IB 
Union Calendar No. 401
108TH CONGRESS 
2D SESSION 
H. R. 4496
[Report No. 108–659] 
To amend the Carl D. Perkins Vocational and Technical Education Act 
of 1998 to strengthen and improve programs under that Act. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2004
Mr. CASTLE (for himself, Mr. BOEHNER, and Mr. WILSON of South Carolina) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
SEPTEMBER 7, 2004
Additional sponsors: Mr. MCKEON, Mr. NORWOOD, Mr. UPTON, Mr. EHLERS, 
Mr. ISAKSON, Mr. BURNS, and Mr. VITTER 
SEPTEMBER 7, 2004
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 3, 2004] 
A BILL 
To amend the Carl D. Perkins Vocational and Technical 
Education Act of 1998 to strengthen and improve pro-
grams under that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Vocational and Tech-
nical Education for the Future Act’’. 
SEC. 2. REFERENCES. 
Wherever in this Act an amendment is expressed in 
terms of an amendment to or repeal of a section or other 
provision, the amendment or repeal shall be considered to 
be made to a section or other provision of the Carl D. Per-
kins Vocational and Technical Education Act of 1998 (20 
U.S.C. 2301 et seq.). 
SEC. 3. PURPOSES AND DEFINITIONS. 
(a) PURPOSES.—Section 2(2) (20 U.S.C. 2301(2)) is 
amended by inserting ‘‘rigorous and challenging’’ after ‘‘in-
tegrate’’. 
(b) DEFINITIONS.—Section 3 (20 U.S.C. 2302) is 
amended—
(1) by striking paragraph (26) and redesig-
nating paragraphs (21) through (25) as paragraphs 
(23) through (27), and paragraphs (27) through (30) 
as paragraphs (29) through (32), respectively; 
(2) by redesignating paragraphs (4) through (20) 
as paragraphs (5) through (21), respectively, and in-
serting after paragraph (3) the following:
(A) in the paragraph heading, by striking 
‘‘TRAINING
AND
EMPLOYMENT’’ and inserting 
‘‘FIELDS’’; 
(B) by striking ‘‘training and employment’’ 
and inserting ‘‘fields’’; and 
(C) by inserting ‘‘current and’’ after ‘‘tech-
nology, and other’’; 
(8) in paragraph (19) (as so redesignated), by 
striking ‘‘the Republic of the Marshall Islands, the 
Federated States of Micronesia,’’; 
(9) by inserting after paragraph (21) (as so re-
designated) the following: 
‘‘(22) SCIENTIFICALLY BASED RESEARCH.—The 
term ‘scientifically based research’ has the meaning 
given that term in section 9101(37) of the Elementary 
and Secondary education Act of 1965 (20 U.S.C. 
780137).’’; 
(10) in paragraph (25) (as so redesignated)—
(A) in subparagraph (C), by striking 
‘‘training 
and 
employment’’ 
and 
inserting 
‘‘fields’’; 
(B) in subparagraph (E), by striking 
‘‘and’’; 
(C) in subparagraph (F)—
(i) by striking ‘‘individuals with other 
barriers to educational achievement, includ-
ing’’; and 
(ii) by striking the period and insert-
ing ‘‘; and’’; and 
(D) by inserting after subparagraph (F) the 
following: 
‘‘(G) individuals with other barriers to edu-
cational achievement, as determined by the 
State.’’; 
(11) by inserting after paragraph (27) (as so re-
designated) the following: 
‘‘(28) SUPPORTIVE SERVICES.—The term ‘sup-
portive services’ means services such as transpor-
tation, child care, dependent care, and needs-based 
payments, that are necessary to enable an individual 
to participate in activities authorized under this 
Act.’’; 
(12) in paragraph (29) (as so redesignated), by 
striking ‘‘section 2’’ and inserting ‘‘section 2(a)(4)’’; 
(13) in paragraph (30) (as so redesignated)—
(A) by inserting ‘‘of subsection (a)’’ after 
‘‘paragraph (2)’’; and
(B) by striking ‘‘paragraph (5)(A) of such 
section’’ and inserting ‘‘paragraph (5)(A) of such 
subsection’’; and 
(14) by amending paragraph (31)(A) (as so re-
designated) to read as follows: 
‘‘(A) offer a sequence of courses that—
‘‘(i) provides individuals with the rig-
orous and challenging academic and tech-
nical knowledge and skills the individuals 
need to prepare for further education and 
for careers (other than careers requiring a 
master’s or doctoral degree) in current or 
emerging employment sectors; 
‘‘(ii) may include the provision of 
skills or courses necessary to enroll in a se-
quence of courses that meet the requirements 
of this subparagraph; and 
‘‘(iii) provides, at the postsecondary 
level, for a 1-year certificate, an associate 
degree, or industry recognized credential; 
and’’. 
SEC. 4. TRANSITION PROVISIONS. 
Section 4 (20 U.S.C. 2303) is amended—
(1) by striking ‘‘the Carl D. Perkins Vocational 
and Applied Technology Education Act’’ and insert-
ing ‘‘ the ‘Carl D. Perkins Vocational and Technical 
Education Act of 1998’ ’’; and 
(2) by striking ‘‘the Carl D. Perkins Vocational 
and Applied Technology Education Amendments of 
1998’’ and inserting ‘‘the Vocational and Technical 
Education for the Future Act. Each eligible agency 
shall be assured 1 full fiscal year for transition, to 
plan for and implement the requirements of this Act’’. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
Section 8 (20 U.S.C. 2307) is amended to read as fol-
lows: 
‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this Act (other than subsection (a), (b), and (c) of section 
114, and sections 117 and 118) $1,307,000,000 for fiscal 
year 2005 and such sums as may be necessary for each of 
fiscal years 2006 through 2010.’’. 
SEC. 6. PROHIBITIONS. 
(a) IN GENERAL.—The Carl D. Perkins Vocational 
and Technical Education Act of 1998 (20 U.S.C. 2301 et 
seq.) is amended by adding after section 8 the following new 
section: 
‘‘SEC. 9. PROHIBITIONS. 
‘‘(a) LOCAL CONTROL.—Nothing in this Act shall be 
construed to authorize an officer or employee of the Federal
government to mandate, direct, or control a State, local edu-
cational agency, or school’s curriculum, program of instruc-
tion, or allocation of State or local resources, or mandate 
a State or any subdivision thereof to spend any funds or 
incur any costs not paid for under this Act. 
‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any 
State that declines to submit an application to the Sec-
retary for assistance under this Act shall not be precluded 
from applying for assistance under any other program ad-
ministered by the Secretary. 
‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL 
OR CERTIFICATION OF STANDARDS.—Notwithstanding any 
other provision of Federal law, no State shall be required 
to have academic and vocational and technical content or 
student academic and vocational and technical achievement 
standards approved or certified by the Federal government, 
in order to receive assistance under this Act. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect requirements under section 
113.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
in section 1(b) is amended by inserting after the item relat-
ing to section 8, the following new item:
‘‘Sec. 9. Prohibitions.’’.
SEC. 7. ALLOTMENT AND ALLOCATION TO STATES. 
(a) ALLOTMENT
FOR
NATIONAL
ACTIVITIES
FOR 
2005.—Section 111(a)(1) (20 U.S.C. 2321(a)(1)) is amend-
ed to read as follows: 
‘‘(1) RESERVATIONS.—From the sum appro-
priated under section 8 for each fiscal year, the Sec-
retary shall reserve—
‘‘(A) 0.12 percent to carry out section 115; 
‘‘(B) 1.50 percent to carry out section 116, 
of which—
‘‘(i) 1.25 percent of the sum shall be 
available to carry out section 116(b); and 
‘‘(ii) 0.25 percent of the sum shall be 
available to carry out section 116(h); and 
‘‘(C) 0.54 percent to carry out section 
114(d).’’. 
