H. R. 1853—26
education decisionmaking by individuals (especially in areas
of career information delivery and use);
‘‘(2) to make available to students, parents, teachers,
administrators, and counselors, and to improve accessibility
with respect to, information and planning resources that relate
educational preparation to career goals and expectations;
‘‘(3) to equip teachers, administrators, and counselors with
the knowledge and skills needed to assist students and parents
with career exploration, educational opportunities, and edu-
cation financing.
‘‘(4) to assist appropriate State entities in tailoring career-
related educational resources and training for use by such
entities;
‘‘(5) to improve coordination and communication among
administrators and planners of programs authorized by this
Act and by section 15 of the Wagner-Peyser Act at the Federal,
State, and local levels to ensure nonduplication of efforts and
the appropriate use of shared information and data; and
‘‘(6) to provide ongoing means for customers, such as stu-
dents and parents, to provide comments and feedback on prod-
ucts and services and to update resources, as appropriate, to
better meet customer requirements.
‘‘(c) NONDUPLICATION.—
‘‘(1) WAGNER-PEYSER
ACT.—The State entity designated
under subsection (b) may use funds provided under subsection
(b) to supplement activities under section 15 of the Wagner-
Peyser Act to the extent such activities do not duplicate activi-
ties assisted under such section.
‘‘(2) PUBLIC LAW 105–220.—None of the functions and activi-
ties assisted under this section shall duplicate the functions
and activities carried out under Public Law 105–220.
‘‘(d) FUNDING RULE.—Of the amounts appropriated to carry
out this section, the Federal entity designated under subsection
(a) shall use—
‘‘(1) not less than 85 percent to carry out subsection (b);
and
‘‘(2) not more than 15 percent to carry out subsection
(a).
‘‘(e) REPORT.—The Secretary, in consultation with appropriate
Federal agencies, shall prepare and submit to the appropriate
committees of Congress, an annual report that includes—
‘‘(1) an identification of activities assisted under this section
during the prior program year;
‘‘(2) a description of the specific products and services
assisted under this section that were delivered in the prior
program year; and
‘‘(3) an assessment of the extent to which States have
effectively coordinated activities assisted under this section
with activities authorized under section 15 of the Wagner-
Peyser Act.
‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1999 through 2003.
H. R. 1853—27
‘‘PART B—STATE PROVISIONS
‘‘SEC. 121. STATE ADMINISTRATION.
‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—The responsibilities of an eligible agency
under this title shall include—
‘‘(A) coordination of the development, submission, and
implementation of the State plan, and the evaluation of
the program, services, and activities assisted under this
title, including preparation for nontraditional training and
employment;
‘‘(B) consultation with the Governor and appropriate
agencies, groups, and individuals including parents, stu-
dents, teachers, representatives of businesses, labor
organizations, eligible recipients, State and local officials,
and local program administrators, involved in the planning,
administration, evaluation, and coordination of programs
funded under this title;
‘‘(C) convening and meeting as an eligible agency
(consistent with State law and procedure for the conduct
of such meetings) at such time as the eligible agency deter-
mines necessary to carry out the eligible agency’s respon-
sibilities under this title, but not less than four times
annually; and
‘‘(D) the adoption of such procedures as the eligible
agency considers necessary to—
‘‘(i) implement State level coordination with the
activities undertaken by the State boards under section
111 of Public Law 105–220; and
‘‘(ii) make available to the service delivery system
under section 121 of Public Law 105–220 within the
State a listing of all school dropout, postsecondary,
and adult programs assisted under this title.
‘‘(2) EXCEPTION.—Except with respect to the responsibilities
set forth in paragraph (1), the eligible agency may delegate
any of the other responsibilities of the eligible agency that
involve the administration, operation, supervision of activities
assisted under this title, in whole or in part, to one or more
appropriate State agencies.
‘‘SEC. 122. STATE PLAN.
‘‘(a) STATE PLAN.—
‘‘(1) IN GENERAL.—Each eligible agency desiring assistance
under this title for any fiscal year shall prepare and submit
to the Secretary a State plan for a 5-year period, together
with such annual revisions as the eligible agency determines
to be necessary.
‘‘(2) REVISIONS.—Each eligible agency—
‘‘(A) may submit such annual revisions of the State
plan to the Secretary as the eligible agency determines
to be necessary; and
‘‘(B) shall, after the second year of the 5 year State
plan, conduct a review of activities assisted under this
title and submit any revisions of the State plan that the
eligible agency determines necessary to the Secretary.
‘‘(3) HEARING PROCESS.—The eligible agency shall conduct
public hearings in the State, after appropriate and sufficient
H. R. 1853—28
notice, for the purpose of affording all segments of the public
and interested organizations and groups (including employers,
labor organizations, and parents), an opportunity to present
their views and make recommendations regarding the State
plan. A summary of such recommendations and the eligible
agency’s response to such recommendations shall be included
in the State plan.
‘‘(b) PLAN DEVELOPMENT.—
‘‘(1) IN GENERAL.—The eligible agency shall develop the
State plan in consultation with teachers, eligible recipients,
parents, students, interested community members, representa-
tives of special populations, representatives of business and
industry, and representatives of labor organizations in the
State, and shall consult the Governor of the State with respect
to such development.
‘‘(2) ACTIVITIES
AND
PROCEDURES.—The eligible agency
shall develop effective activities and procedures, including
access to information needed to use such procedures, to allow
the individuals described in paragraph (1) to participate in
State and local decisions that relate to development of the
State plan.
‘‘(c) PLAN CONTENTS.—The State plan shall include information
that—
‘‘(1) describes the vocational and technical education activi-
ties to be assisted that are designed to meet or exceed the
State adjusted levels of performance, including a description
of—
‘‘(A) the secondary and postsecondary vocational and
technical education programs to be carried out, including
programs that will be carried out by the eligible agency
to develop, improve, and expand access to quality, state-
of-the-art technology in vocational and technical education
programs;
‘‘(B) the criteria that will be used by the eligible agency
in approving applications by eligible recipients for funds
under this title;
‘‘(C) how such programs will prepare vocational and
technical education students for opportunities in post-
secondary education or entry into high skill, high wage
jobs in current and emerging occupations; and
‘‘(D) how funds will be used to improve or develop
new vocational and technical education courses;
‘‘(2) describes how comprehensive professional development
(including initial teacher preparation) for vocational and tech-
nical, academic, guidance, and administrative personnel will
be provided;
‘‘(3) describes how the eligible agency will actively involve
parents, teachers, local businesses (including small- and
medium-sized businesses), and labor organizations in the plan-
ning, development, implementation, and evaluation of such
vocational and technical education programs;
‘‘(4) describes how funds received by the eligible agency
through the allotment made under section 111 will be allo-
cated—
H. R. 1853—29
‘‘(A) among secondary school vocational and technical
education, or postsecondary and adult vocational and tech-
nical education, or both, including the rationale for such
allocation; and
‘‘(B) among any consortia that will be formed among
secondary schools and eligible institutions, and how funds
will be allocated among the members of the consortia,
including the rationale for such allocation;
‘‘(5) describes how the eligible agency will—
‘‘(A) improve the academic and technical skills of stu-
dents participating in vocational and technical education
programs, including strengthening the academic, and voca-
tional and technical, components of vocational and technical
education programs through the integration of academics
with vocational and technical education to ensure learning
in the core academic, and vocational and technical, subjects,
and provide students with strong experience in, and under-
standing of, all aspects of an industry; and
‘‘(B) ensure that students who participate in such voca-
tional and technical education programs are taught to the
same challenging academic proficiencies as are taught to
all other students;
‘‘(6) describes how the eligible agency will annually evalu-
ate the effectiveness of such vocational and technical education
programs, and describe, to the extent practicable, how the
eligible agency is coordinating such programs to ensure non-
duplication with other existing Federal programs;
‘‘(7) describes the eligible agency’s program strategies for
special populations;
‘‘(8) describes how individuals who are members of the
special populations—
‘‘(A) will be provided with equal access to activities
assisted under this title;
‘‘(B) will not be discriminated against on the basis
of their status as members of the special populations; and
‘‘(C) will be provided with programs designed to enable
the special populations to meet or exceed State adjusted
