H. R. 1853—40
‘‘(5) provide assurances that the eligible recipient will pro-
vide a vocational and technical education program that is of
such size, scope, and quality to bring about improvement in
the quality of vocational and technical education programs;
‘‘(6) describe the process that will be used to independently
evaluate and continuously improve the performance of the
eligible recipient;
‘‘(7) describe how the eligible recipient—
‘‘(A) will review vocational and technical education pro-
grams, and identify and adopt strategies to overcome bar-
riers that result in lowering rates of access to or lowering
success in the programs, for special populations; and
‘‘(B) will provide programs that are designed to enable
the special populations to meet the State adjusted levels
of performance;
‘‘(8) describe how individuals who are members of the spe-
cial populations will not be discriminated against on the basis
of their status as members of the special populations;
‘‘(9) describe how funds will be used to promote preparation
for nontraditional training and employment; and
‘‘(10) describe how comprehensive professional development
(including initial teacher preparation) for vocational and tech-
nical, academic, guidance, and administrative personnel will
be provided.
‘‘SEC. 135. LOCAL USES OF FUNDS.
‘‘(a) GENERAL AUTHORITY.—Each eligible recipient that receives
funds under this part shall use such funds to improve vocational
and technical education programs.
‘‘(b) REQUIREMENTS FOR USES OF FUNDS.—Funds made avail-
able to eligible recipients under this part shall be used to support
vocational and technical education programs that—
‘‘(1) strengthen the academic, and vocational and technical
skills of students participating in vocational and technical edu-
cation programs by strengthening the academic, and vocational
and technical components of such programs through the
integration of academics with vocational and technical edu-
cation programs through a coherent sequence of courses to
ensure learning in the core academic, and vocational and tech-
nical subjects;
‘‘(2) provide students with strong experience in and under-
standing of all aspects of an industry;
‘‘(3) develop, improve, or expand the use of technology
in vocational and technical education, which may include—
‘‘(A) training of vocational and technical education
personnel to use state-of-the-art technology, which may
include distance learning;
‘‘(B) providing vocational and technical education stu-
dents with the academic, and vocational and technical skills
that lead to entry into the high technology and tele-
communications field; or
‘‘(C) encouraging schools to work with high technology
industries to offer voluntary internships and mentoring
programs;
‘‘(4) provide professional development programs to teachers,
counselors, and administrators, including—
H. R. 1853—41
‘‘(A) inservice and preservice training in state-of-the-
art vocational and technical education programs and tech-
niques, in effective teaching skills based on research, and
in effective practices to improve parental and community
involvement;
‘‘(B) support of education programs for teachers of voca-
tional and technical education in public schools and other
public school personnel who are involved in the direct
delivery of educational services to vocational and technical
education students, to ensure that such teachers and
personnel stay current with all aspects of an industry;
‘‘(C) internship programs that provide business experi-
ence to teachers; and
‘‘(D) programs designed to train teachers specifically
in the use and application of technology;
‘‘(5) develop and implement evaluations of the vocational
and technical education programs carried out with funds under
this title, including an assessment of how the needs of special
populations are being met;
‘‘(6) initiate, improve, expand, and modernize quality voca-
tional and technical education programs;
‘‘(7) provide services and activities that are of sufficient
size, scope, and quality to be effective; and
‘‘(8) link secondary vocational and technical education and
postsecondary vocational and technical education, including
implementing tech-prep programs.
‘‘(c) PERMISSIVE.—Funds made available to an eligible recipient
under this title may be used—
‘‘(1) to involve parents, businesses, and labor organizations
as appropriate, in the design, implementation, and evaluation
of vocational and technical education programs authorized
under this title, including establishing effective programs and
procedures to enable informed and effective participation in
such programs;
‘‘(2) to provide career guidance and academic counseling
for students participating in vocational and technical education
programs;
‘‘(3) to provide work-related experience, such as internships,
cooperative education, school-based enterprises, entrepreneur-
ship, and job shadowing that are related to vocational and
technical education programs;
‘‘(4) to provide programs for special populations;
‘‘(5) for local education and business partnerships;
‘‘(6) to assist vocational and technical student organiza-
tions;
‘‘(7) for mentoring and support services;
‘‘(8) for leasing, purchasing, upgrading or adapting equip-
ment, including instructional aides;
‘‘(9) for teacher preparation programs that assist individ-
uals who are interested in becoming vocational and technical
education instructors, including individuals with experience in
business and industry;
‘‘(10) for improving or developing new vocational and tech-
nical education courses;
‘‘(11) to provide support for family and consumer sciences
programs;
H. R. 1853—42
‘‘(12) to provide vocational and technical education pro-
grams for adults and school dropouts to complete their second-
ary school education;
‘‘(13) to provide assistance to students who have partici-
pated in services and activities under this title in finding an
appropriate job and continuing their education;
‘‘(14) to support nontraditional training and employment
activities; and
‘‘(15) to support other vocational and technical education
activities that are consistent with the purpose of this Act.
