I 

108TH CONGRESS 

2D SESSION H. R. 4496 

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 

A BILL 

To amend the Carl D. Perkins Vocational and Technical 

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

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

3 SECTION 1. SHORT TITLE. 

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 
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1 be made to a section or other provision of the Carl D. 

2 Perkins Vocational and Technical Education Act of 1998 

3 (20 U.S.C. 2301 et seq.) 

4 SEC. 3. PURPOSES AND DEFINITIONS. 

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

6 amended by inserting ‘‘rigorous and challenging’’ after 

7 ‘‘integrate’’. 

8 (b) DEFINITIONS.—Section 3 of the Carl D. Perkins 

9 Vocational and Technical Education Act of 1998 (20 

10 U.S.C. 2302) is amended— 

11 (1) by redesignating paragraphs (4) through 

12 (20) as paragraphs (5) through (21) and paragraphs 

13 (21) through (30) as paragraphs (23) through (31), 

14 respectively; 

15 (2) by inserting after paragraph (3) the fol16 lowing: 

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

18 ‘articulation agreement’ means a written commit19 ment to a program designed to provide students with 

20 a nonduplicative sequence of progressive achieve21 ments leading to degrees or certificates in a tech22 prep education program provided by secondary 

23 schools and postsecondary educational institutions 

24 linked through credit transfer agreements. ’’; 
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1 (3) in paragraph (5) (as so redesignated), by 

2 inserting ‘‘to students (and parents, as appro3 priate)’’ after ‘‘providing access’’; 

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

5 striking ‘‘section 5206’’ and inserting ‘‘section 

6 5210’’; 

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

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

9 and inserting ‘‘method’’; and 

10 (B) by inserting ‘‘rigorous and chal11 lenging’’ after ‘‘required’’; 

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

13 by striking ‘‘an’’ and inserting ‘‘a public or non14 profit private’’; 

15 (7) in paragraph (18) (as so redesignated)— 

16 (A) in the paragraph heading, by striking 

17 ‘‘TRAINING AND EMPLOYMENT’’ and inserting 

18 ‘‘FIELDS’’; and 

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

20 and inserting ‘‘fields’’; 

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

22 striking ‘‘the Commonwealth of the Northern’’ and 

23 all that follows, and inserting ‘‘and the Common24 wealth of the Northern Mariana Islands.’’; 
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1 (9) by inserting after paragraph (21) (as so re2 designated) the following: 

3 ‘‘(22) SCIENTIFICALLY BASED RESEARCH.— 

4 The term ‘scientifically based research’ has the 

5 meaning given that term in section 9101(37) of the 

6 Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 780137)).’’; 

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

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

10 ‘‘training and employment’’ and inserting 

11 ‘‘fields’’; 

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

13 ‘‘and’’; 

14 (C) in subparagraph (F)— 

15 (i) by striking ‘‘individuals with other 

16 barriers to educational achievement, in17 cluding’’; and 

18 (ii) by striking the period and insert19 ing ‘‘; and’’; and 

20 (D) by inserting after subparagraph (F) 

21 the following: 

22 ‘‘(G) individuals with other barriers to edu23 cational achievement, as determined by the 

24 State.’’. 
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1 (11) in paragraph (28) (as so redesignated), by 

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

3 (12) in paragraph (29) (as so redesignated)— 

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

5 ‘‘paragraph (2)’’; and 

6 (B) by striking ‘‘paragraph (5)(A) of such 

7 section’’ and inserting ‘‘paragraph (5)(A) of 

8 such subsection’’; and 

9 (13) by amending paragraph (30)(A) (as so re10 designated) to read as follows: 

11 ‘‘(A) offer a sequence of course that— 

12 ‘‘(i) provides individuals with the rig13 orous and challenging academic and tech14 nical knowledge and skills the individuals 

15 need to prepare for further education and 

16 for careers (other than careers requiring a 

17 master’s or doctoral degree) in current or 

18 emerging employment sectors; and 

19 ‘‘(ii) provides, at the postsecondary 

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

21 degree, or industry recognized credential; 

22 and’’. 

23 SEC. 4. TRANSITION PROVISIONS. 

24 Section 4 (20 U.S.C. 2303) is amended— 
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1 (1) by striking ‘‘Applied Technology’’ and in2 serting ‘‘Technical’’; 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’’. 

7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 8 (20 U.S.C. 2307) is amended by striking 

9 ‘‘, and title II) such sums’’ and all that follows and insert10 ing ‘‘) $1,307,000,000 for fiscal year 2005 and such sums 

11 as may be necessary for each of fiscal years 2006 through 

12 2010.’’. 

13 SEC. 6. PROHIBITIONS. 

14 The Carl D. Perkins Vocational and Technical Edu15 cation Act of 1998 (20 U.S.C. 2301 et seq.) is amended 

16 by adding after section 8 the following new section: 

17 ‘‘SEC. 9. PROHIBITIONS. 

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

19 construed to authorize an officer or employee of the Fed20 eral government to mandate, direct, or control a State, 

21 local educational agency, or school’s curriculum, program 

22 of instruction, or allocation of State or local resources, or 

23 mandate a State or any subdivision thereof to spend any 

24 funds or incur any costs not paid for under this Act. 
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1 ‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any 

2 State that declines to submit an application to the Sec3 retary for assistance under this Act shall not be precluded 

4 from applying for assistance under any other program ad5 ministered by the Secretary. 

6 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL AP7 PROVAL OR CERTIFICATION OF STANDARDS.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of Federal law, no State shall be required 

10 to have academic content or student academic 

11 achievement standards approved or certified by the 

12 Federal government, in order to receive assistance 

13 under this Act. 

14 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

15 this subsection shall be construed to affect require16 ments under section 113.’’. 

17 SEC. 7. ALLOTMENT AND ALLOCATION TO STATES. 

18 (a) ALLOTMENT FOR NATIONAL ACTIVITIES FOR

19 2005.—Section 111(a)(C) is amended to read as follows: 

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

21 114(d).’’. 

