Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990
PL 101-392 (H.R.7), enacted 09/25/1990

PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 753 
Public Law 101-392 
101st Congress 
An Act 
To amend the Carl D. Perkins Vocational Education Act to improve the provision of 
services under such Act and to extend the authorities contained in such Act 
through the fiscal year 1995, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) THIS ACT.—This Act may be cited as the "Carl D. Perkins 
Vocational and Applied Technology Education Act Amendments of 
1990". 
(b) AMENDMENTS.—Section 1 of the Carl D. Perkins Vocational 
Education Act (in this Act referred to as the "Act") (20 U.S.C. 2301 
note) is amended to read as follows: 
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
"(a) SHORT TITLE.—This Act may be cited as the 'Carl D. Perkins 
Vocational and Applied Technology Education Act'. 
"(b) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
"TABLE OF CONTENTS 
"Sec. 
"Sec. 
"Sec. 
Short title; table of contents. 
Statement of purpose. 
Authorization of appropriations. 
"TITLE I—VOCATIONAL EDUCATION ASSISTANCE TO THE STATES 
"PART A—ALLOTMENT AND ALLOCATION 
"Sec. 101. Allotment. 
"Sec. lOlA. The territories. 
"Sec. 102. Within State allocation. 
"Sec. 103. Indian and Hawaiian natives programs. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"Sec. 
"PART B—STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES 
111. State administration. 
112. State council on vocational education. 
113. State plan. 
114. State plan approval. 
115. State and local standards and measures. 
116. State assessment and ev£iluation. 
117. Program evaluation and improvement. 
118. Criteria for services smd activities for individuals who are members of 
special populations. 
"TITLE n—BASIC STATE GRANTS FOR VOCATIONAL EDUCATION 
"PART A—STATE PROGRAMS 
"Sec. 201. State programs and State leadership. 
Sept. 25,1990 
[H.R. 7] 
Carl D. Perkins 
Vocational and 
Applied 
Technology 
Education Act 
Amendments of 
1990. 
Schools and 
colleges. 
State and local 
governments. 
20 u s e 2301 
note. 
Carl D. Perkins 
Vocational and 
Applied 
Technology 
Education Act. 
-139 O - 90 (392) 
104 STAT. 754 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"PART B—OTHER STATE-ADMINISTERED PROGRAMS 
"Subpart 1—Programs to Provide Single Parents, Displaced Homemakers, and 
Single Pregnant Women With Marketable Skills and to Promote the Elimination 
of Sex Bias 
"Sec. 221. Programs for single parents, displaced homemakers, and single pregnant 
women. 
"Sec. 222. Sex equity programs. 
"Sec. 223. Competitive award of amounts; evaluation of programs. 
"Subpart 2—Corrections Education 
"Sec. 225. Programs for criminal offenders. 
"PART C—SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL EDUCATION 
PROGRAMS 
"Subpart 1—Within State Allocation 
"Sec. 231. Distribution of funds to secondary school programs. 
"Sec. 232. Distribution of funds to postsecondary and adult programs. 
"Sec. 233. Special rule for minimal allocation. 
"Sec. 234. Reallocation. 
"Subpart 2—Uses of Funds 
"Sec. 235. Uses of funds. 
"Subpart 3—Local Application 
"Sec. 240. Loc£d application. 
"TITLE III—SPECIAL PROGRAMS 
"PART A—STATE ASSISTANCE FOR VOCATIONAL EDUCATION SUPPORT PROGRAMS BY 
COMMUNITY-BASED ORGANIZATIONS 
"Sec. 301. Applications. 
"Sec. 302. Uses of funds. 
"PART B—CONSUMER AND HOMEMAKING EDUCATION 
"Sec. 311. Consumer and homemaking education grants. 
"Sec. 312. Use of funds from consumer and homemaking education grants. 
"Sec. 313. Information dissemination and leadership. 
"PART C—COMPREHENSIVE CAREER GUIDANCE AND COUNSEUNG PROGRAMS 
"Sec. 321. Grants for career guidance and counseling. 
"Sec. 322. Use of funds from career guidance and counseling grants. 
"Sec. 323. Information dissemination and leadership. 
"PART D—BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING 
"Sec. 331. Findings and purpose. 
"Sec. 332. Authorization of grants. 
"Sec. 333. Use of funds. 
"PART E—TECH-PREP EDUCATION 
"Sec. 341. Short title. 
"Sec. 342. Findings and purpose. 
"Sec. 343. Program authorized. 
"Sec. 344. Tech-prep education programs. 
"Sec. 345. Applications. 
"Sec. 346. Reports. 
"Sec. 347. Definitions. 
"PART F—SUPPLEMENTARY STATE GRANTS FOR FACIUTIES AND EQUIPMENT AND 
OTHER PROGRAM IMPROVEMENT ACTIVITIES 
"Sec. 351. Statement of purpose. 
"Sec. 352. Allotment to States. 
"Sec. 353. Allocation to local educational agencies. 
"Sec. 354. Uses of funds. 
"Sec. 355. State applications. 
"Sec. 356. Local applications. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 755 
"PART G—COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCATIONAL 
EDUCATION LIGHTHOUSE SCHOOLS 
"Subpart 1—Community Education Employment Centers 
"Sec. 361. Short title. 
"Sec. 362. Purpose. 
"Sec. 363. Program authorized. 
"Sec. 364. Program requirements. 
"Sec. 365. Support services requirements. 
"Sec. 366. Parented and community participation. 
"Sec. 367. Professional staff. 
"Sec. 368. Eligibility. 
"Sec. 369. Application. 
"Sec. 370. Evaluation and report. 
"Sec. 371. Definitions. 
"Subpart 2—Vocational Education Lighthouse Schools 
"Sec. 375. Vocational education lighthouse schools. 
"PART H—TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS 
"Sec. 381. Short title. 
"Sec. 382. Purpose. 
"Sec. 383. Grants authorized. 
"Sec. 384. Eligible grant recipients. 
"Sec. 385. Grants to tribally controlled postsecondary vocational institutions. 
"Sec. 386. Amounts of grants. 
"Sec. 387. Effect on other programs. 
"Sec. 388. Grant adjustments. 
"Sec. 389. Report on facilities and facilities improvement. 
"Sec. 390. Definitions. 
"TITLE IV—NATIONAL PROGRAMS 
"PART A—RESEARCH AND DEVELOPMENT 
"Sec. 401. Research objectives. 
"Sec. 402. Research activities. 
"Sec. 403. National assessment of vocational education programs. 
"Sec. 404. National Center or Centers for Research in Vocational Education. 
"PART B—DEMONSTRATION PROGRAMS 
"Sec. 411. Programs authorized. 
"Sec. 412. Materials development in telecommunications. 
"Sec. 413. Demonstration centers for the training of dislocated workers. 
"Sec. 414. Professional development. 
"Sec. 415. Blue ribbon vocational education programs. 
"Sec. 416. Development of business and education standards. 
"Sec. 417. Educational programs for Federal correctional institutions. 
"Sec. 418. Dropout prevention. 
"Sec. 419. Model programs of regional training for skilled trades. 
"Sec. 420. Demonstration projects for the integration of vocational and academic 
learning. 
"Sec. 420A. Cooperative Demonstration Programs. 
"PART C—VOCATIONAL EDUCATION AND OCCUPATIONAL INFORMATION DATA SYSTEMS 
"Sec. 421. Data systems authorized. 
"Sec. 422. National Occupational Information Coordinating Committee. 
"Sec. 423. Information base for vocational education data system. 
"Sec. 424. Miscellaneous provisions. 
"PART D—NATIONAL COUNCIL ON VOCATIONAL EDUCATION 
"Sec. 431. Council established. 
"PART E—BIUNGUAL VOCATIONAL TRAINING 
"Sec. 441. Program authorized. 
"PART F—GENERAL PROVISIONS 
"Sec. 451. Distribution of assistance. 
104 STAT. 756 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"TITLE V—GENERAL PROVISIONS 
"PAKT A—FEDERAL ADMINISTRATIVE PROVISIONS 
"Sec. 501. Payments. 
"Sec. 502. Maintenance of effort. 
"Sec. 503. Authority to make payments. 
"Sec. 504. Regional meetings and negotiated rulemaking. 
"Sec. 505. Requirements relating to reports, plans, and regulations. 
"Sec. 506. Federal laws guaranteeing civil rights. 
"Sec. 507. Student assistance and other Federal programs. 
"Sec. 508. Federal monitoring. 
"PART B—STATE ADMINISTRATIVE PROVISIONS 
"Sec. 511. Joint funding. 
"Sec. 512. Review of regulations. 
"Sec. 513. Identification of State-imposed requirements. 
"Sec. 514. Prohibition on use of funds to induce out-of-State relocation of 
businesses. 
"Sec. 515. State administrative costs. 
"Sec. 516. Additional administrative requirements. 
"PART C—DEFINITIONS 
"Sec. 521. Definitions.". 
SEC. 2. STATEMENT OF PURPOSE. 
Section 2 of the Act (20 U.S.C. 2301) is amended to read as follows: 
"SEC. 2. STATEMENT OF PURPOSE. 
"It is the purpose of this Act to make the United States more 
competitive in the world economy by developing more fully the 
academic and occupational skills of all segments of the population. 
This purpose will principally be achieved through concentrating 
resources on improving educational programs leading to academic 
and occupational skill competencies needed to work in a techno-
logically advanced society.". 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 3 of the Act (20 U.S.C. 2302) is amended to read as follows: 
"SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There are authorized to be appropriated 
$1,600,000,000 for the fiscal year 1991 and such sums as may be 
necessary for each of the fiscal years 1992, 1993, 1994, and 1995 to 
carry out the provisions of titles I, II, III, and IV of this Act. 
"(b) TITLE I.—(1) Of the amounts remaining from amounts made 
available under subsection (a) after providing amounts for the pro-
grams described in paragraph (2) and subsections (d) and (f)— 
"(A) 1.5 percent shall be available to carry out the provisions 
of section 103, relating to Indian and Hawaiian natives pro-
grams; and 
"(B) .2 percent shall be available to carry out the provisions of 
section lOlA, relating to the territories. 
"(2) Of the amounts made available in the fiscal year 1991 under 
subsection (a), not more than $9,000,000 shall be available to carry 
out the provisions of section 112, relating to State councils on 
vocational education. 
"(c) BASIC PROGRAMS.—Of the amounts remaining from amounts 
made available under subsection (a) after providing amounts for the 
programs described in subsections (b)(2), (d), and (f), 95.8 percent 
shall be available to carry out the provisions of title II, relating to 
basic programs. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 757 
"(d) SPECIAL PROGRAMS.—(1) Subject to paragraph (2), of the 
amounts made available under subsection (a) for the fiscal year 
1991— 
"(A) not more than $15,000,000 shall be available to carry out 
the provisions of part A of title III, relating to State £issistance 
for vocational education support programs by community-based 
organizations; 
"(B) not more than $38,500,000 shall be available to carry out 
the provisions of part B of title III, relating to consumer and 
homemaking education; 
"(C) not more than $20,000,000 shall be available to carry out 
the provisions of part C of title III, relating to comprehensive 
career guidance and counseling programs; 
"(D) not more than $10,000,000 shall be available to carry out 
the provisions of part D of title III, relating to business-labor-
education partnerships; 
"(E) not more than $125,000,000 shall be available to carry out 
the provisions of part E of title III, relating to tech-prep edu-
cation; 
"(F) not more than $100,000,000 shall be available to carry out 
the provisions of part F of title III, relating to supplementary 
State grants for facilities and equipment and other program 
improvement activities; 
"(G) not more than $10,000,000 shall be available to carry out 
the provisions of part G of title III, of which— 
"(i) an amount equal to 75 percent of the amounts made 
available to carry out such part shall be available to carry 
out the provisions of subpart 1 of such part, relating to 
community education employment centers; and 
"(ii) an amount equal to 25 percent of the amounts made 
available to carry out such part shall be available to carry 
out the provisions of subpart 2 of such part, relating to 
vocational education lighthouse schools; and 
"(H) not more than $4,000,000 shall be av£iilable to carry out 
the provisions of part H of title III, relating to tribally con-
trolled postsecondary vocational institutions. 
"(2) Notwithstanding the provisions of paragraph (1), amounts 
shall be available to carry out the provisions of part C, D, or G of 
title III in any fiscal year only to the extent that the amount 
avEiilable for such fiscal year to carry out the provisions of title II 
exceeds $1,000,000,000. 
"(e) NATIONAL PROGRAMS.—For each fiscal year, of the amounts 
remaining from amounts available pursuant to subsection (a) after 
providing amounts for the programs described in subsections (bX2), 
(d), and (f), 2.5 percent of such remainder shall be available to carry 
out the provisions of title IV (other than parts D and E), relating to 
national programs. 
"(f) OTHER NATIONAL PROGRAMS.—(1) Of amounts made available 
under subsection (a) for the fiscal year 1991, not more than $350,000 
shall be available to carry out the provisions of part D of title IV, 
relating to the National Council on Vocational Education. 
"(2) Of amounts made available under subsection (a) for the fiscal 
year 1991, not more than $10,000,000 shall be avsiilable to carry out 
the provisions of part E of title IV, relating to bilingual vocational 
training programs.". 
104 STAT. 758 
PUBLIC LAW 101-392—SEPT. 25, 1990 
20 u s e 2303. 
SEC. 4. INTERDEPARTMENTAL TASK FORCE ON COORDINATION OF VOCA-
TIONAL EDUCATION AND RELATED PROGRAMS. 
(a) ESTABLISHMENT.—There is established the Interdepartmental 
Task Force on Vocational Education and Related Programs (in this 
section referred to as the "Task Force"). 
(b) MEMBERSHIP.—The Task Force shall consist of the Secretary of 
Education, the Secretary of Labor, the Secretary of Health and 
Human Services, and such other personnel of the Department of 
Education, the Department of Labor, and the Department of Health 
and Human Services as the Secretaries consider appropriate. 
(c) DUTIES.—The Task Force shall— 
(1) examine principal data required for programs under the 
Adult Education Act, the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, the Job Training Partnership 
Act, the Rehabilitation Act of 1973, and the Wagner-Peyser Act; 
(2) examine possible common objectives, definitions, meas-
ures, and standards for such programs; and 
(3) consider integration of research and development con-
ducted with Federal assistance in the area of vocational edu-
cation and related areas, including areas of emerging tech-
nologies. 
(d) REPORT TO CONGRESS.—The Task Force shall, every 2 years, 
submit a report on its findings to the appropriate committees of the 
Congress. 
SEC. 5. JOINT FUNDING. 
(a) JOB TRAINING PARTNERSHIP ACT.—(1) Section 123 of the Job 
Training Partnership Act (29 U.S.C. 1533) is amended by adding at 
the end the following new subsection: 
"(eXD Sums available for this section pursuant to section 202(b)(1) 
may be used to provide additional funds under an applicable pro-
gram if— 
"(A) such program otherwise meets the requirements of this 
Act and the requirements of the applicable program; 
"(B) such program serves the same individuals that are served 
under this section; 
"(C) such program provides services in a coordinated manner 
with services provided under this section; and 
"(D) such funds would be used to supplement, and not sup-
plant, funds provided from non-Federal sources. 
"(2) For purposes of this subsection, the term 'applicable program' 
means any program under any of the following provisions of law: 
"(A) The Carl D. Perkins Vocational and Applied Technology 
Education Act. 
"(B) The Wagner-Peyser Act.". 
(2) Section 204 of the Job Training Partnership Act (29 U.S.C. 
1604) is amended— 
(A) by inserting "(a)" after "SEC. 204."; and 
(B) by adding at the end the following new subsection: 
"(b)(1) Funds provided under this title may be used to provide 
additional funds under an applicable program if— 
"(A) such program otherwise meets the requirements of this 
Act and the requirements of the applicable program; 
"(B) such program serves the same individuals that are served 
under this title; 
"(C) such program provides services in a coordinated manner 
with services provided under this title; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 759 
"(D) such funds would be used to supplement, and not sup-
plant, funds provided from non-Federal sources. 
"(2) For purposes of this subsection, the term 'applicable program' 
means any program under any of the following provisions of law: 
"(A) The Carl D. Perkins Vocational and Applied Technology 
Education Act. 
"(B) The Wagner-Peyser Act.". 
(3) Section 314 of the Job Training Partnership Act (29 U.S.C. 
1661c) is amended by adding at the end the following new subsec-
tion: 
"(g) JOINT FUNDING.—(1) Funds allotted under section 302 may be 
used to provide additional funds under an applicable program i
f
— 
"(A) such program otherwise meets the requirements of this 
Act and the requirements of the applicable program; 
"(B) such program serves the same individuals that are served 
under this title; 
"(C) such program provides services in a coordinated manner 
with services provided under this title; and 
"(D) such funds would be used to supplement, and not sup-
plant, funds provided from non-Federal sources. 
"(2) For purposes of this subsection, the term 'applicable program' 
means any program under any of the following provisions of law: 
"(A) The Carl D. Perkins Vocational and Applied Technology 
Education Act. 
"(B) The Wagner-Peyser Act.", 
(b) WAGNER-PEYSER ACT.—Section 7 of the Wagner-Peyser Act (29 
U.S.C. 49f) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new subsec-
tion: 
"(c)(1) Funds made available to States under this section may be 
used to provide additional funds under an applicable program if-^ 
"(A) such program otherwise meets the requirements of this 
Act and the requirements of the applicable program; 
"(B) such program serves the SEime individuals that are served 
under this Act; 
"(C) such program provides services in a coordinated manner 
with services provided under this Act; and 
"(D) such funds would be used to supplement, and not sup-
plant, funds provided from non-Federal sources. 
"(2) For purposes of this subsection, the term 'applicable program' 
means any program under any of the following provisions of law: 
"(A) The Carl D. Perkins Vocational and Applied Technology 
Education Act. 
"(B) Section 123, title II, and title III of the Job Training 
Partnership Act.". 
TITLE I—VOCATIONAL EDUCATION 
ASSISTANCE TO THE STATES 
PART A—ALLOTMENT AND ALLOCATION 
SEC. 101. ALLOTMENT. 
(a) IN GENERAL.—Section 101 of the Act (20 U.S.C 2311) is 
amended— 
104 STAT. 760 
PUBLIC LAW 101-392—SEPT. 25, 1990 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as follows: 
"(1) In each 6scal year, of the amounts remaining from amounts 
made available under section 3(a) after providing amounts for the 
programs described in subsections G))(2), (d), and (f) of section 3, the 
Secretary shall reserve— 
"(A) 2.5 percent for the activities described in title IV (other 
than parts D and E); 
"(B) 1,5 percent for the purpose of carrying out section 103, of 
which— 
"(i) 1.25 percent shall be for the purpose of carrying out 
section 103(b); and 
"(ii) .25 percent shall be for the purpose of carrjdng out 
section 103(c); and 
"(C) .2 percent for the purpose of carrying out section lOlA."; 
(B) in paragraph (3)— 
(i) in clause (i) of subparagraph (B)— 
(I) by striking "subparagraph (A)" and inserting 
"subparagraphs (A), (C), and (D)"; and 
(II) by striking "(D), or (E)" each place it appears 
and inserting "or (D)"; 
(ii) by amending subparagraph (C) to read as follows: 
"(C) In the case of the Virgin Islands, the minimum 
allotment for all programs under this Act shall not be less 
than $200,000."; 
(iii) by adding at the end the following: 
"(D)(i) Subject to clause (iii), no State shall, by reason of subpara-
graph (B), be allotted more than the lesser of^ 
"(I) 150 percent of the amount that the State received in the 
preceding hscal year; and 
"(II) the amount calculated under clause (ii). 
"(ii) The amount calculated under this clause shall be determined 
by multiplying— 
"(I) the number of individuals in the State counted under 
paragraph (2) in the preceding fiscal year; by 
"(II) 150 percent of the national average per pupil pajnment 
made with funds available under this section for that year. 
"(iii) Notwithstanding the provisions of clauses (i) and (ii), no State 
shall be allotted an amount under this section in any fiscal year that 
is less than the amount such State is allotted in the fiscal year 
1991."; 
(2) in subparagraph (B) of subsection (c)(1), by striking 
", Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands" 
each place such phrase appears and inserting "and the Virgin 
Islands"; and 
(3) by adding at the end the following: 
"(d) For the purpose of this section, the term 'State' means any 1 
of the 50 States, the Commonwealth of Puerto Rico, the District of 
Columbia, and the Virgin Islands.". 
(b) THE TERRITORIES.—Part A of title I of the Act (20 U.S.C. 2311 et 
seq.) is amended by inserting after section 101 the following: 
Grants. 
"SEC. lOlA. THE TERRITORIES. 
20 u s e 2311a 
"(a) THE TERRITORIES.—From funds reserved pursuant to section 
lOl(aXlXC), the Secretary shall— 
"(1) make a grant in the amount of $500,000 to Guam; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 761 
"(2) make a grant in the amount of $190,000 to each of 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and Palau (until the Compact of Free Association 
with Palau teikes effect pursuant to section 101(a) of Public Law 
99-658). 
"(b) REMAINDER.—Subject to the provisions of subsection (a), the 
Hawaii. 
Secretary shall make a grant of the remainder of funds reserved 
pursuant to section lOl(aXlXC) to the Center for the Advancement 
of Pacific Education, Honolulu, Hawaii, or its successor entity £is the 
Pacific regional educational laboratory to make grants for voca-
tional education and training in Guam, American Seunoa, Palau, the 
Commonwealth of the Northern Marianas, the Federated States of 
Micronesia, and the Republic of the Marshall Islands, for the pur-
pose of providing direct educational services, including— 
"(1) teacher and counselor training and retrsiining; 
"(2) curriculum development; and 
"(3) improving vocational education and training programs in 
secondary schools and institutions of higher education, or 
improving cooperative programs involving both secondary 
schools and institutions of higher education. 
"(c) LIMITATION.—The Center for the Advancement of Pacific 
Education may use not more than 5 percent of the funds received 
pursuant to subsection (b) for administrative costs.". 
SEC. 102. WITHIN STATE ALLOCATION. 
Section 102 of the Act (20 U.S.C. 2312) is amended to read as 
follows: 
"SEC. 102. WITHIN STATE ALLOCATION. 
"(a) PROGRAMS OTHER THAN STATE GRANTS.—From the allotment 
made to each State from funds appropriated under section 3(a) for 
each fiscal year— 
"(1) an amount equal to at least 75 percent of the allotment 
shall be available only for basic programs under part C of 
title II; 
"(2) an amount equal to 10.5 percent of the allotment shall be 
av£iilable only for the program for single parents, displaced 
homemakers, and single pregnant women described in section 
221 and the sex equity program described in section 222, of 
which— 
"(A) not less than 7 percent of such allotment shall be 
reserved for the program for single parents, displaced 
homemakers, and single pregnant women; and 
"(B) not less than 3 percent of such allotment shall be 
reserved for the sex equity program; 
"(3) £in amount equal to not more than 8.5 percent of the 
allotment shall be available only for State programs and activi-
ties described in section 201; 
"(4) the State may use for administration of the State plan an 
amount that does not exceed 5 percent of the allotment or 
$250,000, whichever is greater, of which— 
"(A) not less than $60,000 shall be available only for 
purposes of carrying out the provisions of section lll(bXl); 
and 
aor 
"(B) remaining amounts may be used for the costs of— 
"(i) developing the State plan; 
"(ii) reviewing local applications; 
r
-
104 STAT. 762 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(iii) monitoring and evaluating program effective-
ness; 
"(iv) providing technical assistance; and 
"(v) assuring compliance with all applicable Federal 
laws, including required services and activities for 
individuals who are members of special populations; 
and 
"(5) an amount equal to 1 percent of the allotment shall be 
available only for programs for criminal offenders under section 
225. 
"(b) MATCHING REQUIREMENT.—Each State receiving financial 
assistance under this Act shall match, from non-Federal sources and 
on a doUar-for-doUar basis, the funds reserved pursuant to subsec-
tion (aX4). 
"(c) HOLD HARMLESS PROVISION.—(1) Except as provided in para-
graph (2) and notwithstanding the provisions of subsection (a), each 
State shall reserve for the program for single parents, displaced 
homemakers, and single pregnant women under section 221, the sex 
equity program under section 222, and the program for criminal 
offenders under section 225, respectively, an amount that is not less 
than the amount such State reserved for each such program in the 
fiscal year 1990. 
"(2) In any year in which a State receives an amount for purposes 
of carrying out programs under title II that is less than the amount 
such State received for such purposes in the fiscal year 1990, such 
State shall ratably reduce the amounts reserved under para-
graph (1).". 
Grants. 
SEC. 103. INDIAN AND HAWAIIAN NATIVES PROGRAMS. 
Paragraph (1) of section 103(b) of the Act (20 U.S.C. 2313) is 
amended to read as follows: 
"(1)(A) From the funds reserved pursuant to section 101(a)(lXBXi), 
the Secretary is directed— 
"(i) upon the request of any Indian tribe which is eligible to 
contract with the Secretary of the Interior for the administra-
tion of programs under the Indian Self-Determination Act or 
under the Act of April 16,1934; or 
"(ii) upon an application received from a Bureau funded 
school (as such term is defined in section 1139(3) of the Edu-
cation Amendments of 1978) offering secondary programs filed 
at such time and under such conditions as the Secretary may 
prescribe, 
to make grants to or enter into contracts with any tribal organiza-
tion of any such Indian tribe or to make a grant to such Bureau 
funded school, as appropriate, to plan, conduct, and administer 
programs or portions of programs authorized by and consistent with 
the purposes of this Act, except that— 
"(I) such grants or contracts with any tribal organization 
shall be subject to the terms and conditions of section 102 of the 
Indian Self-Determination Act and shall be conducted in accord-
ance with the provisions of sections 4, 5, and 6 of the Act of 
April 16, 1934, which are relevant to the programs administered 
under this sentence; and 
"(II) such grants to Bureau funded schools shall not be subject 
to the requirements of the Indian Self-Determination Act or the 
ActofAprill6,1934. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 763 
"(BXi) Any tribal organization or school eligible to receive assist-
ance under this paragraph may apply individually or as part of a 
consortium with another such trib^ organization or school, 
"(ii) In the case of a Bureau funded school, the minimum amount 
of a grant made under this section shall be $35,000. 
"(C) The Secretary may not place upon grants made or contracts 
entered into under this paragraph any restrictions relating to pro-
grams or outcomes other than restrictions which apply to grants 
made to or contracts entered into with States under section 101. The 
Secretary, in making grants under this paragraph, shall give special 
consideration to— 
"(i) grants which involve, coordinate with, or encourage tribal 
economic development plans; and 
"(ii) applications from tribally controlled community colleges 
which— 
"(I) are accredited or are candidates for accreditation by a 
nationally recognized accreditation organization as an 
institution of postsecondary vocational education; or 
"(II) operate vocational education programs that are 
accredited or are candidates for accreditation by a nation-
ally recognized accreditation organization and issue certifi-
cates for completion of vocational education programs.". 
PART B—STATE ORGANIZATIONAL AND 
PLANNING RESPONSIBILITIES 
SEC. 111. STATE ADMINISTRATION. 