(b) MINIMUM
ALLOTMENTS.—Section 111(a) (20 
U.S.C. 2321(a)) is further amended—
(1) in paragraph (3), by striking ‘‘(or in the 
case of fiscal year 1999’’ and all that follows through 
‘‘Amendments of 1998)’’ each place it appears and in-
serting ‘‘(or in the case of fiscal year 2005 only, 
under this section and under title II of this Act, as 
such section and title were in effect on the day before 
the date of enactment of the Vocational and Technical 
Education for the Future Act)’’; and
(2) by amending paragraph (4)(A) to read as 
follows: 
‘‘(A) IN GENERAL.—No State shall receive 
an allotment under this section for a fiscal year 
that is less than the allotment the State received 
for fiscal year 2004 under this section and under 
title II of this Act (as such section and title were 
in effect on the day before the date of enactment 
of the Vocational and Technical Education for 
the Future Act).’’. 
(c) WITHIN STATE ALLOCATION.—Section 112 (20 
U.S.C. 2322) is amended—
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) ALLOCATION FORMULA.—From the amount allot-
ted to each State under section 111 for a fiscal year, the 
State board (hereinafter referred to as the ‘eligible agency’) 
shall allocate such amount as follows: 
‘‘(1) Subject to paragraph (4), not less than 88 
percent shall be made available for distribution under 
section 131 or 132, of which the eligible agency shall 
first make available for the activities described in sec-
tion 135(b)(3) not less than the amount allotted in 
fiscal year 2004 to such eligible agency under title II 
of this Act (as such title was in effect on the day be-
fore the date of enactment of the Vocational and Tech-
nical Education for the Future Act), reduced by the 
percentage by which the amount allotted to the State 
under section 111 for the fiscal year is less than the 
amount allotted under such section to such State for 
fiscal year 2004. Of the remainder of the 88 percent, 
not more than 10 percent may be used in accordance 
with subsection (c). 
‘‘(2) Subject to paragraph (4), not more than 10 
percent shall be made available to carry out State 
leadership activities described in section 124, of 
which—
‘‘(A) an amount equal to not more than 1 
percent of the amount allotted to the State under 
section 111 for the fiscal year shall be made 
available to serve individuals in State institu-
tions, such as State correctional institutions and 
institutions that serve individuals with disabil-
ities; and 
‘‘(B) not less than $60,000 and not more 
than $150,000 shall be available for services that 
prepare individuals for nontraditional fields. 
‘‘(3) An amount equal to not more than 2 per-
cent, or $250,000, whichever is greater, shall be made
available for administration of the State plan, which 
may be used for the costs of—
‘‘(A) developing the State plan; 
‘‘(B) reviewing the local plan; 
‘‘(C) monitoring and evaluating program 
effectiveness; 
‘‘(D) assuring compliance with all applica-
ble Federal laws; and 
‘‘(E) providing technical assistance. 
‘‘(4) If the amount allocated for any fiscal year 
under paragraph (2) shall be less than the amount al-
located under such paragraph for fiscal year 2004, 
additional amounts may be made available from the 
amount allocated under paragraph (1) for the pur-
poses described in paragraph (2). If such additional 
amounts are made available under this paragraph, 
the percentage of the total amount allotted under sec-
tion 111 that is allocated for the purposes described 
in paragraph (2) shall not exceed the percentage of 
the total amount allotted under section 111 for fiscal 
year 2004 that was allocated under paragraph (2) for 
fiscal year 2004.’’; and 
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (B), by striking 
the semicolon and inserting ‘‘; and’’; 
(ii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (D); 
and 
(B) in paragraph (2), by striking ‘‘through 
(D)’’ and inserting ‘‘through (C)’’. 
SEC. 8. ACCOUNTABILITY. 
(a) PURPOSE.—Section 113(a) (20 U.S.C. 2323(a)) is 
amended—
(1) by striking ‘‘establish a State’’ and inserting 
‘‘support a State and local’’; and 
(2) by inserting ‘‘and its eligible recipients’’ 
after ‘‘effectiveness of the State’’. 
(b) 
STATE
PERFORMANCE
MEASURES.—Section 
113(b) (20 U.S.C. 2323(b)) is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (B) 
through (D) as subparagraphs (C) through (E), 
respectively; 
(B) in subparagraph (A)—
(i) in the subparagraph heading, by 
inserting ‘‘FOR
SECONDARY
STUDENTS’’ 
after ‘‘PERFORMANCE’’;
(ii) by inserting ‘‘of secondary students 
that are, to the extent practicable, valid and 
reliable and’’ after ‘‘indicators of perform-
ance’’; 
(iii) in clause (i), by striking ‘‘State 
established academic,’’ and inserting ‘‘aca-
demic content and achievement standards, 
as established by the State under section 
1111(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(b)(1)),’’; 
(iv) in clause (ii)—
(I) by striking ‘‘or its recognized 
equivalent’’ and inserting ‘‘or the Gen-
eral Educational Development creden-
tial (including recognized alternative 
standards for individuals with disabil-
ities)’’; and 
(II) by striking ‘‘, or a postsec-
ondary degree or credential’’; 
(v) by amending clause (iii) to read as 
follows: 
‘‘(iii) Student graduation rates (as de-
scribed in section 111(b)(2)(C)(vi) of the El-
ementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(C)(vi))), place-
ment in postsecondary education or ad-
vanced training, placement in military 
service, or placement in employment.’’; and 
(vi) in clause (iv), by striking ‘‘train-
ing 
and 
employment’’ 
and 
inserting 
‘‘fields’’; 
(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) CORE INDICATORS OF PERFORMANCE 
FOR POSTSECONDARY STUDENTS.—Each eligible 
agency shall identify in the State plan core indi-
cators of performance of postsecondary students 
that are, to the extent practicable, valid and reli-
able, and that include, at a minimum, measures 
of each of the following: 
‘‘(i) Student attainment of challenging 
academic and vocational and technical skill 
proficiencies. 
‘‘(ii) Student retention in postsec-
ondary education, attainment of an asso-
ciate degree or postsecondary credential, or 
transfer to a baccalaureate degree program. 
‘‘(iii) Placement in military service or 
placement or retention in employment.
‘‘(iv) Student participation in and 
completion of vocational and technical edu-
cation programs in nontraditional fields.’’; 
(D) in subparagraph (C) (as so redesig-
nated), by striking ‘‘under the title’’ and insert-
ing ‘‘under this title’’; and 
(E) in subparagraph (D) (as so redesig-
nated), by inserting ‘‘vocational and technical 
education’’ after ‘‘has developed State’’; and 
(2) in paragraph (3)—
(A) by amending the paragraph heading to 
read as follows: 
‘‘(3) STATE LEVELS OF PERFORMANCE.—’’; and 
(B) in subparagraph (A)—
(i) in clause (i)—
(I) 
by 
striking 
‘‘paragraph 
(2)(A)’’ and inserting ‘‘subparagraphs 
(A) and (B) of paragraph (2)’’; and 
(II) in subclause (II), by striking 
‘‘to continually’’ and all that follows 
through ‘‘performance’’, and inserting 
‘‘to make continuous and substantial 
improvement in the academic and vo-
cational and technical achievement’’;
(ii) by amending clause (v) to read as 
follows: 
‘‘(v) AGREEMENT ON STATE ADJUSTED 
LEVELS
OF
PERFORMANCE
FOR
SUBSE-
QUENT YEARS.—
‘‘(I) 3RD
AND
4TH
PROGRAM 
YEARS.—Prior to the third program 
year covered by the State plan, the 
Secretary and each eligible agency 
shall reach agreement on the State ad-
justed levels of performance for each of 
the core indicators of performance for 
the third and fourth programs years 
covered by the State plan, taking into 
account the factors described in clause 
(vi). 
