In the Senate of the United States,
July 23, 2018.
Resolved, That the bill from the House of Representatives (H.R. 2353) entitled “An Act to reauthorize the Carl D. Perkins Career and Technical Education Act of 2006.”, do pass with the following
AMENDMENT:
This Act may be cited as the “Strengthening Career and Technical Education for the 21st Century Act”.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
Sec. 5. Table of contents of the Carl D. Perkins Career and Technical Education Act of 2006.
Sec. 6. Purpose.
Sec. 7. Definitions.
Sec. 8. Transition provisions.
Sec. 9. Prohibitions.
Sec. 10. Authorization of appropriations.
Sec. 110. Reservations and State allotment
Sec. 111. Within State allocation.
Sec. 112. Accountability.
Sec. 113. National activities.
Sec. 114. Assistance for the outlying areas.
Sec. 115. Native American Programs.
Sec. 116. Tribally controlled postsecondary career and technical institutions.
Sec. 117. Occupational and employment information.
PART B—STATE PROVISIONS
Sec. 121. State administration.
Sec. 122. State plan.
Sec. 123. Improvement plans.
Sec. 124. State leadership activities.
PART C—LOCAL PROVISIONS
Sec. 131. Distribution of funds to secondary education programs.
Sec. 132. Special rules for career and technical education.
Sec. 133. Local application for career and technical education programs.
Sec. 134. Local uses of funds.
TITLE II—GENERAL PROVISIONS
Sec. 201. Federal and State administrative provisions.
TITLE III—AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Amendments to the Elementary and Secondary Education Act of 1965.
Sec. 303. Amendment to the Workforce Innovation and Opportunity Act.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
This Act, and the amendments made by this Act, shall take effect beginning on July 1, 2019.
Section 1(b) is amended to read as follows:
“(b) Table of contents.—The table of contents for this Act is as follows:
“Sec. 1. Short title; table of contents.
“Sec. 2. Purpose.
“Sec. 3. Definitions.
“Sec. 4. Transition provisions.
“Sec. 5. Privacy.
“Sec. 6. Limitation.
“Sec. 7. Special rule.
“Sec. 8. Prohibitions.
“Sec. 9. Authorization of appropriations.
“TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
“PART A—ALLOTMENT AND ALLOCATION
“Sec. 111. Reservations and State allotment.
“Sec. 112. Within State allocation.
“Sec. 113. Accountability.
“Sec. 114. National activities.
“Sec. 115. Assistance for the outlying areas.
“Sec. 116. Native American programs.
“Sec. 117. Tribally controlled postsecondary career and technical institutions.
“PART B—STATE PROVISIONS
“Sec. 121. State administration.
“Sec. 122. State plan.
“Sec. 123. Improvement plans.
“Sec. 124. State leadership activities.
“PART C—LOCAL PROVISIONS
“Sec. 131. Distribution of funds to secondary education programs.
“Sec. 132. Distribution of funds for postsecondary education programs.
“Sec. 133. Special rules for career and technical education.
“Sec. 134. Local application for career and technical education programs.
“Sec. 135. Local uses of funds.
“TITLE II—GENERAL PROVISIONS
“PART A—FEDERAL ADMINISTRATIVE PROVISIONS
“Sec. 211. Fiscal requirements.
“Sec. 212. Authority to make payments.
“Sec. 213. Construction.
“Sec. 214. Voluntary selection and participation.
“Sec. 215. Limitation for certain students.
“Sec. 216. Federal laws guaranteeing civil rights.
“Sec. 217. Participation of private school personnel and children.
“Sec. 218. Limitation on Federal regulations.
“Sec. 219. Study on programs of study aligned to high-skill, high-wage occupations.
“PART B—STATE ADMINISTRATIVE PROVISIONS
“Sec. 221. Joint funding.
“Sec. 222. Prohibition on use of funds to induce out-of-State relocation of businesses.
“Sec. 223. State administrative costs.
“Sec. 224. Student assistance and other Federal programs.”.
Section 2 (20 U.S.C. 2301) is amended—
(1) in the matter preceding paragraph (1)—
(7) by adding at the end the following:
“(8) increasing the employment opportunities for populations who are chronically unemployed or underemployed, including individuals with disabilities, individuals from economically disadvantaged families, out-of-workforce individuals, youth who are in, or have aged out of, the foster care system, and homeless individuals.”.
Section 3 (20 U.S.C. 2302) is amended—
(2) by redesignating paragraphs (8), (9), (11), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (27), (28), (29), (30), (31), (33), and (34) as paragraphs (9), (10), (17), (18), (20), (21), (24), (28), (30), (31), (33), (34), (39), (44), (45), (48), (49), (50), (51), and (52), respectively;
(4) in paragraph (3)—
(A) in subparagraph (B), by striking “5 different occupational fields to individuals who are available for study in preparation for entering the labor market” and inserting “3 different fields that are available to all students, especially in high-skill, high-wage, or in-demand industry sectors or occupations”; and
(5) in paragraph (5)—
(A) in subparagraph (A)—
(i) by amending clause (i) to read as follows:
“(i) provides individuals with rigorous academic content and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions, which may include high-skill, high-wage, or in-demand industry sectors or occupations, which shall be, at the secondary level, aligned with the challenging State academic standards adopted by a State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;”;
(C) by adding at the end the following:
“(C) to the extent practicable, coordinate between secondary and postsecondary education programs through programs of study, which may include coordination through articulation agreements, early college high school programs, dual or concurrent enrollment program opportunities, or other credit transfer agreements that provide postsecondary credit or advanced standing; and
(6) in paragraph (7)—
(A) in subparagraph (A)—
(B) in subparagraph (B)—
(i) by inserting “to students (and, as appropriate, parents and out-of-school youth)” after “provides information”; and
(ii) by striking “financial aid,” and all that follows through the end of the subparagraph and inserting “financial aid, job training, secondary and postsecondary options (including associate and baccalaureate degree programs), dual or concurrent enrollment programs, work-based learning opportunities, early college high schools, financial literacy, and support services, as appropriate; and”; and
(7) by inserting after paragraph (7) the following:
“(8) CAREER PATHWAYS.—The term ‘career pathways’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”;
(8) by inserting after paragraph (10) (as redesignated by paragraph (2)) the following:
“(11) CREDIT TRANSFER AGREEMENT.—The term ‘credit transfer agreement’ means a formal agreement, such as an articulation agreement, among and between secondary and postsecondary education institutions or systems that grant students transcripted postsecondary credit, which may include credit granted to students in dual or concurrent enrollment programs or early college high school, dual credit, articulated credit, and credit granted on the basis of performance on technical or academic assessments.
“(12) CTE CONCENTRATOR.—The term ‘CTE concentrator’ means—
“(13) CTE PARTICIPANT.—The term ‘CTE participant’ means an individual who completes not less than one course in a career and technical education program or program of study of an eligible recipient.
(9) by inserting after paragraph (18) (as redesignated by paragraph (2)) the following:
“(19) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a consortium that includes the following:
“(A) Representatives of not less than 2 of the following categories of entities, 1 of which shall serve as the fiscal agent for the consortium:
“(v) An institution of higher education whose most common degree awarded is an associate degree, or a consortium of such institutions.
“(B) One or more business or industry representative partners, which may include representatives of local or regional businesses or industries, including industry or sector partnerships in the local area, local workforce development boards, or labor organizations.
