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Public Law 105-332, 105th Congress [TXT]

Carl D. Perkins Vocational and Applied Technology Education

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One Hundred Ninth Congress 
of the 
United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 

An Act 

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

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; AMENDMENT. 

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

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Carl D.
Perkins Career and Technical Education Act of 2006’. 

‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 

‘‘Sec. 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. 
‘‘Sec. 118. 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. Distribution of funds for postsecondary education programs. 
‘‘Sec. 133. Special rules for career and technical education.
‘‘Sec. 134. Local plan for career and technical education programs.
‘‘Sec. 135. Local uses of funds. 

‘‘TITLE II—TECH PREP EDUCATION 

‘‘Sec. 201. State allotment and application.
‘‘Sec. 202. Consolidation of funds. 
‘‘Sec. 203. Tech prep program.
‘‘Sec. 204. Consortium applications.
‘‘Sec. 205. Report.
‘‘Sec. 206. Authorization of appropriations. 

‘‘TITLE III—GENERAL PROVISIONS 

‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS 

‘‘Sec. 311. Fiscal requirements.
‘‘Sec. 312. Authority to make payments.
‘‘Sec. 313. Construction. 
‘‘Sec. 314. Voluntary selection and participation.
‘‘Sec. 315. Limitation for certain students. 
‘‘Sec. 316. Federal laws guaranteeing civil rights.
‘‘Sec. 317. Participation of private school personnel and children.
‘‘Sec. 318. Limitation on Federal regulations. 

‘‘PART B—STATE ADMINISTRATIVE PROVISIONS 

‘‘Sec. 321. Joint funding.

‘‘Sec. 322. Prohibition on use of funds to induce out-of-state relocation of businesses. 

‘‘Sec. 323. State administrative costs. 

‘‘Sec. 324. Student assistance and other Federal programs. 

‘‘SEC. 2. PURPOSE. 

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

‘‘SEC. 3. DEFINITIONS. 

‘‘Unless otherwise specified, in this Act: 

‘‘(1) ADMINISTRATION.—The term ‘administration’, when 
used with respect to an eligible agency or eligible recipient, 
means activities necessary for the proper and efficient performance 
of the eligible agency or eligible recipient’s duties under 
this Act, including the supervision of such activities. Such 
term does not include curriculum development activities, personnel 
development, or research activities. 

‘‘(2) ALL ASPECTS OF AN INDUSTRY.—The term ‘all aspects 
of an industry’ means strong experience in, and comprehensive 
understanding of, the industry that the individual is preparing 
to enter, including information as described in section 118. 

‘‘(3) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.— 
The term ‘area career and technical education school’ means— 

‘‘(A) a specialized public secondary school used exclusively 
or principally for the provision of career and technical 
education to individuals who are available for study in 
preparation for entering the labor market; 

‘‘(B) the department of a public secondary school exclusively 
or principally used for providing career and technical 
education in not fewer than 5 different occupational fields 
to individuals who are available for study in preparation 
for entering the labor market; 

‘‘(C) a public or nonprofit technical institution or career 
and technical education school used exclusively or principally 
for the provision of career and technical education 
to individuals who have completed or left secondary school 
and who are available for study in preparation for entering 
the labor market, if the institution or school admits, as 
regular students, individuals who have completed secondary 
school and individuals who have left secondary 
school; or 

‘‘(D) the department or division of an institution of 
higher education, that operates under the policies of the 
eligible agency and that provides career and technical education 
in not fewer than 5 different occupational fields 
leading to immediate employment but not necessarily 
leading to a baccalaureate degree, if the department or 
division admits, as regular students, both individuals who 
have completed secondary school and individuals who have 
left secondary school. 
‘‘(4) ARTICULATION AGREEMENT.—The term ‘articulation 
agreement’ means a written commitment— 

‘‘(A) that is agreed upon at the State level or approved 
annually by the lead administrators of— 
‘‘(i) a secondary institution and a postsecondary 
educational institution; or 
‘‘(ii) a subbaccalaureate degree granting postsecondary 
educational institution and a baccalaureate 
degree granting postsecondary educational institution; 
and 

‘‘(B) to a program that is— 
‘‘(i) designed to provide students with a non-
duplicative sequence of progressive achievement 
leading to technical skill proficiency, a credential, a 
certificate, or a degree; and 
‘‘(ii) linked through credit transfer agreements 
between the 2 institutions described in clause (i) or 
(ii) of subparagraph (A) (as the case may be). 
‘‘(5) CAREER AND TECHNICAL EDUCATION.—The term ‘career 
and technical education’ means organized educational activities 
that— 

‘‘(A) offer a sequence of courses that— 

‘‘(i) provides individuals with coherent and rigorous 
content aligned with challenging academic standards 
and relevant technical knowledge and skills needed 
to prepare for further education and careers in current 
or emerging professions; 

‘‘(ii) provides technical skill proficiency, an 
industry-recognized credential, a certificate, or an associate 
degree; and 

‘‘(iii) may include prerequisite courses (other than 
a remedial course) that meet the requirements of this 
subparagraph; and 
‘‘(B) include competency-based applied learning that 
contributes to the academic knowledge, higher-order reasoning 
and problem-solving skills, work attitudes, general 
employability skills, technical skills, and occupation-specific 
skills, and knowledge of all aspects of an industry, 
including entrepreneurship, of an individual. 
‘‘(6) CAREER AND TECHNICAL STUDENT ORGANIZATION.— 

‘‘(A) IN GENERAL.—The term ‘career and technical student 
organization’ means an organization for individuals 
enrolled in a career and technical education program that 
engages in career and technical education activities as 
an integral part of the instructional program. 

‘‘(B) STATE AND NATIONAL UNITS.—An organization 
described in subparagraph (A) may have State and national 
units that aggregate the work and purposes of instruction 
in career and technical education at the local level. 
‘‘(7) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The 
term ‘career guidance and academic counseling’ means guidance 
and counseling that— 

‘‘(A) provides access for students (and parents, as 
appropriate) to information regarding career awareness and 
planning with respect to an individual’s occupational and 
academic future; and 

‘‘(B) provides information with respect to career 
options, financial aid, and postsecondary options, including 
baccalaureate degree programs. 
‘‘(8) CHARTER SCHOOL.—The term ‘charter school’ has the 
meaning given the term in section 5210 of the Elementary 
and Secondary Education Act of 1965. 