Section 111 of the Act (20 U.S.C. 2321) is amended— 
(1) in subsection (aXlXA), by striking "113(bX9)" and inserting 
"113(bX8), section 116, and section 117"; 
(2) in subsection (aXlXC), by inserting ", including business, 
industry, and labor," before "involved"; 
(3) in subsection (bXD— 
(A) in subparagraph (A)— 
(i) by striking "201(f)" and inserting "221"; and 
(ii) by striking "201(g)" and inserting "222"; 
(B) by redesignating subparagraphs (C), (D), (E), (F), and 
(G), as subparagraphs (D), (E), (F), (G), and (H), respectively; 
(C) by striking "and" at the end of subparagraph (F) (EIS 
redesignated by subparagraph (B) of this paragraph); 
(D) by striking the period at the end of subparagraph (G) 
(as redesignated by subparagraph (B) of this parsigraph) and 
inserting a semicolon; and 
(E) by inserting aJFter subparagraph (B) the following: 
"(C) reviewing and commenting upon, and making rec-
ommendations concerning, the plans of local educational 
eigencies, area vocational education schools, intermediate 
educational 
agencies, 
and 
postsecondary 
educational 
institutions to ensure that the needs of women and men for 
training in nontraditional jobs are met;"; and 
(F) by adding at the end the following: 
"(I) developing an annual plan for the use of all funds 
available for such programs; 
t09i' 
"(J) managing the distribution of funds pursuant to sec-
tion 223; 
104 STAT. 764 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(K) monitoring the use of funds distributed to recipients 
under such programs; and 
"(L) evaluating the effectiveness of programs and activi-
ties supported by such funds."; 
(4) in subsection (bX3) by inserting "from funds allocated 
under section 102(aX4XA)" before "expend"; 
(5) by striking subsection (e); 
(6) by redesignating subsections (c) and (d) as subsections (f) 
and (g), respectively; and 
(7) by inserting the following new subsections after subsec-
tion (b): 
"(c) REVIEW OF PLANS WITH RESPECT TO STUDENTS WITH HANDI-
CAPS.—(1) Any State desiring to participate in the programs au-
thorized by this Act shall designate or assign the head of the State 
office responsible for administering part B of the Education of the 
Handicapped Act to review the implementation of the provisions of 
this Act as such provisions relate to students with handicaps by 
reviewing all or a representative sample of plans of eligible recipi-
ents to— 
"(A) assure that individuals with handicaps are receiving 
vocational educational services; 
"(B) assure that the plans of the eligible recipient provide 
assurances of compliance with the provisions of section 504 of 
the Rehabilitation Act of 1973 and the Education of Handi-
capped Act regarding equal access to programs; and 
"(C) assure that the eligible recipients have— 
"(i) identified the number of students with handicaps 
enrolled in vocational programs operated by the eligible 
recipient; 
"(ii) assessed the vocational needs of the students identi-
fied pursuant to clause (i); and 
"(iii) developed an adequate plan to provide supple-
mentary services sufficient to meet the needs of such 
students. 
"(2) For purposes of this subsection and subsections (d) and (e), the 
term 'State' means any 1 of the 50 States, the District of Columbia, 
and the Commonwealth of Puerto Rico. 
"(d) 
NEEDS OF ECONOMICALLY DISADVANTAGED STUDENTS.—Any 
State desiring to participate in the programs authorized by this Act 
shall assign the head of the State office or other appropriate individ-
ual responsible for coordinating services under chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965 to review all 
or a representative sample of plans of the eligible recipients to 
ensure that the number of economically disadvantaged students 
have been identified, and that the needs of such students are being 
met as outlined by such plans. 
"(e) NEEDS OF STUDENTS OF LIMITED ENGLISH PROFICIENCY.—Any 
State desiring to participate in the programs authorized by this Act 
shall designate or assign the head of the State office or other 
appropriate individual responsible for administering programs for 
students of limited English proficiency to review all or a representa-
tive sample of the plans of the eligible recipients to ensure the 
numbers of students of limited English proficiency have been identi-
fied and that the needs of such students for participation in voca-
tional education programs are being met £is outlined by such 
plans.". 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 765 
SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION. 
Section 112 of the Act (20 U.S.C. 2322) is amended— 
(1) in subsection (aXDCA), by inserting "trade organizations," 
after "industry,"; 
(2) in subsection (aX2), by striking the period at the end and 
inserting "and may include members of vocational student 
organizations and school board members."; 
(3) in subsection (a), by inserting the following new sentence 
at the end of the matter following paragraph (2): "No employee 
of the State board shall serve on the State council."; 
(4) in subsection (dX2), by— 
(A) striking "advise" and inserting "make recommenda-
tions to"; 
(B) redesignating subparagraphs (A) and (B) as subpara-
graphs (B) and (C), respectively; and 
(C) inserting the following new subparagraph (A) before 
subparagraph (B) (as redesignated by subparagraph (B) of 
this paragraph): 
"(A) the State plan;"; 
(5) in subsection (dX8), by— 
(A) striking "the individuals described in section 201(b)" 
and inserting "individuals who are members of special 
populations"; and 
(B) striking "and" at the end; 
(6) by striking subsection (d)(9) and inserting the following 
new paragraphs: 
"(9) analyze and review corrections education programs; and 
"(lOXA) evaluate at lesist once every 2 years— 
"(i) the extent to which vocational education, employ-
ment, and training programs in the State represent a 
consistent, integrated, and coordinated approach to meeting 
the economic needs of the State; 
"(ii) the vocational education program delivery system 
assisted under this Act, and the job training program deliv-
ery system assisted under the Job Training Partnership 
Act, in terms of such delivery systems' adequacy and 
effectiveness in achieving the purposes of each of the 2 
Acts; and 
"(iii) make recommendations to the State board on the 
adequacy and effectiveness of the coordination that takes 
place between vocational education and the Job Training 
Partnership Act; 
"(B) comment on the adequacy or inadequacy of State action 
in implementing the State plan; 
"(C) make recommendations to the State board on ways to 
create greater incentives for joint planning and collaboration 
between the vocational education system and the job training 
system at the State and local levels; and 
"(D) advise the Governor, the State board, the State job 
training coordinating council, the Secretary, and the Secretary 
of Labor regarding such evaluation, findings, and recommenda-
tions."; 
(7) in subsection (e) by inserting the following new sentences 
at the end: "Each State Council may submit a statement to the 
Secretary reviewing gind commenting upon the State plan. Such 
statement shall be sent to the Secretary with the State plan."; 
104 STAT. 766 
PUBLIC LAW 101-392—SEPT. 25, 1990 
Grants. 
Grants. 
Territories, U.S. 
(8) by amending subsection (f)(1)(A) to read as follows: 
"(fKl)(A) Except as provided in subparagraph (B), from the sums 
appropriated pursuant to section 3(c), the Secretary shall first make 
grants of $150,000 to each State council. From the remainder of such 
sums the Secretary shall allot to each State council an amount in 
accordance with the method of allotment set forth in section 
101(a)(2) of this Act, provided t h a t -
'll) no State council shall receive more than $250,000 for each 
fiscal year; 
"(ii) no State council shall receive less than $150,000 for each 
fiscal year; and 
"(iii) no State council shall receive less than such State 
council was allotted in the fiscal year 1990;"; and 
(9) by amending subsection (f)(1)(B) to read as follows: 
"(B) From the sums appropriated pursuant to section 3(c) for each 
fiscal year, the Secretary shall make grants of— 
"(i) $60,000 to each of the State councils of the Virgin Islands 
and Guam; and 
"(ii) $25,000 to each of the State councils of American Samoa, 
Palau (until the Compact of Free Association with Palau takes 
effect pursuant to section 101(a) of Public Law 99-658), and the 
Commonwealth of the Northern Mariana Islands.". 
SEC. 113. STATE PLAN. 
Section 113 of the Act (20 U.S.C. 2323) is amended to read as 
follows: 
"SEC. 113. STATE PLAN. 
"(a) IN GENERAL.—(1)(A) Any State desiring to receive funds from 
its allotment for any fiscal year shall submit to the Secretary a 
State plan for a 3-year period, in the case of the initial plan, and 
a 2-year period thereafter, together with such annual revisions as 
the State board determines to be necessary. 
"(B) The planning periods required by subparagraph (A) shall be 
coterminous with the planning program periods required under 
section 104(a) of the Job Training Partnership Act. 
"(2)(A) In formulating the State plan (and amendments thereto), 
the State board shall meet with and utilize the State council estab-
lished pursuant to section 112. 
"(B) The State board shall conduct public hearings in the State, 
after appropriate and sufficient notice, for the purpose of affording 
all segments of the public and interested organizations and groups 
an opportunity to present their views and make recommendations 
regarding the State plan. A summary of such recommendations and 
the State board's response shall be included with the State plan. 
"(3) In developing the State plan, the State shall conduct an 
assessment according to section 116. Such assessment shall include 
analysis of— 
"(A) the relative academic, occupational, training, and 
retraining needs of secondary, adult, and postsecondary stu-
dents; and 
"(B) the capability of vocational education programs to pro-
vide vocational education students, to the extent practicable, 
with— 
"(i) strong experience in and understanding of all aspects 
of the industry the students are preparing to enter (includ-
ing planning, management, finances, technical and produc-
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 767 
tion skills, underlying principles of technology, labor and 
community issues, and health, safety, and environmental 
issues); and 
"(ii) strong development and use of problem-solving skills 
and basic and advanced academic skills (including skills in 
the areas of mathematics, reading, writing, science, and 
social studies) in a technological setting. 
'(b) CONTENTS.—Each State plan shall— 
"(1) describe the procedures and the results of each of the 
assessments required by section 116(a), including the needs 
identified by such assessments; 
"(2) describe how uses of funds reflect the needs described in 
paragraph (1); 
"(3) provide assurances that, and where necessary a descrip-
tion of the manner in which, eligible recipients will comply with 
the requirements of titles I and II, including— 
"(A) a description of the manner in which the State will 
comply with the criteria required for programs for individ-
uals who are members of special populations and a descrip-
tion of the responsiveness of such programs to the special 
needs of such students; 
"(B) assurances that the State board will develop measur-
able goals and accountability measures for meeting the 
needs of individuals who are members of special popu-
lations; 
"(C) assurances that the State board will conduct ade-
quate monitoring of programs conducted by eligible recipi-
ents to ensure that programs within the State are meeting 
the goals described in subparagraph (B); and 
"(D) assurances that, to the extent consistent with the 
number and location of individuals who are members of 
special populations who are enrolled in private secondary 
schools, provision is made for the participation of such 
individuals in the vocational education programs assisted 
under section 231; 
"(4) describe the estimated distribution of funds to corrections 
educational agencies as prescribed by section 225, the estimated 
distribution of funds to local educational agencies, area voca-
tional education schools, or intermediate educational agencies 
as prescribed by section 231, and the planned estimated dis-
tribution of funds to eligible institutions as prescribed by sec-
tion 232; 
"(5) provide assurances that the State will comply with the 
provisions of section 102, including assurances that the State 
will distribute not less than 75 percent of the funds made 
available for title II to eligible recipients pursuant to such title; 
"(6) describe the criteria the State board will use— 
"(A) in approving applications of eligible recipients; and 
"(B) for spending the amounts reserved for the State 
under paragraphs (2) through (5) of section 102(a); 
"(7) describe how funds expended for occupationally specific 
training will be used for occupations in which job openings are 
projected or available, based on a labor market analysis; 
"(8) provide assurances that the State will develop and imple-
ment a system of standards for performance and measures of 
performance for vocational education programs at the State 
level that meets the requirements of section 115; 
39-194 O - 91 - 26 : QL 3 Part 1 
104 STAT. 768 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(9) describe, in each State plan submitted after the fiscal 
year 1991, the progress the State has made in achieving the 
goals described in previous State plans; 
"(10) provide such methods of administration as are necessary 
for the prompt and efficient administration of programs under 
this Act; 
"(11) provide assurances that, in the use of funds available for 
single parents, displaced homemakers, and single pregnant 
women under section 221, the State will emphasize assisting 
individuals with the greatest financial need, and that the State 
will give special consideration to displaced homemakers who 
because of divorce, separation, or the death or disability of a 
spouse must prepare for paid emplo5niient; 
"(12) provide assurances that the State will furnish relevant 
training and vocational education activities to men and women 
who desire to enter occupations that are not traditionally associ-
ated with their sex; 
"(13) describe how the State is implementing performance 
evaluations with eligible recipients as prescribed in section 117; 
"(14) describe the methods proposed for the joint planning and 
coordination of programs carried out under this Act with pro-
grams conducted under the Job Training Partnership Act, the 
Adult Education Act, chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965, the Education of the Handi-
capped Act, and the Rehabilitation Act of 1973, and with 
apprenticeship programs; 
"(15) provide assurances that programs of personnel develop-
ment and curriculum development shall be funded to further 
the goals identified in the State plan; 
"(16) provide assurances that the vocational education needs 
of identifiable segments of the population in the State that have 
the highest rates of unemployment have been thoroughly as-
sessed, and that such needs are reflected in and addressed by 
the State plan; 
"(17) provide assurances that the State board will cooperate 
with the State council in carrying out the Board's duties under 
this part; 
"(18) provide assurances that none of the funds expended 
under this Act will be used to acquire equipment (including 
computer software) in any instance in which such acquisition 
results in a direct financial benefit to any organization rep-
resenting the interests of the purchasing entity or its employees 
or any affiliate of such an organization; 
"(19) provide assurances that State and local funds will be 
used in the schools of each local educational agency that are 
receiving funds under this Act to provide services which, taken 
as a whole, are at least comparable to services being provided in 
schools in such agency which are not receiving such funds; 
"(20XA) provide assurances that the State will provide leader-
ship, supervision, and resources for comprehensive career guid-
ance, vocational counseling, and placement programs; 
"(B) as a component of the assurances described in subpara-
graph (A), annually assess and report on the degree to which 
expenditures aggregated within the State for career guidance 
and vocational counseling from allotments under title II are not 
less than such expenditures for such guidance and counseling 
within the State in the fiscal year 1988; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 769 
"(21) provide assurances that the State will provide for such 
fiscal control and fiind accounting procedures as may be nec-
essary to assure the proper disbursement of, and accounting for. 
Federal funds paid to the State (including such funds paid by 
the State to eligible recipients under this Act); 
"(22) provide procedures by which an area vocational edu-
cation school, intermediate educational agency, or local edu-
cational agency may appeal decisions adverse to its interests 
with respect to programs assisted under this Act; and 
"(23) describe how the State will comply with the provisions of 
section 118. 
"(c) AMENDMENTS TO STATE PLAN.—When changes in program 
conditions, labor market conditions, funding, or other factors re-
quire substantial amendment to an approved State plan, the State 
board, in consultation with the State council, shall submit amend-
ments to such State plan to the Secretary. Any such amendments 
shall be subject to review by the State job training coordinating 
council and the State council.". 
SEC. 114. STATE PLAN APPROVAL. 
Section 114 of the Act (20 U.S.C. 2324) is amended to read as 
follows: 
"SEC. 114. STATE PLAN APPROVAL. 
"(a) IN GENERAL.—The State board shall develop the portion of 
each State plan relating to the amount and uses of any funds 
proposed to be reserved for adult education, postsecondary edu-
cation, tech-prep education, and secondary education after consulta-
tion with the State agency responsible for supervision of community 
colleges, technical institutes, or other 2-year postsecondary institu-
tions primarily engaged in providing postsecondary vocational edu-
cation, and the State Eigency responsible for secondary education. 
The State board shall, in developing such plan, take into consider-
ation the relative training and retraining needs of secondary, adult, 
and postsecondary students, and shall include the State's rationale 
for distribution of funds. If a State agency finds that a portion of the 
final State plan is objectionable, such agency shall file such objec-
tions with the State board. The State board shall respond to any 
objections of such eigency in submitting such plan to the Secretary. 
The Secretary shall consider such comments in reviewing the State 
plan. 
"(b) TIME FOR SUBMISSION; APPROVAL.—Each State plan shall be 
submitted to the Secretary by May 1 preceding the beginning of the 
first fiscal year for which such plan is to be in effect. The Secretary 
shall approve each plan before the expiration of the 60-day period 
beginning on the date the plan is submitted, if the plan meets the 
requirements of section 113 and is of sufficient quality to meet the 
objectives of this Act (including the objective of developing and 
implementing program evaluations and improvements), and shall 
subsequently take appropriate actions to monitor the State's compli-
ance with the provisions of its plan and the requirements of this Act 
on a regular basis. The Secretary shall not finally disapprove a State 
plan except after giving reasonable notice and an opportunity for a 
hearing to the State board.". 
104 STAT. 770 
PUBLIC LAW 101-392—SEPT. 25, 1990 
SEC. 115. STATE AND LOCAL STANDARDS AND MEASURES. 
Section 115 of the Act (20 U.S.C. 2325) is amended to read as 
follows: 
"SEC. 115. STATE AND LOCAL STANDARDS AND MEASURES. 
"(a) GENERAL AUTHORITY.—Each State board receiving funds 
under this Act shall develop and implement a statewide system of 
core standards and measures of performance for secondary and 
postsecondary vocational education programs. Each State board 
receiving funds under this Act, before the expiration of the 30-day 
period beginning on the date of the enactment of the Carl D. Perkins 
Vocational and Applied Technology Education Act Amendments of 
1990, shall appoint the State Committee of Practitioners (in this 
section referred to as the 'Committee') as prescribed by section 
512(a) after consulting with local school officials representing eli-
gible recipients, and representatives of organized labor, business, 
superintendents, community-based organizations, private industry 
councils established under section 102(a) of the Job Training Part-
nership Act, State councils, parents, special populations, correc-
tional institutions, the administrator appointed under section 
111(b)(1), the State administrator of programs assisted under part B 
of the Education of the Handicapped Act, the State administrator of 
programs assisted under chapter 1 of title I of the Elementary and 
Secondary Education Act, the State administrator of programs for 
students of limited English proficiency, and guidance counselors. 
Such system shall be developed and implemented before the end of 
the 2-year period beginning on the date of the enactment of the Carl 
D. Perkins Vocational and Applied Technology Education Act 
Amendments of 1990 and shall apply to all programs assisted under 
this Act. Eligible recipients may make local modifications to such 
system based on economic, geographic, or demographic factors, or 
the characteristics of the population to be served. Such modifica-
tions shall conform to the assessment criteria contained in the State 
plan. The State board shall convene the Committee on a regular 
bsisis to review, comment on, and propose revisions to a draft State 
proposal, which the State board shall develop, for a system of core 
standards and measures of performance for vocational programs. 
"(b) REQUIREMENTS.—Each system developed under subsection (a) 
shall include— 
"(1) measures of learning and competency gains, including 
student progress in the achievement of basic and more ad-
vanced academic skills; 
"(2) 1 or more measures of performance, which shall include 
only— 
"(A) competency attainment; 
"(B) job or work skill attainment or enhancement includ-
ing student progress in achieving occupational skills nec-
essary to obtain emplojonent in the field for which the 
student has been prepared, including occupational skills in 
the industry the student is preparing to enter; 
"(C) retention in school or completion of secondary school 
or its equivalent; and 
"(D) placement into additional training or education, 
military service, or emplojmient; 
"(3) incentives or adjustments that are— 
"(A) designed to encourage service to targeted groups or 
special populations; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 771 
"(B) for each student, consistent with the student's 
individualized education program developed under section 
614(aX5) of the Education of the Handicapped Act, where 
appropriate; and 
"(4) procedures for using existing resources and methods 
developed in other programs receiving Federal assistance. 
"(c) CONSISTENCY WITH OTHER PROGRAMS.—In developing the 
standards and measures included in a system developed under 
subsection (a), the State board shall take into consideration— 
"(1) standards and measures developed under job opportuni-
ties and basic skills training programs established and operated 
under a plan approved by the Secretary of Health and Human 
Services that meets the requirements of section 402(aX19) of the 
Social Security Act; and 
"(2) standards prescribed by the Secretary of Labor under 
section 106 of the Job Training Partnership Act. 
"(d) INFORMATION PROVIDED BY STATE BOARD.—(1) The Committee 
shall make recommendations to the State board with respect to 
modifying standards and measures to be used under this section, 
based on the information provided under paragraph (2). 
"(2) To assist the Committee in formulating recommendations 
under paragraph (1), the State board shall provide to the Committee 
information concerning differing types of standards £ind measure-
ment, including— 
"(A) the advantages and disadvantages of each type of stand-
ard or measurement; 
"(B) instances in which such standards and measures have 
been effective; and 
"(C) instances in which such standards and measures have 
not been effective. 
"(3) In the event that the State board does not accept the Commit-
tee's recommendations made as required by paragraph (1), the State 
board shall set forth in the State plan its reasons for not accepting 
such recommendations. 
"(e) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to the States with respect to the development of 
systems under subsection (a). In providing such assistance, the 
Secretary shall utilize existing resources in other Federal agencies. 
"(f) REPORT.—The Secretary shall submit a report to the appro-
priate committees of the Congress not later than the expiration of 
the 4-year period beginning on the date of the enactment of the Carl 
D. Perkins Vocational and Applied Technology Education Act 
Amendments of 1990. Such report shall include— 
"(1) a detailed description of the status of each State's system 
of standards and measures developed as required by this 
section; 
"(2) an assessment of the validity, predictiveness, and reliabil-
ity of such standards and measures, unbiased to special popu-
lations, in the areas of academic achievement, vocational skill 
competencies, 
emplo3anent 
outcomes, 
and 
postsecondary 
continuation and attainment; and 
"(3) an evaluation of the comparability of State-developed 
performance standards across States to establish a core of 
common indicators.". 
104 STAT. 772 
PUBLIC LAW 101-392—SEPT. 25, 1990 
20 use 2326. 
Disadvantaged 
persons. 
Handicapped 
persons. 
Children and 
youth. 
Prisoners. 
20 u s e 2327. 
SEC. 116. STATE ASSESSMENT AND EVALUATION. 
Part B of title I of the Act (20 U.S.C. 2321 et seq.) is amended by 
adding at the end the following: 
"SEC. 116. STATE ASSESSMENT. 
"(a) IN GENERAL.—Each State board receiving assistance under 
this Act shall conduct an assessment using measurable objective 
criteria developed by the State board to assess program quality. 
Such criteria shall be developed in consultation with representatives 
of the groups described in section 115(a) and shall use information 
gathered by the National Occupational Information Coordinating 
Committee and, if appropriate, other information. Each State board 
shall widely disseminate such criteria. State boards shall develop 
such criteria no later than the beginning of the 1991-1992 school 
year. Such criteria shall include such factors as— 
"(1) integration of academic and vocational education; 
"(2) sequential course of study leading to both academic and 
occupational competencies; 
"(3) increased student work skill attainment and job place-
ment; 
"(4) increased linkages between secondary and postsecondary 
educational institutions; 
"(5) instruction and experience, to the extent practicable, in 
all aspects of the industry the students are preparing to enter; 
"(6) the ability of the eligible recipients to meet the needs of 
special populations with respect to vocational education; 
"(7) raising the quality of vocational education programs in 
schools with high concentrations of poor and low-achieving 
students; 
"(8) the relevance of programs to the workplace and to the 
occupations for which students are to be trained, and the extent 
to which such programs reflect a realistic assessment of current 
and future labor market needs, including needs in areas of 
emerging technologies; 
"(9) the ability of the vocational curriculum, equipment, and 
instructional materials to meet the demands of the workforce; 
"(10) basic and higher order current and future workplace 
competencies which will reflect the hiring needs of employers; 
and 
"(11) other factors considered appropriate by the State board. 
"(b) DEADUNE FOR ASSESSMENT.—Each State board shall complete 
the assessment required by subsection (a) before the expiration of 
the 6-month period beginning on the date of the enactment of the 
Carl D. Perkins Vocational and Applied Technology Education Act 
Amendments of 1990. 
"SEC. 
1
1
7
. 
PROGRAM 
EVALUATION 
AND 
IMPROVEMENT. 
"(a) ANNUAL EVALUATION.—Each recipient of financial assistance 
under part C of title II shall annually evaluate the effectiveness of 
the program conducted with assistance under this Act based on the 
standards and measures (or modifications thereto) developed as 
required by section 115. As part of each such evaluation, each such 
recipient shall— 
"(1) review programs, with the full and informed participa-
tion of representatives of individuals who are members of spe-
cial populations, to— 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 773 
"(A) identify and adopt strategies to overcome any bar-
riers which are resulting in lower rates of access to voca-
tional education programs or success in such programs for 
individuals who are members of special populations; and 
"(B) evaluate the progress of individuals who are mem-
bers of special populations in vocational education pro-
grams assisted under this Act; and 
"(2) evaluate the progress of vocational education programs 
assisted under this Act in providing vocational education stu-
dents with strong experience in and understanding of all as-
pects of the industry the students are preparing to enter. 
"(b) LOCAL PROGRAM IMPROVEMENT PLAN.—Beginning not less 
than 1 year after the implementation of the provisions of section 
115, if any recipient described in subsection (a) determines that the 
recipient is not making substantial progress in meeting the stand-
ards and measures developed as required by section 115, such 
recipient shall develop a plan, in consultation with teachers, par-
ents, and students concerned, for program improvement for the 
succeeding school year. Such plan shall describe how the recipient 
will identify and modify programs funded under part C of title II, 
including— 
"(1) a description of vocational education and career develop-
ment strategies designed to achieve progress in improving the 
effectiveness of the program conducted with assistance under 
this Act; and 
"(2) if necessary, a description of strategies designed to im-
prove supplementary services provided to individuals who are 
members of special populations. 
"(c) STATE AND LOCAL JOINT PLAN.—If, after 1 year of implementa-
tion of the plan described in subsection (b), sufficient progress in 
meeting the standards and measures developed as required by 
section 115 has not been made, the State shall work jointly with the 
recipient and teachers, parents, and students concerned to develop a 
plan for program improvement. Each such plan shall contain— 
"(1) a description of the technical assistance and program 
activities the State will provide to enhance the performance of 
the eligible recipient; 
"(2) a reasonable timetable to improve the school performance 
under the plan; 
"(8) a description of vocational education strategies designed 
to improve the performance of the program as measured by the 
evaluation; and 
"(4) if necessary, a description of strategies designed to im-
prove supplementary services provided to individuals who are 
members of special populations. 
"(d) FURTHER ACTION.—The State shall, in conjunction with the 
eligible recipient, annually review and revise the joint plan devel-
oped under subsection (c) in order to improve performance and will 
continue to do so each consecutive year until the recipient sustains, 
for more than 1 year, fulfillment of the State and local standards 
and measures developed under section 115. 
"SEC. 118. CRITERIA FOR SERVICES AND ACTIVITIES FOR INDIVIDUALS 
WHO ARE MEMBERS OF SPECIAL POPULATIONS. 
"(a) ASSURANCES OF EQUAL ACCESS FOR MEMBERS OF SPECIAL POPU-
LATIONS.—The State board, in its State plan, shall provide assur-
ances that— 
Disadvantaged 
persons. 
Hfindicapped 
persons. 
Children and 
youth. 
Prisoners. 
20 u s e 2328. 
104 STAT. 774 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(1) individuals who are members of special populations will 
' 
be provided with equal access to recruitment, enrollment, and 
placement activities; 
Discrimination, 
"(2) individuals who are members of special populations will 
prohibition. 
\yQ provided with equal access to the full range of vocational 
education programs available to individuals who are not mem-
bers of special populations, including occupationally specific 
courses of study, cooperative education, apprenticeship pro-
grams, and, to the extent practicable, comprehensive career 
guidance and counseling services, and shall not be discrimi-
nated against on the basis of their status as members of special 
populations; 
"(3)(A) vocational education programs and activities for 
individuals with handicaps will be provided in the least restric-
tive environment in accordance with section 612(5XB) of the 
Education of the Handicapped Act and will, whenever appro-
priate, be included as a component of the individualized edu-
cation program developed under section 614(a)(5) of such Act; 
"(B) students with handicaps who have individualized edu-
cation programs developed under section 614(a)(5) of the Edu-
cation of the Handicapped Act shall, with respect to vocational 
education programs, be afforded the rights and protections 
guaranteed such students under sections 612, 614, and 615 of 
such Act; 
"(C) students with handicaps who do not have individualized 
education programs developed under section 614(a)(5) of the 
Education of the Handicapped Act or who are not eligible to 
have such a program shall, with respect to vocational education 
programs, be afforded the rights and protections guaranteed 
such students under section 504 of the Rehabilitation Act of 
1973 and, for the purpose of this Act, such rights and protec-
tions shall include making vocational education programs read-
ily accessible to eligible individuals with disabilities through the 
provision of services described in subsection (cX3); 
"(D) vocational education planning for individuals with handi-
caps will be coordinated between appropriate representatives of 
vocational education, special education, and State vocational 
rehabilitation agencies; and 
"(E) the provision of vocational education to each student 
with handicaps will be monitored to determine if such education 
is consistent with the individualized education program devel-
oped for such student under section 614(a)(5) of the Education of 
the Handicapped Act, in any case in which such a program 
exists; 
"(4) the provision of vocational education will be monitored to 
ensure that disadvantaged students and students of limited 
English proficiency have access to such education in the most 
integrated setting possible; and 
"(5)(A) the requirements of this Act relating to individuals 
who are members of special populations— 
"(i) will be carried out under the general supervision of 
individuals in the appropriate State educational agency or 
State board who are responsible for students who are mem-
bers of special populations; and 
"(ii) will meet education standards of the State edu-
cational agency or State board; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 775 
"(B) with respect to students with handicaps, the supervision 
carried out under subparagraph (A) shall be carried out consist-
ent with and in conjunction with supervision by the State 
educational agency or State board carried out under section 
612(6) of the Education of the Handicapped Act. 