levels of performance, and prepare special populations for
further learning and for high skill, high wage careers;
‘‘(9) describe what steps the eligible agency shall take to
involve representatives of eligible recipients in the development
of the State adjusted levels of performance;
‘‘(10) provides assurances that the eligible agency will com-
ply with the requirements of this title and the provisions of
the State plan, including the provision of a financial audit
of funds received under this title which may be included as
part of an audit of other Federal or State programs;
‘‘(11) provides assurances that none of the funds expended
under this title will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization rep-
resenting the interests of the purchasing entity, the employees
of the purchasing entity, or any affiliate of such an organization;
‘‘(12) describes how the eligible agency will report data
relating to students participating in vocational and technical
education in order to adequately measure the progress of the
students, including special populations;
H. R. 1853—30
‘‘(13) describes how the eligible agency will adequately
address the needs of students in alternative education pro-
grams, if appropriate;
‘‘(14) describes how the eligible agency will provide local
educational agencies, area vocational and technical education
schools, and eligible institutions in the State with technical
assistance;
‘‘(15) describes how vocational and technical education
relates to State and regional occupational opportunities;
‘‘(16) describes the methods proposed for the joint planning
and coordination of programs carried out under this title with
other Federal education programs;
‘‘(17) describes how funds will be used to promote prepara-
tion for nontraditional training and employment;
‘‘(18) describes how funds will be used to serve individuals
in State correctional institutions;
‘‘(19) describes how funds will be used effectively to link
secondary and postsecondary education;
‘‘(20) describes how the eligible agency will ensure that
the data reported to the eligible agency from local educational
agencies and eligible institutions under this title and the data
the eligible agency reports to the Secretary are complete,
accurate, and reliable; and
‘‘(21) contains the description and information specified
in sections 112(b)(8) and 121(c) of Public Law 105–220 concern-
ing the provision of services only for postsecondary students
and school dropouts.
‘‘(d) PLAN OPTION.—The eligible agency may fulfill the require-
ments of subsection (a) by submitting a plan under section 501
of Public Law 105–220.
‘‘(e) PLAN APPROVAL.—
‘‘(1) IN
GENERAL.—The Secretary shall approve a State
plan, or a revision to an approved State plan, unless the Sec-
retary determines that—
‘‘(A) the State plan, or revision, respectively, does not
meet the requirements of this section; or
‘‘(B) the State’s levels of performance on the core indica-
tors of performance consistent with section 113 are not
sufficiently rigorous to meet the purpose of this Act.
‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis-
approve a State plan, except after giving the eligible agency
notice and an opportunity for a hearing.
‘‘(3) CONSULTATION.—The eligible agency shall develop the
portion of each State plan relating to the amount and uses
of any funds proposed to be reserved for adult vocational and
technical education, postsecondary vocational and technical
education, tech-prep education, and secondary vocational and
technical education after consultation with the State agency
responsible for supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions primarily
engaged in providing postsecondary vocational and technical
education, and the State agency responsible for secondary edu-
cation. If a State agency finds that a portion of the final
State plan is objectionable, the State agency shall file such
objections with the eligible agency. The eligible agency shall
respond to any objections of the State agency in the State
plan submitted to the Secretary.
H. R. 1853—31
‘‘(4) TIMEFRAME.—A State plan shall be deemed approved
by the Secretary if the Secretary has not responded to the
eligible agency regarding the State plan within 90 days of
the date the Secretary receives the State plan.
‘‘(f ) TRANSITION.—This section shall be subject to section 4
for fiscal year 1999 only, with respect to activities under this
section.
‘‘SEC. 123. IMPROVEMENT PLANS.
‘‘(a) STATE PROGRAM IMPROVEMENT PLAN.—If a State fails to
meet the State adjusted levels of performance described in the
report submitted under section 113(c), the eligible agency shall
develop and implement a program improvement plan in consultation
with appropriate agencies, individuals, and organizations for the
first program year succeeding the program year in which the eligible
agency failed to meet the State adjusted levels of performance,
in order to avoid a sanction under subsection (d).
‘‘(b) LOCAL EVALUATION.—Each eligible agency shall evaluate
annually, using the State adjusted levels of performance, the voca-
tional and technical education activities of each eligible recipient
receiving funds under this title.
