Perkins Vocational Education Act

H.R.1853
Carl D. Perkins Vocational and Applied Technology Education
Amendments of 1998 (Enrolled as Agreed to or Passed by Both
House and Senate)

`SEC. 118. OCCUPATIONAL AND EMPLOYMENT
INFORMATION.
`(a) NATIONAL ACTIVITIES- From funds appropriated under
subsection (f), the Secretary, in consultation with appropriate Federal
agencies, is authorized-`(1) to provide assistance to an entity to enable the entity-`(A) to provide technical assistance to State entities
designated under subsection (b) to enable the State
entities to carry out the activities described in subsection
(b);
`(B) to disseminate information that promotes the
replication of high quality practices described in
subsection (b);
`(C) to develop and disseminate products and services
related to the activities described in subsection (b); and
`(2) to award grants to States that designate State entities in
accordance with subsection (b) to enable the State entities to
carry out the State level activities described in subsection (b).
`(b) STATE LEVEL ACTIVITIES- In order for a State to receive a grant
under this section, the eligible agency and the Governor of the State
shall jointly designate an entity in the State-`(1) to provide support for a career guidance and academic
counseling program designed to promote improved career and
education decisionmaking by individuals (especially in areas of
career information delivery and use);
`(2) to make available to students, parents, teachers,
administrators, and counselors, and to improve accessibility with
respect to, information and planning resources that relate
educational preparation to career goals and expectations;
`(3) to equip teachers, administrators, and counselors with the
knowledge and skills needed to assist students and parents with
career exploration, educational opportunities, and education
financing.
`(4) to assist appropriate State entities in tailoring careerrelated educational resources and training for use by such
entities;

`(5) to improve coordination and communication among
administrators and planners of programs authorized by this Act
and by section 15 of the Wagner-Peyser Act at the Federal,
State, and local levels to ensure nonduplication of efforts and
the appropriate use of shared information and data; and
`(6) to provide ongoing means for customers, such as students
and parents, to provide comments and feedback on products
and services and to update resources, as appropriate, to better
meet customer requirements.
`(c) NONDUPLICATION`(1) WAGNER-PEYSER ACT- The State entity designated under
subsection (b) may use funds provided under subsection (b) to
supplement activities under section 15 of the Wagner-Peyser Act
to the extent such activities do not duplicate activities assisted
under such section.
`(2) PUBLIC LAW 105-220- None of the functions and activities
assisted under this section shall duplicate the functions and
activities carried out under Public Law 105-220.
`(d) FUNDING RULE- Of the amounts appropriated to carry out this
section, the Federal entity designated under subsection (a) shall use-`(1) not less than 85 percent to carry out subsection (b); and
`(2) not more than 15 percent to carry out subsection (a).
`(e) REPORT- The Secretary, in consultation with appropriate Federal
agencies, shall prepare and submit to the appropriate committees of
Congress, an annual report that includes-`(1) an identification of activities assisted under this section
during the prior program year;
`(2) a description of the specific products and services assisted
under this section that were delivered in the prior program year;
and
`(3) an assessment of the extent to which States have
effectively coordinated activities assisted under this section with
activities authorized under section 15 of the Wagner-Peyser Act.
`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this section such sums as may be
necessary for each of the fiscal years 1999 through 2003.

`PART B--STATE PROVISIONS
`SEC. 121. STATE ADMINISTRATION.
`(a) ELIGIBLE AGENCY RESPONSIBILITIES`(1) IN GENERAL- The responsibilities of an eligible agency
under this title shall include-`(A) coordination of the development, submission, and
implementation of the State plan, and the evaluation of
the program, services, and activities assisted under this