"(b) PROVISION OF INFORMATION.—(1) Each local educational 
agency shall provide to students who are members of special popu-
lations and parents of such students at least 1 year before the 
students enter or are of an appropriate age for the grade level in 
which vocational education programs are first generally available in 
the State, but in no event later than the beginning of the ninth 
grade, information concerning— 
"(A) the opportunities available in vocational education; 
"(B) the requirements for eligibility for enrollment in such 
vocational education programs; 
"(C) specific courses that are available; 
"(D) special services that are available; 
"(E) employment opportunities; and 
"(F) placement. 
"(2) Each eligible institution that receives assistance under title II 
shall provide the information described in paragraph (1) to each 
individual who requests information concerning or seeks admission 
to vocational education programs offered by the institution, and, 
when appropriate, assist in the preparation of applications relating 
to such admission. 
"(3) The information provided under this subsection shall, to the 
extent practicable, be in a language and form that the parents and 
students understand. 
"(c) ASSURANCES.—Each eligible recipient that receives assistance 
under title II shall provide assurances that such eligible recipient 
shall— 
"(1) assist students who are members of special populations to 
enter vocational education programs, and, with respect to stu-
dents with handicaps, assist in fulfilling the transitional service 
requirements of section 626 of the Education of the Handi-
capped Act; 
"(2) assess the special needs of students participating in pro-
grams receiving assistance under title II with respect to their 
successful completion of the vocational education program in 
the most integrated setting possible; 
"(3) provide supplementary services to students who are mem-
bers of special populations, including, with respect to individ-
uals with handicaps— 
"(A) curriculum modification; 
"(B) equipment modification; 
"(C) classroom modification; 
"(D) supportive personnel; and 
"(E) instructional aids and devices; 
"(4) provide guidance, counseling, and career development 
activities conducted by professionally trained counselors and 
teachers who are associated with the provision of such special 
services; and 
"(5) provide counseling and instructional services designed to 
facilitate the transition from school to post-school employment 
and career opportunities. 
"(d) PARTICIPATORY PLANNING.—The State board shall— 
104 STAT. 776 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(1) establish effective procedures, including an expedited 
appeals procedure, by which parents, students, teachers, and 
area residents concerned will be able to directly participate in 
State and local decisions that influence the character of pro-
grams under this Act affecting their interests; and 
"(2) provide technical assistance and design such procedures 
to ensure that such individuals are given access to the informa-
tion needed to use such procedures.". 
TITLE II—BASIC STATE GRANTS 
SEC. 201. BASIC STATE GRANTS. 
Title II of the Act is amended to read as follows: 
"TITLE II—BASIC STATE GRANTS FOR 
VOCATIONAL EDUCATION 
"PART A—STATE PROGRAMS 
20 use 2331. 
"SEC. 201. STATE PROGRAMS AND STATE LEADERSHIP. 
"(a) GENERAL AUTHORITY.—From amounts reserved under section 
102(aX3), each State shall conduct State programs and State leader-
ship activities. 
"(b) REQUIRED USES OF FUNDS.—The programs and activities 
described in subsection (a) shall include— 
"(1) professional development activities for vocational teach-
ers and academic teachers working with vocational education 
students, including corrections educators and counselors, and 
educators and counselors in community-based organizations, 
including inservice and preservice training of teachers in state-
of-the-art programs and techniques, including integration of 
vocational and academic curricula, with particular emphasis on 
inservice and preservice training of minority teachers; 
"(2) development, dissemination, and field testing of curric-
ula, especially— 
"(A) curricula that integrate vocational and academic 
methodologies; and 
"(B) curricula that provide a coherent sequence of courses 
through which academic and occupational skills may be 
measured; and 
"(3) assessment of programs conducted with assistance under 
this Act, including the development of— 
"(A) performguice standards and measures for such pro-
grams; and 
"(B) program improvement and accountability with 
respect to such programs. 
"(c) 
AUTHORIZED 
ACTIVITIES,—The programs 
and 
activities 
described in subsection (a) may include— 
"(1) the promotion of partnerships among business, education 
(including educational agencies), industry, labor, community-
based organizations, or governmental agencies; 
"(2) the support for tech-prep education as described in sec-
tion 344; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 777 
"(3) the support of vocational student organizations, especially 
with respect to efforts to increase minority participation in such 
organizations; 
"(4) leadership and instructional programs in technology edu-
cation; and 
"(5) data collection. 
"PART B—OTHER STATE-ADMINISTERED 
PROGRAMS 
"Subpart 1—Programs to Provide Single Parents, Dis-
placed Homemakers, and Single Pregnant Women 
With Marketable Skills and to Promote the Elimina-
tion of Sex Bias 
"SEC. 221. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, 
20 USC 2335. 
AND SINGLE PREGNANT WOMEN. 
"(a) GENERAL AUTHORITY.—Each State shall use the amount re-
served under section 102(aX2)(A) only to— 
"(1) provide, subsidize, reimburse, or pay for preparatory 
services, including instruction in basic academic and occupa-
tional skills, necessary educational materials, and career guid-
ance and counseling services, in preparation for vocational 
education and training that will furnish single parents, dis-
placed 
homemakers, 
and 
single 
pregnant 
women 
with 
marketable skills; 
"(2) make grants to eligible recipients for expanding pre-
paratory services and vocational education services when the 
expansion directly increases the eligible recipients' capacity for 
providing single parents, displaced homemakers, and single 
pregnant women with marketable skills; 
"(3) make grants to community-based organizations for the 
provision of preparatory and vocational education services to 
single parents, displaced homemakers, and single pregnant 
women if the State determines that the community-based 
organization has demonstrated effectiveness in providing com-
parable or related services to single parents, displaced home-
makers, and single pregnant women, taking into account the 
demonstrated performance of such an organization in terms of 
cost, the quality of training, and the characteristics of the 
participants; 
"(4) make preparatory services and vocational education and 
training more accessible to single parents, displaced home-
makers, and single pregnant women by assisting such individ-
uals with dependent care, transportation services, or special 
services and supplies, books, and materials, or by organizing 
and scheduling the programs so that such programs are more 
accessible; or 
"(5) provide information to single parents, displaced home-
makers, and single pregnant women to inform such individuals 
of vocational education programs, related support services, and 
career counseling. 
"(b) SETTINGS.—The progrsmis and services described in subsection 
(a) may be provided in postsecondary or secondary school settings. 
104 STAT. 778 
PUBLIC LAW 101-392—SEPT. 25, 1990 
including area vocational education schools, that serve single par-
ents, displaced homemakers, and single pregnant women. 
20 use 2335a. 
"SEC. 222. SEX EQUITY PROGRAMS. 
"(a) GENERAL AUTHORITY.—Except as provided in subsection (b), 
each State shall use the amount reserved under section 102(a)(2)(B) 
only for— 
"(1) programs, services, comprehensive career guidance and 
counseling, and activities to eliminate sex bias and stereotyping 
in secondary and postsecondary vocational education; 
"(2) preparatory services and vocational education programs, 
services, and activities for girls and women, aged 14 through 25, 
designed to enable the participants to support themselves and 
their families; and 
"(3) support services for individuals participating in voca-
tional education programs, services, and activities described in 
paragraphs (1) and (2), including dependent-care services and 
transportation. 
"(b) WAIVER OF AGE LIMIT.—The administrator appointed under 
section 111(b)(1) may waive the requirement with respect to age 
limitations contained in subsection (aX2) whenever the adminis-
trator determines that the waiver is essential to meet the objectives 
of this section. 
20 use 2335b. 
"SEC. 223. COMPETITIVE AWARD OF 
AMOUNTS; EVALUATION 
OF 
PROGRAMS. 
"The administrator appointed under section 111(b)(1)— 
"(1) shall, on a competitive basis, allocate and distribute to 
eligible recipients or community-based 
organizations 
the 
amounts reserved under section 102(a)(2) for carrying out this 
subpart, ensuring that each grant made under this subpart is 
for a program that is of sufficient size, scope, and quality to be 
effective; and 
"(2) shall develop procedures for the collection from eligible 
recipients, including community-based organizations, that re-
ceive funds under this subpart of data appropriate to the 
individuals served in order to permit evaluation of the effective-
ness of such programs as required by section lll(bXlXL). 
"Subpart 2—Corrections Education 
20 use 2336. 
"SEC. 225. PROGRAMS FOR CRIMINAL OFFENDERS. 
"(a) DESIGNATION OF STATE CORRECTIONS EDUCATIONAL AGENCY.— 
(1) Each State board shall designate 1 or more State corrections 
agencies as State corrections educational agencies to administer 
vocational education programs assisted under this Act for juvenile 
and adult criminal offenders in correctional institutions in the 
State, including correctional institutions operated by local authori-
ties. 
"(2) Any corrections agency that desires to be designated under 
paragraph (1) shall submit to the State board a plan for the use of 
funds provided to such corrections agency from the amounts re-
served by the State under section 102(aX5). 
"(b) DUTIES OF STATE CORRECTIONS EDUCATIONAL AGENCY.—In 
administering programs receiving funds under this section, each 
State corrections educational agency designated under subsection (a) 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 779 
shall, in carrying out a vocational education program for criminal 
offenders— 
"(1) give special consideration to— 
"(A) providing services to offenders who are completing 
their sentences and preparing for release; and 
"(B) providing grants for the establishment of vocational 
education programs in correctional institutions that do not 
have such programs; 
"(2) provide vocational education programs for women who 
are incarcerated; 
"(3) improve equipment; and 
"(4) in cooperation with eligible recipients, administer and 
coordinate vocational education services to offenders before and 
after their release. 
"PART C—SECONDARY, POSTSECONDARY, AND 
ADULT VOCATIONAL EDUCATION PROGRAMS 
"Subpart 1—Within-State Allocation 
"SEC. 231. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS. 
20 USC 2341. 
"(a) GENERAL RULE.—Except as otherwise provided in this section 
and section 233, each State shall distribute funds available in any 
fiscal year for secondary school vocational education programs to 
local educational agencies within the State as follows: 
"(1) From 70 percent of such funds, each local educational 
agency shall be allocated an amount that bears the same rela-
tionship to such 70 percent as the amount such local edu-
cational agency was allocated under section 1005 of the Ele-
mentary and Secondary Education Act of 1965 in the preceding 
fiscal year bears to the total amount received under such sec-
tion by local educational agencies in the State in such year. 
"(2) From 20 percent of such funds, each local educational 
agency shall be allocated an amount that bears the same rela-
tionship to such 20 percent as the number of students with 
handicaps who have individualized education programs under 
section 614(aX5) of the Education of the Handicapped Act served 
by such local educational agency in the preceding fiscal year 
bears to the total number of such students served by local 
educational agencies in the State in such year. 
"(3) From 10 percent of such funds, each local educational 
agency shall be allocated an amount that bears the same rela-
tionship to such 10 percent as the number of students enrolled 
in schools and adults enrolled in training programs under the 
jurisdiction of such local educational agency in the preceding 
fiscal year bears to the number of students enrolled in schools 
and adults enrolled in training programs under the jurisdiction 
of all local educational agencies in the State in such year. 
"Ot)) MINIMUM GRANT AMOUNT.—(1) Except as provided in para-
graph (2), no local educational agency shall be eligible for a grant 
under this part unless the amount allocated to such agency under 
subsection (a) is not less than $15,000. A local educational agency 
may enter into a consortium with other local educational agencies 
for purposes of meeting the minimum grant requirement of this 
paragraph. 
104 STAT. 780 
PUBLIC LAW 101-392—SEPT. 25, 1990 
Ck)ntracts. 
Handicapped 
persons. 
Disadvantaged 
persons. 
"(2) The State may waive the application of paragraph (1) in giny 
case in which the local educational agency— 
"(A) is located in a rural, sparsely-populated area; sind 
"(B) demonstrates that the agency is unable to enter into a 
consortium for purposes of providing services under this part. 
"(3) Any amounts which are not allocated by reason of paragraph 
(1) or paragraph (2) shall be redistributed to local educational 
agencies that meet the requirements of paragraph (1) or paragraph 
(2) in accordance with the provisions of this section. 
"(c) LIMITED JURISDICTION AGENCIES,—(1) In applying the provi-
sions of subsection (a), no State board receiving assistance under this 
Act shall allocate funds to a local educational agency that serves 
only elementary schools, but shall distribute such funds to the local 
or regional educational agency which provides secondary school 
services to secondary school students in the same attendance area. 
"(2) The amount to be allocated under paragraph (1) to a local 
educational agency that has jurisdiction only over secondary schools 
shall be determined based on the number of students that entered 
such secondary schools in the previous year from the elementary 
schools involved. 
"(d) ALX-OCATIONS TO AREA VOCATIONAL EDUCATION SCHOOLS AND 
INTERMEDIATE EDUCATIONAL AGENCIES.—(1) The State shall distrib-
ute funds available for secondary school vocational education 
programs to the appropriate area vocational education school or 
intermediate educational agency in any case in which— 
"(A) the area vocational education school or intermediate 
educational 
agency 
and 
the 
local 
educational 
agency 
concerned— 
"(i) have formed or will form a consortium for the pur-
pose of receiving funds under this section; or 
"(ii) have entered into or will enter into a cooperative 
arrangement for such purpose; and 
"(B)(i) the area vocational education school or intermediate 
educational agency serves an approximately equal or greater 
proportion of students with handicaps and students who are 
economically disadvantaged than the proportion of such stu-
dents attending the secondary schools under the jurisdiction of 
all of the local educational agencies sending students to the area 
vocational education school or the intermediate educational 
agency; or 
"(ii) the area vocational education school, intermediate edu-
cational agency, or local educational agency demonstrates that 
it is unable to meet the criterion described in clause (i) due to 
the lack of interest by students described in clause (i) in attend-
ing vocational education programs in that area school or 
intermediate educational agency. 
"(2) If an area vocational education school or intermediate edu-
cational Eigency meets the requirements of paragraph (1), then— 
"(A) the amount that would otherwise be distributed to the 
local educational agency shall be allocated to the area voca-
tional education school, the intermediate educational agency, 
and the local educational agency based on each school's or 
entity's relative share of students described in paragraph 
(IXBXi) who are attending vocational education programs that 
meet the requirements of section 235 (based, if practicable, on 
the average enrollment for the prior 3 years); or 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 781 
"(B) such amount may be allocated on the basis of an agree-
ment between the local educational agency and the area voca-
tional education school or intermediate educational agency. 
"(3XA) For the purposes of this subsection, the State may deter-
mine the number of economically disadvantaged students attending 
vocational education programs on the basis of eligibility for any of 
the following: 
"(i) Free or reduced-price meals under the National School 
Lunch Act. 
"(ii) The program for aid to dependent children under part A 
of title IV of the Social Security Act. 
"(iii) Benefits under the Food Stamp Act of 1977. 
"(iv) Services under chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965. 
"(v) Other indices of economic status including estimates of 
such indices, if the State demonstrates to the satisfaction of the 
Secretary that such indices are more representative of such 
number. 
"(B) If a State elects to use more than 1 factor described in 
subparagraph (A) for purposes of making the determination de-
scribed in such subparagraph, the State shall ensure that the data 
used is not duplicative. 
"(4) The State board shall establish an appeals procedure for 
resolution of any dispute arising between a local educational agency 
and an area vocational education school or an intermediate edu-
cational agency with respect to the allocation procedures described 
in this section, including the decision of a local educational agency 
to leave a consortium, 
"(5) Notwithstanding the provisions of paragraphs (1), (2), (3), and 
(4) any local educational agency receiving an allocation which is not 
sufficient to conduct a program which meets the requirements of 
section 235(c) is encouraged to— 
"(A) form a consortium or enter into a cooperative agreement 
with an area vocational education school or intermediate edu-
cational agency offering programs that meet the requirements 
of section 235(c) and that are accessible to economically dis-
advantaged students and students with handicaps served by 
such local educational agency; and 
"(B) transfer such allocation to the area vocational education 
school or intermediate educational agency. 
"SEC. 232. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT 
PROGRAMS. 
"(a) GENERAL RULE.—Except as provided in subsection (b) and 
section 233, each State shall distribute funds available in any fiscal 
year for postsecondary and adult vocational education programs to 
eligible institutions within the State. Each such eligible institution 
shall receive an amount that bears the same relationship to the 
amount of funds available under such section as the number of Pell 
Grant recipients gmd recipients of assistance from the Bureau of 
Indian Affairs enrolled in programs meeting the requirements of 
section 235 offered by such institution in the preceding fiscal year 
bears to the number of such recipients enrolled in such programs 
within the State in such year. 
"(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Secretary 
may waive the application of subsection (a) in the case of any State 
Disadvantaged 
persons. 
Handicapped 
persons. 
20 u s e 2341a. 
104 STAT. 782 
PUBLIC LAW 101-392—SEPT. 25, 1990 
20 use 2341b. 
Disadvantaged 
persons. 
that submits to the Secretary an application for such a waiver 
that— 
"(1) demonstrates that the formula described in subsection (a) 
does not result in a distribution of funds to the institutions 
within the State that have the highest numbers of economically 
disadvantaged individuals and that an alternative formula 
would result in such a distribution; and 
"(2) includes a proposal for an alternative formula that may 
include criteria relating to the number of individuals attending 
institutions within the State who— 
"(A) receive need-based postsecondary financial aid pro-
vided from public funds; 
"(B) are members of families participating in the pro-
gram for aid to families with dependent children under part 
A of title IV of the Social Security Act; 
"(C) are enrolled in postsecondary educational institu-
tions that— 
"(i) are funded by the State; 
"(ii) do not charge tuition; and 
"(iii) serve only economically disadvantaged students; 
"(D) are enrolled in programs serving economically dis-
advantaged adults; 
"(E) are participants in programs assisted under the Job 
Training Partnership Act; or 
"(F) are recipients of Pell Grants. 
"(c) MINIMUM GRANT AMOUNT.—(1) No grant provided to any 
institution under this section shall be for an amount that is less 
than $50,000. 
"(2) Any amounts which are not allocated by reason of paragraph 
(1) shall be redistributed to eligible institutions in accordance with 
the provisions of this section. 
"(d) DEFINITION.—For the purposes of this section— 
"(1) the term 'eligible institution' means an institution of 
higher education, a local educational agency serving adults, or 
an area vocational education school serving adults that offers or 
will offer a program that meets the requirements of section 235 
and seeks to receive assistance under this part; 
"(2) the term 'institution of higher education' has the mean-
ing given that term in section 435(b) of the Higher Education 
Act of 1965; and 
"(3) the term Tell Grant recipient' means a recipient of 
financial aid under subpart 1 of part A of title IV of the Higher 
Education Act of 1965. 
"SEC. 233. SPECIAL RULE FOR MINIMAL ALLOCATION. 
"(a) GENERAL AUTHORITY.—In any fiscal year in which a minimal 
amount is made available by a State for distribution under section 
231 or section 232 such State may, notwithstanding the provisions of 
section 231 or section 232, as appropriate, in order to result in a 
more equitable distribution of funds for programs serving the high-
est numbers of economically disadvantaged individuals, distribute 
such minimal amount— 
"(1) on a competitive basis; or 
"(2) through any alternative method determined by the State. 
"(b) MINIMAL AMOUNT.—For purposes of this section, the term 
'minimal amount' means not more than 15 percent of the total 
amount made available for distribution under this part. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 783 
"SEC. 234. REALLOCATION. 
"(a) IN GENERAL.—In any academic year that a local educational 
agency or eligible institution does not expend all of the amounts it is 
allocated for such year under section 231 or section 232, such local 
educational agency or eligible institution shall return any unex-
pended amounts to the State to be reallocated under section 231 or 
section 232, as appropriate. 
"Ob) REALLOCATION OF AMOUNTS RETURNED LATE IN AN ACADEMIC 
YEAR.—In any academic year in which amounts are returned to the 
State under sections 231 or 232 and the State is unable to reallocate 
such amounts according to such sections in time for such amounts to 
be expended in such academic year, the State shall retain such 
amounts to be distributed in combination with amounts provided 
under this title for the following academic year. 
"Subpart 2--Uses of Funds 
20 u s e 2341c. 
"SEC. 235. USES OF FUNDS. 
"(a) GENERAL AUTHORITY.—Each eligible recipient that receives a 
grant under this part shall use funds provided under such grant to 
improve vocational education programs, with the full participation 
of individuals who are members of special populations, at a limited 
number of sites or with respect to a limited number of program 
areas. 
"(b) PRIORITY.—Each eligible recipient that receives a grant under 
this part shall give priority for assistance under this part to sites or 
programs that serve the highest concentrations of individuals who 
are members of special populations. 
"(c) REQUIREMENTS FOR USES OF FUNDS.—(1) Funds made available 
under a grant under this part shall be used to provide vocational 
education in programs that— 
"(A) are of such size, scope, and quality as to be effective; 
"(B) integrate academic and vocational education in such 
programs through coherent sequences of courses so that stu-
dents achieve both academic and occupational competencies; 
and 
"(C) provide equitable participation in such programs for the 
special populations consistent with the assurances and require-
ments in section 118. 
"(2) In carrying out the provisions of paragraph (1), grant funds 
may be used for activities such as— 
"(A) upgrading of curriculum; 
"(B) purchase of equipment, including instructional aids; 
"(C) inservice training of both vocational instructors and 
academic instructors working with vocational education stu-
dents for integrating academic and vocational education; 
"(D) guidance and counseling; 
"(E) remedial courses; 
"(F) adaptation of equipment; 
"(G) tech-prep education programs; 
"(H) supplementary services designed to meet the needs of 
special populations; 
"(I) a special populations coordinator paid in whole or in part 
from such funds who shall be a qualified counselor or teacher to 
ensure that individuals who are members of special populations 
are receiving adequate services and job skill training; 
Disadvantaged 
persons. 
Handicapped 
persons. 
Children and 
youth. 
Prisoners. 
20 u s e 2342. 
104 STAT. 784 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(J) apprenticeship programs; 
"(K) programs that are strongly tied to economic development 
efforts in the State; 
"(L) programs which train adults and students for all aspects 
of the occupation, in which job openings are projected or avail-
able; 
"(M) comprehensive mentor programs in institutions of 
higher education offering comprehensive programs in teacher 
preparation, which seek to fully use the skills and work experi-
ence of individuals currently or formerly employed in business 
and industry who are interested in becoming classroom instruc-
tors and to meet the need of vocational educators who wish to 
upgrade their teaching competencies; 
"(N) provision of education sind training through arrange-
ments with private vocationsd training institutions, private 
postsecondary 
educational 
institutions, 
employers, 
labor 
organizations, and joint labor-management apprenticeship pro-
grams whenever such institutions, employers, labor organiza-
tions, or programs can make a significant contribution to 
obtaining the objectives of the State plan and can provide 
substantially equivalent training at a lesser cost, or can provide 
equipment or services not available in public institutions. 
"(3) Equipment purchases pursuant to sections 231 and 232, when 
not being used to carry out the provisions of this Act, may be used 
for other instructional purposes if— 
"(A) the acquisition of the equipment was reasonable and 
necessary for the purpose of conducting a properly designed 
project or activity under this title; 
"(B) is used after regular school hours or on weekends; and 
"(C) such other use is— 
"(i) incidental to the use of that equipment under this 
title; 
"(ii) does not interfere with the use of that equipment 
under this title; and 
"(iii) does not add to the cost of using that equipment 
under this title. 
"(4) Each eligible recipient receiving funds under this part shall 
use no more than 5 percent of such funds for administrative costs. 
'^Subpart 3—Local Application 
Disadvantaged 
"SEC. 240. LOCAL APPLICATION. 
Handicapped 
"Any eligible recipient desiring financial assistance under this 
persons. 
part shall, according to requirements established by the State board, 
Children and 
submit to the State board an application, covering the same period 
yoy**^- 
as the State plan, for the use of such assistance. The State board 
o^o/^^i>iQ 
shall determine requirements for local applications, except that 
each such application shall— 
"(1) contain a description of the vocational education pro-
gr£uns to be funded, including— 
"(A) the extent to which the program incorporates each of 
the elements described in section 235; 
"(B) how the eligible recipient will use the funds avgiil-
able under this part and from other resources to improve 
the program with regard to each use of funds described in 
section 235; 
20 use '2343. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(2) contain a report on the number of individuals in each of 
the special populations; 
"(3) contain a description of how the needs of individuals who 
are members of special populations will be assessed and a 
description of the planned use of funds to meet such needs; 
"(4) describe how access to programs of good quality will be 
provided to students who are economically disadvantaged 
(including foster children), students with handicaps, and stu-
dents of limited English proficiency through affirmative out-
reach and recruitment efforts; 
"(5) provide assurances that the programs funded under this 
part shall be carried out according to the criteria for programs 
for each special population; 
"(6) describe the program evaluation standards the applicant 
will use to measure its progress; 
"(7) describe methods to be used to coordinate vocational 
education services with relevant programs conducted under the 
Job Training Partnership Act, including cooperative arrange-
ments established with private industry councils established 
under section 102(a) of such Act, in order to avoid duplication 
and to expand the range of and accessibility to vocational 
education services; 
"(8) describe methods used to develop vocational educational 
programs in consultation with parents and students of special 
populations; 
"(9) provide a description of coordination with community-
based organizations; 
"(10) consider the demonstrated occupational needs of the 
area in assisting programs funded by this Act; 
"(11) provide a description of how the eligible recipient will 
provide a vocational education program that— 
"(A) integrates academic and occupational disciplines so 
that students participating in the program are able to 
achieve both academic and occupational competence; and 
"(B) offers coherent sequences of courses leading to a job 
skill; 
"(12) provide assurances that the eligible recipient will pro-
vide a vocational education program that— 
"(A) encourages students through counseling to pursue 
such coherent sequences of courses; 
"(B) assists students who are economically disadvantaged, 
students of limited English proficiency, and students with 
handicaps to succeed through supportive services such as 
counseling, English-language instruction, child care, and 
special aids; 
"(C) is of such size, scope, and quality as to bring about 
improvement in the quality of education offered by the 
school; and 
"(D) seeks to cooperate with the sex equity program 
carried out under section 222; 
"(13) provide an assurance that the eligible recipient will 
provide sufficient information to the State to enable the State to 
comply with the provisions of section 231(d); and 
"(14) describe how the eligible recipient will monitor the 
provision of vocational education to individuals who are mem-
bers of special populations." 
104 STAT. 785 
Reports. 
104 STAT. 786 
PUBLIC LAW 101-392—SEPT. 25, 1990 
TITLE III—SPECIAL PROGRAMS 
SEC. 301. USE OF FUNDS. 
Section 302(b) of the Act (20 U.S.C. 2352(b)) is amended by— 
(1) redesignating paragraphs (6) and (7) as paragraphs (7) and 
(8), respectively; and 
(2) inserting the following new paragraph (6) after paragraph 
(5): 
"(6) model programs for school dropouts;". 
SEC. 302. CONSUMER AND HOMEMAKING EDUCATION. 
Paragraph (2) of section 311 of the Act (20 U.S.C. 2361) is amended 
by inserting "individual and family health," after "food and 
nutrition,". 
SEC. 303. USE OF FUNDS FROM CONSUMER AND HOMEMAKING EDU-
CATION GRANTS. 
Section 312 of the Act (20 U.S.C. 2362) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking "in" and inserting "for 
residents of; and 
(B) in paragraph (3), by inserting after "encourage" the 
following: ", in cooperation with the individual appointed 
under section 111(b)(1),"; 
(2) in paragraph (1) of subsection (b)— 
(A) by striking "maneiging home and work responsibil-
ities" and inserting "balancing work and family"; 
(B) by inserting after "family crises" the following: 
"(including family violence and child abuse)"; 
(C) by inserting after "parenting skills" the following: 
"(especially among teenage parents), preventing teenage 
pregnancy'; 
(D) by striking "handicapped individuals," and inserting 
"individuals with handicaps, and members of at-risk popu-
lations (including the homeless),"; and 
(E) by striking "improving nutrition," and inserting 
"improving individual, child, and family nutrition and 
wellness,". 
SEC. 304. INFORMATION DISSEMINATION AND LEADERSHIP. 
The second sentence of subsection (a) of section 313 of the Act (20 
U.S.C. 2363) is amended— 
(1) by inserting after "State leadership" the following: "and 
full time State administrators"; and 
(2) by inserting "educational" after "experience and". 
SEC. 305. ADULT TRAINING, RETRAINING, AND EMPLOYMENT DEVELOP-
MENT. 
Part C of title III of the Act (20 U.S.C. 2371 et seq.) is repealed. 
SEC. 306. COMPREHENSIVE 
CAREER 
GUIDANCE 
AND 
COUNSELING 
PROGRAMS. 
(a) REDESIGNATIONS.—(1) Title III of the Act (20 U.S.C. 2351 et seq.) 
is amended by redesignating part D as part C. 
(2) Sections 331, 332, and 333 of the Act (20 U.S.C. 2381, 2382, 2383) 
are redesignated as sections 321, 322, and 323, respectively. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 787 
(b) AMENDMENT TO PART HEADING.—The heading for part D of 
title III of the Act (as redesignated in subsection (a)(1)) is redesig-
nated as the heading to part C. 
(c) USE OF FUNDS FROM CAREER GUIDANCE AND COUNSEUNG 
GRANTS.—Section 322 of the Act (as redesignated by subsection 
(aX2)) (20 U.S.C 2382) is amended in paragraph (2) of subsection (b), 
by inserting after "equipment acquisition," the following: "develop-
ment of career information delivery systems,". 
SEC. 307. BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING. 
(a) REDESIGNATIONS.—(1) Title III of the Act (20 U.S.C. 2351 et seq.) 
is amended by redesignating part E as part D. 
(2) Sections 341, 342, and 343 of the Act (20 U.S.C. 2391, 2392, 2393) 
are redesignated as sections 331, 332, and 333, respectively. 
(b) AMENDMENT TO PART HEADING.—The heading for part D of 
title III of the Act (as redesignated by subsection (aXD) is amended 
to read as follows: 
"PART D—BUSINESS-LABOR-EDUCATION 
PARTNERSHIP FOR TRAINING". 
(c) FINDINGS AND PURPOSE.—Section 331 of the Act (as redesig-
nated by subsection (aX2)) (20 U.S.C. 2391) is amended to read as 
follows: 
"SEC. 331. FINDINGS AND PURPOSE. 
"The Congress finds that— 
"(1) there is a need to infuse resources into the schools for the 
purpose of improving the quality of vocational education; and 
"(2) there is a need to fulfill the needs of business for skilled 
employees who meet certain minimal standards in key occupa-
tional areas.". 
(d) AUTHORIZATION OF GRANTS.—Section 332 of the Act (as redesig-
nated by subsection (aX2)) (20 U.S.C. 2392) is amended— 
(1) by amending subsection (a) to read as follows: 
"(aXl) From amounts authorized under section 3(d)(1)(D) that are 
made available for this part, the Secretary shall make grants to 
States to enable States to award grants to partnerships among— 
"(A) an area vocational education school, a State agency, a 
local educational agency, a secondary school funded by the 
Bureau of Indian Affairs, an institution of higher education, a 
State corrections educational agency or an adult learning 
center; and 
"(B) business, industry, labor organizations, or apprenticeship 
programs; 
to carry out business-labor-education partnership training programs 
in accordance with this part. 
"(2) The Secretary shall ensure an equitable geographic distribu-
tion of grants under this part."; 
(2) by amending subsection (b) to read as follows: 
"(b) Grants to any Stete under this part shall be used in accord-
ance with State plans and shall provide incentives for the coordina-
tion of programs assisted with funds under this part with related 
efforts under part E and under the Job Training Partnership Act. 
Each such State plan shall contain assurances to the Secretary 
that— 
104 STAT. 788 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(1) funds received under this part will be awarded on a 
competitive basis solely for vocational education programs, 
including programs— 
"(A) to provide apprenticeships and internships in indus-
try; 
"(B) to provide new equipment; 
"(C) to provide teacher internships or teacher training; 
"(D) that bring representatives of business and organized 
labor into the classroom; 
"(E) to increase the access to, and quality of, programs for 
individuals who are members of special populations; 
"(F) to strengthen coordination between vocational edu-
cation programs, and the labor and skill needs of business 
and industry; 
"(G) to address the economic development needs of the 
area served by the partnership; 
"(H) to provide training and career counseling that will 
enable workers to retain their jobs; 
"(I) to provide training and career counseling that will 
enable workers to upgrade their jobs; and 
"(J) that address the needs of new and emerging indus-
tries, particularly industries in high-technology fields. 
"(2) the State will give preference to partnerships that coordi-
nate with local chambers of commerce (or the equivalent), local 
labor organizations, or local economic development plans; 
"(3) the State will give priority to programs offered by part-
nerships that provide job training in areas or skills where there 
are significant labor shortages; 
Urban areas. 
"(4) ^jjg State shall ensure an equitable distribution of assist-
Kurai areas. 
^^^^ Under this part between urban and rural areas; 
"(5) except as provided in paragraph (6), not less than 50 
percent of the aggregate cost of programs and projects assisted 
under this part will be provided from non-Federal sources, and 
not less than 50 percent of such non-Federal share will be 
provided by businesses or labor organizations participating in 
the partnership; and 
"(6) in the event that the partnership includes a small busi-
ness or labor organization, 40 percent of the aggregate cost of 
the programs and projects assisted under this part will be 
provided from non-Federal sources and not less than 50 percent 
of such non-Federal share will be provided by participating 
businesses or labor organizations."; and 
(3) by adding at the end the following new subsection: 
"(d) The Secretary shall prescribe policies for vocational education 
programs carried out with assistance under this part. Such policies 
shall include examples of allowable expenses for business-labor-
education partnerships.". 
SEC. 308. TECH-PREP EDUCATION. 
Title III of the Act (20 U.S.C. 2351 et seq.) is amended by adding at 
the end the following new part: 
EdJl^^oSAct 
"PART E—TECH-PREP EDUCATION 
Grants. 
20 use 2394 ' 
"SEC. 341. SHORT TITLE. 
''°*®- 
"This part may be cited as the 'Tech-Prep Education Act'. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 789 
"SEC. 342. FINDINGS AND PURPOSE. 
20 USC 2394. 
"(a) FINDINGS.—The Congress finds that— 
"(1) rapid technological advances and global economic com-
petition demand increased levels of skilled technical education 
preparation and readiness on the part of youths entering the 
workforce; 
"(2) effective strategies reaching beyond the boundaries of 
traditional schooling are necessary to provide early gind sus-
tained intervention by parents, teachers, and educational 
institutions in the lives of students; 
"(3) a combination of nontraditional school-to-work technical 
education programs, using state-of-the-art equipment and 
appropriate technologies, will reduce the dropout rate for high 
school students in the United States and will produce youths 
who are mature, responsible, and motivated to build good lives 
for themselves; 
"(4) the establishment of systematic technical education 
articulation agreements between secondary schools and post-
secondary educational institutions is necessary for providing 
youths with skills in the liberal and practical arts and in bsisic 
academics, including literacy instruction in the English lan-
guage, and with the intense technical preparation necessary for 
finding a position in a changing workplace; 
"(5) by the year 2000 an estimated 15,000,000 manufacturing 
jobs will require more advanced technical skills, and an equal 
number of service jobs will become obsolete; 
"(6) more than 50 percent of jobs that are devieloping will 
require skills greater than those provided by existing edu-
cational programs; 
"(7) dropout rates in urban schools are 50 percent or higher, 
and more than 50 percent of all Hispanic youth drop out of high 
school; and 
"(8) employers in the United States pay an estimated 
$210,000,000,000 annually for formal and informal training, 
remediation, and lost productivity as a result of untrained and 
unprepared youth joining, or attempting to join, the workforce 
of the United States. 
"Ot)) PURPOSE.—It is the purpose of this part— 
"(1) to provide planning and demonstration grants to consor-
tia of local educational agencies and postsecondary educational 
institutions, for the development and operation of 4-year pro-
grams designed to provide a tech-prep education program lead-
ing to a 2-year associate degree or a 2-year certificate; and 
"(2) to provide, in a systematic manner, strong, comprehen-
sive links between secondary schools^and postsecondary edu-
cational institutions. 
"SEC. 343. PROGRAM AUTHORIZED. 
20 USC 2394a. 
"(a) DISCRETIONARY AMOUNTS.—In any fiscal year in which the 
amount made available under section 3(dXlXE) to carry out the 
provisions of this part is equal to or less than $50,000,000, the 
Secretary, in accordance with the provisions of this part which are 
not inconsistent with this paragraph, shall award grants for tech-
prep education programs to consortia of— 
"(1) local educational agencies, intermediate educational 
agencies or area vocational education schools serving secondary 
104 STAT. 790 
PUBLIC LAW 101-392—SEPT. 25, 1990 
school students, or secondary schools funded by the Bureau of 
Indian Affairs; and 
"(2)(A) nonprofit institutions of higher education which offer 
a 2-year associate degree program, a 2-year certificate program, 
and which are qualified as institutions of higher education 
pursuant to section 481(a) of the Higher Education Act of 1965, 
including institutions receiving assistance under the Tribally 
Controlled Community College Assistance Act of 1978, or a 2-
year apprenticeship program that follows secondary instruction, 
if such nonprofit institutions of higher education are not subject 
to a default management plan required by the Secretary; or 
"(B) proprietary institutions of higher education which offer a 
2-year associate degree program and which are qualified as 
institutions of higher education pursuant to section 481(a) of the 
Higher Education Act of 1965 if such proprietary institutions of 
higher education are not subject to a default management plan 
required by the Secretary. 
"(b) STATE GRANTS.—(1) In any fiscal year for which the amount 
made available under section 3(d)(1)(E) to carry out the provisions of 
this part exceeds $50,000,000, the Secretary shall allot such amount 
to the States in accordance with the provisions of section 101(a)(2). 
"(2) From amounts made available to each State under paragraph 
(1), the State board, in accordance with the provisions of this part 
which are not inconsistent with this paragraph, shall award grants 
on a competitive basis or on the basis of a formula determined by 
the State board, for tech-prep education programs to consortia 
described in subsection (a)(1). 
20 use 2394b. 
"SEC. 344. TECH-PREP EDUCATION PROGRAMS. 
"(a) 
GENERAL 
AUTHORITY.—Each grant recipient shall use 
amounts provided under the grant to develop and operate a 4-year 
tech-prep education program. 
"Ot)) CONTENTS OF PROGRAM.—Any such program shall— 
"(1) be carried out under an articulation agreement between 
the participants in the consortium; 
"(2) consist of the 2 years of secondary school preceding 
graduation and 2 years of higher education, or an apprentice-
ship program of at least 2 years following secondary instruction, 
with a common core of required proficiency in mathematics, 
science, communications, and technologies designed to lead to 
an associate degree or certificate in a specific career field; 
"(3) include the development of tech-prep education pro-
gram curricula appropriate to the needs of the consortium 
participants; 
"(4) include in-service training for teachers that— 
"(A) is designed to train teachers to effectively implement 
tech-prep education curricula; 
"(B) provides for joint training for teachers from all 
participants in the consortium; and 
"(C) may provide such training in weekend, evening, and 
summer sessions, institutes or workshops; 
"(5) include training programs for counselors designed to 
enable counselors to more effectively— 
"(A) recruit students for tech-prep education programs; 
"(B) ensure that such students successfully complete such 
programs; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 791 
"(C) ensure that such students are placed in appropriate 
employment; 
"(6) provide equal access to the full range of technical 
preparation programs to individuals who are members of spe-
cial populations, including the development of tech-prep edu-
cation program services appropriate to the needs of such 
individuals; and 
"(7) provide for preparatory services which assist all partici-
pants in such programs. 
"(c) ADDITIONAL AUTHORIZED ACTIVITIES.—Each such program 
may— 
"(1) provide for the acquisition of tech-prep education pro-
gram equipment; and 
"(2) as part of the program's planning activities, acquire 
technical assistance from State or local entities that have 
successfully 
designed, established and operated 
tech-prep 
programs. 
"SEC. 345. APPLICATIONS. 
"(a) IN GENERAL.—Each consortium that desires to receive a grant 
under this part shall submit an application to the Secretary or the 
State board, as appropriate, at such time and in such manner as the 
Secretary or the State board, as appropriate, shall prescribe. 
"(b) THREE-YEAR PLAN.—Each application submitted under this 
section shall contain a 3-year plan for the development and im-
plementation of activities under this part. 
"(c) APPROVAL.—The Secretary or the State board, as appropriate, 
shall approve applications based on their potential to create an 
effective tech-prep education program as provided for in section 344. 
"(d) SPECIAL CONSIDERATION.—The Secretary or the State board, 
as appropriate, shall give special consideration to applications 
which— 
"(1) provide for effective employment placement activities or 
transfer of students to 4-year baccalaureate degree programs; 
"(2) are developed in consultation with business, industry, and 
labor unions; and 
"(3) address effectively the issues of dropout prevention and 
re-entry and the needs of minority youths, youths of limited 
English proficiency, youths with handicaps, and disadvantaged 
youths. 
"(e) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In making grants 
under this part, the Secretary shall ensure an equitable distribution 
of assistance among States and the Secretary or the State board, as 
appropriate, shall ensure an equitable distribution of assistance 
between urban and rural consortium participants. 
"(f) NOTICE.—(1) In the case of grants to be made by the Secretary, 
each consortium that submits an application under this section shall 
provide notice of such submission and a copy of such application to 
the State educational agency and the State agency for higher edu-
cation of the State in which the consortium is located. 
"(2) The Secretary shall notify the State educational agency, the 
State agency for higher education, and the State council on voca-
tional education of any State each time a consortium located in such 
State is selected to receive a grant under this part. 
20 u s e 2394c. 
Employment 
and 
unemployment. 
Business and 
industry. 
Minorities. 
Handicapped 
persons. 
Disadvemtaged 
persons. 
Urban areas. 
Rureil areas. 
104 STAT. 792 
PUBLIC LAW 101-392—SEPT. 25, 1990 
20USC2394d. 
"SEC. 346. REPORTS. 
"(a) REPORT TO THE SECRETARY.—In the case of grants made by the 
Secretary, each grant recipient shall, with respect to assistance 
received under this part, submit to the Secretary such reports as 
may be required by the Secretary to ensure that such grant recipi-
ent is complying with the requirements of this part. 
"(b) REPORT TO THE CONGRESS.—After grant recipients who receive 
grants in the first year in which grante are made under this part 
complete their eligibility under the program, the Secretary shall 
submit to the Congress a report evaluating the effectiveness of the 
program under this part. 
20USC2394e. 
"SEC. 347. DEFINITIONS. 
"For purposes of this part: 
"(1) The term 'articulation agreement' means a commitment 
to a program designed to provide students with a nonduplicative 
sequence of progressive achievement leading to competencies in 
a tech-prep education program. 
"(2) The term 'community college'— 
"(A) has the meaning provided in section 1201(a) of the 
Higher Education Act of 1965 for an institution which 
provides not less than a 2-year program which is acceptable 
for full credit toward a bachelor's degree; and 
"(B) includes tribally controlled community colleges. 
"(3) The term 'tech-prep education program' means a com-
bined secondary and postsecondary program which— 
"(A) leads to an sissociate degree or 2-year certificate; 
"(B) provides technical preparation in at least 1 field of 
engineering technology, applied science, mechanical, indus-
trial, or practical art or trade, or agriculture, health, or 
business; 
"(C) builds student competence in mathematics, science, 
and communications (including through applied academics) 
through a sequential course of study; and 
"(D) leads to placement in employment. 
"(4) The terms 'institution of higher education' and 'higher 
education' include institutions offering apprenticeship pro-
grams of at least 2 years beyond the completion of secondary 
school.". 
SEC. 309. SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND EQUIP-
MENT AND OTHER PROGRAM IMPROVEMENT ACTIVITIES. 
Title III of the Act (as amended by section 308 of this Act) (20 
U.S.C. 2351 et seq.) is further amended by adding at the end the 
following new part: 
"PART F—SUPPLEMENTARY STATE GRANTS FOR 
FACILITIES AND EQUIPMENT AND OTHER PRO-
GRAM IMPROVEMENT ACTIVITIES 
20 use 2395. 
"SEC. 351. STATEMENT OF PURPOSE. 
"It is the purpose of this part to provide funding to local edu-
cational agencies in economically depressed areas for program 
improvement activities, especially the improvement of facilities and 
acquisition or leasing of equipment to be used to carry out voca-
tional education programs that receive assistance under this Act. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 793 
"SEC. 352. ALLOTMENT TO STATES. 
20 USC 2395a. 
"In each fiscal year, from £iny amounts appropriated for purposes 
of carrying out this part, the Secretary shall allot to each State an 
amount which bears the same ratio to such appropriated amounts as 
the aggregate amount allocated to counties in such State for such 
fiscal year under section 1006 of the Elementary and Secondary 
Education Act of 1965 bears to the total amount appropriated for 
carrying out such section for such fiscal year. 
"SEC. 353. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. 
20 USC 2395b. 
"(a) DISTRIBUTION OF ALL GRANT AMOUNTS.—In each fiscal year 
for which a State receives a grant under this part, the State shall 
distribute not less than 100 percent of the amounts made available 
under the grant to eligible local educational agencies as provided in 
subsection O^)-
"Qo) GRANT AMOUNTS.—In each fiscal year for which a State 
receives a grant under this part, each eligible local educational 
agency or consortium of such agencies in the State shall receive an 
amount under this part that bears the same relationship to the 
amount received by such local educational agency or agencies under 
section 1006 of the Elementary and Secondary Education Act of 1965 
bears to the aggregate amount received by local educational agen-
cies in such State under such section in such fiscal year. 
"SEC. 354. USES OF FUNDS. 
20 USC 2395c. 
"Each local educational agency or consortium of such agencies 
that receives a grant under this part shall 
"(1) give first priority to using funds provided under the grant 
for improving facilities and acquiring or leasing equipment for 
carrying out vocational education programs that receive assist-
ance under this Act; and 
"(2) then may use any funds not required to carry out the 
provisions of pareigraph (1) for other program improvement 
activities, such as curriculum development or teacher training. 
"SEC. 355. STATE APPLICATIONS. 
20 USC 2395d. 
"(a) IN GENERAL.—Each State that desires to receive a grant 
under this part shall submit to the Secretary an application at such 
time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. Each such 
application shall— 
"(1) designate the sole State agency described in section 
lll(aXl) as the State agency responsible for the administration 
and supervision of activities carried out with assistance under 
this part; 
"(2) provide for a process of consultation with the State 
council established under section 112; 
"(3) describes how funds will be allocated in a manner consist-
ent with section 353; 
"(4) provide for an annual submission of data concerning the 
use of funds and students served with assistance under this 
part; 
"(5) provide that the State educational agency will keep such 
Records, 
records and provide such information to the Secretary as may 
be required for purposes of financial audits and program evalua-
tions; and 
104 STAT. 794 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(6) contain assurances that the State will comply with the 
requirements of this part. 
"(b) PERIOD OF APPLICATION.—An application submitted by the 
State under subsection (a) shall be for a period of not more than 3 
years and shall be amended annually. 
20 u s e 2395e. 
"SEC. 356. LOCAL APPLICATIONS. 
"Each local educational agency or consortium of such agencies 
that desires to receive a grant under this part shall submit to the 
State an application at such time, in such manner, and containing 
or accompanied by such information as the State may reasonably 
require.". 
SEC. 310. COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCA-
TIONAL EDUCATION LIGHTHOUSE SCHOOLS. 
Title III of the Act (as amended by sections 308 and 309 of this 
Act) is further amended by inserting at the end the following: 
"PART G—COMMUNITY EDUCATION EMPLOY-
MENT CENTERS AND VOCATIONAL EDUCATION 
LIGHTHOUSE SCHOOLS 
"Subpart 1—Community Education Employment 
Centers 
"SEC. 361. SHORT TITLE. 
"This part may be cited as the 'Community Education Employ-
ment Center Act of 1990'. 
"SEC. 362. PURPOSE. 
"It is the purpose of this part to establish and evaluate model high 
school community education employment centers to meet the edu-
cation needs of low-income urban and rural youth by awarding 
grants to eligible recipients to enable such eligible recipients to 
establish community education emplo5mient centers to provide stu-
dents with the education, skills, support services, and enrichment 
necessary to ensure— 
"(1) graduation from secondary school; 
"(2) successful transition from secondary schools to a broad 
range of postsecondary institutions; and 
"(3) employment, including military service. 
20 u s e 2396a. 
"SEC. 363. PROGRAM AUTHORIZED. 
"(a) IN GENERAL.—The Secretary is authorized to make grants to 
eligible recipients having applications approved pursuant to section 
369 to establish and operate not more than 10 community education 
employment centers nationwide. 
"(b) GRANT PERIOD.—Grants awarded under this section may be 
for a period of 5 years. 
20 use 2396b. 
"SEC. 364. PROGRAM REQUIREMENTS. 
"Each eligible recipient receiving a grant under this part shall— 
"(1) operate a community education emplojrment center on an 
extended year and extended day basis; 
Community 
Education 
Emplojmaent 
Center Act of 
1990. 
Disadvantaged 
persons. 
Urban areas. 
Rural areas. 
Children and 
youth. 
Grants. 
20 use 2396 
note. 
20 u s e 2396. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 795 
"(2) establish a coUegial working environment, with substan-
tial opportunities for staff training and development and shared 
decisionmaking; 
"(3) maintain small class sizes, and to the extent possible, 
maintain an average class size of 15 students or less; 
"(4) have the option to organize community education and 
employment centers into 1 or more programs, specializing in 
different areas of study of particular interest and employment 
opportunities for the student population; 
"(5) offer a broad array of secondary school coursework, 
including, to the extent possible— 
"(A) English, mathematics, history, geography, biology, 
chemistry, physics, and computer science; 
"(B) opportunities for student participation in a wide 
range of extracurricular activities, including community 
service and exploration, sports, fine and performing arts 
and tutorial study sessions; 
"(C) a comprehensive vocational-technical education pro-
gram developed through regular consultation with em-
ployer-labor panels with knowledge of relevant industries, 
and which offers skills in planning, management, finances, 
technical and production skills, underlying principles of 
technology, labor and community issues, economic develop-
ment and health, safety, and environment issues; 
"(D) courses in health, nutrition, and parenting; 
"(6) offer students on-site opportunities for assistance with 
career planning and decisionmaking, employability, entre-
preneurial abilities, interpersonal communication skills, £ind 
remedial studies; 
"(7) maintain an emphasis on the development of academic 
skills, regardless of student career objectives; 
"(8) provide technical assistance and training to staff from 
other schools and local education agencies within the State who 
wish to replicate community education employment center 
capabilities; 
"(9) seek to utilize community organizations to provide sup-
port for educational activities and services to parents and 
students; and 
"(10) offer school-to-work transition services. 
"SEC. 365. SUPPORT SERVICES REQUIREMENTS. 
20 USC 2396c. 
"Each eligible recipient receiving a grant under this part shall 
establish in each community education emplo3nnent center a sup-
port system to coordinate services for students, including— 
"(1) a comprehensive program of confidential guidance coun-
seling, providing— 
"(A) guidance for career and personal decisionmaking 
and postsecondary institution placement; 
"(B) mentoring and referral to appropriate social services; 
and 
"(C) an accessible counseling service to help parents to 
focus on the enhancement of student education; 
"(2) an on-site job service office to offer students— 
"(A) career guidance, development, and employment 
counseling, which provides information about a broad range 
of occupations and alternative career paths; 
104 STAT. 796 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(B) labor market information, job development, career 
testing, and occupational placement services for part-time 
and summer emplojmient, internships, cooperative pro-
grams, and part-time and full-time employment opportuni-
ties upon graduation; and 
"(C) assistance in arranging part-time employment, so 
long as such employment does not adversely affect aca-
demic performance; 
"(3) assistance in arranging a summer program of work, 
education, or enrichment sessions; 
"(4) to the extent possible, providing transportation to and 
from the community education employment center and part-
time job sites; and 
"(5) access to day care services for children of participating 
students. 
20USC2396d. 
"SEC. 366. PARENTAL AND COMMUNITY PARTICIPATION. 
"(a) IN GENERAL.—Each eligible recipient receiving a grant under 
this part shall employ a parent/community coordinator to provide 
for the active and informed participation of parents and appropriate 
community representatives in each community education employ-
ment center by— 
"(1) encouraging parents and students to make informed 
decisions in reviewing and selecting the choice of community 
education employment center programs for their children; 
"(2) conducting regular parent seminars to— 
"(A) inform parents about community education employ-
ment center operations; 
"(B) obtain parent input; and 
"(C) disseminate information on how parents can encour-
age student performance; 
"(3) providing the parents of each student with a regular 
opportunity to meet with counselors, teachers, and the student 
to discuss student progress, plans, and needs; 
"(4) providing a range of roles in which parents may work 
with students at home or as class assistants or volunteer 
coordinators; 
"(5) establishing an advisory Council of Advisors (in this part 
referred to as the 'Council') consisting of 1 individual represent-
ing each of the following entities: 
"(A) the local educational agency; 
"(B) the State council on vocational education and the 
State 
agency 
responsible 
for 
secondary 
vocational 
education; 
"(C) the student body; 
"(D) the local teacher organization; 
"(E) guidance counselors; 
"(F) community-based orggmizations; 
"(G) parents; and 
"(H) the appropriate private industry council. 
"(b) FUNCTIONS OF THE COUNCIL.—The Council shall provide rec-
ommendations to, and work with, eligible recipients to— 
"(1) establish annual community education employment 
center priorities, programs, and procedures; 
"(2) establish student selection criteria to ensure that all 
students in the school district have an equal opportunity to 
attend the community education emplo3anent center and that 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 797 
participants will be representative of the secondary school popu-
lation in the school district; 
"(3) promulgate a student code of conduct that shall be devel-
oped in consultation with the students and teachers; 
"(4) assist in the selection of the community education 
employment 
center 
principal, administrators, 
department 
chsiirpersons, and teachers; 
"(5) assist in the selection and application of assessment tools 
for continuous evaluation of student learning progress; 
"(6) make recommendations for the selection of curriculum 
textbooks, software, and other learning resources and equip-
ment; and 
"(7) make recommendations regarding the coordination of 
activities assisted under this part with activities assisted 
under the Job Training Partnership Act and school to work 
transitions. 
"SEC. 367. PROFESSIONAL STAFF. 
20 USC 2396e. 
"(a) IN GENERAL.—Each eligible recipient receiving a grant under 
this part shall only employ professional staff who demonstrate the 
highest of academic, teaching, guidance, or administrative stand-
ards. 
"(b) TEACHERS.—(1) Each eligible recipient receiving a grant under 
this part shall ensure that community education emplo3anent center 
teachers receive inservice training at least annually in techniques, 
procedures and policies relevant to the community education 
employment center. 
"(2) Each eligible recipient receiving a grant under this part shall 
employ a sufficient number of full-time certified or licensed guid-
ance and career counselors to assist, enhance and monitor student 
progress. 
"SEC. 368. ELIGIBILITY. 
20 USC 2396f. 
"An eligible recipient shall be eligible to receive a grant under 
this part i
f
— 
"(1) the eligible recipient is located in or serves 1 or more 
local educational agencies that are eligible for assistance under 
section 1006 of the Elementary and Secondary Education Act of 
1965; and 
"(2) the eligible recipient demonstrates that it will serve a 
student population which is predominantly educationally and 
economically disadvantaged. 
"SEC. 369. APPLICATION. 
20 USC 2396g. 
"(a) APPUCATION REQUIRED.—Each eligible recipient desiring to 
participate in the demonstration grant program authorized by this 
part shall prepare and submit an application to the Secretary at 
such time, in such manner, and containing or accompanied by such 
information as the Secretary may require. 
"0)) CONTENTS OF APPLICATION.—Each application submitted 
pursuant to subsection (a) shall— 
"(1) demonstrate that the area where the center is to be 
located has a high concentration of children from low-income 
families, relative to the county and State as a whole; 
"(2) describe the activities and services for which assistance is 
sought; 
104 STAT. 798 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(3) provide assurances that the eligible recipient will comply 
with the provisions of sections 364, 365, 366, 367, and 368; 
"(4) contain assurances that the State and local educational 
agency will, in any fiscal year, at least supply the same fiscal 
effort per student with respect to the free provision of public 
education to community education emplo5anent center students 
as such local educational agency provides for students attending 
secondary schools in such local educational agency; 
"(5) utilize funding available from appropriate employment, 
training, and education programs in the State; 
"(6) contain assurances that the community 
education 
employment center will coordinate the operations of such 
center to help meet local economic needs; and 
"(7) provide such additional assurances as the Secretary may 
reasonably require. 
20 use 2396h. 