‘‘(9) COOPERATIVE EDUCATION.—The term ‘cooperative education’ 
means a method of education for individuals who, 
through written cooperative arrangements between a school 
and employers, receive instruction, including required rigorous 
and challenging academic courses and related career and technical 
education instruction, by alternation of study in school 
with a job in any occupational field, which alternation— 

‘‘(A) shall be planned and supervised by the school 
and employer so that each contributes to the education 
and employability of the individual; and 

‘‘(B) may include an arrangement in which work 
periods and school attendance may be on alternate half 
days, full days, weeks, or other periods of time in fulfilling 
the cooperative program. 
‘‘(10) DISPLACED HOMEMAKER.—The term ‘displaced home
maker’ means an individual who— 

‘‘(A)(i) has worked primarily without remuneration to 
care for a home and family, and for that reason has diminished 
marketable skills; 

‘‘(ii) has been dependent on the income of another 
family member but is no longer supported by that income; 
or 

‘‘(iii) is a parent whose youngest dependent child will 
become ineligible to receive assistance under part A of 
title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
not later than 2 years after the date on which the parent 
applies for assistance under such title; and 

‘‘(B) is unemployed or underemployed and is experiencing 
difficulty in obtaining or upgrading employment. 
‘‘(11) EDUCATIONAL SERVICE AGENCY.—The term ‘edu
cational service agency’ has the meaning given the term in 
section 9101 of the Elementary and Secondary Education Act 
of 1965. 

‘‘(12) ELIGIBLE AGENCY.—The term ‘eligible agency’ means 
a State board designated or created consistent with State law 
as the sole State agency responsible for the administration 
of career and technical education in the State or for the supervision 
of the administration of career and technical education 
in the State. 

‘‘(13) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means— 

‘‘(A) a public or nonprofit private institution of higher 
education that offers career and technical education courses 
that lead to technical skill proficiency, an industry-recognized 
credential, a certificate, or a degree; 

‘‘(B) a local educational agency providing education 
at the postsecondary level; 
‘‘(C) an area career and technical education school providing 
education at the postsecondary level; 

‘‘(D) a postsecondary educational institution controlled 
by the Bureau of Indian Affairs or operated by or on 
behalf of any Indian tribe that is eligible to contract with 
the Secretary of the Interior for the administration of programs 
under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) or the Act of April 
16, 1934 (25 U.S.C. 452 et seq.); 

‘‘(E) an educational service agency; or 

‘‘(F) a consortium of 2 or more of the entities described 
in subparagraphs (A) through (E). 
‘‘(14) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’ 
means— 

‘‘(A) a local educational agency (including a public 
charter school that operates as a local educational agency), 
an area career and technical education school, an educational 
service agency, or a consortium, eligible to receive 
assistance under section 131; or 

‘‘(B) an eligible institution or consortium of eligible 
institutions eligible to receive assistance under section 132. 
‘‘(15) GOVERNOR.—The term ‘Governor’ means the chief 
executive officer of a State. 

‘‘(16) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—The 
term ‘individual with limited English proficiency’ means a secondary 
school student, an adult, or an out-of-school youth, 
who has limited ability in speaking, reading, writing, or understanding 
the English language, and— 

‘‘(A) whose native language is a language other than 
English; or 

‘‘(B) who lives in a family or community environment 
in which a language other than English is the dominant 
language. 
‘‘(17) INDIVIDUAL WITH A DISABILITY.— 

‘‘(A) IN GENERAL.—The term ‘individual with a disability’ 
means an individual with any disability (as defined 
in section 3 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102)). 

‘‘(B) INDIVIDUALS WITH DISABILITIES.—The term 
‘individuals with disabilities’ means more than 1 individual 
with a disability. 
‘‘(18) INSTITUTION OF HIGHER EDUCATION.—The term 
‘institution of higher education’ has the meaning given the 
term in section 101 of the Higher Education Act of 1965. 

‘‘(19) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational 
agency’ has the meaning given the term in section 
9101 of the Elementary and Secondary Education Act of 1965. 

‘‘(20) NON-TRADITIONAL FIELDS.—The term ‘non-traditional 
fields’ means occupations or fields of work, including careers 
in computer science, technology, and other current and 
emerging high skill occupations, for which individuals from 
one gender comprise less than 25 percent of the individuals 
employed in each such occupation or field of work. 

‘‘(21) OUTLYING AREA.—The term ‘outlying area’ means the 
United States Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the 
Republic of Palau. 

‘‘(22) POSTSECONDARY EDUCATIONAL INSTITUTION.—The 
term ‘postsecondary educational institution’ means— 

‘‘(A) an institution of higher education that provides 
not less than a 2-year program of instruction that is acceptable 
for credit toward a bachelor’s degree; 

‘‘(B) a tribally controlled college or university; or 

‘‘(C) a nonprofit educational institution offering certificate 
or apprenticeship programs at the postsecondary level. 
‘‘(23) POSTSECONDARY EDUCATION TECH PREP STUDENT.— 

The term ‘postsecondary education tech prep student’ means 
a student who— 
‘‘(A) has completed the secondary education component 
of a tech prep program; and 

‘‘(B) has enrolled in the postsecondary education 
component of a tech prep program at an institution of 
higher education described in clause (i) or (ii) of section 
203(a)(1)(B). 

‘‘(24) SCHOOL DROPOUT.—The term ‘school dropout’ means 
an individual who is no longer attending any school and who 
has not received a secondary school diploma or its recognized 
equivalent. 

‘‘(25) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically 
based research’ means research that is carried out using 
scientifically based research standards, as defined in section 
102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 
9501). 

‘‘(26) SECONDARY EDUCATION TECH PREP STUDENT.—The 
term ‘secondary education tech prep student’ means a secondary 
education student who has enrolled in 2 courses in the secondary 
education component of a tech prep program. 