‘‘(II) 5TH
AND
6TH
PROGRAM 
YEARS.—Prior to the fifth program 
year covered by the State plan, the 
Secretary and each eligible agency 
shall reach agreement on the State ad-
justed levels of performance for each of 
the core indicators of performance for 
the fifth and sixth programs years cov-
ered by the State plan, taking into ac-
count the factors described in clause 
(vi). 
‘‘(III) 
AGREEMENTS
INCOR-
PORATED
INTO
STATE
PLAN.—The 
State adjusted levels of performance 
agreed to under this clause shall be 
considered the State adjusted levels of 
performance for the State for such 
years and shall be incorporated into 
the State plan.’’; 
(iii) in clause (vi)(II), by inserting 
‘‘and substantial’’ after ‘‘continuous’’; and 
(iv) in clause (vii), by striking ‘‘under 
clause (iii) or (iv)’’ and inserting ‘‘under 
clause (iii) or (v)’’. 
(c) LOCAL
LEVELS
OF
PERFORMANCE.—Section 
113(b) is further amended by adding at the end the fol-
lowing: 
‘‘(4) LOCAL LEVELS OF PERFORMANCE.—
‘‘(A) LOCAL
ADJUSTED
LEVELS
OF
PER-
FORMANCE FOR CORE INDICATORS OF PERFORM-
ANCE.—
‘‘(i) IN
GENERAL.—Each eligible re-
cipient shall establish in the local plan sub-
mitted under section 134, levels of perform-
ance for each of the core indicators of per-
formance described in paragraph (2)(A) 
and (B), as appropriate for the eligible re-
cipient, for vocational and technical edu-
cation activities authorized under this title. 
The levels of performance established under 
this subparagraph shall, at a minimum—
‘‘(I) be expressed in a percentage 
or numerical form, so as to be objec-
tive, quantifiable, and measurable; and 
‘‘(II) require the eligible recipient 
to make continuous and substantial 
improvement in the academic and vo-
cational and technical achievement of 
vocational and technical education stu-
dents. 
‘‘(ii) IDENTIFICATION
IN
THE
LOCAL 
PLAN.—Each eligible recipient shall iden-
tify, in the local plan submitted under sec-
tion 134, levels of performance for each of 
the core indicators of performance for the 
first 2 program years covered by the local 
plan. 
‘‘(iii) AGREEMENT
ON
LOCAL
AD-
JUSTED
LEVELS
OF
PERFORMANCE
FOR
FIRST 2 YEARS.—The eligible agency and 
each eligible recipient shall reach agreement 
on the levels of performance for each of the 
core indicators of performance, for the first 
2 program years covered by the local plan, 
taking into account the levels identified in 
the local plan under clause (ii) and the fac-
tors described in clause (v). The levels of 
performance agreed to under this clause 
shall be considered to be the local adjusted 
level of performance for the eligible recipient 
for such years and shall be incorporated 
into the local plan prior to the approval of 
such plan. 
‘‘(iv) AGREEMENT
ON
LOCAL
AD-
JUSTED
LEVELS
OF
PERFORMANCE
FOR 
SUBSEQUENT YEARS.—
‘‘(I) 3RD
AND
4TH
PROGRAM 
YEARS.—Prior to the third program 
year covered by the local plan, the eli-
gible agency and each eligible recipient 
shall reach agreement on the local ad-
justed levels of performance for each of 
the core indicators of performance for 
the third and fourth program years
covered by the local plan, taking into 
account the factors described in clause 
(v). 
‘‘(II) 5TH
AND
6TH
PROGRAM 
YEARS.—Prior to the fifth program 
year covered by the local plan, the eli-
gible agency and each eligible recipient 
shall reach agreement on the local ad-
justed levels of performance for each of 
the core indicators of performance for 
the fifth and sixth program years cov-
ered by the local plan, taking into ac-
count the factors described in clause 
(v). 
‘‘(III) 
AGREEMENTS
INCOR-
PORATED INTO LOCAL PLAN.—The local 
adjusted levels of performance agreed to 
under this clause shall be considered to 
be the local adjusted levels of perform-
ance for the eligible recipient for such 
years and shall be incorporated into 
the local plan. 
‘‘(v) FACTORS.—The agreement de-
scribed in clause (iii) or (iv) shall take into 
account—
‘‘(I) how the levels of performance 
involved compare with the local ad-
justed levels of performance established 
for other eligible recipients taking into 
account factors including the charac-
teristics of participants when the par-
ticipants entered the program and the 
services or instruction to be provided; 
and 
‘‘(II) the extent to which such lev-
els of performance promote continuous 
and substantial improvement on the 
indicators of performance by such eli-
gible recipient. 
‘‘(vi) 
REVISIONS.—If 
unanticipated 
circumstances arise with respect to an eligi-
ble recipient resulting in a significant 
change in the factors described in clause 
(v)(II), the eligible recipient may request 
that the local adjusted levels of performance 
agreed to under clause (iii) or (iv) be re-
vised. The eligible agency shall issue objec-
tive criteria and methods for making such 
revisions.
‘‘(B) LEVELS OF PERFORMANCE FOR ADDI-
TIONAL
INDICATORS.—Each eligible recipient 
may identify in the local plan, local levels of 
performance for any additional indicators of 
performance. Such levels shall be considered to be 
the local levels of performance for purposes of 
this title. 
‘‘(C) LOCAL REPORT.—
‘‘(i) CONTENT OF REPORT.—Each eli-
gible recipient that receives an allotment 
under section 111 shall annually prepare 
and submit to the eligible agency a report, 
regarding—
‘‘(I) the progress of such recipient 
in achieving the local adjusted levels of 
performance on the core indicators of 
performance; and 
‘‘(II) in the case of an eligible re-
cipient that receives funds described in 
section 112(a) for activities described 
in section 135(b)(3), the progress in 
achieving the local adjusted levels of 
performance on the core indicators 
with respect to tech prep program par-
ticipants.
‘‘(ii) DISAGGREGATION
OF
DATA.—
Each eligible recipient shall—
‘‘(I) disaggregate data for each of 
the indicators of performance under 
section 113(b)(2) for the categories of 
students enumerated under section 
1111(b)(2)(C)(v)(II) of the Elementary 
and Secondary Education Act of 1965 
that are served under this Act; and 
‘‘(II) identify and quantify any 
disparities or gaps in performance be-
tween any such category of students 
and the performance of all students 
served by the eligible recipient under 
the Act. 
‘‘(iii) RULES
FOR
REPORTING
OF 
DATA.—The disaggregation of data under 
clause (ii) shall be required except in a case 
in which the number of students in a cat-
egory is insufficient to yield statistically re-
liable information or in which the results 
would reveal personally identifiable infor-
mation about an individual student. 
‘‘(iv) AVAILABILITY.—The report de-
scribed in clause (i) shall be made available
to the public through a variety of formats, 
including electronically or through the 
Internet.’’. 
(d) STATE
REPORT.—Section 113(c) (20 U.S.C. 
2323(c)) is amended—
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively, and inserting 
after paragraph (1) the following: 
‘‘(2) DISAGGREGATION OF DATA.—Each eligible 
agency under this subsection shall—
‘‘(A) disaggregate data for each of the indi-
cators of performance under section 113(b)(2) for 
the categories of students enumerated under sec-
tion 1111(b)(2)(C)(v)(II) of the Elementary and 
Secondary Education Act of 1965 that are served 
under this Act; and 
‘‘(B) identify and quantify any disparities 
or gaps in performance between any such cat-
egory of students and the performance of all stu-
dents served by the eligible agency under the Act. 
‘‘(3) RULES
FOR
REPORTING
OF
DATA.—The 
disaggregation of data under paragraph (2) shall be 
required except in a case in which the number of stu-
dents in a category is insufficient to yield statis-
tically reliable information or in which the results
would reveal personally identifiable information 
about an individual student.’’; and 
(2) in paragraph (4) (as so redesignated)—
(A) by striking ‘‘special populations’’ and 
inserting ‘‘each of the populations described in 
section 3(25) and the populations described in 
section 1111(h)(1)(C)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6311(h)(1)(C)(i))’’; and 
(B) by striking ‘‘have made’’ and inserting 
‘‘has made’’. 
SEC. 9. NATIONAL ACTIVITIES. 
(a) PROGRAM PERFORMANCE INFORMATION.—Section 
114(a)(3) (20 U.S.C. 2324(a)(3)) is amended by inserting 
‘‘in the aggregate’’ after ‘‘international comparisons’’. 
(b) EVALUATION AND ASSESSMENT.—Section 114(c) 
(20 U.S.C. 2324(c)) is amended—
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) INDEPENDENT ADVISORY PANEL.—The Sec-
retary shall appoint an independent advisory panel, 
consisting of academic and vocational and technical 
education educators, administrators, experts in eval-
uation, research, and assessment, representatives of 
labor organizations, businesses, parents, guidance and
counseling professionals, and other individuals with 
relevant expertise, to advise the Secretary on the im-
plementation of the assessment described in para-
graph (3), including the issues to be addressed and 
the methodology of the studies involved to ensure the 
assessment adheres to the highest standards of quality. 
The advisory panel shall transmit to the Secretary 
and to Congress an independent analysis of the find-
ings and recommendations resulting from such assess-
ment. The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the panel established under 
this subsection.’’; 
(2) in paragraph (3)—
(A) in subparagraph (A), by inserting ‘‘the 
implementation of the’’ after ‘‘and assessment 
of’’; 
(B) in subparagraph (B)—
(i) by inserting ‘‘but shall not be lim-
ited to’’ after ‘‘paragraph (1) shall include’’; 
(ii) by striking clauses (i), (ii), (iv), 
and (vii) and redesignating clauses (iii), 
(v), (vi), and (viii) as clauses (i) through 
(iv), respectively; 
(iii) in clause (i) (as so redesignated), 
by striking ‘‘, and academic, curricula in
vocational and technical education pro-
grams,’’ and inserting ‘‘education (such as 
meeting State established teacher certifi-
cation or licensing requirements)’’; and 
(iv) in clause (ii) (as so redesig-
nated)—
(I) by striking ‘‘and employment 
outcomes’’ and all that follows through 
‘‘including analyses of’’ and inserting 
‘‘and vocational and technical edu-
cation achievement and employment 
outcomes of vocational and technical 
education students, including analyses 
of’’; 
(II) in subclause (I), by striking 
‘‘and tech-prep students’’ and inserting 
‘‘and students participating in the ac-
tivities described in section 135(b)(3)’’ 
; 
(III) in subclause (II), by striking 
‘‘academic, and vocational and tech-
nical, education’’ and inserting ‘‘rig-
orous and challenging academic and 
vocational and technical education, in-
cluding a review of the effect of inte-
grated rigorous and challenging aca-
demic and vocational and technical 
education on the achievement of stu-
dents’’; and 
(IV) in subclause (III), by insert-
ing ‘‘, particularly those in which 
math and science skills are critical,’’ 
after ‘‘high-skill careers’’; and 
(C) in subparagraph (C)—
(i) in clause (i)—
(I) by striking ‘‘the Committee on 
Education and the Workforce of the 
House of Representatives and the Com-
mittee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘Con-
gress’’; and 
(II) by striking ‘‘2002’’ and in-
serting ‘‘2008’’ both places it appears; 
and 
(ii) in clause (ii), by striking ‘‘the 
Committee on Education and the Workforce 
of the House of Representatives, the Com-
mittee on Labor and Human Resources of 
the Senate,’’ and inserting ‘‘Congress’’; 
(3) in paragraph (5)(A)—
(A) by striking ‘‘to carry out research’’ each 
place it appears, and inserting ‘‘to carry out sci-
entifically based research’’; 
(B) in clause (i), by inserting ‘‘scientifically 
based’’ after ‘‘programs, including’’; 
(C) in clause (ii), by inserting ‘‘that are in-
tegrated with rigorous and challenging academic 
education’’ after ‘‘implementation of vocational 
and technical education programs’’; and 
(D) in clause (iii)(I), by inserting ‘‘and the 
integration of those systems with the academic 
education system’’ after ‘‘technical education sys-
tems’’; 
(4) in paragraph (6)—
(A) by striking: 
‘‘(6) DEMONSTRATIONS AND DISSEMINATION.—
‘‘(A) 
DEMONSTRATION
PROGRAM.—The’’, 
and inserting: 
‘‘(6) DEMONSTRATIONS
AND
DISSEMINATION.—
The’’; and 
(B) by striking subparagraph (B); and 
(5) in paragraph (8), by striking ‘‘this section’’ 
and all that follows and inserting ‘‘subsections (a), 
(b), and (c) of this section, such sums as may be nec-
essary for each of fiscal years 2005 through 2010.’’
(c) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—
Section 114 is further amended by adding at the end the 
following new subsection: 
‘‘(d) INCENTIVE GRANTS FOR ELIGIBLE AGENCIES.—
‘‘(1) IN GENERAL.—From funds reserved under 
section 111(a)(1)(C), the Secretary may award grants 
to eligible agencies for exemplary performance in car-
rying out programs under this Act. Such awards 
shall be based on an eligible agency exceeding State 
adjusted levels of performance established under sec-
tion 113(b) and showing sustained or significant im-
provement. 
‘‘(2) SPECIAL
CONSIDERATION.—In awarding 
these grants, the Secretary may consider—
‘‘(A) an eligible agency’s success in effec-
tively developing connections between secondary 
education and postsecondary education and 
training; 
‘‘(B) an eligible agency’s integration of rig-
orous and challenging academic and technical 
coursework; and 
‘‘(C) an eligible agency’s progress in having 
special populations participating in vocational 
and technical education meet State adjusted lev-
els of performance.
‘‘(3) USE OF FUNDS.—The funds awarded to an 
eligible agency under this subsection may be used to 
carry out any activities authorized under section 124, 
including demonstrations of innovative programs.’’. 
SEC. 10. OUTLYING AREAS, NATIVE AMERICAN PROGRAMS, 
AND TRIBALLY CONTROLLED INSTITUTIONS. 
(a) ASSISTANCE FOR THE OUTLYING AREAS.—Section 
115 (20 U.S.C. 2325) is amended to read as follows: 
‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 
‘‘(a) OUTLYING AREAS.—From funds reserved pursu-
ant to section 111(a)(1)(A), the Secretary shall—
‘‘(1) make a grant in the amount of $660,000 to 
Guam; 
‘‘(2) make a grant in the amount of $350,000 to 
each of American Samoa and the Commonwealth of 
the Northern Mariana Islands; and 
‘‘(3) make a grant in the amount of $160,000 to 
the Republic of Palau. 
‘‘(b) REMAINDER.—Subject to the provisions of sub-
section (a), the Secretary shall make a grant of the remain-
der of funds reserved pursuant to section 111(a)(1)(A), in 
equal proportion, to each of Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands, for the 
purpose of providing direct vocational and technical edu-
cational services, including—
‘‘(1) teacher and counselor training and retrain-
ing; 
‘‘(2) curriculum development; and 
‘‘(3) the improvement of vocational and technical 
education and training programs in secondary 
schools and institutions of higher education, or im-
proving cooperative education programs involving 
both secondary schools and institutions of higher edu-
cation. 
‘‘(c) RESTRICTION.—The Republic of Palau shall cease 
to be eligible to receive funding under this section upon en-
tering into an agreement for extension of United States edu-
cational assistance under the Compact of Free Association 
after the date of enactment of the Vocational and Technical 
Education for the Future Act.’’. 
(b) NATIVE AMERICAN PROGRAM.—Section 116 (20 
U.S.C. 2326) is amended—
(1) in subsection (a), by inserting a period at the 
end of paragraph (5); and 
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (c)’’; and 
(B) in paragraph (2), by striking ‘‘(other 
than in subsection (i))’’.
