[115th Congress Public Law 224]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 1563]]
Public Law 115-224
115th Congress
An Act
To reauthorize the Carl D. Perkins Career and Technical Education Act of
2006. <<NOTE: July 31, 2018 - [H.R. 2353]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Strengthening
Career and Technical Education for the 21st Century Act. 20 USC 2301
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Career and Technical
Education for the 21st Century Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
Sec. 5. Table of contents of the Carl D. Perkins Career and Technical
Education Act of 2006.
Sec. 6. Purpose.
Sec. 7. Definitions.
Sec. 8. Transition provisions.
Sec. 9. Prohibitions.
Sec. 10. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--Allotment and Allocation
Sec. 110. Reservations and State allotment.
Sec. 111. Within State allocation.
Sec. 112. Accountability.
Sec. 113. National activities.
Sec. 114. Assistance for the outlying areas.
Sec. 115. Native American Programs.
Sec. 116. Tribally controlled postsecondary career and technical
institutions.
Sec. 117. Occupational and employment information.
PART B--State Provisions
Sec. 121. State administration.
Sec. 122. State plan.
Sec. 123. Improvement plans.
Sec. 124. State leadership activities.
PART C--Local Provisions
Sec. 131. Distribution of funds to secondary education programs.
Sec. 132. Special rules for career and technical education.
Sec. 133. Local application for career and technical education programs.
Sec. 134. Local uses of funds.
TITLE II--GENERAL PROVISIONS
Sec. 201. Federal and State administrative provisions.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
[[Page 132 STAT. 1564]]
Sec. 302. Amendments to the Elementary and Secondary Education Act of
1965.
Sec. 303. Amendment to the Workforce Innovation and Opportunity Act.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
SEC. 4. <<NOTE: 20 USC 2301 note.>> EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect
beginning on July 1, 2019.
SEC. 5. TABLE OF CONTENTS OF THE CARL D. PERKINS CAREER AND
TECHNICAL EDUCATION ACT OF 2006.
Section 1(b) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local application for career and technical education
programs.
``Sec. 135. Local uses of funds.
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel and children.
``Sec. 218. Limitation on Federal regulations.
[[Page 132 STAT. 1565]]
``Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Student assistance and other Federal programs.''.
SEC. 6. PURPOSE.
Section 2 (20 U.S.C. 2301) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``academic and career and technical
skills'' and inserting ``academic knowledge and
technical and employability skills''; and
(B) by inserting ``and programs of study'' after
``technical education programs'';
(2) in paragraph (1), by striking ``high demand
occupations'' and inserting ``in-demand occupations'';
(3) in paragraph (3), by striking ``, including tech prep
education'';
(4) in paragraph (4), by inserting ``and programs of study''
after ``technical education programs'';
(5) in paragraph (6), by striking ``and'' after the
semicolon;
(6) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(7) by adding at the end the following:
``(8) increasing the employment opportunities for
populations who are chronically unemployed or underemployed,
including individuals with disabilities, individuals from
economically disadvantaged families, out-of-workforce
individuals, youth who are in, or have aged out of, the foster
care system, and homeless individuals.''.
SEC. 7. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraphs (10), (16), (23), (24), (25),
(26), and (32);
(2) by redesignating paragraphs (8), (9), (11), (12), (13),
(14), (15), (17), (18), (19), (20), (21), (22), (27), (28),
(29), (30), (31), (33), and (34) as paragraphs (9), (10), (17),
(18), (20), (21), (24), (28), (30), (31), (33), (34), (39),
(44), (45), (48), (49), (50), (51), and (52), respectively;
(3) in paragraph (2), by striking ``, including information
as described in section 118''.
(4) in paragraph (3)--
(A) in subparagraph (B), by striking ``5 different
occupational fields to individuals who are available for
study in preparation for entering the labor market'' and
inserting ``3 different fields that are available to all
students, especially in high-skill, high-wage, or in-
demand industry sectors or occupations''; and
(B) in subparagraph (D), by striking ``not fewer
than 5 different occupational fields'' and inserting
``not fewer than 3 different occupational fields'';
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) by amending clause (i) to read as follows:
[[Page 132 STAT. 1566]]
``(i) provides individuals with rigorous
academic content and relevant technical knowledge
and skills needed to prepare for further education
and careers in current or emerging professions,
which may include high-skill, high-wage, or in-
demand industry sectors or occupations, which
shall be, at the secondary level, aligned with the
challenging State academic standards adopted by a
State under section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965;'';
(ii) in clause (ii), by striking ``, an
industry-recognized credential, a certificate, or
an associate degree'' and inserting ``or a
recognized postsecondary credential, which may
include an industry-recognized credential, a
certificate, or an associate degree''; and
(iii) in clause (iii), by striking ``and'' at
the end;
(B) in subparagraph (B)--
(i) by inserting ``, work-based, or other''
after ``competency-based'';
(ii) by striking ``contributes to the'' and
inserting ``supports the development of'';
(iii) by striking ``general''; and
(iv) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(C) to the extent practicable, coordinate between
secondary and postsecondary education programs through
programs of study, which may include coordination
through articulation agreements, early college high
school programs, dual or concurrent enrollment program
opportunities, or other credit transfer agreements that
provide postsecondary credit or advanced standing; and
``(D) may include career exploration at the high
school level or as early as the middle grades (as such
term is defined in section 8101 of the Elementary and
Secondary Education Act of 1965).'';
(6) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(and parents, as
appropriate)'' and inserting ``(and, as
appropriate, parents and out-of-school youth)'';
(ii) by inserting ``exploration
opportunities'' after ``regarding career
awareness''; and
(iii) by striking ``and'' after the semicolon;
(B) in subparagraph (B)--
(i) by inserting ``to students (and, as
appropriate, parents and out-of-school youth)''
after ``provides information''; and
(ii) by striking ``financial aid,'' and all
that follows through the end of the subparagraph
and inserting ``financial aid, job training,
secondary and postsecondary options (including
associate and baccalaureate degree programs), dual
or concurrent enrollment programs, work-based
learning opportunities, early college high
schools, financial literacy, and support services,
as appropriate; and''; and
(C) by adding at the end the following:
[[Page 132 STAT. 1567]]
``(C) may provide assistance for special populations
with respect to direct support services that enable
students to persist in and complete career and technical
education, programs of study, or career pathways.'';
(7) by inserting after paragraph (7) the following:
``(8) Career pathways.--The term `career pathways' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).'';
(8) by inserting after paragraph (10) (as redesignated by
paragraph (2)) the following:
``(11) Credit transfer agreement.--The term `credit transfer
agreement' means a formal agreement, such as an articulation
agreement, among and between secondary and postsecondary
education institutions or systems that grant students
transcripted postsecondary credit, which may include credit
granted to students in dual or concurrent enrollment programs or
early college high school, dual credit, articulated credit, and
credit granted on the basis of performance on technical or
academic assessments.
``(12) CTE concentrator.--The term `CTE concentrator'
means--
``(A) at the secondary school level, a student
served by an eligible recipient who has completed at
least 2 courses in a single career and technical
education program or program of study; and
``(B) at the postsecondary level, a student enrolled
in an eligible recipient who has--
``(i) earned at least 12 credits within a
career and technical education program or program
of study; or
``(ii) completed such a program if the program
encompasses fewer than 12 credits or the
equivalent in total.
``(13) CTE participant.--The term `CTE participant' means an
individual who completes not less than one course in a career
and technical education program or program of study of an
eligible recipient.
``(14) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(15) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(16) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.'';
(9) by inserting after paragraph (18) (as redesignated by
paragraph (2)) the following:
``(19) Eligible entity.--The term `eligible entity' means a
consortium that includes the following:
``(A) Representatives of not less than 2 of the
following categories of entities, 1 of which shall serve
as the fiscal agent for the consortium:
``(i) A local educational agency or a
consortium of such agencies.
``(ii) An educational service agency serving
secondary school students.
[[Page 132 STAT. 1568]]
``(iii) An area career and technical education
school or a consortium of such schools.
``(iv) An Indian Tribe, Tribal organization,
or Tribal educational agency.
``(v) An institution of higher education whose
most common degree awarded is an associate degree,
or a consortium of such institutions.
``(vi) An institution of higher education
whose most common degree awarded is a bachelor's
or higher degree, or a consortium of such
institutions.
``(vii) A State educational agency.
``(B) One or more business or industry
representative partners, which may include
representatives of local or regional businesses or
industries, including industry or sector partnerships in
the local area, local workforce development boards, or
labor organizations.
``(C) One or more stakeholders, which may include--
``(i) parents and students;
``(ii) representatives of local agencies
serving out-of-school youth, homeless children and
youth, and at-risk youth (as defined in section
1432 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6472));
``(iii) representatives of Indian tribes and
Tribal organizations, where applicable;
``(iv) representatives of minority-serving
institutions (as described in paragraphs (1)
through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)), where
applicable;
``(v) representatives of special populations;
``(vi) representatives of adult career and
technical education providers; or
``(vii) other relevant community
stakeholders.'';
(10) by amending paragraph (20) (as redesignated by
paragraph (2)) to read as follows:
``(20) Eligible institution.--The term `eligible
institution' means--
``(A) a consortium of 2 or more of the entities
described in subparagraphs (B) through (F);
``(B) a public or nonprofit private institution of
higher education that offers and will use funds provided
under this title in support of career and technical
education courses that lead to technical skill
proficiency or a recognized postsecondary credential,
including an industry-recognized credential, a
certificate, or an associate degree;
``(C) a local educational agency providing education
at the postsecondary level;
``(D) an area career and technical education school
providing education at the postsecondary level;
``(E) an Indian Tribe, Tribal organization, or
Tribal education agency that operates a school or may be
present in the State;
``(F) a postsecondary educational institution
controlled by the Bureau of Indian Education or operated
by or on behalf of any Indian Tribe that is eligible to
contract with the Secretary of the Interior for the
administration of programs under the Indian Self-
Determination and Education
[[Page 132 STAT. 1569]]
Assistance Act (25 U.S.C. 5301 et seq.) or the Act of
April 16, 1934 (25 U.S.C. 5342 et seq.);
``(G) a tribally controlled college or university;
or
``(H) an educational service agency.'';
(11) in paragraph (21) (as redesignated by paragraph (2)),
by inserting ``an Indian Tribe, Tribal organization, or Tribal
educational agency'' after ``service agency,'';
(12) by inserting after paragraph (21) (as redesignated by
paragraph (2)) the following:
``(22) English learner.--The term `English learner' means--
``(A) a secondary school student who is an English
learner, as defined in section 8101 of the Elementary
and Secondary Education Act of 1965; or
``(B) an adult or an out-of-school youth who has
limited ability in speaking, reading, writing, or
understanding the English language and--
``(i) whose native language is a language
other than English; or
``(ii) who lives in a family environment or
community in which a language other than English
is the dominant language.
``(23) Evidence-based.--The term `evidence-based' has the
meaning given the term in section 8101(21)(A) of the Elementary
and Secondary Education Act of 1965.'';
(13) by inserting after paragraph (24) (as redesignated by
paragraph (2)) the following:
``(25) High school.--The term `high school' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(26) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(27) Indian; indian tribe.--The terms `Indian' and `Indian
Tribe' have the meanings given the terms `Indian' and `Indian
tribe', respectively, in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).'';
(14) by inserting after paragraph (28) (as redesignated by
paragraph (2)) the following:
``(29) Industry or sector partnership.--The term `industry
or sector partnership' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).'';
(15) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Local workforce development board.--The term `local
workforce development board' means a local workforce development
board established under section 107 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3122).'';
(16) in paragraph (33) (as redesignated by paragraph (2)),
by striking ``including'' and inserting ``such as'';
(17) by inserting after paragraph (34) (as redesignated by
paragraph (2)) the following:
``(35) Out-of-school youth.--The term `out-of-school youth'
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
[[Page 132 STAT. 1570]]
``(36) Out-of-workforce individual.--The term `out-of-
workforce individual' means--
``(A) an individual who is a displaced homemaker, as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); or
``(B) an individual who--
``(i)(I) has worked primarily without
remuneration to care for a home and family, and
for that reason has diminished marketable skills;
or
``(II) is a parent whose youngest dependent
child will become ineligible to receive assistance
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) not later than 2 years
after the date on which the parent applies for
assistance under such title; and
``(ii) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
``(37) Paraprofessional.--The term `paraprofessional' has
the meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(38) Pay for success initiative.--
``(A) In general.--Subject to subparagraph (B), the
term `pay for success initiative' means a performance-
based grant, contract, or cooperative agreement awarded
by a State or local public entity (such as a local
educational agency) to a public or private nonprofit
entity--
``(i) in which a commitment is made to pay for
improved outcomes that result in increased public
value and social benefit to students and the
public sector, such as improved student outcomes
as evidenced by the indicators of performance
described in section 113(b)(2) and direct cost
savings or cost avoidance to the public sector;
and
``(ii) that includes--
``(I) a feasibility study on the
initiative describing how the proposed
intervention is based on evidence of
effectiveness;
``(II) a rigorous, third-party
evaluation that uses experimental or
quasi-experimental design or other
research methodologies that allow for
the strongest possible causal inferences
to determine whether the initiative has
met its proposed outcomes;
``(III) an annual, publicly
available report on the progress of the
initiative; and
``(IV) a requirement that payments
are made to the recipient of a grant,
contract, or cooperative agreement only
when agreed upon outcomes are achieved,
except that the entity may make payments
to the third party conducting the
evaluation described in subclause (II).
``(B) Exclusion.--The term `pay for success
initiative' does not include any initiative that--
``(i) reduces the special education or related
services that a student would otherwise receive
under the Individuals with Disabilities Education
Act; or
[[Page 132 STAT. 1571]]
``(ii) otherwise reduces the rights of a
student or the obligations of an entity under the
Individuals with Disabilities Education Act, the
Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), or any other law.''.
