IB 

Union Calendar No. 401

108TH CONGRESS 

2D SESSION H. R. 4496

[Report No. 108–659] 

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

of 1998 to strengthen and improve programs under that Act. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2004

Mr. CASTLE (for himself, Mr. BOEHNER, and Mr. WILSON of South Carolina) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

SEPTEMBER 7, 2004

Additional sponsors: Mr. MCKEON, Mr. NORWOOD, Mr. UPTON, Mr. EHLERS, 

Mr. ISAKSON, Mr. BURNS, and Mr. VITTER

SEPTEMBER 7, 2004

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on June 3, 2004] 

A BILL

To amend the Carl D. Perkins Vocational and Technical 

Education Act of 1998 to strengthen and improve programs under that Act.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vocational and Tech5 nical Education for the Future Act’’. 

6 SEC. 2. REFERENCES. 

7 Wherever in this Act an amendment is expressed in 

8 terms of an amendment to or repeal of a section or other 

9 provision, the amendment or repeal shall be considered to 

10 be made to a section or other provision of the Carl D. Per11 kins Vocational and Technical Education Act of 1998 (20 

12 U.S.C. 2301 et seq.). 

13 SEC. 3. PURPOSES AND DEFINITIONS. 

14 (a) PURPOSES.—Section 2(2) (20 U.S.C. 2301(2)) is 

15 amended by inserting ‘‘rigorous and challenging’’ after ‘‘in16 tegrate’’. 

17 (b) DEFINITIONS.—Section 3 (20 U.S.C. 2302) is 

18 amended—

19 (1) by striking paragraph (26) and redesig20 nating paragraphs (21) through (25) as paragraphs 

21 (23) through (27), and paragraphs (27) through (30) 

22 as paragraphs (29) through (32), respectively; 

23 (2) by redesignating paragraphs (4) through (20) 

24 as paragraphs (5) through (21), respectively, and in25 serting after paragraph (3) the following: 
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1 ‘‘(4) ARTICULATION AGREEMENT.—The term ‘ar2 ticulation agreement’ means a written commitment, 

3 agreed upon at the State level or approved annually 

4 and facilitated by the lead administrators of the sec5 ondary and postsecondary consortia members as de6 scribed in section 135(b)(3)(A), to a program de7 signed to provide students with a nonduplicative se8 quence of progressive achievements leading to degrees, 

9 certificates, or credentials in a tech-prep education 

10 program linked through credit transfer agreements.’’; 

11 (3) in paragraph (5) (as so redesignated), by in12 serting ‘‘to students (and parents, as appropriate)’’ 

13 after ‘‘providing access’’; 

14 (4) in paragraph (6) (as so redesignated), by 

15 striking ‘‘section 5206’’ and inserting ‘‘section 5210’’; 

16 (5) in paragraph (7) (as so redesignated)—

17 (A) by striking ‘‘method of instruction’’ and 

18 inserting ‘‘method’’; and 

19 (B) by inserting ‘‘rigorous and challenging’’ 

20 after ‘‘required’’; 

21 (6) in paragraph (11)(A) (as so redesignated), 

22 by striking ‘‘an’’ and inserting ‘‘a public or nonprofit 

23 private’’; 

24 (7) in paragraph (18) (as so redesignated)—
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1 (A) in the paragraph heading, by striking 

2 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

3 ‘‘FIELDS’’; 

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

5 and inserting ‘‘fields’’; and 

6 (C) by inserting ‘‘current and’’ after ‘‘tech7 nology, and other’’; 

8 (8) in paragraph (19) (as so redesignated), by 

9 striking ‘‘the Republic of the Marshall Islands, the 

10 Federated States of Micronesia,’’; 

11 (9) by inserting after paragraph (21) (as so re12 designated) the following: 

13 ‘‘(22) SCIENTIFICALLY BASED RESEARCH.—The 

14 term ‘scientifically based research’ has the meaning 

15 given that term in section 9101(37) of the Elementary 

16 and Secondary education Act of 1965 (20 U.S.C. 

17 780137).’’; 

18 (10) in paragraph (25) (as so redesignated)—

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

20 ‘‘training and employment’’ and inserting 

21 ‘‘fields’’; 

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

23 ‘‘and’’; 

24 (C) in subparagraph (F)—
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1 (i) by striking ‘‘individuals with other 

2 barriers to educational achievement, includ3 ing’’; and 

4 (ii) by striking the period and insert5 ing ‘‘; and’’; and 

6 (D) by inserting after subparagraph (F) the 

7 following: 

8 ‘‘(G) individuals with other barriers to edu9 cational achievement, as determined by the 

10 State.’’; 

11 (11) by inserting after paragraph (27) (as so re12 designated) the following: 

13 ‘‘(28) SUPPORTIVE SERVICES.—The term ‘sup14 portive services’ means services such as transpor15 tation, child care, dependent care, and needs-based 

16 payments, that are necessary to enable an individual 

17 to participate in activities authorized under this 

18 Act.’’; 

19 (12) in paragraph (29) (as so redesignated), by 

20 striking ‘‘section 2’’ and inserting ‘‘section 2(a)(4)’’; 

21 (13) in paragraph (30) (as so redesignated)—

22 (A) by inserting ‘‘of subsection (a)’’ after 

23 ‘‘paragraph (2)’’; and 
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1 (B) by striking ‘‘paragraph (5)(A) of such 

2 section’’ and inserting ‘‘paragraph (5)(A) of such 

3 subsection’’; and 

4 (14) by amending paragraph (31)(A) (as so re5 designated) to read as follows: 

6 ‘‘(A) offer a sequence of courses that—

7 ‘‘(i) provides individuals with the rig8 orous and challenging academic and tech9 nical knowledge and skills the individuals 

10 need to prepare for further education and 

11 for careers (other than careers requiring a 

12 master’s or doctoral degree) in current or 

13 emerging employment sectors; 

14 ‘‘(ii) may include the provision of 

15 skills or courses necessary to enroll in a se16 quence of courses that meet the requirements 

17 of this subparagraph; and 

18 ‘‘(iii) provides, at the postsecondary 

19 level, for a 1-year certificate, an associate 

20 degree, or industry recognized credential; 

21 and’’. 

22 SEC. 4. TRANSITION PROVISIONS. 

23 Section 4 (20 U.S.C. 2303) is amended—

24 (1) by striking ‘‘the Carl D. Perkins Vocational 

25 and Applied Technology Education Act’’ and insert-
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1 ing ‘‘ the ‘Carl D. Perkins Vocational and Technical 

2 Education Act of 1998’ ’’; and 

3 (2) by striking ‘‘the Carl D. Perkins Vocational 

4 and Applied Technology Education Amendments of 

5 1998’’ and inserting ‘‘the Vocational and Technical 

6 Education for the Future Act. Each eligible agency 

7 shall be assured 1 full fiscal year for transition, to 

8 plan for and implement the requirements of this Act’’. 

9 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 8 (20 U.S.C. 2307) is amended to read as fol11 lows: 

12 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There is authorized to be appropriated to carry out 

14 this Act (other than subsection (a), (b), and (c) of section 

15 114, and sections 117 and 118) $1,307,000,000 for fiscal 

16 year 2005 and such sums as may be necessary for each of 

17 fiscal years 2006 through 2010.’’. 

18 SEC. 6. PROHIBITIONS. 

19 (a) IN GENERAL.—The Carl D. Perkins Vocational 

20 and Technical Education Act of 1998 (20 U.S.C. 2301 et 

21 seq.) is amended by adding after section 8 the following new 

22 section: 

23 ‘‘SEC. 9. PROHIBITIONS. 

24 ‘‘(a) LOCAL CONTROL.—Nothing in this Act shall be 

25 construed to authorize an officer or employee of the Federal 
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1 government to mandate, direct, or control a State, local edu2 cational agency, or school’s curriculum, program of instruc3 tion, or allocation of State or local resources, or mandate 

4 a State or any subdivision thereof to spend any funds or 

5 incur any costs not paid for under this Act. 

6 ‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any 

7 State that declines to submit an application to the Sec8 retary for assistance under this Act shall not be precluded 

9 from applying for assistance under any other program ad10 ministered by the Secretary. 

11 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL

12 OR CERTIFICATION OF STANDARDS.—Notwithstanding any 

13 other provision of Federal law, no State shall be required 

14 to have academic and vocational and technical content or 

15 student academic and vocational and technical achievement 

16 standards approved or certified by the Federal government, 

17 in order to receive assistance under this Act. 

18 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to affect requirements under section 

20 113.’’. 

21 (b) CONFORMING AMENDMENT.—The table of contents 

22 in section 1(b) is amended by inserting after the item relat23 ing to section 8, the following new item:

‘‘Sec. 9. Prohibitions.’’.
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1 SEC. 7. ALLOTMENT AND ALLOCATION TO STATES. 

2 (a) ALLOTMENT FOR NATIONAL ACTIVITIES FOR

3 2005.—Section 111(a)(1) (20 U.S.C. 2321(a)(1)) is amend4 ed to read as follows: 

5 ‘‘(1) RESERVATIONS.—From the sum appro6 priated under section 8 for each fiscal year, the Sec7 retary shall reserve—

8 ‘‘(A) 0.12 percent to carry out section 115; 

9 ‘‘(B) 1.50 percent to carry out section 116, 

10 of which—

11 ‘‘(i) 1.25 percent of the sum shall be 

12 available to carry out section 116(b); and 

13 ‘‘(ii) 0.25 percent of the sum shall be 

14 available to carry out section 116(h); and 

15 ‘‘(C) 0.54 percent to carry out section 

16 114(d).’’. 