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipient receiving
funds under this part shall not use more than 5 percent of the
funds for administrative costs associated with the administration
of activities assisted under this section.
‘‘TITLE II—TECH-PREP EDUCATION
‘‘SEC. 201. SHORT TITLE.
‘‘This title may be cited as the ‘Tech-Prep Education Act’.
‘‘SEC. 202. DEFINITIONS.
‘‘(a) In this title:
‘‘(1) ARTICULATION
AGREEMENT.—The term ‘articulation
agreement’ means a written commitment to a program designed
to provide students with a nonduplicative sequence of progres-
sive achievement leading to degrees or certificates in a tech-
prep education program.
‘‘(2) COMMUNITY COLLEGE.—The term ‘community college’—
‘‘(A) means an institution of higher education, as
defined in section 101 of the Higher Education Act of
1965, that provides not less than a 2-year program that
is acceptable for full credit toward a bachelor’s degree;
and
‘‘(B) includes tribally controlled colleges or universities.
‘‘(3) TECH-PREP PROGRAM.—The term ‘tech-prep program’
means a program of study that—
‘‘(A) combines at a minimum 2 years of secondary
education (as determined under State law) with a minimum
of 2 years of postsecondary education in a nonduplicative,
sequential course of study;
‘‘(B) integrates academic, and vocational and technical,
instruction, and utilizes work-based and worksite learning
where appropriate and available;
‘‘(C) provides technical preparation in a career field
such as engineering technology, applied science, a mechani-
cal, industrial, or practical art or trade, agriculture, health
occupations, business, or applied economics;
‘‘(D) builds student competence in mathematics,
science, reading, writing, communications, economics, and
workplace skills through applied, contextual academics,
and integrated instruction, in a coherent sequence of
courses;
‘‘(E) leads to an associate or a baccalaureate degree
or a postsecondary certificate in a specific career field;
and
H. R. 1853—43
‘‘(F) leads to placement in appropriate employment
or to further education.
‘‘SEC. 203. STATE ALLOTMENT AND APPLICATION.
‘‘(a) IN GENERAL.—For any fiscal year, the Secretary shall allot
the amount made available under section 206 among the States
in the same manner as funds are allotted to States under paragraph
(2) of section 111(a).
‘‘(b) PAYMENTS TO ELIGIBLE AGENCIES.—The Secretary shall
make a payment in the amount of a State’s allotment under sub-
section (a) to the eligible agency that serves the State and has
an application approved under subsection (c).
‘‘(c) STATE APPLICATION.—Each eligible agency desiring assist-
ance under this title shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information
as the Secretary may require.
‘‘SEC. 204. TECH-PREP EDUCATION.
‘‘(a) GRANT PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made available to each
eligible agency under section 203, the eligible agency, in accord-
ance with the provisions of this title, shall award grants, on
a competitive basis or on the basis of a formula determined
by the eligible agency, for tech-prep education programs
described in subsection (c). The grants shall be awarded to
consortia between or among—
‘‘(A) a local educational agency, an intermediate edu-
cational agency or area vocational and technical education
school serving secondary school students, or a secondary
school funded by the Bureau of Indian Affairs; and
‘‘(B)(i) a nonprofit institution of higher education that
offers—
‘‘(I) a 2-year associate degree program, or a 2-
year certificate program, and is qualified as institutions
of higher education pursuant to section 102 of the
Higher Education Act of 1965, including an institution
receiving assistance under the Tribally Controlled Col-
lege or University Assistance Act of 1978 (25 U.S.C.