(18) in paragraph (39)(C) (as redesignated by paragraph
(2)), by striking ``apprenticeship'' and inserting ``other
skilled training'';
(19) by inserting after paragraph (39) (as redesignated by
paragraph (2)) the following:
``(40) Professional development.--The term `professional
development' means activities that--
``(A) are an integral part of eligible agency,
eligible recipient, institution, or school strategies
for providing educators (including teachers, principals,
other school leaders, administrators, specialized
instructional support personnel, career guidance and
academic counselors, and paraprofessionals) with the
knowledge and skills necessary to enable students to
succeed in career and technical education, to meet
challenging State academic standards under section
1111(b)(1) of the Elementary and Secondary Education
Act, or to achieve academic skills at the postsecondary
level; and
``(B) are sustained (not stand-alone, 1-day, or
short-term workshops), intensive, collaborative, job-
embedded, data-driven, and classroom-focused, to the
extent practicable evidence-based, and may include
activities that--
``(i) improve and increase educators'--
``(I) knowledge of the academic and
technical subjects;
``(II) understanding of how students
learn; and
``(III) ability to analyze student
work and achievement from multiple
sources, including how to adjust
instructional strategies, assessments,
and materials based on such analysis;
``(ii) are an integral part of eligible
recipients' improvement plans;
``(iii) allow personalized plans for each
educator to address the educator's specific needs
identified in observation or other feedback;
``(iv) support the recruitment, hiring, and
training of effective educators, including
educators who became certified through State and
local alternative routes to certification;
``(v) advance educator understanding of--
``(I) effective instructional
strategies that are evidence-based; and
``(II) strategies for improving
student academic and technical
achievement or substantially increasing
the knowledge and teaching skills of
educators;
``(vi) are developed with extensive
participation of educators, parents, students, and
representatives of Indian Tribes (as applicable),
of schools and institutions served under this Act;
[[Page 132 STAT. 1572]]
``(vii) are designed to give educators of
students who are English learners in career and
technical education programs or programs of study
the knowledge and skills to provide instruction
and appropriate language and academic support
services to those students, including the
appropriate use of curricula and assessments;
``(viii) as a whole, are regularly evaluated
for their impact on increased educator
effectiveness and improved student academic and
technical achievement, with the findings of the
evaluations used to improve the quality of
professional development;
``(ix) are designed to give educators of
individuals with disabilities in career and
technical education programs or programs of study
the knowledge and skills to provide instruction
and academic support services to those
individuals, including positive behavioral
interventions and supports, multi-tier system of
supports, and use of accommodations;
``(x) include instruction in the use of data
and assessments to inform and instruct classroom
practice;
``(xi) include instruction in ways that
educators may work more effectively with parents
and families;
``(xii) provide follow-up training to
educators who have participated in activities
described in this paragraph that are designed to
ensure that the knowledge and skills learned by
the educators are implemented in the classroom;
``(xiii) promote the integration of academic
knowledge and skills and relevant technical
knowledge and skills, including programming
jointly delivered to academic and career and
technical education teachers; or
``(xiv) increase the ability of educators
providing career and technical education
instruction to stay current with industry
standards.
``(41) Program of study.--The term `program of study' means
a coordinated, nonduplicative sequence of academic and technical
content at the secondary and postsecondary level that--
``(A) incorporates challenging State academic
standards, including those adopted by a State under
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965;
``(B) addresses both academic and technical
knowledge and skills, including employability skills;
``(C) is aligned with the needs of industries in the
economy of the State, region, Tribal community, or local
area;
``(D) progresses in specificity (beginning with all
aspects of an industry or career cluster and leading to
more occupation-specific instruction);
``(E) has multiple entry and exit points that
incorporate credentialing; and
``(F) culminates in the attainment of a recognized
postsecondary credential.
[[Page 132 STAT. 1573]]
``(42) Qualified intermediary.--The term `qualified
intermediary' means a nonprofit entity, which may be part of an
industry or sector partnership, that demonstrates expertise in
building, connecting, sustaining, and measuring partnerships
with entities such as employers, schools, community-based
organizations, postsecondary institutions, social service
organizations, economic development organizations, Indian tribes
or Tribal organizations, and workforce systems to broker
services, resources, and supports to youth and the organizations
and systems that are designed to serve youth, including--
``(A) connecting employers to classrooms;
``(B) assisting in the design and implementation of
career and technical education programs and programs of
study;
``(C) delivering professional development;
``(D) connecting students to internships and other
work-based learning opportunities; and
``(E) developing personalized student supports.
``(43) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).'';
(20) by inserting after paragraph (45) (as redesignated by
paragraph (2)) the following:
``(46) Specialized instructional support personnel.--The
term `specialized instructional support personnel' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(47) Specialized instructional support services.--The term
`specialized instructional support services' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965.'';
(21) in paragraph (48) (as redesignated by paragraph (2))--
(A) in subparagraph (B), by striking ``foster
children'' and inserting ``low-income youth and
adults'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) out-of-workforce individuals;'';
(C) in subparagraph (F), by striking ``individuals
with limited English proficiency.'' and inserting
``English learners;''; and
(D) by adding at the end the following:
``(G) homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a);
``(H) youth who are in, or have aged out of, the
foster care system; and
``(I) youth with a parent who--
``(i) is a member of the armed forces (as such
term is defined in section 101(a)(4) of title 10,
United States Code); and
``(ii) is on active duty (as such term is
defined in section 101(d)(1) of such title).'';
(22) in paragraph (50) (as redesignated by paragraph (2)),
by inserting ``(including paraprofessionals and specialized
instructional support personnel)'' after ``supportive
personnel'';
(23) in paragraph (52) (as redesignated by paragraph (2))--
[[Page 132 STAT. 1574]]
(A) in subparagraph (A), by striking ``Indian tribe
or Indian tribes'' and inserting ``Indian Tribe or
Indian Tribes''; and
(B) in subparagraph (D)--
(i) by striking ``tribal'' and inserting
``Tribal''; and
(ii) by inserting ``or tribal lands'' after
``reservations''; and
(24) by adding at the end the following:
``(53) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in section
4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
``(54) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965.
``(55) Work-based learning.--The term `work-based learning'
means sustained interactions with industry or community
professionals in real workplace settings, to the extent
practicable, or simulated environments at an educational
institution that foster in-depth, firsthand engagement with the
tasks required in a given career field, that are aligned to
curriculum and instruction.''.
SEC. 8. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Secretary determines to be
appropriate'' and inserting ``are necessary'';
(2) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' each place it appears and
inserting ``Strengthening Career and Technical Education for the
21st Century Act''; and
(3) by striking ``1998'' and inserting ``2006''.
SEC. 9. PROHIBITIONS.
Section 8 (20 U.S.C. 2306a) is amended--
(1) in subsection (a), by striking ``Federal Government to
mandate,'' and all that follows through the period at the end
and inserting ``Federal Government--
``(1) to condition or incentivize the receipt of any grant,
contract, or cooperative agreement, or the receipt of any
priority or preference under such grant, contract, or
cooperative agreement, upon a State, local educational agency,
eligible agency, eligible recipient, eligible entity, or
school's adoption or implementation of specific instructional
content, academic standards and assessments, curricula, or
program of instruction (including any condition, priority, or
preference to adopt the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
academic standards common to a significant number of States, or
any assessment, instructional content, or curriculum aligned to
such standards);
``(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State, local
educational agency, eligible agency, eligible recipient,
eligible entity, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction (including any requirement, direction, or mandate to
adopt the Common Core State Standards developed under the Common
Core State
[[Page 132 STAT. 1575]]
Standards Initiative, any other academic standards common to a
significant number of States, or any assessment, instructional
content, or curriculum aligned to such standards); or
``(3) except as required under sections 112(b), 211(b), and
223--
``(A) to mandate, direct, or control the allocation
of State or local resources; or
``(B) to mandate that a State or a political
subdivision of a State spend any funds or incur any
costs not paid for under this Act.'';
(2) by amending subsection (d) to read as follows:
``(d) Rule of Construction.--Nothing in this section affects the
applicability of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code, (commonly known as the ``Administrative Procedure
Act'') or chapter 8 of title 5, United States Code, commonly known as
the ``Congressional Review Act'').''; and
(3) by adding at the end the following:
``(f) Congressional Notice and Comment.--
``(1) <<NOTE: Deadline. Regulations. Federal
Register, publication.>> Notice to congress.--Not less than 15
business days prior to issuing a notice of proposed rulemaking
related to this Act in the Federal Register, the Secretary shall
provide to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Education and the
Workforce of the House of Representatives, and other relevant
congressional committees, notice of the Secretary's intent to
issue a notice of proposed rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) a description of how the regulation is
consistent with the scope of this Act;
``(D) the anticipated burden (including the time,
cost, and paperwork burden) the regulation will impose
on an eligible agency, institution, or recipient that
may be impacted by the regulation, including the
potential impact on rural areas;
``(E) the anticipated benefits to an eligible
agency, institution, or recipient that may be impacted
by the regulation, including in rural areas; and
``(F) any regulations that will be repealed when the
new regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed
rulemaking under this subsection, provide Congress with
a comment period of 15 business days to make comments on
the proposed regulation, beginning on the date that the
Secretary provides the notice of intent to the
appropriate committees of Congress under paragraph (1);
and
``(B) include and seek to address all comments
submitted by members of Congress in the public
rulemaking record for the regulation published in the
Federal Register.
``(3) <<NOTE: Regulations.>> Comment and review period;
emergency situations.--The comment and review period for any
proposed regulation shall be not less than 60 days unless an
emergency requires a shorter period, in which case the Secretary
shall--
[[Page 132 STAT. 1576]]
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice to Congress under paragraph (1);
``(B) <<NOTE: Federal Register, publication.>>
publish the length of the comment and review period in
such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional
meetings to review such proposed regulation before
issuing any final regulation.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act
(other than sections 114 and 117)--
``(1) $1,229,568,538 for fiscal year 2019;
``(2) $1,246,782,498 for fiscal year 2020;
``(3) $1,264,237,452 for fiscal year 2021;
``(4) $1,281,936,777 for fiscal year 2022;
``(5) $1,299,883,892 for fiscal year 2023; and
``(6) $1,318,082,266 for fiscal year 2024.''.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 110. RESERVATIONS AND STATE ALLOTMENT.
Section 111 (20 U.S.C. 2321) is amended to read as follows:
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the amount appropriated under
section 9 for each fiscal year, the Secretary shall reserve--
``(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) Foundational grant.--
``(A) In general.--From the remainder of the amount
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 an amount equal to
the amount the State received in fiscal year 2018.
``(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.
``(3) Additional funds.--Subject to paragraph (4), from the
additional funds remaining from the amount appropriated under
section 9 and not expended under paragraphs (1) and (2) for a
fiscal year, the Secretary shall allot to a State for the fiscal
year--
[[Page 132 STAT. 1577]]
``(A) an amount that bears the same ratio to 50
percent of the sum being allotted as the product of the
population aged 15 to 19, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(B) an amount that bears the same ratio to 20
percent of the sum being allotted as the product of the
population aged 20 to 24, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(C) an amount that bears the same ratio to 15
percent of the sum being allotted as the product of the
population aged 25 to 65, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States; and
``(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.
``(4) Minimum allotment for years with additional funds.--
``(A) In general.--Subject to subparagraph (B), for
a fiscal year for which there are additional funds
described in paragraph (3), no State shall receive for
such fiscal year under paragraph (3) less than 1/2 of 1
percent of the additional funds available for such
fiscal year. Amounts necessary for increasing such
payments to States to comply with the preceding sentence
shall be obtained by ratably reducing the amounts to be
paid to other States.
``(B) Special rule.--In the case of a qualifying
State, the minimum allotment under subparagraph (A) for
a fiscal year for the qualifying State shall be the
lesser of--
``(i) 1/2 of 1 percent of the additional funds
available for such fiscal year; and
``(ii) the product of--
``(I) 1/3 of the additional funds;
multiplied by
``(II) 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)(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 is
allotted under paragraph (3) for the fiscal year;
divided by
``(ii) 1/2 of 1 percent of the amount
appropriated under paragraph (3) for the fiscal
year for which the determination is made.
``(D) Definitions.--In this paragraph, the term
`qualifying State' means a State (except the United
States Virgin
[[Page 132 STAT. 1578]]
Islands) that, <<NOTE: Determination.>> for the fiscal
year for which a determination under this paragraph is
made, would receive, under the allotment formula under
paragraph (3) (without the application of this
paragraph), an amount that would be less than the amount
the State would receive under subparagraph (A) for such
fiscal year.
``(b) <<NOTE: Determination.>> 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. <<NOTE: Criteria. Regulations.>> Any such reallotment
among other States shall occur on such dates during the same year as the
Secretary shall fix, and shall be made on the basis of criteria
established by regulation. No funds may be reallotted for any use other
than the use for which the funds were appropriated. Any amount
reallotted to a State under this subsection for any fiscal year shall
remain available for obligation during the succeeding fiscal year and
shall be deemed to be part of the State's allotment for the year in
which the amount is obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any State shall
be 1.00 less the product of--
``(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) <<NOTE: Time period.>> Promulgation.--The allotment
ratios shall be promulgated by the Secretary for each fiscal
year between October 1 and December 31 of the fiscal year
preceding the fiscal year for which the determination is made.
Allotment ratios shall be computed on the basis of the average
of the appropriate per capita incomes for the 3 most recent
consecutive fiscal years for which satisfactory data are
available.
``(3) Definition of per capita income.--For the purpose of
this section, the term `per capita income' means, with respect
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. 111. WITHIN STATE ALLOCATION.
Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
[[Page 132 STAT. 1579]]
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``15 percent'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``1 percent'' and
inserting ``2 percent'';
(II) by striking ``State
correctional institutions and
institutions'' and inserting ``State
correctional institutions, juvenile
justice facilities, and educational
institutions''; and
(III) by striking ``and'' after the
semicolon; and
(ii) by inserting after subparagraph (B) the
following:
``(C) an amount shall be made available for the
recruitment of special populations to enroll in career
and technical education programs, which shall be not
less than the lesser of--
``(i) an amount equal to 0.1 percent; or
``(ii) $50,000; and'';
(C) in paragraph (3)(B), by striking ``a local
plan;'' and inserting ``local applications;''; and
(2) in subsection (c), by striking ``section 135'' and all
that follows through the end and inserting ``section 135--
``(1) in--
``(A) rural areas;
``(B) areas with high percentages of CTE
concentrators or CTE participants;
``(C) areas with high numbers of CTE concentrators
or CTE participants; and
``(D) areas with disparities or gaps in performance
as described in section 113(b)(3)(C)(ii)(II); and
``(2) in order to--
``(A) foster innovation through the identification
and promotion of promising and proven career and
technical education programs, practices, and strategies,
which may include programs, practices, and strategies
that prepare individuals for nontraditional fields; or
``(B) promote the development, implementation, and
adoption of programs of study or career pathways aligned
with State-identified high-skill, high-wage, or in-
demand occupations or industries.''.
SEC. 112. ACCOUNTABILITY.
Section 113 (20 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting
``Determined'' after ``State'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by inserting ``State determined'' before
``performance'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B);
(iii) in subparagraph (A), by inserting
``and'' after the semicolon; and
(iv) in subparagraph (B), as so redesignated--
[[Page 132 STAT. 1580]]
(I) by striking ``a State adjusted
level of performance'' and inserting ``a
State determined level of performance'';
and
(II) by striking ``, and State
levels of performance described in
paragraph (3)(B) for each additional
indicator of performance''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Indicators of performance.--
``(A) Core indicators of performance for cte
concentrators at the secondary level.--Each eligible
agency shall identify in the State plan core indicators
of performance for CTE concentrators at the secondary
level that are valid and reliable, and that include, at
a minimum, measures of each of the following:
``(i) The percentage of CTE concentrators who
graduate high school, as measured by--
``(I) the four-year adjusted cohort
graduation rate (defined in section 8101
of the Elementary and Secondary
Education Act of 1965); and
``(II) at the State's discretion,
the extended-year adjusted cohort
graduation rate defined in such section
8101.