17 (b) MINIMUM ALLOTMENTS.—Section 111(a) (20 

18 U.S.C. 2321(a)) is further amended—

19 (1) in paragraph (3), by striking ‘‘(or in the 

20 case of fiscal year 1999’’ and all that follows through 

21 ‘‘Amendments of 1998)’’ each place it appears and in22 serting ‘‘(or in the case of fiscal year 2005 only, 

23 under this section and under title II of this Act, as 

24 such section and title were in effect on the day before 

25 the date of enactment of the Vocational and Technical 

26 Education for the Future Act)’’; and 
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1 (2) by amending paragraph (4)(A) to read as 

2 follows: 

3 ‘‘(A) IN GENERAL.—No State shall receive 

4 an allotment under this section for a fiscal year 

5 that is less than the allotment the State received 

6 for fiscal year 2004 under this section and under 

7 title II of this Act (as such section and title were 

8 in effect on the day before the date of enactment 

9 of the Vocational and Technical Education for 

10 the Future Act).’’. 

11 (c) WITHIN STATE ALLOCATION.—Section 112 (20 

12 U.S.C. 2322) is amended—

13 (1) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) ALLOCATION FORMULA.—From the amount allot16 ted to each State under section 111 for a fiscal year, the 

17 State board (hereinafter referred to as the ‘eligible agency’) 

18 shall allocate such amount as follows: 

19 ‘‘(1) Subject to paragraph (4), not less than 88 

20 percent shall be made available for distribution under 

21 section 131 or 132, of which the eligible agency shall 

22 first make available for the activities described in sec23 tion 135(b)(3) not less than the amount allotted in 

24 fiscal year 2004 to such eligible agency under title II 

25 of this Act (as such title was in effect on the day be-
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1 fore the date of enactment of the Vocational and Tech2 nical Education for the Future Act), reduced by the 

3 percentage by which the amount allotted to the State 

4 under section 111 for the fiscal year is less than the 

5 amount allotted under such section to such State for 

6 fiscal year 2004. Of the remainder of the 88 percent, 

7 not more than 10 percent may be used in accordance 

8 with subsection (c). 

9 ‘‘(2) Subject to paragraph (4), not more than 10 

10 percent shall be made available to carry out State 

11 leadership activities described in section 124, of 

12 which—

13 ‘‘(A) an amount equal to not more than 1 

14 percent of the amount allotted to the State under 

15 section 111 for the fiscal year shall be made 

16 available to serve individuals in State institu17 tions, such as State correctional institutions and 

18 institutions that serve individuals with disabil19 ities; and 

20 ‘‘(B) not less than $60,000 and not more 

21 than $150,000 shall be available for services that 

22 prepare individuals for nontraditional fields. 

23 ‘‘(3) An amount equal to not more than 2 per24 cent, or $250,000, whichever is greater, shall be made 
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1 available for administration of the State plan, which 

2 may be used for the costs of—

3 ‘‘(A) developing the State plan; 

4 ‘‘(B) reviewing the local plan; 

5 ‘‘(C) monitoring and evaluating program 

6 effectiveness; 

7 ‘‘(D) assuring compliance with all applica8 ble Federal laws; and 

9 ‘‘(E) providing technical assistance. 

10 ‘‘(4) If the amount allocated for any fiscal year 

11 under paragraph (2) shall be less than the amount al12 located under such paragraph for fiscal year 2004, 

13 additional amounts may be made available from the 

14 amount allocated under paragraph (1) for the pur15 poses described in paragraph (2). If such additional 

16 amounts are made available under this paragraph, 

17 the percentage of the total amount allotted under sec18 tion 111 that is allocated for the purposes described 

19 in paragraph (2) shall not exceed the percentage of 

20 the total amount allotted under section 111 for fiscal 

21 year 2004 that was allocated under paragraph (2) for 

22 fiscal year 2004.’’; and 

23 (2) in subsection (c)—

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

2 the semicolon and inserting ‘‘; and’’; 

3 (ii) in subparagraph (C), by striking 

4 ‘‘; and’’ and inserting a period; and 

5 (iii) by striking subparagraph (D); 

6 and 

7 (B) in paragraph (2), by striking ‘‘through 

8 (D)’’ and inserting ‘‘through (C)’’. 

9 SEC. 8. ACCOUNTABILITY. 

10 (a) PURPOSE.—Section 113(a) (20 U.S.C. 2323(a)) is 

11 amended—

12 (1) by striking ‘‘establish a State’’ and inserting 

13 ‘‘support a State and local’’; and 

14 (2) by inserting ‘‘and its eligible recipients’’ 

15 after ‘‘effectiveness of the State’’. 

16 (b) STATE PERFORMANCE MEASURES.—Section 

17 113(b) (20 U.S.C. 2323(b)) is amended—

18 (1) in paragraph (2)—

19 (A) by redesignating subparagraphs (B) 

20 through (D) as subparagraphs (C) through (E), 

21 respectively; 

22 (B) in subparagraph (A)—

23 (i) in the subparagraph heading, by 

24 inserting ‘‘FOR SECONDARY STUDENTS’’ 

25 after ‘‘PERFORMANCE’’; 
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1 (ii) by inserting ‘‘of secondary students 

2 that are, to the extent practicable, valid and 

3 reliable and’’ after ‘‘indicators of perform4 ance’’; 

5 (iii) in clause (i), by striking ‘‘State 

6 established academic,’’ and inserting ‘‘aca7 demic content and achievement standards, 

8 as established by the State under section 

9 1111(b)(1) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 6311(b)(1)),’’; 

12 (iv) in clause (ii)—

13 (I) by striking ‘‘or its recognized 

14 equivalent’’ and inserting ‘‘or the Gen15 eral Educational Development creden16 tial (including recognized alternative 

17 standards for individuals with disabil18 ities)’’; and 

19 (II) by striking ‘‘, or a postsec20 ondary degree or credential’’; 

21 (v) by amending clause (iii) to read as 

22 follows: 

23 ‘‘(iii) Student graduation rates (as de24 scribed in section 111(b)(2)(C)(vi) of the El25 ementary and Secondary Education Act of 
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1 1965 (20 U.S.C. 6311(b)(2)(C)(vi))), place2 ment in postsecondary education or ad3 vanced training, placement in military 

4 service, or placement in employment.’’; and 

5 (vi) in clause (iv), by striking ‘‘train6 ing and employment’’ and inserting 

7 ‘‘fields’’; 

8 (C) by inserting after subparagraph (A) the 

9 following: 

10 ‘‘(B) CORE INDICATORS OF PERFORMANCE

11 FOR POSTSECONDARY STUDENTS.—Each eligible 

12 agency shall identify in the State plan core indi13 cators of performance of postsecondary students 

14 that are, to the extent practicable, valid and reli15 able, and that include, at a minimum, measures 

16 of each of the following: 

17 ‘‘(i) Student attainment of challenging 

18 academic and vocational and technical skill 

19 proficiencies. 

20 ‘‘(ii) Student retention in postsec21 ondary education, attainment of an asso22 ciate degree or postsecondary credential, or 

23 transfer to a baccalaureate degree program. 

24 ‘‘(iii) Placement in military service or 

25 placement or retention in employment. 
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1 ‘‘(iv) Student participation in and 

2 completion of vocational and technical edu3 cation programs in nontraditional fields.’’; 

4 (D) in subparagraph (C) (as so redesig5 nated), by striking ‘‘under the title’’ and insert6 ing ‘‘under this title’’; and 

7 (E) in subparagraph (D) (as so redesig8 nated), by inserting ‘‘vocational and technical 

9 education’’ after ‘‘has developed State’’; and 

10 (2) in paragraph (3)—

11 (A) by amending the paragraph heading to 

12 read as follows: 

13 ‘‘(3) STATE LEVELS OF PERFORMANCE.—’’; and 

14 (B) in subparagraph (A)—

15 (i) in clause (i)—

16 (I) by striking ‘‘paragraph 

17 (2)(A)’’ and inserting ‘‘subparagraphs 

18 (A) and (B) of paragraph (2)’’; and 

19 (II) in subclause (II), by striking 

20 ‘‘to continually’’ and all that follows 

21 through ‘‘performance’’, and inserting 

22 ‘‘to make continuous and substantial 

23 improvement in the academic and vo24 cational and technical achievement’’; 
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1 (ii) by amending clause (v) to read as 

2 follows: 

3 ‘‘(v) AGREEMENT ON STATE ADJUSTED

4 LEVELS OF PERFORMANCE FOR SUBSE5 QUENT YEARS.—

6 ‘‘(I) 3RD AND 4TH PROGRAM

7 YEARS.—Prior to the third program 

8 year covered by the State plan, the 

9 Secretary and each eligible agency 

10 shall reach agreement on the State ad11 justed levels of performance for each of 

12 the core indicators of performance for 

13 the third and fourth programs years 

14 covered by the State plan, taking into 

15 account the factors described in clause 

16 (vi). 

17 ‘‘(II) 5TH AND 6TH PROGRAM

18 YEARS.—Prior to the fifth program 

19 year covered by the State plan, the 

20 Secretary and each eligible agency 

21 shall reach agreement on the State ad22 justed levels of performance for each of 

23 the core indicators of performance for 

24 the fifth and sixth programs years cov25 ered by the State plan, taking into ac-
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1 count the factors described in clause 

2 (vi). 

3 ‘‘(III) AGREEMENTS INCOR4 PORATED INTO STATE PLAN.—The 

5 State adjusted levels of performance 

6 agreed to under this clause shall be 

7 considered the State adjusted levels of 

8 performance for the State for such 

9 years and shall be incorporated into 

10 the State plan.’’; 

11 (iii) in clause (vi)(II), by inserting 

12 ‘‘and substantial’’ after ‘‘continuous’’; and 

13 (iv) in clause (vii), by striking ‘‘under 

14 clause (iii) or (iv)’’ and inserting ‘‘under 

15 clause (iii) or (v)’’. 

16 (c) LOCAL LEVELS OF PERFORMANCE.—Section 

17 113(b) is further amended by adding at the end the fol18 lowing: 

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

20 ‘‘(A) LOCAL ADJUSTED LEVELS OF PER21 FORMANCE FOR CORE INDICATORS OF PERFORM22 ANCE.—

23 ‘‘(i) IN GENERAL.—Each eligible re24 cipient shall establish in the local plan sub25 mitted under section 134, levels of perform-
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1 ance for each of the core indicators of per2 formance described in paragraph (2)(A) 

3 and (B), as appropriate for the eligible re4 cipient, for vocational and technical edu5 cation activities authorized under this title. 

