20 U.S.C. § 2323 (EDUCATION)
§ 2323. Accountability
(a) Purpose
The purpose of this section is to establish and support State and local performance accountability systems, comprised of the activities described in this section, to assess the effectiveness of the State and the eligible recipients of the State in achieving statewide progress in career and technical education, and to optimize the return of investment of Federal funds in career and technical education activities.
(b) State performance measures
(1) In general
Each eligible agency, with input from eligible recipients, shall establish performance measures for a State that consist of—
(A) the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2);
(B) any additional indicators of performance (if any) identified by the eligible agency under paragraph (2)(C); and
(C) a State adjusted level of performance described in paragraph (3)(A) for each core indicator of performance, and State levels of performance described in paragraph (3)(B) for each additional indicator of performance.
(2) Indicators of performance
(A) Core indicators of performance for career and technical education students at the secondary level
Each eligible agency shall identify in the State plan core indicators of performance for career and technical education students at the secondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
(i) Student attainment of the challenging State academic standards, as adopted by a State in accordance with section 6311(b)(1) of this title and measured by the State determined levels of achievement on the academic assessments described in section 6311(b)(2) of this title.
(ii) Student attainment of career and technical skill proficiencies, including student achievement on technical assessments, that are aligned with industry-recognized standards, if available and appropriate.
(iii) Student rates of attainment of each of the following:
(I) A secondary school diploma.
(II) A General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities).
(III) A proficiency credential, certificate, or degree, in conjunction with a secondary school diploma (if such credential, certificate, or degree is offered by the State in conjunction with a secondary school diploma).
(iv) Student graduation rates (as described in section 6311(c)(4)(A)(i)(I)(bb) of this title).
(v) Student placement in postsecondary education or advanced training, in military service, or in employment.
(vi) Student participation in and completion of career and technical education programs that lead to non-traditional fields.
(B) Core indicators of performance for career and technical education students at the postsecondary level
Each eligible agency shall identify in the State plan core indicators of performance for career and technical education students at the postsecondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
(i) Student attainment of challenging career and technical skill proficiencies, including student achievement on technical assessments, that are aligned with industry-recognized standards, if available and appropriate.
(ii) Student attainment of an industry-recognized credential, a certificate, or a degree.
(iii) Student retention in postsecondary education or transfer to a baccalaureate degree program.
(iv) Student placement in military service or apprenticeship programs or placement or retention in employment, including placement in high skill, high wage, or high demand occupations or professions.
(v) Student participation in, and completion of, career and technical education programs that lead to employment in non-traditional fields.
(C) Additional indicators of performance
An eligible agency, with input from eligible recipients, may identify in the State plan additional indicators of performance for career and technical education activities authorized under this subchapter, such as attainment of self-sufficiency.
(D) Existing indicators
If a State has developed, prior to the date of enactment of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 [August 12, 2006], State career and technical education performance measures that meet the requirements of this section (as amended by such Act), the State may use such performance measures to measure the progress of career and technical education students.
(E) State role
Indicators of performance described in this paragraph shall be established solely by each eligible agency with input from eligible recipients.
(F) Alignment of performance indicators
In the course of developing core indicators of performance and additional indicators of performance, an eligible agency shall, to the greatest extent possible, align the indicators so that substantially similar information gathered for other State and Federal programs, or for any other purpose, is used to meet the requirements of this section.
(3) State levels of performance
(A) State adjusted levels of performance for core indicators of performance
(i) In general
Each eligible agency, with input from eligible recipients, shall establish in the State plan submitted under section 2342 of this title, levels of performance for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this subchapter. 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 objective, quantifiable, and measurable; and
(II) require the State to continually make progress toward improving the performance of career and technical education students.
(ii) Identification in the State plan
Subject to section 2303 of this title, each eligible agency shall identify, in the State plan submitted under section 2342 of this title, levels of performance for each of the core indicators of performance for the first 2 program years covered by the State plan.
(iii) Agreement on State adjusted levels of performance for first 2 years
The Secretary and each eligible agency 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 State plan, taking into account the levels identified in the State plan under clause (ii) and the factors described in clause (vi). The levels of performance agreed to under this clause shall be considered to be the State adjusted level of performance for the State for such years and shall be incorporated into the State plan prior to the approval of such plan.
(iv) Role of the Secretary
The role of the Secretary in the agreement described in clauses (iii) and (v) is limited to reaching agreement on the percentage or number of students who attain the State adjusted levels of performance.
(v) Agreement on State adjusted levels of performance for subsequent years
Prior to the third and fifth program years covered by the State plan, the Secretary and each eligible agency shall reach agreement on the State adjusted levels of performance for each of the core indicators of performance for the corresponding subsequent program years covered by the State plan, taking into account the factors described in clause (vi). The State adjusted levels of performance agreed to under this clause shall be considered to be the State adjusted levels of performance for the State for such years and shall be incorporated into the State plan.
(vi) Factors
The agreement described in clause (iii) or (v) shall take into account—
(I) how the levels of performance involved compare with the State adjusted levels of performance established for other States, taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and
(II) the extent to which such levels of performance promote continuous improvement on the indicators of performance by such State.
(vii) Revisions
If unanticipated circumstances arise in a State resulting in a significant change in the factors described in clause (vi), the eligible agency may request that the State adjusted levels of performance agreed to under clause (iii) or (v) be revised. The Secretary shall issue objective criteria and methods for making such revisions.
(B) Levels of performance for additional indicators
Each eligible agency shall identify in the State plan State levels of performance for each of the additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the State levels of performance for purposes of this subchapter.