“(C) One or more stakeholders, which may include—
“(ii) representatives of local agencies serving out-of-school youth, homeless children and youth, and at-risk youth (as defined in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472));
“(iv) representatives of minority-serving institutions (as described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), where applicable;
(10) by amending paragraph (20) (as redesignated by paragraph (2)) to read as follows:
“(20) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means—
“(B) a public or nonprofit private institution of higher education that offers and will use funds provided under this title in support of career and technical education courses that lead to technical skill proficiency or a recognized postsecondary credential, including an industry-recognized credential, a certificate, or an associate degree;
“(E) an Indian Tribe, Tribal organization, or Tribal education agency that operates a school or may be present in the State;
“(F) a postsecondary educational institution controlled by the Bureau of Indian Education or operated by or on behalf of any Indian Tribe that is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or the Act of April 16, 1934 (25 U.S.C. 5342 et seq.);
(11) in paragraph (21) (as redesignated by paragraph (2)), by inserting “an Indian Tribe, Tribal organization, or Tribal educational agency” after “service agency,”;
(12) by inserting after paragraph (21) (as redesignated by paragraph (2)) the following:
“(22) ENGLISH LEARNER.—The term ‘English learner’ means—
“(A) a secondary school student who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; or
(13) by inserting after paragraph (24) (as redesignated by paragraph (2)) the following:
“(25) HIGH SCHOOL.—The term ‘high school’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
“(26) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.—The term ‘in-demand industry sector or occupation’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(27) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian Tribe’ have the meanings given the terms ‘Indian’ and ‘Indian tribe’, respectively, in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”;
(14) by inserting after paragraph (28) (as redesignated by paragraph (2)) the following:
“(29) INDUSTRY OR SECTOR PARTNERSHIP.—The term ‘industry or sector partnership’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”;
(15) by inserting after paragraph (31) (as redesignated by paragraph (2)) the following:
“(32) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term ‘local workforce development board’ means a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122).”;
(16) in paragraph (33) (as redesignated by paragraph (2)), by striking “including” and inserting “such as”;
(17) by inserting after paragraph (34) (as redesignated by paragraph (2)) the following:
“(35) OUT-OF-SCHOOL YOUTH.—The term ‘out-of-school youth’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(36) OUT-OF-WORKFORCE INDIVIDUAL.—The term ‘out-of-workforce individual’ means—
“(A) an individual who is a displaced homemaker, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); or
“(B) an individual who—
“(i) (I) has worked primarily without remuneration to care for a home and family, and for that reason has diminished marketable skills; or
“(II) is a parent whose youngest dependent child will become ineligible to receive assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) not later than 2 years after the date on which the parent applies for assistance under such title; and
“(37) PARAPROFESSIONAL.—The term ‘paraprofessional’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
“(38) PAY FOR SUCCESS INITIATIVE.—
“(A) IN GENERAL.—Subject to subparagraph (B), the term ‘pay for success initiative’ means a performance-based grant, contract, or cooperative agreement awarded by a State or local public entity (such as a local educational agency) to a public or private nonprofit entity—
“(i) in which a commitment is made to pay for improved outcomes that result in increased public value and social benefit to students and the public sector, such as improved student outcomes as evidenced by the indicators of performance described in section 113(b)(2) and direct cost savings or cost avoidance to the public sector; and
“(ii) that includes—
“(I) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness;
“(B) EXCLUSION.—The term ‘pay for success initiative’ does not include any initiative that—
“(i) reduces the special education or related services that a student would otherwise receive under the Individuals with Disabilities Education Act; or
“(ii) otherwise reduces the rights of a student or the obligations of an entity under the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or any other law.”.
(18) in paragraph (39)(C) (as redesignated by paragraph (2)), by striking “apprenticeship” and inserting “other skilled training”;
(19) by inserting after paragraph (39) (as redesignated by paragraph (2)) the following:
“(40) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ means activities that—
“(A) are an integral part of eligible agency, eligible recipient, institution, or school strategies for providing educators (including teachers, principals, other school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals) with the knowledge and skills necessary to enable students to succeed in career and technical education, to meet challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act, or to achieve academic skills at the postsecondary level; and
“(B) are sustained (not stand-alone, 1-day, or short-term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, to the extent practicable evidence-based, and may include activities that—
“(iii) allow personalized plans for each educator to address the educator’s specific needs identified in observation or other feedback;
“(iv) support the recruitment, hiring, and training of effective educators, including educators who became certified through State and local alternative routes to certification;
“(vi) are developed with extensive participation of educators, parents, students, and representatives of Indian Tribes (as applicable), of schools and institutions served under this Act;
“(vii) are designed to give educators of students who are English learners in career and technical education programs or programs of study the knowledge and skills to provide instruction and appropriate language and academic support services to those students, including the appropriate use of curricula and assessments;
“(viii) as a whole, are regularly evaluated for their impact on increased educator effectiveness and improved student academic and technical achievement, with the findings of the evaluations used to improve the quality of professional development;
“(ix) are designed to give educators of individuals with disabilities in career and technical education programs or programs of study the knowledge and skills to provide instruction and academic support services to those individuals, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;
“(x) include instruction in the use of data and assessments to inform and instruct classroom practice;
“(xi) include instruction in ways that educators may work more effectively with parents and families;
“(xii) provide follow-up training to educators who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the educators are implemented in the classroom;
“(41) PROGRAM OF STUDY.—The term ‘program of study’ means a coordinated, nonduplicative sequence of academic and technical content at the secondary and postsecondary level that—
“(A) incorporates challenging State academic standards, including those adopted by a State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;
“(C) is aligned with the needs of industries in the economy of the State, region, Tribal community, or local area;
“(42) QUALIFIED INTERMEDIARY.—The term ‘qualified intermediary’ means a nonprofit entity, which may be part of an industry or sector partnership, that demonstrates expertise in building, connecting, sustaining, and measuring partnerships with entities such as employers, schools, community-based organizations, postsecondary institutions, social service organizations, economic development organizations, Indian tribes or Tribal organizations, and workforce systems to broker services, resources, and supports to youth and the organizations and systems that are designed to serve youth, including—
“(43) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term ‘recognized postsecondary credential’ has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”;
(20) by inserting after paragraph (45) (as redesignated by paragraph (2)) the following:
(21) in paragraph (48) (as redesignated by paragraph (2))—
(C) in subparagraph (F), by striking “individuals with limited English proficiency.” and inserting “English learners;”; and
(D) by adding at the end the following:
“(G) homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
(22) in paragraph (50) (as redesignated by paragraph (2)), by inserting “(including paraprofessionals and specialized instructional support personnel)” after “supportive personnel”;
(23) in paragraph (52) (as redesignated by paragraph (2))—
(24) by adding at the end the following:
“(53) TRIBAL ORGANIZATION.—The term ‘Tribal organization’ has the meaning given the term ‘tribal organization’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(54) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal design for learning’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
“(55) WORK-BASED LEARNING.—The term ‘work-based learning’ means sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, firsthand engagement with the tasks required in a given career field, that are aligned to curriculum and instruction.”.
Section 4 (20 U.S.C. 2303) is amended—
Section 8 (20 U.S.C. 2306a) is amended—
(1) in subsection (a), by striking “Federal Government to mandate,” and all that follows through the period at the end and inserting “Federal Government—
“(1) to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards);
“(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); or
(2) by amending subsection (d) to read as follows:
“(d) Rule of Construction.—Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code, (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5, United States Code, commonly known as the “Congressional Review Act”).”; and
(3) by adding at the end the following:
“(f) Congressional notice and comment.—
“(1) NOTICE TO CONGRESS.—Not less than 15 business days prior to issuing a notice of proposed rulemaking related to this Act in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—
“(D) the anticipated burden (including the time, cost, and paperwork burden) the regulation will impose on an eligible agency, institution, or recipient that may be impacted by the regulation, including the potential impact on rural areas;
“(2) COMMENT PERIOD FOR CONGRESS.—The Secretary shall—
“(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and
“(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUATIONS.—The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall—
“(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);
Section 9 (20 U.S.C. 2307) is amended to read as follows:
SEC. 110. Reservations and State allotment.
Section 111 (20 U.S.C. 2321) is amended to read as follows:
“SEC. 111. Reservations and State allotment.
“(a) Reservations and State allotment.—
“(1) RESERVATIONS.—From the amount appropriated under section 9 for each fiscal year, the Secretary shall reserve—
“(2) FOUNDATIONAL GRANT.—
“(3) ADDITIONAL FUNDS.—Subject to paragraph (4), from the additional funds remaining from the amount appropriated under section 9 and not expended under paragraphs (1) and (2) for a fiscal year, the Secretary shall allot to a State for the fiscal year—
“(A) an amount that bears the same ratio to 50 percent of the sum being allotted as the product of the population aged 15 to 19, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States;
“(B) an amount that bears the same ratio to 20 percent of the sum being allotted as the product of the population aged 20 to 24, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States;
“(C) an amount that bears the same ratio to 15 percent of the sum being allotted as the product of the population aged 25 to 65, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States; and
“(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL FUNDS.—
“(A) IN GENERAL.—Subject to subparagraph (B), for a fiscal year for which there are additional funds described in paragraph (3), no State shall receive for such fiscal year under paragraph (3) less than 1/2 of 1 percent of the additional funds available for such fiscal year. Amounts necessary for increasing such payments to States to comply with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States.
“(B) SPECIAL RULE.—In the case of a qualifying State, the minimum allotment under subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—
“(C) RATIO.—For purposes of subparagraph (B)(ii)(II)(aa), the ratio for a qualifying State for a fiscal year shall be 1.00 less the quotient of—
“(D) DEFINITIONS.—In this paragraph, the term ‘qualifying State’ means a State (except the United States Virgin Islands) that, for the fiscal year for which a determination under this paragraph is made, would receive, under the allotment formula under paragraph (3) (without the application of this paragraph), an amount that would be less than the amount the State would receive under subparagraph (A) for such fiscal year.
“(b) Reallotment.—If the Secretary determines that any amount of any State’s allotment under subsection (a) for any fiscal year will not be required for such fiscal year for carrying out the activities for which such amount has been allotted, the Secretary shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same year as the Secretary shall fix, and shall be made on the basis of criteria established by regulation. No funds may be reallotted for any use other than the use for which the funds were appropriated. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year and shall be deemed to be part of the State’s allotment for the year in which the amount is obligated.