22 (b) TECHNICAL AMENDMENTS.—Section 111(a)(3) 

23 (20 U.S.C. 2321(a)(3)) is amended by striking ‘‘(or in the 

24 case of fiscal year 1999’’ and all that follows through ‘‘Ap25 plied Amendments of 1998)’’ each place it appears. 
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1 (c) WITHIN STATE ALLOCATION.—Section 112 (20 

2 U.S.C. 2322) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘85 percent’’ and in6 serting ‘‘88 percent’’ both places it ap7 pears; 

8 (ii) by striking ‘‘10 percent’’ and in9 serting ‘‘18.3 percent’’; and 

10 (iii) by inserting ‘‘, except as specified 

11 in subsection (d)’’ before the period; and 

12 (B) in paragraph (3), by striking ‘‘5 per13 cent’’ and inserting ‘‘2 percent’’; 

14 (2) in subsection (c)(1), by amending subpara15 graph (D) to read as follows: 

16 ‘‘(D) situations in which eligible recipients 

17 desire additional funding to carry out effectively 

18 the activity described in section 135(b)(3).’’; 

19 and 

20 (3) by amending paragraph (2) of subsection 

21 (c) to read as follows: 

22 ‘‘(2) SPECIAL RULE.—Each eligible agency 

23 shall distribute grant funds described in paragraph 

24 (1) to eligible recipients for activities described in 

25 subparagraph (D) of such paragraph in an amount 
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1 at least equal to the amount allotted to the eligible 

2 agency for fiscal year 2004 under section 203 of this 

3 Act as such section was in effect on the day before 

4 the date of enactment of the Vocational and Tech5 nical Education for the Future Act.’’. 

6 SEC. 8. ACCOUNTABILITY. 

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

8 is amended— 

9 (1) by striking ‘‘establish a State’’ and insert10 ing ‘‘support a State and local’’; and 

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

12 after ‘‘effectiveness of the State’’. 

13 (b) STATE PERFORMANCE MEASURES.—Section 

14 113(b) (20 U.S.C. 2323(b)) is amended— 

15 (1) in paragraph (2)— 

16 (A) by redesignating subparagraphs (B) 

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

18 respectively; 

19 (B) in subparagraph (A)— 

20 (i) in the subparagraph heading, by 

21 inserting ‘‘FOR SECONDARY STUDENTS’’ 

22 after ‘‘PERFORMANCE’’; 

23 (ii) by inserting ‘‘of secondary stu24 dents that are, to the extent practicable, 
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1 valid and reliable and’’ after ‘‘indicators of 

2 performance’’; 

3 (iii) in clause (i)— 

4 (I) by striking ‘‘State established 

5 academic,’’ and inserting ‘‘academic 

6 content and achievement standards, 

7 as established by the State under sec8 tion 1111(b)(1) of the Elementary 

9 and Secondary Education Act of 1965 

10 (20 U.S.C. 6311(b)(1)),’’; and 

11 (II) by inserting ‘‘, including sec12 ondary school student attainment of 

13 postsecondary credits’’; 

14 (iv) in clause (ii)— 

15 (I) by striking ‘‘or its recognized 

16 equivalent’’ and inserting ‘‘or the 

17 General Equivalency Diploma (GED) 

18 (including recognized alternative 

19 standards for individuals with disabil20 ities),’’; and 

21 (II) by striking ‘‘, or a postsec22 ondary degree or credential’’; 

23 (v) in clause (iii), by striking ‘‘Place24 ment’’ and inserting ‘‘Student graduation 

25 rates (as described in section 
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1 1111(b)(2)(C)(vi) of the Elementary and 

2 Secondary Education Act of 1965 (20 

3 U.S.C. 6311(b)(2)(C)(vi)), placement’’; 

4 and 

5 (vi) by striking clause (iv); 

6 (C) by inserting after subparagraph (A) 

7 the following: 

8 ‘‘(B) CORE INDICATORS OF PERFORMANCE

9 FOR POSTSECONDARY STUDENTS.—Each eligi10 ble agency shall identify in the State plan core 

11 indicators of performance of postsecondary stu12 dents that include, at a minimum, measures of 

13 each of the following: 

14 ‘‘(i) Student attainment of challenging 

15 academic and vocational and technical skill 

16 proficiencies. 

17 ‘‘(ii) Student attainment of a postsec18 ondary degree or credential. 

19 ‘‘(iii) Placement in, retention in, and 

20 completion of, postsecondary education or 

21 advanced training, placement in military 

22 service, or placement or retention in em23 ployment. 

24 ‘‘(iv) Student participation in and 

25 completion of vocational and technical edu-
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1 cation programs in nontraditional fields.’’; 

2 and 

3 (D) in subparagraph (D) (as so redesig4 nated) by inserting ‘‘vocational and technical 

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

6 (2) in paragraph (3)— 

7 (A) by amending the paragraph heading to 

8 read as follows: 

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

10 (B) in subparagraph (A)(i)— 

11 (i) by striking ‘‘paragraph (2)(A)’’ 

12 and inserting ‘‘paragraphs (2)(A) and 

13 (B)’’; and 

14 (ii) in subclause (II), by striking ‘‘to 

15 continually’’ and all that follows through 

16 ‘‘performance’’, and inserting ‘‘to make 

17 continuous and substantial improvement in 

18 the academic and vocational and technical 

19 achievement’’; 

20 (C) in subparagraph (A)(v)— 

21 (i) in the clause heading by striking 

22 ‘‘AND 5TH’’ and inserting ‘‘5TH, AND 6TH’’; 

23 and 

24 (ii) by striking ‘‘and fifth’’ and insert25 ing, ‘‘fifth, and sixth’’; 
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1 (D) in subparagraph (A)(vi)(II), by insert2 ing ‘‘and substantial’’ after ‘‘continuous’’; and 

3 (E) in subparagraph (A)(vii), by striking 

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

5 clause (iii) or (v)’’. 

6 (c) LOCAL LEVELS OF PERFORMANCE.—Section 

7 113(b) is further amended by adding at the end the fol8 lowing: 

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

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

13 ‘‘(i) IN GENERAL.—Each eligible re14 cipient shall establish in the local plan sub15 mitted under section 134, levels of per16 formance for each of the core indicators of 

17 performance described in paragraphs 

18 (2)(A) and (B) for vocational and technical 

19 education activities authorized under this 

20 title. The levels of performance established 

21 under this subparagraph shall, at a min22 imum— 

23 ‘‘(I) be expressed in a percentage 

24 or numerical form, so as to be objec-
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1 tive, quantifiable, and measurable; 

2 and 

3 ‘‘(II) require the eligible recipient 

4 to make continuous and substantial 

5 improvement in the academic and vo6 cational and technical achievement of 

7 vocational and technical education 

8 students. 