"SEC. 370. EVALUATION AND REPORT, 
"(a) LOCAL EVALUATION.—Each community education employ-
ment center shall submit annually to the Secretary a comprehensive 
and continuous evaluation of student learning progress, including— 
"(1) academic and vocational competencies; 
"(2) dropout rates; 
"(3) information concerning employment and earnings while 
the students are attending a community education employment 
center and upon the graduation of such students from such 
center; 
"(4) information concerning student attendance at postsecond-
ary institutions or student enlistment into military service upon 
the graduation of such students from the community employ-
ment education center; and 
"(5) parental, student and community participation in the 
activities of the community employment education center. 
"(b) REPORT.—The Secretary shall report to the Congress on the 
evaluations submitted pursuant to subsection (a) not later than 
October 1,1995. 
20 use 23961. 
"SEC. 371. DEFINITIONS. 
"As used in this part— 
"(1) the term 'eligible recipient' means a secondary school or 
an area vocational school; and 
"(2) the term 'parent' includes a legal guardian or other 
person standing in loco parentis. 
"Subpart 2—Vocational Education Lighthouse Schools 
20 u s e 2396m. 
"SEC. 375. VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants to secondary schools and area vocational education schools to 
enable such schools to establish and operate vocational education 
lighthouse schools. 
"(b) USE OF FUNDS.—Grants awarded under this section shall be 
used to establish vocational education lighthouse schools which— 
"(1) serve as a model vocational education program— 
"(A) to provide each student with knowledge of, and 
experience in, all aspects of the industry or enterprise the 
student is preparing to enter; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 799 
"(B) to provide each student with basic and higher order 
skills and develop the student's problem solving abilities in 
a vocational setting; 
"(C) to offer exceptionally high quality programs for dis-
advantaged and minority students; 
"(D) to provide the special services and modifications 
necessary to help individual students successfully complete 
the program; 
"(E) which is planned, developed and implemented with 
the participation of staff, local employers and local commu-
nity; and 
"(F) which offers a full range of programs, including 
comprehensive career guidance and counseling, for stu-
dents who plan to seek emplojmient upon graduation or 
who will enroll in a 2- or 4-year college; 
"(2) provide information and assistance to other grant recipi-
ents, vocational programs, vocational education personnel, par-
ents, students, other educators, community members and 
community organizations throughout the State regarding— 
"(A) curriculum materials; 
"(B) curriculum development, especially the integration 
of vocational and academic education; 
"(C) inservice and preservice staff development, training, 
and assistance, through off-site activities and through a 
range of short-term and long-term opportunities to partici-
pate in activities at the demonstration site; 
"(D) opportunities to systematically observe the model 
program; and 
"(E) technical Eissistance and staff development, as 
appropriate; 
"(3) use funds received under this section, together with funds 
from non-Federal sources, to develop and implement model 
programs containing the elements described in paragraph (1); 
"(4) develop comprehensive linkages with other local schools, 
community colleges, 4-year colleges, private vocational schools, 
community-based organizations, labor unions, employers, and 
other business groups, as appropriate; and 
"(5) develop and disseminate model approaches— 
"(A) for meeting the education training needs and career 
counseling needs of minority students, disadvantaged stu-
dents, students with handicaps, and students of limited 
English proficiency; and 
' (B) to reduce and eliminate sex bias and stereotyping.". 
SEC. 311. VOCATIONAL EDUCATION OPPORTUNITIES FOR INDIANS AND 
ALASKA NATIVES. 
Title III of the Act (as amended by sections 308, 309 and 310 of this 
Act) (20 U.S.C. 2351) is further amended by adding at the end the 
following new part: 
"PART H—TRIBALLY CONTROLLED 
POSTSECONDARY VOCATIONAL INSTITUTIONS 
"SEC. 381. SHORT TITLE. 
"This part may be cited as the 'Tribally Controlled Vocational 
Institutions Support Act of 1990'. 
Tribally 
Controlled 
Vocational 
Institutions 
Support Act of 
1990. 
Grants. 
20 u s e 2397 
note. 
39-194 O - 91 - 27 : QL 3 Part 1 
104 STAT. 800 
PUBLIC LAW 101-392—SEPT. 25, 1990 
20 use 2397. 
"SEC. 382. PURPOSE. 
"It is the purpose of this part to provide grants for the operation 
and improvement of tribally controlled postsecondary vocational 
institutions 
to ensure 
continued 
and 
expanded 
educational 
opportunities for Indian students^, and to EJIOW for the improvement 
and expansion of the physical resources of such institutions. 
20 use 2397a. 
"SEC. 383. GRANTS AUTHORIZED. 
"(a) GENERAL AUTHORITY.—The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section 
to tribally controlled postsecondary vocational institutions to pro-
vide basic support for the education and training of Indian students. 
"(b) USE OF GRANTS.—Amounts made available under grants 
made pursuant to this section may be used for— 
"(1) training costs; 
"(2) educational costs; 
"(3) equipment costs; 
"(4) administrative costs; and 
"(5) costs of operation and maintenance of the institution. 
20 use 2397b. 
"SEC. 384. ELIGIBLE GRANT RECIPIENTS. 
"To be eligible for assistance under this part a tribally controlled 
postsecondary vocational institution shall— 
"(1) be governed by a board of directors or trustees, a majority 
of whom are Indians; 
"(2) demonstrate adherence to stated goals, a philosophy or a 
plan of operation which fosters individual Indian economic and 
self-sufficiency 
opportunity, including programs which are 
appropriate to stated tribal goals of developing individual 
entrepreneurships and self-sustaining economic infrastructures 
on reservations; 
"(3) have been in operation for at least 3 years; 
"(4) hold accreditation with or be a candidate for accredita-
tion by a nationally recognized accrediting authority for post-
secondary vocational education; and 
"(5) enroll the full-time equivalency of not less than 100 
students, of whom a majority are Indians. 
20 use 2397c. 
"SEC. 385. GRANTS 
TO 
TRIBALLY 
CONTROLLED 
POSTSECONDARY 
VOCATIONAL INSTITUTIONS. 
"(a) APPUCATIONS.—Any tribally controlled postsecondary voca-
tional institution that desires to receive a grant under this part 
shall submit an application to the Secretary. Such application shall 
include a description of recordkeeping procedures for the expendi-
ture of funds received under this part which will allow the Secretary 
to audit and monitor programs. 
"(b) INITIAL GRANTS.—In the first year for which amounts are 
appropriated to carry out this part, the number of grants issued 
shall be not less than 2. 
"(c) CONSULTATION.—In making grants pursuant to this part, the 
Secretary shall, to the extent practicable, consult with the boards of 
trustees and the tribal governments chartering the institutions 
being considered. 
"(d) LIMITATION.—Amounts made available under ^ants made 
pursuant to this part shall not be used in connection with religious 
worship or sectarian instruction. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 801 
"SEC. 386. AMOUNT OF GRANTS. 
20 USC 2397d. 
"(a) ALLOWABLE EXPENSES.—Except as provided in subsection (d), 
the Secretary shall, subject to the availability of appropriations, 
provide for each program year to each tribally controlled vocational 
institution having an application approved by the Secretary, an 
amount necessary to pay expenses associated with— 
"(1) the maintenance and operation of the program, including 
development costs, costs of bgisic and special instruction (includ-
ing special programs for individuals with handicaps and aca-
demic instruction), materials, student costs, administrative 
expenses, boarding costs, transportation, student services, day 
care and family support programs for students and their fami-
lies (including contributions to the costs of education for 
dependents); 
"(2) capital expenditures, including operations and mainte-
nance and minor improvements and repair, physical plant 
maintenance costs; and 
"(3) costs associated with repair, upkeep, replacement, and 
upgrading of the instructional equipment. 
"(b) PAYMENTS.—(1) For each fiscal year, the Secretary shall 
provide amounts to institutions that are approved for grants under 
section 385 in 2 payments. 
"(2)(A) The first payment shall be made before the end of the 30-
day period beginning on the date of the enactment of an Act 
providing appropriations for such fiscal year for purposes of carry-
ing out this part. Except as provided in subparagraph (B), such 
pa3anent shall be in an amount that is equal to at least 50 percent of 
the amount determined to be required under subsection (a) for the 
preceding year. 
"(B) In the first year that an institution receives a grant under 
this part, the Secretary shall determine the amount of the first 
payment by estimating the costs described in subsection (a) based 
upon information submitted by the institution. 
"(3) Each institution that receives a grant under section 385 shall 
receive a final payment of amounts to which it is entitled based on 
its costs under subsection (a) not later than January 1 of the fiscal 
year in which the costs are incurred. 
"(c) ACCOUNTING.—Each institution receiving payments under 
this part shall annually provide to the Secretary an accurate and 
detailed accounting of its operating and maintenance expenses and 
such other information concerning costs as the Secretary may 
reasonably require. 
"(d) ADDITIONAL GRANTS AUTHORIZED.—(1) After providing grants 
to all eligible institutions under subsection (a), the Secretary shall, 
from any amounts remaining— 
"(A) first allocate to institutions receiving their first grant 
under this part an amount equal to the training equipment 
costs necessary to implement training programs; and 
"(B) from any remaining funds, review training equipment 
needs at each institution receiving sissistance under this part at 
the end of the 5-year period beginning on the first day of the 
first year for which the institution received a grant under this 
part, and provide allocations for other training equipment needs 
if it is demonstrated by the institution that its training equip-
ment has become obsolete for its purposes, or that the develop-
ment of other training programs is appropriate. 
104 STAT. 802 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(2) For the purposes of carrjdng out this subsection, the Secretary 
may require from each institution the submission of such informa-
tion relating to the feasibility of such training programs as is 
reasonable and practical. 
20 use 2397e. 
"SEC. 387. EFFECT ON OTHER PROGRAMS. 
"(a) IN GENERAL.—Except as specifically provided in this Act, 
eligibility for assistance under this part shall not preclude any 
tribally controlled postsecondary vocational institution from receiv-
ing Federal financial assistance under any program authorized 
under the Higher Education Act of 1965 or any other applicable 
program for the benefit of institutions of higher education or voca-
tional education. 
"(b) 
PROHIBITION 
ON ALTERATION OF GRANT 
AMOUNT.—The 
amount of any grant for which tribally controlled postsecondary 
vocational institutions are eligible under this part shall not be 
altered because of funds allocated to any such institution from funds 
appropriated under the Act of November 2,1921. 
"(c) PROHIBITION ON CONTRACT DENIAL.—No tribally controlled 
postsecondary vocational institution for which an Indian tribe has 
designated a portion of the funds appropriated for the tribe from 
funds appropriated under the Act of November 2, 1921, may be 
denied a contract for such portion under the Indian Self-Determina-
tion and Education Assistance Act (except EIS provided in that Act), 
or denied appropriate contract support to administer such portion of 
the appropriated funds. 
20USC2397f. 
"SEC. 388. GRANT ADJUSTMENTS. 
"(a) ALLOCATION.—(1) If the sums appropriated for any fiscal year 
for grants under this part are not sufficient to pay in full the total 
amount which approved applicants are eligible to receive under this 
part for such fiscal year, the Secretary shall first allocate to each 
such applicant which received funds under this part for the preced-
ing fiscal year an amount equal to 100 percent of the product of the 
per capita payment for the preceding fiscal year and such ap-
plicant's Indian student count for the current program year, plus an 
amount equal to the actual cost of any increase to the per capita 
figure resulting from inflationary increases to necessary costs 
beyond the institution's control. 
"(2) For purposes of paragraph (1), the per capita pajonent for any 
fiscal year shall be determined by dividing the amount available for 
grants to tribally controlled postsecondary vocational institutions 
under this part for such program year by the sum of the Indian 
student counts of such institutions for such program year. The 
Secretary shall, on the basis of the most accurate data available 
from the institutions, compute the Indian student count for any 
fiscal year for which such count w£is not used for the purpose of 
making allocations under this part. 
"(b) NEEDS ESTIMATE.—The Secretary shall, based on the most 
accurate data available from the institutions and Indian tribes 
whose Indian students are served under this part, in consideration 
of emplojrment needs, economic development needs, population 
training needs, prepare an actual budget needs estimate for each 
institution eligible under this part for each subsequent program 
year, and submit such budget needs estimate to the Congress in such 
a timely manner as will enable the appropriate committees of the 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 803 
Congress to consider such needs data for purposes of the uninter-
rupted flow of adequate appropriations to such institutions. 
"SEC. 389. REPORT ON FACILITIES AND FACILITIES IMPROVEMENT. 
20 USC 2397g. 
"(a) STUDY OF TRAINING AND HOUSING NEEDS.—(1) The Secretary 
shall conduct a detailed study of the training and housing needs of 
each institution eligible under this part. 
"(2) The study required by paragraph (1) shall include an exam-
ination of— 
"(A) training equipment needs; and 
"(B) housing needs of families whose heads of household are 
students and whose dependents have no alternate source of 
support while such heads of household are students. 
"(3) The Secretary shall report to the Congress not later than 
July 1, 1991, on the results of the study required by paragraph (1). 
"(4) The report required by paragraph (3) shall— 
"(A) include the number, type, and cost of meeting the needs 
described in paragraph (2); and 
"(B) rank each institution by relative need. 
"(5) In conducting the study required by paragraph (1), the Sec-
retary shall give priority to institutions which are receiving assist-
ance under this part. 
"(b) LONG-TERM STUDY OF FACILITIES.—(1) The Secretary shall 
provide for the conduct of a long-term study of facilities of each 
institution eligible for assistance under this part. 
"(2) The study required by paragraph (1) shall include a 5-year 
projection of training facilities and equipment and housing needs 
and shall consider such factors as projected service population, 
employment and economic development forecasting, based on the 
most current and accurate data available from the institutions and 
Indian tribes affected. 
"(3) The Secretary shall submit to the Congress a detailed report 
on the results of such study not later than the end of the 18-month 
period beginning on the date of the enactment of this Act. 
"(4) The Secretary shall submit to the Congress a progress report 
not less often than once every 6 months, beginning on the date of 
the enactment of this Act, concerning activities conducted pursuant 
to this section. 
"(c) CONSTRUCTION AND RENOVATION GRANTS.—Pursuant to the 
studies conducted and the report submitted under subsections (a) 
and (b), the Secretary is authorized to make grants to the tribally 
controlled vocational institutions for construction, rehabilitation, 
major alterations and renovation of buildings and other physical 
structures for the conduct of programs funded under this part. Such 
grants shall be made in such time and pursuant to such applications 
as the Secretary shall by regulation determine. 
"SEC. 390. DEFINITIONS. 
20 USC 2397h. 
"For the purposes of this part: 
"(1) The terms 'Indian' and 'Indian tribe' have the meaning 
given such terms in section 2 of the Tribally Controlled Commu-
nity College Assistance Act of 1978. 
' (2) The term 'tribally controlled postsecondary vocational 
institution' means an institution of higher education which is 
formally controlled, or has been formally sanctioned or char-
tered by the governing body of an Indian tribe or tribes which 
offers technical degrees or certificate granting programs. 
104 STAT. 804 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(3) The term 'Indian student count' means a number equal to 
the total number of Indian students enrolled in each tribally 
controlled vocational institution, determined as follows: 
"(A) The registrations of Indian students as in effect on 
October 1 of each year. 
"(B) Credits or clock hours toward a certificate earned in 
clEisses offered during a summer term shall be counted 
toward the computation of the Indian student count in the 
succeeding fall term. 
"(C) Credits or clock hours toward a certificate earned in 
classes during a summer term shall be counted toward the 
computation of the Indian student count if the institution 
at which the student is in attendance has established cri-
teria for the admission of such student on the basis of the 
student's ability to benefit from the education or training 
offered. The institution shall be presumed to have estab-
lished such criteria if the admission procedures for such 
studies include counseling or testing that measures the 
student's aptitude to successfully complete the course in 
which the student has enrolled. No credit earned by such 
student for purposes of obtaining a high school degree or its 
equivalent shall be counted toward the computation of the 
Indian student count. 
"(D) Indian students earning credits in any continuing 
education program of a tribally controlled vocation^ 
institution shall be included in determining the sum of all 
credit or clock hours. 
"(E) Credits or clock hours earned in a continuing edu-
cation program shall be converted to the basis that is in 
accordance with the institution's system for providing 
credit for participation in such programs.". 
SEC. 312. TRIBAL ECONOMIC DEVELOPMENT. 
The Tribally Controlled Community College Assistance Act of 
1978 is amended by adding at the end the following new title: 
K o ^ e T ' 
"TITLE IV—TRIBAL ECONOMIC 
^f^'^hnoiogy 
DEVELOPMENT 
Education 
^wtance Act 
..ggc. 401. SHORT TITLE. 
of 1990. 
25 use 1801 
"This title may be cited as the 'Tribal Economic Development and 
^°*®- 
Technology Related Education Assistance Act of 1990'. 
25 use 1851. 
"SEC. 402. GRANTS AUTHORIZED. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized, subject to 
the availability of appropriations, to make grants to tribally con-
trolled community colleges which receive grants under either this 
Act or the Navajo Community College Act for the establishment and 
support of tribal economic development and education institutes. 
Each program conducted with assistance under a grant under this 
subsection shall include at least the following activities: 
"(1) Determination of the economic development needs and 
potential of the Indian tribes involved in the program, including 
agriculture and natural resources needs. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 805 
"(2) Development of consistent courses of instruction to pre-
pare postsecondary students, tribal officials and others to meet 
the needs defined under paragraph (1). The development of such 
courses may be coordinated with secondary institutions to the 
extent practicable. 
"(3) The conduct of vocational courses, including administra-
tive expenses and student support services. 
"(4) Technical assistance and training to Federal, tribal and 
community officials and business managers and planners 
deemed necessary by the institution to enable full implementa-
tion of, and benefits to be derived from, the program developed 
under paragraph (1). 
"(5) Clearinghouse activities encouraging the coordination of, 
and providing a point for the coordination of, all vocational 
activities (and academically related training) serving all stu-
dents of the Indian tribe involved in the grant. 
"(6) The evaluation of such grants and their effect on the 
needs developed under paragraph (1) and tribal economic self-
sufficiency. 
"(b) AMOUNT AND DURATION.—The grants shall be of such amount 
and duration as to afford the greatest opportunity for success and 
the generation of relevant data. 
"(c) APPLICATIONS.—Institutions which receive funds under other 
titles of this Act or the Navajo Community College Act may apply 
for grants under this title either individually or as consortia. Each 
applicant shall act in cooperation with an Indian tribe or tribes in 
developing and implementing a grant under this part. 
"SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 1852. 
"There are authorized to be appropriated for grants under this 
part $2,000,000 for the fiscal year 1991 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.". 
SEC. 313. FACILITIES. 
Section 112 of the Tribally Controlled Community College Assist-
ance Act of 1978 is amended— 
25 USC 1812. 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new 
subsection: 
"(cXD The Secretary shall enter into a contract with an organiza- 
Contracts, 
tion described in paragraph (2) to establish and provide on an 
annual basis criteria for the determination and prioritization in a 
consistent and equitable manner of the facilities construction and 
renovation needs of colleges that receive funding under this Act or 
the Navajo Community College Act. 
"(2) An organization described in this section is any organization 
that— 
"(A) is eligible to receive a contract under the Indian Self-
Determination and Education Assistance Act; and 
"(B) has demonstrated expertise in areas and issues dealing 
with tribally controlled community colleges. 
"(3) The Secretary shall include the priority list established pursu-
ant to this subsection in the budget submitted annually to the 
Congress.". 
104 STAT. 806 
PUBLIC LAW 101-392—SEPT. 25, 1990 
TITLE IV—NATIONAL PROGRAMS 
20 
use 
2402. 
Disadvantaged 
persons. 
Handicapped 
persons. 
Children and 
youth. 
Prisoners. 
SEC. 
4
0
1 
RESEARCH 
AND 
DEVELOPMENT. 
The heading for part A of title IV of the Act is amended to read as 
follows: 
"PART A—RESEARCH AND DEVELOPMENT". 
SEC. 402. RESEARCH OBJECTIVES. 
Section 401 of the Act (20 U.S.C. 2401) is amended— 
(1) in paragraph (1), by striking "single parents or home-
makers" and inserting "single parents, displaced homemakers, 
or single pregnant women"; 
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs 
(3), (4), and (5), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph: 
"(2) to authorize additional research and development activi-
ties that are related to the purposes of this Act as stated in 
section 2;". 
SEC. 403. RESEARCH ACTIVITIES. 
Section 402 of the Act is amended— 
(1) in subsection (a)— 
(A) by striking "National Institute of Education or any 
other division of the Department of Education which the 
Secretary determines to be appropriate" and inserting 
"Office of Educational Research and Improvement"; 
(B) in paragraph (1), by striking "individuals who are 
single parents or homemakers" and inserting "single par-
ents, displaced homemakers, single pregnant women"; 
(C) by striking paragraphs (5) and (6); 
(D) by redesignating paragraph (4) as paragraph (6); 
(E) by redesignating paragraphs (2) and (3) as paragraphs 
(4) and (5), respectively; 
(F) by redesignating paragraph (7) as paragraph (8); 
(G) by inserting after paragraph (1) the following new 
paragraphs: 
"(2) research on the development and implementation of 
performance standards and measures that fit within the needs 
of State boards or eligible recipients in carrying out the provi-
sions of this Act and on the relationship of such standards and 
measures to the data system established under section 421, 
which may include evaluation of existing performance stand-
ards and measures and dissemination of such information to the 
State board and eligible recipients; 
"(3) evaluation of the use of performance standards and meas-
ures under this Act and the effect of such standards and meas-
ures on the participation of students in vocational education 
programs and on the outcomes of students in such programs, 
especially students who are members of special populations;"; 
(H) in paragraph (6) (as redesignated by subparagraph (D) 
of this section)— 
(i) by inserting "and more advanced" after "basic"; 
and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 807 
(ii) by inserting "and problem-solving" after "aca-
demic"; and 
(I) by inserting after paragraph (6) (as redesignated by 
subparagraph (D) of this section) the following new para-
graph: 
"(7) successful methods for providing students, to the maxi-
mum extent practicable, with experience in and understanding 
of all aspects of the industry such students are preparing to 
enter; and"; 
(2) by amending subsection Ot)) to read as follows: 
"(b) In addition, the Secretary shall support meritorious, unsolic-
ited research proposals from individual researchers, community 
colleges. State advisory councils, and State and local educators 
relating to the goals of this Act."; 
(3) by redesignating subsections (c) and (d) as subsections (d) 
and (e), respectively; 
(4) by inserting after subsection (b) the following new 
subsection: 
"(c) DISSEMINATION.—(1) The Secretary shall establish a system 
for disseminating information resulting from research and develop-
ment activities carried out under this Act. In establishing such 
system, the Secretary shall use existing dissemination systems, 
including the National Diffusion Network, the National Center or 
Centers for Research in Vocational Education, and the National 
Network for Curriculum Coordination in Vocational and Technical 
Education, in order to assure broad access at the State and local 
levels to the information being disseminated. 
"(2)(A) In order to comply with paragraph (1), the Secretary shall 
Grants, 
establish through grants or contracts a National Network for 
Contracts. 
Curriculum Coordination in Vocational and Technical Education (in 
this paragraph referred to as the 'Network') consisting of 6 regional 
curriculum coordination centers. The Network shall— 
"(i) provide national dissemination of information on effective 
vocational education programs and materials, with particular 
attention to regional programs; 
"(ii) be accessible by electronic means; 
"(iii) provide leadership and technical assistance in the 
design, development, and dissemination of curricula for voca-
tional education; 
"(iv) coordinate the sharing of information among the States 
with respect to vocational education curricula; 
"(v) reduce duplication of effort in State activities for the 
development of vocational education curricula; and 
"(vi) promote the use of research findings with respect to 
vocational education curricula. 
"(B) The Secretary shall encourage the designation by each State 
of a liaison representative for the Network."; 
(5) in paragraph (1) of subsection (e) (as redesignated in 
paragraph (3)) by striking "(1)"; and 
(6) by striking paragraph (2) of subsection (e) (as redesignated 
in paragraph (3)). 
SEC. 404. NATIONAL ASSESSMENT. 
Section 403 of the Act is amended to read as follows: 
20 USC 2403. 
104 STAT. 808 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"SEC. 403. NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION PRO-
GRAMS. 
"(a) IN GENERAL.—(1) The Office of Education Research and 
Improvement (in this section referred to as the 'Office') shall con-
duct a national assessment of vocational education programs as-
sisted under this Act, through studies and analyses conducted 
independently through competitive awards. 
"(2) The Office shall appoint an independent advisory panel, 
consisting of vocational 
education 
administrators, 
educators, 
researchers, and representatives of business, industry, labor, and 
other relevant groups, to advise the Office on the implementation of 
such assessment, including the issues to be addressed, the methodol-
ogy of the studies, and the findings and recommendations. The 
panel, at its discretion, may submit to the Congress an independent 
analysis of the findings and recommenda,tions of the assessment. 
The Federal Advisory Committee Act shall not apply to the panel 
established under this paragraph. 
"(b) CONTENTS.—The assessment required under subsection (a) 
shall include descriptions and evaluations of— 
"(1) the effect of this Act on State and tribal administration of 
vocational education programs and on local vocational edu-
cation practices, including the capacity of State, tribal and local 
vocational education systems to address the priorities identified 
in this Act; 
"(2) expenditures at the Federal, State, tribal and local levels 
to address program improvement in vocational education, 
including the impact of Federal allocation requirements (such 
as within-State allocation formulas) on the delivery of services; 
"(3) preparation and qualifications of teachers of vocational 
and academic curricula in vocational education programs, as 
well £is shortages of such teachers; 
"(4) participation in vocational education programs, includ-
ing, in particular, access of individuals who are members of 
special populations to high-quality vocational education pro-
grams and the effect on the delivery of services to such popu-
lations, of Federal legislation giving States flexibility in allocat-
ing funds to serve such populations; 
"(5) academic and employment outcomes of vocational edu-
cation, including analyses of— 
"(A) the effect of educational reform on vocational edu-
cation; 
"(B) the extent and success of integration of academic and 
vocational curricula; 
"(C) the success of the school-to-work transition; and 
"(D) the degree to which vocational training is relevant to 
subsequent employment; 
"(6) employer involvement in, and satisfaction with, voca-
tional education programs; 
"(7) the effect of performance standards and other measures 
of accountability on the delivery of vocational education serv-
ices; 
"(8) the effect of Federal requirements regarding criteria for 
services to special populations, participatory planning in the 
States, and articulation between secondary and postsecondary 
programs; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 809 
"(9) coordination of services under this Act, the Adult Edu-
cation Act, the Job Training Partnership Act, the National 
Apprenticeship Act, the Rehabilitation Act of 1973, and the 
Wagner-Peyser Act; and 
"(10) the degree to which minority students are involved in 
vocational student organizations. 
"(c) CONSULTATION.—(1) The Secretary shall consult with the 
Committee on Labor and Human Resources of the Senate and the 
Committee on Education and Labor of the House of Representatives 
in the design and implementation of the sissessment required under 
subsection (a). 
"(2) The Secretary shall submit to the Congress— 
Reports. 
"(A) an interim report on or before January 1, 1994; and 
"(B) a final report, summarizing all studies and analyses 
completed after the assessment, on or before July 1, 1994. 
"(3) Notwithstanding any other provision of law or regulation, the 
reports required by this subsection shall not be subject to any review 
outside of the Office of Educational Research and Improvement 
before their transmittal to the Congress, but the President, the 
Secretary, and the independent advisory council established under 
subsection (a)(2) may make such additional recommendations to the 
Congress with respect to the assessment as they deem appropriate. 
"(d) STUDY.—(1) The assessment required by subsection (a) shall 
include a study of the distribution of Federal vocational education 
funds to the States. The study shall— 
"(A) consider the distributional effects of the formula for 
allocation to the States established in section 101(a)(2), includ-
ing the age cohorts and the per capita income allotment ratios; 
'(B) examine the impact that various other factors such as 
State tax capacity, tax effort, per capita income, poverty and 
educational achievement, could have in achieving the Federal 
goals and policy objectives of this Act; 
"(C) specifically address the appropriate distribution mecha-
nism to serve the target populations of this Act; and 
"(D) explore the use of other possible methods of targeting 
funds to individuals who are members of special populations, 
particularly individuals who are economically disadvgmtaged, 
including the poverty rate of the school-aged population, the 
gross State product per school-aged child, relative tax capacity, 
and tax effort of the State, unemployment figures, and dropout 
rates. 
"(2) The findings of the study required by paragraph (1) shall be 
used to formulate recommendations on the most appropriate cri-
teria and methods to direct Federal funds to the States and to 
achieve the Federal goals and policy objectives of this Act. 
"(3) The study required under paragraph (1) shall be completed by 
January 1,1994.". 