‘‘(27) SECONDARY SCHOOL.—The term ‘secondary school’ has 
the meaning given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965. 

‘‘(28) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Education. 

‘‘(29) SPECIAL POPULATIONS.—The term ‘special populations’ 
means— 

‘‘(A) individuals with disabilities; 

‘‘(B) individuals from economically disadvantaged fami
lies, including foster children; 

‘‘(C) individuals preparing for non-traditional fields; 

‘‘(D) single parents, including single pregnant women; 

‘‘(E) displaced homemakers; and 

‘‘(F) individuals with limited English proficiency. 

‘‘(30) STATE.—The term ‘State’, unless otherwise specified, 
means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, and 
each outlying area. 

‘‘(31) SUPPORT SERVICES.—The term ‘support services’ 
means services related to curriculum modification, equipment 
modification, classroom modification, supportive personnel, and 
instructional aids and devices. 

‘‘(32) TECH PREP PROGRAM.—The term ‘tech prep program’ 
means a tech prep program described in section 203(c). 

‘‘(33) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The 
term ‘tribally controlled college or university’ has the meaning 
given the term in section 2(a) of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801(a)). 

‘‘(34) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
TECHNICAL INSTITUTION.—The term ‘tribally controlled postsecondary 
career and technical institution’ means an institution 
of higher education (as defined in section 101 of the Higher 
Education Act of 1965, except that subsection (a)(2) of such 
section shall not be applicable and the reference to Secretary 
in subsection (a)(5) of such section shall be deemed to refer 
to the Secretary of the Interior) that— 

‘‘(A) is formally controlled, or has been formally sanc
tioned or chartered, by the governing body of an Indian
tribe or Indian tribes; 

‘‘(B) offers a technical degree or certificate granting 
program; 

‘‘(C) is governed by a board of directors or trustees, 
a majority of whom are Indians; 

‘‘(D) demonstrates adherence to stated goals, a philos
ophy, or a plan of operation, that fosters individual Indian 
economic and self-sufficiency opportunity, including pro
grams that are appropriate to stated tribal goals of devel
oping individual entrepreneurships and self-sustaining eco
nomic infrastructures on reservations; 

‘‘(E) has been in operation for at least 3 years; 

‘‘(F) holds accreditation with or is a candidate for 
accreditation by a nationally recognized accrediting 
authority for postsecondary career and technical education; 
and 

‘‘(G) enrolls the full-time equivalent of not less than 
100 students, of whom a majority are Indians. 

‘‘SEC. 4. TRANSITION PROVISIONS. 

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

D. Perkins Career and Technical Education Improvement Act of 
2006. 
‘‘SEC. 5. PRIVACY. 

‘‘(a) GEPA.—Nothing in this Act shall be construed to supersede 
the privacy protections afforded parents and students under section 
444 of the General Education Provisions Act (20 U.S.C. 1232g). 

‘‘(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.— 
Nothing in this Act shall be construed to permit the development 
of a national database of personally identifiable information on 
individuals receiving services under this Act. 

‘‘SEC. 6. LIMITATION. 

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

‘‘SEC. 7. SPECIAL RULE. 

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

‘‘SEC. 8. PROHIBITIONS. 

‘‘(a) LOCAL CONTROL.—Nothing in this Act shall be construed 
to authorize an officer or employee of the Federal Government 
to mandate, direct, or control a State, local educational agency, 
or school’s curriculum, program of instruction, or allocation of State 
or local resources, or mandate a State or any subdivision thereof 
to spend any funds or incur any costs not paid for under this 
Act, except as required under sections 112(b), 311(b), and 323. 

‘‘(b) NO PRECLUSION OF OTHER ASSISTANCE.—Any State that 
declines to submit an application to the Secretary for assistance 
under this Act shall not be precluded from applying for assistance 
under any other program administered by the Secretary. 

‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION 
OF STANDARDS.—Notwithstanding any other provision of 
Federal law, no State shall be required to have academic and 
career and technical content standards or student academic and 
career and technical achievement standards approved or certified 
by the Federal Government, in order to receive assistance under 
this Act. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to affect the requirements under section 113. 

‘‘(e) COHERENT AND RIGOROUS CONTENT.—For the purposes of 
this Act, coherent and rigorous content shall be determined by 
the State consistent with section 1111(b)(1)(D) of the Elementary 
and Secondary Education Act of 1965. 

‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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

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

‘‘PART A—ALLOTMENT AND ALLOCATION 

‘‘SEC. 111. RESERVATIONS AND STATE ALLOTMENT. 

‘‘(a) RESERVATIONS AND STATE ALLOTMENT.— 
‘‘(1) RESERVATIONS.—From the sum appropriated under sec
tion 9 for each fiscal year, the Secretary shall reserve— 
‘‘(A) 0.13 percent to carry out section 115; and 
‘‘(B) 1.50 percent to carry out section 116, of which— 

‘‘(i) 1.25 percent of the sum shall be available 
to carry out section 116(b); and 
‘‘(ii) 0.25 percent of the sum shall be available 
to carry out section 116(h). 

‘‘(2) STATE ALLOTMENT FORMULA.—Subject to paragraphs 
(3), (4), and (5), from the remainder of the sum appropriated 
under section 9 and not reserved under paragraph (1) for a 
fiscal year, the Secretary shall allot to a State for the fiscal 
year— 

‘‘(A) an amount that bears the same ratio to 50 percent 
of the sum being allotted as the product of the population 
aged 15 to 19 inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
made and the State’s allotment ratio bears to the sum 
of the corresponding products for all the States; 

‘‘(B) an amount that bears the same ratio to 20 percent 
of the sum being allotted as the product of the population 
aged 20 to 24, inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
made and the State’s allotment ratio bears to the sum 
of the corresponding products for all the States; 

‘‘(C) an amount that bears the same ratio to 15 percent 
of the sum being allotted as the product of the population 
aged 25 to 65, inclusive, in the State in the fiscal year 
preceding the fiscal year for which the determination is 
made and the State’s allotment ratio bears to the sum 
of the corresponding products for all the States; and 

‘‘(D) an amount that bears the same ratio to 15 percent 
of the sum being allotted as the amounts allotted to the
State under subparagraphs (A), (B), and (C) for such years 
bears to the sum of the amounts allotted to all the States 
under subparagraphs (A), (B), and (C) for such year. 