``(ii) CTE concentrator proficiency in the
challenging State academic standards adopted by
the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965, as
measured by the academic assessments described in
section 1111(b)(2) of such Act.
``(iii) The percentage of CTE concentrators
who, in the second quarter after exiting from
secondary education, are in postsecondary
education or advanced training, military service
or a service program that receives assistance
under title I of the National and Community
Service Act of 1990 (42 U.S.C. 12511 et seq.), are
volunteers as described in section 5(a) of the
Peace Corps Act (22 U.S.C. 2504(a)), or are
employed.
``(iv) Indicators of career and technical
education program quality as follows:
``(I) That shall include at least 1
of the following:
``(aa) The percentage of CTE
concentrators graduating from
high school having attained a
recognized postsecondary
credential.
``(bb) The percentage of CTE
concentrators graduating from
high school having attained
postsecondary credits in the
relevant career and technical
education program or program of
study earned through a dual or
concurrent enrollment program or
another credit transfer
agreement.
``(cc) The percentage of CTE
concentrators graduating from
high school having participated
in work-based learning.
``(II) That may include any other
measure of student success in career and
technical education
[[Page 132 STAT. 1581]]
that is statewide, valid, and reliable,
and comparable across the State.
``(v) The percentage of CTE concentrators in
career and technical education programs and
programs of study that lead to non-traditional
fields.
``(B) Core indicators of performance for cte
concentrators at the postsecondary level.--Each eligible
agency shall identify in the State plan core indicators
of performance for CTE concentrators at the
postsecondary level that are valid and reliable, and
that include, at a minimum, measures of each of the
following:
``(i) The percentage of CTE concentrators who,
during the second quarter after program
completion, remain enrolled in postsecondary
education, are in advanced training, military
service, or a service program that receives
assistance under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12511 et
seq.), are volunteers as described in section 5(a)
of the Peace Corps Act (22 U.S.C. 2504(a)), or are
placed or retained in employment.
``(ii) The percentage of CTE concentrators who
receive a recognized postsecondary credential
during participation in or within 1 year of
program completion.
``(iii) The percentage of CTE concentrators in
career and technical education programs and
programs of study that lead to non-traditional
fields.
``(C) Alignment of performance indicators.--In
developing core indicators of performance under
subparagraphs (A) and (B), an eligible agency shall, to
the greatest extent possible, align the indicators so
that substantially similar information gathered for
other State and Federal programs, or for any other
purpose, may be used to meet the requirements of this
section.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting
``determined'' after ``State'';
(ii) by amending subparagraph (A) to read as
follows:
``(A) State determined levels of performance for
core indicators of performance.--
``(i) In general.--
``(I) Levels determined by the
eligible agency.--Each eligible agency,
with input from eligible recipients,
shall establish in the State plan
submitted under section 122, for each
year covered by the State plan, State
determined levels of performance for
each of the core indicators described
under subparagraphs (A) and (B) of
paragraph (2) for career and technical
education activities authorized under
this title. The level of performance for
a core indicator shall be the same for
all CTE concentrators in the State.
``(II) Technical assistance.--The
Secretary may assist an eligible agency
in establishing the State determined
levels of performance under this
subparagraph only at the request of that
eligible agency.
[[Page 132 STAT. 1582]]
``(III) Requirements.--Such State
determined levels of performance shall,
at a minimum--
``(aa) be expressed in a
percentage or numerical form, so
as to be objective,
quantifiable, and measurable;
``(bb) require the State to
continually make meaningful
progress toward improving the
performance of all career and
technical education students,
including the subgroups of
students described in section
1111(h)(1)(C)(ii) of the
Elementary and Secondary
Education Act of 1965, and
special populations, as
described in section 3(48); and
``(cc) have been subject to
the public comment process
described in subparagraph (B),
and the eligible agency has
provided a written response;
``(dd) when being adjusted
pursuant to clause (ii), take
into account how the levels of
performance involved compare
with the State levels of
performance established for
other States, considering
factors including the
characteristics of actual (as
opposed to anticipated) CTE
concentrators when the CTE
concentrators entered the
program, and the services or
instruction to be provided;
``(ee) when being adjusted
pursuant to clause (ii), be
higher than the average actual
performance of the 2 most
recently completed program
years, except in the case of
unanticipated circumstances that
require revisions in accordance
with clause (iii); and
``(ff) take into account the
extent to which the State
determined levels of performance
advance the eligible agency's
goals, as set forth in the State
plan.
``(ii) Allowable adjustment of state
determined levels of performance for subsequent
years.--Prior to the third program year covered by
the State plan, each eligible agency may revise
the State determined levels of performance for any
of the core indicators of performance for the
subsequent program years covered by the State
plan, and submit the revised State determined
levels of performance to the Secretary. If the
eligible agency adjusts any levels of performance,
the eligible agency shall adjust those levels in
accordance with clause (i), and address written
comments of stakeholders as described in
subparagraph (B). The Secretary shall approve
those revised levels of performance if those
levels meet the requirements described in
subclause (III) of clause (i). The State
determined adjusted levels of performance
identified under this clause shall be considered
to be the State determined levels of performance
for the State for such years and shall be
incorporated into the State plan.
[[Page 132 STAT. 1583]]
``(iii) Unanticipated circumstances.--If
unanticipated circumstances arise in a State or
changes occur related to improvements in data or
measurement approaches, the eligible agency, at
the end of the program year, may revise the State
determined levels of performance required under
this subparagraph. After public comment, as
described in subparagraph (B), the eligible agency
shall submit such revised levels of performance to
the Secretary with evidence supporting the
revision. The Secretary shall approve any such
revision if that revision meets the requirements
of clause (ii).'';
(iii) by striking subparagraph (B) and
inserting the following:
``(B) Public comment.--
``(i) <<NOTE: Consultation.>> In general.--
Each eligible agency shall develop the levels of
performance under subparagraph (A) in consultation
with the stakeholders identified in section
122(c)(1)(A).
``(ii) <<NOTE: Deadline.>> Written
comments.--Not less than 60 days prior to
submission of the State plan, the eligible agency
shall provide such stakeholders with the
opportunity to provide written comments to the
eligible agency, which shall be included in the
State plan, regarding how the levels of
performance described under subparagraph (A)--
``(I) meet the requirements of the
law;
``(II) support the improvement of
performance of all CTE concentrators,
including subgroups of students, as
described in section 1111(h)(1)(C)(ii)
of the Elementary and Secondary
Education Act of 1965, and special
populations, as described in section
3(48); and
``(III) support the needs of the
local education and business community.
``(iii) Eligible agency response.--Each
eligible agency shall provide, in the State plan,
a written response to the comments provided by
stakeholders under clause (ii).''; and
(iv) by adding at the end the following:
``(C) State report.--
``(i) In general.--Each eligible agency that
receives an allotment under section 111 shall
annually prepare and submit to the Secretary a
report regarding--
``(I) the progress of the State in
achieving the State determined levels of
performance on the core indicators of
performance; and
``(II) the actual levels of
performance for all CTE concentrators,
and for each of the subgroups of
students, as described in section
1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965, and
special populations, as described in
section 3(48).
``(ii) Data.--Except as provided in
subparagraph (E), each eligible agency that
receives an allotment under section 111 shall--
[[Page 132 STAT. 1584]]
``(I) disaggregate data for each of
the indicators of performance under
paragraph (2)--
``(aa) for subgroups of
students, as described in
section 1111(h)(1)(C)(ii) of the
Elementary and Secondary
Education Act of 1965, and
special populations, as
described in section 3(48), that
are served under this Act; and
``(bb) by the career and
technical education programs or
programs of study of the CTE
concentrators, except that in a
case in which reporting by such
program or program of study is
impractical, the data may be
disaggregated by the career
clusters of the CTE
concentrators, if appropriate;
``(II) identify and quantify any
disparities or gaps in performance on
the State determined levels of
performance under subparagraph (A)
between any such subgroup or special
population and the performance of all
CTE concentrators served by the eligible
agency under this Act, which shall
include a quantifiable description of
the progress each such subgroup or
special population of students served by
the eligible agency under this Act has
made in meeting the State determined
levels of performance; and
``(III) for CTE concentrators
described in paragraph (2)(A)(iii) and
paragraph (2)(B)(i), disaggregate data,
to the extent such data is available, by
each of the following:
``(aa) Individuals enrolled
in postsecondary education
(disaggregated by postsecondary
award level, including
certificate, associate, or
baccalaureate degree).
``(bb) Individuals in
advanced training.
``(cc) Individuals in
military service or a service
program that receives assistance
under title I of the National
and Community Service Act of
1990 (42 U.S.C. 12511 et seq.)
or volunteers as described in
section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
``(dd) Individuals in
employment (including those
individuals who are employed in
a high-skill, high-wage, or in-
demand sector or occupation).
``(iii) Nonduplication.--The Secretary shall
ensure that each eligible agency does not report
duplicative information under this section.
``(iv) <<NOTE: Public information.>>
Information dissemination.--The Secretary shall--
``(I) make the information contained
in such reports available to the general
public through a variety of formats,
including electronically through the
Internet;
``(II) disseminate State-by-State
comparisons of the information contained
in such reports; and
[[Page 132 STAT. 1585]]
``(III) provide the appropriate
committees of Congress with copies of
such reports.
``(D) State dissemination of actual levels of
performance.--At the end of each program year, the
eligible agency shall disseminate the actual levels of
performance described in subparagraph (C)(i)(II)--
``(i) widely, including to students, parents,
and educators;
``(ii) through a variety of formats, including
electronically through the Internet; and
``(iii) in user-friendly formats and languages
that are easily accessible, as determined by the
eligible agency.
``(E) Rules for reporting data.--The disaggregation
of data under this paragraph shall not be required when
the number of students in a category is insufficient to
yield statistically reliable information or when the
results would reveal personally identifiable information
about an individual student.''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``adjusted'';
(II) by striking clauses (iii) and
(v), and redesignating clauses (iv) and
(vi) as clauses (iii) and (v),
respectively;
(III) in clause (i)--
(aa) in the matter preceding
subclause (I)--
(AA) by striking ``State
adjusted levels of
performance'' and inserting
``State determined levels of
performance for each year of
the plan''; and
(BB) by striking ``local
adjusted levels'' and
inserting ``local levels''
each place the term appears;
(bb) in subclause (I)--
(AA) by striking
``consistent with the State
levels of performance
established under paragraph
(3), so as'' and inserting
``consistent with the form
expressed in the State
determined levels, so as'';
and
(BB) by striking ``and''
after the semicolon; and
(cc) in subclause (II), by
striking ``continually make
progress toward improving the
performance of career and
technical education students.''
and inserting ``continually make
meaningful progress toward
improving the performance of all
CTE concentrators, including
subgroups of students described
in section 1111(h)(1)(C)(ii) of
the Elementary and Secondary
Education Act of 1965 and
special populations, as
described in section 3(48);'';
and
(dd) by adding at the end
the following:
[[Page 132 STAT. 1586]]
``(III) when being adjusted as
described in clause (iii), be higher
than the average actual performance
levels of the previous 2 program years,
except in a case in which unanticipated
circumstances arise with respect to the
eligible recipient and that eligible
recipient meets the requirements for
revisions under clause (iv);
``(IV) when being adjusted as
described in clause (iii), take into
account how the local levels of
performance compare with the local
levels of performance established for
other eligible recipients, considering
factors including the characteristics of
actual (as opposed to anticipated) CTE
concentrators at the time those CTE
concentrators entered the program, and
the services or instruction to be
provided; and
``(V) set the local levels of
performance using valid and reliable
data that measures--
``(aa) the differences
within the State in actual
economic conditions (including
differences in unemployment
rates and job losses or gains in
particular industries); and
``(bb) the abilities of the
State and the eligible recipient
to collect and access valid,
reliable, and cost-effective
data.'';
(IV) in clause (ii)--
(aa) in the clause heading,
by striking ``plan'' and
inserting ``application'';
(bb) by striking ``plan''
and inserting ``application'';
and
(cc) by striking ``the first
2'' and inserting ``each of
the'';
(V) by amending clause (iii), as
redesignated by subclause (II), to read
as follows:
``(iii) Allowable adjustments of local levels
of performance for subsequent years.--Prior to the
third program year covered by the local
application, the eligible recipient may, if the
eligible recipient reaches an agreement with the
eligible agency, adjust the local levels of
performance for any of the core indicators of
performance for the subsequent program years
covered by the local application, in accordance
with that agreement and with this subparagraph.
The local adjusted levels of performance agreed to
under this clause shall be considered to be the
local levels of performance for the eligible
recipient for such years and shall be incorporated
into the local application.''; and
(VI) in clause (v), as redesignated
by subclause (II), by striking ``If
unanticipated circumstances arise with
respect to an eligible recipient
resulting in a significant change in the
factors described in clause (v), the
eligible recipient may request that the
local adjusted levels of performance
agreed to under clause (iii) or (iv) be
revised.'' and inserting ``If
unanticipated circumstances arise, or
changes occur related to improvements
[[Page 132 STAT. 1587]]
in data or measurement approaches, the
eligible recipient may request that the
local levels of performance agreed to
under clauses (i) and (iii) be
revised.'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B); and
(iii) in subparagraph (B), as redesignated by
clause (ii)--
(I) in clause (i), by striking ``the
data described in clause (ii)(I),
regarding the progress of such recipient
in achieving the local adjusted levels
of performance'' and inserting ``the
data on the actual performance levels
described in clause (ii), including the
progress of such recipient in achieving
the local levels of performance'';
(II) in clause (ii)--
(aa) in subclause (I)--
(AA) by striking
``section 1111(h)(1)(C)(i)''
and inserting ``section
1111(h)(1)(C)(ii)'';
(BB) by striking
``section 3(29)'' and
inserting ``section 3(48)'';
and
(CC) by striking ``and''
after the semicolon; and
(bb) in subclause (II)--
(AA) by inserting ``, as
described in paragraph
3(C)(ii)(II),'' after ``gaps
in performance'';
(BB) by inserting ``as
described in subclause (I)
(including special
populations)'' after
``category of students'';
(CC) by striking ``all
students'' and inserting
``all CTE concentrators'';
and
(DD) by adding at the
end the following:
``(III) disaggregate data by the
career and technical education programs
or programs of study of the CTE
concentrators, except that in a case in
which reporting by such program or
program of study is impractical, the
data may be disaggregated by the career
clusters of the CTE concentrators, if
appropriate; and
``(IV) for CTE concentrators
described in paragraph (2)(A)(iii) and
paragraph (2)(B)(i), disaggregate data,
to the extent such data is available, by
each of the following:
``(aa) Individuals enrolled
in postsecondary education
(disaggregated by postsecondary
award level, including
certificate, associate, or
baccalaureate degree).