‘‘(c) LOCAL IMPROVEMENT PLAN.—
‘‘(1) IN GENERAL.—If, after reviewing the evaluation, the
eligible agency determines that an eligible recipient is not
making substantial progress in achieving the State adjusted
levels of performance, the eligible agency shall—
‘‘(A) conduct an assessment of the educational needs
that the eligible recipient shall address to overcome local
performance deficiencies;
‘‘(B) enter into an improvement plan based on the
results of the assessment, which plan shall include instruc-
tional and other programmatic innovations of demonstrated
effectiveness, and where necessary, strategies for appro-
priate staffing and staff development; and
‘‘(C) conduct regular evaluations of the progress being
made toward reaching the State adjusted levels of perform-
ance.
‘‘(2) CONSULTATION.—The eligible agency shall conduct the
activities described in paragraph (1) in consultation with teach-
ers, parents, other school staff, appropriate agencies, and other
appropriate individuals and organizations.
‘‘(d) SANCTIONS.—
‘‘(1) TECHNICAL ASSISTANCE.—If the Secretary determines
that an eligible agency is not properly implementing the eligible
agency’s responsibilities under section 122, or is not making
substantial progress in meeting the purpose of this Act, based
on the State adjusted levels of performance, the Secretary shall
work with the eligible agency to implement improvement activi-
ties consistent with the requirements of this Act.
‘‘(2) FAILURE.—If an eligible agency fails to meet the State
adjusted levels of performance, has not implemented an
improvement plan as described in paragraph (1), has shown
no improvement within 1 year after implementing an improve-
ment plan as described in paragraph (1), or has failed to meet
the State adjusted levels of performance for 2 or more consecu-
tive years, the Secretary may, after notice and opportunity
for a hearing, withhold from the eligible agency all, or a portion
H. R. 1853—32
of, the eligible agency’s allotment under this title. The Secretary
may waive the sanction under this paragraph due to exceptional
or uncontrollable circumstances such as a natural disaster or
a precipitous and unforeseen decline in the financial resources
of the State.
‘‘(3) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall use funds with-
held under paragraph (2), for a State served by an eligible
agency, to provide (through alternative arrangements) serv-
ices and activities within the State to meet the purpose
of this Act.
‘‘(B) REDISTRIBUTION.—If the Secretary cannot satisfac-
torily use funds withheld under paragraph (2), then the
amount of funds retained by the Secretary as a result
of a reduction in an allotment made under paragraph (2)
shall be redistributed to other eligible agencies in accord-
ance with section 111.
‘‘SEC. 124. STATE LEADERSHIP ACTIVITIES.
‘‘(a) GENERAL AUTHORITY.—From amounts reserved under sec-
tion 112(a)(2), each eligible agency shall conduct State leadership
activities.
‘‘(b) REQUIRED USES OF FUNDS.—The State leadership activities
described in subsection (a) shall include—
‘‘(1) an assessment of the vocational and technical education
programs carried out with funds under this title that includes
an assessment of how the needs of special populations are
being met and how such programs are designed to enable
special populations to meet State adjusted levels of performance
and prepare the special populations for further learning or
for high skill, high wage careers;
‘‘(2) developing, improving, or expanding the use of tech-
nology in vocational and technical education that may include—
‘‘(A) training of vocational and technical education
personnel to use state-of-the-art technology, that 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;
‘‘(3) professional development programs, including provid-
ing comprehensive professional development (including initial
teacher preparation) for vocational and technical, academic,
guidance, and administrative personnel, that—
‘‘(A) will provide inservice and preservice training in
state-of-the-art vocational and technical education pro-
grams and techniques, effective teaching skills based on
research, and effective practices to improve parental and
community involvement; and
‘‘(B) will help teachers and personnel to assist students
in meeting the State adjusted levels of performance estab-
lished under section 113;
‘‘(C) will support education programs for teachers of
vocational and technical education in public schools and
H. R. 1853—33
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 stay cur-
rent with the needs, expectations, and methods of industry;
and
‘‘(D) is integrated with the professional development
activities that the State carries out under title II of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6001 et seq.) and title II of the Higher Education
Act of 1965;
‘‘(4) support for vocational and technical education pro-
grams that improve 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 vocational and technical edu-
cation programs through the integration of academics with
vocational and technical education to ensure learning in the
core academic, and vocational and technical subjects;
‘‘(5) providing preparation for nontraditional training and
employment;
‘‘(6) supporting partnerships among local educational agen-
cies, institutions of higher education, adult education providers,
and, as appropriate, other entities, such as employers, labor
organizations, parents, and local partnerships, to enable stu-
dents to achieve State academic standards, and vocational and
technical skills;
‘‘(7) serving individuals in State institutions, such as State
correctional institutions and institutions that serve individuals
with disabilities; and
‘‘(8) support for programs for special populations that lead
to high skill, high wage careers.
