‘‘(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 provides information 
to students (and parents, as appropriate) regard-
ing tech-prep programs and supports 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), and may include 
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 and publications’’; 
(D) in paragraph (9), by inserting ‘‘that 
address the integration of academic and voca-
tional and technical education and’’ after 
‘‘teacher preparation programs’’; 
(E) by redesignating paragraphs (10) 
through (14) as paragraphs (12) through (16), 
and paragraph (15) as paragraph (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, and dual enrollment opportunities by 
which secondary vocational and technical edu-
cation students could obtain postsecondary credit 
to count towards an associate or baccalaureate 
degree’’ before the semicolon; 
(G) by amending paragraph (16) (as so re-
designated) to read as follows: 
‘‘(16) to support training in nontraditional 
fields;’’; and 
(H) by inserting after paragraph (16) (as 
so redesignated) the following: 
‘‘(17) to provide accurate information relating to 
the availability of supportive services available in an 
area served by the eligible recipient, and referral to 
such services, as appropriate; 
‘‘(18) to support the activities described in sub-
section (b)(3); and’’. 
SEC. 19. REPEAL OF TECH-PREP EDUCATION ACT. 
Title II (20 U.S.C. 2071 et seq.) is repealed.
SEC. 20. GENERAL PROVISIONS. 
(a) REDESIGNATION OF TITLE III.—
(1) REDESIGNATION.—Title III (20 U.S.C. 2391 
et seq.) is amended—
(A) by striking section 318; 
(B) by redesignating such title as title II of 
such Act; and 
(C) by redesignating sections 311 through 
317 as section 211 through 217 and sections 321 
through 325 as sections 221 through 225, respec-
tively. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in section 1(b) is amended—
(A) by striking the items relating to title 
III; and 
(B) by amending the items relating to title 
II to read as follows:
‘‘TITLE II—GENERAL PROVISIONS 
‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS 
‘‘Sec. 211. Fiscal requirements. 
‘‘Sec. 212. Authority to make payments. 
‘‘Sec. 213. Construction. 
‘‘Sec 214. Voluntary selection and participation. 
‘‘Sec. 215. Limitation for certain students. 
‘‘Sec. 216. Federal laws guaranteeing civil rights. 
‘‘Sec. 217. Participation of private school children and personnel. 
‘‘PART B—STATE ADMINISTRATIVE PROVISIONS 
‘‘Sec. 221. Joint funding. 
‘‘Sec. 222. Prohibition on use of funds to induce out-of-State relocation of busi-
nesses. 
‘‘Sec. 223. State administrative costs.
‘‘Sec. 224. Limitation on Federal regulations. 
‘‘Sec. 225. Student assistance and other Federal programs.’’.
(b) FISCAL
REQUIREMENTS.—Section 211(b) (20 
U.S.C. 2391(b)) (as so redesignated) is amended by 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 
AND PERSONNEL.—Section 217 (as so redesignated) is 
amended to read as follows: 
‘‘SEC. 217. PARTICIPATION OF PRIVATE SCHOOL CHILDREN 
AND PERSONNEL. 
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN GENERAL.—To the extent consistent with 
the number of children in the school district of a local 
educational agency that is eligible to receive funds 
under this Act, or that serves the area in which a 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, taking into account the needs of the individual 
children and other factors that relate to the expendi-
tures 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. 11
109TH CONGRESS 
1ST SESSION 
H. R. 366
[Report No. 109–25] 
A BILL 
To amend the Carl D. Perkins Vocational and 
Technical Education Act of 1998 to strengthen 
and improve programs under that Act. 
MARCH 17, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed