 learning’’ and all that follows through the semi14 colon and inserting ‘‘further education, further 

15 training, or for high skill, high wage, or high de16 mand occupations;’’; 

17 (B) in paragraph (2), by striking subpara18 graphs (A) through (C) and inserting the fol19 lowing: 

20 ‘‘(A) training of career and technical edu21 cation teachers, faculty, principals, career guid22 ance and academic counselors, and administra23 tors to use technology, including distance learn24 ing; 
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1 ‘‘(B) encouraging schools to collaborate with 

2 technology industries to offer voluntary intern3 ships and mentoring programs; or 

4 ‘‘(C) encouraging lifelong learning, includ5 ing through partnerships that may involve insti6 tutions of higher education, organizations pro7 viding career and technical education, busi8 nesses, and communications entities;’’; 

9 (C) by striking paragraph (3) and inserting 

10 the following: 

11 ‘‘(3) professional development programs, includ12 ing providing comprehensive professional development 

13 (including initial teacher preparation) for career and 

14 technical education teachers, faculty, principals, ad15 ministrators, and career guidance and academic 

16 counselors at the secondary and postsecondary levels, 

17 that support activities described in section 122 and— 

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

19 training in career and technical education pro20 grams and techniques, effective teaching skills 

21 based on promising practices and, where avail22 able and appropriate, scientifically based re23 search, and effective practices to improve paren24 tal and community involvement; 
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1 ‘‘(B) improve student achievement in order 

2 to meet the State adjusted levels of performance 

3 established under section 113; 

4 ‘‘(C) support education programs for teach5 ers and faculty of career and technical education 

6 in public schools and other public school per7 sonnel who are involved in the direct delivery of 

8 educational services to career and technical edu9 cation students to ensure that such personnel— 

10 ‘‘(i) stay current with the needs, expec11 tations, and methods of industry; 

12 ‘‘(ii) can effectively develop chal13 lenging, integrated academic and career 

14 and technical education curriculum jointly 

15 with academic teachers, to the extent prac16 ticable; and 

17 ‘‘(iii) develop a higher level of aca18 demic and industry knowledge and skills in 

19 career and technical education; and 

20 ‘‘(D) are integrated with the teacher certifi21 cation or licensing and professional development 

22 activities that the State carries out under title II 

23 of the Elementary and Secondary Education Act 

24 of 1965 and title II of the Higher Education Act 

25 of 1965;’’; 
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1 (D) in paragraph (4), by striking ‘‘support 

2 for’’ and inserting ‘‘supporting’’; 

3 (E) in paragraph (5), by striking ‘‘non4 traditional training and employment’’ and in5 serting ‘‘nontraditional fields in emerging and 

6 established professions, and other activities that 

7 expose students, including special populations, to 

8 high skill, high wage occupations’’; 

9 (F) in paragraph (6)— 

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

11 ‘‘labor organizations,’’; and 

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

13 pathways, as described in section 

14 122(c)(1)(A)’’ after ‘‘skills’’; 

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

16 after the semicolon; 

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

18 careers.’’ and inserting ‘‘wage occupations; and’’; 

19 and 

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

21 ‘‘(9) technical assistance for eligible recipients.’’; 

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

23 following: 

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

25 activities described in subsection (a) may include— 
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1 ‘‘(1) improvement of career guidance and aca2 demic counseling programs that assist students in 

3 making informed academic, and career and technical 

4 education, decisions, including encouraging secondary 

5 and postsecondary students to graduate with a di6 ploma or degree, and expose students to high skill, 

7 high wage occupations and nontraditional fields in 

8 emerging and established professions; 

9 ‘‘(2) establishment of agreements, including ar10 ticulation agreements, between secondary and postsec11 ondary career and technical education programs in 

12 order to provide postsecondary education and train13 ing opportunities for students participating in such 

14 career and technical education programs, such as 

15 tech-prep programs; 