(c) TRIBALLY CONTROLLED INSTITUTIONS.—Section 
117 (20 U.S.C. 2327) is amended—
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) USES
OF GRANTS.—Amounts made available 
under this section shall be used for vocational and technical 
education programs for Indian students and for instruc-
tional support costs of the grant, including the expenses de-
scribed in subsection (e).’’; 
(2) in subsection (c), by inserting after para-
graph (2) the following: 
‘‘(3) INDIRECT
COSTS.—Notwithstanding any 
other provision of law or regulation, the Secretary 
shall not require the use of a restricted indirect cost 
rate for grants issued under this section.’’; 
(3) by striking subsection (g) and redesignating 
subsections (h) and (i) as subsections (g) and (h), re-
spectively; and 
(4) in subsection (h) (as so redesignated)—
(A) by striking ‘‘$4,000,000 for fiscal year 
1999 and’’; and 
(B) by striking ‘‘the 4 succeeding fiscal 
years’’ and inserting ‘‘fiscal years 2005 through 
2010’’.
(d) OCCUPATIONAL
AND
EMPLOYMENT
INFORMA-
TION.—Section 118 (20 U.S.C. 2328) is amended—
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) STATE LEVEL ACTIVITIES.—
‘‘(1) DESIGNATED ENTITY.—In order for a State 
to receive a grant under this section, the eligible agen-
cy and the Governor of the State shall jointly des-
ignate an entity in the State responsible for con-
ducting the activities in this subsection. 
‘‘(2) APPLICATION.—The jointly designated agen-
cy shall submit an application to the Secretary at the 
same time the State submits its state plan under sec-
tion 122. The application shall be in such a manner 
and be accompanied by such information as the Sec-
retary may reasonably require. At a minimum, the 
application shall describe how the jointly designated 
agency will assist the eligible agency in meeting its 
adjusted levels of performance under section 113(b). 
‘‘(3) ACTIVITIES.—The jointly designated agency 
shall conduct activities—
‘‘(A) to provide support for a career guid-
ance and academic counseling programs designed 
to promote improved career and education deci-
sion making by students (and parents, as appro-
priate) regarding education and training options 
and preparations for high skill, high wage occu-
pations; 
‘‘(B) to make available to students, parents, 
teachers, administrators, and counselors, and to 
improve accessibility with respect to, informa-
tion and planning resources that relate academic 
and vocational and technical educational prepa-
ration to career goals and expectations; 
‘‘(C) to equip teachers, administrators, and 
counselors with the knowledge, skills, and occu-
pational information needed to assist students 
and parents with educational and other postsec-
ondary opportunities and education financing; 
‘‘(D) to assist appropriate State entities in 
tailoring resources and training for use by such 
entities; 
‘‘(E) to improve coordination and commu-
nication among administrators and planners of 
programs authorized by this Act and by section 
15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) 
at the Federal, State, and local levels to ensure 
nonduplication of efforts and the appropriate use 
of shared information and data; and
‘‘(F) to provide ongoing means for cus-
tomers, such as students and parents, to provide 
comments and feedback on products and services 
and to update resources, as appropriate, to better 
meet customer requirements.’’; 
(2) in subsection (e)(1), by striking ‘‘an identi-
fication’’ and inserting ‘‘a description’’; and 
(3) in subsection (f), by striking ‘‘1999 through 
2003’’ and inserting ‘‘2005 through 2010’’. 
SEC. 11. STATE ADMINISTRATION. 
Section 121 (20 U.S.C. 2341) is amended to read as 
follows: 
‘‘SEC. 121. STATE ADMINISTRATION. 
‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The re-
sponsibilities of an eligible agency under this title shall in-
clude—
‘‘(1) coordination of the development, submis-
sion, and implementation of the State plan, and the 
evaluation of the program, services, and activities as-
sisted under this title, including preparation for non-
traditional fields; 
‘‘(2) consultation with the Governor and appro-
priate agencies, groups, and individuals including 
parents, students, teachers, representatives of busi-
nesses, 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; 
‘‘(3) convening and meeting as an eligible agen-
cy (consistent with State law and procedure for the 
conduct of such meetings) at such time as the eligible 
agency determines necessary to carry out the eligible 
agency’s responsibilities under this title, but not less 
than four times annually; and 
‘‘(4) the adoption of such procedures as the eligi-
ble agency considers necessary to—
‘‘(A) implement State level coordination 
with the activities undertaken by the State 
boards under section 111 of Public Law 105–
220; and 
‘‘(B) 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. 
‘‘(b) EXCEPTION.—Except with respect to the respon-
sibilities set forth in subsection (a), the eligible agency may 
delegate any of the other responsibilities of the eligible agen-
cy 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. 12. STATE PLAN. 
Section 122 (20 U.S.C. 2342) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘5-year 
period’’ and inserting ‘‘6-year period’’; 
(B) in paragraph (2)(B), by striking ‘‘5 
year State plan’’ and inserting ‘‘6-year period’’; 
and 
(C) in paragraph (3), by striking ‘‘(includ-
ing employers, labor organizations, and par-
ents)’’ and inserting ‘‘(including charter school 
authorizers and organizers, employers, labor or-
ganizations, parents, students, and community 
organizations)’’; 
(2) in subsection (b)(1), by striking ‘‘teachers, el-
igible recipients, parents, students, interested commu-
nity members’’ and inserting ‘‘academic and voca-
tional and technical education teachers, eligible re-
cipients, charter school authorizers and organizers, 
parents, students, interested community members (in-
cluding parent and community organizations), insti-
tutions of higher education’’; 
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (A) 
through (D) as subparagraphs (B) through 
(E), respectively, and inserting before such 
subparagraphs (as so redesignated) the fol-
lowing: 
‘‘(A) the development of model sequences of 
courses for vocational and technical content 
areas that—
‘‘(i) incorporate both secondary and 
postsecondary education elements; 
‘‘(ii) include rigorous and challenging 
academic content and vocational and tech-
nical content in a coordinated, nonduplica-
tive progression of courses; 
‘‘(iii) lead to a postsecondary 1-year 
certificate, associate or baccalaureate degree, 
or a proficiency credential in conjunction 
with a secondary school diploma; and 
‘‘(iv) may be adopted by local edu-
cational agencies and postsecondary institu-
tions to be offered as an option to students 
(and their parents as appropriate), when 
choosing future coursework;’’;
(ii) in subparagraph (B) (as so redes-
ignated), by inserting ‘‘and how the eligible 
agency will distribute information identi-
fying eligible recipients that offer elements 
of the model sequences of courses’’ before the 
semicolon; 
(iii) by amending subparagraph (C) 
(as so redesignated) to read as follows: 
‘‘(C) the criteria that will be used by the eli-
gible agency to evaluate and approve eligible re-
cipients for funds under this title, including cri-
teria to assess the extent to which the local plan 
will promote continuous and substantial im-
provement in academic achievement and tech-
nical skill attainment;’’; 
(iv) in subparagraph (D) (as so redes-
ignated)—
(I) by inserting ‘‘, both academi-
cally and technically,’’ after ‘‘stu-
dents’’; and 
(II) by striking ‘‘; and’’ and in-
serting ‘‘, and how participating stu-
dents will be made aware of such op-
portunities;’’;
(v) in subparagraph (E) (as so redesig-
nated), by inserting ‘‘aligned with rigorous 
and challenging academic content’’ before 
the semicolon; and 
(vi) by inserting after subparagraph 
(E) (as so redesignated) the following: 
‘‘(F) the process by which, for vocational 
and technical education programs carried out 
under this Act, the eligible agency will develop 
the secondary or postsecondary elements of the 
model sequences of courses identified by the eligi-
ble agency, with an emphasis on rigorous and 
challenging academic and technical content that, 
through a progression of courses, leads to a post-
secondary 1-year certificate, associate’s or bacca-
