Title: Career and Technical Education State Flexibility Act
Policy area: Labor and Employment

Summary:
Career and Technical Education State Flexibility Act
This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise maintenance of effort requirements for a state to receive fiscal year career and technical education (CTE) funding allotments. In order for a state to receive its full allotment for any applicable fiscal year, its fiscal effort per student, or its aggregate expenditures, for CTE funding for the preceding fiscal year must be at least 80% of such fiscal effort per student or aggregate expenditures for the second preceding fiscal year.
The bill: (1) requires such maintenance of effort requirement to be inapplicable for the first two fiscal years after this bill's enactment; and (2) allows the state, after enactment of this bill, to establish a new required level of fiscal effort per student or aggregate expenditures.
The Department of Education (ED) shall: (1) exclude competitive or incentive-based programs established by the state in computing such required fiscal effort or aggregate expenditures, and (2) reduce the amount of a state's CTE funding allotment for any applicable fiscal year in the exact proportion by which the state falls below the required 80% threshold. ED may waive such reduction due to exceptional or uncontrollable circumstances affecting the state's ability to meet such maintenance of effort requirement.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 653

To amend the Carl D. Perkins Career and Technical Education Act of 2006 
 to make the maintenance of effort provision less burdensome on States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2017

   Mr. Hatch introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Carl D. Perkins Career and Technical Education Act of 2006 
 to make the maintenance of effort provision less burdensome on States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Career and Technical Education State 
Flexibility Act''.

SEC. 2. MAINTENANCE OF EFFORT.

    Section 311(b) of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2391(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--
                            ``(i) In general.--In order for a State to 
                        receive its full allotment of funds under this 
                        Act for any applicable fiscal year, the State's 
                        fiscal effort per student, or the aggregate 
                        expenditures of such State, with respect to 
                        career and technical education for the fiscal 
                        year preceding such applicable fiscal year 
                        shall be not less than 80 percent the fiscal 
                        effort per student, or the aggregate 
                        expenditures of such State, for the second 
                        fiscal year preceding such applicable fiscal 
                        year.
                            ``(ii) Applicable fiscal year.--In clause 
                        (i), the term `applicable fiscal year' means 
                        any fiscal year beginning with the third fiscal 
                        year that begins after the date of enactment of 
                        the Career and Technical Education State 
                        Flexibility Act.
                            ``(iii) No application for first two fiscal 
                        years; reset.--The maintenance of effort 
                        requirement under clause (i) shall not be 
                        applicable for the first 2 fiscal years that 
                        begin after the date of enactment of the Career 
                        and Technical Education State Flexibility Act. 
                        After the date of enactment of the Career and 
                        Technical Education State Flexibility Act, a 
                        State may establish a new level of fiscal 
                        effort per student or aggregate expenditures 
                        for purposes of compliance with this 
                        subsection.''; and
                    (B) in subparagraph (B), by striking ``shall 
                exclude capital expenditures, special 1-time project 
                costs, and the cost of pilot programs'' and inserting 
                ``shall exclude competitive or incentive-based programs 
                established by the State, capital expenditures, special 
                1-time project costs, and the cost of pilot programs''; 
                and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Reduction in case of failure to meet effort.--The 
        Secretary shall reduce the amount of a State's allotment of 
        funds under this Act for any applicable fiscal year (as defined 
        in paragraph (1)(A)(ii)) in the exact proportion by which the 
        State fails to meet the requirement of paragraph (1)(A)(i) by 
        falling below 80 percent of both the State's fiscal effort per 
        student and the State's aggregate expenditures (using the 
        measure most favorable to the State), if the State failed to 
        meet such requirement (as determined using the measure most 
        favorable to the State).
            ``(3) Waiver.--The Secretary may waive the application of 
        paragraph (2) due to exceptional or uncontrollable 
        circumstances affecting the ability of the State to meet the 
        requirement of paragraph (1)(A)(i).''.
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