``(bb) Individuals in
advanced training.
``(cc) Individuals in
military service or a service
program that receives assistance
under title I of the National
and Community Service Act of
1990 (42 U.S.C. 12511 et seq.)
or volunteers as described in
section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
[[Page 132 STAT. 1588]]
``(dd) Individuals in
employment (including those
individuals who are employed in
a high-skill, high-wage, or in-
demand sector or occupation).'';
(III) in clause (iii), by striking
``subsection (c)(3)'' and inserting
``paragraph (3)(C)(iii)'';
(IV) in clause (iv), by striking
``clause (ii)'' and inserting ``this
paragraph''; and
(V) by striking clause (v) and
inserting the following:
``(v) <<NOTE: Reports. Public information.>>
Availability.--The report described in clause (i)
shall be made available by the eligible recipient
through a variety of formats, including
electronically through the Internet, to students,
parents, educators, and the public, and the
information contained in such report shall be in a
format that is understandable and uniform, and to
the extent practicable, provided in a language
that students, parents, and educators can
understand.''; and
(2) by striking subsection (c).
SEC. 113. NATIONAL ACTIVITIES.
Section 114 (20 U.S.C. 2324) is amended--
(1) in subsection (a)(1)--
(A) <<NOTE: Consultation.>> by striking ``The
Secretary shall'' the first place it appears and
inserting ``The Secretary shall, in consultation with
the Director,''; and
(B) by inserting ``from eligible agencies under
section 113(b)(3)(C)'' after ``pursuant to this title'';
(2) by amending subsection (b) to read as follows:
``(b) Reasonable Cost.--The Secretary shall take such action as may
be necessary to secure at reasonable cost the information required by
this title. <<NOTE: Consultation. Determination.>> To ensure reasonable
cost, the Secretary, in consultation with the National Center for
Education Statistics and the Office of Career, Technical, and Adult
Education shall determine the methodology to be used and the frequency
with which such information is to be collected.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Secretary may''
and inserting ``Secretary shall'';
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``,
acting through the Director,'' after ``describe
how the Secretary''; and
(ii) in subparagraph (C), by inserting ``, in
consultation with the Director,'' after
``Secretary'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``, acting through
the Director,'' after ``The Secretary'';
(II) by inserting ``and the plan
developed under subsection (c)'' after
``described in paragraph (2)''; and
(III) by striking ``assessment''
each place such term appears and
inserting ``evaluation'';
(ii) in subparagraph (B)--
[[Page 132 STAT. 1589]]
(I) in clause (v), by striking ``;
and'' and inserting a semicolon;
(II) in clause (vi)--
(aa) by inserting
``qualified'' before
``intermediaries''; and
(bb) by striking the period
at the end and inserting ``,
which may include individuals
with expertise in addressing
inequities in access to, and in
opportunities for, academic and
technical skill attainment;'';
and
(III) by adding at the end the
following:
``(vii) representatives of Indian Tribes and
Tribal organizations; and
``(viii) representatives of special
populations.''; and
(iii) in subparagraph (C)--
(I) by inserting ``the Director,''
after ``the Secretary,''; and
(II) by striking ``assessment'' and
inserting ``evaluation'';
(B) in paragraph (2)--
(i) in the heading, by striking ``and
assessment'';
(ii) in subparagraph (A)--
(I) by striking ``subsection (e),
the Secretary'' and inserting
``subsection (f), the Secretary, acting
through the Director,'';
(II) by striking ``an independent
evaluation and assessment'' and
inserting ``a series of research and
evaluation initiatives for each year for
which funds are appropriated to carry
out this Act, which are aligned with the
plan in subsection (c)(2),'';
(III) by striking ``Carl D. Perkins
Career and Technical Education
Improvement Act of 2006'' and inserting
``Strengthening Career and Technical
Education for the 21st Century Act'';
and
(IV) by adding at the end the
following: ``Whenever possible, data
used for the evaluation for a fiscal
year shall be data from the most recent
fiscal year for which such data are
available, and from the 5-year period
preceding that fiscal year.''; and
(iii) by amending subparagraph (B) to read as
follows:
``(B) Contents.--The evaluation required under
subparagraph (A) shall include descriptions and
evaluations of--
``(i) <<NOTE: Review.>> the extent and
success of the integration of challenging State
academic standards adopted under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965 and career and technical
education for students participating in career and
technical education programs, including a review
of the effect of such integration on the academic
and technical proficiency achievement of such
students, including--
``(I) the number of such students
that receive a regular high school
diploma, as such term is defined under
section 8101 of the Elementary and
Secondary Education Act of 1965 or a
State-defined
[[Page 132 STAT. 1590]]
alternative diploma described in section
8101(25)(A)(ii)(I)(bb) of such Act;
``(II) the number of such students
that are high school students that
receive a recognized postsecondary
credential; and
``(III) the number of such students
that are high school students that earn
credit toward a recognized postsecondary
credential;
``(ii) the extent to which career and
technical education programs and programs of study
prepare students, including special populations,
for subsequent employment in high-skill, high-wage
occupations (including those in which mathematics
and science skills are critical, which may include
computer science), or for participation in
postsecondary education;
``(iii) employer involvement in, benefit from,
and satisfaction with, career and technical
education programs and programs of study and
career and technical education students'
preparation for employment;
``(iv) efforts to expand access to career and
technical education programs of study for all
students;
``(v) innovative approaches to work-based
learning programs that increase participation and
alignment with employment in high-growth
industries, including in rural and low-income
areas;
``(vi) the effectiveness of different delivery
systems and approaches for career and technical
education, including comprehensive high schools,
technical high schools, area technical centers,
career academies, community and technical
colleges, early college high schools, pre-
apprenticeship programs, voluntary after-school
programs, and individual course offerings,
including dual or concurrent enrollment program
courses, as well as communication strategies for
promoting career and technical education
opportunities involving teachers, school
counselors, and parents or other guardians;
``(vii) the extent to which career and
technical education programs supported by this Act
are grounded on evidence-based research;
``(viii) the impact of the amendments to this
Act made under the Strengthening Career and
Technical Education for the 21st Century Act,
including comparisons, where appropriate, of--
``(I) the use of the comprehensive
needs assessment under section 134(c);
``(II) the implementation of
programs of study; and
``(III) coordination of planning and
program delivery with other relevant
laws, including the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et
seq.) and the Elementary and Secondary
Education Act of 1965;
``(ix) changes in career and technical
education program accountability as described in
section 113 and any effects of such changes on
program delivery and program quality;
[[Page 132 STAT. 1591]]
``(x) changes in student enrollment patterns;
and
``(xi) efforts to reduce disparities or
performance gaps described in section
113(b)(3)(C)(ii)(II).''; and
(iv) in subparagraph (C)--
(I) in clause (i)--
(aa) <<NOTE: Consultation.>> in
the matter preceding subclause
(I), by inserting ``, in
consultation with the
Director,'' after ``The
Secretary''; and
(bb) by striking subclauses
(I) and (II) and inserting the
following:
``(I) <<NOTE: Deadline. Reports. Analyses
.>> not later than 2 years after the
date of enactment of the Strengthening
Career and Technical Education for the
21st Century Act, an interim report
regarding the evaluation and summary of
research activities carried out under
this section that builds on studies and
analyses existing as of such date of
enactment;
``(II) <<NOTE: Deadline. Reports. Analyse
s.>> not later than 4 years after the
date of enactment of the Strengthening
Career and Technical Education for the
21st Century Act, a final report
summarizing the studies and analyses
that relate to the evaluation and
summary of research activities carried
out under this section; and
``(III) <<NOTE: Time
period. Reports.>> a biennial update to
such final report for succeeding
years.'';
(II) in clause (ii), by inserting
``the Director,'' after ``the President,
the Secretary,'' each place the term
appears; and
(III) by adding after clause (ii)
the following:
``(iii) <<NOTE: Reports.>> Dissemination.--In
addition to submitting the reports required under
clause (i), the Secretary shall disseminate the
results of the evaluation widely and on a timely
basis in order to increase the understanding among
State and local officials and educators of the
effectiveness of programs and activities supported
under the Act and of the career and technical
education programs and programs of study that are
most likely to produce positive educational and
employment outcomes.'';
(C) in subparagraph (3)(A), by striking ``State
adjusted levels of performance described in section
113(b)'' and inserting ``State determined levels of
performance described in section 113(b), as long as such
information does not reveal any personally identifiable
information''; and
(D) by striking paragraphs (4) and (5) and inserting
the following:
``(4) Research.--
``(A) <<NOTE: Consultation.>> In general.--From
amounts made available under subsection (f), the
Secretary, after consultation with the Director, the
Commissioner for Education Research, and the States, and
with input from the independent advisory panel
established under subsection (d)(1)(A), shall award a
grant, contract, or cooperative agreement, on a
competitive basis, to an institution of higher education
or to a consortium of one or more institutions of higher
education and one or more private nonprofit
organizations
[[Page 132 STAT. 1592]]
or agencies, to carry out one or more of the activities
described in subparagraph (B).
``(B) Grant activities.--An institution or
consortium receiving a grant under this paragraph shall
use grant funds to carry out one or more of the
following activities:
``(i) Evidence-based research and evaluation
for the purpose of developing, improving, and
identifying the most successful methods for--
``(I) eliminating inequities in
access to, and in opportunities for,
learning, skill development, or
effective teaching in career and
technical education programs; and
``(II) addressing the education,
employment, and training needs of CTE
participants, including special
populations, in career and technical
education programs or programs of study.
``(ii) Research on, and evaluation of, the
impact of changes made by the Strengthening Career
and Technical Education for the 21st Century Act,
including State-by-State comparisons, where
appropriate, of--
``(I) the use of the needs
assessment under section 134(c);
``(II) the implementation of
programs of study;
``(III) how States have implemented
provisions of the Act, including both
fiscal and programmatic elements;
``(IV) career and technical
education funding and finance models;
and
``(V) coordination with other
relevant laws, including the Workforce
Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), the Elementary and
Secondary Education Act of 1965, and the
Higher Education Act of 1965.
``(iii) Evidence-based research and analyses
that provide longitudinal information with respect
to career and technical education programs and
programs of study and student achievement.
``(iv) The implementation of, evaluation of,
or evidence-based research of, innovative methods
that support high-quality implementation of career
and technical education programs and programs of
study and student achievement related to career
and technical education, including--
``(I) creating or expanding dual or
concurrent enrollment program activities
and early college high schools;
``(II) awarding of academic credit
or academic alignment for industry
recognized credentials, competency-based
education, or work-based learning;
``(III) making available open,
searchable, and comparable information
on the quality of industry recognized
credentials, including the related
skills or competencies, attainment by
CTE concentrators, related employment
and earnings outcomes, labor market
value, and use by employers; or
[[Page 132 STAT. 1593]]
``(IV) initiatives to facilitate the
transition of sub-baccalaureate career
and technical education students into
baccalaureate degree programs, including
barriers affecting rural students and
special populations.
``(C) Report.--The institution or consortium
receiving a grant under this paragraph shall annually
prepare a report containing information about the key
research findings of such entity under this paragraph
and shall submit copies of the report to the Secretary
and the Director. The Secretary shall submit copies of
the report to the relevant committees of Congress, the
Library of Congress, and each eligible agency.
``(D) Dissemination.--The institution or consortium
receiving a grant under this paragraph shall conduct
dissemination and training activities based on the
research carried out under this paragraph on a timely
basis, including through dissemination networks and, as
appropriate and relevant, technical assistance providers
within the Department.'';
(5) by redesignating subsection (e) as subsection (f);
(6) by inserting after subsection (d) the following:
``(e) Innovation and Modernization.--
``(1) Grant program.--To identify, support, and rigorously
evaluate evidence-based and innovative strategies and activities
to improve and modernize career and technical education and
align workforce skills with labor market needs as part of the
State plan under section 122 and local application under section
134 and the requirements of this subsection, the Secretary may
use not more than 20 percent of the amounts appropriated under
subsection (f) to award grants to eligible entities, eligible
institutions, or eligible recipients to carry out the activities
described in paragraph (7).
``(2) Non-federal match.--
``(A) Matching funds required.--Except as provided
under subparagraph (B), to receive a grant under this
subsection, an eligible entity, eligible institution, or
eligible recipient shall, through cash or in-kind
contributions, provide matching funds from non-Federal
sources in an amount equal to not less than 50 percent
of the funds provided under such grant.
``(B) <<NOTE: Waiver authority.>> Exception.--The
Secretary may waive the matching fund requirement under
subparagraph (A) if the eligible entity, eligible
institution, or eligible recipient demonstrates
exceptional circumstances.
``(3) Application.--To receive a grant under this
subsection, an eligible entity, eligible institution, or
eligible recipient shall submit an application to the Secretary
at such time, in such manner, and containing such information as
the Secretary may require, including, at a minimum--
``(A) an identification and designation of the
agency, institution, or school responsible for the
administration and supervision of the program assisted
under this paragraph;
``(B) a description of the budget for the project,
the source and amount of the matching funds required
under
[[Page 132 STAT. 1594]]
paragraph (2)(A), and how the applicant will continue
the project after the grant period ends, if applicable;
``(C) a description of how the applicant will use
the grant funds, including how such funds will directly
benefit students, including special populations, served
by the applicant;
``(D) a description of how the program assisted
under this subsection will be coordinated with the
activities carried out under section 124 or 135;
``(E) a description of how the career and technical
education programs or programs of study to be
implemented with grant funds reflect the needs of
regional, State, or local employers, as demonstrated by
the comprehensive needs assessment under section 134(c);
``(F) a description of how the program assisted
under this subsection will be evaluated and how that
evaluation may inform the report described in subsection
(d)(2)(C); and
``(G) an assurance that the applicant will--
``(i) provide information to the Secretary, as
requested, for evaluations that the Secretary may
carry out; and
``(ii) make data available to third parties
for validation, in accordance with applicable data
privacy laws, including section 444 of the General
Education Provisions Act (20 U.S.C. 1232g,
commonly known as the `Family Educational Rights
and Privacy Act of 1974').
``(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications from eligible
entities, eligible institutions, or eligible recipients that
will predominantly serve students from low-income families.
``(5) Geographic diversity.--
``(A) In general.--In awarding grants under this
subsection, the Secretary shall award no less than 25
percent of the total available funds for any fiscal year
to eligible entities, eligible institutions, or eligible
recipients proposing to fund career and technical
education activities that serve--
``(i) a local educational agency with an
urban-centric district locale code of 32, 33, 41,
42, or 43, as determined by the Secretary;
``(ii) an institution of higher education
primarily serving the one or more areas served by
such a local educational agency;
``(iii) a consortium of such local educational
agencies or such institutions of higher education;
``(iv) a partnership between--
``(I) an educational service agency
or a nonprofit organization; and
``(II) such a local educational
agency or such an institution of higher
education; or
``(v) a partnership between--
``(I) a grant recipient described in
clause (i) or (ii); and
``(II) a State educational agency.