“(c) Allotment ratio.—
“(1) IN GENERAL.—The allotment ratio for any State shall be 1.00 less the product of—
“(2) PROMULGATION.—The allotment ratios shall be promulgated by the Secretary for each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year for which the determination is made. Allotment ratios shall be computed on the basis of the average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for which satisfactory data are available.
SEC. 111. Within State allocation.
Section 112 (20 U.S.C. 2322) is amended—
(1) in subsection (a)—
(2) in subsection (c), by striking “section 135” and all that follows through the end and inserting “section 135—
Section 113 (20 U.S.C. 2323) is amended—
(1) in subsection (b)—
(C) by striking paragraph (2) and inserting the following:
“(2) INDICATORS OF PERFORMANCE.—
“(A) CORE INDICATORS OF PERFORMANCE FOR CTE CONCENTRATORS AT THE SECONDARY LEVEL.—Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the secondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
“(i) The percentage of CTE concentrators who graduate high school, as measured by—
“(ii) CTE concentrator proficiency in the challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as measured by the academic assessments described in section 1111(b)(2) of such Act.
“(iii) The percentage of CTE concentrators who, in the second quarter after exiting from secondary education, are in postsecondary education or advanced training, military service or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are volunteers as described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are employed.
“(iv) Indicators of career and technical education program quality as follows:
“(I) That shall include at least 1 of the following:
“(aa) The percentage of CTE concentrators graduating from high school having attained a recognized postsecondary credential.
“(B) CORE INDICATORS OF PERFORMANCE FOR CTE CONCENTRATORS AT THE POSTSECONDARY LEVEL.—Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the postsecondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
“(i) The percentage of CTE concentrators who, during the second quarter after program completion, remain enrolled in postsecondary education, are in advanced training, military service, or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are volunteers as described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are placed or retained in employment.
“(C) ALIGNMENT OF PERFORMANCE INDICATORS.—In developing core indicators of performance under subparagraphs (A) and (B), an eligible agency shall, to the greatest extent possible, align the indicators so that substantially similar information gathered for other State and Federal programs, or for any other purpose, may be used to meet the requirements of this section.”;
(D) in paragraph (3)—
(ii) by amending subparagraph (A) to read as follows:
“(A) STATE DETERMINED LEVELS OF PERFORMANCE FOR CORE INDICATORS OF PERFORMANCE.—
“(i) IN GENERAL.—
“(I) LEVELS DETERMINED BY THE ELIGIBLE AGENCY.—Each eligible agency, with input from eligible recipients, shall establish in the State plan submitted under section 122, for each year covered by the State plan, State determined levels of performance for each of the core indicators described under subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this title. The level of performance for a core indicator shall be the same for all CTE concentrators in the State.
“(II) TECHNICAL ASSISTANCE.—The Secretary may assist an eligible agency in establishing the State determined levels of performance under this subparagraph only at the request of that eligible agency.
“(III) REQUIREMENTS.—Such State determined levels of performance shall, at a minimum—
“(aa) be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable;
“(bb) require the State to continually make meaningful progress toward improving the performance of all career and technical education students, including the subgroups of students described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965, and special populations, as described in section 3(48); and
“(cc) have been subject to the public comment process described in subparagraph (B), and the eligible agency has provided a written response;
“(dd) when being adjusted pursuant to clause (ii), take into account how the levels of performance involved compare with the State levels of performance established for other States, considering factors including the characteristics of actual (as opposed to anticipated) CTE concentrators when the CTE concentrators entered the program, and the services or instruction to be provided;
“(ii) ALLOWABLE ADJUSTMENT OF STATE DETERMINED LEVELS OF PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the third program year covered by the State plan, each eligible agency may revise the State determined levels of performance for any of the core indicators of performance for the subsequent program years covered by the State plan, and submit the revised State determined levels of performance to the Secretary. If the eligible agency adjusts any levels of performance, the eligible agency shall adjust those levels in accordance with clause (i), and address written comments of stakeholders as described in subparagraph (B). The Secretary shall approve those revised levels of performance if those levels meet the requirements described in subclause (III) of clause (i). The State determined adjusted levels of performance identified under this clause shall be considered to be the State determined levels of performance for the State for such years and shall be incorporated into the State plan.
“(iii) UNANTICIPATED CIRCUMSTANCES.—If unanticipated circumstances arise in a State or changes occur related to improvements in data or measurement approaches, the eligible agency, at the end of the program year, may revise the State determined levels of performance required under this subparagraph. After public comment, as described in subparagraph (B), the eligible agency shall submit such revised levels of performance to the Secretary with evidence supporting the revision. The Secretary shall approve any such revision if that revision meets the requirements of clause (ii).”;
(iii) by striking subparagraph (B) and inserting the following:
“(B) PUBLIC COMMENT.—
“(i) IN GENERAL.—Each eligible agency shall develop the levels of performance under subparagraph (A) in consultation with the stakeholders identified in section 122(c)(1)(A).
“(ii) WRITTEN COMMENTS.—Not less than 60 days prior to submission of the State plan, the eligible agency shall provide such stakeholders with the opportunity to provide written comments to the eligible agency, which shall be included in the State plan, regarding how the levels of performance described under subparagraph (A)—
(iv) by adding at the end the following:
“(C) STATE REPORT.—
“(i) IN GENERAL.—Each eligible agency that receives an allotment under section 111 shall annually prepare and submit to the Secretary a report regarding—
“(ii) DATA.—Except as provided in subparagraph (E), each eligible agency that receives an allotment under section 111 shall—
“(I) disaggregate data for each of the indicators of performance under paragraph (2)—
“(II) identify and quantify any disparities or gaps in performance on the State determined levels of performance under subparagraph (A) between any such subgroup or special population and the performance of all CTE concentrators served by the eligible agency under this Act, which shall include a quantifiable description of the progress each such subgroup or special population of students served by the eligible agency under this Act has made in meeting the State determined levels of performance; and
“(III) for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the following:
“(aa) Individuals enrolled in postsecondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree).
“(cc) Individuals in military service or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).
“(iii) NONDUPLICATION.—The Secretary shall ensure that each eligible agency does not report duplicative information under this section.
“(D) STATE DISSEMINATION OF ACTUAL LEVELS OF PERFORMANCE.—At the end of each program year, the eligible agency shall disseminate the actual levels of performance described in subparagraph (C)(i)(II)—
“(E) RULES FOR REPORTING DATA.—The disaggregation of data under this paragraph shall not be required when the number of students in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual student.”; and
(E) in paragraph (4)—
(i) in subparagraph (A)—
(II) by striking clauses (iii) and (v), and redesignating clauses (iv) and (vi) as clauses (iii) and (v), respectively;
(III) in clause (i)—
(aa) in the matter preceding subclause (I)—
(AA) by striking “State adjusted levels of performance” and inserting “State determined levels of performance for each year of the plan”; and
(BB) by striking “local adjusted levels” and inserting “local levels” each place the term appears;
(bb) in subclause (I)—
(AA) by striking “consistent with the State levels of performance established under paragraph (3), so as” and inserting “consistent with the form expressed in the State determined levels, so as”; and
(BB) by striking “and” after the semicolon; and
(cc) in subclause (II), by striking “continually make progress toward improving the performance of career and technical education students.” and inserting “continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of students described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 and special populations, as described in section 3(48);”; and
(dd) by adding at the end the following:
“(III) when being adjusted as described in clause (iii), be higher than the average actual performance levels of the previous 2 program years, except in a case in which unanticipated circumstances arise with respect to the eligible recipient and that eligible recipient meets the requirements for revisions under clause (iv);
“(IV) when being adjusted as described in clause (iii), take into account how the local levels of performance compare with the local levels of performance established for other eligible recipients, considering factors including the characteristics of actual (as opposed to anticipated) CTE concentrators at the time those CTE concentrators entered the program, and the services or instruction to be provided; and
(V) by amending clause (iii), as redesignated by subclause (II), to read as follows:
“(iii) ALLOWABLE ADJUSTMENTS OF LOCAL LEVELS OF PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the third program year covered by the local application, the eligible recipient may, if the eligible recipient reaches an agreement with the eligible agency, adjust the local levels of performance for any of the core indicators of performance for the subsequent program years covered by the local application, in accordance with that agreement and with this subparagraph. The local adjusted levels of performance agreed to under this clause shall be considered to be the local levels of performance for the eligible recipient for such years and shall be incorporated into the local application.”; and
(VI) in clause (v), as redesignated by subclause (II), by striking “If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised.” and inserting “If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eligible recipient may request that the local levels of performance agreed to under clauses (i) and (iii) be revised.”;
(iii) in subparagraph (B), as redesignated by clause (ii)—
(I) in clause (i), by striking “the data described in clause (ii)(I), regarding the progress of such recipient in achieving the local adjusted levels of performance” and inserting “the data on the actual performance levels described in clause (ii), including the progress of such recipient in achieving the local levels of performance”;
(II) in clause (ii)—
(aa) in subclause (I)—
(AA) by striking “section 1111(h)(1)(C)(i)” and inserting “section 1111(h)(1)(C)(ii)”;
(BB) by striking “section 3(29)” and inserting “section 3(48)”; and
(CC) by striking “and” after the semicolon; and
(bb) in subclause (II)—
(AA) by inserting “, as described in paragraph 3(C)(ii)(II),” after “gaps in performance”;
(BB) by inserting “as described in subclause (I) (including special populations)” after “category of students”;
(CC) by striking “all students” and inserting “all CTE concentrators”; and
(DD) by adding at the end the following:
“(III) disaggregate data by the career and technical education programs or programs of study of the CTE concentrators, except that in a case in which reporting by such program or program of study is impractical, the data may be disaggregated by the career clusters of the CTE concentrators, if appropriate; and
“(IV) for CTE concentrators described in paragraph (2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each of the following:
“(aa) Individuals enrolled in postsecondary education (disaggregated by postsecondary award level, including certificate, associate, or baccalaureate degree).