16 ‘‘(3) support for career and technical student or17 ganizations, especially with respect to efforts to in18 crease the participation of students who are members 

19 of special populations; 

20 ‘‘(4) support for public charter schools operating 

21 secondary career and technical education programs; 

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

23 programs that offer experience in, and understanding 

24 of, all aspects of an industry for which students are 

25 preparing to enter; 
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1 ‘‘(6) support for family and consumer sciences 

2 programs; 

3 ‘‘(7) support for partnerships between education 

4 and business or business intermediaries, including co5 operative education and adjunct faculty arrangements 

6 at the secondary and postsecondary levels; 

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

8 and technical education courses and initiatives, in9 cluding career clusters, career academies, and dis10 tance learning, that prepare individuals academically 

11 and technically for high skill, high wage, or high de12 mand occupations; 

13 ‘‘(9) awarding incentive grants to eligible recipi14 ents for exemplary performance in carrying out pro15 grams under this Act, which awards shall be based on 

16 local performance indicators, as described in section 

17 113, in accordance with previously, publicly disclosed 

18 priorities; 

19 ‘‘(10) providing career and technical education 

20 programs for adults and school dropouts to complete 

21 their secondary school education; 

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

23 have participated in services and activities under this 

24 title, in finding an appropriate job and continuing 

25 their education or training through collaboration with 
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1 the workforce investment system established under the 

2 Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

3 seq.); 

4 ‘‘(12) developing valid and reliable assessments 

5 of technical skills that are integrated with industry 

6 certification assessments where available; 

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

8 collect and analyze data on secondary and postsec9 ondary academic and employment outcomes; 

10 ‘‘(14) improving— 

11 ‘‘(A) the recruitment and retention of career 

12 and technical education teachers, faculty, prin13 cipals, administrators, and career guidance and 

14 academic counselors, including individuals in 

15 groups underrepresented in the teaching profes16 sion; and 

17 ‘‘(B) the transition to teaching from busi18 ness and industry, including small business; and 

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

20 self-sufficiency standard.’’; and 

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

22 and inserting ‘‘112(a)(2)(A)’’. 

23 SEC. 114. DISTRIBUTION OF FUNDS TO SECONDARY 

24 SCHOOL PROGRAMS. 

25 Section 131 (20 U.S.C. 2351) is amended— 
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1 (1) by striking ‘‘vocational’’ each place the term 

2 appears and inserting ‘‘career’’; 

3 (2) by striking subsection (a); 

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

5 as subsections (a) through (h), respectively; 

6 (4) in subsection (a) (as redesignated by para7 graph (3) of this section)— 

8 (A) in the subsection heading, by striking 

9 ‘‘SPECIAL DISTRIBUTION RULES FOR SUC10 CEEDING FISCAL YEARS’’ and inserting ‘‘DIS11 TRIBUTION RULES’’; and 

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

13 succeeding fiscal years’’; 

14 (5) in subsection (b) (as redesignated by para15 graph (3) of this section)— 

16 (A) by striking ‘‘subsection (b)’’ and insert17 ing ‘‘subsection (a)’’; and 

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

19 ‘‘9902(2))’’ and inserting ‘‘9902(2)))’’; 

20 (6) in subsection (e) (as redesignated by para21 graph (3) of this section), in the subsection heading, 

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

23 and 

24 (7) in subsection (g) (as redesignated by para25 graph (3) of this section), by striking ‘‘subsections (a), 
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1 (b), (c), and (d)’’ and inserting ‘‘subsections (a), (b), 

2 and (c)’’. 

3 SEC. 115. DISTRIBUTION OF FUNDS FOR POSTSECONDARY 

4 CAREER AND TECHNICAL EDUCATION PRO5 GRAMS. 

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

7 the section heading and inserting the following: 

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

9 CAREER AND TECHNICAL EDUCATION PRO10 GRAMS.’’. 

11 SEC. 116. SPECIAL RULES FOR CAREER AND TECHNICAL 

12 EDUCATION. 

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

14 (1) by striking the section heading and inserting 

15 the following: 

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

17 EDUCATION.’’; and 

18 (2) by striking ‘‘vocational’’ each place such term 

19 appears and inserting ‘‘career’’. 