9 ‘‘(ii) IDENTIFICATION IN THE LOCAL

10 PLAN.—Each eligible recipient shall iden11 tify, in the local plan submitted under sec12 tion 134, levels of performance for each of 

13 the core indicators of performance for the 

14 first 2 program years covered by the local 

15 plan. 

16 ‘‘(iii) AGREEMENT ON LOCAL AD17 JUSTED LEVELS OF PERFORMANCE FOR

18 THE FIRST 2 YEARS.—The eligible agency 

19 and each eligible recipient shall reach 

20 agreement on the levels of performance for 

21 each of the core indicators of performance, 

22 for the first 2 program years covered by 

23 the local plan, taking into account the lev24 els identified in the local plan under clause 

25 (ii) and the factors described in clause (v). 
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1 The levels of performance agreed to under 

2 this clause shall be considered to be the 

3 local adjusted level of performance for the 

4 eligible recipient for such years and shall 

5 be incorporated into the local plan prior to 

6 the approval of such plan. 

7 ‘‘(iv) AGREEMENT ON LOCAL AD8 JUSTED LEVELS OF PERFORMANCE FOR

9 3RD, 4TH, 5TH, AND 6TH YEARS.—Prior to 

10 the third program year covered by the local 

11 plan, the eligible agency and each eligible 

12 recipient shall reach agreement on the 

13 local adjusted levels of performance for 

14 each of the core indicators of performance 

15 for the third, fourth, fifth, and sixth pro16 gram years covered by the local plan, tak17 ing into account the factors described in 

18 clause (v). The local adjusted levels of per19 formance agreed to under this clause shall 

20 be considered to be the local adjusted lev21 els of performance for the eligible recipient 

22 for such years and shall be incorporated 

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

3 account— 

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

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

9 characteristics of participants when 

10 the participants entered the program 

11 and the services or instruction to be 

12 provided; and 

13 ‘‘(II) the extent to which such 

14 levels of performance promote contin15 uous improvement on the indicators of 

16 performance by such eligible recipient. 

17 ‘‘(vi) REVISIONS.—If unanticipated 

18 circumstances arise with respect to an eli19 gible recipient resulting in a significant 

20 change in the factors described in clause 

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

22 that the local adjusted levels of perform23 ance agreed to under clause (iii) or (iv) be 

24 revised. The eligible agency shall issue ob-
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1 jective criteria and methods for making 

2 such revisions. 

3 ‘‘(B) LEVELS OF PERFORMANCE FOR AD4 DITIONAL INDICATORS.—Each eligible recipient 

5 may identify in the local plan, local levels of 

6 performance for any additional indicators of 

7 performance. Such levels shall be considered to 

8 be the local levels of performance for purposes 

9 of this title. 

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

11 shall publicly report, on an annual basis, its 

12 progress in achieving its levels of performance 

13 on the core indicators of performance.’’. 

14 SEC. 9. NATIONAL ACTIVITIES. 

15 (a) PROGRAM PERFORMANCE INFORMATION.—Sec16 tion 114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by in17 serting ‘‘in the aggregate’’ after ‘‘international compari18 sons’’. 

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

20 (20 U.S.C. 2324(c)) is amended— 

21 (1) by amending paragraph (2) to read as fol22 lows: 

23 ‘‘(2) INDEPENDENT ADVISORY PANEL.—The 

24 Secretary shall appoint an independent advisory 

25 panel, consisting of academic and vocational and 
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1 technical education educators, administrators, ex2 perts in evaluation, research, and assessment, rep3 resentatives of labor organizations, businesses, par4 ents, guidance and counseling professionals, and 

5 other individuals with relevant expertise, to advise 

6 the Secretary on the implementation of the assess7 ment described in paragraph (3), including the 

8 issues to be addressed and the methodology of the 

9 studies involved to ensure the assessment adheres to 

10 the highest standards of quality. The advisory panel 

11 shall transmit to the Secretary and to Congress an 

12 independent analysis of the findings and rec13 ommendations resulting from such assessment. The 

14 Federal Advisory Committee Act (5 U.S.C. App.) 

15 shall not apply to the panel established under this 

16 subsection.’’. 

17 (2) in paragraph (3)— 

18 (A) in subparagraph (B)— 

19 (i) by inserting ‘‘but shall not be lim20 ited to’’ after ‘‘paragraph (1) shall in21 clude’’; 

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

23 (vi) and (vii) and redesignating clauses (iii) 

24 and (v) as clauses (i) and (ii), and clause 

25 (viii) as clause (iii), respectively; 
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1 (iii) in clause (i) (as so redesignated), 

2 by striking ‘‘, and academic, curricula in 

3 vocational and technical education pro4 grams,’’ and inserting ‘‘education’’; and 

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

7 (I) by striking ‘‘and employment 

8 outcomes’’ and all that follows 

9 through ‘‘including analyses of’’ and 

10 inserting ‘‘and vocational and tech11 nical education achievement and em12 ployment outcomes of vocational and 

13 technical education students, includ14 ing analyses of’’; 

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

16 ‘‘and tech-prep students’’; 

17 (III) in subclause (II), by insert18 ing ‘‘rigorous and challenging’’ after 

19 ‘‘integration of’’; and 

20 (IV) in subclause (III), by insert21 ing ‘‘particularly those in which math 

22 and science skills are critical,’’ after 

23 ‘‘high-skill careers’’; and 

24 (C) in subparagraph (C)— 
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1 (i) by striking ‘‘Committees on Edu2 cation and the Workforce of the House of 

3 Representatives and the Committee on 

4 Labor and Human Resources of the Sen5 ate’’ and inserting ‘‘Congress’’; 

6 (ii) in clause (i), by striking ‘‘2002’’ 

7 and inserting ‘‘2008’’ both places it ap8 pears; 

9 (3) in paragraph (5)(A)— 

10 (A) by striking ‘‘to carry out research’’ 

11 each place it appears, and inserting ‘‘to carry 

12 out scientifically based research’’; 

13 (B) in clause (i), by inserting ‘‘scientif14 ically based’’ after ‘‘programs, including’’; 

15 (C) in clause (ii), by inserting ‘‘that are in16 tegrated with rigorous and challenging aca17 demic education’’ after ‘‘implementation of vo18 cational and technical education programs’’; 

19 and 

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

21 integration of those systems with the academic 

22 education system’’ after ‘‘technical education 

23 systems’’; 

24 (4) in paragraph (6)— 

25 (A) by striking: 
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1 ‘‘(6) DEMONSTRATION AND DISSEMINATION.— 

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

3 and inserting: 

4 ‘‘(6) DEMONSTRATION PROGRAM.—The’’; and 

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

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

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

8 (b), and (c) of this section, such sums as may be 

9 necessary for each of fiscal years 2005 through 

10 2010.’’ 