6 The levels of performance established under 

7 this subparagraph shall, at a minimum—

8 ‘‘(I) be expressed in a percentage 

9 or numerical form, so as to be objec10 tive, quantifiable, and measurable; and 

11 ‘‘(II) require the eligible recipient 

12 to make continuous and substantial 

13 improvement in the academic and vo14 cational and technical achievement of 

15 vocational and technical education stu16 dents. 

17 ‘‘(ii) IDENTIFICATION IN THE LOCAL

18 PLAN.—Each eligible recipient shall iden19 tify, in the local plan submitted under sec20 tion 134, levels of performance for each of 

21 the core indicators of performance for the 

22 first 2 program years covered by the local 

23 plan. 

24 ‘‘(iii) AGREEMENT ON LOCAL AD25 JUSTED LEVELS OF PERFORMANCE FOR
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1 FIRST 2 YEARS.—The eligible agency and 

2 each eligible recipient shall reach agreement 

3 on the levels of performance for each of the 

4 core indicators of performance, for the first 

5 2 program years covered by the local plan, 

6 taking into account the levels identified in 

7 the local plan under clause (ii) and the fac8 tors described in clause (v). The levels of 

9 performance agreed to under this clause 

10 shall be considered to be the local adjusted 

11 level of performance for the eligible recipient 

12 for such years and shall be incorporated 

13 into the local plan prior to the approval of 

14 such plan. 

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

17 SUBSEQUENT YEARS.—

18 ‘‘(I) 3RD AND 4TH PROGRAM

19 YEARS.—Prior to the third program 

20 year covered by the local plan, the eli21 gible agency and each eligible recipient 

22 shall reach agreement on the local ad23 justed levels of performance for each of 

24 the core indicators of performance for 

25 the third and fourth program years 
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1 covered by the local plan, taking into 

2 account the factors described in clause 

3 (v). 

4 ‘‘(II) 5TH AND 6TH PROGRAM

5 YEARS.—Prior to the fifth program 

6 year covered by the local plan, the eli7 gible agency and each eligible recipient 

8 shall reach agreement on the local ad9 justed levels of performance for each of 

10 the core indicators of performance for 

11 the fifth and sixth program years cov12 ered by the local plan, taking into ac13 count the factors described in clause 

14 (v). 

15 ‘‘(III) AGREEMENTS INCOR16 PORATED INTO LOCAL PLAN.—The local 

17 adjusted levels of performance agreed to 

18 under this clause shall be considered to 

19 be the local adjusted levels of perform20 ance for the eligible recipient for such 

21 years and shall be incorporated into 

22 the local plan. 

23 ‘‘(v) FACTORS.—The agreement de24 scribed in clause (iii) or (iv) shall take into 

25 account—
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1 ‘‘(I) how the levels of performance 

2 involved compare with the local ad3 justed levels of performance established 

4 for other eligible recipients taking into 

5 account factors including the charac6 teristics of participants when the par7 ticipants entered the program and the 

8 services or instruction to be provided; 

9 and 

10 ‘‘(II) the extent to which such lev11 els of performance promote continuous 

12 and substantial improvement on the 

13 indicators of performance by such eli14 gible recipient. 

15 ‘‘(vi) REVISIONS.—If unanticipated 

16 circumstances arise with respect to an eligi17 ble recipient resulting in a significant 

18 change in the factors described in clause 

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

20 that the local adjusted levels of performance 

21 agreed to under clause (iii) or (iv) be re22 vised. The eligible agency shall issue objec23 tive criteria and methods for making such 

24 revisions. 
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1 ‘‘(B) LEVELS OF PERFORMANCE FOR ADDI2 TIONAL INDICATORS.—Each eligible recipient 

3 may identify in the local plan, local levels of 

4 performance for any additional indicators of 

5 performance. Such levels shall be considered to be 

6 the local levels of performance for purposes of 

7 this title. 

8 ‘‘(C) LOCAL REPORT.—

9 ‘‘(i) CONTENT OF REPORT.—Each eli10 gible recipient that receives an allotment 

11 under section 111 shall annually prepare 

12 and submit to the eligible agency a report, 

13 regarding—

14 ‘‘(I) the progress of such recipient 

15 in achieving the local adjusted levels of 

16 performance on the core indicators of 

17 performance; and 

18 ‘‘(II) in the case of an eligible re19 cipient that receives funds described in 

20 section 112(a) for activities described 

21 in section 135(b)(3), the progress in 

22 achieving the local adjusted levels of 

23 performance on the core indicators 

24 with respect to tech prep program par25 ticipants. 
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1 ‘‘(ii) DISAGGREGATION OF DATA.—

2 Each eligible recipient shall—

3 ‘‘(I) disaggregate data for each of 

4 the indicators of performance under 

5 section 113(b)(2) for the categories of 

6 students enumerated under section 

7 1111(b)(2)(C)(v)(II) of the Elementary 

8 and Secondary Education Act of 1965 

9 that are served under this Act; and 

10 ‘‘(II) identify and quantify any 

11 disparities or gaps in performance be12 tween any such category of students 

13 and the performance of all students 

14 served by the eligible recipient under 

15 the Act. 

16 ‘‘(iii) RULES FOR REPORTING OF

17 DATA.—The disaggregation of data under 

18 clause (ii) shall be required except in a case 

19 in which the number of students in a cat20 egory is insufficient to yield statistically re21 liable information or in which the results 

22 would reveal personally identifiable infor23 mation about an individual student. 

24 ‘‘(iv) AVAILABILITY.—The report de25 scribed in clause (i) shall be made available 
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1 to the public through a variety of formats, 

2 including electronically or through the 

3 Internet.’’. 

4 (d) STATE REPORT.—Section 113(c) (20 U.S.C. 

5 2323(c)) is amended—

6 (1) by redesignating paragraphs (2) and (3) as 

7 paragraphs (4) and (5), respectively, and inserting 

8 after paragraph (1) the following: 

9 ‘‘(2) DISAGGREGATION OF DATA.—Each eligible 

10 agency under this subsection shall—

11 ‘‘(A) disaggregate data for each of the indi12 cators of performance under section 113(b)(2) for 

13 the categories of students enumerated under sec14 tion 1111(b)(2)(C)(v)(II) of the Elementary and 

15 Secondary Education Act of 1965 that are served 

16 under this Act; and 

17 ‘‘(B) identify and quantify any disparities 

18 or gaps in performance between any such cat19 egory of students and the performance of all stu20 dents served by the eligible agency under the Act. 

21 ‘‘(3) RULES FOR REPORTING OF DATA.—The 

22 disaggregation of data under paragraph (2) shall be 

23 required except in a case in which the number of stu24 dents in a category is insufficient to yield statis25 tically reliable information or in which the results 
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1 would reveal personally identifiable information 

2 about an individual student.’’; and 

3 (2) in paragraph (4) (as so redesignated)—

4 (A) by striking ‘‘special populations’’ and 

5 inserting ‘‘each of the populations described in 

6 section 3(25) and the populations described in 

7 section 1111(h)(1)(C)(i) of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 

9 6311(h)(1)(C)(i))’’; and 

10 (B) by striking ‘‘have made’’ and inserting 

11 ‘‘has made’’. 

12 SEC. 9. NATIONAL ACTIVITIES. 

13 (a) PROGRAM PERFORMANCE INFORMATION.—Section 

14 114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by inserting 

15 ‘‘in the aggregate’’ after ‘‘international comparisons’’. 

16 (b) EVALUATION AND ASSESSMENT.—Section 114(c) 

17 (20 U.S.C. 2324(c)) is amended—

18 (1) by amending paragraph (2) to read as fol19 lows: 

20 ‘‘(2) INDEPENDENT ADVISORY PANEL.—The Sec21 retary shall appoint an independent advisory panel, 

22 consisting of academic and vocational and technical 

23 education educators, administrators, experts in eval24 uation, research, and assessment, representatives of 

25 labor organizations, businesses, parents, guidance and 
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1 counseling professionals, and other individuals with 

2 relevant expertise, to advise the Secretary on the im3 plementation of the assessment described in para4 graph (3), including the issues to be addressed and 

5 the methodology of the studies involved to ensure the 

6 assessment adheres to the highest standards of quality. 

7 The advisory panel shall transmit to the Secretary 

8 and to Congress an independent analysis of the find9 ings and recommendations resulting from such assess10 ment. The Federal Advisory Committee Act (5 U.S.C. 

11 App.) shall not apply to the panel established under 

12 this subsection.’’; 

13 (2) in paragraph (3)—

14 (A) in subparagraph (A), by inserting ‘‘the 

15 implementation of the’’ after ‘‘and assessment 

16 of’’; 

17 (B) in subparagraph (B)—

18 (i) by inserting ‘‘but shall not be lim19 ited to’’ after ‘‘paragraph (1) shall include’’; 

20 (ii) by striking clauses (i), (ii), (iv), 

21 and (vii) and redesignating clauses (iii), 

22 (v), (vi), and (viii) as clauses (i) through 

23 (iv), respectively; 

24 (iii) in clause (i) (as so redesignated), 

25 by striking ‘‘, and academic, curricula in 
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1 vocational and technical education pro2 grams,’’ and inserting ‘‘education (such as 

3 meeting State established teacher certifi4 cation or licensing requirements)’’; and 

5 (iv) in clause (ii) (as so redesig6 nated)—

7 (I) by striking ‘‘and employment 

8 outcomes’’ and all that follows through 

9 ‘‘including analyses of’’ and inserting 

10 ‘‘and vocational and technical edu11 cation achievement and employment 

12 outcomes of vocational and technical 

13 education students, including analyses 

14 of’’; 

15 (II) in subclause (I), by striking 

16 ‘‘and tech-prep students’’ and inserting 

17 ‘‘and students participating in the ac18 tivities described in section 135(b)(3)’’ 

19 ; 

20 (III) in subclause (II), by striking 

21 ‘‘academic, and vocational and tech22 nical, education’’ and inserting ‘‘rig23 orous and challenging academic and 