1801 et seq.) and a tribally controlled postsecondary
vocational and technical institution; or
‘‘(II) a 2-year apprenticeship program that follows
secondary instruction,
if such nonprofit institution of higher education is not
prohibited from receiving assistance under part B of title
IV of the Higher Education 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 higher education that
offers a 2-year associate degree program and is qualified
as an institution of higher education pursuant to section
102 of the Higher Education Act of 1965, if such proprietary
institution of higher education is not subject to a default
management plan required by the Secretary.
‘‘(2) SPECIAL RULE.—In addition, a consortium described
in paragraph (1) may include 1 or more—
‘‘(A) institutions of higher education that award a
baccalaureate degree; and
‘‘(B) employer or labor organizations.
H. R. 1853—44
‘‘(b) DURATION.—Each grant recipient shall use amounts pro-
vided under the grant to develop and operate a 4- or 6-year tech-
prep education program described in subsection (c).
‘‘(c) CONTENTS OF TECH-PREP PROGRAM.—Each tech-prep pro-
gram shall—
‘‘(1) be carried out under an articulation agreement between
the participants in the consortium;
‘‘(2) consist of at least 2 years of secondary school preceding
graduation and 2 years or more of higher education, or an
apprenticeship program of at least 2 years following secondary
instruction, with a common core of required proficiency in
mathematics, science, reading, writing, communications, and
technologies designed to lead to an associate’s degree or a
postsecondary certificate in a specific career field;
‘‘(3) include the development of tech-prep programs for
both secondary and postsecondary, including consortium,
participants in the consortium that—
‘‘(A) meets academic standards developed by the State;
‘‘(B) links secondary schools and 2-year postsecondary
institutions, and if possible and practicable, 4-year institu-
tions of higher education through nonduplicative sequences
of courses in career fields, including the investigation of
opportunities for tech-prep secondary students to enroll
concurrently in secondary and postsecondary coursework;
‘‘(C) uses, if appropriate and available, work-based or
worksite learning in conjunction with business and all
aspects of an industry; and
‘‘(D) uses educational technology and distance learning,
as appropriate, to involve all the consortium partners more
fully in the development and operation of programs;
‘‘(4) include in-service training for teachers that—
‘‘(A) is designed to train vocational and technical teach-
ers to effectively implement tech-prep programs;
‘‘(B) provides for joint training for teachers in the tech-
prep consortium;
‘‘(C) is designed to ensure that teachers and adminis-
trators stay current with the needs, expectations, and meth-
ods of business and all aspects of an industry;
‘‘(D) focuses on training postsecondary education fac-
ulty in the use of contextual and applied curricula and
instruction; and
‘‘(E) provides training in the use and application of
technology;
‘‘(5) include training programs for counselors designed to
enable counselors to more effectively—
‘‘(A) provide information to students regarding tech-
prep education programs;
‘‘(B) support student progress in completing tech-prep
programs;
‘‘(C) provide information on related employment
opportunities;
‘‘(D) ensure that such students are placed in appro-
priate employment; and
‘‘(E) stay current with the needs, expectations, and
methods of business and all aspects of an industry;
H. R. 1853—45
‘‘(6) provide equal access, to the full range of technical
preparation programs, to individuals who are members of spe-
cial populations, including the development of tech-prep pro-
gram services appropriate to the needs of special populations;
and
‘‘(7) provide for preparatory services that assist participants
in tech-prep programs.
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech-prep pro-
gram may—
‘‘(1) provide for the acquisition of tech-prep program equip-
ment;
‘‘(2) acquire technical assistance from State or local entities
that have designed, established, and operated tech-prep pro-
grams that have effectively used educational technology and
distance learning in the delivery of curricula and services and
in the articulation process; and
‘‘(3) establish articulation agreements with institutions of
higher education, labor organizations, or businesses located
inside or outside the State and served by the consortium, espe-
cially with regard to using distance learning and educational
technology to provide for the delivery of services and programs.
‘‘SEC. 205. CONSORTIUM APPLICATIONS.
‘‘(a) IN GENERAL.—Each consortium that desires to receive a
grant under this title shall submit an application to the eligible
agency at such time and in such manner as the eligible agency
shall prescribe.