[[Page 132 STAT. 1595]]
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary shall reduce the amount of funds made
available under such clause if the Secretary does not
receive a sufficient number of applications of
sufficient quality.
``(6) Duration.--
``(A) In general.--Grants awarded under this
subsection shall be for a period of not more than 3
years.
``(B) Extension.--The Secretary may extend such
grants for not more than 1 additional 2-year period if
the grantee demonstrates to the Secretary that the
grantee is achieving the grantee's program objectives
and, as applicable, has improved education outcomes for
career and technical education students, including
special populations.
``(7) Uses of funds.--An eligible entity, eligible
institution, or eligible recipient that is awarded a grant under
this subsection shall use the grant funds to create, develop,
implement, replicate, or take to scale evidence-based, field-
initiated innovations to modernize and improve effectiveness and
alignment of career and technical education and to improve
student outcomes in career and technical education, and
rigorously evaluate such innovations, through one or more of the
following activities:
``(A) Designing and implementing courses or programs
of study aligned to labor market needs in new or
emerging fields and working with industry to upgrade
equipment, technology, and related curriculum used in
career and technical education programs, which is needed
for the development, expansion, and implementation of
State-approved career and technical education programs
of study, including--
``(i) the development or acquisition of
instructional materials associated with the
equipment and technology purchased by an eligible
entity, eligible institution, or eligible
recipient through the grant; or
``(ii) efforts to expand, develop, or
implement programs designed to increase
opportunities for students to take rigorous
courses in coding or computer science subject
areas, and support for statewide efforts to
increase access and implementation of coding or
computer science courses in order to meet local
labor market needs in occupations that require
skills in those subject areas.
``(B) Improving career and technical education
outcomes of students served by eligible entities,
eligible institutions, or eligible recipients through
activities such as--
``(i) supporting the development and
enhancement of innovative delivery models for
career and technical education related work-based
learning, including school-based simulated work
sites, mentoring, work site visits, job shadowing,
project-based learning, and skills-based and paid
internships;
``(ii) increasing the effective use of
technology within career and technical education
programs and programs of study;
[[Page 132 STAT. 1596]]
``(iii) supporting new models for integrating
academic content at the secondary and
postsecondary level in career and technical
education; or
``(iv) integrating science, technology,
engineering, and mathematics fields, including
computer science education, with career and
technical education.
``(C) Improving the transition of students--
``(i) from secondary education to
postsecondary education or employment through
programs, activities, or services that may include
the creation, development, or expansion of dual or
concurrent enrollment programs, articulation
agreements, credit transfer agreements, and
competency-based education; or
``(ii) from the completion of one
postsecondary program to another postsecondary
program that awards a recognized postsecondary
credential.
``(D) Supporting the development and enhancement of
innovative delivery models for career and technical
education.
``(E) Working with industry to design and implement
courses or programs of study aligned to labor market
needs in new or emerging fields.
``(F) Supporting innovative approaches to career and
technical education by redesigning the high school
experience for students, which may include evidence-
based transitional support strategies for students who
have not met postsecondary education eligibility
requirements.
``(G) Creating or expanding recruitment, retention,
or professional development activities for career and
technical education teachers, faculty, school leaders,
administrators, specialized instructional support
personnel, career guidance and academic counselors, and
paraprofessionals, which may include--
``(i) providing resources and training to
improve instruction for, and provide appropriate
accommodations to, special populations;
``(ii) externships or site visits with
business and industry;
``(iii) the integration of coherent and
rigorous academic content standards and career and
technical education curricula, including through
opportunities for appropriate academic and career
and technical education teachers to jointly
develop and implement curricula and pedagogical
strategies;
``(iv) mentoring by experienced teachers;
``(v) providing resources or assistance with
meeting State teacher licensure and credential
requirements; or
``(vi) training for career guidance and
academic counselors at the secondary level to
improve awareness of postsecondary education and
postsecondary career options, and improve the
ability of such counselors to communicate to
students the career opportunities and employment
trends.
``(H) Improving CTE concentrator employment outcomes
in non-traditional fields.
[[Page 132 STAT. 1597]]
``(I) Supporting the use of career and technical
education programs and programs of study in a
coordinated strategy to address identified employer
needs and workforce shortages, such as shortages in the
early childhood, elementary school, and secondary school
education workforce.
``(J) Providing integrated student support that
addresses the comprehensive needs of students, such as
incorporating accelerated and differentiated learning
opportunities supported by evidence-based strategies for
special populations.
``(K) Establishing an online portal for career and
technical education students, including special
populations, preparing for postsecondary career and
technical education, which may include opportunities for
mentoring, gaining financial literacy skills, and
identifying career opportunities and interests, and a
platform to establish online savings accounts to be used
exclusively for postsecondary career and technical
education programs and programs of study.
``(L) Developing and implementing a pay for success
initiative.
``(8) Evaluation.--Each eligible entity, eligible
institution, or eligible recipient receiving a grant under this
subsection shall provide for an independent evaluation of the
activities carried out using such grant and submit to the
Secretary an annual report that includes--
``(A) a description of how funds received under this
paragraph were used;
``(B) the performance of the eligible entity,
eligible institution, or eligible recipient with respect
to, at a minimum, the performance indicators described
under section 113, as applicable, and disaggregated by--
``(i) subgroups of students described in
section 1111(c)(2)(B) of the Elementary and
Secondary Education Act of 1965;
``(ii) special populations; and
``(iii) as appropriate, each career and
technical education program and program of study;
and
``(C) a quantitative analysis of the effectiveness
of the project carried out under this paragraph.''; and
(7) by amending subsection (f), as redesignated by paragraph
(5), to read as follows:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $7,651,051 for fiscal year 2019;
``(2) $7,758,166 for fiscal year 2020;
``(3) $7,866,780 for fiscal year 2021;
``(4) $7,976,915 for fiscal year 2022;
``(5) $8,088,592 for fiscal year 2023; and
``(6) $8,201,832 for fiscal year 2024.''.
SEC. 114. ASSISTANCE FOR THE OUTLYING AREAS.
Section 115 (20 U.S.C. 2325) is amended--
(1) in subsection (a)(3), by striking ``subject to
subsection (d)'' and inserting ``subject to subsection (b)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
[[Page 132 STAT. 1598]]
SEC. 115. NATIVE AMERICAN PROGRAMS.
Section 116 (20 U.S.C. 2326) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the paragraph heading, by
striking ``native'' and inserting ``Native'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(D) in paragraph (3) (as redesignated by
subparagraph (C)), in the paragraph heading, by striking
``hawaiian'' and inserting ``Hawaiian''; and
(E) in paragraph (4) (as redesignated by
subparagraph (C))--
(i) in the paragraph heading, by striking
``hawaiian'' and inserting ``Hawaiian''; and
(ii) by inserting ``(20 U.S.C. 7517)'' after
``Act'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``tribes'' and inserting
``Tribes''; and
(ii) by striking ``tribal'' and inserting
``Tribal'';
(B) in paragraph (2)--
(i) by striking the paragraph heading and
inserting ``Indian tribes and tribal
organizations.--'';
(ii) by striking ``Indian tribe or tribal
organization'' and inserting ``Indian Tribe or
Tribal organization'';
(iii) by striking ``450f'' and inserting
``5321''; and
(iv) by striking ``455-457'' and inserting
``5345-5347'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``bureau of indian affairs'' and inserting
``Bureau of indian education'';
(ii) by striking ``tribe'' and inserting
``Tribe'';
(iii) by striking ``tribal'' and inserting
``Tribal''; and
(iv) by striking ``Bureau of Indian Affairs''
and inserting ``Bureau of Indian Education'';
(D) in paragraph (4)--
(i) by striking ``Bureau of Indian Affairs''
each place the term appears and inserting ``Bureau
of Indian Education''; and
(ii) by striking ``Assistant Secretary of the
Interior for Indian Affairs'' and inserting
``Director of the Bureau of Indian Education'';
(E) in paragraph (5)(A), by striking ``Indian
tribes, tribal organizations, and individual tribal
members'' and inserting ``Indian Tribes, Tribal
organizations, and individual Tribal members''; and
(F) in paragraph (6)--
(i) by striking ``tribe'' each place the term
appears and inserting ``Tribe''; and
(ii) by striking ``tribal'' each place the
term appears and inserting ``Tribal'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
[[Page 132 STAT. 1599]]
``(2) Special rule.--Notwithstanding section 3(5)(A)(iii),
funds made available under this section may be used to provide
preparatory, refresher, and remedial education services that are
designed to enable students to achieve success in career and
technical education programs or programs of study.'';
(4) in subsection (d), by striking ``tribe'' each place the
term appears and inserting ``Tribe'';
(5) in subsection (e)(1), by striking ``tribal'' and
inserting ``Tribal'';
(6) in subsection (f), by striking ``tribe'' and inserting
``Tribe''; and
(7) in subsection (g), by striking ``tribe'' each place the
term appears and inserting ``Tribe''.
SEC. 116. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS.
Section 117 (20 U.S.C. 2327) is amended--
(1) in subsection (a)(2), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(2) in subsection (d), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(3) in subsection (f)(3), by striking ``tribe'' each place
the term appears and inserting ``Tribe'';
(4) in subsection (h)--
(A) in the paragraph heading, by striking ``indian
tribe'' and inserting ``Indian tribe''; and
(B) by striking ``terms `Indian' and `Indian tribe'
have the meanings given the terms in'' and inserting
``terms `Indian' and `Indian Tribe' have the meanings
given the terms `Indian' and `Indian tribe',
respectively, in''; and
(5) by striking subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $9,762,539 for fiscal year 2019;
``(2) $9,899,215 for fiscal year 2020;
``(3) $10,037,804 for fiscal year 2021;
``(4) $10,178,333 for fiscal year 2022;
``(5) $10,320,829 for fiscal year 2023; and
``(6) $10,465,321 for fiscal year 2024.''.
SEC. 117. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118 (20 U.S.C. 2328) <<NOTE: Repeal.>> is repealed.
PART B--STATE PROVISIONS
SEC. 121. STATE ADMINISTRATION.
Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is amended by striking
``parents'' and all that follows through the end of the paragraph and
inserting ``teachers, faculty, specialized instructional support
personnel, paraprofessionals, school leaders, authorized public
chartering agencies and charter school leaders (consistent with State
law), employers, representatives of business (including small
businesses), labor organizations, eligible recipients, local program
administrators, State and local officials, Indian Tribes or Tribal
organizations present in the State, parents, students, and community
organizations;''.
[[Page 132 STAT. 1600]]
SEC. 122. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``6-year period,'' and
inserting ``4-year period, consistent with
subsection (b) and paragraph (5),''; and
(ii) by striking ``Carl D. Perkins Career and
Technical Education Improvement Act of 2006'' and
inserting ``Strengthening Career and Technical
Education for the 21st Century Act'';
(B) in paragraph (2)(B), by striking ``6-year
period'' and inserting ``4-year period'';
(C) in paragraph (3), by striking ``(including
charter school'' and all that follows through ``and
community organizations)'' and inserting ``(including
teachers, faculty, specialized instructional support
personnel, paraprofessionals, school leaders, authorized
public chartering agencies and charter school leaders
(consistent with State law), employers, labor
organizations, parents, students, Indian Tribes and
Tribal organizations that may be present in the State,
and community organizations)''; and
(D) by adding at the end the following:
``(4) <<NOTE: Time period.>> Public comment.--Each eligible
agency shall make the State plan publicly available for public
comment for a period of not less than 30 days, by electronic
means and in an easily accessible format, prior to submission to
the Secretary for approval under this subsection. In the plan
the eligible agency files under this subsection, the eligible
agency shall provide an assurance that public comments were
taken into account in the development of the State plan.
``(5) <<NOTE: Deadline.>> Optional submission of subsequent
plans.--An eligible agency may, after the first 4-year State
plan is submitted under this section, submit subsequent 4-year
plans not later than 120 days prior to the end of the 4-year
period covered by the preceding State plan or, if an eligible
agency chooses not to submit a State plan for a subsequent 4-
year period, the eligible agency shall submit, and the Secretary
shall approve, annual revisions to the State determined levels
of performance in the same manner as revisions submitted and
approved under section 113(b)(3)(A)(ii).''; and
(2) by striking subsections (b) through (e) and inserting
the following:
``(b) Options for Submission of State Plan.--
``(1) Combined plan.--The eligible agency may submit a
combined plan that meets the requirements of this section and
the requirements of section 103 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113).
``(2) Notice to secretary.--The eligible agency shall inform
the Secretary of whether the eligible agency intends to submit a
combined plan described in paragraph (1) or a single plan.
``(c) Plan Development.--
``(1) In general.--The eligible agency shall--
``(A) <<NOTE: Consultation.>> develop the State
plan in consultation with--
``(i) representatives of secondary and
postsecondary career and technical education
programs, including
[[Page 132 STAT. 1601]]
eligible recipients and representatives of 2-year
minority-serving institutions and historically
Black colleges and universities and tribally
controlled colleges or universities in States
where such institutions are in existence, adult
career and technical education providers, and
charter school representatives in States where
such schools are in existence, which shall include
teachers, faculty, school leaders, specialized
instructional support personnel, career and
academic guidance counselors, and
paraprofessionals;
``(ii) interested community representatives,
including parents, students, and community
organizations;
``(iii) representatives of the State workforce
development board established under section 101 of
the Workforce Innovation and Opportunity Act (29
U.S.C. 3111) (referred to in this section as the
`State board');
``(iv) members and representatives of special
populations;
``(v) representatives of business and industry
(including representatives of small business),
which shall include representatives of industry
and sector partnerships in the State, as
appropriate, and representatives of labor
organizations in the State;
``(vi) representatives of agencies serving
out-of-school youth, homeless children and youth,
and at-risk youth, including the State Coordinator
for Education of Homeless Children and Youths
established or designated under section 722(d)(3)
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(d)(3));
``(vii) representatives of Indian Tribes and
Tribal organizations located in, or providing
services in, the State; and
``(viii) individuals with disabilities; and
``(B) <<NOTE: Consultation.>> consult the Governor
of the State, and the heads of other State agencies with
authority for career and technical education programs
that are not the eligible agency, with respect to the
development of the State plan.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access to
information needed to use such procedures, to allow the
individuals and entities described in paragraph (1) to
participate in State and local decisions that relate to
development of the State plan.
``(3) Consultation with the governor.--The consultation
described in paragraph (1)(B) shall include meetings of
officials from the eligible agency and the Governor's office and
shall occur--
``(A) during the development of such plan; and
``(B) prior to submission of the plan to the
Secretary.