SEC. 405. NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCA-
TIONAL EDUCATION. 
Section 404 of the Act is amended to read as follows: 
20 USC 2404. 
"SEC. 404. NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCA-
TIONAL EDUCATION. 
"(a) GENERAL AUTHORITY.—(1) In order to address the purposes of 
Grants, 
this Act through the involvement of a broad array of individuals, 
including both vocational and academic teachers and administra-
104 STAT. 810 
PUBLIC LAW 101-392—SEPT. 25, 1990 
tors, the Secretary is authorized to award a grant or grants for the 
establishment of 1 or 2 national centers in the areas of— 
"(A) applied research and development; and 
"(B) dissemination and training. 
"(2XA) Each entity selected to establish and operate a Center 
pursuant to paragraph (1) shall operate such Center for a period of 5 
years. 
"(B) Beginning after December 31,1992, the Secretary shall award 
an annual grant to the National Center or Centers selected pursu-
ant to paragraph (1) for each of the 5 years such National Center is 
operated. After the third year in which the National Center or 
Centers receive a grant under this section the Secretary shall review 
the research priorities of the National Center or Centers. 
"(3) Of the amount available pursuant to section 451(aXl) for 
purposes of carrying out this section, at least % of such amount 
shall be available for applied research and development. 
"(4XA) The Secretary shall hold a competition at the same point in 
time for the grant or grants for the activities described in paragraph 
(1). Any institution of higher education or consortium of such 
institutions may compete for either or both sets of activities. 
"(B) For the purpose of this section the term 'institution of higher 
education' has the same meaning as provided by section 435(b) of the 
Higher Education Act of 1965. 
"(5) If an institution or consortium demonstrates that it can 
effectively carry out both activities either directly or through 
contracting, such institution or consortium shall be given a pref-
erence in the grant selection. If no institution or consortium dem-
onstrates such capability and 2 grants are awarded, the Secretary 
must assure coordination of the activities under both grants. 
"(6) Not more than 10 percent of each year's budget for the Center 
or for each of the Centers may be used to respond to field-initiated 
needs unanticipated prior to the annual funding period and which 
are in the mission of the Center but not part of the scope of work of 
the grant. 
"(7) The National Center in existence on the date of the enact-
ment of the Carl D. Perkins Vocational and Applied Technology 
Education Act Amendments of 1990 shall continue to operate 
through its 5-year cycle ending December 31,1992. 
"(b) ACTIVITIES.—(1) The applied research and development activi-
ties shall include— 
"(A) economic changes that affect the skills which employers 
seek and entrepreneurs need; 
"(B) integration of academic and vocational education; 
"(C) efficient and effective practices for addressing the needs 
of special populations; 
"(D) efficient and effective methods for delivering vocational 
education; 
"(E) articulation of school and college instruction with high 
quality work experience; 
"(F) recruitment, education, and enhancement of vocational 
teachers and other professionals in the field; 
"(G) accountability processes in vocational education, to in-
clude identification and evaluation of the use of appropriate 
performance standards for student, program, and State-level 
outcomes; 
"(H) effective practices that educate students in all gispects of 
the industry the students are preparing to enter; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 811 
"(I) effective methods for identifying and inculcating literacy 
and other communication skills essential for effective job 
preparation and job performance; 
"(J) identification of strategic, high priority occupational 
skills and skills formation approaches needed to maintain the 
competitiveness of the United States workforce, sustain high-
wage, high-technology jobs and which address national prior-
ities such as technical jobs needed to protect and restore the 
environment; 
"(K) identification of practices and strategies that address 
entrepreneurial development for minority-owned enterprises; 
and 
"(L) upon negotiation with the Center, and if funds are pro-
vided pursuant to subsection (d), such other topics as the Sec-
retary may designate. 
"(2) The Center conducting the activities described in paragraph 
(1) shall annually prepare a study on the research conducted on 
approaches that lead to effective articulation for the education-to-
work transition, including tech-prep programs, cooperative edu-
cation or other work-based programs, such as innovative apprentice-
ship or mentoring approaches, and shall submit copies of such study 
to the Secretary of Education, the Secretary of Labor, the Secretary 
of Health and Human Services, the Committee on Labor and 
Human Resources of the Senate, and the Committee on Education 
and Labor of the House of Representatives. 
"(c) DISSEMINATION AND TRAINING.—(1) The dissemination and 
training activities shall include— 
"(A) teacher and administrator training and leadership 
development; 
"(B) technical assistance to assure that programs serving 
special populations are effective in delivering well-integrated 
and appropriately articulated vocational and academic offerings 
for secondary, postsecondary, and adult students; 
"(C) needs £issessment, design, and implementation of new 
and revised programs with related curriculum materials to 
facilitate vocational-academic integration; 
"(D) evaluation and follow-through to maintain and extend 
quality programs; 
"(E) assistance in technology transfer and articulation of 
program offerings from advanced technology centers to minor-
ity enterprises; 
"(F) assistance to programs and States on the use of account-
ability 
indicators, 
including 
appropriate and innovative 
performance standards; 
"(G) delivery of information and services using advanced 
technology, where appropriate, to increase the effectiveness and 
efficiency of knowledge transfer; 
"(H) development of processes for synthesis of research, in 
cooperation with a broad array of users, including vocational 
and non-vocational educators, employers and labor organiza-
tions; 
"(I) dissemination of exemplary curriculum and instructional 
materials, and development and publication of curriculum 
materials (in conjunction with vocational and non-vocational 
constituency groups, where appropriate); 
"(J) technical assistance in recruiting, hiring, and advancing 
minorities in vocational education; and 
104 STAT. 812 
PUBLIC LAW 101-392--SEPT. 25, 1990 
Appropriation 
authorization. 
Grants. 
20 use 2411. 
20 use 2412. 
"(K) upon negotiation with the Center and if funds are pro-
vided pursuant to subsection (d), such other topics as the Sec-
retary may designate. 
"(2) The Center conducting the activities described in paragraph 
(1) shall annually prepare a study on the dissemination and training 
activities described in paragraph (1) and shall submit copies of such 
study to the Secretary of Education, the Secretary of Labor, the 
Secretary of Health and Human Services, the Committee on Labor 
and Human Resources of the Senate, and the Committee on Edu-
cation and Labor of the House of Representatives. 
"(d) AUTHORIZATION OF OTHER RESEARCH.—There are authorized 
to be appropriated $3,000,000 for the fiscal year 1991 and such sums 
as may be necessary for each of the fiscal years 1992,1993,1994, and 
1995 to carry out such additional activities assigned by the Secretary 
to the National Center in existence on the date of enactment of the 
Carl D. Perkins Vocational and Applied Technology Education Act 
Amendments of 1990 until the termination of its grant on December 
31, 1992 and to carry out the provisions of subsections G)X1)(L) and 
(cXlXK).". 
SEC. 406. DEMONSTRATION PROGRAMS. 
(a) IN GENERAL.—Part B of title IV of the Act is amended to read 
as follows: 
"PART B—DEMONSTRATION PROGRAMS 
"SEC. 411. PROGRAMS AUTHORIZED. 
"(a) IN GENERAL.—From amounts avsiilable pursuant to section 
lOl(aXlXA) in each fiscal year, the Secretary shall make demonstra-
tion grants in accordance with the provisions of this part. 
"(\i) PRIORITY.—In awarding demonstration grants pursuant to 
this part, the Secretary shall give priority to the programs described 
in sections 412 and 413. 
"SEC. 412. MATERIALS DEVELOPMENT IN TELECOMMUNICATIONS. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to make 
grants to nonprofit educational telecommunications entities to pay 
the Federal share of the costs of the development, production, and 
distribution of instructional telecommunications materials and serv-
ices for use in IOCEQ vocational and technical educational schools and 
colleges. 
"Qo) FEDERAL SHARE.—(1) The Federal share of the cost of each 
project assisted under this section shall be 50 percent. 
"(2) The non-Federal share of the cost of each project assisted 
under this section shall be provided from non-Federal sources. 
"(c) USE OF FUNDS.—Grants awarded pursuant to this section may 
be used to provide— 
"(1) a sequential course of study that includes either 
preproduced video courseware or direct interactive teaching 
delivered via satellite, accompanied by a variety of print and 
computer-based instructional materials; 
"(2) the development of individual videocassettes or a series of 
videocassettes that supplement instruction, which shall be 
distributed both via broadcast and nonbroadcast means; 
"(3) videodiscs that produce simulated hands-on training; and 
"(4) teacher training programs for vocational educators and 
administrators and correctional educators. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 813 
"(d) PRIORITY.—In awarding grants under this section the Sec-
retary shall give priority to programs or projects which serve— 
"(1) students in area vocational and technical schools; 
"(2) teachers, administrators, and counselors in need of train-
ing or retraining; 
"(3) out-of-school adults in need of basic skills improvement or 
a high school equivalency diploma to improve the employability 
of such individuals; 
"(4) college students, particularly college students who are 
working toward a 2-year associate degree from a technical or 
community college; 
"(5) workers in need of basic skills, vocational instruction, or 
career counseling to retain employment; and 
"(6) workers who need to improve their skills to obtain jobs in 
high-growth industries. 
"SEC. 413. DEMONSTRATION CENTERS FOR THE TRAINING OF DIS- 
20 USC 2413. 
LOCATED WORKERS. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to estab-
lish 1 or more demonstration centers for the retraining of dislocated 
workers. Such center or centers may provide for the recruitment of 
unemployed workers, vocational evaluation, assessment and coun-
seling services, vocational and technical training, support services, 
and job placement assistance. The design and operation of each 
center shall provide for the utilization of appropriate existing 
Federal, State, and local programs. 
"
O
k
)
) EVALUATION.—The Secretary shall provide for the evaluation 
of each center established under subsection (a). 
"(c) 
DISSEMINATION 
OF 
INFORMATION.—The Secretary 
shall 
disseminate information on successful retraining models developed 
by any center established under subsection (a) through dissemina-
tion programs operated by the Secretary and the Secretary of Labor. 
"(d) ELIGIBLE ORGANIZATIONS.—Any private, nonprofit organiza-
tion that is eligible to receive funding under the Job Training 
Partnership Act is eligible to receive funding under this section. 
"SEC. 414. PROFESSIONAL DEVELOPMENT. 
20 USC 2414. 
"(a) 
TRAINING AND STUDY GRANTS.—(1) The 
Secretary is 
au-
thorized to provide grants to institutions of higher education, State 
educational agencies, or State correctional education agencies to 
provide grants, awards, or stipends— 
"(A) to individuals who are entering the field of vocational 
education; 
"(B) for graduate training in vocational education; 
"(C) for vocational teacher education; and 
"(D) for attracting gifted and talented students in vocational 
programs into further study and professional development. 
"(2) Grants, awards, and stipends awarded under paragraph (1) 
shall provide— 
"(A) opportunities for experienced vocational educators; 
"(B) opportunities for— 
"(i) certified teachers who have been trained to teach in Minorities, 
other fields to become vocational educators, including 
teachers with skills related to vocational fields who can be 
trained as vocational educators, and especially minority 
instructors and instructors with experience in teaching 
individuals who are economically disadvantaged, individ-
104 STAT. 814 
PUBLIC LAW 101-392—SEPT. 25, 1990 
uals with handicaps, students of limited English pro-
ficiency, and adult and juvenile criminal offenders; 
"(ii) individuals in industry who have skills and experi-
ence in vocational fields to be trained as vocational edu-
cators; and 
"(iii) vocational educators to improve or maintain techno-
logical currency in their fields; and 
"(C) opportunities for gifted and talented vocational education 
secondary and postsecondary students to intern with Federal or 
State agencies, nationally recognized vocational education 
associations and student organizations or the National Center 
or Centers for Research in Vocational Education. 
"(b) LEADERSHIP DEVELOPMENT AWARDS.—(1) In order to meet the 
needs of all States for qualified vocational education leaders (such as 
administrators, supervisors, teacher educators, researchers, career 
guidance and vocational counseling personnel, vocational student 
organization leadership personnel and teachers in vocational edu-
cation programs), the Secretary shall make grants to institutions of 
higher education for leadership development awards. Individuals 
selected for such awards shall— 
"(A) have not less than 3 years of experience in vocational 
education or in industrial training, or, in the case of research-
ers, experience in social science research which is applicable to 
vocational education; 
"(B) are currently employed or are reasonably assured of 
employment in vocational education and have successfully com-
pleted at least a baccalaureate degree program; 
"(C) are recommended by their employer, or others, as having 
leadership potential in the field of vocational education and 
have been accepted for admission as a graduate student in a 
program of higher education approved by the Secretary; and 
"(D) have made a commitment to return to the field of 
vocational education upon completion of education provided 
through the leadership development award. 
"(2) For a period of not more than 3 years, stipends shall be paid 
to individuals selected for leadership development awards. Such 
stipends shall be paid (including allowances for tuition, nonrefund-
able fees, and other expenses for such individuals and their depend-
ents) as may be determined to be consistent with prevailing 
practices. 
"(3) The Secretary may provide grants to institutions for stipends 
to individuals, which shall not exceed $9,000 per individual per 
academic year or its equivalent and $3,000 per individual per 
summer session or its equivalent. 
"(4) The Secretary shall approve the application of the vocational 
education program of an institution of higher education for the 
purposes of this section only upon finding that— 
"(A) the institution offers a comprehensive program in voca-
tional education with adequate supporting services and dis-
ciplines such as education administration, career guidance and 
vocational counseling, research, and curriculum development; 
"(B) such program is designed to substantially advance the 
objective of improving vocational education through providing 
opportunities for graduate training of vocational teachers, 
supervisors, and administrators, and of university-level voca-
tional education teacher educators and researchers; and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 815 
"(C) such programs are conducted by a school of graduate 
study in the institution of higher education. 
"(5) The Secretary, in carrying out this subsection shall apportion 
leadership development awards to institutions of higher education 
equitably among the States, taking into account such factors as the 
State's vocational education enrollments and the need for additional 
vocational education personnel in the State. 
"(6) Each individual who receives a leadership development award 
' 
under this subsection shall receive payments as provided in para-
graph (2) for not more than a 3-year period during which such 
individual is— 
"(A) pursuing a full-time course of study in vocational edu-
cation in an approved institution of higher education; 
"(B) maintaining satisfactory proficiency in such course of 
study; and 
"(C) not engaged in gainful employment other than part-time 
employment by such institution in teaching, research, or simi-
lar activities. 
"(c) VOCATIONAL EDUCATOR TRAINING FELLOWSHIPS.—(1) The pur-
pose of this subsection is to provide fellowships— 
"(A) to meet the need to provide adequate numbers of teach-
ers and related classroom instructors in vocational education 
who are technologically current in their fields; 
"(B) to take full advantage of the education which has been 
provided to already certified teachers who are unable to find 
employment in their fields of training and of individuals em-
ployed in industry who have skills and experience in vocational 
fields; and 
"(C) to encoursige more instructors from minority groups and 
teachers with skills and experience with individuals of limited 
English proficiency to become vocational education teachers. 
"(2) The Secretary shall make available fellowships, in accordance 
Minorities. 
with the provisions of this subsection, to individuals (especially 
minority instructors and instructors with experience in teaching 
individuals who are economically disadvantaged, individuals with 
disabilities, students of limited English proficiency, and adult and 
juvenile criminal offenders) who— 
"(A)(i)(I) are employed in vocational education and need an 
opportunity to improve or maintain technological skills; 
'(11) are certified by a State, or were so certified during the 
10-year period preceding their application for a fellowship 
under this subsection, as teachers in secondary schools, area 
vocational education schools or institutes, or in community or 
junior colleges; and 
"(III) have skills and experiences in vocational fields so that 
such individuals can be trained to be vocational educators; or 
"(ii) are employed in agriculture, business, or industry (and 
may or may not hold a baccalaureate degree) and have skills 
and experience in vocational fields for which there is a need for 
vocational educators; 
"(B) have been accepted in a program to become a vocational 
educator by an institution of higher education approved by the 
Secretary; and 
"(C) have made a commitment to work in the field of voca-
tional education upon completion of such program. 
"(2) The Secretary shall, for a period of not more than 2 years, 
provide stipends to individuals who are awarded fellowships under 
104 STAT. 816 
PUBLIC LAW 101-392—SEPT. 25, 1990 
this subsection (including such allowances for tuition, nonrefund-
able fees, subsistence and other expenses for such individuals and 
the dependents of such individuals) as the Secretary may determine 
to be consistent with prevailing practices. 
"(3) The Secretary shall approve an institution of higher edu-
cation under this subsection i
f
— 
"(A) the institution offers a comprehensive program in voca-
tional education with adequate supporting services and dis-
ciplines such as education administration, career guidance and 
vocational counseling, research and curriculum development; 
and 
"(B) such program is available to individuals receiving fellow-
ships under this subsection so that such individuals receive the 
same quality of education and training provided for under-
graduate students at such institution who are preparing to 
become vocational education teachers. 
"(4) The Secretary shall apportion the fellowships available under 
this subsection equitably among the States, taking into account such 
factors as the State's vocational education enrollments, and the 
need in the State for additional vocational educators, especially 
minority educators and individuals with skills and experience in 
teaching individuals of limited English proficiency. 
"(5) Individuals receiving fellowships under this subsection shall 
continue to receive payments provided in paragraph (2) only during 
such period as such individuals— 
"(A) are maintaining satisfactory proficiency; 
"(B) are devoting full time to study in the field of vocational 
education in an institution of higher education; and 
"(C) are not engaging in gainful emplojntnent other than part-
time employment by such institution. 
"(6)(A) The Secretary shall, before the beginning of each fiscal 
year for which amounts are appropriated or otherwise made avail-
able to carry out this subsection, publish a listing o
f
— 
"(i) the areas of teaching in vocational education in need of 
additional personnel; 
"(ii) the areas of teaching which will likely have need of 
additional personnel in the future; and 
"(iii) areas of teaching in which technological upgrading may 
be especially critical. 
"(B) The listing required by subparagraph (A) shall be based on 
information from the National Occupational Information Coordinat-
ing Committee, 
State 
occupational 
information 
coordinating 
committees, the vocational education data system established pursu-
ant to section 421, and other appropriate sources. 
"(7) In selecting recipients for fellowships under this subsection, 
the Secretary shall, to the maximum extent practicable, grant 
fellowships to individuals seeking to become teachers or improve 
their skills in the areas identified in the listing required by para-
graph (6)(A). 
"(d) INTERNSHIPS FOR GIFTED AND TALENTED STUDENTS.—(1) The 
purpose of this subsection is to provide stipends for internships to 
meet the need of attracting gifted and talented vocational education 
students into further study and professional development in the 
field of vocational education. 
"(2)(A) The Secretary shall, from recommendations provided by 
State directors of vocational education, select gifted and talented 
students from vocational education secondary and postsecondary 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 817 
programs to work as interns for Federal and State agencies, nation-
ally recognized vocational education associations, or the National 
Center or Centers for Research in Vocationgd Ekiucation, Each such 
student shall receive a stipend for the period of the student's 
internship, which shall not exceed 9 months. Such stipend shall 
cover subsistence and other expenses for such individuals and shall 
be in such amount as the Secretary may determine to be consistent 
with prevailing practices. 
"(B) Each individual selected under this paragraph shall have 
been recommended as gifted and talented by a vocational educator 
at the secondary or postsecondary school the student attends. 
"(C) Each individual selected under this paragraph shall, during 
the period of such individual's internship, be provided with profes-
sional supervision by an individual qualified and experienced in the 
field of vocational education at the agency or institution at which 
the internship is offered. 
"SEC. 415. BLUE RIBBON VOCATIONAL EDUCATION PROGRAMS. 
20 USC 2415. 
"(a) INFORMATION DISSEMINATION.—The Secretary is authorized to 
disseminate information and exemplary materials regarding effec-
tive vocational education. 
"(b) STANDARDS OF EXCELLENCE.—(1) The Secretary, in consulta-
tion with the National Center or Centers for Research in Vocational 
Education (in this section referred to as the 'National Center or 
Centers for Research'), the National Diffusion Network, and the 
Blue Ribbon Schools Program, is authorized to carry out programs 
to recognize secondary and postsecondary schools or programs 
which have established standards of excellence in vocational edu-
cation and which have demonstrated a high level of quality. Such 
schools and programs shall be known as 'Blue Ribbon Vocational 
Programs'. The Secretary shall competitively select schools and 
programs to be recognized from among public and private schools or 
programs within the States and schools funded by the Department 
of the Interior. 
"(2) In the case of a private school or vocational education pro-
gram that is designated £is a Blue Ribbon Vocational Education 
Progrgim, the Secretary shall make suitable arrangements to pro-
vide the award to such school. 
"(c) AWARDS.—(1) The Secretary, in consultation with the National 
Center or C!enters for Research and the National Occupational 
Information Coordinating Committee (in this section referred to as 
the 'Committee'), is authorized to designate each fiscal year a 
category or several categories of vocational education, which may 
include tech-prep education, in which Blue Ribbon Vocational Edu-
cation Program awards will be named. Such categories shall empha-
size the expansion or strengthening of the participation of individ-
uals who are members of special populations and may give special 
consideration to any of the following: 
"(A) program improvement; 
"(B) academic and occupational competencies; and 
"(C) other categories determined by the Secretary in consulta-
tion with the National Center or Centers for Research and the 
Committee. 
"(2) Within each category, the Secretary shall determine the 
criteria and procedures for selection. Selection for such awards shall 
be based solely on merit. Schools or programs selected for awards 
104 STAT. 818 
PUBLIC LAW 101-392—SEPT. 25, 1990 
under this section shall not be required to be representative of the 
States. 
"(d) CONSULTATION.—(1) The Secretary shall carry out the provi-
sions of this section, including the establishment of the selection 
procedures, after consultation with appropriate outside parties. 
"(2) No award may be made under this section unless the local 
educational agency, area vocational education school, intermediate 
educational agency, tribal authority. Bureau of Indian Affairs, or 
appropriate State agency with jurisdiction over the school or pro-
gram involved submits an application to the Secretary at such time, 
in such manner and containing such information as the Secretary 
may reasonably require. 
20 use 2416. 
"SEC. 416. DEVELOPMENT OF BUSINESS AND EDUCATION JTANDARDS. 
"(a) FINDINGS.—The Congress finds that, in order to meet the 
needs of business for competent entry-level workers who have re-
ceived a quality vocational education, national standards should be 
developed for competencies in industries and trades. 
"(b) GENERAL AUTHORITY.—(1) The Secretary, in consultation with 
the Secretary of Labor, is authorized to establish a program of 
grants to industrial trade associations, labor organizations, or com-
parable national organizations for purposes of organizing and 
operating business-labor-education technical committees. 
"(2) The committees established with assistance under this section 
shall propose national standards for competencies in industries and 
trades. Such standards shall at least include standards for— 
"(A) major divisions or specialty areas identified within 
occupations studied; 
"(B) minimum hours of study to be competent in such divi-
sions or specialty areas; 
"(C) minimum tools and equipment required in such divisions 
or specialty areas; 
"(D) minimum qualifications for instructional staff; and 
"(E) minimum tasks to be included in any course of study 
purporting to prepare individuals for work in such divisions or 
specialty areas. 
"(c) MATCHING REQUIREMENT.—Each recipient of a grant under 
this section shall agree to provide for the committee to be estab-
lished under the grant an amount equal to the amount provided 
under the grant. 
"(d) 
APPUCATION.—Any 
industrial 
trade 
association, 
labor 
organization, national joint apprenticeship committee, or com-
parable national organization that desires to receive a grant under 
this section shall submit to the Secretary an application at such 
time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. 
20 use 2417. 
"SEC. 417. EDUCATIONAL PROGRAMS FOR FEDERAL CORRECTIONAL 
INSTITUTIONS. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants to Federal correctional institutions in consortia with edu-
cational institutions, community-based 
organizations of dem-
onstrated effectiveness, or business and industry, to provide 
education and training for criminal offenders in such institutions. 
"(b) USE OF FUNDS.—Grants awarded pursuant to this section may 
be used for— 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 819 
"(1) basic education programs with an emphasis on literacy 
instruction; 
"(2) vocational training programs; 
"(3) guidance and counseling programs; and 
"(4) supportive services for criminal offenders, with special 
emphasis on the coordination of educational services with agen-
cies furnishing services to criminal offenders after such offend-
ers are released from correctional institutions. 
"SEC. 418. DROPOUT PREVENTION. 
20 USC 2418. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants to partnerships between— 
"(1) local educational agencies or area vocational education 
schools; and 
"(2) institutions of higher education or public or private 
nonprofit organizations which have an established record of 
vocational education strategies that prevent students from drop-
ping out of school. 
"(b) USE OF FUNDS.—Grants awarded under this section shall be 
used to develop, implement, and operate vocational education pro-
grams designed to prevent students from dropping out of school. 
Such programs shall— 
"(1) serve special populations, including significant numbers 
of economically disadvantaged dropout-prone youth; 
"(2) provide inservice training for teachers and administra-
tors in dropout prevention; and 
"(3) disseminate information relating to successful dropout 
prevention strategies and programs through the National Drop-
out Prevention Network and the Center on Adult, Career and 
Vocational Education of the Educational Resources Information 
Clearinghouse. 
"(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to partnerships which— 
"(1) provide the special support services necessary to help 
individual students successfully complete the program such as 
mentoring, basic skills education, £ind services which address 
barriers to learning; and 
"(2) utilize measures to integrate basic and academic skills 
instruction with work experience and vocational education. 
"SEC. 419. MODEL PROGRAMS OF REGIONAL TRAINING FOR SKILLED 
20 USC 2419. 
TRADES. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants to regional model centers which provide— 
"(1) training for skilled tradesmen within a region serving 
several States, and 
"(2) technical assistance for programs which train such 
tradesmen within a region serving several States. 
"(b) USE OF FUNDS.—The regional model centers described in 
subsection (a) shall— 
"(1) provide trsiining and career counseling for skilled trades-
men in areas of skill shortages or projected skilled shortages; 
^ 
"(2) provide prejob and apprenticeship training and career 
counseling in skilled trades; 
"(3) upgrade specialized craft training; and 
104 STAT. 820 
PUBLIC LAW 101-392—SEPT. 25, 1990 
Women. 
Minorities. 
Disadvantaged 
persons. 
Handicapped 
persons. 
20 u s e 2420. 
20 u s e 2420a. 
eontracts. 
"(4) improve the access of women, minorities, economically 
disadvantaged individuals, individuals with handicaps and ex-
criminal offenders to trade occupations and training. 
"(c) SPECIAL RULE.—In awarding grants under this section, and to 
the extent practicable, the Secretary shall ensure an equitable 
distribution of funds available under this section to the various 
skilled trades. 
"SEC. 420. DEMONSTRATION PROJECTS FOR THE INTEGRATION OF VOCA-
TIONAL AND ACADEMIC LEARNING. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants to institutions of higher education, area vocational education 
schools, local educational agencies, secondary schools funded by the 
Bureau of Indian Affairs, State boards, public or private nonprofit 
organizations, or any consortia thereof, to develop, implement and 
operate programs using different 
models of curricula which 
integrate vocational and academic learning by— 
"(1) designing integrated curricula and courses; 
"(2) providing inservice training for teachers and administra-
tors in integrated curricula; and 
"(3) disseminating information regarding effective integrative 
strategies to other school districts through the National Diffu-
sion Network established under section 1562 of the Elementary 
and Secondary Education Act of 1965. 
"(b) REQUIREMENTS RELATING TO GRANT AWARDS.—In awarding 
grants under this section, the Secretary shall ensure— 
"(1) an equitable geographic distribution of funds awarded 
pursuant to this section; 
"(2) that programs supported under this section offer signifi-
cantly different approaches to integrating curricula; 
"(3) that the programs supported under this section serve 
individuals who are members of special populations; 
"(4) that programs supported under this section serve— 
"(A) vocational students in secondary schools and at post-
secondary institutions; 
"(B) individuals enrolled in adult programs; and 
"(C) single parents, displaced homemakers, and single 
pregnant women; and 
"(5) that adequate evaluation measures will be employed to 
measure the effectiveness of the curriculum approaches sup-
ported under this section. 