‘‘(b) PLAN.—Each application submitted under this section shall
contain a 5-year plan for the development and implementation
of tech-prep programs under this title, which plan shall be reviewed
after the second year of the plan.
‘‘(c) APPROVAL.—The eligible agency shall approve applications
based on the potential of the activities described in the application
to create an effective tech-prep program.
‘‘(d) SPECIAL CONSIDERATION.—The eligible agency, as appro-
priate, shall give special consideration to applications that—
‘‘(1) provide for effective employment placement activities
or the transfer of students to baccalaureate degree programs;
‘‘(2) are developed in consultation with business, industry,
institutions of higher education, and labor organizations;
‘‘(3) address effectively the issues of school dropout preven-
tion and reentry and the needs of special populations;
‘‘(4) provide education and training in areas or skills in
which there are significant workforce shortages, including the
information technology industry; and
‘‘(5) demonstrate how tech-prep programs will help students
meet high academic and employability competencies.
‘‘(e) EQUITABLE DISTRIBUTION
OF ASSISTANCE.—In awarding
grants under this title, the eligible agency shall ensure an equitable
distribution of assistance between urban and rural consortium
participants.
‘‘SEC. 206. REPORT.
‘‘Each eligible agency that receives a grant under this title
annually shall prepare and submit to the Secretary a report on
the effectiveness of the tech-prep programs assisted under this
title, including a description of how grants were awarded within
the State.
H. R. 1853—46
‘‘SEC. 207. DEMONSTRATION PROGRAM.
‘‘(a) DEMONSTRATION
PROGRAM
AUTHORIZED.—From funds
appropriated under subsection (e) for a fiscal year, the Secretary
shall award grants to consortia described in section 204(a) to enable
the consortia to carry out tech-prep education programs.
‘‘(b) PROGRAM CONTENTS.—Each tech-prep program referred to
in subsection (a)—
‘‘(1) shall—
‘‘(A) involve the location of a secondary school on the
site of a community college;
‘‘(B) involve a business as a member of the consortium;
and
‘‘(C) require the voluntary participation of secondary
school students in the tech-prep education program; and
‘‘(2) may provide summer internships at a business for
students or teachers.
‘‘(c) APPLICATION.—Each consortium desiring a grant under this
section shall submit an application to the Secretary at such time,
in such manner and accompanied by such information as the Sec-
retary may require.
‘‘(d) APPLICABILITY.—The provisions of sections 203, 204, 205,
and 206 shall not apply to this section, except that—
‘‘(1) the provisions of section 204(a) shall apply for purposes
of describing consortia eligible to receive assistance under this
section;
‘‘(2) each tech-prep education program assisted under this
section shall meet the requirements of paragraphs (1), (2),
(3)(A), (3)(B), (3)(C), (3)(D), (4), (5), (6), and (7) of section 204(c),
except that such paragraph (3)(B) shall be applied by striking
‘, and if possible and practicable, 4-year institutions of higher
education through nonduplicative sequences of courses in career
fields’; and
‘‘(3) in awarding grants under this section, the Secretary
shall give special consideration to consortia submitting applica-
tions under subsection (c) that meet the requirements of para-
graphs (1), (3), (4), and (5) of section 205(d), except that such
paragraph (1) shall be applied by striking ‘or the transfer
of students to baccalaureate degree programs’.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000 for fiscal
year 1999 and each of the 4 succeeding fiscal years.
‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this title
(other than section 207) such sums as may be necessary for fiscal
year 1999 and each of the 4 succeeding fiscal years.
‘‘TITLE III—GENERAL PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 311. FISCAL REQUIREMENTS.
‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made available under
this Act for vocational and technical education activities shall
supplement, and shall not supplant, non-Federal funds expended
H. R. 1853—47
to carry out vocational and technical education activities and tech-
prep activities.
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) DETERMINATION.—
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B) and (C), no payments shall be made under
this Act for any fiscal year to a State for vocational and
technical education programs or tech-prep programs unless
the Secretary determines that the fiscal effort per student
or the aggregate expenditures of such State for vocational
and technical education programs for the fiscal year preced-
ing the fiscal year for which the determination is made,
equaled or exceeded such effort or expenditures for voca-
tional and technical education programs, for the second
fiscal year preceding the fiscal year for which the deter-
mination is made.