24 vocational and technical education, in25 cluding a review of the effect of inte-
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1 grated rigorous and challenging aca2 demic and vocational and technical 

3 education on the achievement of stu4 dents’’; and 

5 (IV) in subclause (III), by insert6 ing ‘‘, particularly those in which 

7 math and science skills are critical,’’ 

8 after ‘‘high-skill careers’’; and 

9 (C) in subparagraph (C)—

10 (i) in clause (i)—

11 (I) by striking ‘‘the Committee on 

12 Education and the Workforce of the 

13 House of Representatives and the Com14 mittee on Labor and Human Resources 

15 of the Senate’’ and inserting ‘‘Con16 gress’’; and 

17 (II) by striking ‘‘2002’’ and in18 serting ‘‘2008’’ both places it appears; 

19 and 

20 (ii) in clause (ii), by striking ‘‘the 

21 Committee on Education and the Workforce 

22 of the House of Representatives, the Com23 mittee on Labor and Human Resources of 

24 the Senate,’’ and inserting ‘‘Congress’’; 

25 (3) in paragraph (5)(A)—
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1 (A) by striking ‘‘to carry out research’’ each 

2 place it appears, and inserting ‘‘to carry out sci3 entifically based research’’; 

4 (B) in clause (i), by inserting ‘‘scientifically 

5 based’’ after ‘‘programs, including’’; 

6 (C) in clause (ii), by inserting ‘‘that are in7 tegrated with rigorous and challenging academic 

8 education’’ after ‘‘implementation of vocational 

9 and technical education programs’’; and 

10 (D) in clause (iii)(I), by inserting ‘‘and the 

11 integration of those systems with the academic 

12 education system’’ after ‘‘technical education sys13 tems’’; 

14 (4) in paragraph (6)—

15 (A) by striking: 

16 ‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—

17 ‘‘(A) DEMONSTRATION PROGRAM.—The’’, 

18 and inserting: 

19 ‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—

20 The’’; and 

21 (B) by striking subparagraph (B); and 

22 (5) in paragraph (8), by striking ‘‘this section’’ 

23 and all that follows and inserting ‘‘subsections (a), 

24 (b), and (c) of this section, such sums as may be nec25 essary for each of fiscal years 2005 through 2010.’’
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1 (c) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—

2 Section 114 is further amended by adding at the end the 

3 following new subsection: 

4 ‘‘(d) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—

5 ‘‘(1) IN GENERAL.—From funds reserved under 

6 section 111(a)(1)(C), the Secretary may award grants 

7 to eligible agencies for exemplary performance in car8 rying out programs under this Act. Such awards 

9 shall be based on an eligible agency exceeding State 

10 adjusted levels of performance established under sec11 tion 113(b) and showing sustained or significant im12 provement. 

13 ‘‘(2) SPECIAL CONSIDERATION.—In awarding 

14 these grants, the Secretary may consider—

15 ‘‘(A) an eligible agency’s success in effec16 tively developing connections between secondary 

17 education and postsecondary education and 

18 training; 

19 ‘‘(B) an eligible agency’s integration of rig20 orous and challenging academic and technical 

21 coursework; and 

22 ‘‘(C) an eligible agency’s progress in having 

23 special populations participating in vocational 

24 and technical education meet State adjusted lev25 els of performance. 
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1 ‘‘(3) USE OF FUNDS.—The funds awarded to an 

2 eligible agency under this subsection may be used to 

3 carry out any activities authorized under section 124, 

4 including demonstrations of innovative programs.’’. 

5 SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, 

6 AND TRIBALLY CONTROLLED INSTITUTIONS. 

7 (a) ASSISTANCE FOR THE OUTLYING AREAS.—Section 

8 115 (20 U.S.C. 2325) is amended to read as follows: 

9 ‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 

10 ‘‘(a) OUTLYING AREAS.—From funds reserved pursu11 ant to section 111(a)(1)(A), the Secretary shall—

12 ‘‘(1) make a grant in the amount of $660,000 to 

13 Guam; 

14 ‘‘(2) make a grant in the amount of $350,000 to 

15 each of American Samoa and the Commonwealth of 

16 the Northern Mariana Islands; and 

17 ‘‘(3) make a grant in the amount of $160,000 to 

18 the Republic of Palau. 

19 ‘‘(b) REMAINDER.—Subject to the provisions of sub20 section (a), the Secretary shall make a grant of the remain21 der of funds reserved pursuant to section 111(a)(1)(A), in 

22 equal proportion, to each of Guam, American Samoa, and 

23 the Commonwealth of the Northern Mariana Islands, for the 

24 purpose of providing direct vocational and technical edu25 cational services, including—
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1 ‘‘(1) teacher and counselor training and retrain2 ing; 

3 ‘‘(2) curriculum development; and 

4 ‘‘(3) the improvement of vocational and technical 

5 education and training programs in secondary 

6 schools and institutions of higher education, or im7 proving cooperative education programs involving 

8 both secondary schools and institutions of higher edu9 cation. 

10 ‘‘(c) RESTRICTION.—The Republic of Palau shall cease 

11 to be eligible to receive funding under this section upon en12 tering into an agreement for extension of United States edu13 cational assistance under the Compact of Free Association 

14 after the date of enactment of the Vocational and Technical 

15 Education for the Future Act.’’. 

16 (b) NATIVE AMERICAN PROGRAM.—Section 116 (20 

17 U.S.C. 2326) is amended—

18 (1) in subsection (a), by inserting a period at the 

19 end of paragraph (5); and 

20 (2) in subsection (b)—

21 (A) in paragraph (1), by striking ‘‘sub22 section (d)’’ and inserting ‘‘subsection (c)’’; and 

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

24 than in subsection (i))’’. 
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1 (c) TRIBALLY CONTROLLED INSTITUTIONS.—Section 

2 117 (20 U.S.C. 2327) is amended—

3 (1) by amending subsection (b) to read as fol4 lows: 

5 ‘‘(b) USES OF GRANTS.—Amounts made available 

6 under this section shall be used for vocational and technical 

7 education programs for Indian students and for instruc8 tional support costs of the grant, including the expenses de9 scribed in subsection (e).’’; 

10 (2) in subsection (c), by inserting after para11 graph (2) the following: 

12 ‘‘(3) INDIRECT COSTS.—Notwithstanding any 

13 other provision of law or regulation, the Secretary 

14 shall not require the use of a restricted indirect cost 

15 rate for grants issued under this section.’’; 

16 (3) by striking subsection (g) and redesignating 

17 subsections (h) and (i) as subsections (g) and (h), re18 spectively; and 

19 (4) in subsection (h) (as so redesignated)—

20 (A) by striking ‘‘$4,000,000 for fiscal year 

21 1999 and’’; and 

22 (B) by striking ‘‘the 4 succeeding fiscal 

23 years’’ and inserting ‘‘fiscal years 2005 through 

24 2010’’. 
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1 (d) OCCUPATIONAL AND EMPLOYMENT INFORMA2 TION.—Section 118 (20 U.S.C. 2328) is amended—

3 (1) by amending subsection (b) to read as fol4 lows: 

5 ‘‘(b) STATE LEVEL ACTIVITIES.—

6 ‘‘(1) DESIGNATED ENTITY.—In order for a State 

7 to receive a grant under this section, the eligible agen8 cy and the Governor of the State shall jointly des9 ignate an entity in the State responsible for con10 ducting the activities in this subsection. 

11 ‘‘(2) APPLICATION.—The jointly designated agen12 cy shall submit an application to the Secretary at the 

13 same time the State submits its state plan under sec14 tion 122. The application shall be in such a manner 

15 and be accompanied by such information as the Sec16 retary may reasonably require. At a minimum, the 

17 application shall describe how the jointly designated 

18 agency will assist the eligible agency in meeting its 

19 adjusted levels of performance under section 113(b). 

20 ‘‘(3) ACTIVITIES.—The jointly designated agency 

21 shall conduct activities—

22 ‘‘(A) to provide support for a career guid23 ance and academic counseling programs designed 

24 to promote improved career and education deci25 sion making by students (and parents, as appro-
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1 priate) regarding education and training options 

2 and preparations for high skill, high wage occu3 pations; 

4 ‘‘(B) to make available to students, parents, 

5 teachers, administrators, and counselors, and to 

6 improve accessibility with respect to, informa7 tion and planning resources that relate academic 

8 and vocational and technical educational prepa9 ration to career goals and expectations; 

10 ‘‘(C) to equip teachers, administrators, and 

11 counselors with the knowledge, skills, and occu12 pational information needed to assist students 

13 and parents with educational and other postsec14 ondary opportunities and education financing; 

15 ‘‘(D) to assist appropriate State entities in 

16 tailoring resources and training for use by such 

17 entities; 

18 ‘‘(E) to improve coordination and commu19 nication among administrators and planners of 

20 programs authorized by this Act and by section 

21 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) 

22 at the Federal, State, and local levels to ensure 

23 nonduplication of efforts and the appropriate use 

24 of shared information and data; and 
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1 ‘‘(F) to provide ongoing means for cus2 tomers, such as students and parents, to provide 

3 comments and feedback on products and services 

4 and to update resources, as appropriate, to better 

5 meet customer requirements.’’; 

6 (2) in subsection (e)(1), by striking ‘‘an identi7 fication’’ and inserting ‘‘a description’’; and 

8 (3) in subsection (f), by striking ‘‘1999 through 

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

10 SEC. 11. STATE ADMINISTRATION. 

11 Section 121 (20 U.S.C. 2341) is amended to read as 

12 follows: 

13 ‘‘SEC. 121. STATE ADMINISTRATION. 