11 (c) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.— 

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

13 following new subsection: 

14 ‘‘(d) INCENTIVE GRANTS FOR ELIGIBLE AGEN15 CIES.— 

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

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

18 grants to eligible agencies for exemplary perform19 ance in carrying out programs under this Act. Such 

20 awards shall be based on an eligible agency exceed21 ing challenging performance measures established 

22 under section 113(b) that reflect sustained or sig23 nificant improvement. 

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

25 these grants, the Secretary may consider— 
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1 ‘‘(A) an eligible agency effectively devel2 oping connections between secondary education 

3 and postsecondary education and training; and 

4 ‘‘(B) an agency’s adoption and integration 

5 of rigorous and challenging academic and tech6 nical coursework. 

7 ‘‘(3) USE OF FUNDS.—The funds awarded to 

8 an eligible agency under this subsection may be used 

9 to carry out any activities authorized under section 

10 124, including demonstrations of innovative pro11 grams.’’. 

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

13 AND TRIBALLY CONTROLLED INSTITUTIONS. 

14 (a) ASSISTANCE FOR THE OUTLYING AREAS.—Sec15 tion 115 (20 U.S.C. 2325) is amended by striking sub16 sections (b), (c), and (d). 

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

18 U.S.C. 2326) is amended— 

19 (1) in subsection (a), by inserting a period at 

20 the end of paragraph (5); 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘sub23 section (d)’’ and inserting ‘‘subsection (c)’’; 

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

25 than in subsection (i))’’; and 
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1 (C) by amending paragraph (5) to read as 

2 follows: 

3 ‘‘(5) REGULATIONS.—If the Secretary promul4 gates any regulations applicable to subsection (b)(2), 

5 the Secretary shall confer with, and allow participa6 tion by, representatives of Indian tribes, tribal orga7 nizations, and individual tribal members.’’; and 

8 (3) in subsection (c)(2)(A), by inserting ‘‘post9 secondary’’ after ‘‘enrolled in’’. 

10 (c) NEEDS ESTIMATE FOR TRIBALLY CONTROLLED

11 INSTITUTIONS.—Section 117 (20 U.S.C. 2327) is amend12 ed— 

13 (1) by striking subsection (g) and redesignating 

14 subsections (h) and (i) as subsections (g) and (h), 

15 respectively; and 

16 (2) in subsection (h) (as redesignated)— 

17 (A) by striking ‘‘1999’’ and inserting 

18 ‘‘2005’’; and 

19 (B) by striking ‘‘4 succeeding fiscal years’’ 

20 and inserting ‘‘5 succeeding fiscal years’’. 

21 (d) OCCUPATIONAL AND EMPLOYMENT INFORMA22 TION.—Section 118 (20 U.S.C. 2328) is amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (1), by striking ‘‘individ25 uals’’ and all that follows and inserting ‘‘stu-
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1 dents (and parents, as appropriate) regarding 

2 postsecondary education and training and prep3 aration for high wage, high skill occupations;’’; 

4 (B) in paragraph (2), by inserting ‘‘aca5 demic and vocational and technical’’ after ‘‘re6 sources that relate’’; 

7 (C) in paragraph (3), 

8 (i) by striking ‘‘knowledge and skills’’ 

9 and inserting ‘‘knowledge, skills, and occu10 pational information’’; and 

11 (ii) by striking the period at the end 

12 and inserting a semicolon; and 

13 (D) in paragraph (4), by inserting ‘‘post14 secondary’’ after ‘‘career-related’’; and 

15 (2) in subsection (f), by striking ‘‘1999 through 

16 2003’’ and inserting ‘‘2005 through 2010’’. 

17 SEC. 11. STATE ADMINISTRATION. 

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

19 follows: 

20 ‘‘SEC. 121. STATE ADMINISTRATION. 

21 ‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re22 sponsibilities of an eligible agency under this title shall 

23 include— 

24 ‘‘(1) coordination of the development, submis25 sion, and implementation of the State plan, and the 
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1 evaluation of the program, services, and activities as2 sisted under this title, including preparation for non3 traditional fields; 

4 ‘‘(2) consultation with the Governor and appro5 priate agencies, groups, and individuals including 

6 parents, students, teachers, representatives of busi7 nesses, labor organizations, eligible recipients, State 

8 and local officials, and local program administrators, 

9 involved in the planning, administration, evaluation, 

10 and coordination of programs funded under this 

11 title; 

12 ‘‘(3) convening and meeting as an eligible agen13 cy (consistent with State law and procedure for the 

14 conduct of such meetings) at such time as the eligi15 ble agency determines necessary to carry out the eli16 gible agency’s responsibilities under this title, but 

17 not less than four times annually; and 

18 ‘‘(4) the adoption of such procedures as the eli19 gible agency considers necessary to— 

20 ‘‘(A) implement State level coordination 

21 with the activities undertaken by the State 

22 boards under section 111 of Public Law 105– 

23 220; and 

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

25 system under section 121 of Public Law 105– 
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1 220 within the State a listing of all school drop2 out, postsecondary, and adult programs assisted 

3 under this title. 

4 ‘‘(b) EXCEPTION.—Except with respect to the re5 sponsibilities set forth in subsection (a), the eligible agen6 cy may delegate any of the other responsibilities of the 

7 eligible agency that involve the administration, operation, 

8 supervision of activities assisted under this title, in whole 

9 or in part, to one or more appropriate State agencies.’’. 