‘‘(c) PERMISSIBLE USES OF FUNDS.—The leadership activities
described in subsection (a) may include—
‘‘(1) technical assistance for eligible recipients;
‘‘(2) improvement of career guidance and academic counsel-
ing programs that assist students in making informed academic,
and vocational and technical education decisions;
‘‘(3) establishment of agreements between secondary and
postsecondary vocational and technical education programs in
order to provide postsecondary education and training
opportunities for students participating in such vocational and
technical education programs, such as tech-prep programs;
‘‘(4) support for cooperative education;
‘‘(5) support for vocational and technical student organiza-
tions, especially with respect to efforts to increase the participa-
tion of students who are members of special populations;
‘‘(6) support for public charter schools operating secondary
vocational and technical education programs;
‘‘(7) support for vocational and technical education pro-
grams that offer experience in, and understanding of, all aspects
of an industry for which students are preparing to enter;
‘‘(8) support for family and consumer sciences programs;
‘‘(9) support for education and business partnerships;
‘‘(10) support to improve or develop new vocational and
technical education courses;
H. R. 1853—34
‘‘(11) providing vocational and technical education programs
for adults and school dropouts to complete their secondary
school education; and
‘‘(12) providing assistance to students, who have partici-
pated in services and activities under this title, in finding
an appropriate job and continuing their education.
‘‘(d) RESTRICTION ON USES OF FUNDS.—An eligible agency that
receives funds under section 112(a)(2) may not use any of such
funds for administrative costs.
‘‘PART C—LOCAL PROVISIONS
‘‘SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PRO-
GRAMS.
‘‘(a) DISTRIBUTION FOR FISCAL YEAR 1999.—Except as provided
in section 133 and as otherwise provided in this section, each
eligible agency shall distribute the portion of the funds made avail-
able under section 112(a)(1) to carry out this section for fiscal
year 1999 to local educational agencies within the State as follows:
‘‘(1) SEVENTY PERCENT.—From 70 percent of such portion,
each local educational agency shall be allocated an amount
that bears the same relationship to such 70 percent as the
amount such local educational agency was allocated under sec-
tion 1124 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333) for the preceding fiscal year bears
to the total amount received under such section by all local
educational agencies in the State for such preceding fiscal year.
‘‘(2) TWENTY PERCENT.—From 20 percent of such portion,
each local educational agency shall be allocated an amount
that bears the same relationship to such 20 percent as the
number of students with disabilities who have individualized
education programs under section 614(d) of the Individuals
with Disabilities Education Act (20 U.S.C. 1414(d)) served by
such local educational agency for the preceding fiscal year
bears to the total number of such students served by all local
educational agencies in the State for such preceding fiscal year.
‘‘(3) TEN PERCENT.—From 10 percent of such portion, each
local educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as the number
of students enrolled in schools and adults enrolled in training
programs under the jurisdiction of such local educational agency
for the preceding fiscal year bears to the number of students
enrolled in schools and adults enrolled in training programs
under the jurisdiction of all local educational agencies in the
State for such preceding fiscal year.