laureate degree, or a proficiency credential in 
conjunction with a secondary school diploma; 
‘‘(G) the role that any eligible recipients 
successfully implementing the activities described 
in section 135(b)(3) will play in assisting other 
eligible recipients in establishing agreements and 
plans for coordinating the offering of model se-
quences of courses to students at both the sec-
ondary and postsecondary levels; and
‘‘(H) how funds will be used effectively to 
link secondary and postsecondary academic and 
vocational and technical education in a manner 
that increases student academic and vocational 
and technical achievement; 
‘‘(I) how the eligible agency will report the 
integration of rigorous and challenging aca-
demics in vocational and technical education 
programs in order to adequately evaluate the 
quality of such integration;’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) describes how comprehensive professional de-
velopment (including initial teacher preparation and 
activities that support recruitment) for vocational 
and technical, academic, guidance, and administra-
tive personnel will be provided, especially professional 
development that—
‘‘(A) promotes the integration of rigorous 
and challenging academic and vocational and 
technical education curriculum development; 
‘‘(B) increases the percentage of teachers 
that meet teacher certification or licensing re-
quirements;
‘‘(C) increases the academic and industry 
knowledge of vocational and technical education 
teachers; and 
‘‘(D) encourages applied learning that con-
tributes to the academic and vocational and tech-
nical knowledge of the student;’’; 
(C) in paragraph (3), by inserting ‘‘aca-
demic and vocational and technical’’ after ‘‘par-
ents,’’; 
(D) in paragraph (5)(A)—
(i) by inserting ‘‘(especially as per-
taining to math, science, and technology)’’ 
after ‘‘academic and technical skills’’; and 
(ii) by striking ‘‘core academic, and 
vocational and technical, subjects’’ and in-
serting ‘‘core academic subjects (as defined 
in section 9101(11) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 7801(11))), and vocational and tech-
nical subjects’’; 
(E) in paragraph (11), by inserting ‘‘and 
technology’’ after ‘‘equipment’’; 
(F) by striking paragraph (19) and redesig-
nating paragraphs (12) through (18) as para-
graphs (13) through (19), respectively;
(G) by inserting after paragraph (11) the 
following: 
‘‘(12) provides an assurance that when disposing 
of equipment acquired with funds under this Act, any 
personally identifiable information contained in such 
equipment will be totally destroyed prior to or as 
part of the disposition;’’; 
(H) in paragraph (18) (as so redesignated), 
by striking ‘‘training and employment’’ and in-
serting ‘‘fields’’; and 
(I) by redesignating paragraphs (20) and 
(21) as paragraphs (22) and (23), respectively, 
and inserting after paragraph (19) (as so redes-
ignated) the following: 
‘‘(20) describes how the eligible agency will 
award grants, on a competitive basis or on the basis 
of a formula determined by the eligible agency, using 
funds described in section 112 (a) (1) for activities 
described in section 135(b)(3); 
‘‘(21) describes how the eligible agency will carry 
out measurable, sustainable, and coordinated tech-
prep activities in the State (as described in section 
135(b)(3)), with funds allocated under section 112(a), 
that are developed in consultation with the entities 
described in subsection (b)(1) and that effectively pre-
pare students for post-secondary education or employ-
ment in high demand occupations through a seamless 
program of study consisting of appropriate advanced 
academic and technical courses that include a min-
imum of 2 years of secondary school preceding grad-
uation and a minimum of 2 years of higher education 
or an apprenticeship program of at least 2 years fol-
lowing secondary instruction;’’; and 
(4) by striking subsections (d) and (f) and redes-
ignating subsection (e) as subsection (d). 
SEC. 13. IMPROVEMENT PLANS. 
Section 123 (20 U.S.C. 2343) is amended to read as 
follows: 
‘‘SEC. 123. IMPROVEMENT PLANS. 
‘‘(a) STATE PROGRAM IMPROVEMENT.—
‘‘(1) PLAN.—If a State fails to meet the agreed 
upon State adjusted levels of performance required 
under section 113(b)(3), the eligible agency shall de-
velop and implement a program improvement plan 
(with special consideration to performance gaps iden-
tified under section 113(c)(2)) in consultation with 
the appropriate agencies, individuals, and organiza-
tions for the first program year succeeding the pro-
gram year in which the eligible agency failed to meet
the State adjusted levels of performance, in order to 
avoid a sanction under paragraph (3). 
‘‘(2) TECHNICAL ASSISTANCE.—If the Secretary 
determines that an eligible agency is not properly im-
plementing 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’s 
adjusted levels of performance, the Secretary shall 
work with the eligible agency to implement improve-
ment activities consistent with the requirements of 
this Act. 
‘‘(3) SUBSEQUENT ACTION.—
‘‘(A) IN GENERAL.—If an eligible agency 
fails to meet the State adjusted levels of perform-
ance and the purposes of this Act, has not imple-
mented an improvement plan as described in 
paragraph (1), has shown no improvement with-
in 1 year after implementing an improvement 
plan as described in paragraph (1), or has failed 
to meet the State adjusted levels of performance 
for 2 or more consecutive years, the Secretary 
may, after notice and opportunity for a hearing, 
withhold from the eligible agency all, or a por-
tion of, the eligible agency’s allotment under this 
title.
‘‘(B) 
WAIVER
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—The Secretary may waive the 
sanction in subparagraph (A) due to exceptional 
or uncontrollable circumstances such as a nat-
ural disaster or a precipitous and unforeseen de-
cline in the financial resources of the State. 
‘‘(4) FUNDS RESULTING FROM REDUCED ALLOT-
MENTS.—
‘‘(A) IN GENERAL.—The Secretary shall use 
funds withheld under paragraph (3) for a State 
served by an eligible agency, to provide (through 
alternative arrangements) services and activities 
within the State to meet the purposes of this Act. 
‘‘(B) REDISTRIBUTION.—If the Secretary 
cannot satisfactorily use funds withheld under 
paragraph (3), then the amount of funds re-
tained by the Secretary as a result of a reduction 
in an allotment made under paragraph (3) shall 
be redistributed to other eligible agencies in ac-
cordance with section 111. 
‘‘(b) LOCAL PROGRAM IMPROVEMENT.—
‘‘(1) LOCAL EVALUATION.—Each eligible agency 
shall evaluate annually, using the local adjusted levels 
of performance described in section 113(b)(4), the vo-
cational and technical education activities of each eli-
gible recipient receiving funds under this title. 
‘‘(2) PLAN.—
‘‘(A) IN GENERAL.—If, after reviewing the 
evaluation, the eligible agency determines that 
an eligible recipient is not making substantial 
progress in achieving the local adjusted levels of 
performance, or that an eligible recipient dem-
onstrates under section 113(b)(4)(C) a widening 
of performance gaps between multiple categories 
of students served by the eligible recipient in 
comparison to all students in the State served 
under the Act, the eligible agency shall—
‘‘(i) conduct an assessment of the edu-
cational needs that the eligible recipient 
shall address to overcome local performance 
deficiencies; 
‘‘(ii) enter into an improvement plan 
agreement with an eligible recipient based 
on the results of the assessment, for the first 
program year succeeding the program year 
in which the eligible recipient failed to meet 
the local adjusted levels of performance, 
which plan shall demonstrate how the local 
performance deficiencies will be corrected
and include strategies for professional devel-
opment and instructional and other pro-
grammatic innovations of demonstrated ef-
fectiveness, giving special consideration to 
performance gaps identified under section 
113(b)(4)(C); and 
‘‘(iii) conduct regular evaluations of 
the progress being made toward reaching 
the local adjusted levels of performance as 
described in section 113(b)(4) and progress 
on implementing the improvement plan. 
‘‘(B) CONSULTATION.—The eligible agency 
shall conduct the activities described in para-
graph (2) in consultation with teachers, parents, 
other school staff, appropriate agencies, and 
other appropriate individuals and organizations. 