10 SEC. 12. STATE PLAN. 

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

12 (1) in subsection (a)— 

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

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

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

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

17 and 

18 (C) in paragraph (3), by striking ‘‘(includ19 ing employers, labor organizations, and par20 ents)’’ and inserting ‘‘(including charter school 

21 authorizers and organizers, employers, labor or22 ganizations, parents, students, and community 

23 organizations)’’; 

24 (2) in subsection (b)(1), by striking ‘‘teachers, 

25 eligible recipients, parents, students, interested com-
27 

•HR 4496 IH 

1 munity members’’ and inserting ‘‘academic and vo2 cational and technical education teachers, eligible re3 cipients, charter school authorizers and organizers, 

4 parents, students, interested community members 

5 (including parent and community organizations)’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) by redesignating subparagraphs 

9 (A) through (D) as subparagraphs (B) 

10 through (E), respectively, and inserting be11 fore such subparagraphs (as so redesig12 nated) the following: 

13 ‘‘(A) the development of model sequences 

14 of courses for vocational and technical content 

15 areas that— 

16 ‘‘(i) incorporate both secondary and 

17 postsecondary education elements; 

18 ‘‘(ii) include rigorous and challenging 

19 academic content and vocational and tech20 nical content in a coordinated, nonduplica21 tive progression of courses; 

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

23 certificate, associate’s or baccalaureate de24 gree, or a proficiency credential in conjunc25 tion with a secondary school diploma; and 
28 

•HR 4496 IH 

1 ‘‘(iv) may be adopted by local edu2 cational agencies and postsecondary insti3 tutions to be offered as an option to stu4 dents (and their parents as appropriate), 

5 when choosing future coursework.’’; 

6 (ii) in subparagraph (B) (as so redes7 ignated), by inserting ‘‘and how the eligible 

8 agency will distribute information identi9 fying eligible recipients that offer elements 

10 of the model sequences of courses’’ before 

11 the semicolon; 

12 (iii) by amending subparagraph (C) 

13 (as so redesignated) to read as follows: 

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

15 eligible agency to evaluate and approve eligible 

16 recipients for funds under this title, including 

17 criteria to assess the extent to which the local 

18 plan will promote— 

19 ‘‘(i) levels of high academic achieve20 ment; and 

21 ‘‘(ii) levels of high technical skill at22 tainment;’’; 

23 (iv) in subparagraph (D) (as so redes24 ignated)— 
29 

•HR 4496 IH 

1 (I) by inserting ‘‘, both academi2 cally and technically,’’ after ‘‘stu3 dents’’; and 

4 (II) by striking ‘‘; and’’ and in5 serting ‘‘, and how participating stu6 dents will be made aware of such op7 portunities;’’; 

8 (v) in subparagraph (E) (as so redes9 ignated), by striking the period and insert10 ing ‘‘aligned with challenging and rigorous 

11 academic content;’’; and 

12 (vi) by inserting after subparagraph 

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

14 ‘‘(F) the process by which the eligible 

15 agency will ensure that all vocational and tech16 nical education programs carried out under this 

17 Act include either the secondary or postsec18 ondary elements of the model sequences of 

19 courses identified by the eligible agency, with 

20 an emphasis on challenging academic and tech21 nical content and, through a progression of 

22 courses, leads to a postsecondary 1-year certifi23 cate, associate’s or baccalaureate degree, or a 

24 proficiency credential in conjunction with a sec25 ondary school diploma; 
30 

•HR 4496 IH 

1 ‘‘(G) the role that any Tech-Prep consortia 

2 (established under title II of this Act before its 

3 repeal by section 18 of the Vocational and 

4 Technical Education for the Future Act and 

5 supported by the eligible agency under this Act) 

6 will play in assisting local educational agencies 

7 and postsecondary educational institutions in 

8 establishing agreements and plans for offering 

9 model sequences of courses to students at both 

10 the secondary and postsecondary levels; and 

11 ‘‘(H) how funds will be used effectively to 

12 link secondary and postsecondary academic and 

13 vocational and technical education in a manner 

14 that increases student academic and vocational 

15 and technical achievement.’’; 

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

17 follows: 

18 ‘‘(2) describes how comprehensive professional 

19 development (including initial teacher preparation) 

20 for vocational and technical, academic, guidance, 

21 and administrative personnel will be provided, espe22 cially professional development that— 

23 ‘‘(A) promotes the integration of rigorous 

24 and challenging academic and vocational and 
31 

•HR 4496 IH 

1 technical education curriculum development; 

2 and 

3 ‘‘(B) increases the academic and vocational 

4 and technical knowledge of vocational and tech5 nical education teachers.’’; 

6 (C) in paragraph (3), by inserting ‘‘aca7 demic and technical’’ after ‘‘parents,’’; 

8 (D) in paragraph (5)(A)— 

9 (i) by inserting ‘‘(especially as per10 taining to math, science, and technology)’’ 

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

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

13 vocational and technical, subjects’’ and in14 serting ‘‘core academic subjects (as defined 

15 in section 9101(11) of the Elementary and 

16 Secondary Education Act of 1965 (20 

17 U.S.C. 7801(11))), and vocational and 

18 technical subjects’’; and 

19 (E) by striking paragraph (19) and redes20 ignating paragraphs (20) and (21) as para21 graphs (19) and (20), respectively; and 

22 (4) by striking subsections (d) and (f) and re23 designating subsection (e) as subsection (d). 
32 

•HR 4496 IH 

1 SEC. 13. IMPROVEMENT PLANS. 

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

3 follows: 

4 ‘‘SEC. 123. IMPROVEMENT PLANS. 

5 ‘‘(a) STATE PROGRAM IMPROVEMENT.— 

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

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

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

11 agencies, individuals, and organizations for the first 

12 program year succeeding the program year in which 

13 the eligible agency failed to meet the State adjusted 

14 levels of performance, in order to avoid a sanction 

15 under paragraph (3). 

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

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

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

22 the Secretary shall work with the eligible agency to 

23 implement improvement activities consistent with the 

24 requirements of this Act. 

25 ‘‘(3) FAILURE.— 
33 

•HR 4496 IH 

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

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

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

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

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

8 adjusted levels of performance for 2 or more 

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

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

12 eligible agency’s allotment under this title. 