‘‘(b) SPECIAL DISTRIBUTION RULES
FOR SUCCEEDING FISCAL
YEARS.—Except as provided in section 133 and as otherwise pro-
vided in this section, each eligible agency shall distribute the portion
of funds made available under section 112(a)(1) to carry out this
section for fiscal year 2000 and succeeding fiscal years to local
educational agencies within the State as follows:
‘‘(1) 30 PERCENT.—30 percent shall be allocated to such
local educational agencies in proportion to the number of
individuals aged 15 through 19, inclusive, who reside in the
school district served by such local educational agency for the
preceding fiscal year compared to the total number of such
individuals who reside in the school districts served by all
H. R. 1853—35
local educational agencies in the State for such preceding fiscal
year.
‘‘(2) 70 PERCENT.—70 percent shall be allocated to such
local educational agencies in proportion to the number of
individuals aged 15 through 19, inclusive, who reside in the
school district served by such local educational agency from
families with incomes below the poverty line (as defined by
the Office of Management and Budget and revised annually
in accordance with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applicable to a family
of the size involved for the fiscal year for which the determina-
tion is made compared to the number of such individuals who
reside in the school districts served by all the local educational
agencies in the State for such preceding fiscal year.
‘‘(c) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec-
retary may waive the application of subsection (b) in the case
of any eligible agency that submits to the Secretary an application
for such a waiver that—
‘‘(1) demonstrates that a proposed alternative formula more
effectively targets funds on the basis of poverty (as defined
by the Office of Management and Budget and revised annually
in accordance with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)) to local educational agen-
cies within the State than the formula described in subsection
(b); and
‘‘(2) includes a proposal for such an alternative formula.
‘‘(d) MINIMUM ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a local educational agency shall not receive an allocation under
subsection (a) unless the amount allocated to such agency under
subsection (a) is greater than $15,000. A local educational
agency may enter into a consortium with other local educational
agencies for purposes of meeting the minimum allocation
requirement of this paragraph.
‘‘(2) WAIVER.—The eligible agency shall waive the applica-
tion of paragraph (1) in any case in which the local educational
agency—
‘‘(A)(i) is located in a rural, sparsely populated area,
or
‘‘(ii) is a public charter school operating secondary voca-
tional and technical education programs; and
‘‘(B) demonstrates that the local educational agency
is unable to enter into a consortium for purposes of provid-
ing activities under this part.
‘‘(3) REDISTRIBUTION.—Any amounts that are not allocated
by reason of paragraph (1) or paragraph (2) shall be redistrib-
uted to local educational agencies that meet the requirements
of paragraph (1) or (2) in accordance with the provisions of
this section.
‘‘(e) LIMITED JURISDICTION AGENCIES.—
‘‘(1) IN GENERAL.—In applying the provisions of subsection
(a), no eligible agency receiving assistance under this title
shall allocate funds to a local educational agency that serves
only elementary schools, but shall distribute such funds to
the local educational agency or regional educational agency
that provides secondary school services to secondary school
students in the same attendance area.
H. R. 1853—36
‘‘(2) SPECIAL
RULE.—The amount to be allocated under
paragraph (1) to a local educational agency that has jurisdiction
only over secondary schools shall be determined based on the
number of students that entered such secondary schools in
the previous year from the elementary schools involved.
‘‘(f ) ALLOCATIONS TO AREA VOCATIONAL AND TECHNICAL EDU-
CATION SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.—
‘‘(1) IN GENERAL.—Each eligible agency shall distribute the
portion of funds made available under section 112(a)(1) for
any fiscal year by such eligible agency for secondary school
vocational and technical education activities under this section
to the appropriate area vocational and technical education
school or educational service agency in any case in which the
area vocational and technical education school or educational
service agency, and the local educational agency concerned—
‘‘(A) have formed or will form a consortium for the
purpose of receiving funds under this section; or
‘‘(B) have entered into or will enter into a cooperative
arrangement for such purpose.
‘‘(2) ALLOCATION BASIS.—If an area vocational and technical
education school or educational service agency meets the
requirements of paragraph (1), then the amount that would
otherwise be distributed to the local educational agency shall
be allocated to the area vocational and technical education
school, the educational service agency, and the local educational
agency based on each school, agency or entity’s relative share
of students who are attending vocational and technical edu-
cation programs (based, if practicable, on the average enroll-
ment for the preceding 3 years;
‘‘(3) APPEALS PROCEDURE.—The eligible agency shall estab-
lish an appeals procedure for resolution of any dispute arising
between a local educational agency and an area vocational
and technical education school or an educational service agency
with respect to the allocation procedures described in this sec-
tion, including the decision of a local educational agency to
leave a consortium or terminate a cooperative arrangement.