(4) Local levels of performance
(A) Local adjusted levels of performance for core indicators of performance
(i) In general
Each eligible recipient shall agree to accept the State adjusted levels of performance established under paragraph (3) as local adjusted levels of performances, or negotiate with the State to reach agreement on new local adjusted levels of performance, for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this subchapter. The levels of performance established under this subparagraph shall, at a minimum—
(I) be expressed in a percentage or numerical form, consistent with the State levels of performance established under paragraph (3), so as to be objective, quantifiable, and measurable; and
(II) require the eligible recipient to continually make progress toward improving the performance of career and technical education students.
(ii) Identification in the local plan
Each eligible recipient shall identify, in the local plan submitted under section 2354 of this title, 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 adjusted levels of performance for first 2 years
The eligible agency and each eligible recipient shall reach agreement, as described in clause (i), on the eligible recipient’s 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 factors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted levels 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 adjusted levels of performance for subsequent years
Prior to the third and fifth program years covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the corresponding subsequent program years covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan.
(v) Factors
The agreement described in clause (iii) or (iv) shall take into account—
(I) how the levels of performance involved compare with the local adjusted levels of performance established for other eligible recipients in the State, taking into account factors including the characteristics of participants when the participants entered the program and the services or instruction to be provided; and
(II) the extent to which the local adjusted levels of performance promote continuous improvement on the core indicators of performance by the eligible recipient.
(vi) Revisions
If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised. The eligible agency shall issue objective criteria and methods for making such revisions.
(B) Levels of performance for additional indicators
Each eligible recipient may identify, in the local plan, local levels of performance for any additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the local levels of performance for purposes of this subchapter.
(C) Local report
(i) Content of report
Each eligible recipient that receives an allocation described in section 2322 of this title shall annually prepare and submit to the eligible agency a report, which shall include the data described in clause (ii)(I), regarding the progress of such recipient in achieving the local adjusted levels of performance on the core indicators of performance.
(ii) Data
Except as provided in clauses (iii) and (iv), each eligible recipient that receives an allocation described in section 2322 of this title shall—
(I) disaggregate data for each of the indicators of performance under paragraph (2) for the subgroups of students described in section 6311(h)(1)(C)(i) of this title and section 2302(29) of this title that are served under this chapter; and
(II) identify and quantify any disparities or gaps in performance between any such category of students and the performance of all students served by the eligible recipient under this chapter.
(iii) Nonduplication
The eligible agency shall ensure, in a manner that is consistent with the actions of the Secretary under subsection (c)(3), that each eligible recipient does not report duplicative information under this section.
(iv) Rules for reporting of data
The disaggregation of data under clause (ii) shall not be required when the number of students in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual student.
(v) Availability
The report described in clause (i) shall be made available to the public through a variety of formats, including electronically through the Internet.
(c) Report
(1) In general
Each eligible agency that receives an allotment under section 2321 of this title shall annually prepare and submit to the Secretary a report regarding—
(A) the progress of the State in achieving the State adjusted levels of performance on the core indicators of performance; and
(B) information on the levels of performance achieved by the State with respect to the additional indicators of performance, including the levels of performance for special populations.
(2) Data
Except as provided in paragraphs (3) and (4), each eligible agency that receives an allotment under section 2321 or 2371 of this title shall—
(A) disaggregate data for each of the indicators of performance under subsection (b)(2) for the categories of students described in section 6311(h)(1)(C)(i) of this title and section 2302(29) of this title that are served under this chapter; and
(B) identify and quantify any disparities or gaps in performance between any such category of students and the performance of all students served by the eligible agency under this chapter, which shall include a quantifiable description of the progress each such category of students served by the eligible agency under this chapter has made in meeting the State adjusted levels of performance.
(3) Nonduplication
The Secretary shall ensure that each eligible agency does not report duplicative information under this section.
(4) Rules for reporting of data
The disaggregation of data under paragraph (2) shall not be required when the number of students in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual student.
(5) Information dissemination
The Secretary—
(A) shall make the information contained in such reports available to the general public through a variety of formats, including electronically through the Internet;
(B) shall disseminate State-by-State comparisons of the information; and
(C) shall provide the appropriate committees of Congress with copies of such reports.
(Pub. L. 88–210, title I, § 113, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 696; amended Pub. L. 114–95, title IX, § 9215(n)(3), Dec. 10, 2015, 129 Stat. 2169.)
heading: References in Text
text: This section (as amended by such Act), referred to in subsec. (b)(2)(D), is this section as added by Pub. L. 109–270.
heading: Prior Provisions
text: A prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3087, related to accountability, prior to the general amendment of this chapter by Pub. L. 109–270.
Another prior section 2323, Pub. L. 88–210, title I, § 113, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 99–159, title VII, §§ 704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 905, 907; Pub. L. 101–392, title I, § 113, Sept. 25, 1990, 104 Stat. 766; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–382, title III, § 391(s)(2), Oct. 20, 1994, 108 Stat. 4024, required submission of State plans, prior to the general amendment of this chapter by Pub. L. 105–332.
heading: Amendments
text: 2015—Subsec. (b)(2)(A)(i). Pub. L. 114–95, § 9215(n)(3)(A)(i), added cl. (i) and struck out former cl. (i) which read as follows: “Student attainment of challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 6311(b)(1) of this title and measured by the State determined proficient levels on the academic assessments described in section 6311(b)(3) of this title.”
Subsec. (b)(2)(A)(iv). Pub. L. 114–95, § 9215(n)(3)(A)(ii), substituted “(as described in section 6311(c)(4)(A)(i)(I)(bb) of this title)” for “(as described in section 6311(b)(2)(C)(vi) of this title)”.
Subsec. (b)(4)(C)(ii)(I). Pub. L. 114–95, § 9215(n)(3)(B), substituted “subgroups” for “categories”.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.