(C) in subparagraph (D) (as so redesig-
nated), by inserting ‘‘rigorous and’’ after
‘‘taught to the same’’;
(3) by redesignating paragraphs (4) through
(10) as paragraphs (5) through (11), respectively,
and inserting after paragraph (3) the following:
‘‘(4) describe how comprehensive professional
development (including initial teacher preparation)
for vocational and technical, academic, guidance,
and administrative personnel will be provided that
promotes the integration of rigorous and challenging
academic and technical education (including cur-
riculum development);’’;
(4) in paragraph (5) (as so redesignated)—
(A) by inserting ‘‘academic and vocational
and technical’’ after ‘‘students,’’; and
(B) by inserting ‘‘(including the eligible re-
cipients that offer elements of the model se-
quence of courses)’’ after ‘‘such individuals and
entities’’; and
(5) in paragraph (8) (as so redesignated)—
(A) in subparagraph (A), by striking ‘‘;
and’’ and inserting a semicolon;
(B) in subparagraph (B), by inserting
‘‘and’’ after the semicolon; and
(C) by inserting after subparagraph (B)
the following:
‘‘(C) will provide activities to prepare spe-
cial populations, including single parents and
displaced homemakers, for high skill, high wage
occupations that will lead to self-sufficiency;’’.
SEC. 18. LOCAL USE OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘to en-
sure learning in the core academic’’ and insert-
ing ‘‘as established in the State-developed
model sequences of courses described in section
122(c)(1)(A) to ensure learning in the core aca-
demic subjects (as defined by section 9101(11)
of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(11)))’’;
(B) by striking paragraph (8);
(C) 
by 
redesignating 
paragraphs 
(2)
through (7) as paragraphs (4) through (9), re-
spectively, and inserting after paragraph (1) the
following:
‘‘(2) link secondary vocational and technical
education and postsecondary vocational and tech-
nical education, including offering model sequences
of courses and implementing tech-prep programs
consistent with the activities described in paragraph
(3);
‘‘(3) support tech-prep programs (if the eligible
recipient receives the funds from the eligible agency
under section 112(a)(1)) that—
‘‘(A) are carried out under an articulation
agreement between the participants in a consor-
tium, which shall include—
‘‘(i) a local educational agency, an in-
termediate educational agency or area vo-
cational and technical education school
serving secondary school students, or a
secondary school funded by the Bureau of
Indian Affairs; and
‘‘(ii)(I) a nonprofit institution of high-
er education that offers—
‘‘(aa) a 2- or 4-year degree
program, or a 2-year certificate
program, and is qualified as an
institution of higher education
pursuant to section 102 of the
Higher Education Act of 1965
(20 U.S.C. 1002) (except those
institutions described in section
102(a)(1)(C) of such Act), in-
cluding an institution receiving
assistance under the Tribally
Controlled College or University
Assistance Act of 1978 (25
U.S.C. 1801 et seq.) and a trib-
ally controlled postsecondary vo-
cational and technical institution;
or
‘‘(bb) a 2-year apprentice-
ship program that follows sec-
ondary instruction, if such non-
profit institution of higher edu-
cation is not prohibited from re-
ceiving assistance under part B
of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C.