‘‘(3) MINIMUM ALLOTMENT FOR YEARS WITH NO ADDITIONAL 
FUNDS.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provision 
of law and subject to subparagraphs (B) and (C), 
and paragraph (5), for a fiscal year for which there are 
no additional funds (as such term is defined in paragraph 
(4)(D)), no State shall receive for such fiscal year under 
this subsection less than 1/2 of 1 percent of the amount 
appropriated under section 9 and not reserved under paragraph 
(1) for such fiscal year. Amounts necessary for 
increasing such payments to States to comply with the 
preceding sentence shall be obtained by ratably reducing 
the amounts to be paid to other States. 
‘‘(B) REQUIREMENT.—No State, by reason of the application 
of subparagraph (A), shall receive for a fiscal year 
more than 150 percent of the amount the State received 
under this subsection for the preceding fiscal year. 
‘‘(C) SPECIAL RULE.— 
‘‘(i) IN GENERAL.—Subject to paragraph (5), no 
State, by reason of the application of subparagraph 
(A), shall be allotted for a fiscal year more than the 
lesser of— 
‘‘(I) 150 percent of the amount that the State 
received in the preceding fiscal year; and 
‘‘(II) the amount calculated under clause (ii). 
‘‘(ii) AMOUNT.—The amount calculated under this 
clause shall be determined by multiplying— 
‘‘(I) the number of individuals in the State 
counted under paragraph (2) in the preceding fiscal 
year; by 
‘‘(II) 150 percent of the national average per 
pupil payment made with funds available under 
this section for that year. 
‘‘(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL 
FUNDS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 
paragraph (5), for a fiscal year for which there are additional 
funds, no State shall receive for such fiscal year 
under this subsection less than 1/2 of 1 percent of the 
amount appropriated under section 9 and not reserved 
under paragraph (1) for such fiscal year. Amounts 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 amount appropriated 
under section 9 and not reserved under paragraph 
(1) for such fiscal year; and 
‘‘(ii) the sum of— 
‘‘(I) the amount the qualifying State was 
allotted under paragraph (2) for fiscal year 2006 
(as such paragraph was in effect on the day before 
the date of enactment of the Carl D. Perkins 
Career and Technical Education Improvement Act 
of 2006); and 

‘‘(II) the product of— 
‘‘(aa) 1/3 of the additional funds; multiplied 
by 
‘‘(bb) the quotient of— 

‘‘(AA) the qualifying State’s ratio 
described in subparagraph (C) for the 
fiscal year for which the determination 
is made; divided by 

‘‘(BB) the sum of all such ratios for 
all qualifying States for the fiscal year 
for which the determination is made. 

‘‘(C) RATIO.—For purposes of subparagraph 
(B)(ii)(II)(bb)(AA), the ratio for a qualifying State for a 
fiscal year shall be 1.00 less the quotient of— 

‘‘(i) the amount the qualifying State was allotted 
under paragraph (2) for fiscal year 2006 (as such paragraph 
was in effect on the day before the date of 
enactment of the Carl D. Perkins Career and Technical 
Education Improvement Act of 2006); divided by 

‘‘(ii) 1/2 of 1 percent of the amount appropriated 
under section 9 and not reserved under paragraph 
(1) for the fiscal year for which the determination 
is made. 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) ADDITIONAL FUNDS.—The term ‘additional 
funds’ means the amount by which— 

‘‘(I) the sum appropriated under section 9 and 
not reserved under paragraph (1) for a fiscal year; 
exceeds 

‘‘(II) the sum of— 
‘‘(aa) the amount allotted under paragraph 

(2) for fiscal year 2006 (as such paragraph 
(2) was in effect on the day before the date 
of enactment of the Carl D. Perkins Career 
and Technical Education Improvement Act of 
2006); 
‘‘(bb) the amount reserved under paragraph 
(1)(C) for fiscal year 2006 (as such paragraph 
(1)(C) was so in effect); and 
‘‘(cc) $827,671. 
‘‘(ii) QUALIFYING STATE.—The term ‘qualifying 
State’ means a State (except the United States Virgin 
Islands) that, for the fiscal year for which a determination 
under this paragraph is made, would receive, 
under the allotment formula under paragraph (2) 
(without the application of this paragraph and paragraphs 
(3) and (5)), an amount that would be less 
than the amount the State would receive under 
subparagraph (A) for such fiscal year. 

‘‘(5) HOLD HARMLESS.— 

‘‘(A) IN GENERAL.—No State shall receive an allotment 
under this section for a fiscal year that is less than the 
allotment the State received under part A of title I of 
the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2311 et seq.) (as such part was 
in effect on the day before the date of enactment of the 
Carl D. Perkins Vocational and Applied Technology Education 
Amendments of 1998) for fiscal year 1998. 

‘‘(B) RATABLE REDUCTION.—If for any fiscal year the 
amount appropriated for allotments under this section is 
insufficient to satisfy the provisions of subparagraph (A), 
the payments to all States under such subparagraph shall 
be ratably reduced. 

‘‘(b) REALLOTMENT.—If the Secretary determines that any 
amount of any State’s allotment under subsection (a) for any fiscal 
year will not be required for such fiscal year for carrying out 
the activities for which such amount has been allotted, the Secretary 
shall make such amount available for reallotment. Any such 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) 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. 112. WITHIN STATE ALLOCATION. 