20 SEC. 117. LOCAL PLAN FOR CAREER AND TECHNICAL EDU21 CATION PROGRAMS. 

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

23 (1) by striking the section heading and inserting 

24 the following: 
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1 ‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDU2 CATION PROGRAMS.’’; and 

3 (2) in subsection (b), by striking paragraphs (1) 

4 through (10) and inserting the following: 

5 ‘‘(1) describe how the career and technical edu6 cation programs required under section 135(b) will be 

7 carried out with funds received under this title; 

8 ‘‘(2) describe how the career and technical edu9 cation activities will be carried out with respect to 

10 meeting State and local adjusted levels of performance 

11 established under section 113; 

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

13 ‘‘(A) offer the appropriate courses of not less 

14 than 1 of the career pathways described in sec15 tion 122(c)(1)(A); 

16 ‘‘(B) improve the academic and technical 

17 skills of students participating in career and 

18 technical education programs by strengthening 

19 the academic and career and technical education 

20 components of such programs through the inte21 gration of challenging academics with career and 

22 technical education programs through a coherent 

23 sequence of courses to ensure learning in the core 

24 academic subjects, and career and technical edu25 cation 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 programs 

6 are taught to the same challenging academic pro7 ficiencies as are taught for all other students; 

8 ‘‘(4) describe how comprehensive professional de9 velopment will be provided that is consistent with sec10 tion 122; 

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

12 and career and technical education teachers, faculty, 

13 principals, administrators, career guidance and aca14 demic counselors, representatives of tech-prep con15 sortia (if applicable), representatives of business (in16 cluding small business) and industry, labor organiza17 tions, representatives of special populations, and other 

18 interested individuals are involved in the develop19 ment, implementation, and evaluation of career and 

20 technical education programs assisted under this title, 

21 and how such individuals and entities are effectively 

22 informed about, and assisted in, understanding, the 

23 requirements of this title, including career pathways; 

24 ‘‘(6) provide assurances that the eligible recipient 

25 will provide a career and technical education pro-
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1 gram that is of such size, scope, and quality to bring 

2 about improvement in the quality of career and tech3 nical education programs; 

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

5 evaluate and continuously improve the performance of 

6 the eligible recipient; 

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

8 ‘‘(A) will review career and technical edu9 cation programs, and identify and adopt strate10 gies to overcome barriers that result in lowering 

11 rates of access to or lowering success in the pro12 grams, for special populations; and 

13 ‘‘(B) will provide programs that are de14 signed to enable the special populations to meet 

15 the local adjusted levels of performance and pre16 pare for high skill, high wage, or high demand 

17 occupations, including those that will lead to 

18 self-sufficiency; 

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

20 of special populations will not be discriminated 

21 against on the basis of their status as members of the 

22 special populations; 

23 ‘‘(10) describe how funds will be used to promote 

24 preparation for nontraditional fields; 
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1 ‘‘(11) describe how career guidance and aca2 demic counseling will be provided to all career and 

3 technical education students; and 

4 ‘‘(12) describe efforts to improve the recruitment 

5 and retention of career and technical education teach6 ers, faculty, counselors, principals, and administra7 tors, including individuals in groups underrep8 resented in the teaching profession, and the transition 

9 to teaching from business and industry.’’. 