‘‘(3) TECHNICAL
ASSISTANCE.—If the eligible 
agency determines that an eligible recipient is not 
properly implementing the eligible recipient’s respon-
sibilities under section 134, or is not making substan-
tial progress in meeting the purpose of this Act, based 
on the local adjusted levels of performance, the eligible 
agency shall provide technical assistance to the eligi-
ble recipient to assist such recipient in carrying out
the improvement activities consistent with the re-
quirements of this Act. 
‘‘(4) SUBSEQUENT ACTION.—
‘‘(A) IN GENERAL.—If an eligible recipient 
fails to meet the local adjusted levels of perform-
ance as described in section 113(b)(4) and the 
purposes of this Act, has not implemented an im-
provement plan as described in paragraph (2), 
has shown no improvement within 1 year after 
implementing an improvement plan as described 
in paragraph (2), or has failed to meet the local 
adjusted levels of performance for 2 or more con-
secutive years, the eligible agency may, after no-
tice and opportunity for a hearing, withhold 
from the eligible recipient all, or a portion of, the 
eligible recipient’s allotment under this title. 
‘‘(B) 
WAIVER
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—The eligible agency may waive 
the sanction under this paragraph due to excep-
tional or uncontrollable circumstances such as a 
natural disaster or a precipitous and unforeseen 
decline in the financial resources of the State. 
‘‘(5) FUNDS RESULTING FROM REDUCED ALLOT-
MENTS.—The eligible agency shall use funds withheld 
under paragraph (4) to continue to provide (through
alternative arrangements) services and activities in 
the area served by such recipient to meet the purpose 
of this Act.’’. 
SEC. 14. STATE LEADERSHIP ACTIVITIES. 
Section 124 (20 U.S.C. 2344) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘learn-
ing’’ and inserting ‘‘education’’; 
(B) in paragraph (2)—
(i) by inserting ‘‘, and the required 
math and science education,’’ after ‘‘use of 
technology in vocational and technical edu-
cation’’; and 
(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, 
including 
nontraditional 
fields’’; 
(C) in paragraph (3)—
(i) by inserting ‘‘at the secondary and 
postsecondary levels’’ after ‘‘academic, guid-
ance, and administrative personnel’’; 
(ii) by redesignating subparagraphs 
(A) through (D) as subparagraphs (C) 
through (F), respectively, and inserting be-
fore such subparagraphs (as so redesig-
nated) the following: 
‘‘(A) will provide inservice and preservice 
training for vocational and technical education 
teachers in the integration and use of rigorous 
and challenging academics with vocational and 
technical subjects; 
‘‘(B) are high quality, sustained, intensive, 
and classroom-focused in order to have a positive 
and lasting impact on classroom instruction and 
the teacher’s performance in the classroom, and 
are not 1 day or short-term workshops or con-
ferences;’’; 
(iii) in subparagraph (C) (as so redes-
ignated)—
(I) by inserting ‘‘scientifically 
based’’ after ‘‘based on’’; and 
(II) by striking ‘‘; and’’ and in-
serting a semicolon;
(iv) in subparagraph (D) (as so redes-
ignated), by striking ‘‘assist students in 
meeting’’ and inserting ‘‘improve student 
achievement in order to meet’’; and 
(v) by amending subparagraph (E) (as 
so redesignated) to read as follows: 
‘‘(E) will support education programs for 
teachers of vocational and technical education in 
public schools and other public school personnel 
who are involved in the direct delivery of edu-
cational services to vocational and technical edu-
cation students to ensure that teachers and per-
sonnel—
‘‘(i) stay current with the needs, expec-
tations, and methods of industry; 
‘‘(ii) meet teacher certification or li-
censing requirements, especially in core aca-
demic 
subjects 
as 
defined 
in 
section 
9101(11) of the Elementary and Secondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
7801(11)); 
‘‘(iii) effectively develop integrated rig-
orous and challenging academic and voca-
tional and technical education curriculum;
‘‘(iv) develop a high level of academic 
and industry knowledge and skills of voca-
tional and technical education; and 
‘‘(v) effectively use applied learning 
that contributes to the academic and voca-
tional and technical knowledge of the stu-
dent;’’; 
(D) in paragraph (4), by striking ‘‘integra-
tion of academics’’ and all that follows through 
‘‘core academic,’’ and inserting ‘‘provision of rig-
orous and challenging academics that are inte-
grated with vocational and technical education 
to ensure achievement in the core academic sub-
jects (as defined in section 9101(11) of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 7801(11))),’’; 
(E) in paragraph (5), by striking ‘‘training 
and employment’’ and inserting ‘‘fields’’; 
(F) in paragraph (6), by inserting ‘‘and 
complete a model sequence of courses, as de-
scribed in section 122(c)(1)(A)’’ after ‘‘technical 
skills’’; 
(G) in paragraph (7), by striking ‘‘; and’’ 
and inserting a semicolon;
(H) in paragraph (8), by striking the pe-
riod and inserting ‘‘; and’’; and 
(I) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) technical assistance for eligible recipients.’’; 
and 
(2) in subsection (c)—
(A) by striking paragraph (1), and redesig-
nating paragraphs (2) through (10) as para-
graphs (1) through (9), respectively, and para-
graphs (11) and (12) as paragraphs (12) and 
(13), respectively; 
(B) in paragraph (9) (as so redesignated), 
by inserting ‘‘that prepare individuals academi-
cally and technically for current and emerging 
occupations 
in 
demand’’ 
after 
‘‘education 
courses’’; and 
(C) by inserting after paragraph (9) (as so 
redesignated) the following: 
‘‘(10) awarding incentive grants to eligible re-
cipients for exemplary performance in carrying out 
programs under this Act, which awards shall be based 
on—
‘‘(A) eligible recipients exceeding chal-
lenging performance measures established under
section 113(b) that reflect sustained or signifi-
cant improvement; 
‘‘(B) eligible recipients effectively developing 
connections between secondary education and 
postsecondary education and training; 
‘‘(C) the adoption and integration of rig-
orous and challenging academic and technical 
coursework; 
‘‘(D) an eligible recipient’s progress in hav-
ing special populations participating in voca-
tional and technical education programs meet 
local adjusted levels of performance; or 
‘‘(E) other factors relating to the perform-
ance of the eligible recipient under this Act as 
the eligible agency determines are appropriate. 
‘‘(11) providing for activities to support entre-
preneurship education and training;’’. 
SEC. 15. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL 
PROGRAMS. 
Section 131 (20 U.S.C. 2351) is amended—
(1) by striking subsection (a) and redesignating 
subsections (b) through (i) as subsections (a) through 
(h), respectively; 
(2) in subsection (a) (as so redesignated)—
(A) in the subsection heading, by striking 
‘‘SPECIAL’’ and ‘‘FOR
SUCCEEDING
FISCAL 
YEARS’’; and 
(B) by striking ‘‘for fiscal year 2000 and 
succeeding fiscal years’’; and 
(3) in subsection (b) (as so redesignated)—
(A) by striking ‘‘subsection (b)’’ and insert-
ing ‘‘subsection (a)’’; and 
(B) by striking ‘‘(42 U.S.C. 9902(2))’’ and 
inserting ‘‘(42 U.S.C. 9902(2)))’’. 
SEC. 16. ELIMINATION OF REDISTRIBUTION RULE. 
Section 133 (20 U.S.C. 2353) is amended by striking 
subsection (b) and redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
SEC. 17. LOCAL PLAN FOR VOCATIONAL AND TECHNICAL 
EDUCATION PROGRAMS. 