‘‘(g) CONSORTIUM REQUIREMENTS.—
‘‘(1) ALLIANCE.—Any local educational agency receiving an
allocation that is not sufficient to conduct a program which
meets the requirements of section 135 is encouraged to—
‘‘(A) form a consortium or enter into a cooperative
agreement with an area vocational and technical education
school or educational service agency offering programs that
meet the requirements of section 135;
‘‘(B) transfer such allocation to the area vocational
and technical education school or educational service
agency; and
‘‘(C) operate programs that are of sufficient size, scope,
and quality to be effective.
‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated to a consor-
tium formed to meet the requirements of this paragraph shall
be used only for purposes and programs that are mutually
beneficial to all members of the consortium and can be used
only for programs authorized under this title. Such funds may
not be reallocated to individual members of the consortium
for purposes or programs benefiting only one member of the
consortium.
H. R. 1853—37
‘‘(h) DATA.—The Secretary shall collect information from eligible
agencies regarding the specific dollar allocations made available
by the eligible agency for vocational and technical education pro-
grams under subsections (a), (b), (c), and (d) and how these alloca-
tions are distributed to local educational agencies, area vocational
and technical education schools, and educational service agencies,
within the State in accordance with this section.
‘‘(i) SPECIAL RULE.—Each eligible agency distributing funds
under this section shall treat a secondary school funded by the
Bureau of Indian Affairs within the State as if such school were
a local educational agency within the State for the purpose of
receiving a distribution under this section.
‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY VOCA-
TIONAL AND TECHNICAL EDUCATION PROGRAMS.
‘‘(a) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in subsections (b)
and (c) and section 133, each eligible agency shall distribute
the portion of the funds made available under section 112(a)(1)
to carry out this section for any fiscal year to eligible institu-
tions or consortia of eligible institutions within the State.
‘‘(2) FORMULA.—Each eligible institution or consortium of
eligible institutions shall be allocated an amount that bears
the same relationship to the portion of funds made available
under section 112(a)(1) to carry out this section for any fiscal
year as the sum of the number of individuals who are Federal
Pell Grant recipients and recipients of assistance from the
Bureau of Indian Affairs enrolled in programs meeting the
requirements of section 135 offered by such institution or
consortium in the preceding fiscal year bears to the sum of
the number of such recipients enrolled in such programs within
the State for such year.
‘‘(3) CONSORTIUM REQUIREMENTS.—
‘‘(A) IN GENERAL.—In order for a consortium of eligible
institutions described in paragraph (2) to receive assistance
pursuant to such paragraph, such consortium shall operate
joint projects that—
‘‘(i) provide services to all postsecondary institu-
tions participating in the consortium; and
‘‘(ii) are of sufficient size, scope, and quality to
be effective.
‘‘(B) FUNDS
TO
CONSORTIUM.—Funds allocated to a
consortium formed to meet the requirements of this section
shall be used only for purposes and programs that are
mutually beneficial to all members of the consortium and
shall be used only for programs authorized under this
title. Such funds may not be reallocated to individual mem-
bers of the consortium for purposes or programs benefiting
only one member of the consortium.
‘‘(4) WAIVER.—The eligible agency may waive the applica-
tion of paragraph (3)(A)(i) in any case in which the eligible
institution is located in a rural, sparsely populated area.
‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec-
retary may waive the application of subsection (a) if an eligible
agency submits to the Secretary an application for such a waiver
that—
H. R. 1853—38
‘‘(1) demonstrates that the formula described in subsection
(a) does not result in a distribution of funds to the eligible
institutions or consortia within the State that have the highest
numbers of economically disadvantaged individuals and that
an alternative formula will result in such a distribution; and
‘‘(2) includes a proposal for such an alternative formula.
‘‘(c) MINIMUM GRANT AMOUNT.—
‘‘(1) IN
GENERAL.—No institution or consortium shall
receive an allocation under this section in an amount that
is less than $50,000.