10 SEC. 118. LOCAL USES OF FUNDS. 

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

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

13 and inserting ‘‘career’’; 

14 (2) in subsection (b)— 

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

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

17 and 

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

19 and inserting the following: 

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

21 technical education skills of students participating in 

22 career and technical education programs by strength23 ening the academic and career and technical edu24 cation components of such programs through the inte25 gration of academics with career and technical edu-
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1 cation programs through a coherent sequence of 

2 courses, such as career pathways described in section 

3 122(c)(1)(A), to ensure learning in the core academic 

4 subjects and career and technical education subjects; 

5 ‘‘(2) link secondary career and technical edu6 cation and postsecondary career and technical edu7 cation, including by— 

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

9 less than 1 career pathway described in section 

10 122(c)(1)(A); 

11 ‘‘(B) developing and supporting articula12 tion agreements between secondary and postsec13 ondary institutions; or 

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

15 consortia; 

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

17 and understanding of all aspects of an industry; 

18 ‘‘(4) develop, improve, or expand the use of tech19 nology in career and technical education, which may 

20 include— 

21 ‘‘(A) training of career and technical edu22 cation teachers, faculty, principals, and admin23 istrators to use technology, including distance 

24 learning; or 
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1 ‘‘(B) encouraging schools to collaborate with 

2 technology industries to offer voluntary intern3 ships and mentoring programs; 

4 ‘‘(5) provide professional development programs 

5 that are consistent with section 122 to secondary and 

6 postsecondary teachers, faculty, principals, adminis7 trators, and career guidance and academic counselors 

8 who are involved in integrated career and technical 

9 education programs, including— 

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

11 ‘‘(i) in career and technical education 

12 programs and techniques; 

13 ‘‘(ii) in effective integration of chal14 lenging academic and career and technical 

15 education jointly with academic teachers, to 

16 the extent practicable; 

17 ‘‘(iii) in effective teaching skills based 

18 on research that includes promising prac19 tices; and 

20 ‘‘(iv) in effective practices to improve 

21 parental and community involvement; 

22 ‘‘(B) support of education programs that 

23 provide information on all aspects of an indus24 try; 
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1 ‘‘(C) internship programs that provide rel2 evant business experience; and 

3 ‘‘(D) programs dedicated to the effective use 

4 of instructional technology; 

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

6 career and technical education programs carried out 

7 with funds under this title, including an assessment 

8 of how the needs of special populations are being met; 

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

10 quality career and technical education programs, in11 cluding relevant technology; 

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

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

14 ‘‘(9) provide activities to prepare special popu15 lations, including single parents and displaced home16 makers, for high skill, high wage, or high demand oc17 cupations, including those that will lead to self-suffi18 ciency.’’; and 

19 (3) in subsection (c)— 

20 (A) in paragraph (1), by striking ‘‘voca21 tional’’ and inserting ‘‘career’’; and 

22 (B) by striking paragraphs (2) through (15) 

23 and inserting the following: 

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

25 counseling that is based on current labor market indi-
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1 cators, as provided pursuant to section 118, for stu2 dents participating in career and technical education 

3 programs that— 

4 ‘‘(A) improves graduation rates and pro5 vides information on postsecondary and career 

6 options for secondary students, which activities 

7 may include the use of graduation and career 

8 plans; and 

9 ‘‘(B) provides assistance for postsecondary 

10 students, including for adult students who are 

11 changing careers or updating skills; 

12 ‘‘(3) for partnerships between the eligible recipi13 ent and businesses, including small businesses and 

14 business intermediaries, including for— 

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

16 such as internships, cooperative education, 

17 school-based enterprises, entrepreneurship, and 

18 job shadowing that are related to career and 

19 technical education programs; 

20 ‘‘(B) adjunct faculty arrangements at the 

21 secondary and postsecondary levels; and 

22 ‘‘(C) industry experience for teachers and 

23 faculty; 

24 ‘‘(4) to provide programs for special populations; 
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1 ‘‘(5) to assist career and technical student orga2 nizations; 

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

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

5 adapting instructional equipment; 

6 ‘‘(8) for teacher preparation programs that ad7 dress the integration of academic and career and tech8 nical education and that assist individuals who are 

9 interested in becoming career and technical education 

10 teachers and faculty, including individuals with expe11 rience in business and industry; 

12 ‘‘(9) to develop and expand postsecondary pro13 gram offerings at times and in formats that are con14 venient and accessible for working students, including 