‘‘(a) IN GENERAL.—From the amount allotted to each State 
under section 111 for a fiscal year, the eligible agency shall make 
available— 

‘‘(1) not less than 85 percent for distribution under section 
131 or 132, of which not more than 10 percent of the 85 
percent may be used in accordance with subsection (c); 

‘‘(2) not more than 10 percent to carry out State leadership 
activities described in section 124, of which— 

‘‘(A) an amount equal to not more than 1 percent 
of the amount allotted to the State under section 111 
for the fiscal year shall be made available to serve individuals 
in State institutions, such as State correctional institutions 
and institutions that serve individuals with disabilities; 
and 

‘‘(B) not less than $60,000 and not more than $150,000 
shall be available for services that prepare individuals 
for non-traditional fields; and 
‘‘(3) an amount equal to not more than 5 percent, or 
$250,000, whichever is greater, for administration of the State 
plan, which may be used for the costs of— 
‘‘(A) developing the State plan; 
‘‘(B) reviewing a local plan; 
‘‘(C) monitoring and evaluating program effectiveness; 
‘‘(D) assuring compliance with all applicable Federal laws; 
‘‘(E) providing technical assistance; and 
‘‘(F) supporting and developing State data systems rel
evant to the provisions of this Act. 

‘‘(b) MATCHING REQUIREMENT.—Each eligible agency receiving 
funds made available under subsection (a)(3) shall match, from 
non-Federal sources and on a dollar-for-dollar basis, the funds 
received under subsection (a)(3). 

‘‘(c) RESERVE.—From amounts made available under subsection 
(a)(1) to carry out this subsection, an eligible agency may award 
grants to eligible recipients for career and technical education activities 
described in section 135 in— 

‘‘(1) rural areas; 
‘‘(2) areas with high percentages of career and technical 
education students; and 
‘‘(3) areas with high numbers of career and technical education 
students. 

‘‘SEC. 113. ACCOUNTABILITY. 

‘‘(a) PURPOSE.—The purpose of this section is to establish and 
support State and local performance accountability systems, com
prised of the activities described in this section, to assess the 
effectiveness of the State and the eligible recipients of the State 
in achieving statewide progress in career and technical education, 
and to optimize the return of investment of Federal funds in career 
and technical education activities. 
‘‘(b) STATE PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—Each eligible agency, with input from 
eligible recipients, shall establish performance measures for 
a State that consist of— 
‘‘(A) the core indicators of performance described in 
subparagraphs (A) and (B) of paragraph (2); 
‘‘(B) any additional indicators of performance (if any) 
identified by the eligible agency under paragraph (2)(C); 
and 
‘‘(C) a State adjusted level of performance described 
in paragraph (3)(A) for each core indicator of performance, 
and State levels of performance described in paragraph 
(3)(B) for each additional indicator of performance. 
‘‘(2) INDICATORS OF PERFORMANCE.— 
‘‘(A) CORE INDICATORS OF PERFORMANCE FOR CAREER 
AND TECHNICAL EDUCATION STUDENTS AT THE SECONDARY 
LEVEL.—Each eligible agency shall identify in the State 
plan core indicators of performance for career and technical 
education students at the secondary level that are valid 
and reliable, and that include, at a minimum, measures 
of each of the following: 
‘‘(i) Student attainment of challenging academic 
content standards and student academic achievement 
standards, as adopted by a State in accordance with 
section 1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 and measured by the State 
determined proficient levels on the academic assessments 
described in section 1111(b)(3) of such Act. 
‘‘(ii) Student attainment of career and technical 
skill proficiencies, including student achievement on 
technical assessments, that are aligned with industry-
recognized standards, if available and appropriate. 
‘‘(iii) Student rates of attainment of each of the 
following: 
‘‘(I) A secondary school diploma. 
‘‘(II) A General Education Development (GED) 
credential, or other State-recognized equivalent 
(including recognized alternative standards for 
individuals with disabilities). 
‘‘(III) A proficiency credential, certificate, or 
degree, in conjunction with a secondary school 
diploma (if such credential, certificate, or degree 
is offered by the State in conjunction with a secondary 
school diploma). 
‘‘(iv) Student graduation rates (as described in section 
1111(b)(2)(C)(vi) of the Elementary and Secondary 
Education Act of 1965). 
‘‘(v) Student placement in postsecondary education 
or advanced training, in military service, or in employment. 
‘‘(vi) Student participation in and completion of 
career and technical education programs that lead to 
non-traditional fields. 

‘‘(B) CORE INDICATORS OF PERFORMANCE FOR CAREER 
AND TECHNICAL EDUCATION STUDENTS AT THE POSTSECONDARY 
LEVEL.—Each eligible agency shall identify in the 
State plan core indicators of performance for career and 
technical education students at the postsecondary level 
that are valid and reliable, and that include, at a minimum, 
measures of each of the following: 
‘‘(i) Student attainment of challenging career and 
technical skill proficiencies, including student achievement 
on technical assessments, that are aligned with 
industry-recognized standards, if available and appropriate. 
‘‘(ii) Student attainment of an industry-recognized 
credential, a certificate, or a degree. 
‘‘(iii) Student retention in postsecondary education 
or transfer to a baccalaureate degree program. 
‘‘(iv) Student placement in military service or 
apprenticeship programs or placement or retention in 
employment, including placement in high skill, high 
wage, or high demand occupations or professions. 
‘‘(v) Student participation in, and completion of, 
career and technical education programs that lead to 
employment in non-traditional fields. 

‘‘(C) ADDITIONAL INDICATORS OF PERFORMANCE.—An 
eligible agency, with input from eligible recipients, may 
identify in the State plan additional indicators of performance 
for career and technical education activities authorized 
under this title, such as attainment of self-sufficiency. 

‘‘(D) EXISTING INDICATORS.—If a State has developed, 
prior to the date of enactment of the Carl D. Perkins 
Career and Technical Education Improvement Act of 2006, 
State career and technical education performance measures 
that meet the requirements of this section (as amended 
by such Act), the State may use such performance measures 
to measure the progress of career and technical education 
students. 

‘‘(E) STATE ROLE.—Indicators of performance described 
in this paragraph shall be established solely by each eligible 
agency with input from eligible recipients. 

‘‘(F) ALIGNMENT OF PERFORMANCE INDICATORS.—In the 
course of developing core indicators of performance and 
additional indicators of performance, an eligible agency 
shall, to the greatest extent possible, align the indicators 
so that substantially similar information gathered for other 
State and Federal programs, or for any other purpose, 
is used to meet the requirements of this section. 