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

15 sanction in subparagraph (A) due to exceptional 

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

18 decline in the financial resources of the State. 

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

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

22 use funds withheld under paragraph (3) for a 

23 State served by an eligible agency, to provide 

24 (through alternative arrangements) services and 
34 

•HR 4496 IH 

1 activities within the State to meet the purposes 

2 of this Act. 

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

4 cannot satisfactorily use funds withheld under 

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

8 shall be redistributed to other eligible agencies 

9 in accordance with section 111. 

10 ‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 

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

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

14 the vocational and technical education activities of 

15 each eligible recipient receiving funds under this 

16 title. 

17 ‘‘(2) PLAN.— 

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

19 evaluation, the eligible agency determines that 

20 an eligible recipient is not making substantial 

21 progress in achieving the local adjusted levels of 

22 performance, the eligible agency shall— 

23 ‘‘(i) conduct an assessment of the 

24 educational needs that the eligible recipient 
35 

•HR 4496 IH 

1 shall address to overcome local perform2 ance deficiencies; 

3 ‘‘(ii) enter into an improvement plan 

4 agreement with an eligible recipient based 

5 on the results of the assessment, for the 

6 first program year succeeding the program 

7 year in which the eligible recipient failed to 

8 meet the local adjusted levels of perform9 ance, which plan shall demonstrate how 

10 the local performance deficiencies will be 

11 corrected and include instructional and 

12 other programmatic innovations of dem13 onstrated effectiveness, and where nec14 essary, strategies for appropriate staffing 

15 and professional development; and 

16 ‘‘(iii) conduct regular evaluations of 

17 the progress being made toward reaching 

18 the local adjusted levels of performance as 

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

20 progress on the improvement plan itself. 

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

22 shall conduct the activities described in para23 graph (2) in consultation with teachers, par24 ents, other school staff, appropriate agencies, 
36 

•HR 4496 IH 

1 and other appropriate individuals and organiza2 tions. 

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

4 agency determines that an eligible recipient is not 

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

8 based on the local adjusted levels of performance, 

9 the eligible agency shall provide technical assistance 

10 to the eligible recipient to assist such recipient in 

11 carrying out the improvement activities consistent 

12 with the requirements of this Act. 

13 ‘‘(4) FAILURE.— 

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

15 fails to meet the local adjusted levels of per16 formance as described in section 113(b)(4), has 

17 not implemented an improvement plan as de18 scribed in paragraph (2), has shown no im19 provement within 1 year after implementing an 

20 improvement plan as described in paragraph 

21 (2), or has failed to meet the local adjusted lev22 els of performance for 2 or more consecutive 

23 years, the eligible agency may, after notice and 

24 opportunity for a hearing, withhold from the el-
37 

•HR 4496 IH 

1 igible recipient all, or a portion of, the eligible 

2 recipient’s allotment under this title. 

3 ‘‘(B) WAIVER FOR EXCEPTIONAL CIR4 CUMSTANCES.—The eligible agency may waive 

5 the sanction under this paragraph due to excep6 tional or uncontrollable circumstances such as a 

7 natural disaster or a precipitous and unforeseen 

8 decline in the financial resources of the State. 

9 ‘‘(5) FUNDS RESULTING FROM REDUCED AL10 LOTMENTS.—The eligible agency shall use funds 

11 withheld under paragraph (4) to provide (through 

12 alternative arrangements) services and activities to 

13 students within the area served by such recipient to 

14 meet the purpose of this Act.’’. 

15 SEC. 14. STATE LEADERSHIP ACTIVITIES. 

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

17 (1) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘learn19 ing’’ and inserting ‘‘education’’; 

20 (B) in paragraph (2)— 

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

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

23 technology in vocational and technical edu24 cation’’; and 

25 (ii) in subparagraph (B)— 
38 

•HR 4496 IH 

1 (I) by inserting ‘‘(including the 

2 math and science knowledge that pro3 vides a strong basis for such skills)’’ 

4 after ‘‘technical skills’’; and 

5 (II) by striking ‘‘and tele6 communications field’’ and inserting 

7 ‘‘fields’’; 

8 (C) in paragraph (3)— 

9 (i) by inserting ‘‘at the secondary and 

10 postsecondary levels’’ after ‘‘academic, 

11 guidance, and administrative personnel’’; 

12 (ii) by redesignating subparagraphs 

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

14 through (F), respectively, and inserting be15 fore such subparagraphs (as so redesig16 nated) the following: 

17 ‘‘(A) will provide inservice and preservice 

18 training for vocational and technical education 

19 teachers in the integration and use of rigorous 

20 and challenging academics with vocational and 

21 technical subjects; 

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

23 and classroom-focused in order to have a posi24 tive and lasting impact on classroom instruction 

25 and the teacher’s performance in the classroom, 
39 

•HR 4496 IH 

1 and are not 1 day or short-term workshops or 

2 conferences;’’; 

3 (iii) in subparagraph (C) (as so redes4 ignated)— 

5 (I) by inserting ‘‘scientifically 

6 based’’ after ‘‘based on’’; and 

7 (II) by striking ‘‘; and’’ and in8 serting a semicolon; 

9 (iv) in subparagraph (D) (as so redes10 ignated), by striking ‘‘assist students in 

11 meeting’’ and inserting ‘‘improve student 

12 achievement in order to meet’’; and 

13 (v) by amending subparagraph (E) 

14 (as so redesignated) to read as follows: 

15 ‘‘(E) will support education programs for 

16 teachers of vocational and technical education 

17 in public schools and other public school per18 sonnel who are involved in the direct delivery of 

19 educational services to vocational and technical 

20 education students to ensure that teachers and 

21 personnel— 

22 ‘‘(i) stay current with the needs, ex23 pectations, and methods of industry; 

24 ‘‘(ii) meet teacher certification or li25 censing requirements, especially in core 
40 

•HR 4496 IH 

1 academic subjects as defined in section 

2 9101(11) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 

4 7801(11)); 

5 ‘‘(iii) can effectively develop inte6 grated rigorous and challenging academic 

7 and vocational and technical education cur8 riculum; and 

9 ‘‘(iv) develop a high level of academic 

10 and industry knowledge and skills of voca11 tional and technical education.’’; 