‘‘(2) REDISTRIBUTION.—Any amounts that are not distrib-
uted by reason of paragraph (1) shall be redistributed to eligible
institutions or consortia in accordance with this section.
‘‘SEC. 133. SPECIAL RULES FOR VOCATIONAL AND TECHNICAL EDU-
CATION.
‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.—
‘‘(1) GENERAL AUTHORITY.—Notwithstanding the provisions
of sections 131 and 132 and in order to make a more equitable
distribution of funds for programs serving the areas of greatest
economic need, for any program year for which a minimal
amount is made available by an eligible agency for distribution
under section 131 or 132, such State may distribute such mini-
mal amount for such year—
‘‘(A) on a competitive basis; or
‘‘(B) through any alternative method determined by
the State.
‘‘(2) MINIMAL AMOUNT.—For purposes of this section, the
term ‘minimal amount’ means not more than 15 percent of
the total amount made available for distribution under section
112(a)(1).
‘‘(b) REDISTRIBUTION.—
‘‘(1) IN GENERAL.—In any academic year that an eligible
recipient does not expend all of the amounts the eligible recipi-
ent is allocated for such year under section 131 or 132, such
eligible recipient shall return any unexpended amounts to the
eligible agency to be reallocated under section 131 or 132,
as appropriate.
‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN
ACADEMIC YEAR.—In any academic year in which amounts are
returned to the eligible agency under section 131 or 132 and
the eligible agency is unable to reallocate such amounts accord-
ing to such sections in time for such amounts to be expended
in such academic year, the eligible agency shall retain such
amounts for distribution in combination with amounts provided
under section 112(a)(1) for the following academic year.
‘‘(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be
construed—
‘‘(1) to prohibit a local educational agency or a consortium
thereof that receives assistance under section 131, from working
with an eligible institution or consortium thereof that receives
assistance under section 132, to carry out secondary school
vocational and technical education programs in accordance with
this title;
‘‘(2) to prohibit an eligible institution or consortium thereof
that receives assistance under section 132, from working with
a local educational agency or consortium thereof that receives
H. R. 1853—39
assistance under section 131, to carry out postsecondary and
adult vocational and technical education programs in accord-
ance with this title; or
‘‘(3) to require a charter school, that provides vocational
and technical education programs and is considered a local
educational agency under State law, to jointly establish the
charter school’s eligibility for assistance under this title unless
the charter school is explicitly permitted to do so under the
State’s charter school statute.
‘‘(d) CONSISTENT APPLICATION.—For purposes of this section,
the eligible agency shall provide funds to charter schools offering
vocational and technical education programs in the same manner
as the eligible agency provides those funds to other schools. Such
vocational and technical education programs within a charter school
shall be of sufficient size, scope, and quality to be effective.
‘‘SEC. 134. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL EDUCATION
PROGRAMS.
‘‘(a) LOCAL PLAN REQUIRED.—Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in consultation
with such other educational entities as the eligible agency deter-
mines to be appropriate) submit a local plan to the eligible agency.
Such local plan shall cover the same period of time as the period
of time applicable to the State plan submitted under section 122.
‘‘(b) CONTENTS.—The eligible agency shall determine require-
ments for local plans, except that each local plan shall—
‘‘(1) describe how the vocational and technical education
programs required under section 135(b) will be carried out
with funds received under this title;
‘‘(2) describe how the vocational and technical education
activities will be carried out with respect to meeting State
adjusted levels of performance established under section 113;
‘‘(3) describe how the eligible recipient will—
‘‘(A) improve the academic and technical skills of stu-
dents participating in vocational and technical education
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 technical subjects;
‘‘(B) provide students with strong experience in and
understanding of all aspects of an industry; and
‘‘(C) ensure that students who participate in such voca-
tional and technical education programs are taught to the
same challenging academic proficiencies as are taught for
all other students;
‘‘(4) describe how parents, students, teachers, representa-
tives of business and industry, labor organizations, representa-
tives of special populations, and other interested individuals
are involved in the development, implementation, and evalua-
tion of vocational and technical education programs assisted
under this title, and how such individuals and entities are
effectively informed about, and assisted in understanding, the
requirements of this title;