‘‘(3) STATE LEVELS OF PERFORMANCE.— 

‘‘(A) STATE ADJUSTED LEVELS OF PERFORMANCE FOR 
CORE INDICATORS OF PERFORMANCE.— 
‘‘(i) IN GENERAL.—Each eligible agency, with input 
from eligible recipients, shall establish in the State 
plan submitted under section 122, levels of performance 
for each of the core indicators of performance 
described in subparagraphs (A) and (B) of paragraph 

(2) for career and technical education activities authorized 
under this title. The levels of performance established 
under this subparagraph shall, at a minimum— 
‘‘(I) be expressed in a percentage or numerical 
form, so as to be objective, quantifiable, and measurable; 
and 

‘‘(II) require the State to continually make 
progress toward improving the performance of 
career and technical education students. 

‘‘(ii) IDENTIFICATION IN THE STATE PLAN.—Subject 
to section 4, each eligible agency shall identify, in 
the State plan submitted under section 122, levels 
of performance for each of the core indicators of 
performance for the first 2 program years covered by 
the State plan. 

‘‘(iii) AGREEMENT ON STATE ADJUSTED LEVELS OF 
PERFORMANCE FOR FIRST 2 YEARS.—The Secretary and 
each eligible agency shall reach agreement on the 
levels of performance for each of the core indicators 
of performance, for the first 2 program years covered 
by the State plan, taking into account the levels identified 
in the State plan under clause (ii) and the factors 
described in clause (vi). The levels of performance 
agreed to under this clause shall be considered to 
be the State adjusted level of performance for the 
State for such years and shall be incorporated into 
the State plan prior to the approval of such plan. 

‘‘(iv) ROLE OF THE SECRETARY.—The role of the 
Secretary in the agreement described in clauses (iii) 
and (v) is limited to reaching agreement on the percentage 
or number of students who attain the State 
adjusted levels of performance. 

‘‘(v) AGREEMENT ON STATE ADJUSTED LEVELS OF 
PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the 
third and fifth program years covered by the State 
plan, the Secretary and each eligible agency shall reach 
agreement on the State adjusted levels of performance 
for each of the core indicators of performance for the 
corresponding subsequent program years covered by 
the State plan, taking into account the factors 
described in clause (vi). The State adjusted levels of 
performance agreed to under this clause shall be 
considered to be the State adjusted levels of performance 
for the State for such years and shall be incorporated 
into the State plan. 

‘‘(vi) FACTORS.—The agreement described in clause 
(iii) or (v) shall take into account— 
‘‘(I) how the levels of performance involved 
compare with the State adjusted levels of performance 
established for other States, taking into 
account factors including the characteristics of 
participants when the participants entered the program 
and the services or instruction to be provided; 
and 

‘‘(II) the extent to which such levels of performance 
promote continuous improvement on the 
indicators of performance by such State. 
‘‘(vii) REVISIONS.—If unanticipated circumstances 
arise in a State resulting in a significant change in 
the factors described in clause (vi), the eligible agency 
may request that the State adjusted levels of performance 
agreed to under clause (iii) or (v) be revised. 
The Secretary shall issue objective criteria and 
methods for making such revisions. 
‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICA-
TORS.—Each eligible agency shall identify in the State plan 
State levels of performance for each of the additional indica
tors of performance described in paragraph (2)(C). Such 
levels shall be considered to be the State levels of perform
ance for purposes of this title. 

‘‘(4) LOCAL LEVELS OF PERFORMANCE.— 
‘‘(A) LOCAL ADJUSTED LEVELS OF PERFORMANCE FOR 
CORE INDICATORS OF PERFORMANCE.— 
‘‘(i) IN GENERAL.—Each eligible recipient shall 
agree to accept the State adjusted levels of performance 
established under paragraph (3) as local adjusted levels 
of performances, or negotiate with the State to reach 
agreement on new local adjusted levels of performance, 
for each of the core indicators of performance described 
in subparagraphs (A) and (B) of paragraph (2) for 
career and technical education activities authorized 
under this title. The levels of performance established 
under this subparagraph shall, at a minimum— 
‘‘(I) be expressed in a percentage or numerical 
form, consistent with the State levels of performance 
established under paragraph (3), so as to 
be objective, quantifiable, and measurable; and 
‘‘(II) require the eligible recipient to continually 
make progress toward improving the 
performance of career and technical education students. 
‘‘(ii) IDENTIFICATION IN THE LOCAL PLAN.—Each 
eligible recipient shall identify, in the local plan submitted 
under section 134, levels of performance for 
each of the core indicators of performance for the first 
2 program years covered by the local plan. 
‘‘(iii) AGREEMENT ON LOCAL ADJUSTED LEVELS OF 
PERFORMANCE FOR FIRST 2 YEARS.—The eligible agency 
and each eligible recipient shall reach agreement, as 
described in clause (i), on the eligible recipient’s levels 
of performance for each of the core indicators of 
performance for the first 2 program years covered by 
the local plan, taking into account the levels identified 
in the local plan under clause (ii) and the factors 
described in clause (v). The levels of performance 
agreed to under this clause shall be considered to 
be the local adjusted levels of performance for the 
eligible recipient for such years and shall be incorporated 
into the local plan prior to the approval of 
such plan. 

‘‘(iv) AGREEMENT ON LOCAL ADJUSTED LEVELS OF 
PERFORMANCE FOR SUBSEQUENT YEARS.—Prior to the 
third and fifth program years covered by the local 
plan, the eligible agency and each eligible recipient 
shall reach agreement on the local adjusted levels of 
performance for each of the core indicators of performance 
for the corresponding subsequent program years 
covered by the local plan, taking into account the factors 
described in clause (v). The local adjusted levels 
of performance agreed to under this clause shall be 
considered to be the local adjusted levels of performance 
for the eligible recipient for such years and shall 
be incorporated into the local plan. 