15 through the use of distance education; 

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

17 and technical education courses, including develop18 ment of new career pathways; 

19 ‘‘(11) to develop and support small, personalized 

20 career-themed learning communities; 

21 ‘‘(12) to provide support for family and con22 sumer sciences programs; 

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

24 programs for adults and school dropouts to complete 
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1 their secondary school education or upgrade their 

2 technical skills; 

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

4 have participated in services and activities under this 

5 title in finding an appropriate job and continuing 

6 their education or training through collaboration with 

7 the workforce investment system established under the 

8 Workforce Investment Act of 1998 (29 U.S.C. 2801 et 

9 seq.); 

10 ‘‘(15) to support activities in nontraditional 

11 fields, such as mentoring and outreach; and 

12 ‘‘(16) to support other career and technical edu13 cation activities that are consistent with the purpose 

14 of this Act.’’. 

15 SEC. 119. TECH-PREP EDUCATION. 

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

17 is amended— 

18 (1) by striking the title heading and inserting 

19 the following: 

20 ‘‘PART D—TECH-PREP EDUCATION’’; 

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

22 and 

23 (3) by redesignating sections 203, 204, 205, and 

24 208, as sections 141, 142, 143, and 144, respectively. 
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1 (b) STATE ALLOTMENT AND APPLICATION.—Section 

2 141 (as redesignated by subsection (a) of this section) is 

3 amended— 

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

5 and inserting ‘‘section 144’’; and 

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

7 following: 

8 ‘‘(c) STATE APPLICATION.—Each eligible agency desir9 ing assistance under this part shall submit an application 

10 to the Secretary at such time, in such manner, and accom11 panied by such information as the Secretary may require. 

12 Such application shall describe how activities under this 

13 part will be coordinated, to the extent practicable, with ac14 tivities described in section 122.’’. 

15 (c) TECH-PREP EDUCATION.—Section 142 (as redesig16 nated by subsection (a) of this section) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘section 203’’ and in20 serting ‘‘section 141’’; 

21 (ii) by striking ‘‘title’’ and inserting 

22 ‘‘part’’; 

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

24 places the term appears and inserting ‘‘ca25 reer’’; and 
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1 (iv) in subparagraph (A), by inserting 

2 ‘‘, educational service agency,’’ after ‘‘inter3 mediate educational agency’’; and 

4 (B) in paragraph (2)— 

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

6 ‘‘and’’; 

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

8 the period at the end and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

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

13 or business intermediaries; and 

14 ‘‘(D) labor organizations.’’; 

15 (2) in subsection (c)— 

16 (A) by striking paragraph (2) and inserting 

17 the following: 

18 ‘‘(2) consist of not less than 2 years of secondary 

19 school with a common core of technical skills and core 

20 academic subjects preceding graduation and 2 years 

21 or more of higher education, or an apprenticeship 

22 program of not less than 2 years following secondary 

23 instruction, designed to lead to technical skill pro24 ficiency, a credential, a certificate, or a degree, in a 

25 specific career field;’’; 
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1 (B) in paragraph (3)(B), by inserting ‘‘in2 cluding through the use of articulation agree3 ments, and’’ after ‘‘career fields,’’; 

4 (C) by striking paragraph (4) and inserting 

5 the following: 

6 ‘‘(4) include in-service professional development 

7 for teachers, faculty, principals, and administrators 

8 that— 

9 ‘‘(A) supports effective implementation of 

10 tech-prep programs; 

11 ‘‘(B) supports joint training in the tech12 prep consortium; 

13 ‘‘(C) supports the needs, expectations, and 

14 methods of business and all aspects of an indus15 try; 

16 ‘‘(D) supports the use of contextual and ap17 plied curricula, instruction, and assessment; 

18 ‘‘(E) supports the use and application of 

19 technology; and 

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

21 including labor market indicators, achievement, 

22 and assessments;’’; 