12 (D) in paragraph (4), by striking ‘‘integra13 tion of academics’’ and all that follows through 

14 ‘‘core academic,’’ and inserting ‘‘provision of 

15 rigorous and challenging academics that are in16 tegrated with vocational and technical education 

17 to ensure achievement in the core academic sub18 jects (as defined in section 9101(11) of the Ele19 mentary and Secondary Education Act of 1965 

20 (20 U.S.C. 7801(11))),’’; 

21 (E) in paragraph (6), by inserting ‘‘and 

22 complete a sequence of courses, as described in 

23 section 122(c)(1)(A)’’ after ‘‘technical skills’’; 

24 (F) in paragraph (7), by striking ‘‘; and’’ 

25 and inserting a semicolon; 
41 

•HR 4496 IH 

1 (G) in paragraph (8), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (H) by inserting after paragraph (8) the 

4 following: 

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; 

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

12 by inserting ‘‘that prepare individuals academi13 cally and technically for current and emerging 

14 occupations in demand’’ after ‘‘education 

15 courses’’; and 

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

17 redesignated) the following: 

18 ‘‘(10) awarding incentive grants to eligible re19 cipients for exemplary performance in carrying out 

20 programs under this Act, which awards shall be 

21 based on— 

22 ‘‘(A) eligible recipients exceeding chal23 lenging performance measures established 

24 under section 113(b) that reflect sustained or 

25 significant improvement; 
42 

•HR 4496 IH 

1 ‘‘(B) eligible recipients effectively devel2 oping connections between secondary education 

3 and postsecondary education and training; 

4 ‘‘(C) the adoption and integration of rig5 orous academic and technical coursework and 

6 other such factors relating to the performance 

7 of the eligible recipient under this Act as the el8 igible agency determines are appropriate; or 

9 ‘‘(D) other factors relating to the perform10 ance of the eligible recipient under this Act as 

11 the eligible agency determines are appro12 priate.’’. 

13 SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL 

14 PROGRAMS. 

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

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

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

18 through (h), respectively; and 

19 (2) in subsection (a) (as so redesignated)— 

20 (A) in the subsection heading, by striking 

21 ‘‘SPECIAL’’ and ‘‘FOR SUCCEEDING FISCAL

22 YEARS’’; and 

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

24 succeeding fiscal years’’; and 

25 (3) in subsection (b)— 
43 

•HR 4496 IH 

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

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

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

5 SEC. 16. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL 

6 EDUCATION PROGRAMS. 

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

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

9 after ‘‘State’’; 

10 (2) in paragraph (3)— 

11 (A) by redesignating subparagraphs (A) 

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

13 respectively, and inserting before such subpara14 graphs the following: 

15 ‘‘(A) offer the appropriate courses of at 

16 least one of the model curricula described in 

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

18 recipient responsible for that element of the se19 quence;’’; 

20 (B) in subparagraph (B) (as so redesig21 nated)— 

22 (i) by inserting ‘‘rigorous and chal23 lenging’’ after ‘‘integration of’’; and 

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

25 by section 9101(11) of the Elementary and 
44 

•HR 4496 IH 

1 Secondary Education Act of 1965 (20 

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

3 and 

4 (C) in subparagraph (D) (as so redesig5 nated), by inserting ‘‘rigorous and’’ after 

6 ‘‘taught to the same’’; 

7 (3) by redesignating paragraphs (4) through 

8 (10) as paragraphs (5) through (11), respectively, 

9 and inserting after paragraph (3) the following: 

10 ‘‘(4) describe how comprehensive professional 

11 development (including initial teacher preparation) 

12 for vocational and technical, academic, guidance, 

13 and administrative personnel will be provided that 

14 promotes the integration of rigorous and challenging 

15 academic and technical education (including cur16 riculum development);’’; and 

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

18 (A) by inserting ‘‘academic and vocational 

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

20 (B) by inserting ‘‘, including the eligible 

21 recipients that offer elements of the model se22 quence of courses’’ after ‘‘of this title’’. 

23 SEC. 17. LOCAL USE OF FUNDS. 

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

25 (1) in subsection (b)— 
45 

•HR 4496 IH 

1 (A) in paragraph (1), by striking ‘‘to en2 sure learning in the core academic’’ and insert3 ing ‘‘as established in the State-developed 

4 model sequences of courses described in section 

5 122(c)(1)(A) to ensure learning in the core aca6 demic subjects (as defined by section 9101(11) 

7 of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 7801(11)))’’; 

9 (B) by striking paragraph (8); 

10 (C) by redesignating paragraphs (2) 

11 through (7) as paragraphs (4) through (9), re12 spectively, and inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) link secondary vocational and technical 

15 education and postsecondary vocational and tech16 nical education, including offering model sequences 

17 of courses and implementing Tech-Prep programs; 

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

19 recipient receives the funds from the eligible agency 

20 under section 112(a)(1) that— 

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

22 agreement between the participants in the con23 sortium, which shall include— 

24 ‘‘(i) a local educational agency, an in25 termediate educational agency or area vo-
46 

•HR 4496 IH 

1 cational and technical education school 

2 serving secondary school students, or a 

3 secondary school funded by the Bureau of 

4 Indian Affairs; and 

5 ‘‘(ii)(I) a nonprofit institution of high6 er education that offers— 

7 ‘‘(aa) a 2 or 4-year degree pro8 gram, or a 2-year certificate program, 

9 and is qualified as institutions of 

10 higher education pursuant to section 

11 102 of the Higher Education Act of 

12 1965 (20 U.S.C. 1002) (except those 

13 institutions described in section 

14 102(a)(1)(C) of such Act), including 

15 an institution receiving assistance 

16 under the Tribally Controlled College 

17 or University Assistance Act of 1978 

18 (25 U.S.C. 1801 et seq.) and a trib19 ally controlled postsecondary voca20 tional and technical institution; or 

21 ‘‘(bb) a 2-year apprenticeship 

22 program that follows secondary in23 struction, if such nonprofit institution 

24 of higher education is not prohibited 

25 from receiving assistance under part 
47 

•HR 4496 IH 

1 B of title IV of the Higher Education 

2 Act of 1965 (20 U.S.C. 1071 et seq.) 

3 pursuant to the provisions of section 

4 435(a)(3) of such Act (20 U.S.C. 