1071 et seq.) pursuant to the
provisions of section 435(a)(3) of
such Act (20 U.S.C. 1083(a)); or
‘‘(II) a proprietary institution of high-
er education that offers a 2-year associate
degree program and is qualified as an in-
stitution of higher education pursuant to
section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002), if such propri-
etary institution of higher education is not
subject to a default management plan re-
quired by the Secretary,
and may include nonprofit organizations that
provide eligible recipients with technology and
programs to enhance math and science skills,
employers, and labor organizations;
‘‘(B) consist of a minimum of 2 years of
secondary school preceding graduation and a
minimum of 2 years of higher education, or an
apprenticeship program of at least 2 years, fol-
lowing secondary instruction;
‘‘(C) meet academic standards developed
by the State, including standards developed
under section 1111 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6311) for secondary students, and support pro-
ficiency in mathematics, science, reading, writ-
ing, communications, and technologies;
‘‘(D) are comprised of model sequences of
courses that integrate rigorous and challenging
academics and vocational and technical edu-
cation;
‘‘(E) provide technical preparation in a ca-
reer field such as engineering technology; ap-
plied science; a mechanical, industrial, or prac-
tical art or trade; agriculture; health occupa-
tions; business; applied economics; advanced
manufacturing; or other high-skill, high-wage,
high-demand occupations as determined by the
State;
‘‘(F) use, if appropriate and available,
work-based or worksite learning in conjunction
with academic and vocational and technical edu-
cation;
‘‘(G) use educational technology and dis-
tance learning, as appropriate, to involve all the
consortium partners more fully in the develop-
ment and operation of programs;
‘‘(H) facilitate and promote close working
relationships among eligible recipients to ensure
that programs within a geographic area are
closely integrated with tech-prep program ac-
tivities;
‘‘(I) are sustainable and use performance
indicator data, described in section 113, to in-
form program quality;
‘‘(J) include academic and career coun-
seling for participants that provides information
to students (and parents, as appropriate) re-
garding tech-prep programs and supports stu-
dent progress in completing tech-prep pro-
grams;
‘‘(K) include in-service training for teach-
ers that—
‘‘(i) provides for joint training for
teachers in tech-prep programs; and
‘‘(ii) is designed to ensure that teach-
ers and administrators stay current with
the needs, expectations, and methods of
business and all aspects of an industry;
and
‘‘(L) provide students with transferable
credit between the consortium members, as de-
scribed in subparagraph (A), and may include
programs that allow secondary programs to be
co-located on postsecondary campuses;’’;
(D) in paragraph (5) (as so redesig-
nated)—
(i) by inserting ‘‘, and the related
math and science education’’ after ‘‘use of
technology in vocational and technical edu-
cation’’;
(ii) in subparagraph (B)—
(I) by inserting ‘‘(including the
math and science knowledge that pro-
vides a strong basis for such skills)’’
after ‘‘technical skills’’; and
(II) 
by 
striking 
‘‘and 
tele-
communications field’’ and inserting
‘‘fields’’; and
(iii) in subparagraph (C)—
(I) by striking ‘‘work’’ and in-
serting ‘‘collaborate’’; and
(II) by inserting ‘‘that improve
the math and science knowledge of
students’’ 
after 
‘‘mentoring 
pro-
grams’’;
(E) in paragraph (6) (as so redesig-
nated)—
(i) by striking ‘‘teachers,’’ and insert-
ing ‘‘secondary and postsecondary teach-
ers, instructors,’’; and
(ii) in subparagraph (A), by striking
‘‘in effective teaching skills based on re-
search’’ and inserting ‘‘in effective integra-
tion of rigorous and challenging academic
and vocational and technical education, in
effective teaching skills based on scientif-
ically based research’’; and
(F) by inserting after paragraph (9) (as so
redesignated) the following:
‘‘(10) provide activities to prepare special popu-
lations, including single parents and displaced home-
makers, for high skill, high wage occupations that
will lead to self sufficiency.’’; and
(2) in subsection (c)—
(A) in paragraph (2), by inserting ‘‘, re-
garding the range of postsecondary options
available, including for adult students who are
changing careers or updating skills’’ before the
semicolon;
(B) in paragraph (5), by inserting ‘‘, in-
cluding the establishment and operation of spe-
cial arrangements with industry partners that
allow qualified industry professionals to serve as
faculty in postsecondary programs’’ before the
semicolon;
(C) in paragraph (8), by striking ‘‘aides’’
and inserting ‘‘aids and publications’’;
(D) in paragraph (9), by inserting ‘‘that
address the integration of academic and voca-
tional and technical education and’’ after
‘‘teacher preparation programs’’;
(E) by redesignating paragraphs (10)
through (14) as paragraphs (12) through (16),
and paragraph (15) as paragraph (20), respec-
tively, and inserting after paragraph (9) the fol-
lowing:
‘‘(10) to develop and expand postsecondary pro-
gram offerings that are accessible by students, in-
cluding the use of distance education;
‘‘(11) to provide activities to support entrepre-
neurship education and training;’’;
(F) in paragraph (12) (as so redesig-
nated), by inserting ‘‘, including development of
new proposed model sequences of courses for
consideration by the eligible agency and courses
that prepare individuals academically and tech-
nically for current and emerging occupations
that are in demand, and dual enrollment oppor-
tunities by which secondary vocational and
technical education students could obtain post-
secondary credit to count towards an associate
or baccalaureate degree’’ before the semicolon;
(G) by amending paragraph (16) (as so re-
designated) to read as follows:
‘‘(16) to support training in nontraditional
fields;’’; and
(H) by inserting after paragraph (16) (as
so redesignated) the following:
‘‘(17) to provide accurate information relating
to the availability of supportive services available in
an area served by the eligible recipient, and referral
to such services, as appropriate;
‘‘(18) to support the activities described in sub-
section (b)(3);
‘‘(19) for programs that assist in the training
of automotive technicians in diesel retrofitting, hy-
brid, hydrogen, and alternative fuel automotive tech-
nologies; and’’.
SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT.
Title II (20 U.S.C. 2071 et seq.) is repealed.
SEC. 20. GENERAL PROVISIONS.
(a) REDESIGNATION OF TITLE III.—
(1) REDESIGNATION.—Title III (20 U.S.C.
2391 et seq.) is amended—
(A) by striking section 318;
(B) by redesignating such title as title II
of such Act; and
(C) by redesignating sections 311 through
317 as section 211 through 217 and sections
321 through 325 as sections 221 through 225,
respectively.
(2) TABLE OF CONTENTS AMENDMENT.—The
table of contents in section 1(b) is amended—
(A) by striking the items relating to title
III; and
(B) by amending the items relating to title
II to read as follows:
‘‘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 and personnel.
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘Sec. 221. Joint funding.
‘‘Sec. 222. Prohibition on use of funds to induce out-of-State relocation of busi-
nesses.
‘‘Sec. 223. State administrative costs.
‘‘Sec. 224. Limitation on Federal regulations.
‘‘Sec. 225. Student assistance and other Federal programs.’’.
(b) FISCAL REQUIREMENTS.—Section 211(b) (20
U.S.C. 2391(b)) (as so redesignated) is amended by in-
serting after paragraph (2) the following:
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘preceding fiscal year’ means the
Federal fiscal year or the 12-month fiscal period
used by a State for official reporting purposes, prior
to the beginning of the Federal fiscal year in which
funds are available for obligation by the Secretary.’’.
(c) PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND PERSONNEL.—Section 217 (as so redesignated) is
amended to read as follows:
‘‘SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND PERSONNEL.
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN
GENERAL.—To the extent consistent
with the number of children in the school district of
a local educational agency that is eligible to receive
funds under this Act, or that serves the area in
which a program assisted under this Act is located,
who are enrolled in private nonprofit elementary
schools and secondary schools, or, with respect to in-
structional or personnel training programs funded
by an eligible agency, the local educational agency,
after consultation with appropriate private school
officials—
‘‘(A) shall provide, on an equitable basis
and as may be necessary, for the benefit of
such children in such schools, secular, neutral,
and nonideological services (or other benefits),
materials, and equipment, including the partici-
pation of the teachers of such children (and
other educational personnel serving such chil-
dren) in training programs; or
‘‘(B) if such services, materials, and equip-
ment are not feasible or necessary in one or
more such private schools (as determined by the
local educational agency after consultation with
the appropriate private school officials), shall
provide such other arrangements as will assure
equitable participation of such children in the
purposes and benefits of this Act.
‘‘(2) APPLICATION
OF
REQUIREMENTS.—The
requirements of this section relating to the participa-
tion of children, teachers, and other personnel serv-
ing such children shall apply to programs carried
out under this Act by an eligible agency or local edu-
cational agency, whether directly or through grants
to, or contracts with, other public or private agen-
cies, institutions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—
‘‘(1) IN GENERAL.—Expenditures for programs
under subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures
for programs under this Act for children enrolled in
the public schools of the local educational agency.