23 (D) in paragraph (5)— 

24 (i) by striking ‘‘training’’ and insert25 ing ‘‘professional development’’; 
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1 (ii) in subparagraph (B), by inserting 

2 ‘‘, which may include through the use of 

3 graduation and career plans’’ after ‘‘pro4 grams’’; 

5 (iii) in subparagraph (D), by striking 

6 ‘‘and’’; 

7 (iv) in subparagraph (E), by inserting 

8 ‘‘and’’ after the semicolon; and 

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

10 ‘‘(F) provide comprehensive career guidance 

11 and academic counseling to participating stu12 dents, including special populations;’’; 

13 (E) in paragraph (6)— 

14 (i) by inserting ‘‘(including pre-ap15 prenticeship programs)’’ after ‘‘programs’’; 

16 and 

17 (ii) by striking ‘‘and’’ after the semi18 colon; 

19 (F) in paragraph (7), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(8) coordinate with activities conducted under 

23 title I.’’; and 

24 (3) in subsection (d)— 
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1 (A) in paragraph (2), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (3), by striking the period 

4 at the end and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(4) improve career guidance and academic 

7 counseling for participating students through the de8 velopment and implementation of graduation and ca9 reer plans; and 

10 ‘‘(5) develop curriculum that supports effective 

11 transitions between secondary and postsecondary ca12 reer and technical education programs.’’. 

13 (d) CONSORTIUM APPLICATIONS.—Section 143 (as re14 designated by subsection (a) of this section) is amended— 

15 (1) in subsection (a), by striking ‘‘title’’ and in16 serting ‘‘part’’; 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘5’’ and inserting ‘‘6’’; and 

19 (B) by striking ‘‘title’’ and inserting 

20 ‘‘part’’; 

21 (3) in subsection (d)— 

22 (A) in paragraph (1), by inserting ‘‘or ad23 vanced’’ after ‘‘baccalaureate’’; 

24 (B) by striking paragraph (4) and inserting 

25 the following: 
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1 ‘‘(4) provide education and training in areas or 

2 skills, including emerging technology, in which there 

3 are significant workforce shortages based on the data 

4 provided by the entity in the State under section 

5 118;’’; 

6 (C) in paragraph (5), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(6) demonstrate success in, or provide assur10 ances of, coordination and integration with eligible 

11 recipients described in part C.’’; and 

12 (4) in subsection (e), by striking ‘‘title’’ and in13 serting ‘‘part’’. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 144 (as redesignated by subsection (a) of this section) is 

16 amended— 

17 (1) by striking ‘‘title (other than section 207)’’ 

18 and inserting ‘‘part’’; and 

19 (2) by striking ‘‘1999 and each of the 4’’ and in20 serting ‘‘2005 and each of the 5’’. 

21 TITLE II—GENERAL PROVISIONS 

22 SEC. 201. REDESIGNATION OF TITLE. 

23 (a) FEDERAL ADMINISTRATIVE PROVISIONS.—Title 

24 III (20 U.S.C. 2391 et seq.) is amended by redesignating 
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1 sections 311 through 318 as sections 211 through 218, re2 spectively. 

3 (b) STATE ADMINISTRATIVE PROVISIONS.—Title III 

4 (20 U.S.C. 2391 et seq.) is amended by redesignating sec5 tions 321 through 325 as sections 221 through 225, respec6 tively. 