``(d) Plan Contents.--The State plan shall include--
``(1) <<NOTE: Summary.>> a summary of State-supported
workforce development activities (including education and
training) in the State, including the degree to which the
State's career and technical education programs and programs of
study are aligned with
[[Page 132 STAT. 1602]]
and address the education and skill needs of the employers in
the State identified by the State board;
``(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including special
populations) and for meeting the skilled workforce needs of
employers, including in existing and emerging in-demand industry
sectors and occupations as identified by the State, and how the
State's career and technical education programs will help to
meet these goals;
``(3) <<NOTE: Strategy.>> a strategy for any joint
planning, alignment, coordination, and leveraging of funds--
``(A) between the State's career and technical
education programs and programs of study with the
State's workforce development system, to achieve the
strategic vision and goals described in paragraph (2),
including the core programs defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102) and the elements related to system alignment under
section 102(b)(2)(B) of such Act (29 U.S.C.
3112(b)(2)(B)); and
``(B) for programs carried out under this title with
other Federal programs, which may include programs
funded under the Elementary and Secondary Education Act
of 1965 and the Higher Education Act of 1965;
``(4) a description of the career and technical education
programs or programs of study that will be supported, developed,
or improved at the State level, including descriptions of--
``(A) the programs of study to be developed at the
State level and made available for adoption by eligible
recipients;
``(B) the process and criteria to be used for
approving locally developed programs of study or career
pathways, including how such programs address State
workforce development and education needs and the
criteria to assess the extent to which the local
application under section 132 will--
``(i) promote continuous improvement in
academic achievement and technical skill
attainment;
``(ii) expand access to career and technical
education for special populations; and
``(iii) support the inclusion of employability
skills in programs of study and career pathways;
``(C) how the eligible agency will--
``(i) make information on approved programs of
study and career pathways (including career
exploration, work-based learning opportunities,
early college high schools, and dual or concurrent
enrollment program opportunities) and guidance and
advisement resources, available to students (and
parents, as appropriate), representatives of
secondary and postsecondary education, and special
populations, and to the extent practicable,
provide that information and those resources in a
language students, parents, and educators can
understand;
``(ii) facilitate collaboration among eligible
recipients in the development and coordination of
career and technical education programs and
programs of
[[Page 132 STAT. 1603]]
study and career pathways that include multiple
entry and exit points;
``(iii) use State, regional, or local labor
market data to determine alignment of eligible
recipients' programs of study to the needs of the
State, regional, or local economy, including in-
demand industry sectors and occupations identified
by the State board, and to align career and
technical education with such needs, as
appropriate;
``(iv) ensure equal access to approved career
and technical education programs of study and
activities assisted under this Act for special
populations;
``(v) coordinate with the State board to
support the local development of career pathways
and articulate processes by which career pathways
will be developed by local workforce development
boards, as appropriate;
``(vi) support effective and meaningful
collaboration between secondary schools,
postsecondary institutions, and employers to
provide students with experience in, and
understanding of, all aspects of an industry,
which may include work-based learning such as
internships, mentorships, simulated work
environments, and other hands-on or inquiry-based
learning activities; and
``(vii) improve outcomes and reduce
performance gaps for CTE concentrators, including
those who are members of special populations; and
``(D) how the eligible agency may include the
opportunity for secondary school students to participate
in dual or concurrent enrollment programs, early college
high school, or competency-based education;
``(5) a description of the criteria and process for how the
eligible agency will approve eligible recipients for funds under
this Act, including how--
``(A) each eligible recipient will promote academic
achievement;
``(B) each eligible recipient will promote skill
attainment, including skill attainment that leads to a
recognized postsecondary credential; and
``(C) each eligible recipient will ensure the
comprehensive needs assessment under section 134(c)
takes into consideration local economic and education
needs, including, where appropriate, in-demand industry
sectors and occupations;
``(6) a description of how the eligible agency will support
the recruitment and preparation of teachers, including special
education teachers, faculty, school principals, administrators,
specialized instructional support personnel, and
paraprofessionals to provide career and technical education
instruction, leadership, and support, including professional
development that provides the knowledge and skills needed to
work with and improve instruction for special populations;
``(7) a description of how the eligible agency will use
State leadership funds under section 124;
``(8) a description of how funds received by the eligible
agency through the allotment made under section 111 will be
distributed--
[[Page 132 STAT. 1604]]
``(A) among career and technical education at the
secondary level, or career and technical education at
the postsecondary and adult level, or both, including
how such distribution will most effectively provide
students with the skills needed to succeed in the
workplace; and
``(B) among any consortia that may be formed among
secondary schools and eligible institutions, and how
funds will be distributed among the members of the
consortia, including the rationale for such distribution
and how it will most effectively provide students with
the skills needed to succeed in the workplace;
``(9) a description of the eligible agency's program
strategies for special populations, including a description of
how individuals who are members of special populations--
``(A) will be provided with equal access to
activities assisted under this Act;
``(B) will not be discriminated against on the basis
of status as a member of a special population;
``(C) will be provided with programs designed to
enable individuals who are members of special
populations to meet or exceed State determined levels of
performance described in section 113, and prepare
special populations for further learning and for high-
skill, high-wage, or in-demand industry sectors or
occupations;
``(D) will be provided with appropriate
accommodations; and
``(E) will be provided instruction and work-based
learning opportunities in integrated settings that
support competitive, integrated employment;
``(10) a description of the procedure the eligible agency
will adopt for determining State determined levels of
performance described in section 113, which, at a minimum, shall
include--
``(A) a description of the process for public
comment under section 113(b)(3)(B) as part of the
development of the State determined levels of
performance under section 113(b);
``(B) an explanation of the State determined levels
of performance; and
``(C) a description of how the State determined
levels of performance set by the eligible agency align
with the levels, goals, and objectives of other Federal
and State laws;
``(11) a description of how the eligible agency will address
disparities or gaps in performance, as described in section
113(b)(3)(C)(ii)(II), in each of the plan years, and if no
meaningful progress has been achieved prior to the third program
year, a description of the additional actions the eligible
agency will take to eliminate these disparities or gaps;
``(12) describes how the eligible agency will involve
parents, academic and career and technical education teachers,
administrators, faculty, career guidance and academic
counselors, local business (including small businesses), labor
organizations, and representatives of Indian Tribes and Tribal
organizations, as appropriate, in the planning, development,
implementation, and evaluation of such career and technical
education programs; and
[[Page 132 STAT. 1605]]
``(13) assurances that--
``(A) <<NOTE: Compliance.>> the eligible agency
will comply with the requirements of this Act and the
provisions of the State plan, including the provision of
a financial audit of funds received under this Act,
which may be included as part of an audit of other
Federal or State programs;
``(B) none of the funds expended under this Act will
be used to acquire equipment (including computer
software) in any instance in which such acquisition
results in a direct financial benefit to any
organization representing the interests of the acquiring
entity or the employees of the acquiring entity, or any
affiliate of such an organization;
``(C) the eligible agency will use the funds to
promote preparation for high-skill, high-wage, or in-
demand industry sectors or occupations and non-
traditional fields, as identified by the eligible
agency;
``(D) the eligible agency will use the funds
provided under this Act to implement career and
technical education programs and programs of study for
individuals in State correctional institutions,
including juvenile justice facilities; and
``(E) the eligible agency will provide local
educational agencies, area career and technical
education schools, and eligible institutions in the
State with technical assistance, including technical
assistance on how to close gaps in student participation
and performance in career and technical education
programs; and
``(14) a description of the opportunities for the public to
comment in person and in writing on the State plan under this
subsection.
``(e) Consultation.--
``(1) In general.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of
any funds proposed to be reserved for adult career and technical
education, postsecondary career and technical education, and
secondary career and technical education after consultation
with--
``(A) the State agency responsible for supervision
of community colleges, technical institutes, other 2-
year postsecondary institutions primarily engaged in
providing postsecondary career and technical education,
or, where applicable, institutions of higher education
that are engaged in providing postsecondary career and
technical education as part of their mission;
``(B) the State agency responsible for secondary
education; and
``(C) the State agency responsible for adult
education.
``(2) Objections of state agencies.--If a State agency other
than the eligible agency finds that a portion of the final State
plan is objectionable, that objection shall be filed together
with the State plan. The eligible agency shall respond to any
objections of such State agency in the State plan submitted to
the Secretary.
``(3) <<NOTE: Time period. Submission.>> Joint signature
authority.--A Governor shall have 30 days prior to the eligible
agency submitting the State plan to the Secretary to sign such
plan. If the Governor has not
[[Page 132 STAT. 1606]]
signed the plan within 30 days of delivery by the eligible
agency to the Governor, the eligible agency shall submit the
plan to the Secretary without such signature.
``(f) Plan Approval.--
``(1) <<NOTE: Deadline. Determination.>> In general.--Not
later than 120 days after the eligible agency submits its State
plan, the Secretary shall approve such State plan, or a revision
of the plan under subsection (a)(2) (including a revision of
State determined levels of performance in accordance with
section 113(b)(3)(A)(iii)), if the Secretary determines that the
State has submitted in its State plan State determined levels of
performance that meet the criteria established in section
113(b)(3), including the minimum requirements described in
section 113(b)(3)(A)(i)(III), unless the Secretary--
``(A) determines that the State plan does not meet
the requirements of this Act, including the minimum
requirements as described in section
113(b)(3)(A)(i)(III); and
``(B) meets the requirements of paragraph (2) with
respect to such plan.
``(2) Disapproval.--The Secretary--
``(A) shall have the authority to disapprove a State
plan only if the Secretary--
``(i) determines how the State plan fails to
meet the requirements of this Act; and
``(ii) provides to the eligible agency, in
writing, notice of such determination and the
supporting information and rationale to
substantiate such determination; and
``(B) shall not finally disapprove a State plan,
except after making the determination and providing the
information described in subparagraph (A), and giving
the eligible agency notice and an opportunity for a
hearing.''.
SEC. 123. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``percent of an agreed upon''
and inserting ``percent of the'';
(ii) by striking ``State adjusted level of
performance'' and inserting ``State determined
level of performance'' each place the term
appears;
(iii) by striking ``section 113(b)(3)'' and
inserting ``113(b)(2) for all CTE concentrators'';
(iv) by striking ``(with special consideration
to performance gaps identified under section
113(c)(2))'' and inserting ``(that includes an
analysis of the performance disparities or gaps
identified under section 113(b)(3)(C)(ii)(II), and
actions that will be taken to address such
gaps)'';
(B) in paragraph (2)--
(i) by striking ``State's adjusted levels of
performance'' and inserting ``State determined
levels of performance''; and
[[Page 132 STAT. 1607]]
(ii) by striking ``purposes of this Act'' and
inserting ``purposes of this section, including
after implementation of the improvement plan
described in paragraph (1),'';
(C) in paragraph (3)(A)--
(i) in clause (i), by inserting ``or'' after
the semicolon; and
(ii) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) with respect to any specific core
indicator of performance that was identified in a
program improvement plan under paragraph (1),
fails to meet at least 90 percent of a State
determined level of performance for such core
indicator for 2 consecutive years after the
eligible agency has been identified for
improvement under such paragraph.''; and
(D) by adding at the end the following:
``(5) Adjustments prohibited.--An eligible agency shall not
be eligible to adjust performance levels while executing an
improvement plan under this section.''; and
(2) in subsection (b)--
(A) by striking ``adjusted'' each place the term
appears;
(B) in paragraph (2)--
(i) by inserting ``for all CTE concentrators''
after ``section 113(b)(4)''; and
(ii) by striking ``(with special consideration
to performance gaps identified under section
113(b)(4)(C)(ii)(II) in consultation with the
eligible agency,'' and inserting ``(that includes
an analysis of the performance disparities or gaps
identified under section 113(b)(3)(C)(ii)(II), and
actions that will be taken to address such gaps)
in consultation with local stakeholders described
in section 134(d)(1), the eligible agency, and'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``or'' after the semicolon; and
(II) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) with respect to any specific core
indicator of performance that was identified in a
program improvement plan under paragraph (2),
fails to meet at least 90 percent of the local
level of performance for such core indicator for 2
consecutive years after the eligible recipient has
been identified for improvement under such
paragraph.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``or'' after the semicolon;
(II) in clause (ii), by striking the
period at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(iii) in response to a public request from
an eligible recipient, if the eligible agency
determines that the requirements described in
clause (i) or (ii) have been met.''; and
[[Page 132 STAT. 1608]]
(D) by adding at the end the following:
``(6) Adjustments prohibited.--An eligible recipient shall
not be eligible to adjust performance levels while executing an
improvement plan under this section.''.
SEC. 124. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (a), by striking ``shall conduct State
leadership activities.'' and inserting ``shall--
``(1) conduct State leadership activities to improve career
and technical education, which shall include support for--
``(A) preparation for non-traditional fields in
current and emerging professions, programs for special
populations, and other activities that expose students,
including special populations, to high-skill, high-wage,
and in-demand occupations;
``(B) individuals in State institutions, such as
State correctional institutions, including juvenile
justice facilities, and educational institutions that
serve individuals with disabilities;
``(C) recruiting, preparing, or retaining career and
technical education teachers, faculty, specialized
instructional support personnel, or paraprofessionals,
such as preservice, professional development, or
leadership development programs; and
``(D) technical assistance for eligible recipients;
and
``(2) <<NOTE: Reports.>> report on the effectiveness of
such use of funds in achieving the goals described in section
122(d)(2) and the State determined levels of performance
described in section 113(b)(3)(A), and reducing disparities or
performance gaps as described in section
113(b)(3)(C)(ii)(II).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Required'' and inserting ``Permissible'';
(B) in the matter preceding paragraph (1), by
striking ``shall'' and inserting ``may''; and
(C) by striking paragraphs (1) through (9) and
inserting the following:
``(1) developing statewide programs of study, which may
include standards, curriculum, and course development, and
career exploration, guidance, and advisement activities and
resources;
``(2) approving locally developed programs of study that
meet the requirements established in section 122(d)(4)(B);
``(3) establishing statewide articulation agreements aligned
to approved programs of study;
``(4) establishing statewide industry or sector partnerships
among local educational agencies, institutions of higher
education, adult education providers, Indian Tribes and Tribal
organizations that may be present in the State, employers,
including small businesses, and parents, as appropriate to--
``(A) develop and implement programs of study
aligned to State and local economic and education needs,
including, as appropriate, in-demand industry sectors
and occupations;
[[Page 132 STAT. 1609]]
``(B) facilitate the establishment, expansion, and
integration of opportunities for students at the
secondary level to--
``(i) successfully complete coursework that
integrates rigorous and challenging technical and
academic instruction aligned with the challenging
State academic standards adopted by the State
under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965; and
``(ii) earn a recognized postsecondary
credential or credit toward a recognized
postsecondary credential, which may be earned
through a dual or concurrent enrollment program or
early college high school, at no cost to the
student or the student's family; and
``(C) facilitate work-based learning opportunities
(including internships, externships, and simulated work
environments) into programs of study;
``(5) for teachers, faculty, specialized instructional
support personnel, and paraprofessionals providing career and
technical education instruction, support services, and
specialized instructional support services, high-quality
comprehensive professional development that is, to the extent
practicable, grounded in evidence-based research (to the extent
a State determines that such evidence is reasonably available)
that identifies the most effective educator professional
development process and is coordinated and aligned with other
professional development activities carried out by the State
(including under title II of the Elementary and Secondary
Education Act of 1965 and title II of the Higher Education Act
of 1965), including programming that--
``(A) promotes the integration of the challenging
State academic standards adopted by the State under
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 and relevant technical knowledge
and skills, including programming jointly delivered to
academic and career and technical education teachers;
``(B) prepares career and technical education
teachers, faculty, specialized instructional support
personnel, and paraprofessionals to provide appropriate
accommodations for students who are members of special
populations, including through the use of principles of
universal design for learning, multi-tier systems of
supports, and positive behavioral interventions and
support; and
``(C) increases the ability of teachers, faculty,
specialized instructional support personnel, and
paraprofessionals providing career and technical
education instruction to stay current with industry
standards and earn an industry-recognized credential or
license, as appropriate, including by assisting those
with relevant industry experience in obtaining State
teacher licensure or credential requirements;
``(6) supporting eligible recipients in eliminating
inequities in student access to--
``(A) high-quality programs of study that provide
skill development; and
``(B) effective teachers, faculty, specialized
instructional support personnel, and paraprofessionals;
[[Page 132 STAT. 1610]]
``(7) <<NOTE: Grants.>> awarding incentive grants to
eligible recipients--
``(A) for exemplary performance in carrying out
programs under this Act, which awards shall be based
on--
``(i) eligible recipients exceeding the local
level of performance on a core indicator of
performance established under section 113(b)(4)(A)
in a manner that reflects sustained or significant
improvement;
``(ii) eligible recipients effectively
developing connections between secondary education
and postsecondary education and training;
``(iii) the integration of academic and
technical standards;
``(iv) eligible recipients' progress in
closing achievement gaps among subpopulations who
participate in programs of study; 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 permitted under section 135(c);
``(8) providing support for--
``(A) the adoption and integration of recognized
postsecondary credentials and work-based learning into
programs of study, and for increasing data collection
associated with recognized postsecondary credentials and
employment outcomes; or
``(B) <<NOTE: Consultation. Coordination.>>
consultation and coordination with other State agencies
for the identification and examination of licenses or
certifications that--
``(i) pose an unwarranted barrier to entry
into the workforce for career and technical
education students; and
``(ii) do not protect the health, safety, or
welfare of consumers;
``(9) the creation, implementation, and support of pay for
success initiatives leading to a recognized postsecondary
credential;
``(10) support for career and technical education programs
for adults and out-of-school youth concurrent with their
completion of their secondary school education in a school or
other educational setting;
``(11) the creation, evaluation, and support of competency-
based curricula;
``(12) support for the development, implementation, and
expansion of programs of study or career pathways in areas
declared to be in a state of emergency under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
``(13) partnering with qualified intermediaries to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of the
delivery of high-quality career and technical education;
``(14) improvement of career guidance and academic
counseling programs that assist students in making informed
academic and career and technical education decisions, including
academic and financial aid counseling;
[[Page 132 STAT. 1611]]
``(15) support for the integration of employability skills
into career and technical education programs and programs of
study;
``(16) support for programs and activities that increase
access, student engagement, and success in science, technology,
engineering, and mathematics fields (including computer science,
coding, and architecture), support for the integration of arts
and design skills, and support for hands-on learning,
particularly for students who are members of groups
underrepresented in such subject fields, such as female
students, minority students, and students who are members of
special populations;
``(17) support for career and technical student
organizations, especially with respect to efforts to increase
the participation of students in nontraditional fields and
students who are members of special populations;
``(18) support for establishing and expanding work-based
learning opportunities that are aligned to career and technical
education programs and programs of study;
``(19) integrating and aligning programs of study and career
pathways;
``(20) supporting the use of career and technical education
programs and programs of study aligned with State, regional, or
local high-skill, high-wage, or in-demand industry sectors or
occupations identified by the State workforce development board
described in section 101 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111) or local workforce development
boards;
``(21) making all forms of instructional content widely
available, which may include use of open educational resources;
``(22) <<NOTE: Assessments.>> developing valid and reliable
assessments of competencies and technical skills and enhancing
data systems to collect and analyze data on secondary and
postsecondary academic and employment outcomes;
``(23) support for accelerated learning programs, as
described in section 4104(b)(3)(A)(i)(IV) of the Elementary and
Secondary Education Act of 1965, in the case of any such program
that is part of a career and technical education program of
study;
``(24) support for career academies to implement a
postsecondary education and workforce-ready curriculum at the
secondary education level that integrates rigorous academic,
technical, and employability contents through career and
technical education programs and programs of study that address
needs described in the comprehensive needs assessment under
section 134(c); and
``(25) other State leadership activities that improve career
and technical education.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (c); and
(5) in subsection (c), as redesignated by paragraph (4), by
striking the period at the end and inserting ``, unless
expressly authorized under subsection (a).''.
[[Page 132 STAT. 1612]]
PART C--LOCAL PROVISIONS
SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
(1) in subsection (a)(3)(B), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education'';
(2) in subsection (c)(2)(A)(ii), by inserting ``or programs
of study'' after ``technical education programs'';
(3) in subsection (g), by inserting ``and programs of
study'' after ``technical education programs''; and
(4) in subsection (h), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 132. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
Section 133 (20 U.S.C. 2353) is amended by inserting ``or programs
of study'' after ``career and technical education programs'' each place
the term appears.
SEC. 133. LOCAL APPLICATION FOR CAREER AND TECHNICAL EDUCATION
PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) in the section heading, by striking ``local plan'' and
inserting ``local application'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Local
Plan'' and inserting ``Local Application'';
(B) by striking ``submit a local plan'' and
inserting ``submit a local application''; and
(C) by striking ``Such local plan'' and inserting
``Such local application''; and
(3) by striking subsection (b) and inserting the following:
``(b) Contents.--The eligible agency shall determine the
requirements for local applications, except that each local application
shall contain--
``(1) a description of the results of the comprehensive
needs assessment conducted under subsection (c);
``(2) information on the career and technical education
course offerings and activities that the eligible recipient will
provide with funds under this part, which shall include not less
than 1 program of study approved by a State under section
124(b)(2), including--
``(A) how the results of the comprehensive needs
assessment described in subsection (c) informed the
selection of the specific career and technical education
programs and activities selected to be funded;
``(B) a description of any new programs of study the
eligible recipient will develop and submit to the State
for approval; and
``(C) how students, including students who are
members of special populations, will learn about their
school's career and technical education course offerings
and whether each course is part of a career and
technical education program of study;
``(3) a description of how the eligible recipient, in
collaboration with local workforce development boards and other
local
[[Page 132 STAT. 1613]]
workforce agencies, one-stop delivery systems described in
section 121(e)(2) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3151(e)(2)), and other partners, will provide--
``(A) career exploration and career development
coursework, activities, or services;
``(B) career information on employment opportunities
that incorporate the most up-to-date information on
high-skill, high-wage, or in-demand industry sectors or
occupations, as determined by the comprehensive needs
assessment described in subsection (c); and
``(C) an organized system of career guidance and
academic counseling to students before enrolling and
while participating in a career and technical education
program;
``(4) a description of how the eligible recipient will
improve the academic and technical skills of students
participating in career and technical education programs by
strengthening the academic and career and technical education
components of such programs through the integration of coherent
and rigorous content aligned with challenging academic standards
and relevant career and technical education programs to ensure
learning in the subjects that constitute a well-rounded
education (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965);
``(5) a description of how the eligible recipient will--
``(A) provide activities to prepare special
populations for high-skill, high-wage, or in-demand
industry sectors or occupations that will lead to self-
sufficiency;
``(B) prepare CTE participants for non-traditional
fields;
``(C) provide equal access for special populations
to career and technical education courses, programs, and
programs of study; and
``(D) ensure that members of special populations
will not be discriminated against on the basis of their
status as members of special populations;
``(6) a description of the work-based learning opportunities
that the eligible recipient will provide to students
participating in career and technical education programs and how
the recipient will work with representatives from employers to
develop or expand work-based learning opportunities for career
and technical education students, as applicable;
``(7) a description of how the eligible recipient will
provide students participating in career and technical education
programs with the opportunity to gain postsecondary credit while
still attending high school, such as through dual or concurrent
enrollment programs or early college high school, as
practicable;
``(8) a description of how the eligible recipient will
coordinate with the eligible agency and institutions of higher
education to support the recruitment, preparation, retention,
and training, including professional development, of teachers,
faculty, administrators, and specialized instructional support
personnel and paraprofessionals who meet applicable State
certification and licensure requirements (including any
requirements met through alternative routes to certification),
including individuals from groups underrepresented in the
teaching profession; and
[[Page 132 STAT. 1614]]
``(9) a description of how the eligible recipient will
address disparities or gaps in performance as described in
section 113(b)(3)(C)(ii)(II) in each of the plan years, and if
no meaningful progress has been achieved prior to the third
program year, a description of the additional actions such
recipient will take to eliminate those disparities or gaps.
``(c) Comprehensive Needs Assessment.--
``(1) <<NOTE: Assessments.>> In general.--To be eligible to
receive financial assistance under this part, an eligible
recipient shall--
``(A) conduct a comprehensive local needs assessment
related to career and technical education and include
the results of the needs assessment in the local
application submitted under subsection (a); and
``(B) <<NOTE: Deadline.>> not less than once every
2 years, update such comprehensive local needs
assessment.
``(2) Requirements.--The comprehensive local needs
assessment described in paragraph (1) shall include each of the
following:
``(A) <<NOTE: Evaluation.>> An evaluation of the
performance of the students served by the eligible
recipient with respect to State determined and local
levels of performance established pursuant to section
113, including an evaluation of performance for special
populations and each subgroup described in section
1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965.
``(B) A description of how career and technical
education programs offered by the eligible recipient
are--
``(i) sufficient in size, scope, and quality
to meet the needs of all students served by the
eligible recipient; and
``(ii)(I) aligned to State, regional, Tribal,
or local in-demand industry sectors or occupations
identified by the State workforce development
board described in section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111)
(referred to in this section as the `State board')
or local workforce development board, including
career pathways, where appropriate; or
``(II) designed to meet local education or
economic needs not identified by State boards or
local workforce development boards.
``(C) An evaluation of progress toward the
implementation of career and technical education
programs and programs of study.
``(D) A description of how the eligible recipient
will improve recruitment, retention, and training of
career and technical education teachers, faculty,
specialized instructional support personnel,
paraprofessionals, and career guidance and academic
counselors, including individuals in groups
underrepresented in such professions.
``(E) A description of progress toward
implementation of equal access to high-quality career
and technical education courses and programs of study
for all students, including--
``(i) strategies to overcome barriers that
result in lower rates of access to, or performance
gaps in, the courses and programs for special
populations;
[[Page 132 STAT. 1615]]
``(ii) providing programs that are designed to
enable special populations to meet the local
levels of performance; and
``(iii) providing activities to prepare
special populations for high-skill, high-wage, or
in-demand industry sectors or occupations in
competitive, integrated settings that will lead to
self-sufficiency.
``(d) <<NOTE: Assessment.>> Consultation.--In conducting the
comprehensive needs assessment under subsection (c), and developing the
local application described in subsection (b), an eligible recipient
shall involve a diverse body of stakeholders, including, at a minimum--
``(1) representatives of career and technical education
programs in a local educational agency or educational service
agency, including teachers, career guidance and academic
counselors, principals and other school leaders, administrators,
and specialized instructional support personnel and
paraprofessionals;
``(2) representatives of career and technical education
programs at postsecondary educational institutions, including
faculty and administrators;
``(3) representatives of the State board or local workforce
development boards and a range of local or regional businesses
or industries;
``(4) parents and students;
``(5) representatives of special populations;
``(6) representatives of regional or local agencies serving
out-of-school youth, homeless children and youth, and at-risk
youth (as defined in section 1432 of the Elementary and
Secondary Education Act of 1965);
``(7) representatives of Indian Tribes and Tribal
organizations in the State, where applicable; and
``(8) any other stakeholders that the eligible agency may
require the eligible recipient to consult.
``(e) Continued Consultation.--An eligible recipient receiving
financial assistance under this part shall consult with stakeholders
described in subsection (d) on an ongoing basis, as determined by the
eligible agency. This may include consultation in order to--
``(1) provide input on annual updates to the comprehensive
needs assessment required under subsection (c)(1)(B);
``(2) ensure programs of study are--
``(A) responsive to community employment needs;
``(B) aligned with employment priorities in the
State, regional, tribal, or local economy identified by
employers and the entities described in subsection (d),
which may include in-demand industry sectors or
occupations identified by the local workforce
development board;
``(C) informed by labor market information,
including information provided under section 15(e)(2)(C)
of the Wagner-Peyser Act (29 U.S.C. 491-2(e)(2)(C));
``(D) designed to meet current, intermediate, or
long-term labor market projections; and
``(E) allow employer input, including input from
industry or sector partnerships in the local area, where
applicable, into the development and implementation of
programs of study to ensure such programs of study align
with skills required by local employment opportunities,
[[Page 132 STAT. 1616]]
including activities such as the identification of
relevant standards, curriculum, industry-recognized
credentials, and current technology and equipment;
``(3) identify and encourage opportunities for work-based
learning; and
``(4) ensure funding under this part is used in a
coordinated manner with other local resources.''.
SEC. 134. LOCAL USES OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended to read as follows:
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that receives
funds under this part shall use such funds to develop, coordinate,
implement, or improve career and technical education programs to meet
the needs identified in the comprehensive needs assessment described in
section 134(c).
``(b) Requirements for Uses of Funds.--Funds made available to
eligible recipients under this part shall be used to support career and
technical education programs that are of sufficient size, scope, and
quality to be effective and that--
``(1) provide career exploration and career development
activities through an organized, systematic framework designed
to aid students, including in the middle grades, before
enrolling and while participating in a career and technical
education program, in making informed plans and decisions about
future education and career opportunities and programs of study,
which may include--
``(A) introductory courses or activities focused on
career exploration and career awareness, including non-
traditional fields;
``(B) readily available career and labor market
information, including information on--
``(i) occupational supply and demand;
``(ii) educational requirements;
``(iii) other information on careers aligned
to State, local, or Tribal (as applicable)
economic priorities; and
``(iv) employment sectors;
``(C) programs and activities related to the
development of student graduation and career plans;
``(D) career guidance and academic counselors that
provide information on postsecondary education and
career options;
``(E) any other activity that advances knowledge of
career opportunities and assists students in making
informed decisions about future education and employment
goals, including non-traditional fields; or
``(F) providing students with strong experience in,
and comprehensive understanding of, all aspects of an
industry;
``(2) provide professional development for teachers,
faculty, school leaders, administrators, specialized
instructional support personnel, career guidance and academic
counselors, or paraprofessionals, which may include--
``(A) professional development on supporting
individualized academic and career and technical
education instructional approaches, including the
integration of academic and career and technical
education standards and curricula;
[[Page 132 STAT. 1617]]
``(B) professional development on ensuring labor
market information is used to inform the programs,
guidance, and advisement offered to students, including
information provided under section 15(e)(2)(C) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)(2)(C));
``(C) providing teachers, faculty, school leaders,
administrators, specialized instructional support
personnel, career guidance and academic counselors, or
paraprofessionals, as appropriate, with opportunities to
advance knowledge, skills, and understanding of all
aspects of an industry, including the latest workplace
equipment, technologies, standards, and credentials;
``(D) supporting school leaders and administrators
in managing career and technical education programs in
the schools, institutions, or local educational agencies
of such school leaders or administrators;
``(E) supporting the implementation of strategies to
improve student achievement and close gaps in student
participation and performance in career and technical
education programs;
``(F) providing teachers, faculty, specialized
instructional support personnel, career guidance and
academic counselors, principals, school leaders, or
paraprofessionals, as appropriate, with opportunities to
advance knowledge, skills, and understanding in
pedagogical practices, including, to the extent the
eligible recipient determines that such evidence is
reasonably available, evidence-based pedagogical
practices;
``(G) training teachers, faculty, school leaders,
administrators, specialized instructional support
personnel, career guidance and academic counselors, or
paraprofessionals, as appropriate, to provide
appropriate accommodations for individuals with
disabilities, and students with disabilities who are
provided accommodations under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) or the Individuals with
Disabilities Education Act;
``(H) training teachers, faculty, specialized
instructional support personnel, career guidance and
academic counselors, and paraprofessionals in frameworks
to effectively teach students, including a particular
focus on students with disabilities and English
learners, which may include universal design for
learning, multi-tier systems of supports, and positive
behavioral interventions and support; or
``(I) training for the effective use of community
spaces that provide access to tools, technology, and
knowledge for learners and entrepreneurs, such as
makerspaces or libraries;
``(3) provide within career and technical education the
skills necessary to pursue careers in high-skill, high-wage, or
in-demand industry sectors or occupations;
``(4) support integration of academic skills into career and
technical education programs and programs of study to support--
``(A) CTE participants at the secondary school level
in meeting the challenging State academic standards
adopted under section 1111(b)(1) of the Elementary and
[[Page 132 STAT. 1618]]
Secondary Education Act of 1965 by the State in which
the eligible recipient is located; and
``(B) CTE participants at the postsecondary level in
achieving academic skills;
``(5) plan and carry out elements that support the
implementation of career and technical education programs and
programs of study and that result in increasing student
achievement of the local levels of performance established under
section 113, which may include--
``(A) a curriculum aligned with the requirements for
a program of study;
``(B) sustainable relationships among education,
business and industry, and other community stakeholders,
including industry or sector partnerships in the local
area, where applicable, that are designed to facilitate
the process of continuously updating and aligning
programs of study with skills that are in demand in the
State, regional, or local economy, and in collaboration
with business outreach staff in one-stop centers, as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), and other appropriate
organizations, including community-based and youth-
serving organizations;
``(C) where appropriate, expanding opportunities for
CTE concentrators to participate in accelerated learning
programs (as described in section 4104(b)(3)(A)(i)(IV)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7114(b)(3)(A)(i)(IV)), including dual or
concurrent enrollment programs, early college high
schools, and the development or implementation of
articulation agreements as part of a career and
technical education program of study;
``(D) appropriate equipment, technology, and
instructional materials (including support for library
resources) aligned with business and industry needs,
including machinery, testing equipment, tools,
implements, hardware and software, and other new and
emerging instructional materials;
``(E) a continuum of work-based learning
opportunities, including simulated work environments;
``(F) industry-recognized certification examinations
or other assessments leading toward a recognized
postsecondary credential;
``(G) efforts to recruit and retain career and
technical education program teachers, faculty, school
leaders, administrators, specialized instructional
support personnel, career guidance and academic
counselors, and paraprofessionals;
``(H) <<NOTE: Coordination.>> where applicable,
coordination with other education and workforce
development programs and initiatives, including career
pathways and sector partnerships developed under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101
et seq.) and other Federal laws and initiatives that
provide students with transition-related services,
including the Individuals with Disabilities Education
Act;
``(I) expanding opportunities for students to
participate in distance career and technical education
and blended-learning programs;
[[Page 132 STAT. 1619]]
``(J) expanding opportunities for students to
participate in competency-based education programs;
``(K) improving career guidance and academic
counseling programs that assist students in making
informed academic and career and technical education
decisions, including academic and financial aid
counseling;
``(L) supporting the integration of employability
skills into career and technical education programs and
programs of study, including through family and consumer
science programs;
``(M) supporting programs and activities that
increase access, student engagement, and success in
science, technology, engineering, and mathematics fields
(including computer science and architecture) for
students who are members of groups underrepresented in
such subject fields;
``(N) providing career and technical education, in a
school or other educational setting, for adults or out-
of-school youth to complete secondary school education
or upgrade technical skills;
``(O) supporting career and technical student
organizations, including student preparation for and
participation in technical skills competitions aligned
with career and technical education program standards
and curricula;
``(P) making all forms of instructional content
widely available, which may include use of open
educational resources;
``(Q) supporting the integration of arts and design
skills, when appropriate, into career and technical
education programs and programs of study;
``(R) partnering with a qualified intermediary to
improve training, the development of public-private
partnerships, systems development, capacity-building,
and scalability of the delivery of high-quality career
and technical education;
``(S) support to reduce or eliminate out-of-pocket
expenses for special populations participating in career
and technical education, including those participating
in dual or concurrent enrollment programs or early
college high school programs, and supporting the costs
associated with fees, transportation, child care, or
mobility challenges for those special populations; or
``(T) other activities to improve career and
technical education programs; and
``(6) <<NOTE: Assessment.>> develop and implement
evaluations of the activities carried out with funds under this
part, including evaluations necessary to complete the
comprehensive needs assessment required under section 134(c) and
the local report required under section 113(b)(4)(B).
``(c) Pooling Funds.--An eligible recipient may pool a portion of
funds received under this Act with a portion of funds received under
this Act available to one or more eligible recipients to support
implementation of programs of study through the activities described in
subsection (b)(2).
``(d) Administrative Costs.--Each eligible recipient receiving funds
under this part shall not use more than 5 percent of such funds for
costs associated with the administration of activities under this
section.''.
[[Page 132 STAT. 1620]]
TITLE II--GENERAL PROVISIONS
SEC. 201. FEDERAL AND STATE ADMINISTRATIVE PROVISIONS.
(a) In General.--The Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 311--
(A) in subsection (a), by striking ``and tech prep
program activities''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (A) to
read as follows:
``(A) In general.--Except as provided in
subparagraph (B), (C), or (D), in order for a State to
receive its full allotment of funds under this Act for
any fiscal year, the Secretary must find that the
State's fiscal effort per student, or the aggregate
expenditures of such State, with respect to career and
technical education for the preceding fiscal year was
not less than the fiscal effort per student, or the
aggregate expenditures of such State, for the second
preceding fiscal year.'';
(II) in subparagraph (B), by
striking ``shall exclude capital
expenditures, special 1-time project
costs, and the cost of pilot programs.''
and inserting ``shall, at the request of
the State, exclude competitive or
incentive-based programs established by
the State, capital expenditures, special
one-time project costs, and the cost of
pilot programs.''; and
(III) by adding at the end the
following:
``(D) Establishing the state baseline.--For purposes
of applying subparagraph (A) for years which require the
calculation of the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to
career and technical education for the first full fiscal
year following the date of enactment of the
Strengthening Career and Technical Education for the
21st Century Act, the State may determine the State's
fiscal effort per student, or aggregate expenditures of
such State, with respect to career and technical
education for such first full fiscal year by--
``(i) continuing to use the State's fiscal
effort per student, or aggregate expenditures of
such State, with respect to career and technical
education, as was in effect on the day before the
date of enactment of the Strengthening Career and
Technical Education for the 21st Century Act; or
``(ii) establishing a new level of fiscal
effort per student, or aggregate expenditures of
such State, with respect to career and technical
education, which is not less than 95 percent of
the State's fiscal effort per student, or the
aggregate expenditures of such State, with respect
to career and technical education for the
preceding fiscal year.'';
(ii) by striking paragraph (2) and inserting
the following:
``(2) Failure to meet.--
[[Page 132 STAT. 1621]]
``(A) In general.--The Secretary shall reduce the
amount of a State's allotment of funds under this Act
for any fiscal year in the exact proportion by which the
State fails to meet the requirement of paragraph (1) by
falling below the State's fiscal effort per student or
the State's aggregate expenditures (using the measure
most favorable to the State), if the State failed to
meet such requirement (as determined using the measure
most favorable to the State) for 1 or more of the 5
immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be
used for computing the effort required under paragraph
(1) for subsequent years.
``(3) Waiver.--The Secretary may waive paragraph (2) due to
exceptional or uncontrollable circumstances affecting the
ability of the State to meet the requirement of paragraph (1)
such as a natural disaster or an unforeseen and precipitous
decline in financial resources. No level of funding permitted
under such a waiver may be used as the basis for computing the
fiscal effort or aggregate expenditures required under this
section for years subsequent to the year covered by such waiver.
The fiscal effort or aggregate expenditures for the subsequent
years shall be computed on the basis of the level of funding
that would, but for such waiver, have been required.'';
(2) in section 314(1), by striking ``career path or major''
and inserting ``career pathway or program of study'';
(3) in section 315--
(A) by inserting ``or programs of study'' after
``career and technical education programs''; and
(B) by striking ``seventh grade'' and inserting
``the middle grades (as such term is defined in section
8101 of the Elementary and Secondary Education Act of
1965)'';
(4) in section 317(b)--
(A) in paragraph (1)--
(i) by inserting ``, including programs of
study,'' after ``activities''; and
(ii) by striking ``who reside in the
geographical area served by'' and inserting ``in
areas served by''; and
(B) in paragraph (2)--
(i) by striking ``the geographical area'' and
inserting ``areas''; and
(ii) by inserting ``, including programs of
study,'' after ``activities'';
(5) <<NOTE: 20 USC 2391-2398, 2411-2414. 20 USC 2391-
2398. 20 USC 2411-2414.>> by striking title II and
redesignating title III as title II;
(6) by redesignating sections 311 through 318, as amended by
this section, as sections 211 through 218, respectively;
(7) by redesignating sections 321 through 324 as sections
221 through 224, respectively; and
(8) by inserting after section 218 (as so redesignated) the
following:
``SEC. 219. <<NOTE: 20 USC 2399.>> STUDY ON PROGRAMS OF STUDY
ALIGNED TO HIGH-SKILL, HIGH-WAGE
OCCUPATIONS.
``(a) Scope of Study.--The Comptroller General of the United States
shall conduct a study to evaluate--
[[Page 132 STAT. 1622]]
``(1) the strategies, components, policies, and practices
used by eligible agencies or eligible recipients receiving
funding under this Act to successfully assist--
``(A) all students in pursuing and completing
programs of study aligned to high-skill, high-wage
occupations; and
``(B) any special population or specific subgroup of
students identified in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 in
pursuing and completing programs of study aligned to
high-skill, high-wage occupations in fields in which
such special population or subgroup is underrepresented;
and
``(2) any challenges associated with replication of such
strategies, components, policies, and practices.
``(b) Consultation.--In carrying out the study conducted under
subsection (a), the Comptroller General of the United States shall
consult with a geographically diverse (including urban, suburban, and
rural) representation of--
``(1) students and parents;
``(2) eligible agencies and eligible recipients;
``(3) teachers, faculty, specialized instructional support
personnel, and paraprofessionals, including those with expertise
in preparing career and technical education students for non-
traditional fields;
``(4) Indian Tribes and Tribal organizations;
``(5) special populations; and
``(6) representatives of business and industry.
``(c) Submission.--Upon completion, the Comptroller General of the
United States shall submit the study conducted under subsection (a) to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
(b) Conforming Amendment.--Section 8(a) (20 U.S.C. 2306a(a)) is
amended by striking ``311(b), and 323'' and inserting ``211(b), and
223''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)(2)) is
amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) <<NOTE: Consultation.>> consult with eligible
agencies (defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302)), State educational agencies, and local
educational agencies concerning the provision of
workforce and labor market information in order to--
``(i) meet the needs of secondary school and
postsecondary school students who seek such
information; and
``(ii) <<NOTE: Time period.>> annually inform
the development and implementation of programs of
study defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2302), and career pathways;'';
[[Page 132 STAT. 1623]]
(2) in subparagraph (G), by striking ``and'' after the
semicolon;
(3) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(I) provide, on an annual and timely basis to each
eligible agency (defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302)), the data and information described in
subparagraphs (A) and (B) of subsection (a)(1).''.
SEC. 302. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
(1) Section 1111(h)(1)(C)(xiv) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(xiv))
is amended by striking ``attaining career and technical
proficiencies (as defined by section 113(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2323(b)) and reported by States only in a manner consistent with
section 113(c) of such Act (20 U.S.C. 2323(c))'' and inserting
``meeting State determined levels of performance for core
indicators, as defined by section 113(b)(3)(A) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2323(b)(3)(A)), and reported by States only in a manner
consistent with section 113(b)(3)(C) of such Act (20 U.S.C.
2323(b)(3)(C))''.
(2) Section 6115(b)(6) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7425(b)(6)) is amended by
striking ``tech-prep education, mentoring,'' and inserting
``mentoring''.
(3) Section 6304(a)(3)(K) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7544(a)(3)(K)) is amended by
striking ``tech-prep,''.
SEC. 303. AMENDMENT TO THE WORKFORCE INNOVATION AND OPPORTUNITY
ACT.
Section 134(c)(2)(A)(vii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(vii)) is amended by striking
``school dropouts'' and inserting ``out-of-school youth''.
Approved July 31, 2018.
LEGISLATIVE HISTORY--H.R. 2353 (S. 3217):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 115-164 (Comm. on Education and the Workforce).
SENATE REPORTS: No. 115-434 (Comm. on Health, Education, Labor, and
Pensions) accompanying S. 3217.
CONGRESSIONAL RECORD:
Vol. 163 (2017):
June 22, considered and passed
House.
Vol. 164 (2018):
July 23, considered and passed
Senate, amended.
July 25, House concurred in Senate
amendment.
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