title, including preparation for nontraditional training and
employment;
`(B) consultation with the Governor and appropriate
agencies, groups, and individuals including parents,
students, teachers, representatives of businesses, labor
organizations, eligible recipients, State and local officials,
and local program administrators, involved in the
planning, administration, evaluation, and coordination of
programs funded under this title;
`(C) convening and meeting as an eligible agency
(consistent with State law and procedure for the conduct
of such meetings) at such time as the eligible agency
determines necessary to carry out the eligible agency's
responsibilities under this title, but not less than four
times annually; and
`(D) the adoption of such procedures as the eligible
agency considers necessary to-`(i) implement State level coordination with the
activities undertaken by the State boards under
section 111 of Public Law 105-220; and
`(ii) make available to the service delivery system
under section 121 of Public Law 105-220 within the
State a listing of all school dropout, postsecondary,
and adult programs assisted under this title.
`(2) EXCEPTION- Except with respect to the responsibilities set
forth in paragraph (1), the eligible agency may delegate any of
the other responsibilities of the eligible agency that involve the
administration, operation, supervision of activities assisted
under this title, in whole or in part, to one or more appropriate
State agencies.

`SEC. 122. STATE PLAN.
`(a) STATE PLAN`(1) IN GENERAL- Each eligible agency desiring assistance
under this title for any fiscal year shall prepare and submit to
the Secretary a State plan for a 5-year period, together with
such annual revisions as the eligible agency determines to be
necessary.
`(2) REVISIONS- Each eligible agency-`(A) may submit such annual revisions of the State plan
to the Secretary as the eligible agency determines to be
necessary; and
`(B) shall, after the second year of the 5 year State plan,
conduct a review of activities assisted under this title and
submit any revisions of the State plan that the eligible
agency determines necessary to the Secretary.

`(3) HEARING PROCESS- The eligible agency shall conduct
public hearings in the State, after appropriate and sufficient
notice, for the purpose of affording all segments of the public
and interested organizations and groups (including employers,
labor organizations, and parents), an opportunity to present
their views and make recommendations regarding the State
plan. A summary of such recommendations and the eligible
agency's response to such recommendations shall be included in
the State plan.
`(b) PLAN DEVELOPMENT`(1) IN GENERAL- The eligible agency shall develop the State
plan in consultation with teachers, eligible recipients, parents,
students, interested community members, representatives of
special populations, representatives of business and industry,
and representatives of labor organizations in the State, and
shall consult the Governor of the State with respect to such
development.
`(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 described in paragraph (1) to participate in State and
local decisions that relate to development of the State plan.
`(c) PLAN CONTENTS- The State plan shall include information that-`(1) describes the vocational and technical education activities
to be assisted that are designed to meet or exceed the State
adjusted levels of performance, including a description of-`(A) the secondary and postsecondary vocational and
technical education programs to be carried out, including
programs that will be carried out by the eligible agency to
develop, improve, and expand access to quality, state-ofthe-art technology in vocational and technical education
programs;
`(B) the criteria that will be used by the eligible agency in
approving applications by eligible recipients for funds
under this title;
`(C) how such programs will prepare vocational and
technical education students for opportunities in
postsecondary education or entry into high skill, high
wage jobs in current and emerging occupations; and
`(D) how funds will be used to improve or develop new
vocational and technical education courses;
`(2) describes how comprehensive professional development
(including initial teacher preparation) for vocational and
technical, academic, guidance, and administrative personnel will
be provided;
`(3) describes how the eligible agency will actively involve
parents, teachers, local businesses (including small- and
medium-sized businesses), and labor organizations in the