“(cc) Individuals in military service or a service program that receives assistance under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).
(V) by striking clause (v) and inserting the following:
“(v) AVAILABILITY.—The report described in clause (i) shall be made available by the eligible recipient through a variety of formats, including electronically through the Internet, to students, parents, educators, and the public, and the information contained in such report shall be in a format that is understandable and uniform, and to the extent practicable, provided in a language that students, parents, and educators can understand.”; and
Section 114 (20 U.S.C. 2324) is amended—
(1) in subsection (a)(1)—
(2) by amending subsection (b) to read as follows:
“(b) Reasonable cost.—The Secretary shall take such action as may be necessary to secure at reasonable cost the information required by this title. To ensure reasonable cost, the Secretary, in consultation with the National Center for Education Statistics and the Office of Career, Technical, and Adult Education shall determine the methodology to be used and the frequency with which such information is to be collected.”;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(B) in paragraph (2)—
(ii) in subparagraph (A)—
(I) by striking “subsection (e), the Secretary” and inserting “subsection (f), the Secretary, acting through the Director,”;
(II) by striking “an independent evaluation and assessment” and inserting “a series of research and evaluation initiatives for each year for which funds are appropriated to carry out this Act, which are aligned with the plan in subsection (c)(2),”;
(iii) by amending subparagraph (B) to read as follows:
“(B) CONTENTS.—The evaluation required under subparagraph (A) shall include descriptions and evaluations of—
“(i) the extent and success of the integration of challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and career and technical education for students participating in career and technical education programs, including a review of the effect of such integration on the academic and technical proficiency achievement of such students, including—
“(I) the number of such students that receive a regular high school diploma, as such term is defined under section 8101 of the Elementary and Secondary Education Act of 1965 or a State-defined alternative diploma described in section 8101(25)(A)(ii)(I)(bb) of such Act;
“(ii) the extent to which career and technical education programs and programs of study prepare students, including special populations, for subsequent employment in high-skill, high-wage occupations (including those in which mathematics and science skills are critical, which may include computer science), or for participation in postsecondary education;
“(iii) employer involvement in, benefit from, and satisfaction with, career and technical education programs and programs of study and career and technical education students’ preparation for employment;
“(iv) efforts to expand access to career and technical education programs of study for all students;
“(v) innovative approaches to work-based learning programs that increase participation and alignment with employment in high-growth industries, including in rural and low-income areas;
“(vi) the effectiveness of different delivery systems and approaches for career and technical education, including comprehensive high schools, technical high schools, area technical centers, career academies, community and technical colleges, early college high schools, pre-apprenticeship programs, voluntary after-school programs, and individual course offerings, including dual or concurrent enrollment program courses, as well as communication strategies for promoting career and technical education opportunities involving teachers, school counselors, and parents or other guardians;
“(vii) the extent to which career and technical education programs supported by this Act are grounded on evidence-based research;
“(viii) the impact of the amendments to this Act made under the Strengthening Career and Technical Education for the 21st Century Act, including comparisons, where appropriate, of—
“(III) coordination of planning and program delivery with other relevant laws, including the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Elementary and Secondary Education Act of 1965;
(iv) in subparagraph (C)—
(I) in clause (i)—
(aa) in the matter preceding subclause (I), by inserting “, in consultation with the Director,” after “The Secretary”; and
(bb) by striking subclauses (I) and (II) and inserting the following:
“(I) not later than 2 years after the date of enactment of the Strengthening Career and Technical Education for the 21st Century Act, an interim report regarding the evaluation and summary of research activities carried out under this section that builds on studies and analyses existing as of such date of enactment;
(II) in clause (ii), by inserting “the Director,” after “the President, the Secretary,” each place the term appears; and
(III) by adding after clause (ii) the following:
“(iii) DISSEMINATION.—In addition to submitting the reports required under clause (i), the Secretary shall disseminate the results of the evaluation widely and on a timely basis in order to increase the understanding among State and local officials and educators of the effectiveness of programs and activities supported under the Act and of the career and technical education programs and programs of study that are most likely to produce positive educational and employment outcomes.”;
(C) in subparagraph (3)(A), by striking “State adjusted levels of performance described in section 113(b)” and inserting “State determined levels of performance described in section 113(b), as long as such information does not reveal any personally identifiable information”; and
(D) by striking paragraphs (4) and (5) and inserting the following:
“(4) RESEARCH.—
“(A) IN GENERAL.—From amounts made available under subsection (f), the Secretary, after consultation with the Director, the Commissioner for Education Research, and the States, and with input from the independent advisory panel established under subsection (d)(1)(A), shall award a grant, contract, or cooperative agreement, on a competitive basis, to an institution of higher education or to a consortium of one or more institutions of higher education and one or more private nonprofit organizations or agencies, to carry out one or more of the activities described in subparagraph (B).
“(B) GRANT ACTIVITIES.—An institution or consortium receiving a grant under this paragraph shall use grant funds to carry out one or more of the following activities:
“(i) Evidence-based research and evaluation for the purpose of developing, improving, and identifying the most successful methods for—
“(ii) Research on, and evaluation of, the impact of changes made by the Strengthening Career and Technical Education for the 21st Century Act, including State-by-State comparisons, where appropriate, of—
“(III) how States have implemented provisions of the Act, including both fiscal and programmatic elements;
“(V) coordination with other relevant laws, including the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Elementary and Secondary Education Act of 1965, and the Higher Education Act of 1965.
“(iii) Evidence-based research and analyses that provide longitudinal information with respect to career and technical education programs and programs of study and student achievement.
“(iv) The implementation of, evaluation of, or evidence-based research of, innovative methods that support high-quality implementation of career and technical education programs and programs of study and student achievement related to career and technical education, including—
“(I) creating or expanding dual or concurrent enrollment program activities and early college high schools;
“(II) awarding of academic credit or academic alignment for industry recognized credentials, competency-based education, or work-based learning;
“(C) REPORT.—The institution or consortium receiving a grant under this paragraph shall annually prepare a report containing information about the key research findings of such entity under this paragraph and shall submit copies of the report to the Secretary and the Director. The Secretary shall submit copies of the report to the relevant committees of Congress, the Library of Congress, and each eligible agency.
“(D) DISSEMINATION.—The institution or consortium receiving a grant under this paragraph shall conduct dissemination and training activities based on the research carried out under this paragraph on a timely basis, including through dissemination networks and, as appropriate and relevant, technical assistance providers within the Department.”;
(6) by inserting after subsection (d) the following:
“(e) Innovation and modernization.—
“(1) GRANT PROGRAM.—To identify, support, and rigorously evaluate evidence-based and innovative strategies and activities to improve and modernize career and technical education and align workforce skills with labor market needs as part of the State plan under section 122 and local application under section 134 and the requirements of this subsection, the Secretary may use not more than 20 percent of the amounts appropriated under subsection (f) to award grants to eligible entities, eligible institutions, or eligible recipients to carry out the activities described in paragraph (7).
“(2) NON-FEDERAL MATCH.—
“(A) MATCHING FUNDS REQUIRED.—Except as provided under subparagraph (B), to receive a grant under this subsection, an eligible entity, eligible institution, or eligible recipient shall, through cash or in-kind contributions, provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the funds provided under such grant.