Section 134(b) (20 U.S.C. 2354(b)) is amended—
(1) in paragraph (2), by inserting ‘‘and local’’ 
after ‘‘State’’; 
(2) in paragraph (3)—
(A) by redesignating subparagraphs (A) 
through (C) as subparagraphs (B) through (D), 
respectively, and inserting before such subpara-
graphs the following:
‘‘(A) offer the appropriate courses of at least 
one of the model sequences of courses described in 
section 124(c)(1), as appropriate to the eligible 
recipient responsible for that element of the se-
quence;’’; 
(B) in subparagraph (B) (as so redesig-
nated)—
(i) by inserting ‘‘rigorous and chal-
lenging’’ after ‘‘integration of’’; and 
(ii) by inserting ‘‘subjects (as defined 
by section 9101(11) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 7801(11)))’’ after ‘‘core academic’’; 
and 
(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 in-
serting after paragraph (3) the following: 
‘‘(4) describe how comprehensive professional de-
velopment (including initial teacher preparation) for 
vocational and technical, academic, guidance, and 
administrative personnel will be provided that pro-
motes the integration of rigorous and challenging aca-
demic and technical education (including curriculum 
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 sequence 
of courses’’ after ‘‘of this title’’; 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 ensure 
learning in the core academic’’ and inserting ‘‘as 
established in the State-developed model se-
quences 
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 technical 
education, including offering model sequences of 
courses and implementing tech-prep programs con-
sistent 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 voca-
tional and technical education school serv-
ing secondary school students, or a sec-
ondary school funded by the Bureau of In-
dian Affairs; and 
‘‘(ii)(I) a nonprofit institution of high-
er education that offers—
‘‘(aa) a 2 or 4-year degree pro-
gram, 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), including an 
institution receiving assistance under 
the Tribally Controlled College or Uni-
versity Assistance Act of 1978 (25 
U.S.C. 1801 et seq.) and a tribally 
controlled 
postsecondary 
vocational 
and technical institution; or 
‘‘(bb) a 2-year apprenticeship pro-
gram that follows secondary instruc-
tion, 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 quali-
fied as an institution of higher edu-
cation pursuant to section 102 of the 
Higher Education Act of 1965 (20 
U.S.C. 1002), if such proprietary insti-
tution of higher education is not sub-
ject to a default management plan re-
quired by the Secretary, 
and may include nonprofit organizations 
that provide eligible recipients with tech-
nology and programs to enhance math and 
science skills, employers, and labor organi-
zations; 
‘‘(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 Secondary
Education Act of 1965 (20 U.S.C. 6311) for sec-
ondary students, and support proficiency in 
mathematics, science, reading, writing, commu-
nications, 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; applied 
science; a mechanical, industrial, or practical 
art or trade; agriculture; health occupations; 
business; applied economics; advanced manufac-
turing; or other high-demand occupations as de-
termined 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 activi-
ties; 
‘‘(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 provide information 
to students (and parents, as appropriate) regard-
ing tech-prep programs and support student 
progress in completing tech-prep programs; 
‘‘(K) include in-service training for teachers 
that—
‘‘(i) provides for joint training for 
teachers in tech-prep programs; and 
‘‘(ii) is designed to ensure that teachers 
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), including through 
programs that allow secondary programs to be 
co-located on postsecondary campuses;’’; 
(D) in paragraph (5) (as so redesignated)—
(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 insert-
ing ‘‘collaborate’’; and 
(II) by inserting ‘‘that improve 
the math and science knowledge of stu-
dents’’ after ‘‘mentoring programs’’; 
(E) in paragraph (6) (as so redesignated)—
(i) by striking ‘‘teachers,’’ and insert-
ing ‘‘secondary and postsecondary teachers, 
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’’;
(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 (19), respec-
tively, and inserting after paragraph (9) the fol-
lowing: 
‘‘(10) to develop and expand postsecondary pro-
gram offerings that are accessible by students, includ-
ing the use of distance education; 
‘‘(11) to provide activities to support entrepre-
neurship education and training;’’; 
(F) in paragraph (12) (as so redesignated), 
by inserting ‘‘, including development of new 
proposed model sequences of courses for consider-
ation by the eligible agency and courses that pre-
pare individuals academically and technically 
for current and emerging occupations that are in 
demand’’ before the semicolon; 
(G) in paragraph (16) (as so redesignated), 
by striking ‘‘; and’’ and inserting a semicolon, 
and inserting after such paragraph 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); 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 of the Carl D. 
Perkins Vocational and Technical Education Act of 
1998 (20 U.S.C. 2391 et seq.) is amended by redesig-
nating such title as title II of such Act. Such title is 
further amended by redesignating sections 311 
through 318 as section 211 through 218, respectively, 
and sections 321 through 325 as sections 221 through 
225, respectively. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents of the Carl D. Perkins Vocational 
and Technical Education Act of 1998 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. 
‘‘Sec. 218. Participation of private school personnel. 
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS 
‘‘Sec. 221. Joint funding. 
‘‘Sec. 222. Prohibition on use of funds to induce out-of-State relocation of 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 insert-
ing 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.—
Section 217 (as so redesignated) is amended to read as fol-
lows: 
‘‘SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN. 
‘‘(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 pro-
gram assisted under this Act is located, who are en-
rolled in private nonprofit elementary schools and 
secondary schools, or, with respect to instructional or 
personnel training programs funded by an eligible 
agency, the local educational agency, after consulta-
tion 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), mate-
rials, and equipment, including the participa-
tion of the teachers of such children (and other 
educational personnel serving such children) 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 pro-
vide such other arrangements as will assure equi-
table participation of such children in the pur-
poses and benefits of this Act.
‘‘(2) APPLICATION OF REQUIREMENTS.—The re-
quirements of this section relating to the participa-
tion of children, teachers, and other personnel serving 
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 agencies, 
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 particular 
group, attendance area, or grade or age level, the local 
educational agency shall, after consultation with the 
appropriate private school officials, assure the equi-
table 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 concentra-
tion shall, taking into account the needs of the indi-
vidual children and other factors that relate to the ex-
penditures 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 pub-
lic agency with a person, association, agency, organi-
zation, institution or corporation that, in the provi-
sion of such services, is independent of the private 
school and of any religious organizations, and such 
employment or contract shall be under the control 
and supervision of such a public agency. The funds 
utilized under this section shall not be commingled 
with State or local funds. 
‘‘(3) TIMING AND CONTENT OF CONSULTATION.—
The consultation required under this section shall in-
clude 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 meet-
ings shall include a discussion of service delivery 
mechanisms (including third party contractors) and 
shall continue throughout implementation and assess-
ment of services under this Act. 
‘‘(d) WAIVER AND BYPASS PROCEDURES.—
‘‘(1) STATE PROHIBITION.—If an eligible agency 
or local educational agency is prohibited, by reason of 
any provision of law, from providing for the partici-
pation in programs of children enrolled in private el-
ementary schools and secondary schools as required 
by subsections (a) through (c), the Secretary shall 
waive such requirements for the agency involved and 
shall arrange for the provision of services to such chil-
dren through arrangements that shall be subject to the 
requirements of this section. 
‘‘(2) FAILURE TO COMPLY.—If the Secretary de-
termines 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 provision 
of services to such children through arrangements that 
shall be subject to the requirements of this section. 
‘‘(3) PAYMENT FROM STATE ALLOTMENT.—When 
the Secretary arranges for services under this sub-
section, the Secretary shall, after consultation with 
the appropriate public school and private school offi-
cials, pay the cost of such services, including the ad-
ministrative costs of arranging for those services, from 
the appropriate allotment of the eligible agency under 
this Act. 
‘‘(4) DURATION OF DETERMINATION.—Any deter-
mination 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 Secretary’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 allot-
ment 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 determina-
tion by the Secretary under Title I or Title IX of the Ele-
mentary 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 determinations ter-
minate or expire.’’.
Union Calendar No. 401
108TH CONGRESS 
2D SESSION 
H. R. 4496
[Report No. 108–659] 
A BILL 
To amend the Carl D. Perkins Vocational and 
Technical Education Act of 1998 to strengthen 
and improve programs under that Act. 
SEPTEMBER 7, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed