Attachment I - Perkins Vocational Education Act

S. 250

One Hundred Ninth Congress

of the

United States of America

AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six

An Act
To amend the Carl D. Perkins Vocational and Technical Education Act of 1998
to improve the Act.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Carl D. Perkins
Career and Technical Education Improvement Act of 2006’’.
(b) AMENDMENT.—The Carl D. Perkins Vocational and Tech­
nical Education Act of 1998 (20 U.S.C. 2301 et seq.) is amended
to read as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Carl D.
Perkins Career and Technical Education Act of 2006’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Short title; table of contents.

Purpose.

Definitions.

Transition provisions.

Privacy.

Limitation.

Special rule.

Prohibitions.

Authorization of appropriations.

‘‘TITLE I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE
STATES
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

111.
112.
113.
114.
115.
116.
117.
118.

‘‘PART A—ALLOTMENT AND ALLOCATION
Reservations and State allotment.

Within State allocation.

Accountability.

National activities.

Assistance for the outlying areas.

Native American programs.

Tribally controlled postsecondary career and technical institutions.

Occupational and employment information.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

121.
122.
123.
124.

State administration.

State plan.

Improvement plans.

State leadership activities.

‘‘PART B—STATE PROVISIONS

‘‘PART C—LOCAL PROVISIONS
‘‘Sec. 131. Distribution of funds to secondary education programs.
‘‘Sec. 132. Distribution of funds for postsecondary education programs.

S. 250—2
‘‘Sec. 133. Special rules for career and technical education.

‘‘Sec. 134. Local plan for career and technical education programs.

‘‘Sec. 135. Local uses of funds.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

201.
202.
203.
204.
205.
206.

‘‘TITLE II—TECH PREP EDUCATION
State allotment and application.

Consolidation of funds.

Tech prep program.

Consortium applications.

Report.

Authorization of appropriations.

311.
312.
313.
314.
315.
316.
317.
318.

‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS
Fiscal requirements.

Authority to make payments.

Construction.

Voluntary selection and participation.

Limitation for certain students.

Federal laws guaranteeing civil rights.

Participation of private school personnel and children.

Limitation on Federal regulations.

‘‘TITLE III—GENERAL PROVISIONS
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

‘‘PART B—STATE ADMINISTRATIVE PROVISIONS
‘‘Sec. 321. Joint funding.
‘‘Sec. 322. Prohibition on use of funds to induce out-of-state relocation of busi­
nesses.
‘‘Sec. 323. State administrative costs.
‘‘Sec. 324. Student assistance and other Federal programs.
‘‘SEC. 2. PURPOSE.

‘‘The purpose of this Act is to develop more fully the academic
and career and technical skills of secondary education students
and postsecondary education students who elect to enroll in career
and technical education programs, by—
‘‘(1) building on the efforts of States and localities to develop
challenging academic and technical standards and to assist
students in meeting such standards, including preparation for
high skill, high wage, or high demand occupations in current
or emerging professions;
‘‘(2) promoting the development of services and activities
that integrate rigorous and challenging academic and career
and technical instruction, and that link secondary education
and postsecondary education for participating career and tech­
nical education students;
‘‘(3) increasing State and local flexibility in providing serv­
ices and activities designed to develop, implement, and improve
career and technical education, including tech prep education;
‘‘(4) conducting and disseminating national research and
disseminating information on best practices that improve career
and technical education programs, services, and activities;
‘‘(5) providing technical assistance that—
‘‘(A) promotes leadership, initial preparation, and
professional development at the State and local levels; and
‘‘(B) improves the quality of career and technical edu­
cation teachers, faculty, administrators, and counselors;
‘‘(6) supporting partnerships among secondary schools, post­
secondary institutions, baccalaureate degree granting institu­
tions, area career and technical education schools, local
workforce investment boards, business and industry, and inter­
mediaries; and
‘‘(7) providing individuals with opportunities throughout
their lifetimes to develop, in conjunction with other education

S. 250—3
and training programs, the knowledge and skills needed to
keep the United States competitive.
‘‘SEC. 3. DEFINITIONS.

‘‘Unless otherwise specified, in this Act:
‘‘(1) ADMINISTRATION.—The term ‘administration’, when
used with respect to an eligible agency or eligible recipient,
means activities necessary for the proper and efficient perform­
ance of the eligible agency or eligible recipient’s duties under
this Act, including the supervision of such activities. Such
term does not include curriculum development activities, per­
sonnel development, or research activities.
‘‘(2) ALL ASPECTS OF AN INDUSTRY.—The term ‘all aspects
of an industry’ means strong experience in, and comprehensive
understanding of, the industry that the individual is preparing
to enter, including information as described in section 118.
‘‘(3) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—
The term ‘area career and technical education school’ means—
‘‘(A) a specialized public secondary school used exclu­
sively or principally for the provision of career and technical
education to individuals who are available for study in
preparation for entering the labor market;
‘‘(B) the department of a public secondary school exclu­
sively or principally used for providing career and technical
education in not fewer than 5 different occupational fields
to individuals who are available for study in preparation
for entering the labor market;
‘‘(C) a public or nonprofit technical institution or career
and technical education school used exclusively or prin­
cipally for the provision of career and technical education
to individuals who have completed or left secondary school
and who are available for study in preparation for entering
the labor market, if the institution or school admits, as
regular students, individuals who have completed sec­
ondary school and individuals who have left secondary
school; or
‘‘(D) the department or division of an institution of
higher education, that operates under the policies of the
eligible agency and that provides career and technical edu­
cation in not fewer than 5 different occupational fields
leading to immediate employment but not necessarily
leading to a baccalaureate degree, if the department or
division admits, as regular students, both individuals who
have completed secondary school and individuals who have
left secondary school.
‘‘(4) ARTICULATION AGREEMENT.—The term ‘articulation
agreement’ means a written commitment—
‘‘(A) that is agreed upon at the State level or approved
annually by the lead administrators of—
‘‘(i) a secondary institution and a postsecondary
educational institution; or
‘‘(ii) a subbaccalaureate degree granting postsec­
ondary educational institution and a baccalaureate
degree granting postsecondary educational institution;
and
‘‘(B) to a program that is—

S. 250—4
‘‘(i) designed to provide students with a nonduplicative sequence of progressive achievement
leading to technical skill proficiency, a credential, a
certificate, or a degree; and
‘‘(ii) linked through credit transfer agreements
between the 2 institutions described in clause (i) or
(ii) of subparagraph (A) (as the case may be).
‘‘(5) CAREER AND TECHNICAL EDUCATION.—The term ‘career
and technical education’ means organized educational activities
that—
‘‘(A) offer a sequence of courses that—
‘‘(i) provides individuals with coherent and rigorous
content aligned with challenging academic standards
and relevant technical knowledge and skills needed
to prepare for further education and careers in current
or emerging professions;
‘‘(ii) provides technical skill proficiency, an
industry-recognized credential, a certificate, or an asso­
ciate degree; and
‘‘(iii) may include prerequisite courses (other than
a remedial course) that meet the requirements of this
subparagraph; and
‘‘(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order rea­
soning and problem-solving skills, work attitudes, general

employability skills, technical skills, and occupation-specific

skills, and knowledge of all aspects of an industry,

including entrepreneurship, of an individual.

‘‘(6) CAREER AND TECHNICAL STUDENT ORGANIZATION.—

‘‘(A) IN GENERAL.—The term ‘career and technical stu­
dent organization’ means an organization for individuals
enrolled in a career and technical education program that
engages in career and technical education activities as
an integral part of the instructional program.
‘‘(B) STATE AND NATIONAL UNITS.—An organization
described in subparagraph (A) may have State and national
units that aggregate the work and purposes of instruction
in career and technical education at the local level.
‘‘(7) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The
term ‘career guidance and academic counseling’ means guidance
and counseling that—
‘‘(A) provides access for students (and parents, as
appropriate) to information regarding career awareness and
planning with respect to an individual’s occupational and
academic future; and
‘‘(B) provides information with respect to career
options, financial aid, and postsecondary options, including
baccalaureate degree programs.
‘‘(8) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given the term in section 5210 of the Elementary
and Secondary Education Act of 1965.
‘‘(9) COOPERATIVE EDUCATION.—The term ‘cooperative edu­
cation’ means a method of education for individuals who,
through written cooperative arrangements between a school
and employers, receive instruction, including required rigorous

S. 250—5
and challenging academic courses and related career and tech­
nical education instruction, by alternation of study in school
with a job in any occupational field, which alternation—
‘‘(A) shall be planned and supervised by the school
and employer so that each contributes to the education
and employability of the individual; and
‘‘(B) may include an arrangement in which work
periods and school attendance may be on alternate half
days, full days, weeks, or other periods of time in fulfilling
the cooperative program.
‘‘(10) DISPLACED HOMEMAKER.—The term ‘displaced home­
maker’ means an individual who—
‘‘(A)(i) has worked primarily without remuneration to
care for a home and family, and for that reason has dimin­
ished marketable skills;
‘‘(ii) has been dependent on the income of another
family member but is no longer supported by that income;
or
‘‘(iii) 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
‘‘(B) is unemployed or underemployed and is experi­
encing difficulty in obtaining or upgrading employment.
‘‘(11) EDUCATIONAL SERVICE AGENCY.—The term ‘edu­
cational service agency’ has the meaning given the term in
section 9101 of the Elementary and Secondary Education Act
of 1965.
‘‘(12) ELIGIBLE AGENCY.—The term ‘eligible agency’ means
a State board designated or created consistent with State law
as the sole State agency responsible for the administration
of career and technical education in the State or for the super­
vision of the administration of career and technical education
in the State.
‘‘(13) ELIGIBLE INSTITUTION.—The term ‘eligible institution’
means—
‘‘(A) a public or nonprofit private institution of higher
education that offers career and technical education courses
that lead to technical skill proficiency, an industry-recog­
nized credential, a certificate, or a degree;
‘‘(B) a local educational agency providing education
at the postsecondary level;
‘‘(C) an area career and technical education school pro­
viding education at the postsecondary level;
‘‘(D) a postsecondary educational institution controlled
by the Bureau of Indian Affairs 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 pro­
grams under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Act of April
16, 1934 (25 U.S.C. 452 et seq.);
‘‘(E) an educational service agency; or
‘‘(F) a consortium of 2 or more of the entities described
in subparagraphs (A) through (E).
‘‘(14) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’
means—

S. 250—6
‘‘(A) a local educational agency (including a public
charter school that operates as a local educational agency),
an area career and technical education school, an edu­
cational service agency, or a consortium, eligible to receive
assistance under section 131; or
‘‘(B) an eligible institution or consortium of eligible
institutions eligible to receive assistance under section 132.
‘‘(15) GOVERNOR.—The term ‘Governor’ means the chief
executive officer of a State.
‘‘(16) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—The
term ‘individual with limited English proficiency’ means a sec­
ondary school student, an adult, or an out-of-school youth,
who has limited ability in speaking, reading, writing, or under­
standing the English language, and—
‘‘(A) whose native language is a language other than
English; or
‘‘(B) who lives in a family or community environment
in which a language other than English is the dominant
language.
‘‘(17) INDIVIDUAL WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘individual with a dis­
ability’ means an individual with any disability (as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)).
‘‘(B) INDIVIDUALS WITH DISABILITIES.—The term
‘individuals with disabilities’ means more than 1 individual
with a disability.
‘‘(18) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given the
term in section 101 of the Higher Education Act of 1965.
‘‘(19) LOCAL EDUCATIONAL AGENCY.—The term ‘local edu­
cational agency’ has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
‘‘(20) NON-TRADITIONAL FIELDS.—The term ‘non-traditional
fields’ means occupations or fields of work, including careers
in computer science, technology, and other current and
emerging high skill occupations, for which individuals from
one gender comprise less than 25 percent of the individuals
employed in each such occupation or field of work.
‘‘(21) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Republic of Palau.
‘‘(22) POSTSECONDARY EDUCATIONAL INSTITUTION.—The
term ‘postsecondary educational institution’ means—
‘‘(A) an institution of higher education that provides
not less than a 2-year program of instruction that is accept­
able for credit toward a bachelor’s degree;
‘‘(B) a tribally controlled college or university; or
‘‘(C) a nonprofit educational institution offering certifi­
cate or apprenticeship programs at the postsecondary level.
‘‘(23) POSTSECONDARY EDUCATION TECH PREP STUDENT.—
The term ‘postsecondary education tech prep student’ means
a student who—
‘‘(A) has completed the secondary education component
of a tech prep program; and

S. 250—7
‘‘(B) has enrolled in the postsecondary education
component of a tech prep program at an institution of
higher education described in clause (i) or (ii) of section
203(a)(1)(B).
‘‘(24) SCHOOL DROPOUT.—The term ‘school dropout’ means
an individual who is no longer attending any school and who
has not received a secondary school diploma or its recognized
equivalent.
‘‘(25) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientif­
ically based research’ means research that is carried out using
scientifically based research standards, as defined in section
102 of the Education Sciences Reform Act of 2002 (20 U.S.C.
9501).
‘‘(26) SECONDARY EDUCATION TECH PREP STUDENT.—The
term ‘secondary education tech prep student’ means a secondary
education student who has enrolled in 2 courses in the sec­
ondary education component of a tech prep program.
‘‘(27) SECONDARY SCHOOL.—The term ‘secondary school’ has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965.
‘‘(28) SECRETARY.—The term ‘Secretary’ means the Sec­
retary of Education.
‘‘(29) SPECIAL POPULATIONS.—The term ‘special populations’
means—
‘‘(A) individuals with disabilities;
‘‘(B) individuals from economically disadvantaged fami­
lies, including foster children;
‘‘(C) individuals preparing for non-traditional fields;
‘‘(D) single parents, including single pregnant women;
‘‘(E) displaced homemakers; and
‘‘(F) individuals with limited English proficiency.
‘‘(30) STATE.—The term ‘State’, unless otherwise specified,
means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each outlying area.
‘‘(31) SUPPORT SERVICES.—The term ‘support services’
means services related to curriculum modification, equipment
modification, classroom modification, supportive personnel, and
instructional aids and devices.
‘‘(32) TECH PREP PROGRAM.—The term ‘tech prep program’
means a tech prep program described in section 203(c).
‘‘(33) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The
term ‘tribally controlled college or university’ has the meaning
given the term in section 2(a) of the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801(a)).
‘‘(34) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTION.—The term ‘tribally controlled postsec­
ondary career and technical institution’ means an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965, except that subsection (a)(2) of such
section shall not be applicable and the reference to Secretary
in subsection (a)(5) of such section shall be deemed to refer
to the Secretary of the Interior) that—
‘‘(A) is formally controlled, or has been formally sanc­
tioned or chartered, by the governing body of an Indian
tribe or Indian tribes;

S. 250—8
‘‘(B) offers a technical degree or certificate granting
program;
‘‘(C) is governed by a board of directors or trustees,
a majority of whom are Indians;
‘‘(D) demonstrates adherence to stated goals, a philos­
ophy, or a plan of operation, that fosters individual Indian
economic and self-sufficiency opportunity, including pro­
grams that are appropriate to stated tribal goals of devel­
oping individual entrepreneurships and self-sustaining eco­
nomic infrastructures on reservations;
‘‘(E) has been in operation for at least 3 years;
‘‘(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary career and technical education;
and
‘‘(G) enrolls the full-time equivalent of not less than
100 students, of whom a majority are Indians.
‘‘SEC. 4. TRANSITION PROVISIONS.

‘‘The Secretary shall take such steps as the Secretary deter­
mines to be appropriate to provide for the orderly transition to
the authority of this Act (as amended by the Carl D. Perkins
Career and Technical Education Improvement Act of 2006) from
any authority under the provisions of the Carl D. Perkins Vocational
and Technical Education Act of 1998, as in effect on the day before
the date of enactment of the Carl D. Perkins Career and Technical
Education Improvement Act of 2006. The Secretary shall give each
eligible agency the opportunity to submit a transition plan for
the first fiscal year following the date of enactment of the Carl
D. Perkins Career and Technical Education Improvement Act of
2006.
‘‘SEC. 5. PRIVACY.

‘‘(a) GEPA.—Nothing in this Act shall be construed to supersede
the privacy protections afforded parents and students under section
444 of the General Education Provisions Act (20 U.S.C. 1232g).
‘‘(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.—
Nothing in this Act shall be construed to permit the development
of a national database of personally identifiable information on
individuals receiving services under this Act.
‘‘SEC. 6. LIMITATION.

‘‘All of the funds made available under this Act shall be used
in accordance with the requirements of this Act.
‘‘SEC. 7. SPECIAL RULE.

‘‘In the case of a local community in which no employees are
represented by a labor organization, for purposes of this Act, the
term ‘representatives of employees’ shall be substituted for ‘labor
organization’.
‘‘SEC. 8. PROHIBITIONS.

to
to
or
or

‘‘(a) LOCAL CONTROL.—Nothing in this Act shall be construed
authorize an officer or employee of the Federal Government
mandate, direct, or control a State, local educational agency,
school’s curriculum, program of instruction, or allocation of State
local resources, or mandate a State or any subdivision thereof

S. 250—9
to spend any funds or incur any costs not paid for under this
Act, except as required under sections 112(b), 311(b), and 323.
‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any State that
declines to submit an application to the Secretary for assistance
under this Act shall not be precluded from applying for assistance
under any other program administered by the Secretary.
‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI­
CATION OF STANDARDS.—Notwithstanding any other provision of
Federal law, no State shall be required to have academic and
career and technical content standards or student academic and
career and technical achievement standards approved or certified
by the Federal Government, in order to receive assistance under
this Act.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to affect the requirements under section 113.
‘‘(e) COHERENT AND RIGOROUS CONTENT.—For the purposes of
this Act, coherent and rigorous content shall be determined by
the State consistent with section 1111(b)(1)(D) of the Elementary
and Secondary Education Act of 1965.
‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated to carry out this Act
(other than sections 114, 117, and 118, and title II) such sums
as may be necessary for each of the fiscal years 2007 through
2012.

‘‘TITLE I—CAREER AND TECHNICAL
EDUCATION ASSISTANCE TO THE
STATES
‘‘PART A—ALLOTMENT AND ALLOCATION
‘‘SEC. 111. RESERVATIONS AND STATE ALLOTMENT.

‘‘(a) RESERVATIONS AND STATE ALLOTMENT.—
‘‘(1) RESERVATIONS.—From the sum appropriated under sec­
tion 9 for each fiscal year, the Secretary shall reserve—
‘‘(A) 0.13 percent to carry out section 115; and
‘‘(B) 1.50 percent to carry out section 116, of which—
‘‘(i) 1.25 percent of the sum shall be available
to carry out section 116(b); and
‘‘(ii) 0.25 percent of the sum shall be available
to carry out section 116(h).
‘‘(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs
(3), (4), and (5), from the remainder of the sum appropriated
under section 9 and not reserved under paragraph (1) 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

S. 250—10
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
‘‘(D) an amount that bears the same ratio to 15 percent
of the sum being allotted as the amounts allotted to the
State under subparagraphs (A), (B), and (C) for such years
bears to the sum of the amounts allotted to all the States
under subparagraphs (A), (B), and (C) for such year.
‘‘(3) MINIMUM ALLOTMENT FOR YEARS WITH NO ADDITIONAL
FUNDS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi­
sion of law and subject to subparagraphs (B) and (C),
and paragraph (5), for a fiscal year for which there are
no additional funds (as such term is defined in paragraph
(4)(D)), no State shall receive for such fiscal year under
this subsection less than 1⁄2 of 1 percent of the amount
appropriated under section 9 and not reserved under para­
graph (1) 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) REQUIREMENT.—No State, by reason of the applica­
tion of subparagraph (A), shall receive for a fiscal year
more than 150 percent of the amount the State received
under this subsection for the preceding fiscal year.
‘‘(C) SPECIAL RULE.—
‘‘(i) IN GENERAL.—Subject to paragraph (5), no
State, by reason of the application of subparagraph
(A), shall be allotted for a fiscal year more than the
lesser of—
‘‘(I) 150 percent of the amount that the State
received in the preceding fiscal year; and
‘‘(II) the amount calculated under clause (ii).
‘‘(ii) AMOUNT.—The amount calculated under this
clause shall be determined by multiplying—
‘‘(I) the number of individuals in the State
counted under paragraph (2) in the preceding fiscal
year; by
‘‘(II) 150 percent of the national average per
pupil payment made with funds available under
this section for that year.
‘‘(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL
FUNDS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and
paragraph (5), for a fiscal year for which there are addi­
tional funds, no State shall receive for such fiscal year
under this subsection less than 1⁄2 of 1 percent of the
amount appropriated under section 9 and not reserved
under paragraph (1) for such fiscal year. Amounts nec­
essary for increasing such payments to States to comply

S. 250—11
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—
‘‘(i) 1⁄2 of 1 percent of the amount appropriated
under section 9 and not reserved under paragraph
(1) for such fiscal year; and

‘‘(ii) the sum of—

‘‘(I) the amount the qualifying State was
allotted under paragraph (2) for fiscal year 2006
(as such paragraph was in effect on the day before
the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act
of 2006); and
‘‘(II) the product of—
‘‘(aa) 1⁄3 of the additional funds; multiplied
by
‘‘(bb) the quotient of—
‘‘(AA) the qualifying State’s ratio
described in subparagraph (C) for the
fiscal year for which the determination
is made; divided by
‘‘(BB) the sum of all such ratios for
all qualifying States for the fiscal year
for which the determination is made.
‘‘(C)
RATIO.—For
purposes
of
subparagraph
(B)(ii)(II)(bb)(AA), the ratio for a qualifying State for a
fiscal year shall be 1.00 less the quotient of—
‘‘(i) the amount the qualifying State was allotted
under paragraph (2) for fiscal year 2006 (as such para­
graph was in effect on the day before the date of
enactment of the Carl D. Perkins Career and Technical
Education Improvement Act of 2006); divided by
‘‘(ii) 1⁄2 of 1 percent of the amount appropriated
under section 9 and not reserved under paragraph
(1) for the fiscal year for which the determination

is made.

‘‘(D) DEFINITIONS.—In this paragraph:

‘‘(i) ADDITIONAL FUNDS.—The term ‘additional
funds’ means the amount by which—
‘‘(I) the sum appropriated under section 9 and
not reserved under paragraph (1) for a fiscal year;
exceeds
‘‘(II) the sum of—
‘‘(aa) the amount allotted under paragraph
(2) for fiscal year 2006 (as such paragraph
(2) was in effect on the day before the date
of enactment of the Carl D. Perkins Career
and Technical Education Improvement Act of
2006);
‘‘(bb) the amount reserved under para­
graph (1)(C) for fiscal year 2006 (as such para­
graph (1)(C) was so in effect); and
‘‘(cc) $827,671.
‘‘(ii) QUALIFYING STATE.—The term ‘qualifying
State’ means a State (except the United States Virgin

S. 250—12
Islands) that, for the fiscal year for which a determina­
tion under this paragraph is made, would receive,
under the allotment formula under paragraph (2)
(without the application of this paragraph and para­
graphs (3) and (5)), an amount that would be less
than the amount the State would receive under
subparagraph (A) for such fiscal year.
‘‘(5) HOLD HARMLESS.—
‘‘(A) IN GENERAL.—No State shall receive an allotment
under this section for a fiscal year that is less than the
allotment the State received under part A of title I of
the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2311 et seq.) (as such part was
in effect on the day before the date of enactment of the
Carl D. Perkins Vocational and Applied Technology Edu­
cation Amendments of 1998) for fiscal year 1998.
‘‘(B) RATABLE REDUCTION.—If for any fiscal year the
amount appropriated for allotments under this section is
insufficient to satisfy the provisions of subparagraph (A),
the payments to all States under such subparagraph shall
be ratably reduced.
‘‘(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 reallot­
ment 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 obli­
gated.
‘‘(c) ALLOTMENT RATIO.—
‘‘(1) IN GENERAL.—The allotment ratio for any State shall
be 1.00 less the product of—
‘‘(A) 0.50; and
‘‘(B) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of the Commonwealth of Puerto Rico and
the United States Virgin Islands), except that—
‘‘(i) the allotment ratio in no case shall be more
than 0.60 or less than 0.40; and
‘‘(ii) the allotment ratio for the Commonwealth
of Puerto Rico and the United States Virgin Islands
shall be 0.60.
‘‘(2) PROMULGATION.—The allotment ratios shall be promul­
gated 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.
‘‘(3) DEFINITION OF PER CAPITA INCOME.—For the purpose
of this section, the term ‘per capita income’ means, with respect

S. 250—13
to a fiscal year, the total personal income in the calendar
year ending in such year, divided by the population of the
area concerned in such year.
‘‘(4) POPULATION DETERMINATION.—For the purposes of this
section, population shall be determined by the Secretary on
the basis of the latest estimates available to the Department
of Education.
‘‘(d) DEFINITION OF STATE.—For the purpose of this section,
the term ‘State’ means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
and the United States Virgin Islands.
‘‘SEC. 112. WITHIN STATE ALLOCATION.

‘‘(a) IN GENERAL.—From the amount allotted to each State
under section 111 for a fiscal year, the eligible agency shall make
available—
‘‘(1) not less than 85 percent for distribution under section
131 or 132, of which not more than 10 percent of the 85
percent may be used in accordance with subsection (c);
‘‘(2) not more than 10 percent to carry out State leadership
activities described in section 124, of which—
‘‘(A) an amount equal to not more than 1 percent
of the amount allotted to the State under section 111
for the fiscal year shall be made available to serve individ­
uals in State institutions, such as State correctional institu­
tions and institutions that serve individuals with disabil­
ities; and
‘‘(B) not less than $60,000 and not more than $150,000
shall be available for services that prepare individuals
for non-traditional fields; and
‘‘(3) an amount equal to not more than 5 percent, or
$250,000, whichever is greater, for administration of the State
plan, which may be used for the costs of—
‘‘(A) developing the State plan;
‘‘(B) reviewing a local plan;
‘‘(C) monitoring and evaluating program effectiveness;
‘‘(D) assuring compliance with all applicable Federal
laws;
‘‘(E) providing technical assistance; and
‘‘(F) supporting and developing State data systems rel­
evant to the provisions of this Act.
‘‘(b) MATCHING REQUIREMENT.—Each eligible agency receiving
funds made available under subsection (a)(3) shall match, from
non-Federal sources and on a dollar-for-dollar basis, the funds
received under subsection (a)(3).
‘‘(c) RESERVE.—From amounts made available under subsection
(a)(1) to carry out this subsection, an eligible agency may award
grants to eligible recipients for career and technical education activi­
ties described in section 135 in—
‘‘(1) rural areas;
‘‘(2) areas with high percentages of career and technical
education students; and
‘‘(3) areas with high numbers of career and technical edu­
cation students.

S. 250—14
‘‘SEC. 113. ACCOUNTABILITY.

‘‘(a) PURPOSE.—The purpose of this section is to establish and
support State and local performance accountability systems, com­
prised of the activities described in this section, to assess the
effectiveness of the State and the eligible recipients of the State
in achieving statewide progress in career and technical education,
and to optimize the return of investment of Federal funds in career
and technical education activities.
‘‘(b) STATE PERFORMANCE MEASURES.—
‘‘(1) IN GENERAL.—Each eligible agency, with input from
eligible recipients, shall establish performance measures for
a State that consist of—
‘‘(A) the core indicators of performance described in
subparagraphs (A) and (B) of paragraph (2);
‘‘(B) any additional indicators of performance (if any)
identified by the eligible agency under paragraph (2)(C);
and
‘‘(C) a State adjusted level of performance described
in paragraph (3)(A) for each core indicator of performance,
and State levels of performance described in paragraph
(3)(B) for each additional indicator of performance.
‘‘(2) INDICATORS OF PERFORMANCE.—
‘‘(A) CORE INDICATORS OF PERFORMANCE FOR CAREER
AND TECHNICAL EDUCATION STUDENTS AT THE SECONDARY
LEVEL.—Each eligible agency shall identify in the State

plan core indicators of performance for career and technical
education students at the secondary level that are valid
and reliable, and that include, at a minimum, measures
of each of the following:
‘‘(i) Student attainment of challenging academic
content standards and student academic achievement
standards, as adopted by a State in accordance with
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 and measured by the State
determined proficient levels on the academic assess­
ments described in section 1111(b)(3) of such Act.
‘‘(ii) Student attainment of career and technical
skill proficiencies, including student achievement on
technical assessments, that are aligned with industryrecognized standards, if available and appropriate.
‘‘(iii) Student rates of attainment of each of the
following:
‘‘(I) A secondary school diploma.
‘‘(II) A General Education Development (GED)
credential, or other State-recognized equivalent
(including recognized alternative standards for
individuals with disabilities).
‘‘(III) A proficiency credential, certificate, or
degree, in conjunction with a secondary school
diploma (if such credential, certificate, or degree
is offered by the State in conjunction with a sec­
ondary school diploma).
‘‘(iv) Student graduation rates (as described in sec­
tion 1111(b)(2)(C)(vi) of the Elementary and Secondary
Education Act of 1965).

S. 250—15
‘‘(v) Student placement in postsecondary education
or advanced training, in military service, or in employ­
ment.
‘‘(vi) Student participation in and completion of
career and technical education programs that lead to
non-traditional fields.
‘‘(B) CORE INDICATORS OF PERFORMANCE FOR CAREER
AND TECHNICAL EDUCATION STUDENTS AT THE POSTSEC­
ONDARY LEVEL.—Each eligible agency shall identify in the
State plan core indicators of performance for career and
technical education students at the postsecondary level
that are valid and reliable, and that include, at a minimum,
measures of each of the following:
‘‘(i) Student attainment of challenging career and
technical skill proficiencies, including student achieve­
ment on technical assessments, that are aligned with
industry-recognized standards, if available and appro­
priate.
‘‘(ii) Student attainment of an industry-recognized
credential, a certificate, or a degree.
‘‘(iii) Student retention in postsecondary education
or transfer to a baccalaureate degree program.
‘‘(iv) Student placement in military service or
apprenticeship programs or placement or retention in
employment, including placement in high skill, high
wage, or high demand occupations or professions.
‘‘(v) Student participation in, and completion of,
career and technical education programs that lead to
employment in non-traditional fields.
‘‘(C) ADDITIONAL INDICATORS OF PERFORMANCE.—An
eligible agency, with input from eligible recipients, may
identify in the State plan additional indicators of perform­
ance for career and technical education activities author­
ized under this title, such as attainment of self-sufficiency.
‘‘(D) EXISTING INDICATORS.—If a State has developed,
prior to the date of enactment of the Carl D. Perkins
Career and Technical Education Improvement Act of 2006,
State career and technical education performance measures
that meet the requirements of this section (as amended
by such Act), the State may use such performance measures
to measure the progress of career and technical education
students.
‘‘(E) STATE ROLE.—Indicators of performance described
in this paragraph shall be established solely by each eligible
agency with input from eligible recipients.
‘‘(F) ALIGNMENT OF PERFORMANCE INDICATORS.—In the
course of developing core indicators of performance and
additional indicators of performance, an eligible agency
shall, to the greatest extent possible, align the indicators
so that substantially similar information gathered for other
State and Federal programs, or for any other purpose,
is used to meet the requirements of this section.
‘‘(3) STATE LEVELS OF PERFORMANCE.—
‘‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR
CORE INDICATORS OF PERFORMANCE.—
‘‘(i) IN GENERAL.—Each eligible agency, with input
from eligible recipients, shall establish in the State

S. 250—16
plan submitted under section 122, levels of perform­
ance for each of the core indicators of performance
described in subparagraphs (A) and (B) of paragraph
(2) for career and technical education activities author­
ized under this title. The levels of performance estab­
lished under this subparagraph shall, at a minimum—
‘‘(I) be expressed in a percentage or numerical
form, so as to be objective, quantifiable, and meas­
urable; and
‘‘(II) require the State to continually make
progress toward improving the performance of
career and technical education students.
‘‘(ii) IDENTIFICATION IN THE STATE PLAN.—Subject
to section 4, each eligible agency shall identify, in
the State plan submitted under section 122, levels
of performance for each of the core indicators of
performance for the first 2 program years covered by
the State plan.
‘‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF
PERFORMANCE FOR FIRST 2 YEARS.—The Secretary and
each eligible agency shall reach agreement on the
levels of performance for each of the core indicators
of performance, for the first 2 program years covered
by the State plan, taking into account the levels identi­
fied in the State plan under clause (ii) and the factors
described in clause (vi). The levels of performance
agreed to under this clause shall be considered to
be the State adjusted level of performance for the
State for such years and shall be incorporated into
the State plan prior to the approval of such plan.
‘‘(iv) ROLE OF THE SECRETARY.—The role of the
Secretary in the agreement described in clauses (iii)
and (v) is limited to reaching agreement on the percent­
age or number of students who attain the State
adjusted levels of performance.
‘‘(v) AGREEMENT ON STATE ADJUSTED LEVELS OF
PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the
third and fifth program years covered by the State
plan, the Secretary and each eligible agency shall reach
agreement on the State adjusted levels of performance
for each of the core indicators of performance for the
corresponding subsequent program years covered by
the State plan, taking into account the factors
described in clause (vi). The State adjusted levels of
performance agreed to under this clause shall be
considered to be the State adjusted levels of perform­
ance for the State for such years and shall be incor­
porated into the State plan.
‘‘(vi) FACTORS.—The agreement described in clause
(iii) or (v) shall take into account—
‘‘(I) how the levels of performance involved
compare with the State adjusted levels of perform­
ance established for other States, taking into
account factors including the characteristics of
participants when the participants entered the pro­
gram and the services or instruction to be provided;
and

S. 250—17
‘‘(II) the extent to which such levels of perform­
ance promote continuous improvement on the
indicators of performance by such State.
‘‘(vii) REVISIONS.—If unanticipated circumstances
arise in a State resulting in a significant change in
the factors described in clause (vi), the eligible agency
may request that the State adjusted levels of perform­
ance agreed to under clause (iii) or (v) be revised.
The Secretary shall issue objective criteria and
methods for making such revisions.
‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—Each eligible agency shall identify in the State plan
State levels of performance for each of the additional indica­
tors of performance described in paragraph (2)(C). Such
levels shall be considered to be the State levels of perform­
ance for purposes of this title.
‘‘(4) LOCAL LEVELS OF PERFORMANCE.—
‘‘(A) LOCAL ADJUSTED LEVELS OF PERFORMANCE FOR
CORE INDICATORS OF PERFORMANCE.—
‘‘(i) IN GENERAL.—Each eligible recipient shall
agree to accept the State adjusted levels of performance
established under paragraph (3) as local adjusted levels
of performances, or negotiate with the State to reach
agreement on new local adjusted levels of performance,
for each of the core indicators of performance described
in subparagraphs (A) and (B) of paragraph (2) for
career and technical education activities authorized
under this title. The levels of performance established
under this subparagraph shall, at a minimum—
‘‘(I) be expressed in a percentage or numerical
form, consistent with the State levels of perform­
ance established under paragraph (3), so as to
be objective, quantifiable, and measurable; and
‘‘(II) require the eligible recipient to contin­
ually make progress toward improving the
performance of career and technical education stu­
dents.
‘‘(ii) IDENTIFICATION IN THE LOCAL PLAN.—Each
eligible recipient shall identify, in the local plan sub­
mitted under section 134, levels of performance for
each of the core indicators of performance for the first
2 program years covered by the local plan.
‘‘(iii) AGREEMENT ON LOCAL ADJUSTED LEVELS OF
PERFORMANCE FOR FIRST 2 YEARS.—The eligible agency
and each eligible recipient shall reach agreement, as
described in clause (i), on the eligible recipient’s levels
of performance for each of the core indicators of
performance for the first 2 program years covered by
the local plan, taking into account the levels identified
in the local plan under clause (ii) and the factors
described in clause (v). The levels of performance
agreed to under this clause shall be considered to
be the local adjusted levels of performance for the
eligible recipient for such years and shall be incor­
porated into the local plan prior to the approval of
such plan.

S. 250—18
‘‘(iv) AGREEMENT ON LOCAL ADJUSTED LEVELS OF
PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the
third and fifth program years covered by the local
plan, the eligible agency and each eligible recipient
shall reach agreement on the local adjusted levels of
performance for each of the core indicators of perform­
ance for the corresponding subsequent program years
covered by the local plan, taking into account the fac­
tors described in clause (v). The local adjusted levels
of performance agreed to under this clause shall be
considered to be the local adjusted levels of perform­
ance for the eligible recipient for such years and shall
be incorporated into the local plan.
‘‘(v) FACTORS.—The agreement described in clause
(iii) or (iv) shall take into account—
‘‘(I) how the levels of performance involved
compare with the local adjusted levels of perform­
ance established for other eligible recipients in
the State, taking into account factors including
the characteristics of participants when the partici­
pants entered the program and the services or
instruction to be provided; and
‘‘(II) the extent to which the local adjusted
levels of performance promote continuous improve­
ment on the core indicators of performance by
the eligible recipient.
‘‘(vi) REVISIONS.—If unanticipated circumstances
arise with respect to an eligible recipient resulting
in a significant change in the factors described in
clause (v), the eligible recipient may request that the
local adjusted levels of performance agreed to under
clause (iii) or (iv) be revised. The eligible agency shall
issue objective criteria and methods for making such
revisions.
‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICATORS.—Each eligible recipient may identify, in the local
plan, local levels of performance for any additional indica­
tors of performance described in paragraph (2)(C). Such
levels shall be considered to be the local levels of perform­
ance for purposes of this title.
‘‘(C) LOCAL REPORT.—
‘‘(i) CONTENT OF REPORT.—Each eligible recipient
that receives an allocation described in section 112
shall annually prepare and submit to the eligible
agency a report, which shall include the data described
in clause (ii)(I), regarding the progress of such recipient
in achieving the local adjusted levels of performance
on the core indicators of performance.
‘‘(ii) DATA.—Except as provided in clauses (iii) and
(iv), each eligible recipient that receives an allocation
described in section 112 shall—
‘‘(I) disaggregate data for each of the indicators
of performance under paragraph (2) for the cat­
egories of students described in section
1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965 and section 3(29) that are
served under this Act; and

S. 250—19
‘‘(II) identify and quantify any disparities or
gaps in performance between any such category
of students and the performance of all students
served by the eligible recipient under this Act.
‘‘(iii) NONDUPLICATION.—The eligible agency shall
ensure, in a manner that is consistent with the actions
of the Secretary under subsection (c)(3), that each
eligible recipient does not report duplicative informa­
tion under this section.
‘‘(iv) RULES FOR REPORTING OF DATA.—The
disaggregation of data under clause (ii) shall not be
required when the number of students in a category
is insufficient to yield statistically reliable information
or when the results would reveal personally identifiable
information about an individual student.
‘‘(v) AVAILABILITY.—The report described in clause
(i) shall be made available to the public through a
variety of formats, including electronically through the
Internet.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Each eligible agency that receives an
allotment under section 111 shall annually prepare and submit
to the Secretary a report regarding—
‘‘(A) the progress of the State in achieving the State
adjusted levels of performance on the core indicators of
performance; and
‘‘(B) information on the levels of performance achieved
by the State with respect to the additional indicators of
performance, including the levels of performance for special
populations.
‘‘(2) DATA.—Except as provided in paragraphs (3) and (4),
each eligible agency that receives an allotment under section
111 or 201 shall—
‘‘(A) disaggregate data for each of the indicators of
performance under subsection (b)(2) for the categories of
students described in section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 and sec­
tion 3(29) that are served under this Act; and
‘‘(B) identify and quantify any disparities or gaps in
performance between any such category of students and
the performance of all students served by the eligible
agency under this Act, which shall include a quantifiable
description of the progress each such category of students
served by the eligible agency under this Act has made
in meeting the State adjusted levels of performance.
‘‘(3) NONDUPLICATION.—The Secretary shall ensure that
each eligible agency does not report duplicative information
under this section.
‘‘(4) RULES FOR REPORTING OF DATA.—The disaggregation
of data under paragraph (2) shall not be required when the
number of students in a category is insufficient to yield statis­
tically reliable information or when the results would reveal
personally identifiable information about an individual student.
‘‘(5) INFORMATION DISSEMINATION.—The Secretary—
‘‘(A) shall make the information contained in such
reports available to the general public through a variety
of formats, including electronically through the Internet;

S. 250—20
‘‘(B) shall disseminate State-by-State comparisons of
the information; and
‘‘(C) shall provide the appropriate committees of Con­
gress with copies of such reports.
‘‘SEC. 114. NATIONAL ACTIVITIES.

‘‘(a) PROGRAM PERFORMANCE INFORMATION.—
‘‘(1) IN GENERAL.—The Secretary shall collect performance
information about, and report on, the condition of career and
technical education and on the effectiveness of State and local
programs, services, and activities carried out under this title
in order to provide the Secretary and Congress, as well as
Federal, State, local, and tribal agencies, with information rel­
evant to improvement in the quality and effectiveness of career
and technical education. The Secretary shall report annually
to Congress on the Secretary’s aggregate analysis of perform­
ance information collected each year pursuant to this title,
including an analysis of performance data regarding special
populations.
‘‘(2) COMPATIBILITY.—The Secretary shall, to the extent
feasible, ensure that the performance information system is
compatible with other Federal information systems.
‘‘(3) ASSESSMENTS.—As a regular part of its assessments,
the National Center for Education Statistics shall collect and
report information on career and technical education for a
nationally representative sample of students. Such assessment
may include international comparisons in the aggregate.
‘‘(b) MISCELLANEOUS PROVISIONS.—
‘‘(1) COLLECTION OF INFORMATION AT 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, the Office
of Vocational and Adult Education, and an entity assisted under
section 118 (if applicable), shall determine the methodology
to be used and the frequency with which information is to
be collected.
‘‘(2) COOPERATION OF STATES.—All eligible agencies
receiving assistance under this Act shall cooperate with the
Secretary in implementing the information systems developed
pursuant to this Act.
‘‘(c) SINGLE PLAN FOR RESEARCH, DEVELOPMENT, DISSEMINA­
TION, EVALUATION, AND ASSESSMENT.—
‘‘(1) IN GENERAL.—The Secretary may, directly or through
grants, contracts, or cooperative agreements, carry out research,
development, dissemination, evaluation and assessment,
capacity building, and technical assistance with regard to the
career and technical education programs under this Act. The
Secretary shall develop a single plan for such activities.
‘‘(2) PLAN.—Such plan shall—
‘‘(A) identify the career and technical education activi­
ties described in paragraph (1) that the Secretary will
carry out under this section;
‘‘(B) describe how the Secretary will evaluate such
career and technical education activities in accordance with
subsection (d)(2); and

S. 250—21
‘‘(C) include such other information as the Secretary
determines to be appropriate.
‘‘(d) ADVISORY PANEL; EVALUATION; REPORTS.—
‘‘(1) INDEPENDENT ADVISORY PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall appoint an inde­
pendent advisory panel to advise the Secretary on the
implementation of the assessment described in paragraph
(2), including the issues to be addressed and the method­
ology of the studies involved to ensure that the assessment
adheres to the highest standards of quality.
‘‘(B) MEMBERS.—The advisory panel shall consist of—
‘‘(i) educators, administrators, State directors of
career and technical education, and chief executives,
including those with expertise in the integration of
academic and career and technical education;
‘‘(ii) experts in evaluation, research, and assess­
ment;
‘‘(iii) representatives of labor organizations and
businesses, including small businesses, economic
development entities, and workforce investment enti­
ties;
‘‘(iv) parents;
‘‘(v) career guidance and academic counseling
professionals; and
‘‘(vi) other individuals and intermediaries with rel­
evant expertise.
‘‘(C) INDEPENDENT ANALYSIS.—The advisory panel shall
transmit to the Secretary, the relevant committees of Con­
gress, and the Library of Congress an independent analysis
of the findings and recommendations resulting from the
assessment described in paragraph (2).
‘‘(D) FACA.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the panel established under

this paragraph.

‘‘(2) EVALUATION AND ASSESSMENT.—

‘‘(A) IN GENERAL.—From amounts made available
under subsection (e), the Secretary shall provide for the
conduct of an independent evaluation and assessment of
career and technical education programs under this Act,
including the implementation of the Carl D. Perkins Career
and Technical Education Improvement Act of 2006, to the
extent practicable, through studies and analyses conducted
independently through grants, contracts, and cooperative
agreements that are awarded on a competitive basis.
‘‘(B) CONTENTS.—The assessment required under
subparagraph (A) shall include descriptions and evalua­
tions of—
‘‘(i) the extent to which State, local, and tribal
entities have developed, implemented, or improved
State and local career and technical education pro­
grams assisted under this Act;
‘‘(ii) the preparation and qualifications of teachers
and faculty of career and technical education (such
as meeting State established teacher certification or
licensing requirements), as well as shortages of such
teachers and faculty;

S. 250—22
‘‘(iii) academic and career and technical education
achievement and employment outcomes of career and
technical education, including analyses of—
‘‘(I) the extent and success of the integration
of rigorous and challenging academic 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 achieve­
ment of such students (including the number of
such students receiving a secondary school
diploma); and
‘‘(II) the extent to which career and technical
education programs prepare students, including
special populations, for subsequent employment in
high skill, high wage occupations (including those
in which mathematics and science skills are crit­
ical), or for participation in postsecondary edu­
cation;
‘‘(iv) employer involvement in, and satisfaction
with, career and technical education programs and
career and technical education students’ preparation
for employment;
‘‘(v) the participation of students in career and
technical education programs;
‘‘(vi) the use of educational technology and distance
learning with respect to career and technical education
and tech prep programs; and
‘‘(vii) the effect of State and local adjusted levels
of performance and State and local levels of perform­
ance on the delivery of career and technical education
services, including the percentage of career and tech­
nical education and tech prep students meeting the
adjusted levels of performance described in section 113.
‘‘(C) REPORTS.—
‘‘(i) IN GENERAL.—The Secretary shall submit to
the relevant committees of Congress—
‘‘(I) an interim report regarding the assess­
ment on or before January 1, 2010; and
‘‘(II) a final report, summarizing all studies
and analyses that relate to the assessment and
that are completed after the interim report, on
or before July 1, 2011.
‘‘(ii) PROHIBITION.—Notwithstanding any other
provision of law, the reports required by this subsection
shall not be subject to any review outside the Depart­
ment of Education before their transmittal to the rel­
evant committees of Congress and the Secretary, but
the President, the Secretary, and the independent
advisory panel established under paragraph (1) may
make such additional recommendations to Congress
with respect to the assessment as the President, the
Secretary, or the panel determine to be appropriate.
‘‘(3) COLLECTION OF STATE INFORMATION AND REPORT.—
‘‘(A) IN GENERAL.—The Secretary may collect and
disseminate information from States regarding State efforts

S. 250—23
to meet State adjusted levels of performance described
in section 113(b).
‘‘(B) REPORT.—The Secretary shall gather any informa­
tion collected pursuant to subparagraph (A) and submit
a report to the relevant committees in Congress.
‘‘(4) RESEARCH.—
‘‘(A) IN GENERAL.—From amounts made available
under subsection (e), the Secretary, after consulting with
the States, shall award a grant, contract, or cooperative
agreement, on a competitive basis, to an institution of
higher education, a public or private nonprofit organization
or agency, or a consortium of such institutions, organiza­
tions, or agencies to establish a national research center—
‘‘(i) to carry out scientifically based research and
evaluation for the purpose of developing, improving,
and identifying the most successful methods for
addressing the education, employment, and training
needs of participants, including special populations,
in career and technical education programs, including
research and evaluation in such activities as—
‘‘(I) the integration of—
‘‘(aa) career and technical instruction; and
‘‘(bb) academic, secondary and postsec­
ondary instruction;
‘‘(II) education technology and distance
learning approaches and strategies that are effec­
tive with respect to career and technical education;
‘‘(III) State adjusted levels of performance and
State levels of performance that serve to improve
career and technical education programs and stu­
dent achievement;
‘‘(IV) academic knowledge and career and tech­
nical skills required for employment or participa­
tion in postsecondary education; and
‘‘(V) preparation for occupations in high skill,
high wage, or high demand business and industry,
including examination of—
‘‘(aa) collaboration between career and
technical education programs and business
and industry; and
‘‘(bb) academic and technical skills
required for a regional or sectoral workforce,
including small business;
‘‘(ii) to carry out scientifically based research and
evaluation to increase the effectiveness and improve
the implementation of career and technical education
programs that are integrated with coherent and rig­
orous content aligned with challenging academic stand­
ards, including conducting research and development,
and studies, that provide longitudinal information or
formative evaluation with respect to career and tech­
nical education programs and student achievement;
‘‘(iii) to carry out scientifically based research and
evaluation that can be used to improve the preparation
and professional development of teachers, faculty, and
administrators, and to improve student learning in

S. 250—24
the career and technical education classroom,
including—
‘‘(I) effective in-service and preservice teacher
and faculty education that assists career and tech­
nical education programs in—
‘‘(aa) integrating those programs with aca­
demic content standards and student academic
achievement standards, as adopted by States
under section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965; and
‘‘(bb) coordinating technical education
with industry-recognized certification require­
ments;
‘‘(II) dissemination and training activities
related to the applied research and demonstration
activities described in this subsection, which may
also include serving as a repository for information
on career and technical skills, State academic
standards, and related materials; and
‘‘(III) the recruitment and retention of career
and technical education teachers, faculty, coun­
selors, and administrators, including individuals
in groups underrepresented in the teaching profes­
sion; and
‘‘(iv) to carry out such other research and evalua­
tion, consistent with the purposes of this Act, as the
Secretary determines appropriate to assist State and
local recipients of funds under this Act.
‘‘(B) REPORT.—The center conducting the activities
described in subparagraph (A) shall annually prepare a
report of the key research findings of such center and
shall submit copies of the report to the Secretary, the
relevant committees of Congress, the Library of Congress,
and each eligible agency.
‘‘(C) DISSEMINATION.—The center shall conduct
dissemination and training activities based upon the
research described in subparagraph (A).
‘‘(5) DEMONSTRATIONS AND DISSEMINATION.—The Secretary
is authorized to carry out demonstration career and technical
education programs, to replicate model career and technical
education programs, to disseminate best practices information,
and to provide technical assistance upon request of a State,
for the purposes of developing, improving, and identifying the
most successful methods and techniques for providing career
and technical education programs assisted under this Act.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2007 through 2012.
‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS.

‘‘(a) OUTLYING AREAS.—From funds reserved pursuant to sec­
tion 111(a)(1)(A), the Secretary shall—
‘‘(1) make a grant in the amount of $660,000 to Guam;
‘‘(2) make a grant in the amount of $350,000 to each
of American Samoa and the Commonwealth of the Northern
Mariana Islands; and

S. 250—25
‘‘(3) make a grant of $160,000 to the Republic of Palau,
subject to subsection (d).
‘‘(b) REMAINDER.—
‘‘(1) FIRST YEAR.—Subject to subsection (a), for the first
fiscal year following the date of enactment of the Carl D.
Perkins Career and Technical Education Improvement Act of
2006, the Secretary shall make a grant of the remainder of
funds reserved pursuant to section 111(a)(1)(A) to the Pacific
Region Educational Laboratory in Honolulu, Hawaii, to make
grants for career and technical education and training in Guam,
American Samoa, and the Commonwealth of the Northern Mar­
iana Islands, for the purpose of providing direct career and
technical educational services, including—
‘‘(A) teacher and counselor training and retraining;
‘‘(B) curriculum development; and
‘‘(C) the improvement of career and technical education
and training programs in secondary schools and institu­
tions of higher education, or improving cooperative edu­
cation programs involving secondary schools and institu­
tions of higher education.
‘‘(2) SUBSEQUENT YEARS.—Subject to subsection (a), for the
second fiscal year following the date of enactment of the Carl
D. Perkins Career and Technical Education Improvement Act
of 2006, and each subsequent year, the Secretary shall make
a grant of the remainder of funds reserved pursuant to section
111(a)(1)(A) and subject to subsection (a), in equal proportion,
to each of Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands, to be used to provide direct
career and technical educational services as described in sub­
paragraphs (A) through (C) of paragraph (1).
‘‘(c) LIMITATION.—The Pacific Region Educational Laboratory
may use not more than 5 percent of the funds received under
subsection (b)(1) for administrative costs.
‘‘(d) RESTRICTION.—The Republic of Palau shall cease to be
eligible to receive funding under this section upon entering into
an agreement for an extension of United States educational assist­
ance under the Compact of Free Association, unless otherwise pro­
vided in such agreement.
‘‘SEC. 116. NATIVE AMERICAN PROGRAMS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ means a
Native as such term is defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
‘‘(2) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded
school’ has the meaning given the term in section 1141 of
the Education Amendments of 1978 (25 U.S.C. 2021).
‘‘(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.—
The terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have
the meanings given the terms in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 450b).
‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means
any individual any of whose ancestors were natives, prior to
1778, of the area which now comprises the State of Hawaii.
‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native
Hawaiian organization’ has the meaning given the term in

S. 250—26
section 7207 of the Native Hawaiian Education Act (20 U.S.C.

7517).

‘‘(b) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—From funds reserved under section
111(a)(1)(B)(i), the Secretary shall make grants to or enter
into contracts with Indian tribes, tribal organizations, and
Alaska Native entities to carry out the authorized programs
described in subsection (c), except that such grants or contracts
shall not be awarded to secondary school programs in Bureaufunded schools.
‘‘(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The grants
or contracts described in this section that are awarded to any
Indian tribe or tribal organization shall be subject to the terms
and conditions of section 102 of the Indian Self-Determination
Act (25 U.S.C. 450f) and shall be conducted in accordance
with the provisions of sections 4, 5, and 6 of the Act of April
16, 1934 (25 U.S.C. 455–457), which are relevant to the pro­
grams administered under this subsection.
‘‘(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS
OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.—
An Indian tribe, a tribal organization, or an Alaska Native
entity, that receives funds through a grant made or contract
entered into under paragraph (1) may use the funds to provide
assistance to a secondary school operated or supported by the
Bureau of Indian Affairs to enable such school to carry out
career and technical education programs.
‘‘(4) MATCHING.—If sufficient funding is available, the
Bureau of Indian Affairs shall expend an amount equal to
the amount made available under this subsection, relating to
programs for Indians, to pay a part of the costs of programs
funded under this subsection. During each fiscal year the
Bureau of Indian Affairs shall expend not less than the amount
expended during the prior fiscal year on career and technical
education programs, services, and technical activities adminis­
tered directly by, or under contract with, the Bureau of Indian
Affairs, except that in no year shall funding for such programs,
services, and activities be provided from accounts and programs
that support other Indian education programs. The Secretary
and the Assistant Secretary of the Interior for Indian Affairs
shall prepare jointly a plan for the expenditure of funds made
available and for the evaluation of programs assisted under
this subsection. Upon the completion of a joint plan for the
expenditure of the funds and the evaluation of the programs,
the Secretary shall assume responsibility for the administration
of the program, with the assistance and consultation of the
Bureau of Indian Affairs.
‘‘(5) REGULATIONS.—If the Secretary promulgates any regu­
lations applicable to paragraph (2), the Secretary shall—
‘‘(A) confer with, and allow for active participation
by, representatives of Indian tribes, tribal organizations,
and individual tribal members; and
‘‘(B) promulgate the regulations under subchapter III
of chapter 5 of title 5, United States Code, commonly
known as the ‘Negotiated Rulemaking Act of 1990’.
‘‘(6) APPLICATION.—Any Indian tribe, tribal organization,
or Bureau-funded school eligible to receive assistance under

S. 250—27
this subsection may apply individually or as part of a consor­
tium with another such Indian tribe, tribal organization, or

Bureau-funded school.

‘‘(c) AUTHORIZED ACTIVITIES.—

‘‘(1) AUTHORIZED PROGRAMS.—Funds made available under
this section shall be used to carry out career and technical
education programs consistent with the purpose of this Act.
‘‘(2) STIPENDS.—
‘‘(A) IN GENERAL.—Funds received pursuant to grants
or contracts awarded under subsection (b) may be used
to provide stipends to students who are enrolled in career
and technical education programs and who have acute eco­
nomic needs which cannot be met through work-study pro­
grams.
‘‘(B) AMOUNT.—Stipends described in subparagraph (A)
shall not exceed reasonable amounts as prescribed by the
Secretary.
‘‘(d) GRANT OR CONTRACT APPLICATION.—In order to receive
a grant or contract under this section, an organization, tribe, or
entity described in subsection (b) shall submit an application to
the Secretary that shall include an assurance that such organiza­
tion, tribe, or entity shall comply with the requirements of this
section.
‘‘(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS.—The Sec­
retary may not place upon grants awarded or contracts entered
into under subsection (b) any restrictions relating to programs
other than restrictions that apply to grants made to or contracts
entered into with States pursuant to allotments under section
111(a). The Secretary, in awarding grants and entering into con­
tracts under this section, shall ensure that the grants and contracts
will improve career and technical education programs, and shall
give special consideration to—
‘‘(1) programs that involve, coordinate with, or encourage
tribal economic development plans; and
‘‘(2) applications from tribally controlled colleges or univer­
sities that—
‘‘(A) are accredited or are candidates for accreditation
by a nationally recognized accreditation organization as
an institution of postsecondary career and technical edu­
cation; or
‘‘(B) operate career and technical education programs
that are accredited or are candidates for accreditation by
a nationally recognized accreditation organization, and
issue certificates for completion of career and technical
education programs.
‘‘(f) CONSOLIDATION OF FUNDS.—Each organization, tribe, or
entity receiving assistance under this section may consolidate such
assistance with assistance received from related programs in accord­
ance with the provisions of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et
seq.).
‘‘(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing
in this section shall be construed—
‘‘(1) to limit the eligibility of any organization, tribe, or
entity described in subsection (b) to participate in any activity
offered by an eligible agency or eligible recipient under this
title; or

S. 250—28
‘‘(2) to preclude or discourage any agreement, between any
organization, tribe, or entity described in subsection (b) and
any eligible agency or eligible recipient, to facilitate the provi­
sion of services by such eligible agency or eligible recipient
to the population served by such eligible agency or eligible
recipient.
‘‘(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved
pursuant to section 111(a)(1)(B)(ii), the Secretary shall award grants
to or enter into contracts with community-based organizations pri­
marily serving and representing Native Hawaiians to plan, conduct,
and administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this section for the benefit
of Native Hawaiians.
‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS.

‘‘(a) GRANTS AUTHORIZED.—The Secretary shall, subject to the
availability of appropriations, make grants pursuant to this section
to tribally controlled postsecondary career and technical institutions
that are not receiving Federal support under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801 et
seq.) or the Navajo Community College Act (25 U.S.C. 640a et
seq.) to provide basic support for the education and training of
Indian students.
‘‘(b) USES OF GRANTS.—Amounts made available under this
section shall be used for career and technical education programs
for Indian students and for the institutional support costs of the
grant, including the expenses described in subsection (e).
‘‘(c) AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—If the sums appropriated for any fiscal
year for grants under this section are not sufficient to pay
in full the total amount which approved applicants are eligible
to receive under this section for such fiscal year, the Secretary
shall first allocate to each such applicant who received funds
under this part for the preceding fiscal year an amount equal
to 100 percent of the product of the per capita payment for
the preceding fiscal year and such applicant’s Indian student
count for the current program year, plus an amount equal
to the actual cost of any increase to the per capita figure
resulting from inflationary increases to necessary costs beyond
the institution’s control.
‘‘(2) PER CAPITA DETERMINATION.—For the purposes of para­
graph (1), the per capita payment for any fiscal year shall
be determined by dividing the amount available for grants
to tribally controlled postsecondary career and technical institu­
tions under this section for such program year by the sum
of the Indian student counts of such institutions for such pro­
gram year. The Secretary shall, on the basis of the most
accurate data available from the institutions, compute the
Indian student count for any fiscal year for which such count
was not used for the purpose of making allocations under
this section.
‘‘(3) INDIRECT COSTS.—Notwithstanding any other provision
of law or regulation, the Secretary shall not require the use
of a restricted indirect cost rate for grants issued under this
section.

S. 250—29
‘‘(d) APPLICATIONS.—Any tribally controlled postsecondary
career and technical institution that is not receiving Federal support
under the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College
Act (25 U.S.C. 640a et seq.) that desires to receive a grant under
this section shall submit an application to the Secretary in such
manner and form as the Secretary may require.
‘‘(e) EXPENSES.—
‘‘(1) IN GENERAL.—The Secretary shall, subject to the avail­
ability of appropriations, provide for each program year to
each tribally controlled postsecondary career and technical
institution having an application approved by the Secretary,
an amount necessary to pay expenses associated with—
‘‘(A) the maintenance and operation of the program,
including development costs, costs of basic and special
instruction (including special programs for individuals with
disabilities and academic instruction), materials, student
costs, administrative expenses, boarding costs, transpor­
tation, student services, daycare and family support pro­
grams for students and their families (including contribu­
tions to the costs of education for dependents), and student
stipends;
‘‘(B) capital expenditures, including operations and
maintenance, and minor improvements and repair, and
physical plant maintenance costs, for the conduct of pro­
grams funded under this section;
‘‘(C) costs associated with repair, upkeep, replacement,
and upgrading of the instructional equipment; and
‘‘(D) institutional support of career and technical edu­
cation.
‘‘(2) ACCOUNTING.—Each institution receiving a grant under
this section shall provide annually to the Secretary an accurate
and detailed accounting of the institution’s operating and
maintenance expenses and such other information concerning
costs as the Secretary may reasonably require.
‘‘(f) OTHER PROGRAMS.—
‘‘(1) IN GENERAL.—Except as specifically provided in this
Act, eligibility for assistance under this section shall not pre­
clude any tribally controlled postsecondary career and technical
institution from receiving Federal financial assistance under
any program authorized under the Higher Education Act of
1965, or under any other applicable program for the benefit
of institutions of higher education or career and technical edu­
cation.
‘‘(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.—The
amount of any grant for which tribally controlled postsecondary
career and technical institutions are eligible under this section
shall not be altered because of funds allocated to any such
institution from funds appropriated under the Act of November
2, 1921 (commonly known as the ‘Snyder Act’) (25 U.S.C. 13).
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No tribally con­
trolled postsecondary career and technical institution for which
an Indian tribe has designated a portion of the funds appro­
priated for the tribe from funds appropriated under the Act
of November 2, 1921 (25 U.S.C. 13), may be denied a contract
for such portion under the Indian Self-Determination and Edu­
cation Assistance Act (except as provided in that Act), or denied

S. 250—30
appropriate contract support to administer such portion of the
appropriated funds.
‘‘(g) COMPLAINT RESOLUTION PROCEDURE.—The Secretary shall
establish (after consultation with tribally controlled postsecondary
career and technical institutions) a complaint resolution procedure
for grant determinations and calculations under this section for
tribally controlled postsecondary career and technical institutions.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian
tribe’ have the meanings given the terms in section 2 of the
Tribally Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801).
‘‘(2) INDIAN STUDENT COUNT.—
‘‘(A) IN GENERAL.—The term ‘Indian student count’
means a number equal to the total number of Indian stu­
dents enrolled in each tribally controlled postsecondary
career and technical institution, as determined in accord­
ance with subparagraph (B).
‘‘(B) DETERMINATION.—
‘‘(i) ENROLLMENT.—For each academic year, the
Indian student count shall be determined on the basis
of the enrollments of Indian students as in effect at
the conclusion of—
‘‘(I) in the case of the fall term, the third
week of the fall term; and
‘‘(II) in the case of the spring term, the third
week of the spring term.
‘‘(ii) CALCULATION.—For each academic year, the
Indian student count for a tribally controlled postsec­
ondary career and technical institution shall be the
quotient obtained by dividing—
‘‘(I) the sum of the credit hours of all Indian
students enrolled in the tribally controlled postsec­
ondary career and technical institution (as deter­
mined under clause (i)); by
‘‘(II) 12.
‘‘(iii) SUMMER TERM.—Any credit earned in a class
offered during a summer term shall be counted in
the determination of the Indian student count for the
succeeding fall term.
‘‘(iv) STUDENTS WITHOUT SECONDARY SCHOOL
DEGREES.—
‘‘(I) IN GENERAL.—A credit earned at a tribally
controlled postsecondary career and technical
institution by any Indian student that has not
obtained a secondary school degree (or the recog­
nized equivalent of such a degree) shall be counted
toward the determination of the Indian student
count if the institution at which the student is
enrolled has established criteria for the admission
of the student on the basis of the ability of the
student to benefit from the education or training
of the institution.
‘‘(II) PRESUMPTION.—The institution shall be
presumed to have established the criteria
described in subclause (I) if the admission proce­
dures for the institution include counseling or

S. 250—31
testing that measures the aptitude of a student
to successfully complete a course in which the
student is enrolled.
‘‘(III) CREDITS TOWARD SECONDARY SCHOOL
DEGREE.—No credit earned by an Indian student
for the purpose of obtaining a secondary school
degree (or the recognized equivalent of such a
degree) shall be counted toward the determination
of the Indian student count under this clause.
‘‘(v) CONTINUING EDUCATION PROGRAMS.—Any
credit earned by an Indian student in a continuing
education program of a tribally controlled postsec­
ondary career and technical institution shall be
included in the determination of the sum of all credit
hours of the student if the credit is converted to a
credit hour basis in accordance with the system of
the institution for providing credit for participation
in the program.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2007 through 2012.
‘‘SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION.

‘‘(a) NATIONAL ACTIVITIES.—From funds appropriated under
subsection (g), the Secretary, in consultation with appropriate Fed­
eral 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 (c) to enable the State entities
to carry out the activities described in such subsection;
‘‘(B) to disseminate information that promotes the rep­
lication of high quality practices described in subsection
(c); and
‘‘(C) to develop and disseminate products and services
related to the activities described in subsection (c); and
‘‘(2) to award grants to States that designate State entities
in accordance with subsection (c) to enable the State entities
to carry out the State level activities described in such sub­
section.
‘‘(b) STATE APPLICATION.—
‘‘(1) IN GENERAL.—A jointly designated State entity
described in subsection (c) that desires to receive a grant under
this section shall submit an application to the Secretary at
the same time the State submits its State plan under section
122, in such manner, and accompanied by such additional
information, as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application submitted under para­
graph (1) shall include a description of how the jointly des­
ignated State entity described in subsection (c) will provide
information based on trends provided pursuant to section 15
of the Wagner-Peyser Act to inform program development.
‘‘(c) 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 career guidance and academic
counseling programs designed to promote improved career and

S. 250—32
education decision making by students (and parents, as appro­
priate) regarding education (including postsecondary education)
and training options and preparations for high skill, high wage,
or high demand occupations and non-traditional fields;
‘‘(2) to make available to students, parents, teachers,
administrators, faculty, and career guidance and academic
counselors, and to improve accessibility with respect to,
information and planning resources that relate academic and
career and technical educational preparation to career goals
and expectations;
‘‘(3) to provide academic and career and technical education
teachers, faculty, administrators, and career guidance and aca­
demic counselors with the knowledge, skills, and occupational
information needed to assist parents and students, especially
special populations, with career exploration, educational
opportunities, education financing, and exposure to high skill,
high wage, or high demand occupations and non-traditional
fields, including occupations and fields requiring a bacca­
laureate degree;
‘‘(4) to assist appropriate State entities in tailoring career
related educational resources and training for use by such
entities, including information on high skill, high wage, or
high demand occupations in current or emerging professions
and on career ladder information;
‘‘(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;
‘‘(6) to provide ongoing means for customers, such as stu­
dents and parents, to provide comments and feedback on prod­
ucts and services and to update resources, as appropriate, to
better meet customer requirements; and
‘‘(7) to provide readily available occupational information
such as—
‘‘(A) information relative to employment sectors;
‘‘(B) information on occupation supply and demand;
and
‘‘(C) other information provided pursuant to section
15 of the Wagner-Peyser Act as the jointly designated
State entity considers relevant.
‘‘(d) NONDUPLICATION.—
‘‘(1) WAGNER-PEYSER ACT.—The jointly designated State
entity described under subsection (c) may use funds provided
under subsection (a)(2) 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 activi­
ties assisted under this section shall duplicate the functions
and activities carried out under Public Law 105–220.
‘‘(e) 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 (c);
and
‘‘(2) not more than 15 percent to carry out subsection
(a).

S. 250—33
‘‘(f) 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) a description 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 WagnerPeyser Act.
‘‘(g) 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 2007 through 2012.

‘‘PART B—STATE PROVISIONS
‘‘SEC. 121. STATE ADMINISTRATION.

‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The responsibilities
of an eligible agency under this title shall include—
‘‘(1) 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 non-traditional fields;
‘‘(2) consultation with the Governor and appropriate agen­
cies, groups, and individuals including parents, students,
teachers, teacher and faculty preparation programs, representa­
tives of businesses (including small businesses), labor organiza­
tions, eligible recipients, State and local officials, and local
program administrators, involved in the planning, administra­
tion, evaluation, and coordination of programs funded under
this title;
‘‘(3) 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 4 times annually; and
‘‘(4) the adoption of such procedures as the eligible agency
considers necessary to—
‘‘(A) implement State level coordination with the activi­
ties undertaken by the State boards under section 111
of Public Law 105–220; and
‘‘(B) 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 education,
and adult programs assisted under this title.
‘‘(b) EXCEPTION.—Except with respect to the responsibilities
set forth in subsection (a), the eligible agency may delegate any
of the other responsibilities of the eligible agency that involve
the administration, operation, or supervision of activities assisted
under this title, in whole or in part, to 1 or more appropriate
State agencies.
‘‘SEC. 122. STATE PLAN.

‘‘(a) STATE PLAN.—

S. 250—34
‘‘(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 6-year period, together
with such annual revisions as the eligible agency determines
to be necessary, except that, during the period described in
section 4, each eligible agency may submit a transition plan
that shall fulfill the eligible agency’s obligation to submit a
State plan under this section for the first fiscal year following
the date of enactment of the Carl D. Perkins Career and Tech­
nical Education Improvement Act of 2006.
‘‘(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 6-year period,
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 charter
school authorizers and organizers consistent with State law,
employers, labor organizations, parents, students, and commu­
nity organizations), 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—
‘‘(A) develop the State plan in consultation with—
‘‘(i) academic and career and technical education
teachers, faculty, and administrators;
‘‘(ii) career guidance and academic counselors;
‘‘(iii) eligible recipients;
‘‘(iv) charter school authorizers and organizers con­
sistent with State law;
‘‘(v) parents and students;
‘‘(vi) institutions of higher education;
‘‘(vii) the State tech prep coordinator and rep­
resentatives of tech prep consortia (if applicable);
‘‘(viii) entities participating in activities described
in section 111 of Public Law 105–220;
‘‘(ix) interested community members (including
parent and community organizations);
‘‘(x) representatives of special populations;
‘‘(xi) representatives of business and industry
(including representatives of small business); and
‘‘(xii) representatives of labor organizations in the
State; and
‘‘(B) 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 and entities described in paragraph (1) to

S. 250—35
participate in State and local decisions that relate to develop­
ment of the State plan.
‘‘(c) PLAN CONTENTS.—The State plan shall include information
that—
‘‘(1) describes the career 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 career and technical programs of study, which
may be adopted by local educational agencies and postsec­
ondary institutions to be offered as an option to students
(and their parents as appropriate) when planning for and
completing future coursework, for career and technical con­
tent areas that—
‘‘(i) incorporate secondary education and postsec­
ondary education elements;
‘‘(ii) include coherent and rigorous content aligned
with challenging academic standards and relevant
career and technical content in a coordinated, nonduplicative progression of courses that align secondary
education with postsecondary education to adequately
prepare students to succeed in postsecondary edu­
cation;
‘‘(iii) may include the opportunity for secondary
education students to participate in dual or concurrent
enrollment programs or other ways to acquire postsec­
ondary education credits; and
‘‘(iv) lead to an industry-recognized credential or
certificate at the postsecondary level, or an associate
or baccalaureate degree;
‘‘(B) how the eligible agency, in consultation with
eligible recipients, will develop and implement the career
and technical programs of study described in subparagraph
(A);
‘‘(C) how the eligible agency will support eligible recipi­
ents in developing and implementing articulation agree­
ments between secondary education and postsecondary edu­
cation institutions;
‘‘(D) how the eligible agency will make available
information about career and technical programs of study
offered by eligible recipients;
‘‘(E) the secondary and postsecondary career and tech­
nical education programs to be carried out, including pro­
grams that will be carried out by the eligible agency to
develop, improve, and expand access to appropriate tech­
nology in career and technical education programs;
‘‘(F) the criteria that will be used by the eligible agency
to approve eligible recipients for funds under this Act,
including criteria to assess the extent to which the local
plan will—
‘‘(i) promote continuous improvement in academic
achievement;
‘‘(ii) promote continuous improvement of technical
skill attainment; and
‘‘(iii) identify and address current or emerging
occupational opportunities;
‘‘(G) how programs at the secondary level will prepare
career and technical education students, including special

S. 250—36
populations, to graduate from secondary school with a
diploma;
‘‘(H) how such programs will prepare career and tech­
nical education students, including special populations, aca­
demically and technically for opportunities in postsec­
ondary education or entry into high skill, high wage, or
high demand occupations in current or emerging occupa­
tions, and how participating students will be made aware
of such opportunities;
‘‘(I) how funds will be used to improve or develop
new career and technical education courses—
‘‘(i) at the secondary level that are aligned with
rigorous and challenging academic content standards
and student academic achievement standards adopted
by the State under section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965;
‘‘(ii) at the postsecondary level that are relevant
and challenging; and
‘‘(iii) that lead to employment in high skill, high
wage, or high demand occupations;
‘‘(J) how the eligible agency will facilitate and coordi­
nate communication on best practices among successful
recipients of tech prep program grants under title II and
eligible recipients to improve program quality and student
achievement;
‘‘(K) how funds will be used effectively to link academic
and career and technical education at the secondary level
and at the postsecondary level in a manner that increases
student academic and career and technical achievement;
and
‘‘(L) how the eligible agency will report on the integra­
tion of coherent and rigorous content aligned with chal­
lenging academic standards in career and technical edu­
cation programs in order to adequately evaluate the extent
of such integration;
‘‘(2) describes how comprehensive professional development
(including initial teacher preparation and activities that support
recruitment) for career and technical education teachers, fac­
ulty, administrators, and career guidance and academic coun­
selors will be provided, especially professional development
that—
‘‘(A) promotes the integration of coherent and rigorous
academic content standards and career and technical edu­
cation curricula, including through opportunities for the
appropriate academic and career and technical education
teachers to jointly develop and implement curricula and
pedagogical strategies, as appropriate;
‘‘(B) increases the percentage of teachers that meet
teacher certification or licensing requirements;
‘‘(C) is high quality, sustained, intensive, and focused
on instruction, and increases the academic knowledge and
understanding of industry standards, as appropriate, of
career and technical education teachers;
‘‘(D) encourages applied learning that contributes to
the academic and career and technical knowledge of the
student;

S. 250—37
‘‘(E) provides the knowledge and skills needed to work
with and improve instruction for special populations;
‘‘(F) assists in accessing and utilizing data, including
data provided under section 118, student achievement data,
and data from assessments; and
‘‘(G) promotes integration with professional develop­
ment activities that the State carries out under title II
of the Elementary and Secondary Education Act of 1965
and title II of the Higher Education Act of 1965;
‘‘(3) describes efforts to improve—
‘‘(A) the recruitment and retention of career and tech­
nical education teachers, faculty, and career guidance and
academic counselors, including individuals in groups under­
represented in the teaching profession; and
‘‘(B) the transition to teaching from business and
industry, including small business;
‘‘(4) describes efforts to facilitate the transition of subbacca­
laureate career and technical education students into bacca­
laureate degree programs at institutions of higher education;
‘‘(5) describes how the eligible agency will actively involve
parents, academic and career and technical education teachers,
administrators, faculty, career guidance and academic coun­
selors, local business (including small businesses), and labor
organizations in the planning, development, implementation,
and evaluation of such career and technical education programs;
‘‘(6) describes how funds received by the eligible agency
through the allotment made under section 111 will be
allocated—
‘‘(A) among career and technical education at the sec­
ondary level, or career and technical education at the post­
secondary and adult level, 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;
‘‘(7) describes how the eligible agency will—
‘‘(A) improve the academic and technical skills of stu­
dents participating in career and technical education pro­
grams, including strengthening the academic and career
and technical components of career and technical education
programs through the integration of academics with career
and technical education to ensure learning in—
‘‘(i) the core academic subjects (as defined in sec­
tion 9101 of the Elementary and Secondary Education
Act of 1965); and
‘‘(ii) career and technical education subjects;
‘‘(B) provide students with strong experience in, and
understanding of, all aspects of an industry; and
‘‘(C) ensure that students who participate in such
career and technical education programs are taught to
the same challenging academic proficiencies as are taught
to all other students;
‘‘(8) describes how the eligible agency will annually
evaluate the effectiveness of such career and technical edu­
cation programs, and describe, to the extent practicable, how

S. 250—38
the eligible agency is coordinating such programs to ensure
nonduplication with other Federal programs;
‘‘(9) describes the eligible agency’s program strategies for
special populations, including a description of how individuals
who are members of the special populations—
‘‘(A) will be provided with equal access to activities
assisted under this Act;
‘‘(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, or high
demand occupations;
‘‘(10) describes—
‘‘(A) the eligible agency’s efforts to ensure that eligible
recipients are given the opportunity to provide input in
determining the State adjusted levels of performance
described in section 113; and
‘‘(B) how the eligible agency, in consultation with
eligible recipients, will develop a process for the negotiation
of local adjusted levels of performance under section
113(b)(4) if an eligible recipient does not accept the State
adjusted levels of performance under section 113(b)(3);
‘‘(11) provides assurances that 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;
‘‘(12) provides assurances that none of the funds expended
under this Act will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization rep­
resenting the interests of the acquiring entity or the employees
of the acquiring entity, or any affiliate of such an organization;
‘‘(13) describes how the eligible agency will report data
relating to students participating in career and technical edu­
cation in order to adequately measure the progress of the
students, including special populations, and 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 Sec­
retary are complete, accurate, and reliable;
‘‘(14) describes how the eligible agency will adequately
address the needs of students in alternative education pro­
grams, if appropriate;
‘‘(15) describes how the eligible agency will provide local
educational agencies, area career and technical education
schools, and eligible institutions in the State with technical
assistance;
‘‘(16) describes how career and technical education relates
to State and regional occupational opportunities;
‘‘(17) describes the methods proposed for the joint planning
and coordination of programs carried out under this title with
other Federal education programs;

S. 250—39
‘‘(18) describes how funds will be used to promote prepara­
tion for high skill, high wage, or high demand occupations
and non-traditional fields;
‘‘(19) describes how funds will be used to serve individuals
in State correctional institutions; and
‘‘(20) contains the description and information specified
in sections 112(b)(8) and 121(c) of Public Law 105–220 con­
cerning the provision of services only for postsecondary students
and school dropouts.
‘‘(d) PLAN OPTIONS.—
‘‘(1) SINGLE PLAN.—An eligible agency not choosing to
consolidate funds under section 202 shall fulfill the plan or
application submission requirements of this section, and section
201(c), by submitting a single State plan. In such plan, the
eligible agency may allow recipients to fulfill the plan or
application submission requirements of section 134 and sub­
sections (a) and (b) of section 204 by submitting a single local
plan.
‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.—The eligible
agency may submit the plan required under this section as
part of the plan submitted under section 501 of Public Law
105–220, if the plan submitted pursuant to the requirement
of this section meets the requirements of this Act.
‘‘(e) PLAN APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall approve a State
plan, or a revision to an approved State plan, unless the Sec­
retary determines that—
‘‘(A) the State plan, or revision, respectively, does not
meet the requirements of this Act; or
‘‘(B) the State’s levels of performance on the core indica­
tors of performance consistent with section 113 are not
sufficiently rigorous to meet the purpose of this Act.
‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis­
approve 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 career and
technical education, postsecondary career and technical edu­
cation, tech prep education, and secondary career 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 career 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 objection­
able, 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.
‘‘SEC. 123. IMPROVEMENT PLANS.

‘‘(a) STATE PROGRAM IMPROVEMENT.—

S. 250—40
‘‘(1) PLAN.—If a State fails to meet at least 90 percent
of an agreed upon State adjusted level of performance for
any of the core indicators of performance described in section
113(b)(3), the eligible agency shall develop and implement a
program improvement plan (with special consideration to
performance gaps identified under section 113(c)(2)) in consulta­
tion with the appropriate agencies, individuals, and organiza­
tions during the first program year succeeding the program
year for which the eligible agency failed to so meet the State
adjusted level of performance for any of the core indicators
of performance.
‘‘(2) TECHNICAL ASSISTANCE.—If the Secretary determines
that an eligible agency is not properly implementing the eligible
agency’s responsibilities under section 122, or is not making
substantial progress in meeting the purposes of this Act, based
on the State’s adjusted levels of performance, the Secretary
shall work with the eligible agency to implement the improve­
ment activities consistent with the requirements of this Act.
‘‘(3) SUBSEQUENT ACTION.—
‘‘(A) IN GENERAL.—The Secretary may, after notice and
opportunity for a hearing, withhold from an eligible agency
all, or a portion, of the eligible agency’s allotment under
paragraphs (2) and (3) of section 112(a) if the eligible
agency—
‘‘(i) fails to implement an improvement plan as
described in paragraph (1);
‘‘(ii) fails to make any improvement in meeting
any of the State adjusted levels of performance for
the core indicators of performance identified under
paragraph (1) within the first program year of
implementation of its improvement plan described in
paragraph (1); or
‘‘(iii) fails to meet at least 90 percent of an agreed
upon State adjusted level of performance for the same
core indicator of performance for 3 consecutive years.
‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—The
Secretary may waive the sanction in subparagraph (A)
due to exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State.
‘‘(4) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The
Secretary shall use funds withheld under paragraph (3) for
a State served by an eligible agency to provide technical assist­
ance, to assist in the development of an improved State
improvement plan, or for other improvement activities con­
sistent with the requirements of this Act for such State.
‘‘(b) LOCAL PROGRAM IMPROVEMENT.—
‘‘(1) LOCAL EVALUATION.—Each eligible agency shall
evaluate annually, using the local adjusted levels of perform­
ance described in section 113(b)(4), the career and technical
education activities of each eligible recipient receiving funds
under this title.
‘‘(2) PLAN.—If, after reviewing the evaluation in paragraph
(1), the eligible agency determines that an eligible recipient
failed to meet at least 90 percent of an agreed upon local
adjusted level of performance for any of the core indicators
of performance described in section 113(b)(4), the eligible

S. 250—41
recipient shall develop and implement a program improvement
plan (with special consideration to performance gaps identified
under section 113(b)(4)(C)(ii)(II)) in consultation with the
eligible agency, appropriate agencies, individuals, and organiza­
tions during the first program year succeeding the program
year for which the eligible recipient failed to so meet any
of the local adjusted levels of performance for any of the core
indicators of performance.
‘‘(3) TECHNICAL ASSISTANCE.—If the eligible agency deter­
mines that an eligible recipient is not properly implementing
the eligible recipient’s responsibilities under section 134, or
is not making substantial progress in meeting the purposes
of this Act, based on the local adjusted levels of performance,
the eligible agency shall work with the eligible recipient to
implement improvement activities consistent with the require­
ments of this Act.
‘‘(4) SUBSEQUENT ACTION.—
‘‘(A) IN GENERAL.—The eligible agency may, after notice
and opportunity for a hearing, withhold from the eligible
recipient all, or a portion, of the eligible recipient’s allot­
ment under this title if the eligible recipient—
‘‘(i) fails to implement an improvement plan as
described in paragraph (2);
‘‘(ii) fails to make any improvement in meeting
any of the local adjusted levels of performance for
the core indicators of performance identified under
paragraph (2) within the first program year of
implementation of its improvement plan described in
paragraph (2); or
‘‘(iii) fails to meet at least 90 percent of an agreed
upon local adjusted level of performance for the same
core indicator of performance for 3 consecutive years.
‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—In
determining whether to impose sanctions under subpara­
graph (A), the eligible agency may waive imposing
sanctions—
‘‘(i) due to exceptional or uncontrollable cir­
cumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of
the eligible recipient; or
‘‘(ii) based on the impact on the eligible recipient’s
reported performance of the small size of the career
and technical education program operated by the
eligible recipient.
‘‘(5) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The
eligible agency shall use funds withheld under paragraph (4)
from an eligible recipient to provide (through alternative
arrangements) services and activities to students within the
area served by such recipient to meet the purposes of this
Act.
‘‘SEC. 124. STATE LEADERSHIP ACTIVITIES.

‘‘(a) GENERAL AUTHORITY.—From amounts reserved under sec­
tion 112(a)(2), each eligible agency shall conduct State leadership
activities.
‘‘(b) REQUIRED USES OF FUNDS.—The State leadership activities
described in subsection (a) shall include—

S. 250—42
‘‘(1) an assessment of the career and technical education
programs carried out with funds under this title, including
an assessment of how the needs of special populations are
being met and how the career and technical education programs
are designed to enable special populations to meet State
adjusted levels of performance and prepare the special popu­
lations for further education, further training, or for high skill,
high wage, or high demand occupations;
‘‘(2) developing, improving, or expanding the use of tech­
nology in career and technical education that may include—
‘‘(A) training of career and technical education
teachers, faculty, career guidance and academic counselors,
and administrators to use technology, including distance
learning;
‘‘(B) providing career and technical education students
with the academic and career and technical skills (including
the mathematics and science knowledge that provides a
strong basis for such skills) that lead to entry into tech­
nology fields, including non-traditional fields; or
‘‘(C) encouraging schools to collaborate with technology
industries to offer voluntary internships and mentoring
programs;
‘‘(3) professional development programs, including pro­
viding comprehensive professional development (including ini­
tial teacher preparation) for career and technical education
teachers, faculty, administrators, and career guidance and aca­
demic counselors at the secondary and postsecondary levels,
that support activities described in section 122 and—
‘‘(A) provide in-service and preservice training in career
and technical education programs—
‘‘(i) on effective integration and use of challenging
academic and career and technical education provided
jointly with academic teachers to the extent prac­
ticable;
‘‘(ii) on effective teaching skills based on research
that includes promising practices;
‘‘(iii) on effective practices to improve parental and
community involvement; and
‘‘(iv) on effective use of scientifically based research
and data to improve instruction;
‘‘(B) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact
on classroom instruction and the teacher’s performance
in the classroom, and are not 1-day or short-term work­
shops or conferences;
‘‘(C) will help teachers and personnel to improve stu­
dent achievement in order to meet the State adjusted levels
of performance established under section 113;
‘‘(D) will support education programs for teachers of
career and technical education in public schools and other
public school personnel who are involved in the direct
delivery of educational services to career and technical
education students to ensure that teachers and personnel—
‘‘(i) stay current with the needs, expectations, and
methods of industry;
‘‘(ii) can effectively develop rigorous and chal­
lenging, integrated academic and career and technical

S. 250—43
education curricula jointly with academic teachers, to
the extent practicable;
‘‘(iii) develop a higher level of academic and
industry knowledge and skills in career and technical
education; and
‘‘(iv) effectively use applied learning that contrib­
utes to the academic and career and technical knowl­
edge of the student; and
‘‘(E) are coordinated with the teacher certification or
licensing and professional development activities that the
State carries out under title II of the Elementary and
Secondary Education Act of 1965 and title II of the Higher
Education Act of 1965;
‘‘(4) supporting career and technical education programs
that improve the academic and career and technical skills of
students participating in career and technical education pro­
grams by strengthening the academic and career and technical
components of such career and technical education programs,
through the integration of coherent and relevant content
aligned with challenging academic standards and relevant
career and technical education, to ensure achievement in—
‘‘(A) the core academic subjects (as defined in section
9101 of the Elementary and Secondary Education Act of
1965); and
‘‘(B) career and technical education subjects;
‘‘(5) providing preparation for non-traditional fields in cur­
rent and emerging professions, and other activities that expose
students, including special populations, to high skill, high wage
occupations;
‘‘(6) supporting partnerships among local educational agen­
cies, institutions of higher education, adult education providers,
and, as appropriate, other entities, such as employers, labor
organizations, intermediaries, parents, and local partnerships,
to enable students to achieve State academic standards, and
career and technical skills, or complete career and technical
programs of study, as described in section 122(c)(1)(A);
‘‘(7) serving individuals in State institutions, such as State
correctional institutions and institutions that serve individuals
with disabilities;
‘‘(8) support for programs for special populations that lead
to high skill, high wage, or high demand occupations; and
‘‘(9) technical assistance for eligible recipients.
‘‘(c) PERMISSIBLE USES OF FUNDS.—The leadership activities
described in subsection (a) may include—
‘‘(1) improvement of career guidance and academic coun­
seling programs that assist students in making informed aca­
demic and career and technical education decisions, including—
‘‘(A) encouraging secondary and postsecondary students
to graduate with a diploma or degree; and
‘‘(B) exposing students to high skill, high wage occupa­
tions and non-traditional fields;
‘‘(2) establishment of agreements, including articulation
agreements, between secondary school and postsecondary career
and technical education programs in order to provide postsec­
ondary education and training opportunities for students
participating in such career and technical education programs,
such as tech prep programs;

S. 250—44
‘‘(3) support for initiatives to facilitate the transition of
subbaccalaureate career and technical education students into
baccalaureate degree programs, including—
‘‘(A) statewide articulation agreements between asso­
ciate degree granting career and technical postsecondary
educational institutions and baccalaureate degree granting
postsecondary educational institutions;
‘‘(B) postsecondary dual and concurrent enrollment pro­
grams;
‘‘(C) academic and financial aid counseling; and
‘‘(D) other initiatives—
‘‘(i) to encourage the pursuit of a baccalaureate
degree; and
‘‘(ii) to overcome barriers to participation in bacca­
laureate degree programs, including geographic and
other barriers affecting rural students and special
populations;
‘‘(4) support for career and technical student organizations,
especially with respect to efforts to increase the participation
of students who are members of special populations;
‘‘(5) support for public charter schools operating career
and technical education programs;
‘‘(6) support for career and technical education programs
that offer experience in, and understanding of, all aspects of
an industry for which students are preparing to enter;
‘‘(7) support for family and consumer sciences programs;
‘‘(8) support for partnerships between education and busi­
ness or business intermediaries, including cooperative education
and adjunct faculty arrangements at the secondary and postsec­
ondary levels;
‘‘(9) support to improve or develop new career and technical
education courses and initiatives, including career clusters,
career academies, and distance education, that prepare individ­
uals academically and technically for high skill, high wage,
or high demand occupations;
‘‘(10) awarding incentive grants to eligible recipients—
‘‘(A) for exemplary performance in carrying out pro­
grams under this Act, which awards shall be based on—
‘‘(i) eligible recipients exceeding the local adjusted
levels of performance established under section 113(b)
in a manner that reflects sustained or significant
improvement;
‘‘(ii) eligible recipients effectively developing
connections between secondary education and postsec­
ondary education and training;
‘‘(iii) the adoption and integration of coherent and
rigorous content aligned with challenging academic
standards and technical coursework;
‘‘(iv) eligible recipients’ progress in having special
populations who participate in career and technical
education programs meet local adjusted levels of
performance; or
‘‘(v) other factors relating to the performance of
eligible recipients under this Act as the eligible agency
determines are appropriate; or
‘‘(B) if an eligible recipient elects to use funds as per­
mitted under section 135(c)(19);

S. 250—45
‘‘(11) providing for activities to support entrepreneurship
education and training;
‘‘(12) providing career and technical education programs
for adults and school dropouts to complete their secondary
school education, in coordination, to the extent practicable,
with activities authorized under the Adult Education and
Family Literacy Act;
‘‘(13) providing assistance to individuals, who have partici­
pated in services and activities under this title, in continuing
the individuals’ education or training or finding appropriate
jobs, such as through referral to the system established under
section 121 of Public Law 105–220;
‘‘(14) developing valid and reliable assessments of technical
skills;
‘‘(15) developing and enhancing data systems to collect
and analyze data on secondary and postsecondary academic
and employment outcomes;
‘‘(16) improving—
‘‘(A) the recruitment and retention of career and tech­
nical education teachers, faculty, administrators, and
career guidance and academic counselors, including individ­
uals in groups underrepresented in the teaching profession;
and
‘‘(B) the transition to teaching from business and
industry, including small business; and
‘‘(17) support for occupational and employment information
resources, such as those described in section 118.
‘‘(d) RESTRICTION ON USES OF FUNDS.—An eligible agency that
receives funds under section 112(a)(2) may not use any of such
funds for administrative costs.

‘‘PART C—LOCAL PROVISIONS
‘‘SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PRO­
GRAMS.

‘‘(a) DISTRIBUTION RULES.—Except as provided in section 133
and as otherwise provided in this section, each eligible agency
shall distribute the portion of funds made available under section
112(a)(1) to carry out this section to local educational agencies
within the State as follows:
‘‘(1) THIRTY PERCENT.—Thirty percent shall be allocated
to such local educational agencies in proportion to the number
of individuals aged 5 through 17, inclusive, who reside in the
school district served by such local educational agency for the
preceding fiscal year compared to the total number of such
individuals who reside in the school districts served by all
local educational agencies in the State for such preceding fiscal
year, as determined on the basis of the most recent
satisfactory—
‘‘(A) data provided to the Secretary by the Bureau
of the Census for the purpose of determining eligibility
under title I of the Elementary and Secondary Education
Act of 1965; or
‘‘(B) student membership data collected by the National
Center for Education Statistics through the Common Core
of Data survey system.

S. 250—46
‘‘(2) SEVENTY PERCENT.—Seventy percent shall be allocated
to such local educational agencies in proportion to the number
of individuals aged 5 through 17, inclusive, who reside in the
school district served by such local educational agency and
are from families below the poverty level for the preceding
fiscal year, as determined on the basis of the most recent
satisfactory data used under section 1124(c)(1)(A) of the
Elementary and Secondary Education Act of 1965, compared
to the total number of such individuals who reside in the
school districts served by all the local educational agencies
in the State for such preceding fiscal year.
‘‘(3) ADJUSTMENTS.—Each eligible agency, in making the
allocations under paragraphs (1) and (2), shall adjust the data
used to make the allocations to—
‘‘(A) reflect any change in school district boundaries
that may have occurred since the data were collected; and
‘‘(B) include local educational agencies without geo­
graphical boundaries, such as charter schools and sec­
ondary schools funded by the Bureau of Indian Affairs.
‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec­
retary may waive the application of subsection (a) in the case
of any eligible agency that submits to the Secretary an application
for such a waiver that—
‘‘(1) demonstrates that a proposed alternative formula more
effectively targets funds on the basis of poverty (as defined
by the Office of Management and Budget and revised annually
in accordance with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) to local educational agen­
cies within the State than the formula described in subsection
(a); and
‘‘(2) includes a proposal for such an alternative formula.
‘‘(c) MINIMUM ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a local educational agency shall not receive an allocation under
subsection (a) unless the amount allocated to such agency under
subsection (a) is greater than $15,000. A local educational
agency may enter into a consortium with other local educational
agencies for purposes of meeting the minimum allocation
requirement of this paragraph.
‘‘(2) WAIVER.—The eligible agency shall waive the applica­
tion of paragraph (1) in any case in which the local educational
agency—
‘‘(A)(i) is located in a rural, sparsely populated area;
or
‘‘(ii) is a public charter school operating secondary
school career and technical education programs; and
‘‘(B) demonstrates that the local educational agency
is unable to enter into a consortium for purposes of pro­
viding activities under this part.
‘‘(3) REDISTRIBUTION.—Any amounts that are not allocated
by reason of paragraph (1) or paragraph (2) shall be redistrib­
uted to local educational agencies that meet the requirements
of paragraph (1) or (2) in accordance with the provisions of
this section.
‘‘(d) LIMITED JURISDICTION AGENCIES.—
‘‘(1) IN GENERAL.—In applying the provisions of subsection
(a), no eligible agency receiving assistance under this title

S. 250—47
shall allocate funds to a local educational agency that serves
only elementary schools, but shall distribute such funds to
the local educational agency or regional educational agency
that provides secondary school services to secondary school
students in the same attendance area.
‘‘(2) SPECIAL RULE.—The amount to be allocated under
paragraph (1) to a local educational agency that has jurisdiction
only over secondary schools shall be determined based on the
number of students that entered such secondary schools in
the previous year from the elementary schools involved.
‘‘(e) ALLOCATIONS TO AREA CAREER AND TECHNICAL EDUCATION
SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.—
‘‘(1) IN GENERAL.—Each eligible agency shall distribute the
portion of funds made available under section 112(a)(1) for
any fiscal year by such eligible agency for career and technical
education activities at the secondary level under this section
to the appropriate area career and technical education school
or educational service agency in any case in which the area
career and technical education school or educational service
agency, and the local educational agency concerned—
‘‘(A) have formed or will form a consortium for the
purpose of receiving funds under this section; or
‘‘(B) have entered into or will enter into a cooperative
arrangement for such purpose.
‘‘(2) ALLOCATION BASIS.—If an area career and technical
education school or educational service agency meets the
requirements of paragraph (1), then the amount that would
otherwise be distributed to the local educational agency shall
be allocated to the area career and technical education school,
the educational service agency, and the local educational agency
based on each school, agency or entity’s relative share of stu­
dents who are attending career and technical education pro­
grams (based, if practicable, on the average enrollment for
the preceding 3 years).
‘‘(3) APPEALS PROCEDURE.—The eligible agency shall estab­
lish an appeals procedure for resolution of any dispute arising
between a local educational agency and an area career and
technical education school or an educational service agency
with respect to the allocation procedures described in this sec­
tion, including the decision of a local educational agency to
leave a consortium or terminate a cooperative arrangement.
‘‘(f) CONSORTIUM REQUIREMENTS.—
‘‘(1) ALLIANCE.—Any local educational agency receiving an
allocation that is not sufficient to conduct a program which
meets the requirements of section 135 is encouraged to—
‘‘(A) form a consortium or enter into a cooperative
agreement with an area career and technical education
school or educational service agency offering programs that
meet the requirements of section 135;
‘‘(B) transfer such allocation to the area career and
technical education school or educational service agency;
and
‘‘(C) operate programs that are of sufficient size, scope,
and quality to be effective.
‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated to a consor­
tium formed to meet the requirements of this subsection shall
be used only for purposes and programs that are mutually

S. 250—48
beneficial to all members of the consortium and can be used
only for programs authorized under this title. Such funds may
not be reallocated to individual members of the consortium
for purposes or programs benefitting only 1 member of the
consortium.
‘‘(g) DATA.—The Secretary shall collect information from eligible
agencies regarding the specific dollar allocations made available
by the eligible agency for career and technical education programs
under subsections (a), (b), (c), (d), and (e) and how these allocations
are distributed to local educational agencies, area career and tech­
nical education schools, and educational service agencies, within
the State in accordance with this section.
‘‘(h) SPECIAL RULE.—Each eligible agency distributing funds
under this section shall treat a secondary school funded by the
Bureau of Indian Affairs within the State as if such school were
a local educational agency within the State for the purpose of
receiving a distribution under this section.
‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDU­
CATION PROGRAMS.

‘‘(a) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in subsections (b)
and (c) and section 133, each eligible agency shall distribute
the portion of the funds made available under section 112(a)(1)
to carry out this section for any fiscal year to eligible institu­
tions or consortia of eligible institutions within the State.
‘‘(2) FORMULA.—Each eligible institution or consortium of
eligible institutions shall be allocated an amount that bears
the same relationship to the portion of funds made available
under section 112(a)(1) to carry out this section for any fiscal
year as the sum of the number of individuals who are Federal
Pell Grant recipients and recipients of assistance from the
Bureau of Indian Affairs enrolled in programs meeting the
requirements of section 135 offered by such institution or
consortium in the preceding fiscal year bears to the sum of
the number of such recipients enrolled in such programs within
the State for such year.
‘‘(3) CONSORTIUM REQUIREMENTS.—
‘‘(A) IN GENERAL.—In order for a consortium of eligible
institutions described in paragraph (2) to receive assistance
pursuant to such paragraph, such consortium shall operate
joint projects that—
‘‘(i) provide services to all postsecondary institu­
tions participating in the consortium; and
‘‘(ii) are of sufficient size, scope, and quality to
be effective.
‘‘(B) FUNDS TO CONSORTIUM.—Funds allocated to a
consortium formed to meet the requirements of this section
shall be used only for purposes and programs that are
mutually beneficial to all members of the consortium and
shall be used only for programs authorized under this
title. Such funds may not be reallocated to individual mem­
bers of the consortium for purposes or programs benefitting
only 1 member of the consortium.
‘‘(4) WAIVER.—The eligible agency may waive the applica­
tion of paragraph (3)(A)(i) in any case in which the eligible
institution is located in a rural, sparsely populated area.

S. 250—49
‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec­
retary may waive the application of subsection (a) if an eligible
agency submits to the Secretary an application for such a waiver
that—
‘‘(1) demonstrates that the formula described in subsection
(a) does not result in a distribution of funds to the eligible
institutions or consortia within the State that have the highest
numbers of economically disadvantaged individuals and that
an alternative formula will result in such a distribution; and
‘‘(2) includes a proposal for such an alternative formula.
‘‘(c) MINIMUM GRANT AMOUNT.—
‘‘(1) IN GENERAL.—No institution or consortium shall
receive an allocation under this section in an amount that
is less than $50,000.
‘‘(2) REDISTRIBUTION.—Any amounts that are not distrib­
uted by reason of paragraph (1) shall be redistributed to eligible
institutions or consortia in accordance with this section.
‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.

‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.—
‘‘(1) GENERAL AUTHORITY.—Notwithstanding the provisions
of sections 131 and 132 and in order to make a more equitable
distribution of funds for programs serving the areas of greatest
economic need, for any program year for which a minimal
amount is made available by an eligible agency for distribution
under section 131 or 132, such eligible agency may distribute
such minimal amount for such year—
‘‘(A) on a competitive basis; or
‘‘(B) through any alternative method determined by
the eligible agency.
‘‘(2) MINIMAL AMOUNT.—For purposes of this section, the
term ‘minimal amount’ means not more than 15 percent of

the total amount made available for distribution under section

112(a)(1).

‘‘(b) REDISTRIBUTION.—

‘‘(1) IN GENERAL.—In any academic year that an eligible
recipient does not expend all of the amounts the eligible
recipient is allocated for such year under section 131 or 132,
such eligible recipient shall return any unexpended amounts
to the eligible agency to be reallocated under section 131 or
132, as appropriate.
‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN
ACADEMIC YEAR.—In any academic year in which amounts are
returned to the eligible agency under section 131 or 132 and
the eligible agency is unable to reallocate such amounts
according to such sections in time for such amounts to be
expended in such academic year, the eligible agency shall retain
such amounts for distribution in combination with amounts
provided under section 112(a)(1) for the following academic
year.
‘‘(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be
construed—
‘‘(1) to prohibit a local educational agency or a consortium
thereof that receives assistance under section 131, from working
with an eligible institution or consortium thereof that receives
assistance under section 132, to carry out career and technical

S. 250—50
education programs at the secondary level in accordance with
this title;
‘‘(2) to prohibit an eligible institution or consortium thereof
that receives assistance under section 132, from working with
a local educational agency or consortium thereof that receives
assistance under section 131, to carry out postsecondary and
adult career and technical education programs in accordance
with this title; or
‘‘(3) to require a charter school, that provides career and
technical education programs and is considered a local edu­
cational agency under State law, to jointly establish the charter
school’s eligibility for assistance under this title unless the
charter school is explicitly permitted to do so under the State’s
charter school statute.
‘‘(d) CONSISTENT APPLICATION.—For purposes of this section,
the eligible agency shall provide funds to charter schools offering
career and technical education programs in the same manner as
the eligible agency provides those funds to other schools. Such
career and technical education programs within a charter school
shall be of sufficient size, scope, and quality to be effective.
‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION
PROGRAMS.

‘‘(a) LOCAL PLAN REQUIRED.—Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the eligible agency (in consultation
with such other educational training entities as the eligible agency
determines to be appropriate) submit a local plan to the eligible
agency. Such local plan shall cover the same period of time as
the period of time applicable to the State plan submitted under
section 122.
‘‘(b) CONTENTS.—The eligible agency shall determine the
requirements for local plans, except that each local plan shall—
‘‘(1) describe how the career and technical education pro­
grams required under section 135(b) will be carried out with
funds received under this title;
‘‘(2) describe how the career and technical education activi­
ties will be carried out with respect to meeting State and
local adjusted levels of performance established under section
113;
‘‘(3) describe how the eligible recipient will—
‘‘(A) offer the appropriate courses of not less than 1
of the career and technical programs of study described
in section 122(c)(1)(A);
‘‘(B) improve the academic and technical skills of stu­
dents participating in career and technical education pro­
grams by strengthening the academic and career and tech­
nical 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—
‘‘(i) the core academic subjects (as defined in sec­
tion 9101 of the Elementary and Secondary Education
Act of 1965); and
‘‘(ii) career and technical education subjects;
‘‘(C) provide students with strong experience in, and
understanding of, all aspects of an industry;

S. 250—51
‘‘(D) ensure that students who participate in such
career and technical education programs are taught to
the same coherent and rigorous content aligned with chal­
lenging academic standards as are taught to all other stu­
dents; and
‘‘(E) encourage career and technical education students
at the secondary level to enroll in rigorous and challenging
courses in core academic subjects (as defined in section
9101 of the Elementary and Secondary Education Act of
1965);
‘‘(4) describe how comprehensive professional development
(including initial teacher preparation) for career and technical
education, academic, guidance, and administrative personnel
will be provided that promotes the integration of coherent and
rigorous content aligned with challenging academic standards
and relevant career and technical education (including cur­
riculum development);
‘‘(5) describe how parents, students, academic and career
and technical education teachers, faculty, administrators, career
guidance and academic counselors, representatives of tech prep
consortia (if applicable), representatives of the entities partici­
pating in activities described in section 117 of Public Law
105–220 (if applicable), representatives of business (including
small business) and industry, labor organizations, representa­
tives of special populations, and other interested individuals
are involved in the development, implementation, and evalua­
tion of career and technical education programs assisted under
this title, and how such individuals and entities are effectively
informed about, and assisted in understanding, the require­
ments of this title, including career and technical programs
of study;
‘‘(6) provide assurances that the eligible recipient will pro­
vide a career and technical education program that is of such
size, scope, and quality to bring about improvement in the
quality of career and technical education programs;
‘‘(7) describe the process that will be used to evaluate
and continuously improve the performance of the eligible
recipient;
‘‘(8) describe how the eligible recipient will—
‘‘(A) review career and technical education programs,
and identify and adopt strategies to overcome barriers that
result in lowering rates of access to or lowering success
in the programs, for special populations;
‘‘(B) provide programs that are designed to enable the
special populations to meet the local adjusted levels of
performance; and
‘‘(C) provide activities to prepare special populations,
including single parents and displaced homemakers, for
high skill, high wage, or high demand occupations that
will lead to self-sufficiency;
‘‘(9) describe how individuals who are members of special
populations will not be discriminated against on the basis of
their status as members of the special populations;
‘‘(10) describe how funds will be used to promote prepara­
tion for non-traditional fields;
‘‘(11) describe how career guidance and academic counseling
will be provided to career and technical education students,

S. 250—52
including linkages to future education and training opportuni­
ties; and
‘‘(12) describe efforts to improve—
‘‘(A) the recruitment and retention of career and tech­
nical education teachers, faculty, and career guidance and
academic counselors, including individuals in groups under­
represented in the teaching profession; and
‘‘(B) the transition to teaching from business and
industry.
‘‘SEC. 135. LOCAL USES OF FUNDS.

‘‘(a) GENERAL AUTHORITY.—Each eligible recipient that receives
funds under this part shall use such funds to improve career and
technical education programs.
‘‘(b) REQUIREMENTS FOR USES OF FUNDS.—Funds made avail­
able to eligible recipients under this part shall be used to support
career and technical education programs that—
‘‘(1) strengthen the academic and career and technical skills
of students participating in career and technical education pro­
grams, by strengthening the academic and career and technical
education components of such programs through the integration
of academics with career and technical education programs
through a coherent sequence of courses, such as career and
technical programs of study described in section 122(c)(1)(A),
to ensure learning in—
‘‘(A) the core academic subjects (as defined in section
9101 of the Elementary and Secondary Education Act of
1965); and
‘‘(B) career and technical education subjects;
‘‘(2) link career and technical education at the secondary
level and career and technical education at the postsecondary
level, including by offering the relevant elements of not less
than 1 career and technical program of study described in
section 122(c)(1)(A);
‘‘(3) provide students with strong experience in and under­
standing of all aspects of an industry, which may include workbased learning experiences;
‘‘(4) develop, improve, or expand the use of technology
in career and technical education, which may include—
‘‘(A) training of career and technical education
teachers, faculty, and administrators to use technology,
which may include distance learning;
‘‘(B) providing career and technical education students
with the academic and career and technical skills (including
the mathematics and science knowledge that provides a
strong basis for such skills) that lead to entry into the
technology fields; or
‘‘(C) encouraging schools to collaborate with technology
industries to offer voluntary internships and mentoring
programs, including programs that improve the mathe­
matics and science knowledge of students;
‘‘(5) provide professional development programs that are
consistent with section 122 to secondary and postsecondary
teachers, faculty, administrators, and career guidance and aca­
demic counselors who are involved in integrated career and
technical education programs, including—
‘‘(A) in-service and preservice training on—

S. 250—53
‘‘(i) effective integration and use of challenging
academic and career and technical education provided
jointly with academic teachers to the extent prac­
ticable;
‘‘(ii) effective teaching skills based on research that
includes promising practices;
‘‘(iii) effective practices to improve parental and
community involvement; and
‘‘(iv) effective use of scientifically based research
and data to improve instruction;
‘‘(B) support of education programs for teachers of
career and technical education in public schools and other
public school personnel who are involved in the direct
delivery of educational services to career and technical
education students, to ensure that such teachers and per­
sonnel stay current with all aspects of an industry;
‘‘(C) internship programs that provide relevant busi­
ness experience; and
‘‘(D) programs designed to train teachers specifically
in the effective use and application of technology to improve
instruction;
‘‘(6) develop and implement evaluations of the career and
technical education programs carried out with funds under
this title, including an assessment of how the needs of special
populations are being met;
‘‘(7) initiate, improve, expand, and modernize quality career
and technical education programs, including relevant tech­
nology;
‘‘(8) provide services and activities that are of sufficient
size, scope, and quality to be effective; and
‘‘(9) provide activities to prepare special populations,
including single parents and displaced homemakers who are
enrolled in career and technical education programs, for high
skill, high wage, or high demand occupations that will lead
to self-sufficiency.
‘‘(c) PERMISSIVE.—Funds made available to an eligible recipient
under this title may be used—
‘‘(1) to involve parents, businesses, and labor organizations
as appropriate, in the design, implementation, and evaluation
of career and technical education programs authorized under
this title, including establishing effective programs and proce­
dures to enable informed and effective participation in such
programs;
‘‘(2) to provide career guidance and academic counseling,
which may include information described in section 118, for
students participating in career and technical education pro­
grams, that—
‘‘(A) improves graduation rates and provides informa­
tion on postsecondary and career options, including bacca­
laureate degree programs, for secondary students, which
activities may include the use of graduation and career
plans; and
‘‘(B) provides assistance for postsecondary students,
including for adult students who are changing careers or
updating skills;
‘‘(3) for local education and business (including small busi­
ness) partnerships, including for—

S. 250—54
‘‘(A) work-related experiences for students, such as
internships, cooperative education, school-based enter­
prises, entrepreneurship, and job shadowing that are
related to career and technical education programs;
‘‘(B) adjunct faculty arrangements for qualified
industry professionals; and
‘‘(C) industry experience for teachers and faculty;
‘‘(4) to provide programs for special populations;
‘‘(5) to assist career and technical student organizations;
‘‘(6) for mentoring and support services;
‘‘(7) for leasing, purchasing, upgrading or adapting equip­
ment, including instructional aids and publications (including
support for library resources) designed to strengthen and sup­
port academic and technical skill achievement;
‘‘(8) for teacher preparation programs that address the
integration of academic and career and technical education
and that assist individuals who are interested in becoming
career and technical education teachers and faculty, including
individuals with experience in business and industry;
‘‘(9) to develop and expand postsecondary program offerings
at times and in formats that are accessible for students,
including working students, including through the use of dis­
tance education;
‘‘(10) to develop initiatives that facilitate the transition
of subbaccalaureate career and technical education students
into baccalaureate degree programs, including—
‘‘(A) articulation agreements between sub-bacca­
laureate degree granting career and technical education
postsecondary educational institutions and baccalaureate
degree granting postsecondary educational institutions;
‘‘(B) postsecondary dual and concurrent enrollment pro­
grams;
‘‘(C) academic and financial aid counseling for subbaccalaureate career and technical education students that
informs the students of the opportunities for pursuing a
baccalaureate degree and advises the students on how to
meet any transfer requirements; and
‘‘(D) other initiatives—
‘‘(i) to encourage the pursuit of a baccalaureate
degree; and
‘‘(ii) to overcome barriers to enrollment in and
completion of baccalaureate degree programs, including
geographic and other barriers affecting rural students
and special populations;
‘‘(11) to provide activities to support entrepreneurship edu­
cation and training;
‘‘(12) for improving or developing new career and technical
education courses, including the development of new proposed
career and technical programs of study for consideration by
the eligible agency and courses that prepare individuals aca­
demically and technically for high skill, high wage, or high
demand occupations and dual or concurrent enrollment
opportunities by which career and technical education students
at the secondary level could obtain postsecondary credit to
count towards an associate or baccalaureate degree;
‘‘(13) to develop and support small, personalized career­
themed learning communities;

S. 250—55
‘‘(14) to provide support for family and consumer sciences
programs;
‘‘(15) to provide career and technical education programs
for adults and school dropouts to complete the secondary school
education, or upgrade the technical skills, of the adults and
school dropouts;
‘‘(16) to provide assistance to individuals who have partici­
pated in services and activities under this Act in continuing
their education or training or finding an appropriate job, such
as through referral to the system established under section
121 of Public Law 105–220 (29 U.S.C. 2801 et seq.);
‘‘(17) to support training and activities (such as mentoring
and outreach) in non-traditional fields;
‘‘(18) to provide support for training programs in auto­
motive technologies;
‘‘(19) to pool a portion of such funds with a portion of
funds available to not less than 1 other eligible recipient for
innovative initiatives, which may include—
‘‘(A) improving the initial preparation and professional
development of career and technical education teachers,
faculty, administrators, and counselors;
‘‘(B) establishing, enhancing, or supporting systems
for—
‘‘(i) accountability data collection under this Act;
or
‘‘(ii) reporting data under this Act;
‘‘(C) implementing career and technical programs of
study described in section 122(c)(1)(A); or
‘‘(D) implementing technical assessments; and
‘‘(20) to support other career and technical education activi­
ties that are consistent with the purpose of this Act.
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipient receiving
funds under this part shall not use more than 5 percent of the
funds for administrative costs associated with the administration
of activities assisted under this section.

‘‘TITLE II—TECH PREP EDUCATION
‘‘SEC. 201. STATE ALLOTMENT AND APPLICATION.

‘‘(a) IN GENERAL.—For any fiscal year, the Secretary shall allot
the amount made available under section 206 among the States
in the same manner as funds are allotted to States under paragraph
(2) of section 111(a).
‘‘(b) PAYMENTS TO ELIGIBLE AGENCIES.—The Secretary shall
make a payment in the amount of a State’s allotment under sub­
section (a) to the eligible agency that serves the State and has
an application approved under subsection (c).
‘‘(c) STATE APPLICATION.—Each eligible agency desiring an allot­
ment under this title shall submit, as part of its State plan under
section 122, an application that—
‘‘(1) describes how activities under this title will be coordi­
nated, to the extent practicable, with activities described in
the State plan submitted under section 122; and
‘‘(2) contains such information as the Secretary may
require.

S. 250—56
‘‘SEC. 202. CONSOLIDATION OF FUNDS.

‘‘(a) IN GENERAL.—An eligible agency receiving an allotment
under sections 111 and 201 may choose to consolidate all, or a
portion of, funds received under section 201 with funds received
under section 111 in order to carry out the activities described
in the State plan submitted under section 122.
‘‘(b) NOTIFICATION REQUIREMENT.—Each eligible agency that
chooses to consolidate funds under this section shall notify the
Secretary, in the State plan submitted under section 122, of the
eligible agency’s decision to consolidate funds under this section.
‘‘(c) TREATMENT OF CONSOLIDATED FUNDS.—Funds consolidated
under this section shall be considered as funds allotted under
section 111 and shall be distributed in accordance with section
112.
‘‘SEC. 203. TECH PREP PROGRAM.

‘‘(a) GRANT PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made available to each
eligible agency under section 201, the eligible agency, in accord­
ance with the provisions of this title, shall award grants, on
a competitive basis or on the basis of a formula determined
by the eligible agency, for tech prep programs described in
subsection (c). The grants shall be awarded to consortia between
or among—
‘‘(A) a local educational agency, an intermediate edu­
cational agency, educational service agency, or area career
and technical education school, serving secondary school
students, or a secondary school funded by the Bureau of
Indian Affairs; and
‘‘(B)(i) a nonprofit institution of higher education that—
‘‘(I)(aa) offers a 2-year associate degree program
or a 2-year certificate program; and
‘‘(bb) is qualified as an institution of higher edu­
cation pursuant to section 102 of the Higher Education
Act of 1965, including—
‘‘(AA) an institution receiving assistance under
the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801 et seq.);
and
‘‘(BB) a tribally controlled postsecondary
career and technical institution; or
‘‘(II) offers a 2-year apprenticeship program that
follows secondary education instruction,
if such nonprofit institution of higher education is not
prohibited from receiving assistance under part B of title
IV of the Higher Education Act of 1965 pursuant to the
provisions of section 435(a)(2) of such Act; or
‘‘(ii) a proprietary institution of higher education that
offers a 2-year associate degree program and is qualified
as an institution of higher education pursuant to section
102 of the Higher Education Act of 1965, if such proprietary
institution of higher education is not subject to a default
management plan required by the Secretary.
‘‘(2) SPECIAL RULE.—In addition, a consortium described
in paragraph (1) may include 1 or more—
‘‘(A) institutions of higher education that award a
baccalaureate degree; and

S. 250—57
‘‘(B) employers (including small businesses), business
intermediaries, or labor organizations.
‘‘(b) DURATION.—Each consortium receiving a grant under this
title shall use amounts provided under the grant to develop and
operate a 4- or 6-year tech prep program described in subsection
(c).
‘‘(c) CONTENTS OF TECH PREP PROGRAM.—Each tech prep pro­
gram shall—
‘‘(1) be carried out under an articulation agreement between
the participants in the consortium;
‘‘(2) consist of a program of study that—
‘‘(A) combines—
‘‘(i) a minimum of 2 years of secondary education
(as determined under State law); with
‘‘(ii)(I) a minimum of 2 years of postsecondary edu­
cation in a nonduplicative, sequential course of study;
or
‘‘(II) an apprenticeship program of not less than
2 years following secondary education instruction; and
‘‘(B) integrates academic and career and technical edu­
cation instruction, and utilizes work-based and worksite
learning experiences where appropriate and available;
‘‘(C) provides technical preparation in a career field,
including high skill, high wage, or high demand occupa­
tions;
‘‘(D) builds student competence in technical skills and
in core academic subjects (as defined in section 9101 of
the Elementary and Secondary Education Act of 1965),
as appropriate, through applied, contextual, and integrated
instruction, in a coherent sequence of courses;
‘‘(E) leads to technical skill proficiency, an industryrecognized credential, a certificate, or a degree, in a specific
career field;
‘‘(F) leads to placement in high skill or high wage
employment, or to further education; and
‘‘(G) utilizes career and technical education programs
of study, to the extent practicable;
‘‘(3) include the development of tech prep programs for
secondary education and postsecondary education that—
‘‘(A) meet academic standards developed by the State;
‘‘(B) link secondary schools and 2-year postsecondary
institutions, and if possible and practicable, 4-year institu­
tions of higher education, through—
‘‘(i) nonduplicative sequences of courses in career
fields;
‘‘(ii) the use of articulation agreements; and
‘‘(iii) the investigation of opportunities for tech
prep secondary education students to enroll concur­
rently in secondary education and postsecondary edu­
cation coursework;
‘‘(C) use, if appropriate and available, work-based or
worksite learning experiences in conjunction with business
and all aspects of an industry; and
‘‘(D) use educational technology and distance learning,
as appropriate, to involve all the participants in the consor­
tium more fully in the development and operation of pro­
grams;

S. 250—58
‘‘(4) include in-service professional development for
teachers, faculty, and administrators that—
‘‘(A) supports effective implementation of tech prep
programs;
‘‘(B) supports joint training in the tech prep consortium;
‘‘(C) supports the needs, expectations, and methods
of business and all aspects of an industry;
‘‘(D) supports the use of contextual and applied cur­
ricula, instruction, and assessment;
‘‘(E) supports the use and application of technology;
and
‘‘(F) assists in accessing and utilizing data, information
available pursuant to section 118, and information on stu­
dent achievement, including assessments;
‘‘(5) include professional development programs for coun­
selors designed to enable counselors to more effectively—
‘‘(A) provide information to students regarding tech
prep programs;
‘‘(B) support student progress in completing tech prep
programs, which may include the use of graduation and
career plans;
‘‘(C) provide information on related employment
opportunities;
‘‘(D) ensure that students are placed in appropriate
employment or further postsecondary education;
‘‘(E) stay current with the needs, expectations, and
methods of business and all aspects of an industry; and
‘‘(F) provide comprehensive career guidance and aca­
demic counseling to participating students, including spe­
cial populations;
‘‘(6) provide equal access, to the full range of technical
preparation programs (including preapprenticeship programs),
to individuals who are members of special populations,
including the development of tech prep program services appro­
priate to the needs of special populations;
‘‘(7) provide for preparatory services that assist participants
in tech prep programs; and
‘‘(8) coordinate with activities conducted under title I.
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech prep pro­
gram may—
‘‘(1) provide for the acquisition of tech prep program equip­
ment;
‘‘(2) acquire technical assistance from State or local entities
that have designed, established, and operated tech prep pro­
grams that have effectively used educational technology and
distance learning in the delivery of curricula and services;
‘‘(3) establish articulation agreements with institutions of
higher education, labor organizations, or businesses located
inside or outside the State and served by the consortium, espe­
cially with regard to using distance learning and educational
technology to provide for the delivery of services and programs;
‘‘(4) improve career guidance and academic counseling for
participating students through the development and
implementation of graduation and career plans; and
‘‘(5) develop curriculum that supports effective transitions
between secondary and postsecondary career and technical edu­
cation programs.

S. 250—59
‘‘(e) INDICATORS OF PERFORMANCE AND ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Each consortium shall establish and
report to the eligible agency indicators of performance for each
tech prep program for which the consortium receives a grant
under this title. The indicators of performance shall include
the following:
‘‘(A) The number of secondary education tech prep
students and postsecondary education tech prep students
served.
‘‘(B) The number and percent of secondary education
tech prep students enrolled in the tech prep program who—
‘‘(i) enroll in postsecondary education;
‘‘(ii) enroll in postsecondary education in the same
field or major as the secondary education tech prep
students were enrolled at the secondary level;
‘‘(iii) complete a State or industry-recognized cer­
tification or licensure;
‘‘(iv) successfully complete, as a secondary school
student, courses that award postsecondary credit at
the secondary level; and
‘‘(v) enroll in remedial mathematics, writing, or
reading courses upon entering postsecondary edu­
cation.
‘‘(C) The number and percent of postsecondary edu­
cation tech prep students who—
‘‘(i) are placed in a related field of employment
not later than 12 months after graduation from the
tech prep program;
‘‘(ii) complete a State or industry-recognized certifi­
cation or licensure;
‘‘(iii) complete a 2-year degree or certificate pro­
gram within the normal time for completion of such
program; and
‘‘(iv) complete a baccalaureate degree program
within the normal time for completion of such program.
‘‘(2) NUMBER AND PERCENT.—For purposes of subpara­
graphs (B) and (C) of paragraph (1), the numbers and percent­
ages shall be determined separately with respect to each clause
of each such subparagraph.
‘‘SEC. 204. CONSORTIUM APPLICATIONS.

‘‘(a) IN GENERAL.—Each consortium that desires to receive a
grant under this title shall submit an application to the eligible
agency at such time and in such manner as the eligible agency
shall require.
‘‘(b) PLAN.—Each application submitted under this section shall
contain a 6-year plan for the development and implementation
of tech prep programs under this title, which plan shall be reviewed
after the second year of the plan.
‘‘(c) APPROVAL.—The eligible agency shall approve applications
under this title based on the potential of the activities described
in the application to create an effective tech prep program.
‘‘(d) SPECIAL CONSIDERATION.—The eligible agency, as appro­
priate, shall give special consideration to applications that—
‘‘(1) provide for effective employment placement activities
or the transfer of students to baccalaureate or advanced degree
programs;

S. 250—60
‘‘(2) are developed in consultation with business, industry,
institutions of higher education, and labor organizations;
‘‘(3) address effectively the issues of school dropout preven­
tion and reentry, and the needs of special populations;
‘‘(4) provide education and training in an area or skill,
including an emerging technology, in which there is a signifi­
cant workforce shortage based on the data provided by the
eligible entity in the State under section 118;
‘‘(5) demonstrate how tech prep programs will help students
meet high academic and employability competencies; and
‘‘(6) demonstrate success in, or provide assurances of,
coordination and integration with eligible recipients described
in part C of title I.
‘‘(e) PERFORMANCE LEVELS.—
‘‘(1) IN GENERAL.—Each consortium receiving a grant under
this title shall enter into an agreement with the eligible agency
to meet a minimum level of performance for each of the perform­
ance indicators described in sections 113(b) and 203(e).
‘‘(2) RESUBMISSION OF APPLICATION; TERMINATION OF
FUNDS.—An eligible agency—
‘‘(A) shall require consortia that do not meet the
performance levels described in paragraph (1) for 3 consecu­
tive years to resubmit an application to the eligible agency
for a tech prep program grant; and
‘‘(B) may choose to terminate the funding for the tech
prep program for a consortium that does not meet the
performance levels described in paragraph (1) for 3 consecu­
tive years, including when the grants are made on the
basis of a formula determined by the eligible agency.
‘‘(f) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In awarding
grants under this title, the eligible agency shall ensure an equitable
distribution of assistance between or among urban and rural partici­
pants in the consortium.
‘‘SEC. 205. REPORT.

‘‘Each eligible agency that receives an allotment under this
title annually shall prepare and submit to the Secretary a report
on the effectiveness of the tech prep programs assisted under this
title, including a description of how grants were awarded within
the State.
‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2007 and
each of the 5 succeeding fiscal years.

‘‘TITLE III—GENERAL PROVISIONS
‘‘PART A—FEDERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 311. FISCAL REQUIREMENTS.

‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds made available under
this Act for career and technical education activities shall supple­
ment, and shall not supplant, non-Federal funds expended to carry
out career and technical education activities and tech prep program
activities.

S. 250—61
‘‘(b) MAINTENANCE OF EFFORT.—

‘‘(1) DETERMINATION.—

‘‘(A) IN GENERAL.—Except as provided in subpara­
graphs (B) and (C), no payments shall be made under
this Act for any fiscal year to a State for career and
technical education programs or tech prep programs unless
the Secretary determines that the fiscal effort per student
or the aggregate expenditures of such State for career
and technical education programs for the fiscal year pre­
ceding the fiscal year for which the determination is made,
equaled or exceeded such effort or expenditures for career
and technical education programs for the second fiscal year
preceding the fiscal year for which the determination is
made.
‘‘(B) COMPUTATION.—In computing the fiscal effort or
aggregate expenditures pursuant to subparagraph (A), the
Secretary shall exclude capital expenditures, special 1-time
project costs, and the cost of pilot programs.
‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the amount
made available for career and technical education programs
under this Act for a fiscal year is less than the amount
made available for career and technical education programs
under this Act for the preceding fiscal year, then the fiscal
effort per student or the aggregate expenditures of a State
required by subparagraph (A) for the preceding fiscal year
shall be decreased by the same percentage as the percent­
age decrease in the amount so made available.
‘‘(2) WAIVER.—The Secretary may waive the requirements
of this section, with respect to not more than 5 percent of
expenditures by any eligible agency for 1 fiscal year only,
on making a determination that such waiver would be equitable
due to exceptional or uncontrollable circumstances affecting
the ability of the eligible agency to meet such requirements,
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.
‘‘SEC. 312. AUTHORITY TO MAKE PAYMENTS.

‘‘Any authority to make payments or to enter into contracts
under this Act shall be available only to such extent or in such
amounts as are provided in advance in appropriation Acts.
‘‘SEC. 313. CONSTRUCTION.

‘‘Nothing in this Act shall be construed to permit, allow, encour­
age, or authorize any Federal control over any aspect of a private,
religious, or home school, regardless of whether a home school
is treated as a private school or home school under State law.
This section shall not be construed to bar students attending pri­
vate, religious, or home schools from participation in programs
or services under this Act.
‘‘SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION.

‘‘No funds made available under this Act shall be used—

S. 250—62
‘‘(1) to require any secondary school student to choose or
pursue a specific career path or major; or
‘‘(2) to mandate that any individual participate in a career
and technical education program, including a career and tech­
nical education program that requires the attainment of a
federally funded skill level, standard, or certificate of mastery.
‘‘SEC. 315. LIMITATION FOR CERTAIN STUDENTS.

‘‘No funds received under this Act may be used to provide
career and technical education programs to students prior to the
seventh grade, except that equipment and facilities purchased with
funds under this Act may be used by such students.
‘‘SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

‘‘Nothing in this Act shall be construed to be inconsistent with
applicable Federal law prohibiting discrimination on the basis of
race, color, sex, national origin, age, or disability in the provision
of Federal programs or services.
‘‘SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND
CHILDREN.

‘‘(a) PERSONNEL.—An eligible agency or eligible recipient that
uses funds under this Act for in-service and preservice career and
technical education professional development programs for career
and technical education teachers, administrators, and other per­
sonnel shall, to the extent practicable, upon written request, permit
the participation in such programs of career and technical education
secondary school teachers, administrators, and other personnel in
nonprofit private schools offering career and technical secondary
education programs located in the geographical area served by
such eligible agency or eligible recipient.
‘‘(b) STUDENT PARTICIPATION.—
‘‘(1) STUDENT PARTICIPATION.—Except as prohibited by
State or local law, an eligible recipient may, upon written
request, use funds made available under this Act to provide
for the meaningful participation, in career and technical edu­
cation programs and activities receiving funding under this
Act, of secondary school students attending nonprofit private
schools who reside in the geographical area served by the
eligible recipient.
‘‘(2) CONSULTATION.—An eligible recipient shall consult,
upon written request, in a timely and meaningful manner with
representatives of nonprofit private schools in the geographical
area served by the eligible recipient described in paragraph
(1) regarding the meaningful participation, in career and tech­
nical education programs and activities receiving funding under
this Act, of secondary school students attending nonprofit pri­
vate schools.
‘‘SEC. 318. LIMITATION ON FEDERAL REGULATIONS.

‘‘The Secretary may issue regulations under this Act only to
the extent necessary to administer and ensure compliance with
the specific requirements of this Act.

S. 250—63

‘‘PART B—STATE ADMINISTRATIVE
PROVISIONS
‘‘SEC. 321. JOINT FUNDING.

‘‘(a) GENERAL AUTHORITY.—Funds made available to eligible
agencies under this Act may be used to provide additional funds
under an applicable program if—
‘‘(1) such program otherwise meets the requirements of
this Act and the requirements of the applicable program;
‘‘(2) such program serves the same individuals that are
served under this Act;
‘‘(3) such program provides services in a coordinated
manner with services provided under this Act; and
‘‘(4) such funds are used to supplement, and not supplant,
funds provided from non-Federal sources.
‘‘(b) APPLICABLE PROGRAM.—For the purposes of this section,
the term ‘applicable program’ means any program under any of
the following provisions of law:
‘‘(1) Chapters 4 and 5 of subtitle B of title I of Public
Law 105–220.
‘‘(2) The Wagner-Peyser Act.
‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the purposes
of this section, the term ‘additional funds’ does not include funds
used as matching funds.
‘‘SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE
RELOCATION OF BUSINESSES.

‘‘No funds provided under this Act shall be used for the purpose
of directly providing incentives or inducements to an employer
to relocate a business enterprise from one State to another State
if such relocation will result in a reduction in the number of jobs
available in the State where the business enterprise is located
before such incentives or inducements are offered.
‘‘SEC. 323. STATE ADMINISTRATIVE COSTS.

‘‘(a) GENERAL RULE.—Except as provided in subsection (b), for
each fiscal year for which an eligible agency receives assistance
under this Act, the eligible agency shall provide, from non-Federal
sources for the costs the eligible agency incurs for the administra­
tion of programs under this Act, an amount that is not less than
the amount provided by the eligible agency from non-Federal
sources for such costs for the preceding fiscal year.
‘‘(b) EXCEPTION.—If the amount made available from Federal
sources for the administration of programs under this Act for a
fiscal year (referred to in this section as the ‘determination year’)
is less than the amount made available from Federal sources for
the administration of programs under this Act for the preceding
fiscal year, then the amount the eligible agency is required to
provide from non-Federal sources for costs the eligible agency incurs
for the administration of programs under this Act for the determina­
tion year under subsection (a) shall bear the same ratio to the
amount the eligible agency provided from non-Federal sources for
such costs for the preceding fiscal year, as the amount made avail­
able from Federal sources for the administration of programs under
this Act for the determination year bears to the amount made
available from Federal sources for the administration of programs
under this Act for the preceding fiscal year.

S. 250—64
‘‘SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.

‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME OR
RESOURCES.—The portion of any student financial assistance
received under this Act that is made available for attendance costs
described in subsection (b) shall not be considered as income or
resources in determining eligibility for assistance under any other
program funded in whole or in part with Federal funds.
‘‘(b) ATTENDANCE COSTS.—The attendance costs described in
this subsection are—
‘‘(1) tuition and fees normally assessed a student carrying
an academic workload as determined by the institution, and
including costs for rental or purchase of any equipment, mate­
rials, or supplies required of all students in that course of
study; and
‘‘(2) an allowance for books, supplies, transportation,
dependent care, and miscellaneous personal expenses for a
student attending the institution on at least a half-time basis,
as determined by the institution.
‘‘(c) COSTS OF CAREER AND TECHNICAL EDUCATION SERVICES.—
Funds made available under this Act may be used to pay for
the costs of career and technical education services required in
an individualized education program developed pursuant to section
614(d) of the Individuals with Disabilities Education Act and serv­
ices necessary to meet the requirements of section 504 of the
Rehabilitation Act of 1973 with respect to ensuring equal access
to career and technical education.’’.
SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

(a) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(C)
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C))
is amended by striking ‘‘Carl D. Perkins Vocational and Technical
Education Act of 1998’’ and inserting ‘‘The Carl D. Perkins Career
and Technical Education Act of 2006’’.
(b) TRADE ACT OF 1974.—The Trade Act of 1974 (19 U.S.C.
2101 et seq.) is amended—
(1) in section 231(c)(1)(F) (19 U.S.C. 2291(c)(1)(F))—
(A) by striking ‘‘area vocational education schools’’ and
inserting ‘‘area career and technical education schools’’;
and
(B) by striking ‘‘Carl D. Perkins Vocational and Tech­
nical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’; and
(2) in section 236(a)(1)(D) (19 U.S.C. 2296(a)(1)(D)), by
striking ‘‘area vocational’’ and all that follows through ‘‘Act
of 1963’’ and inserting ‘‘area career and technical education
schools, as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006’’.
(c) HIGHER EDUCATION ACT OF 1965.—The Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.) is amended—
(1) in section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A))—
(A) by striking ‘‘section 521(4)(C)’’ and inserting ‘‘sec­
tion 3(3)(C)’’; and
(B) by striking ‘‘Carl D. Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’; and
(2) in section 484(l)(1)(B)(i) (20 U.S.C. 1091(l)(1)(B)(i)), by
striking ‘‘section 521(4)(C) of the Carl D. Perkins Vocational

S. 250—65
and Technical Education Act of 1998’’ and inserting ‘‘section
3(C) of the Carl D. Perkins Career and Technical Education
Act of 2006’’.
(d) EDUCATION FOR ECONOMIC SECURITY ACT.—Section 3(1) of
the Education for Economic Security Act (20 U.S.C. 3902(1)) is
amended—
(1) by striking ‘‘area vocational education school’’ and
inserting ‘‘area career and technical education school’’; and
(2) by striking ‘‘section 521(3) of the Carl D. Perkins Voca­
tional Educational Act..’’ and inserting ‘‘section 3(3) of the Carl
D. Perkins Career and Technical Education Act of 2006.’’.
(e) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section
4(b)(2) of the Education Flexibility Partnership Act of 1999 (20
U.S.C. 5891b(b)(2)) is amended by striking ‘‘Carl D. Perkins Voca­
tional and Technical Education Act of 1998’’ and inserting ‘‘Carl
D. Perkins Career and Technical Education Act of 2006’’.
(f) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
The Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended—
(1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), by striking
‘‘Carl D. Perkins Vocational and Technical Education Act of
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical
Education Act of 2006’’;
(2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), by striking
‘‘Carl D. Perkins Vocational and Technical Education Act of
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical
Education Act of 2006’’;
(3) in section 1114(b)(2)(B)(v) (20 U.S.C. 6314(b)(2)(B)(v)),
by striking ‘‘Carl D. Perkins Vocational and Technical Edu­
cation Act of 1998’’ and inserting ‘‘the Carl D. Perkins Career
and Technical Education Act of 2006’’; and
(4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), by striking
‘‘Carl D. Perkins Vocational and Technical Education Act of
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical
Education Act of 2006’’.
(g) WAGNER-PEYSER ACT.—Section 15(f) of the Wagner-Peyser
Act (29 U.S.C. 49l–2(f)) is amended by striking ‘‘Carl D. Perkins
Vocational and Applied Technology Education Act’’ and inserting
‘‘Carl D. Perkins Career and Technical Education Act of 2006’’.
(h) PUBLIC LAW 105–220.—Public Law 105–220 is amended—
(1) in section 101(3) (29 U.S.C. 2801(3))—
(A) by striking ‘‘given the term’’ and inserting ‘‘given
the term ‘area career and technical education school’ ’’;
and
(B) by striking ‘‘Carl D. Perkins Vocational and Tech­
nical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’;
(2) in section 101(50) (29 U.S.C. 2801(50)), by striking
‘‘given’’ and all that follows through the period at the end
and inserting ‘‘given the term ‘career and technical education’
in section 3 of the Carl D. Perkins Career and Technical Edu­
cation Act of 2006.’’;
(3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by striking
‘‘section 113(b)(14) of the Carl D. Perkins Vocational and
Applied Technology Education Act’’ and inserting ‘‘section
113(b)(3) of the Carl D. Perkins Career and Technical Education
Act of 2006’’;

S. 250—66
(4) in section 112(b)(8)(A)(iii) (29 U.S.C. 2822(b)(8)(A)(iii))—
(A) by striking ‘‘postsecondary vocational education
activities’’ and inserting ‘‘career and technical education
activities at the postsecondary level’’; and
(B) by striking ‘‘Carl D. Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’;
(5)
in
section
121(b)(1)(B)(vii)
(29
U.S.C.
2841(b)(1)(B)(vii))—
(A) by striking ‘‘postsecondary vocational education
activities’’ and inserting ‘‘career and technical education
activities at the postsecondary level’’; and
(B) by striking ‘‘Carl D. Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’;
(6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by
striking ‘‘postsecondary vocational’’ and all that follows through
‘‘Education Act’’ and inserting ‘‘career and technical education
activities at the postsecondary level, and career and technical
education activities available to school dropouts, under the
Carl D. Perkins Career and Technical Education Act of 2006’’;
(7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))—
(A) by striking ‘‘secondary vocational education pro­
grams’’ and inserting ‘‘career and technical education pro­
grams at the secondary level’’; and
(B) by striking ‘‘Carl D. Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’;
(8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))—
(A) by striking ‘‘postsecondary vocational education
programs’’ and inserting ‘‘career and technical education
programs at the postsecondary level’’; and
(B) by striking ‘‘Carl D. Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’; and
(9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by
striking ‘‘Carl D. Perkins Vocational and Applied Technology
Education Act’’ and inserting ‘‘Carl D. Perkins Career and
Technical Education Act of 2006’’.
(i) TITLE 31.—Section 6703(a)(12) of title 31, United States
Code, is amended by striking ‘‘Carl D. Perkins Vocational and
Applied Technology Education Act’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’.
(j) TITLE 40.—Section 14507(a)(1)(A)(iv) of title 40, United
States Code, is amended by striking ‘‘Carl D. Perkins Vocational
and Technical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins
Career and Technical Education Act of 2006’’.
(k) OLDER AMERICANS ACT OF 1965.—The Older Americans
Act of 1965 (42 U.S.C. 3001 et seq.) is amended—
(1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)),
by striking ‘‘Carl D. Perkins Vocational and Technical Edu­
cation Act of 1998’’ and inserting ‘‘Carl D. Perkins Career
and Technical Education Act of 2006’’;
(2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by striking
‘‘Carl D. Perkins Vocational and Technical Education Act of
1998’’ each place that term appears and inserting ‘‘Carl D.
Perkins Career and Technical Education Act of 2006’’; and

S. 250—67
(3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), by striking
‘‘Vocational and Technical Education Act of 1998’’ and inserting
‘‘Career and Technical Education Act of 2006’’.
(l) COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF
2003.—Section 105(f)(1)(B)(iii) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is amended
by striking ‘‘Carl D. Perkins Vocational and Technical Education
Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical
Education Act of 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.