“(3) APPLICATION.—To receive a grant under this subsection, an eligible entity, eligible institution, or eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum—
“(A) an identification and designation of the agency, institution, or school responsible for the administration and supervision of the program assisted under this paragraph;
“(B) a description of the budget for the project, the source and amount of the matching funds required under paragraph (2)(A), and how the applicant will continue the project after the grant period ends, if applicable;
“(C) a description of how the applicant will use the grant funds, including how such funds will directly benefit students, including special populations, served by the applicant;
“(D) a description of how the program assisted under this subsection will be coordinated with the activities carried out under section 124 or 135;
“(E) a description of how the career and technical education programs or programs of study to be implemented with grant funds reflect the needs of regional, State, or local employers, as demonstrated by the comprehensive needs assessment under section 134(c);
“(F) a description of how the program assisted under this subsection will be evaluated and how that evaluation may inform the report described in subsection (d)(2)(C); and
“(G) an assurance that the applicant will—
“(i) provide information to the Secretary, as requested, for evaluations that the Secretary may carry out; and
“(ii) make data available to third parties for validation, in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the ‘Family Educational Rights and Privacy Act of 1974’).
“(4) PRIORITY.—In awarding grants under this subsection, the Secretary shall give priority to applications from eligible entities, eligible institutions, or eligible recipients that will predominantly serve students from low-income families.
“(5) GEOGRAPHIC DIVERSITY.—
“(A) IN GENERAL.—In awarding grants under this subsection, the Secretary shall award no less than 25 percent of the total available funds for any fiscal year to eligible entities, eligible institutions, or eligible recipients proposing to fund career and technical education activities that serve—
“(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary;
“(ii) an institution of higher education primarily serving the one or more areas served by such a local educational agency;
“(6) DURATION.—
“(A) IN GENERAL.—Grants awarded under this subsection shall be for a period of not more than 3 years.
“(B) EXTENSION.—The Secretary may extend such grants for not more than 1 additional 2-year period if the grantee demonstrates to the Secretary that the grantee is achieving the grantee's program objectives and, as applicable, has improved education outcomes for career and technical education students, including special populations.
“(7) USES OF FUNDS.—An eligible entity, eligible institution, or eligible recipient that is awarded a grant under this subsection shall use the grant funds to create, develop, implement, replicate, or take to scale evidence-based, field-initiated innovations to modernize and improve effectiveness and alignment of career and technical education and to improve student outcomes in career and technical education, and rigorously evaluate such innovations, through one or more of the following activities:
“(A) Designing and implementing courses or programs of study aligned to labor market needs in new or emerging fields and working with industry to upgrade equipment, technology, and related curriculum used in career and technical education programs, which is needed for the development, expansion, and implementation of State-approved career and technical education programs of study, including—
“(i) the development or acquisition of instructional materials associated with the equipment and technology purchased by an eligible entity, eligible institution, or eligible recipient through the grant; or
“(ii) efforts to expand, develop, or implement programs designed to increase opportunities for students to take rigorous courses in coding or computer science subject areas, and support for statewide efforts to increase access and implementation of coding or computer science courses in order to meet local labor market needs in occupations that require skills in those subject areas.
“(B) Improving career and technical education outcomes of students served by eligible entities, eligible institutions, or eligible recipients through activities such as—
“(i) supporting the development and enhancement of innovative delivery models for career and technical education related work-based learning, including school-based simulated work sites, mentoring, work site visits, job shadowing, project-based learning, and skills-based and paid internships;
“(ii) increasing the effective use of technology within career and technical education programs and programs of study;
“(C) Improving the transition of students—
“(i) from secondary education to postsecondary education or employment through programs, activities, or services that may include the creation, development, or expansion of dual or concurrent enrollment programs, articulation agreements, credit transfer agreements, and competency-based education; or
“(D) Supporting the development and enhancement of innovative delivery models for career and technical education.
“(E) Working with industry to design and implement courses or programs of study aligned to labor market needs in new or emerging fields.
“(F) Supporting innovative approaches to career and technical education by redesigning the high school experience for students, which may include evidence-based transitional support strategies for students who have not met postsecondary education eligibility requirements.
“(G) Creating or expanding recruitment, retention, or professional development activities for career and technical education teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals, which may include—
“(i) providing resources and training to improve instruction for, and provide appropriate accommodations to, special populations;
“(iii) the integration of coherent and rigorous academic content standards and career and technical education curricula, including through opportunities for appropriate academic and career and technical education teachers to jointly develop and implement curricula and pedagogical strategies;
“(I) Supporting the use of career and technical education programs and programs of study in a coordinated strategy to address identified employer needs and workforce shortages, such as shortages in the early childhood, elementary school, and secondary school education workforce.
“(J) Providing integrated student support that addresses the comprehensive needs of students, such as incorporating accelerated and differentiated learning opportunities supported by evidence-based strategies for special populations.
“(K) Establishing an online portal for career and technical education students, including special populations, preparing for postsecondary career and technical education, which may include opportunities for mentoring, gaining financial literacy skills, and identifying career opportunities and interests, and a platform to establish online savings accounts to be used exclusively for postsecondary career and technical education programs and programs of study.
“(8) EVALUATION.—Each eligible entity, eligible institution, or eligible recipient receiving a grant under this subsection shall provide for an independent evaluation of the activities carried out using such grant and submit to the Secretary an annual report that includes—
“(B) the performance of the eligible entity, eligible institution, or eligible recipient with respect to, at a minimum, the performance indicators described under section 113, as applicable, and disaggregated by—
SEC. 114. Assistance for the outlying areas.
Section 115 (20 U.S.C. 2325) is amended—
Section 116 (20 U.S.C. 2326) is amended—
(1) in subsection (a)—
(D) in paragraph (3) (as redesignated by subparagraph (C)), in the paragraph heading, by striking “hawaiian” and inserting “Hawaiian”; and
(E) in paragraph (4) (as redesignated by subparagraph (C))—
(ii) by inserting “(20 U.S.C. 7517)” after “Act”;
(2) in subsection (b)—
(B) in paragraph (2)—
(C) in paragraph (3)—
(D) in paragraph (4)—
Section 117 (20 U.S.C. 2327) is amended—
(1) in subsection (a)(2), by striking “(25 U.S.C. 640a et seq.)” and inserting “(Public Law 92–189; 85 Stat. 646)”;
(2) in subsection (d), by striking “(25 U.S.C. 640a et seq.)” and inserting “(Public Law 92–189; 85 Stat. 646)”;
Section 118 (20 U.S.C. 2328) is repealed.
SEC. 121. State administration.
Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is amended by striking “parents” and all that follows through the end of the paragraph and inserting “teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, representatives of business (including small businesses), labor organizations, eligible recipients, local program administrators, State and local officials, Indian Tribes or Tribal organizations present in the State, parents, students, and community organizations;”.
Section 122 (20 U.S.C. 2342) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(C) in paragraph (3), by striking “(including charter school” and all that follows through “and community organizations)” and inserting “(including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, labor organizations, parents, students, Indian Tribes and Tribal organizations that may be present in the State, and community organizations)”; and
(D) by adding at the end the following:
“(4) PUBLIC COMMENT.—Each eligible agency shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. In the plan the eligible agency files under this subsection, the eligible agency shall provide an assurance that public comments were taken into account in the development of the State plan.
“(5) OPTIONAL SUBMISSION OF SUBSEQUENT PLANS.—An eligible agency may, after the first 4-year State plan is submitted under this section, submit subsequent 4-year plans not later than 120 days prior to the end of the 4-year period covered by the preceding State plan or, if an eligible agency chooses not to submit a State plan for a subsequent 4-year period, the eligible agency shall submit, and the Secretary shall approve, annual revisions to the State determined levels of performance in the same manner as revisions submitted and approved under section 113(b)(3)(A)(ii).”; and
(2) by striking subsections (b) through (e) and inserting the following:
“(b) Options for submission of state plan.—
“(1) COMBINED PLAN.—The eligible agency may submit a combined plan that meets the requirements of this section and the requirements of section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113).
“(c) Plan development.—
“(1) IN GENERAL.—The eligible agency shall—
“(A) develop the State plan in consultation with—
“(i) representatives of secondary and postsecondary career and technical education programs, including eligible recipients and representatives of 2-year minority-serving institutions and historically Black colleges and universities and tribally controlled colleges or universities in States where such institutions are in existence, adult career and technical education providers, and charter school representatives in States where such schools are in existence, which shall include teachers, faculty, school leaders, specialized instructional support personnel, career and academic guidance counselors, and paraprofessionals;
“(ii) interested community representatives, including parents, students, and community organizations;
“(iii) representatives of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) (referred to in this section as the ‘State board’);
“(v) representatives of business and industry (including representatives of small business), which shall include representatives of industry and sector partnerships in the State, as appropriate, and representatives of labor organizations in the State;
“(vi) representatives of agencies serving out-of-school youth, homeless children and youth, and at-risk youth, including the State Coordinator for Education of Homeless Children and Youths established or designated under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3));
“(2) ACTIVITIES AND PROCEDURES.—The eligible agency shall develop effective activities and procedures, including access to information needed to use such procedures, to allow the individuals and entities described in paragraph (1) to participate in State and local decisions that relate to development of the State plan.