14 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re15 sponsibilities of an eligible agency under this title shall in16 clude—

17 ‘‘(1) coordination of the development, submis18 sion, and implementation of the State plan, and the 

19 evaluation of the program, services, and activities as20 sisted under this title, including preparation for non21 traditional fields; 

22 ‘‘(2) consultation with the Governor and appro23 priate agencies, groups, and individuals including 

24 parents, students, teachers, representatives of busi25 nesses, labor organizations, eligible recipients, State 
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1 and local officials, and local program administrators, 

2 involved in the planning, administration, evaluation, 

3 and coordination of programs funded under this title; 

4 ‘‘(3) convening and meeting as an eligible agen5 cy (consistent with State law and procedure for the 

6 conduct of such meetings) at such time as the eligible 

7 agency determines necessary to carry out the eligible 

8 agency’s responsibilities under this title, but not less 

9 than four times annually; and 

10 ‘‘(4) the adoption of such procedures as the eligi11 ble agency considers necessary to—

12 ‘‘(A) implement State level coordination 

13 with the activities undertaken by the State 

14 boards under section 111 of Public Law 105–

15 220; and 

16 ‘‘(B) make available to the service delivery 

17 system under section 121 of Public Law 105–220 

18 within the State a listing of all school dropout, 

19 postsecondary, and adult programs assisted 

20 under this title. 

21 ‘‘(b) EXCEPTION.—Except with respect to the respon22 sibilities set forth in subsection (a), the eligible agency may 

23 delegate any of the other responsibilities of the eligible agen24 cy that involve the administration, operation, supervision 
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1 of activities assisted under this title, in whole or in part, 

2 to one or more appropriate State agencies.’’. 

3 SEC. 12. STATE PLAN. 

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

5 (1) in subsection (a)—

6 (A) in paragraph (1), by striking ‘‘5-year 

7 period’’ and inserting ‘‘6-year period’’; 

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

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

10 and 

11 (C) in paragraph (3), by striking ‘‘(includ12 ing employers, labor organizations, and par13 ents)’’ and inserting ‘‘(including charter school 

14 authorizers and organizers, employers, labor or15 ganizations, parents, students, and community 

16 organizations)’’; 

17 (2) in subsection (b)(1), by striking ‘‘teachers, el18 igible recipients, parents, students, interested commu19 nity members’’ and inserting ‘‘academic and voca20 tional and technical education teachers, eligible re21 cipients, charter school authorizers and organizers, 

22 parents, students, interested community members (in23 cluding parent and community organizations), insti24 tutions of higher education’’; 

25 (3) in subsection (c)—
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1 (A) in paragraph (1)—

2 (i) by redesignating subparagraphs (A) 

3 through (D) as subparagraphs (B) through 

4 (E), respectively, and inserting before such 

5 subparagraphs (as so redesignated) the fol6 lowing: 

7 ‘‘(A) the development of model sequences of 

8 courses for vocational and technical content 

9 areas that—

10 ‘‘(i) incorporate both secondary and 

11 postsecondary education elements; 

12 ‘‘(ii) include rigorous and challenging 

13 academic content and vocational and tech14 nical content in a coordinated, nonduplica15 tive progression of courses; 

16 ‘‘(iii) lead to a postsecondary 1-year 

17 certificate, associate or baccalaureate degree, 

18 or a proficiency credential in conjunction 

19 with a secondary school diploma; and 

20 ‘‘(iv) may be adopted by local edu21 cational agencies and postsecondary institu22 tions to be offered as an option to students 

23 (and their parents as appropriate), when 

24 choosing future coursework;’’; 
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1 (ii) in subparagraph (B) (as so redes2 ignated), by inserting ‘‘and how the eligible 

3 agency will distribute information identi4 fying eligible recipients that offer elements 

5 of the model sequences of courses’’ before the 

6 semicolon; 

7 (iii) by amending subparagraph (C) 

8 (as so redesignated) to read as follows: 

9 ‘‘(C) the criteria that will be used by the eli10 gible agency to evaluate and approve eligible re11 cipients for funds under this title, including cri12 teria to assess the extent to which the local plan 

13 will promote continuous and substantial im14 provement in academic achievement and tech15 nical skill attainment;’’; 

16 (iv) in subparagraph (D) (as so redes17 ignated)—

18 (I) by inserting ‘‘, both academi19 cally and technically,’’ after ‘‘stu20 dents’’; and 

21 (II) by striking ‘‘; and’’ and in22 serting ‘‘, and how participating stu23 dents will be made aware of such op24 portunities;’’; 
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1 (v) in subparagraph (E) (as so redesig2 nated), by inserting ‘‘aligned with rigorous 

3 and challenging academic content’’ before 

4 the semicolon; and 

5 (vi) by inserting after subparagraph 

6 (E) (as so redesignated) the following: 

7 ‘‘(F) the process by which, for vocational 

8 and technical education programs carried out 

9 under this Act, the eligible agency will develop 

10 the secondary or postsecondary elements of the 

11 model sequences of courses identified by the eligi12 ble agency, with an emphasis on rigorous and 

13 challenging academic and technical content that, 

14 through a progression of courses, leads to a post15 secondary 1-year certificate, associate’s or bacca16 laureate degree, or a proficiency credential in 

17 conjunction with a secondary school diploma; 

18 ‘‘(G) the role that any eligible recipients 

19 successfully implementing the activities described 

20 in section 135(b)(3) will play in assisting other 

21 eligible recipients in establishing agreements and 

22 plans for coordinating the offering of model se23 quences of courses to students at both the sec24 ondary and postsecondary levels; and 
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1 ‘‘(H) how funds will be used effectively to 

2 link secondary and postsecondary academic and 

3 vocational and technical education in a manner 

4 that increases student academic and vocational 

5 and technical achievement; 

6 ‘‘(I) how the eligible agency will report the 

7 integration of rigorous and challenging aca8 demics in vocational and technical education 

9 programs in order to adequately evaluate the 

10 quality of such integration;’’; 

11 (B) by amending paragraph (2) to read as 

12 follows: 

13 ‘‘(2) describes how comprehensive professional de14 velopment (including initial teacher preparation and 

15 activities that support recruitment) for vocational 

16 and technical, academic, guidance, and administra17 tive personnel will be provided, especially professional 

18 development that—

19 ‘‘(A) promotes the integration of rigorous 

20 and challenging academic and vocational and 

21 technical education curriculum development; 

22 ‘‘(B) increases the percentage of teachers 

23 that meet teacher certification or licensing re24 quirements; 
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1 ‘‘(C) increases the academic and industry 

2 knowledge of vocational and technical education 

3 teachers; and 

4 ‘‘(D) encourages applied learning that con5 tributes to the academic and vocational and tech6 nical knowledge of the student;’’; 

7 (C) in paragraph (3), by inserting ‘‘aca8 demic and vocational and technical’’ after ‘‘par9 ents,’’; 

10 (D) in paragraph (5)(A)—

11 (i) by inserting ‘‘(especially as per12 taining to math, science, and technology)’’ 

13 after ‘‘academic and technical skills’’; and 

14 (ii) by striking ‘‘core academic, and 

15 vocational and technical, subjects’’ and in16 serting ‘‘core academic subjects (as defined 

17 in section 9101(11) of the Elementary and 

18 Secondary Education Act of 1965 (20 

19 U.S.C. 7801(11))), and vocational and tech20 nical subjects’’; 

21 (E) in paragraph (11), by inserting ‘‘and 

22 technology’’ after ‘‘equipment’’; 

23 (F) by striking paragraph (19) and redesig24 nating paragraphs (12) through (18) as para25 graphs (13) through (19), respectively; 
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1 (G) by inserting after paragraph (11) the 

2 following: 

3 ‘‘(12) provides an assurance that when disposing 

4 of equipment acquired with funds under this Act, any 

5 personally identifiable information contained in such 

6 equipment will be totally destroyed prior to or as 

7 part of the disposition;’’; 

8 (H) in paragraph (18) (as so redesignated), 

9 by striking ‘‘training and employment’’ and in10 serting ‘‘fields’’; and 

11 (I) by redesignating paragraphs (20) and 

12 (21) as paragraphs (22) and (23), respectively, 

13 and inserting after paragraph (19) (as so redes14 ignated) the following: 

15 ‘‘(20) describes how the eligible agency will 

16 award grants, on a competitive basis or on the basis 

17 of a formula determined by the eligible agency, using 

18 funds described in section 112 (a) (1) for activities 

19 described in section 135(b)(3); 

20 ‘‘(21) describes how the eligible agency will carry 

21 out measurable, sustainable, and coordinated tech22 prep activities in the State (as described in section 

23 135(b)(3)), with funds allocated under section 112(a), 

24 that are developed in consultation with the entities 

25 described in subsection (b)(1) and that effectively pre-
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1 pare students for post-secondary education or employ2 ment in high demand occupations through a seamless 

3 program of study consisting of appropriate advanced 

4 academic and technical courses that include a min5 imum of 2 years of secondary school preceding grad6 uation and a minimum of 2 years of higher education 

7 or an apprenticeship program of at least 2 years fol8 lowing secondary instruction;’’; and 

9 (4) by striking subsections (d) and (f) and redes10 ignating subsection (e) as subsection (d). 

11 SEC. 13. IMPROVEMENT PLANS. 

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

13 follows: 

14 ‘‘SEC. 123. IMPROVEMENT PLANS. 

15 ‘‘(a) STATE PROGRAM IMPROVEMENT.—

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

17 upon State adjusted levels of performance required 

18 under section 113(b)(3), the eligible agency shall de19 velop and implement a program improvement plan 

20 (with special consideration to performance gaps iden21 tified under section 113(c)(2)) in consultation with 

22 the appropriate agencies, individuals, and organiza23 tions for the first program year succeeding the pro24 gram year in which the eligible agency failed to meet 
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1 the State adjusted levels of performance, in order to 

2 avoid a sanction under paragraph (3). 

3 ‘‘(2) TECHNICAL ASSISTANCE.—If the Secretary 

4 determines that an eligible agency is not properly im5 plementing the eligible agency’s responsibilities under 

6 section 122, or is not making substantial progress in 

7 meeting the purpose of this Act, based on the State’s 

8 adjusted levels of performance, the Secretary shall 

9 work with the eligible agency to implement improve10 ment activities consistent with the requirements of 

11 this Act. 