"SEC. 420A. COOPERATIVE DEMONSTRATION PROGRAMS. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to carry 
out, directly or through grants to or contracts with State and local 
educational 
agencies, 
postsecondary 
educational 
institutions, 
institutions of higher education, and other public and private agen-
cies, organizations, and institutions, programs and projects which 
support— 
"(1) model programs providing improved access to quality 
vocational education programs for those individuals described 
in section 521(31) of this Act and for men and women seeking 
nontraditional occupations; 
"(2) examples of successful cooperation between the private 
sector and public agencies in vocational education, involving 
employers or consortia of employers or labor organizations and 
building trade councils, and State boards or eligible recipients 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 821 
designed to demonstrate ways in which vocational education 
and the private sector of the economy can work together effec-
tively to assist vocational education students to attain the 
advanced level of skills needed to make the transition from 
school to productive employment, including— 
"(A) work experience and apprenticeship programs; 
"(B) transitional worksite job training for vocational edu-
cation students which is related to their occupational goals 
and closely linked to clsissroom and laboratory instruction 
provided by an eligible recipient; 
"(C) placement services in occupations which the students 
are preparing to enter; 
"(D) where practical, projects (such as the rehabilitation 
of public schools or housing in inner cities or economically 
depressed rural areas) that will benefit the public; and 
"(E) employment-based learning programs; 
"(3) programs to overcome national skill shortages, as des-
ignated by the Secretary in cooperation with the Secretary of 
Labor, Secretary of Defense, and Secretary of Commerce; 
"(4) model programs described in section 312(b)(1), including 
child growth and development centers; 
"(5) grants to community-based organizations in partnerships 
with local schools, institutions of higher education, and 
businesses for programs and projects that assist disadvantaged 
youths in preparing for technical and professional health ca-
reers (which partnerships should include in-kind contributions 
from such schools, institutions, and businesses and involve 
health professionals serving as preceptors and counselors); and 
"(6) model programs providing improved access to vocational 
education programs through centers to be known as agriculture 
action centers, which programs shall be operated under regula-
tions developed by the Secretary in consultation with the Sec-
retary of Labor and— 
"(A) shall assist— 
"(i) individuals who are adversely affected by farm 
and rural economic downturns; 
"(ii) individuals who are dislocated from farming; and 
"(iii) individuals who are dislocated from agricul-
turally-related businesses and industries that are ad-
versely 
affected 
by 
farm 
and 
rural 
economic 
downturns; 
"(B) shall provide services, including— 
"(i) crisis management counseling and outreach 
counseling that would include members of the family of 
the affected individual; 
"(ii) evaluation of vocational skills and counseling on 
enhancement of such skills; 
"(iii) assistance in obtaining training in basic, 
remedial, and literacy skills; 
"(iv) assistance in seeking employment and training 
in employment-seeking skills; and 
"(v) assistance in obtaining training related to 
operating a business or enterprise; 
"(C) shall provide for formal and on-the-job training to 
the extent practicable; and 
Regulations. 
Agriculture and 
agricultural 
commodities. 
Rural areas. 
Emplojonent 
and 
unemployment. 
104 STAT. 822 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(D) shall be coordinated with activities and discretionary 
programs conducted under title III of the Job Training 
Partnership Act. 
"(bXD Projects described in clause (2) of subsection (a) may include 
institutional and on-the-job training, supportive services authorized 
by this Act, and such other necessary assistance as the Secretary 
determines to be necessary for the successful completion of the 
project. 
"(2) Not less than 25 percent of the cost of the demonstration 
programs authorized by this subpart shall be provided by the recipi-
ent of the grant or contract, and such share may be in the form of 
cash or in-kind contributions, including facilities, overhead, person-
nel, and equipment fairly valued. 
"(c) All programs assisted under this section shall be— 
"(1) of direct service to individuals enrolled in such programs; 
and 
"(2) capable of wide replication by service providers. 
"(d) The Secretary shall disseminate the results of the programs 
and projects assisted under this section in a manner designed to 
improve the training of teachers, other instructional personnel, 
counsellors, and administrators who are needed to carry out the 
purposes of this Act.". 
SEC. 407. DATA SYSTEMS AUTHORIZED. 
Section 421 of the Act (20 U.S.C. 2421) is amended to read as 
follows: 
"SEC. 421. DATA SYSTEMS AUTHORIZED. 
Contracts. 
"(a) ESTABLISHMENT OF SYSTEM.—(1) The Secretary shall, directly, 
or by grant, contract or cooperative agreement, establish a voca-
tional educational data system (in this section referred to as the 
'system'), using comparative information elements and uniform 
definitions, to the extent practicable. 
"(2) The Secretary shall establish the system not later than the 
end of the 6-month period beginning on the date of the enactment of 
the Carl D. Perkins Vocational and Applied Technology Education 
Act Amendments of 1990. 
"(3) The National Center for Education Statistics (in this section 
referred to as the 'National Center') shall coordinate the develop-
ment and implementation of the system, 
"(b) FUNCTIONS OF SYSTEM.—Through the system, the Secretary 
shall collect data and analyze such data in order to provide— 
"(1) the Congress with information relevant to policymaking; 
and 
"(2) Federal, State, and local agencies and Tribal agencies 
with information relevant to program management, administra-
tion and effectiveness with respect to education and employ-
ment opportunities. 
"(c) CONTENTS OF SYSTEM.—(1)(A) The system shall include 
information— 
"(i) describing the major elements of the vocational education 
system on at least a national basis, including information with 
respect to teachers, administrators, students, facilities, and, to 
the extent practicable, equipment; and 
"(ii) describing the condition of vocational education with 
respect to the elements described in clause (i). 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 823 
"(B) The information described in subparagraph (A) shall be 
provided, to the extent practicable, in the context of other edu-
cational data relating to the condition of the overall education 
system. 
"(C) The Secretary, in consultation with the Task Force, the 
National Center, and the Office of Adult and Vocational Education 
(in this section referred to as the 'Office'), shall modify existing 
general purpose and program data systems to ensure that an appro-
priate vocational education component is included in the design, 
implementation and reporting of such systems in order to fulfill the 
information requirements of this section. 
"(2) The information system shall include data reflecting the 
extent of participation of the following populations: 
"(A) women; 
"(B) Indians; 
"(C) individuals with handicaps; 
"(D) individuals of limited English proficiency; 
"(E) economically disadvantaged students (including informa-
tion on students in rural and urban areas); 
"(F) adults who are in need of training and retraining; 
"(G) single parents; 
"(H) youths incarcerated in juvenile detention or correctional 
facilities or criminal offenders who are serving time in correc-
tional institutions; 
"(I) individuals who participate in programs designed to elimi-
nate gender bias and sex stereotj^jing in vocational education; 
"(J) minorities; and 
"(K) displaced homemakers. 
"(3) The Secretary, in consultation with the National Center and 
the Office, shall maintain and update the system at least every 3 
years and assure the system provides the highest quality statistics 
and is adequate to meet the information needs of this Act. In Handicapped 
carrjdng out the requirements of this paragraph, the Secretary shall persons, 
ensure that appropriate methodologies are used in assessments of 
students of limited English proficiency and students with handicaps 
to ensure valid and reliable comparisons with the general student 
population and across program areas. With respect to standardized 
tests and assessments administered under this Act, test results shall 
be used as 1 of multiple independent indicators in assessment of 
performance and achievement. 
"(d) 
ASSESSMENT 
OF 
INTERNATIONAL 
COMPETITIVENESS.—The 
Center shall carry out an assessment of data availability and ade-
quacy with respect to international competitiveness in vocational 
skills. To the extent practicable, the assessment shall include 
comparative policy-relevant data on vocational education in nations 
which are major trade partners of the United States. The assess-
ment shall at a minimum identify available 
internationally 
comparative data on vocational education and options for obtaining 
and upgrading such data. The results of the assessment required by 
this paragraph shall be reported to the appropriate committees of Reports, 
the Congress not later than August 31,1994. 
"(e) USE OF AND COMPATIBIUTY WITH OTHER DATA COLLECTION 
SYSTEMS.—(1) In establishing, maintaining, and updating the 
system, the Secretary shall— 
"(A) use existing data collection systems operated by the 
Secretary and, to the extent appropriate, data collection sys-
tems operated by other Federal agencies; 
104 STAT. 824 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(B) conduct additional data collection efforts to augment the 
data collection systems described in subparagraph (A) by provid-
ing information necessary for policy analysis required by this 
section; and 
"(C) use any independent data collection efforts that are 
complementary to the data collection efforts described in sub-
paragraphs (A) and (B). 
"(2) In carrying out the responsibilities imposed by this part, the 
Secretary shall cooperate with the Secretary of Commerce, the 
Secretary of Labor, and the National Occupational Information 
Coordinating Committee established under section 422 with respect 
to the development of an information system under section 463 of 
the Job Training Partnership Act to ensure that the information 
system operated under this section is compatible with and com-
plementary to other occupational supply and demand information 
systems developed or maintained with Federal assistance. The Sec-
retary shall also ensure that the system allows international 
comparisons to the extent feasible. 
"(3) The Secretary shall assure that the system, to the extent 
practicable, uses data definitions common to State plans, perform-
ance standards, local applications and evaluations required by this 
Act. The data in the system shall be available for use in preparing 
such plans, standards, applications, and evaluations. 
"(f) REPORTS.—The Secretary shall report to the Congress at least 
biennially with respect to— 
"(1) the performance of the system established under subsec-
tion (a); and 
"(2) strategies to improve the system and expand its 
implementation. 
"(g) VOCATIONAL EDUCATION ADVISORY TASK FORCE.—(1) The Sec-
retary, in consultation with the National Center and the Office shall 
establish a Vocational Education Advisory Task Force. 
Termination 
"(2) The Secretary shall establish the Task Force before the 
date. 
expiration of the 90-day period beginning on the date of the enact-
ment of the Carl D. Perkins Vocational and Applied Technology 
Education Act Amendments of 1990, and shall terminate upon the 
expiration of the 2-year period beginning on such date. 
(3) The Task Force shall advise the Secretary on the development 
and implementation of an information reporting and accounting 
system responsive to the diverse programs supported by this Act. 
"(4) The membership of the Task Force shall be representative of 
Federal, State, and local agencies and Tribal agencies affected by 
technological information, representatives of secondary and voca-
tional postsecondary educational institutions, representatives of 
vocational student organizations, representatives of special popu-
lations, representatives of adult training programs funded under 
this Act, and representatives of apprenticeships, business, and 
industry. 
"(5) The National Center shall provide the Task Force with staff 
for the purpose of carrying out its functions. 
Reports. 
"(h) ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.—As a 
regular part of its assessments, the National Assessment of Edu-
cational Progress shall collect and report information for at least a 
nationally representative subsample of vocational education stu-
dents, including students who are members of special populations, 
which shall allow for fair and accurate assessment and comparison 
of the educational achievement of vocational education students and 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 825 
other students in the areas assessed. Such assessment may include 
international comparisons.". 
SEC. 408. NATIONAL 
OCCUPATIONAL 
INFORMATION 
COORDINATING 
COMMITTEE. 
(a) AMENDMENT TO HEADING.—The heading for section 422 of the 
Act is amended to read as follows: 
20 u s e 2422. 
NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE . 
(b) AMENDMENT TO TEXT.—Section 422 of the Act is amended— 
(1) in subsection (a)— 
(A) by inserting after "Coordinating Committee" the fol-
lowing: "(in this section referred to as the 'Committee')"; 
(B) by inserting after "Office of Bilingual Education and 
Minority Language Affairs," the following: "the Assistant 
Secretary for Postsecondary Education,"; 
(C) by striking "(Manpower, Reserve Affairs, £md Logis-
tics)" and inserting "(Force Management and Personnel)"; 
(D) in paragraph (2), by inserting before the semicolon the 
following: ", including regularly updated data on employ-
ment demand for sigribusiness"; 
(E) in paragraph (3)— 
(i) by striking "conduct studies on" and inserting the 
following: "conduct studies to improve the quality and 
delivery of occupational information systems to assist 
economic development activities, and examine"; and 
(ii) by striking "and" at the end thereof; 
(F) by redesignating paragraph (4) as paragraph (6); and 
(G) by inserting after paragraph (3) the following new 
paragraphs: 
"(4) continue training, technical assistance activities to sup-
port comprehensive career guidance, and vocational counseling 
programs designed to promote improved career decisionmaking 
by individuals (especially in areas of career information deliv-
ery and use); 
"(5) coordinate the efforts of Federal, State, and local agencies 
and Tribal agencies with respect to such programs; and"; 
(2) by adding at the end the following new subsections: 
"(c)(lXA) The Committee, in consultation with the National 
Center or Centers for Research in Vocational Education, appro-
priate Federal agencies, and the States, shall establish a demonstra-
tion program to monitor educational outcomes for vocational edu-
cation using wage and other records. The Committee shall develop 
procedures for establishing and maintaining nationally accessible 
information on a sample of wage and earning records maintained by 
States on earnings, establishment and industry affiliation and geo-
graphical location, and on educational activities. This information 
shall be collected on at least an annual basis. The program shall 
ensure that a scientific sample of vocational education students and 
nonvocational education students, local educational agencies, and 
States participate in the program. The Committee shall maintain, 
analyze, and report data collected under the program and shall 
provide technical assistance to States, local educational agencies, 
and others that wish to participate in the study. 
"(BXi) Participation in the program described in subparagraph (A) 
shall be voluntary. The Committee shall enter into an agreement 
Wages. 
Records. 
Reports. 
Contracts. 
104 STAT. 826 
PUBLIC LAW 101-392—SEPT. 25, 1990 
with any State which desires to carry out a study for the State under 
this subsection. Each such agreement shall contain provisions 
designed to assure— 
"(I) that the State will participate in the study; 
"(11) that the State will pay from non-Federal sources the non-
Federal share of participation; and 
"(III) that the State agrees to the terms and conditions speci-
fied in this section. 
"(ii) For each fiscal year, the non-Federal share for the purpose of 
this program shall be the cost of conducting the study in the State, 
including the cost of administering the assessment for the State 
sample and the cost of coordination within the State. 
"(2) The program shall provide for an independent evaluation 
conducted by the Office of Technology Assessment of the Congress to 
assess the validity, fairness, accuracy, and utility of the data it 
produces. The report shall also describe the technical problems 
encountered and a description of what was learned about how to 
best implement and utilize data from the program. 
"(3) The provision of wage and other records to the Committee by 
a State employment security agency shall be voluntary and pursu-
ant to an agreement between the Committee and the agency. Such 
agreement shall take into consideration issues such as— 
"(A) reimbursing the State employment security agency for 
the costs to the agency of providing the information; and 
"(B) compliance with safeguards established by the State 
employment security agency and determined by the Secretary 
of Labor to be appropriate to ensure that the information 
disclosed to the Committee is used only for the purposes of this 
subsection. 
Classified 
"(4) The Executive Director of the Committee, in consultation 
information. 
with the Secretary, shall ensure that all personally identifiable 
information about students, their educational performance and 
their families and information with respect to individual schools 
shall remain confidential in accordance with the provisions of sec-
tion 552 of title 5, United States Code. The data gathered under this 
subsection shall not be used to rank, compare, or otherwise evaluate 
individual students or individual schools. No individual may be 
included in the program without that individual's written consent. 
At least once every 3 years the Secretary shall remind participants 
in writing of their inclusion in the program. 
"(d) Of amounts reserved under section 451(a)(3)(A) to carry out 
the provisions of this section, the Committee shall use— 
"(1) to support State occupational information coordinating 
committees for the purpose of operating State occupational 
information systems and career information delivery systems, 
the greater of— 
"(A) an amount equal to the aggregate amount appro-
priated or otherwise made available for that purpose for the 
fiscal year 1990; or 
"(B) an amount equal to 75 percent of the aggregate 
amount appropriated or otherwise made available to carry 
out this section; and 
"(2) for purposes of carrying out subsection (c)— 
"(A) an amount equal to not less than 10 percent of the 
amounts available to carry out this section; or 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 827 
"(B) if the amount remaining after carrying out para-
graph (1) is insufficient to provide the amount described in 
subparagraph (A), such remaining amount.". 
SEC. 409. INFORMATION BASE FOR VOCATIONAL EDUCATION DATA 
SYSTEM. 
Section 423 of the Act is amended to read as follows: 
20 USC 2423. 
"SEC. 423. INFORMATION BASE FOR VOCATIONAL EDUCATION DATA 
SYSTEM. 
"(a) INFORMATION RELATING TO STUDENTS WITH HANDICAPS.—(1) 
The Secretary shall ensure that adequate information on access to 
vocational education by secondary school students with hsmdicaps is 
maintained in the data system established under section 421. 
"(2) The system shall include detailed information obtained 
through scientific sample surveys concerning— 
"(A) t3T)es of programs available; and 
"(B) enrollment of students with handicaps by— 
"(i) t3npe of program; 
"(ii) type of instructional setting; and 
"(iii) tj^e of handicap. 
"(3XA) The General Accounting Office shall conduct a 3-year 
study, using representative samples, of the effects of the amend-
ments made by title II of the Carl D. Perkins Vocational and 
Applied Technology Education Amendments of 1990 on the access to 
and participation in vocational education of disadvantaged students, 
students with handicaps, students of limited English proficiency, 
and, to the extent practicable, foster children. 
"(B) The study shall include consideration of issues such as— 
"(i) the proportion of students described in paragraph (1) who 
are enrolled in vocational education programs during the first 3 
program years to which the amendments made by the Carl D. 
Perkins Vocational and Applied Technology Education Amend-
ments Act of 1990 apply compared to the program year preced-
ing such years; 
*(ii) the number of such students who enroll in vocational 
education programs for the first time during the period of study; 
"(iii) the number of such students who participate in voca-
tional education programs that lead to an occupational skill or 
job placement; 
"(iv) the extent to which academics are incorporated with 
vocational education courses; 
"(v) the manner in which vocational education programs have 
addressed special needs of such students for supportive services, 
material, and equipment; 
"(vi) the comparability of vocational education services pro-
vided to such students with vocational education services pro-
vided to students who are not members of special populations; 
and 
"(vii) in the case of students with handicaps— 
"(I) the types and severity of handicaps of such students 
who enroll in vocational education programs; 
"(II) the extent to which such students participate in the 
same vocational education programs as students who do not 
have handicaps; 
"(III) the number of such students with individualized 
education programs developed under section 614(a)(5) of the 
104 STAT. 828 
PUBLIC LAW 101-392—SEPT. 25, 1990 
Education of the Handicapped Act who have individualized 
education programs that include vocational education pro-
grams; 
"(IV) the extent to which special personnel such as spe-
cial education personnel or vocational 
rehabilitation 
personnel assist in the selection and provision of vocational 
education programs with respect to such students; 
"(V) the extent to which such students and their parents 
are involved in selecting vocational education courses and 
programs; 
"(VI) the number of such students who have returned to 
secondary vocational education programs after dropping 
out of or formally exiting the local educational system; and 
"(VII) the ages of such students. 
"(C) In conducting the study required by this subsection, the 
General Accounting Office may consider and include information 
from other sources to address or augment the issues considered in 
the study. 
Reports. 
"(4) The General Accounting Office shall submit to the appro-
priate committees of the Congress a report describing the results of 
the study conducted as required by this subsection not later than 
July 1,1995. 
"(b) INFORMATION RELATING TO STUDENTS WHO HAVE COMPLETED 
SECONDARY SCHOOL.—(1) To carry out the provisions of this section, 
in accordance with the provisions of section 3 of the Technology 
Assessment Act of 1972, the Office of Technology Assessment shall 
conduct an assessment of a sample of tests designed to be adminis-
tered to students who have completed secondary school to assess the 
level of technical knowledge relating to broad technical fields pos-
sessed by such students. The assessment shall include at least— 
"(A) an assessment of the quality, validity, reliability, and 
predictive capability of widely used vocational aptitude and 
competency tests and assessments, with particular attention 
to— 
"(i) the use of such assessments with respect to students 
who are members of special populations; and 
"(ii) patterns of actual usage with respect to entry into 
vocational education programs, promotion within such pro-
grams, completion of such programs, and placement in 
appropriate positions; 
"(B) identification of trends in such tests and assessments, 
including any relationship to vocational education curricula; 
and 
"(C) identification of policy options for— 
"(i) strengthening development and quality of such tests 
and assessments to ensure that such tests and assessments 
are conducted in an impartial manner that does not penal-
ize students on the basis of race, sex, or economic back-
ground; and 
"(ii) means of sustaining competition in the development 
of such tests and assessments. 
Reports. 
"(2) The results of the study required by paragraph (1) shall 
be reported to the appropriate committees of the Congress not 
later than September 30,1994.". 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 829 
SEC. 410. MISCELLANEOUS PROVISIONS. 
Part C of title IV of the Act is amended by adding at the end the 
following new section: 
"SEC. 424. MISCELLANEOUS PROVISIONS. 
20 USC 2424. 
"(a) COLLECTION OF INFORMATION AT REASONABLE COST.—The Sec-
retary shall take such action as may be necessary to secure at 
reasonable cost the information required by this part. To ensure 
resisonable cost, the Secretary, in consultation with the Vocational 
Education Task Force, the National Center for Education Statistics, 
the Office of Vocational and Adult Education, and the National 
Occupational Information Coordinating Committee shall determine 
the methodology to be used and the frequency with which informa-
tion is to be collected. 
"(b) COOPERATION OF STATES.—All States receiving assistance 
under this Act shall cooperate with the Secretary in implementing 
the information systems developed pursuant to this part.". 
SEC. 411. REPEAL OF NATIONAL COUNCIL ON VOCATIONAL EDUCATION. 
(a) IN GENERAL.—Part D of title IV of the Act (20 U.S.C. 2431) is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of contents contained in 
section 1 of the Act (20 U.S.C. 2301 note) is amended by striking the 
items relating to part D and to section 431. 
(c) EFFECTIVE DATE.—The amendments made by subsections (a) 20 use 2431 
and (b) shall take effect on October 1,1991. 
note. 
SEC. 412. GENERAL PROVISIONS. 
Section 451 of the Act is amended to read as follows: 
20 USC 2451. 
"SEC. 451. DISTRIBUTION OF ASSISTANCE. 
"(a) IN GENERAL.—Subject to the provisions of subsection Qo) and 
section 504, of the amounts available pursuant to section 3(eXl) for 
any fiscal year for this title— 
"(1) 30 percent shall be available for part A, relating to 
research and development, of which 90 percent shall be avail-
able for section 404, relating to the National Center or Centers; 
"(2) 30 percent shall be available for part B, relating to 
demonstration programs; and 
"(3) 40 percent shall be available for part C, relating to 
vocational education and occupational information data sys-
tems, of which not less than— 
"(A) 22 percent of the total amount appropriated pursu-
ant to the authority of section 3(e) shall be available to 
carry out section 422, relating to the National Occupational 
Information Coordinating Committee; 
"(B) 8 percent shall be available to carry out the provi-
sions of section 421, relating to data systems; and 
"(C) 10 percent shall be available to carry out the provi-
sions of section 402(c), relating to the National Network for 
Curriculum Coordination. 
"(b) HOLD HARMLESS.—Notwithstanding the provisions of subsec-
tion (a), the amounts available to carry out the activities described 
in subsection (a)(1) and in subsections (a)(3)(A) and (a)(3)(C) shall be 
at least equal to the amounts made available for such activities in 
the fiscal year 1990.". 
104 STAT. 830 
PUBLIC LAW 101-392—SEPT. 25, 1990 
TITLE V—GENERAL PROVISIONS 
20 u s e 2462, 
2464, 2465. 
20 u s e 2463. 
20 u s e 2466a. 
Federal 
Register, 
publication. 
SEC. 501. FEDERAL ADMINISTRATIVE PROVISIONS. 
(a) EUMINATION OF MATCHING REQUIREMENTS AND TRANSFER OF 
STATE PROVISION.—(1) Sections 502, 504, and 505 of the Act (20 
U.S.C. 2462, 2465, 2466) are repealed. 
(2) Sections 508 and 506 of the Act (20 U.S.C. 2463, 2466), are 
redesignated as sections 502 and 503, respectively. 
(b) MAINTENANCE OF EFFORT.—The first sentence of section 502(b) 
of the Act (as redesignated by subsection (a)(2) of this section) is 
amended by inserting after "this section" the following: "(with 
respect to not more than 5 percent of expenditures by any State 
educational agency)". 
(c) ADDITIONAL ADMINISTRATIVE PROVISIONS.—Title V of the Act 
(20 U.S.C. 2461 et seq.) is amended— 
(1) by redesignating part B as part C; and 
(2) by inserting after section 503 the following: 
"SEC. 504. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 
"(a) IN GENERAL.—(1) The Secretary shall convene regional meet-
ings to obtain public involvement in the development of proposed 
regulations under the Carl D. Perkins Vocational and Applied 
Technology Education Act Amendments of 1990. Such meetings 
shall include individuals and representatives of groups involved in 
vocational education programs under this Act, such as Federal, 
State, tribal and local administrators, parents, teachers, members of 
local boards of education and special populations. 
"(2) During each meeting described in paragraph (1), the Secretary 
shall provide for a comprehensive discussion and exchange of 
information on at least 4 key issues, selected by the Secretary, 
concerning implementation of the Carl D. Perkins Vocational and 
Applied Technology Education Act Amendments of 1990. The Sec-
retary shall take into account information received at such meetings 
in the development of proposed regulations, and shall publish a 
summary of such information in the Federal Register together with 
such proposed regulations. 
"(b) DRAFT REGULATIONS.—After holding regional meetings and 
before publishing proposed regulations in the Federal Register, the 
Secretary shall prepare draft regulations under this Act and submit 
regulations on at least 2 key issues to a negotiated rulemaking 
process. The Secretary shall follow the guidance provided in the 
Administrative Conference of the United States in Recommendation 
82-4 and 85-5, 'Procedures for Negotiating Proposed Regulations' 
(1 C.F.R. 305.82-4 and 85-5) and any successor recommendation, regu-
lation, or law. Participants in the negotiation process shall be 
chosen by the Secretary from among participants in the regional 
meetings, representing the groups described in subsection (a)(1) and 
all geographic regions. At least 10 participants, 1 from each of the 
regions served by a regional office established pursuant to section 
416 of the Department of Education Organization Act, representing 
the groups described in subsection (a)(1), shall be chosen under the 
preceding sentence. The negotiation process shall be conducted in a 
timely manner in order that final regulations may be issued by the 
Secretary within the 240-day period required by section 431(g) of the 
General Education Provisions Act. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 831 
"(c) SPECIAL RULE.—If a regulation must be issued within a very 
limited time period to assist States and eligible recipients with the 
operation of a program under this Act, the Secretary may issue a 
regulation without fulfilling the requirements of subsections (a) and 
(b), but shall immediately convene regional meetings to review the 
regulation before such regulation is issued in final form. 
"(d) APPLICABIUTY OP FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act shall not apply to activities carried 
out under this section. 
"(e) RESERVATION OP AMOUNTS.—For the fiscal year 1991, the 
Secretary may reserve for purposes of carrying out subsection (b) not 
more than $300,000 from amounts made available under section 3(e). 
"SEC. 505. REQUIREMENTS RELATING TO REPORTS, PLANS, AND REGU- 
20 USC 2466b. 
LATIONS. 
"The GenerEil Accounting Office shall, upon the request of any 
Member of the Congress— 
"(1) investigate the circumstances of any failure by the Sec-
retary to submit any report or research finding or issue any 
regulation required by this Act by the time specified in the 
provision of this Act requiring the submission of such report or 
research finding or issuance of such regulation; and 
"(2) submit to the (Dommittee on Education and Labor of the 
House of Representatives and the Committee on Labor and 
Human Resources of the Senate a report containing the results 
of any investigation conducted pursuant to paragraph (1), 
including an identification of the cause of delay and of the office 
or offices of the Department of Education or of the Office of 
Msuiagement and Budget responsible for the delay. 
"SEC. 506. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS. 
20 USC 2466c. 
"Nothing in this Act shall be construed to be inconsistent with 
appropriate Federal laws guaranteeing civil rights. 
"SEC. 507. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS. 
20 USC 2466d. 
"(a) ATTENDANCE COSTS NOT TREATED AS INCOME OR RESOURCES.— 
The portion of any student financial assistance received under this 
Act that is made available for attendgmce costs described in subsec-
tion (b) shall not be considered as income or resources in determin-
ing eligibility for assistance under any other program funded in 
whole or in part with Federal funds. 
"(b) ATTENDANCE COSTS.—The attendance costs described in this 
subsection are— 
"(1) tuition and fees normally Eissessed a student carrying the 
same academic workload as determined by the institution, and 
including costs for rental or purchase of any equipment, mate-
rials, or supplies required of all students in the same course of 
study; and 
"(2) an allowance for books, supplies, transportation, depend-
ent care, and miscellaneous personal expenses for a student 
attending the institution on at least a half-time basis, £is deter-
mined by the institution. 