“(d) Plan contents.—The State plan shall include—
“(1) a summary of State-supported workforce development activities (including education and training) in the State, including the degree to which the State’s career and technical education programs and programs of study are aligned with and address the education and skill needs of the employers in the State identified by the State board;
“(2) the State’s strategic vision and set of goals for preparing an educated and skilled workforce (including special populations) and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the State’s career and technical education programs will help to meet these goals;
“(3) a strategy for any joint planning, alignment, coordination, and leveraging of funds—
“(A) between the State’s career and technical education programs and programs of study with the State’s workforce development system, to achieve the strategic vision and goals described in paragraph (2), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); and
“(4) a description of the career and technical education programs or programs of study that will be supported, developed, or improved at the State level, including descriptions of—
“(A) the programs of study to be developed at the State level and made available for adoption by eligible recipients;
“(B) the process and criteria to be used for approving locally developed programs of study or career pathways, including how such programs address State workforce development and education needs and the criteria to assess the extent to which the local application under section 132 will—
“(C) how the eligible agency will—
“(i) make information on approved programs of study and career pathways (including career exploration, work-based learning opportunities, early college high schools, and dual or concurrent enrollment program opportunities) and guidance and advisement resources, available to students (and parents, as appropriate), representatives of secondary and postsecondary education, and special populations, and to the extent practicable, provide that information and those resources in a language students, parents, and educators can understand;
“(ii) facilitate collaboration among eligible recipients in the development and coordination of career and technical education programs and programs of study and career pathways that include multiple entry and exit points;
“(iii) use State, regional, or local labor market data to determine alignment of eligible recipients’ programs of study to the needs of the State, regional, or local economy, including in-demand industry sectors and occupations identified by the State board, and to align career and technical education with such needs, as appropriate;
“(iv) ensure equal access to approved career and technical education programs of study and activities assisted under this Act for special populations;
“(v) coordinate with the State board to support the local development of career pathways and articulate processes by which career pathways will be developed by local workforce development boards, as appropriate;
“(vi) support effective and meaningful collaboration between secondary schools, postsecondary institutions, and employers to provide students with experience in, and understanding of, all aspects of an industry, which may include work-based learning such as internships, mentorships, simulated work environments, and other hands-on or inquiry-based learning activities; and
“(5) a description of the criteria and process for how the eligible agency will approve eligible recipients for funds under this Act, including how—
“(6) a description of how the eligible agency will support the recruitment and preparation of teachers, including special education teachers, faculty, school principals, administrators, specialized instructional support personnel, and paraprofessionals to provide career and technical education instruction, leadership, and support, including professional development that provides the knowledge and skills needed to work with and improve instruction for special populations;
“(8) a description of how funds received by the eligible agency through the allotment made under section 111 will be distributed—
“(A) among career and technical education at the secondary level, or career and technical education at the postsecondary and adult level, or both, including how such distribution will most effectively provide students with the skills needed to succeed in the workplace; and
“(B) among any consortia that may be formed among secondary schools and eligible institutions, and how funds will be distributed among the members of the consortia, including the rationale for such distribution and how it will most effectively provide students with the skills needed to succeed in the workplace;
“(9) a description of the eligible agency’s program strategies for special populations, including a description of how individuals who are members of special populations—
“(C) will be provided with programs designed to enable individuals who are members of special populations to meet or exceed State determined levels of performance described in section 113, and prepare special populations for further learning and for high-skill, high-wage, or in-demand industry sectors or occupations;
“(10) a description of the procedure the eligible agency will adopt for determining State determined levels of performance described in section 113, which, at a minimum, shall include—
“(11) a description of how the eligible agency will address disparities or gaps in performance, as described in section 113(b)(3)(C)(ii)(II), in each of the plan years, and if no meaningful progress has been achieved prior to the third program year, a description of the additional actions the eligible agency will take to eliminate these disparities or gaps;
“(12) describes how the eligible agency will involve parents, academic and career and technical education teachers, administrators, faculty, career guidance and academic counselors, local business (including small businesses), labor organizations, and representatives of Indian Tribes and Tribal organizations, as appropriate, in the planning, development, implementation, and evaluation of such career and technical education programs; and
“(13) assurances that—
“(A) the eligible agency will comply with the requirements of this Act and the provisions of the State plan, including the provision of a financial audit of funds received under this Act, which may be included as part of an audit of other Federal or State programs;
“(B) 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 representing the interests of the acquiring entity or the employees of the acquiring entity, or any affiliate of such an organization;
“(C) the eligible agency will use the funds to promote preparation for high-skill, high-wage, or in-demand industry sectors or occupations and non-traditional fields, as identified by the eligible agency;
“(D) the eligible agency will use the funds provided under this Act to implement career and technical education programs and programs of study for individuals in State correctional institutions, including juvenile justice facilities; and
“(E) the eligible agency will provide local educational agencies, area career and technical education schools, and eligible institutions in the State with technical assistance, including technical assistance on how to close gaps in student participation and performance in career and technical education programs; and
“(e) Consultation.—
“(1) IN GENERAL.—The eligible agency shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, and secondary career and technical education after consultation with—
“(A) the State agency responsible for supervision of community colleges, technical institutes, other 2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education, or, where applicable, institutions of higher education that are engaged in providing postsecondary career and technical education as part of their mission;
“(2) OBJECTIONS OF STATE AGENCIES.—If a State agency other than the eligible agency finds that a portion of the final State plan is objectionable, that objection shall be filed together with the State plan. The eligible agency shall respond to any objections of such State agency in the State plan submitted to the Secretary.
“(3) JOINT SIGNATURE AUTHORITY.—A Governor shall have 30 days prior to the eligible agency submitting the State plan to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the eligible agency to the Governor, the eligible agency shall submit the plan to the Secretary without such signature.
“(f) Plan approval.—
“(1) IN GENERAL.—Not later than 120 days after the eligible agency submits its State plan, the Secretary shall approve such State plan, or a revision of the plan under subsection (a)(2) (including a revision of State determined levels of performance in accordance with section 113(b)(3)(A)(iii)), if the Secretary determines that the State has submitted in its State plan State determined levels of performance that meet the criteria established in section 113(b)(3), including the minimum requirements described in section 113(b)(3)(A)(i)(III), unless the Secretary—
Section 123 (20 U.S.C. 2343) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(B) in paragraph (2)—
(C) in paragraph (3)(A)—
(ii) by striking clauses (ii) and (iii) and inserting the following:
“(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.”; and
(2) in subsection (b)—
(B) in paragraph (2)—
(ii) by striking “(with special consideration to performance gaps identified under section 113(b)(4)(C)(ii)(II) in consultation with the eligible agency,” and inserting “(that includes an analysis of the performance disparities or gaps identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 134(d)(1), the eligible agency, and”;
(C) in paragraph (4)—
(i) in subparagraph (A)—
(II) by striking clauses (ii) and (iii) and inserting the following:
“(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (2), fails to meet at least 90 percent of the local level of performance for such core indicator for 2 consecutive years after the eligible recipient has been identified for improvement under such paragraph.”; and
SEC. 124. State leadership activities.