5 1083(a)); or 

6 ‘‘(II) a proprietary institution of 

7 higher education that offers a 2-year 

8 associate degree program and is quali9 fied as an institution of higher edu10 cation pursuant to section 102 of the 

11 Higher Education Act of 1965 (20 

12 U.S.C. 1002), if such proprietary in13 stitution of higher education is not 

14 subject to a default management plan 

15 required by the Secretary, 

16 and may include employers and labor orga17 nizations; 

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 

24 by the State, including standards developed 

25 under section 1111 of the Elementary and Sec-
48 

•HR 4496 IH 

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

2 6311) for secondary students, and support pro3 ficiency in mathematics, science, reading, writ4 ing, communications, 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, ap11 plied science, a mechanical, industrial, or prac12 tical art or trade, agriculture, health occupa13 tions, business, or applied economics; 

14 ‘‘(F) that use, if appropriate and available, 

15 work-based or worksite learning in conjunction 

16 with academic and vocational and technical edu17 cation; 

18 ‘‘(G) that use educational technology and 

19 distance learning, as appropriate, to involve all 

20 the consortium partners more fully in the devel21 opment and operation of programs; and 

22 ‘‘(H) that facilitate and promote close 

23 working relationships among eligible recipients 

24 to ensure that programs within a geographic 
49 

•HR 4496 IH 

1 area are closely integrated with Tech-Prep pro2 gram activities.’’; 

3 (D) in paragraph (5) (as so redesig4 nated)— 

5 (i) by inserting ‘‘, and the related 

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

7 technology in vocational and technical edu8 cation’’; 

9 (ii) in subparagraph (B)— 

10 (I) by inserting ‘‘(including the 

11 math and science knowledge that pro12 vides a strong basis for such skills)’’ 

13 after ‘‘technical skills’’; and 

14 (II) by striking ‘‘and tele15 communications field’’ and inserting 

16 ‘‘fields’’; and 

17 (iii) in subparagraph (C)— 

18 (I) by striking ‘‘work’’ and in19 serting ‘‘collaborate’’; and 

20 (II) by inserting ‘‘that improve 

21 the math and science knowledge of 

22 students’’ after ‘‘mentoring pro23 grams’’; 

24 (E) in paragraph (6) (as so redesig25 nated)— 
50 

•HR 4496 IH 

1 (i) by striking ‘‘teachers’’ and insert2 ing ‘‘secondary and postsecondary teach3 ers, instructors,’’; and 

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

5 ‘‘in effective teaching skills based on re6 search’’ and inserting ‘‘in effective integra7 tion of rigorous and challenging academic 

8 and vocational and technical education, in 

9 effective teaching skills based on scientif10 ically based research’’; 

11 (F) in paragraph (8) (as so redesignated), 

12 by inserting ‘‘and’’ after the semicolon; and 

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

14 by striking ‘‘; and’’ and inserting a period; 

15 (2) in subsection (c)— 

16 (A) in paragraph (2), by inserting ‘‘, re17 garding postsecondary options, including for 

18 adult students who are changing careers or up19 dating skills’’ before the semicolon; 

20 (D) in paragraph (5), by inserting ‘‘includ21 ing the establishment and operation of special 

22 arrangements with industry partners that allow 

23 qualified industry professionals to serve as fac24 ulty in postsecondary programs’’ before the 

25 semicolon; 
51 

•HR 4496 IH 

1 (F) 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 (15) as paragraphs (11) through (16); 

7 and inserting after paragraph (9) the following: 

8 ‘‘(10) to develop and expand postsecondary pro9 gram offerings at times and in formats accessible by 

10 students, including the use of distance education;’’; 

11 and 

12 (G) in paragraph (11) (as so redesig13 nated), by inserting ‘‘, including development of 

14 new proposed model sequence of courses for 

15 consideration by the eligible agency’’ before the 

16 semicolon; and 

17 (3) in subsection (d), by striking ‘‘5 percent’’ 

18 and inserting ‘‘2 percent’’. 

19 SEC. 18. REPEAL OF TECH-PREP EDUCATION ACT. 

20 Title II of the Carl D. Perkins Vocational and Tech21 nical Education Act of 1998 (20 U.S.C. 2071 et seq.) is 

22 repealed. 

23 SEC. 19. GENERAL PROVISIONS. 

24 (a) FISCAL REQUIREMENTS.—Section 311(b) (20 

25 U.S.C. 2391(b)) is amended— 
52 

•HR 4496 IH 

1 (1) in paragraph (1)— 

2 (A) by amending subparagraph (A) to read 

3 as follows: 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraphs (B), (C), and (D), a State shall 

6 receive its full allotment of funds under this Act 

7 for any fiscal year only if the Secretary deter8 mines that the fiscal effort per student or the 

9 aggregate expenditures of the State for voca10 tional and technical education programs for the 

11 fiscal year preceding the fiscal year for which 

12 the determination is made was not less than 90 

13 percent of the greatest such effort or expendi14 tures for any fiscal year after 2004.’’; 

15 (B) in subparagraph (C), by striking ‘‘sub16 paragraph (B)’’ and inserting ‘‘subparagraph 

17 (A)’’; and 

18 (C) by inserting after subparagraph (C) 

19 the following: 

20 ‘‘(D) REDUCTION OF FUNDS.—The Sec21 retary shall reduce the amount of the allotment 

22 of funds under this Act for any fiscal year in 

23 the exact proportion by which the State fails to 

24 meet the requirements of subparagraph (A).’’; 
53 

•HR 4496 IH 

1 (2) in paragraph (2), by striking ‘‘1 percent’’ 

2 and inserting ‘‘5 percent’’; and 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) DEFINITION.—For purposes of this sub6 section, the term ‘preceding fiscal year’ means the 

7 Federal fiscal year or the 12-month fiscal period 

8 used by a State for official reporting purposes, prior 

9 to the beginning of the Federal fiscal year in which 

10 funds are available for obligation by the Secretary.’’. 

11 (b) AUTHORIZATION OF SECRETARY.—Section 317 

12 (20 U.S.C. 2397) is repealed. 

Æ