‘‘(v) FACTORS.—The agreement described in clause 
(iii) or (iv) shall take into account— 

‘‘(I) how the levels of performance involved 
compare with the local adjusted levels of performance 
established for other eligible recipients in 
the State, taking into account factors including 
the characteristics of participants when the participants 
entered the program and the services or 
instruction to be provided; and 
‘‘(II) the extent to which the local adjusted 
levels of performance promote continuous improvement 
on the core indicators of performance by 
the eligible recipient. 
‘‘(vi) REVISIONS.—If unanticipated circumstances 
arise with respect to an eligible recipient resulting 
in a significant change in the factors described in 
clause (v), the eligible recipient may request that the 
local adjusted levels of performance agreed to under 
clause (iii) or (iv) be revised. The eligible agency shall 
issue objective criteria and methods for making such 
revisions. 
‘‘(B) LEVELS OF PERFORMANCE FOR ADDITIONAL INDICA-
TORS.—Each eligible recipient may identify, in the local 
plan, local levels of performance for any additional indica
tors of performance described in paragraph (2)(C). Such 
levels shall be considered to be the local levels of perform
ance for purposes of this title. 
‘‘(C) LOCAL REPORT.— 
‘‘(i) CONTENT OF REPORT.—Each eligible recipient 
that receives an allocation described in section 112 
shall annually prepare and submit to the eligible 
agency a report, which shall include the data described 
in clause (ii)(I), regarding the progress of such recipient 
in achieving the local adjusted levels of performance 
on the core indicators of performance. 
‘‘(ii) DATA.—Except as provided in clauses (iii) and 
(iv), each eligible recipient that receives an allocation 
described in section 112 shall— 

‘‘(I) disaggregate data for each of the indicators 
of performance under paragraph (2) for the categories 
of students described in section 
1111(h)(1)(C)(i) of the Elementary and Secondary 
Education Act of 1965 and section 3(29) that are 
served under this Act; and 
 
‘‘(II) identify and quantify any disparities or 
gaps in performance between any such category 
of students and the performance of all students 
served by the eligible recipient under this Act. 
‘‘(iii) NONDUPLICATION.—The eligible agency shall 
ensure, in a manner that is consistent with the actions 
of the Secretary under subsection (c)(3), that each 
eligible recipient does not report duplicative information 
under this section. 

‘‘(iv) RULES FOR REPORTING OF DATA.—The 
disaggregation of data under clause (ii) shall not be 
required when the number of students in a category 
is insufficient to yield statistically reliable information 
or when the results would reveal personally identifiable 
information about an individual student. 

‘‘(v) AVAILABILITY.—The report described in clause 
(i) shall be made available to the public through a 
variety of formats, including electronically through the 
Internet. 
‘‘(c) REPORT.— 

‘‘(1) IN GENERAL.—Each eligible agency that receives an 
allotment under section 111 shall annually prepare and submit 
to the Secretary a report regarding— 

‘‘(A) the progress of the State in achieving the State 
adjusted levels of performance on the core indicators of 
performance; and 

‘‘(B) information on the levels of performance achieved 
by the State with respect to the additional indicators of 
performance, including the levels of performance for special 
populations. 

‘‘(2) DATA.—Except as provided in paragraphs (3) and (4), 
each eligible agency that receives an allotment under section 
111 or 201 shall— 

‘‘(A) disaggregate data for each of the indicators of 
performance under subsection (b)(2) for the categories of 
students described in section 1111(h)(1)(C)(i) of the 
Elementary and Secondary Education Act of 1965 and section 
3(29) that are served under this Act; and 

‘‘(B) identify and quantify any disparities or gaps in 
performance between any such category of students and 
the performance of all students served by the eligible 
agency under this Act, which shall include a quantifiable 
description of the progress each such category of students 
served by the eligible agency under this Act has made 
in meeting the State adjusted levels of performance. 

‘‘(3) NONDUPLICATION.—The Secretary shall ensure that 
each eligible agency does not report duplicative information 
under this section. 

‘‘(4) RULES FOR REPORTING OF DATA.—The disaggregation 
of data under paragraph (2) shall not be required when the 
number of students in a category is insufficient to yield statistically 
reliable information or when the results would reveal 
personally identifiable information about an individual student. 

‘‘(5) INFORMATION DISSEMINATION.—The Secretary— 

‘‘(A) shall make the information contained in such 
reports available to the general public through a variety 
of formats, including electronically through the Internet; 

‘‘(B) shall disseminate State-by-State comparisons of 
the information; and 
‘‘(C) shall provide the appropriate committees of Congress 
with copies of such reports. 

‘‘SEC. 114. NATIONAL ACTIVITIES. 

‘‘(a) PROGRAM PERFORMANCE INFORMATION.— 

‘‘(1) IN GENERAL.—The Secretary shall collect performance 
information about, and report on, the condition of career and 
technical education and on the effectiveness of State and local 
programs, services, and activities carried out under this title 
in order to provide the Secretary and Congress, as well as 
Federal, State, local, and tribal agencies, with information relevant 
to improvement in the quality and effectiveness of career 
and technical education. The Secretary shall report annually 
to Congress on the Secretary’s aggregate analysis of performance 
information collected each year pursuant to this title, 
including an analysis of performance data regarding special 
populations. 

‘‘(2) COMPATIBILITY.—The Secretary shall, to the extent 
feasible, ensure that the performance information system is 
compatible with other Federal information systems. 

‘‘(3) ASSESSMENTS.—As a regular part of its assessments, 
the National Center for Education Statistics shall collect and 
report information on career and technical education for a 
nationally representative sample of students. Such assessment 
may include international comparisons in the aggregate. 

‘‘(b) MISCELLANEOUS PROVISIONS.— 

‘‘(1) COLLECTION OF INFORMATION AT REASONABLE COST.— 
The Secretary shall take such action as may be necessary 
to secure at reasonable cost the information required by this 
title. To ensure reasonable cost, the Secretary, in consultation 
with the National Center for Education Statistics, the Office 
of Vocational and Adult Education, and an entity assisted under 
section 118 (if applicable), shall determine the methodology 
to be used and the frequency with which information is to 
be collected. 