Section 124 (20 U.S.C. 2344) is amended—
(1) in subsection (a), by striking “shall conduct State leadership activities.” and inserting “shall—
“(1) conduct State leadership activities to improve career and technical education, which shall include support for—
“(A) preparation for non-traditional fields in current and emerging professions, programs for special populations, and other activities that expose students, including special populations, to high-skill, high-wage, and in-demand occupations;
“(B) individuals in State institutions, such as State correctional institutions, including juvenile justice facilities, and educational institutions that serve individuals with disabilities;
(2) in subsection (b)—
(C) by striking paragraphs (1) through (9) and inserting the following:
“(1) developing statewide programs of study, which may include standards, curriculum, and course development, and career exploration, guidance, and advisement activities and resources;
“(2) approving locally developed programs of study that meet the requirements established in section 122(d)(4)(B);
“(4) establishing statewide industry or sector partnerships among local educational agencies, institutions of higher education, adult education providers, Indian Tribes and Tribal organizations that may be present in the State, employers, including small businesses, and parents, as appropriate to—
“(A) develop and implement programs of study aligned to State and local economic and education needs, including, as appropriate, in-demand industry sectors and occupations;
“(B) facilitate the establishment, expansion, and integration of opportunities for students at the secondary level to—
“(5) for teachers, faculty, specialized instructional support personnel, and paraprofessionals providing career and technical education instruction, support services, and specialized instructional support services, high-quality comprehensive professional development that is, to the extent practicable, grounded in evidence-based research (to the extent a State determines that such evidence is reasonably available) that identifies the most effective educator professional development process and is coordinated and aligned with other professional development activities carried out by the State (including under title II of the Elementary and Secondary Education Act of 1965 and title II of the Higher Education Act of 1965), including programming that—
“(A) promotes the integration of the challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and relevant technical knowledge and skills, including programming jointly delivered to academic and career and technical education teachers;
“(B) prepares career and technical education teachers, faculty, specialized instructional support personnel, and paraprofessionals to provide appropriate accommodations for students who are members of special populations, including through the use of principles of universal design for learning, multi-tier systems of supports, and positive behavioral interventions and support; and
“(C) increases the ability of teachers, faculty, specialized instructional support personnel, and paraprofessionals providing career and technical education instruction to stay current with industry standards and earn an industry-recognized credential or license, as appropriate, including by assisting those with relevant industry experience in obtaining State teacher licensure or credential requirements;
“(7) awarding incentive grants to eligible recipients—
“(A) for exemplary performance in carrying out programs under this Act, which awards shall be based on—
“(i) eligible recipients exceeding the local level of performance on a core indicator of performance established under section 113(b)(4)(A) in a manner that reflects sustained or significant improvement;
“(ii) eligible recipients effectively developing connections between secondary education and postsecondary education and training;
“(8) providing support for—
“(A) the adoption and integration of recognized postsecondary credentials and work-based learning into programs of study, and for increasing data collection associated with recognized postsecondary credentials and employment outcomes; or
“(9) the creation, implementation, and support of pay for success initiatives leading to a recognized postsecondary credential;
“(10) support for career and technical education programs for adults and out-of-school youth concurrent with their completion of their secondary school education in a school or other educational setting;
“(12) support for the development, implementation, and expansion of programs of study or career pathways in areas declared to be in a state of emergency under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191);
“(13) partnering with qualified intermediaries to improve training, the development of public-private partnerships, systems development, capacity-building, and scalability of the delivery of high-quality career and technical education;
“(14) improvement of career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including academic and financial aid counseling;
“(15) support for the integration of employability skills into career and technical education programs and programs of study;
“(16) support for programs and activities that increase access, student engagement, and success in science, technology, engineering, and mathematics fields (including computer science, coding, and architecture), support for the integration of arts and design skills, and support for hands-on learning, particularly for students who are members of groups underrepresented in such subject fields, such as female students, minority students, and students who are members of special populations;
“(17) support for career and technical student organizations, especially with respect to efforts to increase the participation of students in nontraditional fields and students who are members of special populations;
“(18) support for establishing and expanding work-based learning opportunities that are aligned to career and technical education programs and programs of study;
“(20) supporting the use of career and technical education programs and programs of study aligned with State, regional, or local high-skill, high-wage, or in-demand industry sectors or occupations identified by the State workforce development board described in section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) or local workforce development boards;
“(21) making all forms of instructional content widely available, which may include use of open educational resources;
“(22) developing valid and reliable assessments of competencies and technical skills and enhancing data systems to collect and analyze data on secondary and postsecondary academic and employment outcomes;
“(23) support for accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965, in the case of any such program that is part of a career and technical education program of study;
“(24) support for career academies to implement a postsecondary education and workforce-ready curriculum at the secondary education level that integrates rigorous academic, technical, and employability contents through career and technical education programs and programs of study that address needs described in the comprehensive needs assessment under section 134(c); and
SEC. 131. Distribution of funds to secondary education programs.
Section 131 (20 U.S.C. 2351) is amended—
(1) in subsection (a)(3)(B), by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”;
(2) in subsection (c)(2)(A)(ii), by inserting “or programs of study” after “technical education programs”;
SEC. 132. Special rules for career and technical education.
Section 133 (20 U.S.C. 2353) is amended by inserting “or programs of study” after “career and technical education programs” each place the term appears.
SEC. 133. Local application for career and technical education programs.
Section 134 (20 U.S.C. 2354) is amended—
(3) by striking subsection (b) and inserting the following:
“(b) Contents.—The eligible agency shall determine the requirements for local applications, except that each local application shall contain—
“(1) a description of the results of the comprehensive needs assessment conducted under subsection (c);
“(2) information on the career and technical education course offerings and activities that the eligible recipient will provide with funds under this part, which shall include not less than 1 program of study approved by a State under section 124(b)(2), including—
“(A) how the results of the comprehensive needs assessment described in subsection (c) informed the selection of the specific career and technical education programs and activities selected to be funded;
“(3) a description of how the eligible recipient, in collaboration with local workforce development boards and other local workforce agencies, one-stop delivery systems described in section 121(e)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(e)(2)), and other partners, will provide—
“(4) a description of how the eligible recipient will improve the academic and technical skills of students participating in career and technical education programs by strengthening the academic and career and technical education components of such programs through the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education programs to ensure learning in the subjects that constitute a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965);
“(5) a description of how the eligible recipient will—
“(A) provide activities to prepare special populations for high-skill, high-wage, or in-demand industry sectors or occupations that will lead to self-sufficiency;
“(6) a description of the work-based learning opportunities that the eligible recipient will provide to students participating in career and technical education programs and how the recipient will work with representatives from employers to develop or expand work-based learning opportunities for career and technical education students, as applicable;
“(7) a description of how the eligible recipient will provide students participating in career and technical education programs with the opportunity to gain postsecondary credit while still attending high school, such as through dual or concurrent enrollment programs or early college high school, as practicable;
“(8) a description of how the eligible recipient will coordinate with the eligible agency and institutions of higher education to support the recruitment, preparation, retention, and training, including professional development, of teachers, faculty, administrators, and specialized instructional support personnel and paraprofessionals who meet applicable State certification and licensure requirements (including any requirements met through alternative routes to certification), including individuals from groups underrepresented in the teaching profession; and
“(9) a description of how the eligible recipient will address disparities or gaps in performance as described in section 113(b)(3)(C)(ii)(II) in each of the plan years, and if no meaningful progress has been achieved prior to the third program year, a description of the additional actions such recipient will take to eliminate those disparities or gaps.
“(c) Comprehensive needs assessment.—
“(1) IN GENERAL.—To be eligible to receive financial assistance under this part, an eligible recipient shall—
“(2) REQUIREMENTS.—The comprehensive local needs assessment described in paragraph (1) shall include each of the following:
“(A) An evaluation of the performance of the students served by the eligible recipient with respect to State determined and local levels of performance established pursuant to section 113, including an evaluation of performance for special populations and each subgroup described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965.
“(B) A description of how career and technical education programs offered by the eligible recipient are—
“(i) sufficient in size, scope, and quality to meet the needs of all students served by the eligible recipient; and
“(ii) (I) aligned to State, regional, Tribal, or local in-demand industry sectors or occupations identified by the State workforce development board described in section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) (referred to in this section as the ‘State board’) or local workforce development board, including career pathways, where appropriate; or
“(C) An evaluation of progress toward the implementation of career and technical education programs and programs of study.
“(D) A description of how the eligible recipient will improve recruitment, retention, and training of career and technical education teachers, faculty, specialized instructional support personnel, paraprofessionals, and career guidance and academic counselors, including individuals in groups underrepresented in such professions.
“(E) A description of progress toward implementation of equal access to high-quality career and technical education courses and programs of study for all students, including—
“(i) strategies to overcome barriers that result in lower rates of access to, or performance gaps in, the courses and programs for special populations;
“(d) Consultation.—In conducting the comprehensive needs assessment under subsection (c), and developing the local application described in subsection (b), an eligible recipient shall involve a diverse body of stakeholders, including, at a minimum—
“(1) representatives of career and technical education programs in a local educational agency or educational service agency, including teachers, career guidance and academic counselors, principals and other school leaders, administrators, and specialized instructional support personnel and paraprofessionals;
“(2) representatives of career and technical education programs at postsecondary educational institutions, including faculty and administrators;
“(3) representatives of the State board or local workforce development boards and a range of local or regional businesses or industries;
“(e) Continued consultation.—An eligible recipient receiving financial assistance under this part shall consult with stakeholders described in subsection (d) on an ongoing basis, as determined by the eligible agency. This may include consultation in order to—
“(1) provide input on annual updates to the comprehensive needs assessment required under subsection (c)(1)(B);
“(2) ensure programs of study are—
“(B) aligned with employment priorities in the State, regional, tribal, or local economy identified by employers and the entities described in subsection (d), which may include in-demand industry sectors or occupations identified by the local workforce development board;
“(C) informed by labor market information, including information provided under section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C. 491–2(e)(2)(C));
“(E) allow employer input, including input from industry or sector partnerships in the local area, where applicable, into the development and implementation of programs of study to ensure such programs of study align with skills required by local employment opportunities, including activities such as the identification of relevant standards, curriculum, industry-recognized credentials, and current technology and equipment;
SEC. 134. Local uses of funds.