12 ‘‘(3) SUBSEQUENT ACTION.—

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

14 fails to meet the State adjusted levels of perform15 ance and the purposes of this Act, has not imple16 mented an improvement plan as described in 

17 paragraph (1), has shown no improvement with18 in 1 year after implementing an improvement 

19 plan as described in paragraph (1), or has failed 

20 to meet the State adjusted levels of performance 

21 for 2 or more consecutive years, the Secretary 

22 may, after notice and opportunity for a hearing, 

23 withhold from the eligible agency all, or a por24 tion of, the eligible agency’s allotment under this 

25 title. 
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1 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR2 CUMSTANCES.—The Secretary may waive the 

3 sanction in subparagraph (A) due to exceptional 

4 or uncontrollable circumstances such as a nat5 ural disaster or a precipitous and unforeseen de6 cline in the financial resources of the State. 

7 ‘‘(4) FUNDS RESULTING FROM REDUCED ALLOT8 MENTS.—

9 ‘‘(A) IN GENERAL.—The Secretary shall use 

10 funds withheld under paragraph (3) for a State 

11 served by an eligible agency, to provide (through 

12 alternative arrangements) services and activities 

13 within the State to meet the purposes of this Act. 

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

15 cannot satisfactorily use funds withheld under 

16 paragraph (3), then the amount of funds re17 tained by the Secretary as a result of a reduction 

18 in an allotment made under paragraph (3) shall 

19 be redistributed to other eligible agencies in ac20 cordance with section 111. 

21 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.—

22 ‘‘(1) LOCAL EVALUATION.—Each eligible agency 

23 shall evaluate annually, using the local adjusted levels 

24 of performance described in section 113(b)(4), the vo-
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1 cational and technical education activities of each eli2 gible recipient receiving funds under this title. 

3 ‘‘(2) PLAN.—

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

5 evaluation, the eligible agency determines that 

6 an eligible recipient is not making substantial 

7 progress in achieving the local adjusted levels of 

8 performance, or that an eligible recipient dem9 onstrates under section 113(b)(4)(C) a widening 

10 of performance gaps between multiple categories 

11 of students served by the eligible recipient in 

12 comparison to all students in the State served 

13 under the Act, the eligible agency shall—

14 ‘‘(i) conduct an assessment of the edu15 cational needs that the eligible recipient 

16 shall address to overcome local performance 

17 deficiencies; 

18 ‘‘(ii) enter into an improvement plan 

19 agreement with an eligible recipient based 

20 on the results of the assessment, for the first 

21 program year succeeding the program year 

22 in which the eligible recipient failed to meet 

23 the local adjusted levels of performance, 

24 which plan shall demonstrate how the local 

25 performance deficiencies will be corrected 
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1 and include strategies for professional devel2 opment and instructional and other pro3 grammatic innovations of demonstrated ef4 fectiveness, giving special consideration to 

5 performance gaps identified under section 

6 113(b)(4)(C); and 

7 ‘‘(iii) conduct regular evaluations of 

8 the progress being made toward reaching 

9 the local adjusted levels of performance as 

10 described in section 113(b)(4) and progress 

11 on implementing the improvement plan. 

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

13 shall conduct the activities described in para14 graph (2) in consultation with teachers, 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 substan21 tial progress in meeting the purpose of this Act, based 

22 on the local adjusted levels of performance, the eligible 

23 agency shall provide technical assistance to the eligi24 ble recipient to assist such recipient in carrying out 
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1 the improvement activities consistent with the re2 quirements of this Act. 

3 ‘‘(4) SUBSEQUENT ACTION.—

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 the 

7 purposes of this Act, has not implemented an im8 provement plan as described in paragraph (2), 

9 has shown no improvement within 1 year after 

10 implementing an improvement plan as described 

11 in paragraph (2), or has failed to meet the local 

12 adjusted 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 a 

21 natural disaster or a precipitous and unforeseen 

22 decline in the financial resources of the State. 

23 ‘‘(5) FUNDS RESULTING FROM REDUCED ALLOT24 MENTS.—The eligible agency shall use funds withheld 

25 under paragraph (4) to continue to provide (through 
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1 alternative arrangements) services and activities in 

2 the area served by such recipient to meet the purpose 

3 of this Act.’’. 

4 SEC. 14. STATE LEADERSHIP ACTIVITIES. 

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

6 (1) in subsection (b)—

7 (A) in paragraph (1), by striking ‘‘learn8 ing’’ and inserting ‘‘education’’; 

9 (B) in paragraph (2)—

10 (i) by inserting ‘‘, and the required 

11 math and science education,’’ after ‘‘use of 

12 technology in vocational and technical edu13 cation’’; and 

14 (ii) in subparagraph (B)—

15 (I) by inserting ‘‘(including the 

16 math and science knowledge that pro17 vides a strong basis for such skills)’’ 

18 after ‘‘technical skills’’; and 

19 (II) by striking ‘‘and tele20 communications field’’ and inserting 

21 ‘‘fields, including nontraditional 

22 fields’’; 

23 (C) in paragraph (3)—
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1 (i) by inserting ‘‘at the secondary and 

2 postsecondary levels’’ after ‘‘academic, guid3 ance, and administrative personnel’’; 

4 (ii) by redesignating subparagraphs 

5 (A) through (D) as subparagraphs (C) 

6 through (F), respectively, and inserting be7 fore such subparagraphs (as so redesig8 nated) the following: 

9 ‘‘(A) will provide inservice and preservice 

10 training for vocational and technical education 

11 teachers in the integration and use of rigorous 

12 and challenging academics with vocational and 

13 technical subjects; 

14 ‘‘(B) are high quality, sustained, intensive, 

15 and classroom-focused in order to have a positive 

16 and lasting impact on classroom instruction and 

17 the teacher’s performance in the classroom, and 

18 are not 1 day or short-term workshops or con19 ferences;’’; 

20 (iii) in subparagraph (C) (as so redes21 ignated)—

22 (I) by inserting ‘‘scientifically 

23 based’’ after ‘‘based on’’; and 

24 (II) by striking ‘‘; and’’ and in25 serting a semicolon; 
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1 (iv) in subparagraph (D) (as so redes2 ignated), by striking ‘‘assist students in 

3 meeting’’ and inserting ‘‘improve student 

4 achievement in order to meet’’; and 

5 (v) by amending subparagraph (E) (as 

6 so redesignated) to read as follows: 

7 ‘‘(E) will support education programs for 

8 teachers of vocational and technical education in 

9 public schools and other public school personnel 

10 who are involved in the direct delivery of edu11 cational services to vocational and technical edu12 cation students to ensure that teachers and per13 sonnel—

14 ‘‘(i) stay current with the needs, expec15 tations, and methods of industry; 

16 ‘‘(ii) meet teacher certification or li17 censing requirements, especially in core aca18 demic subjects as defined in section 

19 9101(11) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 

21 7801(11)); 

22 ‘‘(iii) effectively develop integrated rig23 orous and challenging academic and voca24 tional and technical education curriculum; 
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1 ‘‘(iv) develop a high level of academic 

2 and industry knowledge and skills of voca3 tional and technical education; and 

4 ‘‘(v) effectively use applied learning 

5 that contributes to the academic and voca6 tional and technical knowledge of the stu7 dent;’’; 

8 (D) in paragraph (4), by striking ‘‘integra9 tion of academics’’ and all that follows through 

10 ‘‘core academic,’’ and inserting ‘‘provision of rig11 orous and challenging academics that are inte12 grated with vocational and technical education 

13 to ensure achievement in the core academic sub14 jects (as defined in section 9101(11) of the Ele15 mentary and Secondary Education Act of 1965 

16 (20 U.S.C. 7801(11))),’’; 

17 (E) in paragraph (5), by striking ‘‘training 

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

19 (F) in paragraph (6), by inserting ‘‘and 

20 complete a model sequence of courses, as de21 scribed in section 122(c)(1)(A)’’ after ‘‘technical 

22 skills’’; 

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

24 and inserting a semicolon; 
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1 (H) in paragraph (8), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (I) by inserting after paragraph (8) the fol4 lowing: 

5 ‘‘(9) technical assistance for eligible recipients.’’; 

6 and 

7 (2) in subsection (c)—

8 (A) by striking paragraph (1), and redesig9 nating paragraphs (2) through (10) as para10 graphs (1) through (9), respectively, and para11 graphs (11) and (12) as paragraphs (12) and 

12 (13), respectively; 

13 (B) in paragraph (9) (as so redesignated), 

14 by inserting ‘‘that prepare individuals academi15 cally and technically for current and emerging 

16 occupations in demand’’ after ‘‘education 

17 courses’’; and 

18 (C) by inserting after paragraph (9) (as so 

19 redesignated) the following: 

20 ‘‘(10) awarding incentive grants to eligible re21 cipients for exemplary performance in carrying out 

22 programs under this Act, which awards shall be based 

23 on—

24 ‘‘(A) eligible recipients exceeding chal25 lenging performance measures established under 
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1 section 113(b) that reflect sustained or signifi2 cant improvement; 

3 ‘‘(B) eligible recipients effectively developing 

4 connections between secondary education and 

5 postsecondary education and training; 

6 ‘‘(C) the adoption and integration of rig7 orous and challenging academic and technical 

8 coursework; 

9 ‘‘(D) an eligible recipient’s progress in hav10 ing special populations participating in voca11 tional and technical education programs meet 

12 local adjusted levels of performance; or 

13 ‘‘(E) other factors relating to the perform14 ance of the eligible recipient under this Act as 

15 the eligible agency determines are appropriate. 

16 ‘‘(11) providing for activities to support entre17 preneurship education and training;’’. 

18 SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL 

19 PROGRAMS. 

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

21 (1) by striking subsection (a) and redesignating 

22 subsections (b) through (i) as subsections (a) through 

23 (h), respectively; 

24 (2) in subsection (a) (as so redesignated)—
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1 (A) in the subsection heading, by striking 

2 ‘‘SPECIAL’’ and ‘‘FOR SUCCEEDING FISCAL

3 YEARS’’; and 

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

5 succeeding fiscal years’’; and 

6 (3) in subsection (b) (as so redesignated)—

7 (A) by striking ‘‘subsection (b)’’ and insert8 ing ‘‘subsection (a)’’; and 

9 (B) by striking ‘‘(42 U.S.C. 9902(2))’’ and 

10 inserting ‘‘(42 U.S.C. 9902(2)))’’. 