‘‘(B) COMPUTATION.—In computing the fiscal effort or
aggregate expenditures pursuant to subparagraph (A), the
Secretary shall exclude capital expenditures, special one-
time project costs, and the cost of pilot programs.
‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the amount
made available for vocational and technical education pro-
grams under this Act for a fiscal year is less than the
amount made available for vocational and technical edu-
cation programs under this Act for the preceding fiscal
year, then the fiscal effort per student or the aggregate
expenditures of a State required by subparagraph (B) for
such preceding fiscal year shall be decreased by the same
percentage as the percentage decrease in the amount so
made available.
‘‘(2) WAIVER.—The Secretary may waive the requirements
of this section, with respect to not more than 5 percent of
expenditures by any eligible agency for 1 fiscal year only,
on making a determination that such waiver would be equitable
due to exceptional or uncontrollable circumstances affecting
the ability of the eligible agency to meet such requirements,
such as a natural disaster or an unforeseen and precipitous
decline in financial resources. No level of funding permitted
under such a waiver may be used as the basis for computing
the fiscal effort or aggregate expenditures required under this
section for years subsequent to the year covered by such waiver.
The fiscal effort or aggregate expenditures for the subsequent
years shall be computed on the basis of the level of funding
that would, but for such waiver, have been required.
‘‘SEC. 312. AUTHORITY TO MAKE PAYMENTS.
‘‘Any authority to make payments or to enter into contracts
under this Act shall be available only to such extent or in such
amounts as are provided in advance in appropriation Acts.
‘‘SEC. 313. CONSTRUCTION.
‘‘Nothing in this Act shall be construed to permit, allow, encour-
age, or authorize any Federal control over any aspect of a private,
religious, or home school, regardless of whether a home school
is treated as a private school or home school under State law.
This section shall not be construed to bar students attending pri-
vate, religious, or home schools from participation in programs
or services under this Act.
H. R. 1853—48
‘‘SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.
‘‘No funds made available under this Act shall be used—
‘‘(1) to require any secondary school student to choose or
pursue a specific career path or major; and
‘‘(2) to mandate that any individual participate in a voca-
tional and technical education program, including a vocational
and technical education program that requires the attainment
of a federally funded skill level, standard, or certificate of
mastery.
‘‘SEC. 315. LIMITATION FOR CERTAIN STUDENTS.
‘‘No funds received under this Act may be used to provide
vocational and technical education programs to students prior to
the seventh grade, except that equipment and facilities purchased
with funds under this Act may be used by such students.
‘‘SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
‘‘Nothing in this Act shall be construed to be inconsistent with
applicable Federal law prohibiting discrimination on the basis of
race, color, sex, national origin, age, or disability in the provision
of Federal programs or services.
‘‘SEC. 317. AUTHORIZATION OF SECRETARY.
‘‘For the purposes of increasing and expanding the use of tech-
nology in vocational and technical education instruction, including
the training of vocational and technical education personnel as
provided in this Act, the Secretary is authorized to receive and
use funds collected by the Federal Government from fees for the
use of property, rights-of-way, and easements under the control
of Federal departments and agencies for the placement of tele-
communications services that are dependent, in whole or in part,
upon the utilization of general spectrum rights for the transmission
or reception of such services.
‘‘SEC. 318. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL.
‘‘An eligible agency or eligible recipient that uses funds under
this Act for inservice and preservice vocational and technical edu-
cation professional development programs for vocational and tech-
nical education teachers, administrators, and other personnel may,
upon request, permit the participation in such programs of voca-
tional and technical education teachers, administrators, and other
personnel in nonprofit private schools offering vocational and tech-
nical education programs located in the geographical area served
by such agency or recipient.
‘‘PART B—STATE ADMINISTRATIVE
PROVISIONS
‘‘SEC. 321. JOINT FUNDING.
‘‘(a) GENERAL AUTHORITY.—Funds made available to eligible
agencies under this Act may be used to provide additional funds
under an applicable program if—
‘‘(1) such program otherwise meets the requirements of
this Act and the requirements of the applicable program;
‘‘(2) such program serves the same individuals that are
served under this Act;