Section 135 (20 U.S.C. 2355) is amended to read as follows:
“SEC. 135. Local uses of funds.
“(a) General authority.—Each eligible recipient that receives funds under this part shall use such funds to develop, coordinate, implement, or improve career and technical education programs to meet the needs identified in the comprehensive needs assessment described in section 134(c).
“(b) Requirements for uses of funds.—Funds made available to eligible recipients under this part shall be used to support career and technical education programs that are of sufficient size, scope, and quality to be effective and that—
“(1) provide career exploration and career development activities through an organized, systematic framework designed to aid students, including in the middle grades, before enrolling and while participating in a career and technical education program, in making informed plans and decisions about future education and career opportunities and programs of study, which may include—
“(A) introductory courses or activities focused on career exploration and career awareness, including non-traditional fields;
“(B) readily available career and labor market information, including information on—
“(D) career guidance and academic counselors that provide information on postsecondary education and career options;
“(2) provide professional development for teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, which may include—
“(A) professional development on supporting individualized academic and career and technical education instructional approaches, including the integration of academic and career and technical education standards and curricula;
“(B) professional development on ensuring labor market information is used to inform the programs, guidance, and advisement offered to students, including information provided under section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)(2)(C));
“(C) providing teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, as appropriate, with opportunities to advance knowledge, skills, and understanding of all aspects of an industry, including the latest workplace equipment, technologies, standards, and credentials;
“(D) supporting school leaders and administrators in managing career and technical education programs in the schools, institutions, or local educational agencies of such school leaders or administrators;
“(E) supporting the implementation of strategies to improve student achievement and close gaps in student participation and performance in career and technical education programs;
“(F) providing teachers, faculty, specialized instructional support personnel, career guidance and academic counselors, principals, school leaders, or paraprofessionals, as appropriate, with opportunities to advance knowledge, skills, and understanding in pedagogical practices, including, to the extent the eligible recipient determines that such evidence is reasonably available, evidence-based pedagogical practices;
“(G) training teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, as appropriate, to provide appropriate accommodations for individuals with disabilities, and students with disabilities who are provided accommodations under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with Disabilities Education Act;
“(H) training teachers, faculty, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals in frameworks to effectively teach students, including a particular focus on students with disabilities and English learners, which may include universal design for learning, multi-tier systems of supports, and positive behavioral interventions and support; or
“(3) provide within career and technical education the skills necessary to pursue careers in high-skill, high-wage, or in-demand industry sectors or occupations;
“(4) support integration of academic skills into career and technical education programs and programs of study to support—
“(5) plan and carry out elements that support the implementation of career and technical education programs and programs of study and that result in increasing student achievement of the local levels of performance established under section 113, which may include—
“(B) sustainable relationships among education, business and industry, and other community stakeholders, including industry or sector partnerships in the local area, where applicable, that are designed to facilitate the process of continuously updating and aligning programs of study with skills that are in demand in the State, regional, or local economy, and in collaboration with business outreach staff in one-stop centers, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), and other appropriate organizations, including community-based and youth-serving organizations;
“(C) where appropriate, expanding opportunities for CTE concentrators to participate in accelerated learning programs (as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)), including dual or concurrent enrollment programs, early college high schools, and the development or implementation of articulation agreements as part of a career and technical education program of study;
“(D) appropriate equipment, technology, and instructional materials (including support for library resources) aligned with business and industry needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials;
“(F) industry-recognized certification examinations or other assessments leading toward a recognized postsecondary credential;
“(G) efforts to recruit and retain career and technical education program teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals;
“(H) where applicable, coordination with other education and workforce development programs and initiatives, including career pathways and sector partnerships developed under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal laws and initiatives that provide students with transition-related services, including the Individuals with Disabilities Education Act;
“(I) expanding opportunities for students to participate in distance career and technical education and blended-learning programs;
“(K) improving career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including academic and financial aid counseling;
“(L) supporting the integration of employability skills into career and technical education programs and programs of study, including through family and consumer science programs;
“(M) supporting programs and activities that increase access, student engagement, and success in science, technology, engineering, and mathematics fields (including computer science and architecture) for students who are members of groups underrepresented in such subject fields;
“(N) providing career and technical education, in a school or other educational setting, for adults or out-of-school youth to complete secondary school education or upgrade technical skills;
“(O) supporting career and technical student organizations, including student preparation for and participation in technical skills competitions aligned with career and technical education program standards and curricula;
“(P) making all forms of instructional content widely available, which may include use of open educational resources;
“(Q) supporting the integration of arts and design skills, when appropriate, into career and technical education programs and programs of study;
“(R) partnering with a qualified intermediary to improve training, the development of public-private partnerships, systems development, capacity-building, and scalability of the delivery of high-quality career and technical education;
“(S) support to reduce or eliminate out-of-pocket expenses for special populations participating in career and technical education, including those participating in dual or concurrent enrollment programs or early college high school programs, and supporting the costs associated with fees, transportation, child care, or mobility challenges for those special populations; or
SEC. 201. Federal and State administrative provisions.
(a) In general.—The Act (20 U.S.C. 2301 et seq.) is amended—
(1) in section 311—
(B) in subsection (b)—
(i) in paragraph (1)—
(I) by amending subparagraph (A) to read as follows:
“(A) IN GENERAL.—Except as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this Act for any fiscal year, the Secretary must find that the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.”;
(II) in subparagraph (B), by striking “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.” and inserting “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.”; and
(III) by adding at the end the following:
“(D) ESTABLISHING THE STATE BASELINE.—For purposes of applying subparagraph (A) for years which require the calculation of the State's fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following the date of enactment of the Strengthening Career and Technical Education for the 21st Century Act, the State may determine the State's fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by—
“(i) continuing to use the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before the date of enactment of the Strengthening Career and Technical Education for the 21st Century Act; or
“(ii) establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year.”;
(ii) by striking paragraph (2) and inserting the following:
“(2) FAILURE TO MEET.—
“(A) IN GENERAL.—The Secretary shall reduce the amount of a State’s allotment of funds under this Act for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the State’s fiscal effort per student or the State’s aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.
“(3) WAIVER.—The Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”;
(2) in section 314(1), by striking “career path or major” and inserting “career pathway or program of study”;
(6) by redesignating sections 311 through 318, as amended by this section, as sections 211 through 218, respectively;
(8) by inserting after section 218 (as so redesignated) the following:
“SEC. 219. Study on programs of study aligned to high-skill, high-wage occupations.
“(a) Scope of study.—The Comptroller General of the United States shall conduct a study to evaluate—
“(1) the strategies, components, policies, and practices used by eligible agencies or eligible recipients receiving funding under this Act to successfully assist—
“(A) all students in pursuing and completing programs of study aligned to high-skill, high-wage occupations; and
“(B) any special population or specific subgroup of students identified in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 in pursuing and completing programs of study aligned to high-skill, high-wage occupations in fields in which such special population or subgroup is underrepresented; and
“(b) Consultation.—In carrying out the study conducted under subsection (a), the Comptroller General of the United States shall consult with a geographically diverse (including urban, suburban, and rural) representation of—
(b) Conforming amendment.—Section 8(a) (20 U.S.C. 2306a(a)) is amended by striking “311(b), and 323” and inserting “211(b), and 223”.
SEC. 301. Amendments to the Wagner-Peyser Act.
Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)(2)) is amended—
(1) by striking subparagraph (B) and inserting the following:
“(B) consult with eligible agencies (defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)), State educational agencies, and local educational agencies concerning the provision of workforce and labor market information in order to—
“(i) meet the needs of secondary school and postsecondary school students who seek such information; and
“(ii) annually inform the development and implementation of programs of study defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), and career pathways;”;
(4) by adding at the end the following:
“(I) provide, on an annual and timely basis to each eligible agency (defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)), the data and information described in subparagraphs (A) and (B) of subsection (a)(1).”.
SEC. 302. Amendments to the Elementary and Secondary Education Act of 1965.
(1) Section 1111(h)(1)(C)(xiv) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(xiv)) is amended by striking “attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c))” and inserting “meeting State determined levels of performance for core indicators, as defined by section 113(b)(3)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported by States only in a manner consistent with section 113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))”.
(2) Section 6115(b)(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7425(b)(6)) is amended by striking “tech-prep education, mentoring,” and inserting “mentoring”.
(3) Section 6304(a)(3)(K) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7544(a)(3)(K)) is amended by striking “tech-prep,”.
SEC. 303. Amendment to the Workforce Innovation and Opportunity Act.
Section 134(c)(2)(A)(vii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(vii)) is amended by striking “school dropouts” and inserting “out-of-school youth”.
Attest:
Secretary
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AMENDMENT | |||||