11 SEC. 16. ELIMINATION OF REDISTRIBUTION RULE. 

12 Section 133 (20 U.S.C. 2353) is amended by striking 

13 subsection (b) and redesignating subsections (c) and (d) as 

14 subsections (b) and (c), respectively. 

15 SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL 

16 EDUCATION PROGRAMS. 

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

18 (1) in paragraph (2), by inserting ‘‘and local’’ 

19 after ‘‘State’’; 

20 (2) in paragraph (3)—

21 (A) by redesignating subparagraphs (A) 

22 through (C) as subparagraphs (B) through (D), 

23 respectively, and inserting before such subpara24 graphs the following: 
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1 ‘‘(A) offer the appropriate courses of at least 

2 one of the model sequences of courses described in 

3 section 124(c)(1), as appropriate to the eligible 

4 recipient responsible for that element of the se5 quence;’’; 

6 (B) in subparagraph (B) (as so redesig7 nated)—

8 (i) by inserting ‘‘rigorous and chal9 lenging’’ after ‘‘integration of’’; and 

10 (ii) by inserting ‘‘subjects (as defined 

11 by section 9101(11) of the Elementary and 

12 Secondary Education Act of 1965 (20 

13 U.S.C. 7801(11)))’’ after ‘‘core academic’’; 

14 and 

15 (C) in subparagraph (D) (as so redesig16 nated), by inserting ‘‘rigorous and’’ after ‘‘taught 

17 to the same’’; 

18 (3) by redesignating paragraphs (4) through (10) 

19 as paragraphs (5) through (11), respectively, and in20 serting after paragraph (3) the following: 

21 ‘‘(4) describe how comprehensive professional de22 velopment (including initial teacher preparation) for 

23 vocational and technical, academic, guidance, and 

24 administrative personnel will be provided that pro25 motes the integration of rigorous and challenging aca-
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1 demic and technical education (including curriculum 

2 development);’’; 

3 (4) in paragraph (5) (as so redesignated)—

4 (A) by inserting ‘‘academic and vocational 

5 and technical’’ after ‘‘students,’’; and 

6 (B) by inserting ‘‘, including the eligible re7 cipients that offer elements of the model sequence 

8 of courses’’ after ‘‘of this title’’; and 

9 (5) in paragraph (8) (as so redesignated)—

10 (A) in subparagraph (A), by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (B) in subparagraph (B), by inserting 

13 ‘‘and’’ after the semicolon; and 

14 (C) by inserting after subparagraph (B) the 

15 following: 

16 ‘‘(C) will provide activities to prepare spe17 cial populations, including single parents and 

18 displaced homemakers, for high skill, high wage 

19 occupations that will lead to self-sufficiency;’’. 

20 SEC. 18. LOCAL USE OF FUNDS. 

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

22 (1) in subsection (b)—

23 (A) in paragraph (1), by striking ‘‘to ensure 

24 learning in the core academic’’ and inserting ‘‘as 

25 established in the State-developed model se-
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1 quences of courses described in section 

2 122(c)(1)(A) to ensure learning in the core aca3 demic subjects (as defined by section 9101(11) of 

4 the Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 7801(11)))’’; 

6 (B) by striking paragraph (8); 

7 (C) by redesignating paragraphs (2) 

8 through (7) as paragraphs (4) through (9), re9 spectively, and inserting after paragraph (1) the 

10 following: 

11 ‘‘(2) link secondary vocational and technical 

12 education and postsecondary vocational and technical 

13 education, including offering model sequences of 

14 courses and implementing tech-prep programs con15 sistent with the activities described in paragraph (3); 

16 ‘‘(3) support tech-prep programs (if the eligible 

17 recipient receives the funds from the eligible agency 

18 under section 112(a)(1)) that—

19 ‘‘(A) are carried out under an articulation 

20 agreement between the participants in a consor21 tium, which shall include—

22 ‘‘(i) a local educational agency, an in23 termediate educational agency or area voca24 tional and technical education school serv25 ing secondary school students, or a sec-
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1 ondary school funded by the Bureau of In2 dian Affairs; and 

3 ‘‘(ii)(I) a nonprofit institution of high4 er education that offers—

5 ‘‘(aa) a 2 or 4-year degree pro6 gram, or a 2-year certificate program, 

7 and is qualified as an institution of 

8 higher education pursuant to section 

9 102 of the Higher Education Act of 

10 1965 (20 U.S.C. 1002) (except those 

11 institutions described in section 

12 102(a)(1)(C) of such Act), including an 

13 institution receiving assistance under 

14 the Tribally Controlled College or Uni15 versity Assistance Act of 1978 (25 

16 U.S.C. 1801 et seq.) and a tribally 

17 controlled postsecondary vocational 

18 and technical institution; or 

19 ‘‘(bb) a 2-year apprenticeship pro20 gram that follows secondary instruc21 tion, if such nonprofit institution of 

22 higher education is not prohibited from 

23 receiving assistance under part B of 

24 title IV of the Higher Education Act of 

25 1965 (20 U.S.C. 1071 et seq.) pursuant 
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1 to the provisions of section 435(a)(3) of 

2 such Act (20 U.S.C. 1083(a)); or 

3 ‘‘(II) a proprietary institution of 

4 higher education that offers a 2-year 

5 associate degree program and is quali6 fied as an institution of higher edu7 cation pursuant to section 102 of the 

8 Higher Education Act of 1965 (20 

9 U.S.C. 1002), if such proprietary insti10 tution of higher education is not sub11 ject to a default management plan re12 quired by the Secretary, 

13 and may include nonprofit organizations 

14 that provide eligible recipients with tech15 nology and programs to enhance math and 

16 science skills, employers, and labor organi17 zations; 

18 ‘‘(B) consist of a minimum of 2 years of 

19 secondary school preceding graduation and a 

20 minimum of 2 years of higher education, or an 

21 apprenticeship program of at least 2 years fol22 lowing secondary instruction; 

23 ‘‘(C) meet academic standards developed by 

24 the State, including standards developed under 

25 section 1111 of the Elementary and Secondary 
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1 Education Act of 1965 (20 U.S.C. 6311) for sec2 ondary students, and support proficiency in 

3 mathematics, science, reading, writing, commu4 nications, and technologies; 

5 ‘‘(D) are comprised of model sequences of 

6 courses that integrate rigorous and challenging 

7 academics and vocational and technical edu8 cation; 

9 ‘‘(E) provide technical preparation in a ca10 reer field such as engineering technology; applied 

11 science; a mechanical, industrial, or practical 

12 art or trade; agriculture; health occupations; 

13 business; applied economics; advanced manufac14 turing; or other high-demand occupations as de15 termined by the State; 

16 ‘‘(F) use, if appropriate and available, 

17 work-based or worksite learning in conjunction 

18 with academic and vocational and technical edu19 cation; 

20 ‘‘(G) use educational technology and dis21 tance learning, as appropriate, to involve all the 

22 consortium partners more fully in the develop23 ment and operation of programs; 

24 ‘‘(H) facilitate and promote close working 

25 relationships among eligible recipients to ensure 
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1 that programs within a geographic area are 

2 closely integrated with tech-prep program activi3 ties; 

4 ‘‘(I) are sustainable and use performance 

5 indicator data, described in section 113, to in6 form program quality; 

7 ‘‘(J) include academic and career coun8 seling for participants that provide information 

9 to students (and parents, as appropriate) regard10 ing tech-prep programs and support student 

11 progress in completing tech-prep programs; 

12 ‘‘(K) include in-service training for teachers 

13 that—

14 ‘‘(i) provides for joint training for 

15 teachers in tech-prep programs; and 

16 ‘‘(ii) is designed to ensure that teachers 

17 and administrators stay current with the 

18 needs, expectations, and methods of business 

19 and all aspects of an industry; and 

20 ‘‘(L) provide students with transferable 

21 credit between the consortium members, as de22 scribed in subparagraph (A), including through 

23 programs that allow secondary programs to be 

24 co-located on postsecondary campuses;’’; 

25 (D) in paragraph (5) (as so redesignated)—
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1 (i) by inserting ‘‘, and the related 

2 math and science education’’ after ‘‘use of 

3 technology in vocational and technical edu4 cation’’; 

5 (ii) in subparagraph (B)—

6 (I) by inserting ‘‘(including the 

7 math and science knowledge that pro8 vides a strong basis for such skills)’’ 

9 after ‘‘technical skills’’; and 

10 (II) by striking ‘‘and tele11 communications field’’ and inserting 

12 ‘‘fields’’; and 

13 (iii) in subparagraph (C)—

14 (I) by striking ‘‘work’’ and insert15 ing ‘‘collaborate’’; and 

16 (II) by inserting ‘‘that improve 

17 the math and science knowledge of stu18 dents’’ after ‘‘mentoring programs’’; 

19 (E) in paragraph (6) (as so redesignated)—

20 (i) by striking ‘‘teachers,’’ and insert21 ing ‘‘secondary and postsecondary teachers, 

22 instructors,’’; and 

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

24 ‘‘in effective teaching skills based on re25 search’’ and inserting ‘‘in effective integra-
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1 tion of rigorous and challenging academic 

2 and vocational and technical education, in 

3 effective teaching skills based on scientif4 ically based research’’; and 

5 (F) by inserting after paragraph (9) (as so 

6 redesignated) the following: 

7 ‘‘(10) provide activities to prepare special popu8 lations, including single parents and displaced home9 makers, for high skill, high wage occupations that will 

10 lead to self sufficiency.’’; and 

11 (2) in subsection (c)—

12 (A) in paragraph (2), by inserting ‘‘, re13 garding the range of postsecondary options 

14 available, including for adult students who are 

15 changing careers or updating skills’’ before the 

16 semicolon; 

17 (B) in paragraph (5), by inserting ‘‘, in18 cluding the establishment and operation of spe19 cial arrangements with industry partners that 

20 allow qualified industry professionals to serve as 

21 faculty in postsecondary programs’’ before the 

22 semicolon; 

23 (C) in paragraph (8), by striking ‘‘aides’’ 

24 and inserting ‘‘aids’’; 
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1 (D) in paragraph (9), by inserting ‘‘that 

2 address the integration of academic and voca3 tional and technical education and’’ after 

4 ‘‘teacher preparation programs’’; 

5 (E) by redesignating paragraphs (10) 

6 through (14) as paragraphs (12) through (16), 

7 and paragraph (15) as paragraph (19), respec8 tively, and inserting after paragraph (9) the fol9 lowing: 

10 ‘‘(10) to develop and expand postsecondary pro11 gram offerings that are accessible by students, includ12 ing the use of distance education; 

13 ‘‘(11) to provide activities to support entrepre14 neurship education and training;’’; 

15 (F) in paragraph (12) (as so redesignated), 

16 by inserting ‘‘, including development of new 

17 proposed model sequences of courses for consider18 ation by the eligible agency and courses that pre19 pare individuals academically and technically 

20 for current and emerging occupations that are in 

21 demand’’ before the semicolon; 

22 (G) in paragraph (16) (as so redesignated), 

23 by striking ‘‘; and’’ and inserting a semicolon, 

24 and inserting after such paragraph the following: 
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1 ‘‘(17) to provide accurate information relating to 

2 the availability of supportive services available in an 

3 area served by the eligible recipient , and referral to 

4 such services, as appropriate; 

5 ‘‘(18) to support the activities described in sub6 section (b)(3); and’’. 