‘‘(2) CONCENTRATED PROGRAMS.—When funds
available to a local educational agency under this
Act are used to concentrate programs on a par-
ticular group, attendance area, or grade or age level,
the local educational agency shall, after consultation
with the appropriate private school officials, assure
the equitable participation in both the purposes and
benefits of such programs for children enrolled in
private schools who are included within the group,
attendance area, or grade or age level selected for
such concentration, taking into account the needs of
the individual children and other factors that relate
to the expenditures referred to in paragraph (1).
‘‘(c) ADMINISTRATIVE REQUIREMENTS.—
‘‘(1) FUNDS, MATERIALS AND EQUIPMENT.—
‘‘(A) FUNDS.—The control of funds ex-
pended under this section shall be administered
by a public agency.
‘‘(B) MATERIALS AND EQUIPMENT.—The
title to materials and equipment provided under
this section, shall remain with a public agency
for the uses and purposes provided in this Act.
‘‘(2) PROVISION OF SERVICES.—Services pro-
vided under this Act shall be provided by employees
of a public agency or through contract by such a
public agency with a person, association, agency, or-
ganization, institution or corporation that, in the
provision of such services, is independent of the pri-
vate school and of any religious organizations, and
such employment or contract shall be under the con-
trol and supervision of such a public agency. The
funds utilized under this section shall not be com-
mingled with State or local funds.
‘‘(3) TIMING
AND
CONTENT
OF
CONSULTA-
TION.—The consultation required under this section
shall include meetings of agency and private school
officials and shall occur before the eligible agency
and local educational agency makes any decision
that affects the opportunities of eligible private
school children to participate in programs under this
Act. Such meetings shall include a discussion of
service delivery mechanisms (including third party
contractors) and shall continue throughout imple-
mentation and assessment of services under this Act.
‘‘(d) WAIVER AND BYPASS PROCEDURES.—
‘‘(1) STATE PROHIBITION.—If an eligible agen-
cy or local educational agency is prohibited, by rea-
son of any provision of law, from providing for the
participation in programs of children enrolled in pri-
vate elementary schools and secondary schools as re-
quired by subsections (a) through (c), the Secretary
shall waive such requirements for the agency in-
volved and shall arrange for the provision of services
to such children through arrangements that shall be
subject to the requirements of this section.
‘‘(2) FAILURE TO COMPLY.—If the Secretary
determines that an eligible agency or a local edu-
cational agency has substantially failed, or is unwill-
ing, to provide for the participation on an equitable
basis of children enrolled in private elementary
schools and secondary schools as required by sub-
sections (a) through (c), the Secretary may waive
such requirements and shall arrange for the provi-
sion of services to such children through arrange-
ments that shall be subject to the requirements of
this section.
‘‘(3) PAYMENT
FROM
STATE
ALLOTMENT.—
When the Secretary arranges for services under this
subsection, the Secretary shall, after consultation
with the appropriate public school and private school
officials, pay the cost of such services, including the
administrative costs of arranging for those services,
from the appropriate allotment of the eligible agency
under this Act.
‘‘(4) DURATION OF DETERMINATION.—Any de-
termination by the Secretary under this section shall
continue in effect until the Secretary determines
that there will no longer be any failure or inability
on the Act of the eligible agency or local educational
agency to meet the requirements of subsections (a)
through (c).
‘‘(5) REVIEW OF DETERMINATION.—The Sec-
retary shall not take any final action under this sec-
tion until the eligible agency and the local edu-
cational agency affected by such action have had an
opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections
and to appear before the Secretary or the Sec-
retary’s designee to show cause why that action
should not be taken.
‘‘(e) WITHHOLDING
OF ALLOTMENT
OR ALLOCA-
TION.—Pending final resolution of any investigation or
complaint that could result in a waiver under subsection
(d)(1) or (d)(2), the Secretary may withhold from the al-
lotment or allocation of the affected eligible agency or local
educational agency the amount estimated by the Secretary
to be necessary to pay the cost of services to be provided
by the Secretary under such subsection.
‘‘(f) PRIOR DETERMINATION.—Any bypass deter-
mination by the Secretary under Title I or Title IX of
the Elementary and Secondary Education Act of 1965
shall, to the extent consistent with the purposes of this
Act, apply to programs under this Act until such deter-
minations terminate or expire.’’.
Passed the House of Representatives May 4, 2005.
Attest:
Clerk.