"SEC. 508. FEDERAL MONITORING. 
20 USC 2466e. 
"The Secretary shall make every effort to provide adequate mon-
itoring of compliance by recipients of assistance under this Act with 
the provisions of this Act. Such monitoring activities shall be devel-
39-194 O - 91 - 28 : QL 3 Part ] 
104 STAT. 832 
PUBLIC LAW 101-392—SEPT. 25, 1990 
oped by the Secretary in consultation wdth parents, students, and 
advocacy organizations, and shall— 
"(1) consider items such as whether the provisions of the State 
plan are being fully implemented; 
"(2) consider items such as whether the State board's monitor-
ing of local recipients of assistance under this Act is adequate to 
assure full compliance with the provisions of this Act by such 
recipients; 
"(3) consider items such as whether the State-level coordina-
tors for individuals who are members of special populations are 
able to review the local plans for serving such individuals; 
"(4) consider items such as whether the other State respon-
sibilities under this Act are being implemented; and 
"(5) provide for input from students, parents, teachers, and 
special populations in the States. 
"PART B—STATE ADMINISTRATIVE PROVISIONS 
20 use 2468. 
"SEC. 511. JOINT FUNDING. 
"(a) GENERAL AUTHORITY.—Funds made available to States under 
this Act may be used to provide additional funds under an 
applicable program if— 
"(1) such program otherwise meets the requirements of this 
Act and the requirements of the applicable program; 
"(2) such program serves the same individuals that are served 
under this Act; 
"(3) such program provides services in a coordinated manner 
with services provided under this Act; and 
"(4) such funds would be used to supplement, and not sup-
plant, funds provided from non-Federal sources. 
"(b) APPUCABLE PROGRAMS.—For the purposes of this section, the 
term 'applicable program' means any program under any of the 
following provisions of law: 
"(1) Section 123, title II, and title III of the Job Training 
Partnership Act. 
"(2) The Wagner-Peyser Act. 
"(c) ISSUANCE OF REGULATIONS.—Notwithstanding the provisions 
of section 504, the Secretary shall develop regulations to be issued 
under this section in consultation with the Secretary of Labor. 
"(d) USE OF FUNDS AS MATCHING FUNDS.—For the purposes of this 
section, the term 'additional funds' includes the use of funds as 
matching funds. 
20 use 2468a. 
"SEC. 512. REVIEW OF REGULATIONS. 
"(a) ESTABUSHMENT OF REVIEW COMMITTEE.—Except as provided 
in subsection (b), before any State publishes any proposed or final 
State rule or regulation pursuant to this Act, the State shall estab-
lish and convene a State Committee of Practitioners (in this section 
referred to as the 'Committee') for the purpose of reviewing such 
rule or regulation. The Committee shall be selected from nominees 
solicited from State organizations representing school administra-
tors, teachers, parents, members of local boards of education, and 
appropriate representatives of institutions of higher education. The 
Committee shall consist of— 
"(1) representatives of local educational agencies, who shall 
constitute a majority of the members of the Committee; 
"(2) school administrators; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 833 
"(3) teachers; 
"(4) parents; 
"(5) members of local boards of education; 
"(6) representatives of institutions of higher education; and 
"(7) students. 
"(b) LIMITED EXCEPTION.—In an emergency, where a regulation 
must be issued within a very limited time period to assist eligible 
recipients with the operation of a program, the State may issue a 
regulation without fulfilling the requirements of subsection (a), but 
shall immediately convene the Committee to review the regulation 
before it is issued in final form. 
"SEC. 513. IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS. 
"Any State rule or policy imposed on the administration or 
operation of programs funded by this Act, including any rule or 
policy based on State interpretation of any Federal law, regulation, 
or guideline, shall be identified as a State imposed requirement. 
"SEC. 514. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 
RELOCATION OF BUSINESSES. 
"No funds provided under this Act shall be used for the purpose of 
directly providing incentives or inducements to an employer to 
relocate a business enterprise from 1 State to another State if such 
relocation would result in a reduction in the number of jobs avail-
able in the State where the business enterprise is located before 
such incentives or inducements are offered. 
"SEC. 515. STATE ADMINISTRATIVE COSTS. 
"For each fiscal year for which a State receives assistance under 
this Act, the State shall provide from non-Federal sources for costs 
the State incurs for administration of programs under this Act an 
amount that is not less than the amount provided by the State from 
non-Federal sources for such costs for the preceding fiscal year. 
"SEC. 516. ADDITIONAL ADMINISTRATIVE PROVISIONS. 
"(a) IN GENERAL.—(IXA) Funds made available under title II shall 
be used to supplement, and to the extent practicable increase the 
amount of State and local funds that would in the absence of such 
Federal funds be made available for the uses specified in the ap-
plication, and in no case supplant such State or local funds. 
"(B) Notwithstanding subparagraph (A), funds made available 
under title II may be used to pay for the costs of vocational edu-
cation services required in an individualized education plan devel-
oped pursuant to sections 612(4) and 614(aX5) of the Education of the 
Handicapped Act, in a manner consistent with section 614(aXl) of 
such Act, and services necessary to meet the requirements of section 
504 of the Rehabilitation Act of 1973 with respect to ensuring equal 
access to vocational education. 
"(2) No State shall take into consideration pajmients under this 
Act in determining, for any educational agency or institution in that 
State, the eligibility for State aid, or the amount of State aid, with 
respect to public education within the State. 
"(b) LIMITATION.—Any project assisted with funds made available 
under title II shall be of sufficient size, scope, and quality to give 
reasonable promise of meeting the vocational education needs of the 
students involved in the project. 
20 use 2468b. 
20 use 2468c. 
20 use 2468d. 
20 use 2468e. 
104 STAT. 834 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(c) PERMISSIBLE SERVICES AND ACTIVITIES.—(1) Vocational edu-
cation services and activities authorized in title II may include 
work-site programs such as cooperative vocational education, pro-
grams with community-based 
organizations, work-study, 
and 
apprenticeship programs. 
"(2) Vocational education services and activities described in title 
II may include placement services for students who have success-
fully completed vocational education programs. 
"(3) Vocational education services and activities described in title 
II may include programs which involve students in addressing the 
needs of the community in the production of goods or services which 
contribute to the community's welfare or which involve the students 
with other community development planning, institutions, and 
enterprises. 
"(d) ACADEMIC CREDIT.—Each State board receiving 
financial 
assistance under title II may consider granting academic credit for 
vocational education courses which integrate core academic com-
petencies.". 
SEC. 502. DEFINITIONS. 
20 use 2471. 
Section 521 of the Act is amended to read as follows: 
"SEC. 521. DEFINITIONS. 
"As used in this Act: 
"(1) The term 'administration' means activities of a State 
necessary for the proper and efficient performance of its duties 
under this Act, including supervision, but does not include 
curriculum development activities, personnel development, or 
research activities. 
"(2) The term 'all aspects of the industry' means strong 
experience in, and understanding of, all aspecte of the industry 
the students are preparing to enter, including planning, 
management, finances, technical and production skills, underly-
ing principles of technology, labor issues, and health and safety. 
"(3) The term 'apprenticeship training program' means a 
program registered with the Department of Labor or the State 
apprenticeship agency in accordance with the Act of August 16, 
1937, commonly known as the National Apprenticeship Act, 
which is conducted or sponsored by an employer, a group of 
employers, or a joint apprenticeship committee representing 
both employers and a union, and which contains all terms and 
conditions for the qualification, recruitment, selection, employ-
ment, and training of apprentices. 
"(4) The term 'area vocational education school' means— 
"(A) a specialized high school used exclusively or prin-
cipally for the provision of vocational education to individ-
uals who are available for study in preparation for entering 
the labor market; 
"(B) the department of a high school exclusively or prin-
cipally used for providing vocational education in not less 
than 5 different occupational fields to individuals who are 
available for study in preparation for entering the labor 
market; 
"(C) a technical institute or vocational school used exclu-
sively or principally for the provision of vocational edu-
cation to individuals who have completed or left high school 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 835 
and who are available for study in preparation for entering 
the labor market; or 
"(D) the department or division of a junior college, 
community college or university operating under the poli-
cies of the State board and which provides vocational edu-
cation in not less than 5 different occupational fields lead-
ing to immediate emplojonent but not necessarily leading 
to a baccalaureate degree, if, in the case of a school, depart-
ment, or division described in subparagraph (C) or this 
subparg^aph, it admits £is regular students both individ-
uals who have completed high school and individuals who 
have left high school. 
"(5) The term 'career guidance and counseling' means pro-
grams— 
"(A) which pertain to the body of subject matter and 
related techniques and methods organized for the develop-
ment in individuals of career awareness, career planning, 
career decisionmaking, placement skills, smd knowledge 
and understanding of local. State, and national occupa-
tional, educational, and labor market needs, trends, and 
opportunities; and 
(B) which assist such individuals in mgiking and im-
plementing informed educational and occupational choices. 
"(6) The term 'community-bgised organization' means any 
such organization of demonstrated effectiveness described in 
section 4(5) of the Job Training Partnership Act. 
"(7) The term 'construction' includes construction of new 
buildings and acquisition, and expansion, remodeling, and alter-
nation of existing buildings, and includes site grading and 
improvement and architect fees. 
' (8) The term 'cooperative education' means a method of 
instruction of vocational education for individuals who, through 
written cooperative arrangements between the school and 
employers, receive instruction, including required academic 
courses and related vocational instruction by alternation of 
study in school with a job in any occupational field. Such 
alternation shall be planned and supervised by the school and 
employers so that each contributes to the student's education 
and to his or her employability. Work periods £ind school attend-
ance may be on alternate half days, full days, weeks, or other 
periods of time in fulfilling the cooperative progrEun. 
"(9) The term 'criminal offender means any individual who is 
charged with or convicted of any criminal offense, including a 
youth offender or a juvenile offender. 
"(10) The term 'correctional institution' means any— 
"(A) prison, 
"(B) jail, 
"(C) reformatory, 
"(D) work farm, 
"(E) detention center, or 
"(F) halfway 
house, community-based 
rehabilitation 
center, or any other similar institution designed for the 
confinement or rehabilitation of criminal offenders. 
"(11) The term 'Council' means the National (Douncil on 
Vocational Education. 
"(12) The term 'curriculum materials' means instructional 
and related or supportive material, including materials using 
104 STAT. 836 
PUBLIC LAW 101-392—SEPT. 25, 1990 
advanced learning technology, in any occupational field which 
is designed to strengthen the academic foundation and prepare 
individuals for emplo3mient at the entry level or to upgrade 
occupational competencies of those previously or presently em-
ployed in any occupational field, and appropriate counseling 
and guidance material. 
"(13) The term 'disadvantaged' means individuals (other than 
individuals with handicaps) who have economic or academic 
disadvantages and who require special services and assistance 
in order to enable such individuals to succeed in vocational 
education programs. Such term includes individuals who are 
members of economically disadvantaged families, migrants, 
individuals of limited English proficiency and individuals who 
are dropouts from, or who are identified as potential dropouts 
from, secondary school. 
"(14) The term 'displaced homemaker' means an individual 
who— 
"(A) is an adult; and 
"(B)(i) has worked as an adult primarily without remu-
neration to care for the home and family, and for that 
resison has diminished marketable skills; 
"(ii) has been dependent on public assistance or on the 
income of a relative but is no longer supported by such 
income; 
"(iii) is a parent whose youngest dependent child will 
become ineligible to receive assistance under the program 
for aid to families with dependent children under part A of 
title IV of the Social Security Act within 2 years of the 
parent's application for assistance under this Act; or 
"(iv) is unemployed or underemployed and is experienc-
ing difficulty in obtaining any emplo5mient or suitable 
emplo3anent, as appropriate, or 
(C) is described in subparagraph (A) or (B) and is a 
criminal offender. 
The Secretary may not prescribe the manner in which the 
States will comply with the application of the definition con-
tained in this par£igraph. 
"(15) The term 'economically disadvantaged family or individ-
ual' means such families or individuals who are determined by 
the Secretary to be low-income according to the latest available 
data from the Department of Commerce. 
"(16) Except as otherwise provided, the term 'eligible recipi-
ent' means a local educational agency, an area vocational edu-
cation school, an intermediate educational agency, a postsecond-
ary educational institution, a State corrections educational 
agency, or an eligible institution (as such term is defined in 
section 232(d)(1)). 
"(17) The term 'general occupational skills' means experience 
in and understanding of all aspects of the industry the student 
is preparing to enter, including planning, management, fi-
nances, technical and production skills, underljdng principles of 
technology, labor and community issues, and health, safety, and 
environmental issues. 
"(18) The term 'high technology' means state-of-the-art com-
puter, microelectronic, hydraulic, pneumatic, laser, nuclear, 
chemical, telecommunication, and other technologies being used 
to enhance productivity in manufacturing, communication. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 837 
transportation, agriculture, mining, energy, commercial, and 
similar economic activity, and to improve the provision of 
health care. 
"(19) The term 'individual with handicaps' means any individ-
ual who is an individual with any disability (as defined in 
section 8(2) of the Americans With Disabilities Act of 1990). 
"(20) The term 'intermediate educational agency' means a 
combination of school districts or counties (as defined in section 
1471(5) of the Elementary and Secondary Education Act of 1965) 
as are recognized in a State as an administrative agency for 
such State's vocational or technical education schools or for 
vocational programs within its public elementary or secondary 
schools. Such term includes any other public institution or 
agency having administrative control and direction over a 
public elementary or secondary school. 
"(21) The term 'limited English proficiency' has the meaning 
given such term in section 703(aXl) of the Elementary and 
Secondary Education Act of 1965. 
"(22) The term 'local educational agency' means a board of 
education or other legally constituted local school authority 
having administrative control and direction of public ele-
mentary or secondary schools in a city, county, township, school 
district, or political subdivision in a State, or any other public 
educational institution or eigency having administrative control 
and direction of a vocational education program. For the pur-
poses of sections 114, 115, 116, 117, and 240, such term shall 
include a State corrections educational agency. 
"(23) The term 'postsecondary educational institution' means 
an institution legally authorized to provide postsecondary edu-
cation within a State, a Bureau of Indian Affairs controlled 
postsecondary institution, or any postsecondary educational 
institution operated by or on behalf of any Indian tribe which is 
eligible to contract with the Secretary of the Interior for the 
administration of programs under the Indian Self-Determina-
tion Act or under the Act of April 16,1934. 
"(24) The term 'preparatory services' means services, pro-
grams, or activities designed to assist individuals who are not 
enrolled in vocational education programs in the selection of, or 
preparation for participation in, an appropriate vocational edu-
cation or training program, such as— 
"(A) services, programs, or activities related to out-
reach to or recruitment of potential vocational education 
students; 
"(B) career counseling and personal counseling; 
"(C) vocational assessment and testing; and 
"(D) other appropriate services, progrsims, or activities. 
"(25) The term 'private vocational training institution' means 
a business or trade school, or technical institution or other 
technical or vocational school, in any State, which— 
"(A) admits as regular students only persons who have 
completed or left elementary or secondary school and who 
have the ability to benefit from the training offered by such 
institution; 
"(B) is legally authorized to provide, and provides within 
that State, a program of postsecondary vocational or tech-
nical education designed to fit individuals for useful 
employment in recognized occupations; 
104 STAT. 838 
PUBLIC LAW 101-392—SEPT. 25, 1990 
"(C) has been'in existence for 2 years or has been spe-
cially accredited by the Secretary as an institution meeting 
the other requirements of this subsection; and 
"(D) is accredited— 
"(i) by a nationally recognized accrediting agency or 
association listed by the Secretary pursuant to this 
clause; 
"(ii) if the Secretary determines that there is no 
nationally recognized accrediting agency or association 
qualified to accredit schools of a particular category, by 
a State agency listed by the Secretary pursuant to this 
clause; or 
"(iii) if the Secretary determines that there is no 
nationally recognized or State agency or association 
qualified to accredit schools of a particular category, by 
an advisory committee appointed by the Secretary and 
composed of persons specially qualified to evaluate 
training provided by schools of that category, which 
committee shall prescribe the standards of content, 
scope, and quality which must be met by those schools 
and shall also determine whether particular schools 
meet those standards. 
For the purpose of this paragraph, the Secretary shall publish a 
list of nationally recognized accrediting agencies or associations 
and State agencies which the Secretary determines to be reli-
able authority as to the quality of education or training 
afforded. 
"(26) The term 'school facilities' means classrooms and related 
facilities (including initial equipment) and interests in lands on 
which such facilities are constructed. Such term shall not in-
clude any facility intended primarily for events for which 
admission is to be charged to the general public. 
"(27) The term 'Secretary' means the Secretary of Education. 
"(28) The term 'smedl business' means for-profit enterprises 
emplojdng 500 or fewer employees. 
"(29) The term 'sequential course of study' means an in-
tegrated series of courses which are directly related to the 
educational and occupational skills preparation of individuals 
for jobs, or preparation for postsecondary education. 
"(30) The term 'single parent' means an individual who— 
"(A) is unmarried or legally separated from a spouse; and 
"(BXi) has a minor child or children for which the parent 
has either custody or joint custody; or 
"(ii) is pregnant. 
"(31) The term 'special populations' includes individuals with 
handicaps, educationally 
and 
economically 
disadvant^ed 
individuals (including foster children), individuals of limited 
English proficiency, individuals who participate in programs 
designed to eliminate sex bias, and individuals in correctional 
institutions. 
"(32) The term 'specific job training' means training and 
education for skills required by the employer that provides the 
individual student with the ability to obtain emplojnnent and to 
adapt to the changing demands of the workplace. 
"(33) The term 'State' includes, in addition to the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Northern 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 839 
Mariana Islands, and Palau (until the Compact of Free Associa-
tion with Palau takes effect pursuant to section 101(a) of Public 
Law 99-658). 
"(34) The term 'State board' means a State board designated 
or created by State law as the sole State agency responsible for 
the administration of vocational education, or for supervision of 
the administration of vocational education in the State. 
"(35) The term 'State corrections educational agency' means 
the State agency or sigencies responsible for carrying out correc-
tions education programs in the State. 
"(36) The term 'State council' means the State council on 
vocational education established in accordance with section 112. 
"(37) The term 'State educational agency' means the State 
board of education or other agency or officer primarily respon-
sible for the State supervision of public elementary or secondary 
schools, or, if there is no such officer or agency, an officer or 
agency designated by the Governor or by State law. 
"(38) The term 'supplementary services' means curriculum 
modification, equipment modification, classroom modification, 
supportive personnel, and instructional aids and devices. 
"(39) The term 'technology education' means an applied dis-
cipline designed to promote technological literacy which pro-
vides knowledge and understanding of the impacts of tech-
nology including its organizations, techniques, tools and skills to 
solve practical problems and extend human capabilities in areas 
such as construction, manufacturing, communication, transpor-
tation, power and energy. 
"(40) The term 'tribally controlled community college' means 
an institution which receives assistance under the Tribally 
Controlled Community College Assistance Act of 1976 or the 
» 
Navajo Community College Act. 
"(41) The term 'vocational education' means organized edu-
cational programs offering a sequence of courses which are 
directly related to the preparation of individuals in paid or 
unpaid employment in current or emerging occupations requir-
ing other than a baccalaureate or advanced degree. Such pro-
grams shall include competency-based applied learning which 
contributes to an individual's academic knowledge, higher-order 
reasoning, and problem-solving skills, work attitudes, general 
employability 
skills, 
and 
the 
occupational-specific 
skills 
necessary for economic independence as a productive and 
contributing member of society. Such term also includes applied 
technology education. 
"(42) The term 'vocational student organizations' means those 
organizations for individuals enrolled in vocational education 
programs which engage in activities as an integral part of the 
instructional progrsmi. Such organizations may have State and 
national units which siggregate the work and purposes of 
instruction in vocational education at the local level.". 
104 STAT. 840 
Office of 
Correctional 
Education Act of 
1990. 
20 u s e 3401 
note. 
20 u s e 3423. 
20 use 3424. 
20 u s e 3423a. 
Reports. 
PUBLIC LAW 101-392—SEPT. 25, 1990 
TITLE VI—MISCELLANEOUS 
PART A—CORRECTIONAL EDUCATION 
SEC. 601. SHORT TITLE. 
This title may be cited as the 
Act of 1990". 
'Office of Correctional Education 
SEC. 602. CORRECTIONAL EDUCATION. 
(a) IN GENERAL.—Title II of the Department of Education 
Organization Act is amended by— 
(1) repealing section 213; 
(2) redesignating section 214 as section 215; and 
(3) inserting the following new section 214 after section 212: 
"OFFICE OF CORRECTIONAL EDUCATION 
"SEC. 214. (a) FINDINGS.—The Congress finds and declares that— 
"(1) education is important to, and makes a significant con-
tribution to, the readjustment of incarcerated individuals to 
society; and 
"(2) there is a growing need for immediate action by the 
Federal Government to assist State and local educational pro-
grams for criminal offenders in correctional institutions. 
"(b) STATEMENT OF PURPOSE.—It is the purpose of this title to 
encourage and support educational programs for criminsd offenders 
in correctional institutions. 
"(c) EsTABUSHMENT OF OFFICE.—The Secretary of Education shall 
establish within the Department of Education an Office of Correc-
tional Education. 
"(d) FUNCTIONS OF OFFICE.—The Secretary, through the Office of 
Correctional Education established under subsection (a) of this sec-
tion, shall— 
"(1) coordinate all correctional education programs within the 
Department of Education; 
' (2) provide technical support to State and local educational 
agencies and schools funded by the Bureau of Indian Affgiirs on 
correctional education programs and curricula; 
"(3) provide an annual report to the Congress on the progress 
of the Office of Correctional Education and the status of correc-
tional education in the United States; 
"(4) cooperate with other Federal agencies carrying out 
correctional education programs to ensure coordination of such 
programs; 
"(5) consult with, and provide outreach to. State directors of 
correctional education and correctional educators; and 
"(6) collect from States a sample of information on the 
number of individuals who complete a vocational education 
sequence, earn a high school degree or general equivedency 
diploma, or earn a postsecondary degree while incarcerated and 
the correlation with job placement, job retention, and recidi-
vism. 
"(e) DEFINITIONS.—As used in this section— 
"(1) the term 'criminal offender' means any individual who is 
charged with or convicted of any criminsd offense, including a 
youth offender or a juvenile offender; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 841 
"(2) the term 'correctional institution' means any— 
"(A) prison, 
•'(B)jail, 
"(C) reformatory, 
"(D) work farm, 
"(E) detention center, or 
"(F) halfway 
house, community-based 
rehabilitation 
center, or any other similar institution designed for the 
confinement or rehabilitation of criminal offenders; and 
"(3) the term 'State educational agency' means the State 
board of education or other agency or officer primarily respon-
sible for the State supervision of public elementary and second-
ary schools, or, if there is no such officer or agency, an officer or 
agency designated by the Governor or by State law.", 
(b) CLERICAL AMENDMENTS.—The table of contents contained in 
section 1 of the Department of Education Organization Act is 
amended by striking the items relating to sections 213 and 214 and 
inserting the following: 
"Sec. 214. Office of Ckirrectional Education. 
"Sec. 215. Federallnteragency Committee on Ekiucation.". 
PART B—MISCELLANEOUS PROVISIONS 
SEC. 611. STUDY OF THE DUAL SYSTEM OF VOCATIONAL EDUCATION IN 
20 USC 2403 
THE FEDERAL REPUBLIC OF GERMANY. 
note. 
(a) GENERAL AUTHORITY.—The General Accounting Office (in this 
section referred to as the "Office") shall conduct a thorough study of 
the Dual System of Vocational Education in the Federeil Republic of 
Germany, including an analysis of the desirability, advantages, and 
disadvantages of establishing a nationwide job apprenticeship pro-
gram in the United States similar to the Dual System of Vocational 
Education in the Federal Republic of Germany. 
(b) CONTENTS.—In studying the West German Dual System of 
Vocational Education, the Office shall assess— 
(1) the ability of such a system to prepare workers for the 
technical workplace; 
(2) the level of academic skills an apprentice in the Dual 
System acquires; 
(3) the effectiveness of combining on-the-job training with 
classroom instruction; 
(4) the participation in apprenticeships by gender and minor-
ity status; 
(5) the dropout rate of West German students; 
(6) the construction and oversight of skill certification tests; 
(7) the unemployment rate and relative wage levels of former 
participants; 
(8) the labor mobility of apprentices; 
(9) whether such a system has helped West Germany main-
tain a competitive workforce and a competitive edge in the 
world economy; 
(10) the value and productivity of apprentices to business; and 
(11) the direct and indirect costs and benefits to the country, 
industry, company, and individual that result from the Dual 
System of Vocational Education. 
104 STAT. 842 
PUBLIC LAW 101-392—SEPT. 25, 1990 
(c) FACTORS TO BE CONSIDERED.—In assessing the ability of a 
similar program to be replicated in the United States, the Office 
shall evaluate such factors as— 
(1) existing job apprenticeship programs and their ability to 
prepare workers for the technical workplace; 
(2) the future need for skilled workers and the extent to which 
job apprenticeship programs could meet such future workforce 
needs; 
(3) the appropriate Eige or grade level for students to enter job 
apprenticeship programs (such as secondary students, post-
secondary students, or both); 
(4) the potential for such programs to reduce the dropout rate, 
place more qualified workers in the workplace, provide continu-
ing education, including postsecondary opportunities, and in-
crease the lifetime earnings of those who participate in such a 
job apprenticeship program; 
(5) the issues in obtaining labor and management utilization 
of skills, certification for employee recruitment, promotion, and 
other purposes, and issues in creating and improving such 
certification to reliably and validly reflect the changing struc-
ture of work in the skills certified; 
(6) the training wage appropriate for an apprentice; 
(7) the estimated value and productivity of apprentices to 
business; 
(8) the Federal, State, employer, and labor roles in regulating 
and funding such a program; 
(9) the direct and indirect costs and benefits of such a program 
to the Federal and State governments, industry, the company 
and the individual; and 
(10) the quality and adequacy of Federal and State data on 
training, including apprenticeships, directly or indirectly pro-
vided by employers, including data on the level and distribution 
of training by industry, firm size, and of labor and management 
employees. 
(d) DEADLINE FOR STUDY.—The study required by subsection (a), 
together with comments and recommendations, shall be completed 
and presented to Congress not later than the expiration of the 1-year 
period beginning on the date of enactment of this Act. 
SEC. 612. HIGHER EDUCATION ACT. 
20 use 1131. 
Section 621 of the Higher Education Act of 1965 is repealed. 
TITLE VII—EFFECTIVE DATE 
20 use 2301 
SEC. 701. TRANSITION PROVISION. 
Upon the enactment of the Carl D. Perkins Vocational and Ap-
plied Technology EJducation Act Amendments of 1990, each State 
and eligible recipient of Federal financial assistance under a State 
plan submitted pursuant to section 113 of the Carl D. Perkins 
Vocational Education Act may expend funds currently available 
under the Carl D. Perkins Vocational Education Act to— 
(1) conduct plailning for any program or activity authorized 
under the Carl D. Perkins Vocational and Applied Technology 
Education Act, including the development of a State plan under 
section 113 of such Act; 
PUBLIC LAW 101-392—SEPT. 25, 1990 
104 STAT. 843 
(2) develop State and local standards and measures as re-
quired by section 115 of the Carl D. Perkins Vocational and 
Applied Technology Education Act; and 
(3) conduct assessments as required by section 116 of the Carl 
D. Perkins Vocational and Applied Technology Education Act. 
SEC, 702. EFFECTIVE DATE. 
20 USC 2301 
(a) IN GENERAL.—Except as provided in subsection (b), the amend-
ments made by this Act shall take effect on July 1,1991. 
(b) SPECIAL RULE.—Sections 3,115,116, 504, and 512 and part H of 
title III of the Carl D. Perkins Vocational and Applied Technology 
Education Act (as amended by this Act) shall take effect upon the 
enactment of this Act. 
Approved September 25, 1990. 
LEGISLATIVE HISTORY—H.R. 7 (S. 1109): 
HOUSE REPORTS: No. 101-41 (Comm. on Education and Labor) and No. 101-660 
(Comm. of Conference). 
SENATE REPORTS: No. 101-221 accompanying S. 1109 (Comm. on Labor and Human 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): May 9, considered and passed House. 
Vol. 136 (1990): Apr. 5, considered and passed Senate, amended, in lieu of 
S. 1109. 
Aug. 2, Senate agreed to conference report. 
Sept. 13, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Sept. 25, Presidential statement.