7 (c) TITLE HEADING.—The title heading of title III (20 

8 U.S.C. 2391 et seq.) is amended to read as follows: 

9 ‘‘TITLE II—GENERAL 

10 PROVISIONS’’. 

11 SEC. 202. FISCAL REQUIREMENTS. 

12 Section 211 (as redesignated by section 201 of this Act) 

13 is amended— 

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

15 appears and inserting ‘‘career’’; and 

16 (2) in subsection (b)— 

17 (A) by striking paragraph (1) and inserting 

18 the following: 

19 ‘‘(1) DETERMINATION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraphs (B) and (C), no payments shall 

22 be made under this Act for any fiscal year to a 

23 State for career and technical education pro24 grams or tech-prep programs unless the Sec25 retary determines that the average fiscal effort 
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1 per student or the aggregate expenditures of such 

2 State for career and technical education pro3 grams for the 3 fiscal years preceding the fiscal 

4 year for which the determination is made, 

5 equaled or exceeded such effort or expenditures 

6 for career and technical education programs, for 

7 the 3 fiscal years preceding the fiscal year pre8 ceding the fiscal year for which the determina9 tion is made. 

10 ‘‘(B) COMPUTATION.—In computing the av11 erage fiscal effort or aggregate expenditures pur12 suant to subparagraph (A), the Secretary shall 

13 exclude capital expenditures, special one-time 

14 project costs, and the cost of pilot programs. 

15 ‘‘(C) DECREASE IN FEDERAL SUPPORT.—If 

16 the amount made available for career and tech17 nical education programs under this Act for a 

18 fiscal year is less than the amount made avail19 able for career and technical education programs 

20 under this Act for the preceding fiscal year, then 

21 the average fiscal effort per student or the aggre22 gate expenditures of a State required by sub23 paragraph (A) for the 3 preceding fiscal years 

24 shall be decreased by the same percentage as the 
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1 percentage decrease in the amount so made 

2 available.’’; and 

3 (B) in paragraph (2), by striking ‘‘fiscal ef4 fort’’ both places the term appears and inserting 

5 ‘‘average fiscal effort’’. 

6 SEC. 203. VOLUNTARY SELECTION AND PARTICIPATION. 

7 Section 214 (as redesignated by section 201 of this Act) 

8 is amended by striking ‘‘vocational’’ both places the term 

9 appears and inserting ‘‘career’’. 

10 SEC. 204. LIMITATION FOR CERTAIN STUDENTS. 

11 Section 215 (as redesignated by section 201 of this Act) 

12 is amended by striking ‘‘vocational’’ and inserting ‘‘ca13 reer’’. 

14 SEC. 205. AUTHORIZATION OF SECRETARY; PARTICIPATION 

15 OF PRIVATE SCHOOL PERSONNEL. 

16 Part A of title II (as redesignated by section 201 of 

17 this Act) is amended— 

18 (1) by striking section 217; 

19 (2) by redesignating section 218 as section 217; 

20 and 

21 (3) in section 217 (as redesignated by paragraph 

22 (2) of this section)— 

23 (A) by inserting ‘‘principals,’’ after ‘‘for vo24 cational and technical education teachers,’’; 
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1 (B) by inserting ‘‘principals,’’ after ‘‘of vo2 cational and technical education teachers,’’; and 

3 (C) by striking ‘‘vocational’’ each place the 

4 term appears and inserting ‘‘career’’. 

5 SEC. 206. STUDENT ASSISTANCE AND OTHER FEDERAL PRO6 GRAMS. 

7 Section 225(c) (as redesignated by section 201 of this 

8 Act) is amended— 

9 (1) in the subsection heading, by striking ‘‘VOCA10 TIONAL’’ and inserting ‘‘CAREER’’; and 

11 (2) by striking ‘‘vocational’’ both places the term 

12 appears and inserting ‘‘career’’. 

13 SEC. 207. TABLE OF CONTENTS. 

14 Section 1(b) (20 U.S.C. 2301 note) is amended to read 

15 as follows: 

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

17 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. 

‘‘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. 
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‘‘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. 

‘‘Sec. 224. Limitation on Federal regulations. 

‘‘Sec. 225. Student assistance and other Federal programs.’’. 
Calendar No. 759 

108TH CONGRESS 

2D SESSION S. 2686 

[Report No. 108–384] 

A BILL 

To amend the Carl D. Perkins Vocational and 

Act. Technical Education Act of 1998 to improve the 

OCTOBER 4, 2004 

Reported with an amendment