7 SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT. 

8 Title II (20 U.S.C. 2071 et seq.) is repealed. 

9 SEC. 20. GENERAL PROVISIONS. 

10 (a) REDESIGNATION OF TITLE III.—

11 (1) REDESIGNATION.—Title III of the Carl D. 

12 Perkins Vocational and Technical Education Act of 

13 1998 (20 U.S.C. 2391 et seq.) is amended by redesig14 nating such title as title II of such Act. Such title is 

15 further amended by redesignating sections 311 

16 through 318 as section 211 through 218, respectively, 

17 and sections 321 through 325 as sections 221 through 

18 225, respectively. 

19 (2) TABLE OF CONTENTS AMENDMENT.—The 

20 table of contents of the Carl D. Perkins Vocational 

21 and Technical Education Act of 1998 is amended—

22 (A) by striking the items relating to title 

23 III; and 

24 (B) by amending the items relating to title 

25 II to read as follows:
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‘‘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 children. 

‘‘Sec. 218. 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 (b) FISCAL REQUIREMENTS.—Section 211(b) (20 

2 U.S.C. 2391(b)) (as so redesignated) is amended by insert3 ing after paragraph (2) the following: 

4 ‘‘(3) DEFINITION.—For purposes of this sub5 section, the term ‘preceding fiscal year’ means the 

6 Federal fiscal year or the 12-month fiscal period used 

7 by a State for official reporting purposes, prior to the 

8 beginning of the Federal fiscal year in which funds 

9 are available for obligation by the Secretary.’’. 

10 (c) PARTICIPATION OF PRIVATE SCHOOL CHILDREN.—

11 Section 217 (as so redesignated) is amended to read as fol12 lows: 

13 ‘‘SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN. 

14 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

15 ‘‘(1) IN GENERAL.—To the extent consistent with 

16 the number of children in the school district of a local 
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1 educational agency that is eligible to receive funds 

2 under this Act, or that serves the area in which a pro3 gram assisted under this Act is located, who are en4 rolled in private nonprofit elementary schools and 

5 secondary schools, or, with respect to instructional or 

6 personnel training programs funded by an eligible 

7 agency, the local educational agency, after consulta8 tion with appropriate private school officials—

9 ‘‘(A) shall provide, on an equitable basis 

10 and as may be necessary, for the benefit of such 

11 children in such schools, secular, neutral, and 

12 nonideological services (or other benefits), mate13 rials, and equipment, including the participa14 tion of the teachers of such children (and other 

15 educational personnel serving such children) in 

16 training programs; or 

17 ‘‘(B) if such services, materials, and equip18 ment are not feasible or necessary in one or more 

19 such private schools (as determined by the local 

20 educational agency after consultation with the 

21 appropriate private school officials), shall pro22 vide such other arrangements as will assure equi23 table participation of such children in the pur24 poses and benefits of this Act. 
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1 ‘‘(2) APPLICATION OF REQUIREMENTS.—The re2 quirements of this section relating to the participa3 tion of children, teachers, and other personnel serving 

4 such children shall apply to programs carried out 

5 under this Act by an eligible agency or local edu6 cational agency, whether directly or through grants 

7 to, or contracts with, other public or private agencies, 

8 institutions, or organizations. 

9 ‘‘(b) EQUAL EXPENDITURES.—

10 ‘‘(1) IN GENERAL.—Expenditures for programs 

11 under subsection (a) shall be equal (consistent with 

12 the number of children to be served) to expenditures 

13 for programs under this Act for children enrolled in 

14 the public schools of the local educational agency. 

15 ‘‘(2) CONCENTRATED PROGRAMS.—When funds 

16 available to a local educational agency under this Act 

17 are used to concentrate programs on a particular 

18 group, attendance area, or grade or age level, the local 

19 educational agency shall, after consultation with the 

20 appropriate private school officials, assure the equi21 table participation in both the purposes and benefits 

22 of such programs for children enrolled in private 

23 schools who are included within the group, attendance 

24 area, or grade or age level selected for such concentra25 tion shall, taking into account the needs of the indi-
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1 vidual children and other factors that relate to the ex2 penditures referred to in paragraph (1). 

3 ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—

4 ‘‘(1) FUNDS, MATERIALS AND EQUIPMENT.—

5 ‘‘(A) FUNDS.—The control of funds ex6 pended under this section shall be administered 

7 by a public agency. 

8 ‘‘(B) MATERIALS AND EQUIPMENT.—The 

9 title to materials and equipment provided under 

10 this section, shall remain with a public agency 

11 for the uses and purposes provided in this Act 

12 ‘‘(2) PROVISION OF SERVICES.—Services pro13 vided under this Act shall be provided by employees 

14 of a public agency or through contract by such a pub15 lic agency with a person, association, agency, organi16 zation, institution or corporation that, in the provi17 sion of such services, is independent of the private 

18 school and of any religious organizations, and such 

19 employment or contract shall be under the control 

20 and supervision of such a public agency. The funds 

21 utilized under this section shall not be commingled 

22 with State or local funds. 

23 ‘‘(3) TIMING AND CONTENT OF CONSULTATION.—

24 The consultation required under this section shall in25 clude meetings of agency and private school officials 
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1 and shall occur before the eligible agency and local 

2 educational agency makes any decision that affects 

3 the opportunities of eligible private school children to 

4 participate in programs under this Act. Such meet5 ings shall include a discussion of service delivery 

6 mechanisms (including third party contractors) and 

7 shall continue throughout implementation and assess8 ment of services under this Act. 

9 ‘‘(d) WAIVER AND BYPASS PROCEDURES.—

10 ‘‘(1) STATE PROHIBITION.—If an eligible agency 

11 or local educational agency is prohibited, by reason of 

12 any provision of law, from providing for the partici13 pation in programs of children enrolled in private el14 ementary schools and secondary schools as required 

15 by subsections (a) through (c), the Secretary shall 

16 waive such requirements for the agency involved and 

17 shall arrange for the provision of services to such chil18 dren through arrangements that shall be subject to the 

19 requirements of this section. 

20 ‘‘(2) FAILURE TO COMPLY.—If the Secretary de21 termines that an eligible agency or a local edu22 cational agency has substantially failed, or is unwill23 ing, to provide for the participation on an equitable 

24 basis of children enrolled in private elementary 

25 schools and secondary schools as required by sub-
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1 sections (a) through (c), the Secretary may waive 

2 such requirements and shall arrange for the provision 

3 of services to such children through arrangements that 

4 shall be subject to the requirements of this section. 

5 ‘‘(3) PAYMENT FROM STATE ALLOTMENT.—When 

6 the Secretary arranges for services under this sub7 section, the Secretary shall, after consultation with 

8 the appropriate public school and private school offi9 cials, pay the cost of such services, including the ad10 ministrative costs of arranging for those services, from 

11 the appropriate allotment of the eligible agency under 

12 this Act. 

13 ‘‘(4) DURATION OF DETERMINATION.—Any deter14 mination by the Secretary under this section shall 

15 continue in effect until the Secretary determines that 

16 there will no longer be any failure or inability on the 

17 Act of the eligible agency or local educational agency 

18 to meet the requirements of subsections (a) through 

19 (c). 

20 ‘‘(5) REVIEW OF DETERMINATION.—The Sec21 retary shall not take any final action under this sec22 tion until the eligible agency and the local edu23 cational agency affected by such action have had an 

24 opportunity, for not less than 45 days after receiving 

25 written notice thereof, to submit written objections 
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1 and to appear before the Secretary or the Secretary’s 

2 designee to show cause why that action should not be 

3 taken. 

4 ‘‘(e) WITHHOLDING OF ALLOTMENT OR ALLOCA5 TION.—Pending final resolution of any investigation or 

6 complaint that could result in a waiver under subsection 

7 (d)(1) or (d)(2), the Secretary may withhold from the allot8 ment or allocation of the affected eligible agency or local 

9 educational agency the amount estimated by the Secretary 

10 to be necessary to pay the cost of services to be provided 

11 by the Secretary under such subsection. 

12 ‘‘(f) PRIOR DETERMINATION.—Any bypass determina13 tion by the Secretary under Title I or Title IX of the Ele14 mentary and Secondary Education Act of 1965 shall, to 

15 the extent consistent with the purposes of this Act, apply 

16 to programs under this Act until such determinations ter17 minate or expire.’’. 

Union Calendar No. 401

108TH CONGRESS 

2D SESSION H. R. 4496

[Report No. 108–659] 

A BILL

To amend the Carl D. Perkins Vocational and 

and improve programs under that Act. Technical Education Act of 1998 to strengthen 

SEPTEMBER 7, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,