planning, development, implementation, and evaluation of such
vocational and technical education programs;
`(4) describes how funds received by the eligible agency
through the allotment made under section 111 will be allocated`(A) among secondary school vocational and technical
education, or postsecondary and adult vocational and
technical education, or both, including the rationale for
such allocation; and
`(B) among any consortia that will be formed among
secondary schools and eligible institutions, and how funds
will be allocated among the members of the consortia,
including the rationale for such allocation;
`(5) describes how the eligible agency will-`(A) improve the academic and technical skills of
students participating in vocational and technical
education programs, including strengthening the
academic, and vocational and technical, components of
vocational and technical education programs through the
integration of academics with vocational and technical
education to ensure learning in the core academic, and
vocational and technical, subjects, and provide students
with strong experience in, and understanding of, all
aspects of an industry; and
`(B) ensure that students who participate in such
vocational and technical education programs are taught to
the same challenging academic proficiencies as are taught
to all other students;
`(6) describes how the eligible agency will annually evaluate the
effectiveness of such vocational and technical education
programs, and describe, to the extent practicable, how the
eligible agency is coordinating such programs to ensure
nonduplication with other existing Federal programs;
`(7) describes the eligible agency's program strategies for
special populations;
`(8) describes how individuals who are members of the special
populations-`(A) will be provided with equal access to activities
assisted under this title;
`(B) will not be discriminated against on the basis of their
status as members of the special populations; and
`(C) will be provided with programs designed to enable
the special populations to meet or exceed State adjusted
levels of performance, and prepare special populations for
further learning and for high skill, high wage careers;
`(9) describe what steps the eligible agency shall take to
involve representatives of eligible recipients in the development
of the State adjusted levels of performance;

`(10) provides assurances that the eligible agency will comply
with the requirements of this title and the provisions of the
State plan, including the provision of a financial audit of funds
received under this title which may be included as part of an
audit of other Federal or State programs;
`(11) provides assurances that none of the funds expended
under this title 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 purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
`(12) describes how the eligible agency will report data relating
to students participating in vocational and technical education in
order to adequately measure the progress of the students,
including special populations;
`(13) describes how the eligible agency will adequately address
the needs of students in alternative education programs, if
appropriate;
`(14) describes how the eligible agency will provide local
educational agencies, area vocational and technical education
schools, and eligible institutions in the State with technical
assistance;
`(15) describes how vocational and technical education relates
to State and regional occupational opportunities;
`(16) describes the methods proposed for the joint planning and
coordination of programs carried out under this title with other
Federal education programs;
`(17) describes how funds will be used to promote preparation
for nontraditional training and employment;
`(18) describes how funds will be used to serve individuals in
State correctional institutions;
`(19) describes how funds will be used effectively to link
secondary and postsecondary education;
`(20) describes how the eligible agency will ensure that the data
reported to the eligible agency from local educational agencies
and eligible institutions under this title and the data the eligible
agency reports to the Secretary are complete, accurate, and
reliable; and
`(21) contains the description and information specified in
sections 112(b)(8) and 121(c) of Public Law 105-220 concerning
the provision of services only for postsecondary students and
school dropouts.
`(d) PLAN OPTION- The eligible agency may fulfill the requirements of
subsection (a) by submitting a plan under section 501 of Public Law
105-220.
`(e) PLAN APPROVAL-

`(1) IN GENERAL- The Secretary shall approve a State plan, or
a revision to an approved State plan, unless the Secretary
determines that-`(A) the State plan, or revision, respectively, does not
meet the requirements of this section; or
`(B) the State's levels of performance on the core
indicators of performance consistent with section 113 are
not sufficiently rigorous to meet the purpose of this Act.
`(2) DISAPPROVAL- The Secretary shall not finally disapprove a
State plan, except after giving the eligible agency notice and an
opportunity for a hearing.
`(3) CONSULTATION- 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 vocational and
technical education, postsecondary vocational and technical
education, tech-prep education, and secondary vocational and
technical education after consultation with the State agency
responsible for supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions primarily
engaged in providing postsecondary vocational and technical
education, and the State agency responsible for secondary
education. If a State agency finds that a portion of the final
State plan is objectionable, the State agency shall file such
objections with the eligible agency. The eligible agency shall
respond to any objections of the State agency in the State plan
submitted to the Secretary.
`(4) TIMEFRAME- A State plan shall be deemed approved by the
Secretary if the Secretary has not responded to the eligible
agency regarding the State plan within 90 days of the date the
Secretary receives the State plan.
`(f) TRANSITION- This section shall be subject to section 4 for fiscal
year 1999 only, with respect to activities under this section.