‘‘(2) COOPERATION OF STATES.—All eligible agencies 
receiving assistance under this Act shall cooperate with the 
Secretary in implementing the information systems developed 
pursuant to this Act. 

‘‘(c) SINGLE PLAN FOR RESEARCH, DEVELOPMENT, DISSEMINA
TION, EVALUATION, AND ASSESSMENT.— 
‘‘(1) IN GENERAL.—The Secretary may, directly or through 
grants, contracts, or cooperative agreements, carry out research, 
development, dissemination, evaluation and assessment, 
capacity building, and technical assistance with regard to the 
career and technical education programs under this Act. The 
Secretary shall develop a single plan for such activities. 
‘‘(2) PLAN.—Such plan shall— 
‘‘(A) identify the career and technical education activities 
described in paragraph (1) that the Secretary will 
carry out under this section; 
‘‘(B) describe how the Secretary will evaluate such 
career and technical education activities in accordance with 
subsection (d)(2); and 
‘‘(C) include such other information as the Secretary 
determines to be appropriate. 
‘‘(d) ADVISORY PANEL; EVALUATION; REPORTS.— 
‘‘(1) INDEPENDENT ADVISORY PANEL.— 

‘‘(A) IN GENERAL.—The Secretary shall appoint an independent 
advisory panel to advise the Secretary on the 
implementation of the assessment described in paragraph 
(2), including the issues to be addressed and the methodology 
of the studies involved to ensure that the assessment 
adheres to the highest standards of quality. 

‘‘(B) MEMBERS.—The advisory panel shall consist of— 

‘‘(i) educators, administrators, State directors of 
career and technical education, and chief executives, 
including those with expertise in the integration of 
academic and career and technical education; 

‘‘(ii) experts in evaluation, research, and assessment; 

‘‘(iii) representatives of labor organizations and 
businesses, including small businesses, economic 
development entities, and workforce investment entities; 

‘‘(iv) parents; 

‘‘(v) career guidance and academic counseling 
professionals; and 

‘‘(vi) other individuals and intermediaries with relevant 
expertise. 

‘‘(C) INDEPENDENT ANALYSIS.—The advisory panel shall 
transmit to the Secretary, the relevant committees of Congress, 
and the Library of Congress an independent analysis 
of the findings and recommendations resulting from the 
assessment described in paragraph (2). 

‘‘(D) FACA.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the panel established under 
this paragraph. 
‘‘(2) EVALUATION AND ASSESSMENT.— 
‘‘(A) IN GENERAL.—From amounts made available 
under subsection (e), the Secretary shall provide for the 
conduct of an independent evaluation and assessment of 
career and technical education programs under this Act, 
including the implementation of the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, to the 
extent practicable, through studies and analyses conducted 
independently through grants, contracts, and cooperative 
agreements that are awarded on a competitive basis. 

‘‘(B) CONTENTS.—The assessment required under 
subparagraph (A) shall include descriptions and evaluations 
of— 

‘‘(i) the extent to which State, local, and tribal 
entities have developed, implemented, or improved 
State and local career and technical education programs 
assisted under this Act; 

‘‘(ii) the preparation and qualifications of teachers 
and faculty of career and technical education (such 
as meeting State established teacher certification or 
licensing requirements), as well as shortages of such 
teachers and faculty; 

‘‘(iii) academic and career and technical education 
achievement and employment outcomes of career and 
technical education, including analyses of— 

‘‘(I) the extent and success of the integration 
of rigorous and challenging academic and career 
and technical education for students participating 
in career and technical education programs, 
including a review of the effect of such integration 
on the academic and technical proficiency achievement 
of such students (including the number of 
such students receiving a secondary school 
diploma); and 

‘‘(II) the extent to which career and technical 
education programs prepare students, including 
special populations, for subsequent employment in 
high skill, high wage occupations (including those 
in which mathematics and science skills are critical), 
or for participation in postsecondary education; 
‘‘(iv) employer involvement in, and satisfaction 
with, career and technical education programs and 
career and technical education students’ preparation 
for employment; 

‘‘(v) the participation of students in career and 
technical education programs; 

‘‘(vi) the use of educational technology and distance 
learning with respect to career and technical education 
and tech prep programs; and 

‘‘(vii) the effect of State and local adjusted levels 
of performance and State and local levels of performance 
on the delivery of career and technical education 
services, including the percentage of career and technical 
education and tech prep students meeting the 
adjusted levels of performance described in section 113. 
‘‘(C) REPORTS.— 

‘‘(i) IN GENERAL.—The Secretary shall submit to 
the relevant committees of Congress— 
‘‘(I) an interim report regarding the assessment 
on or before January 1, 2010; and 

‘‘(II) a final report, summarizing all studies 
and analyses that relate to the assessment and 
that are completed after the interim report, on 
or before July 1, 2011. 
‘‘(ii) PROHIBITION.—Notwithstanding any other 
provision of law, the reports required by this subsection 
shall not be subject to any review outside the Department 
of Education before their transmittal to the relevant 
committees of Congress and the Secretary, but 
the President, the Secretary, and the independent 
advisory panel established under paragraph (1) may 
make such additional recommendations to Congress 
with respect to the assessment as the President, the 
Secretary, or the panel determine to be appropriate. 

‘‘(3) COLLECTION OF STATE INFORMATION AND REPORT.— 
‘‘(A) IN GENERAL.—The Secretary may collect and 
disseminate information from States regarding State efforts 
to meet State adjusted levels of performance described 
in section 113(b). 
‘‘(B) REPORT.—The Secretary shall gather any informa
tion collected pursuant to subparagraph (A) and submit 
a report to the relevant committees in Congress. 

‘‘(4) RESEARCH.— 
‘‘(A) IN GENERAL.—From amounts made available 
under subsection (e), the Secretary, after consulting with 
the States, shall award a grant, contract, or cooperative 
agreement, on a competitive basis, to an institution of 
higher education, a public or private nonprofit organization 
or agency, or a consortium of such institutions, organiza
tions, or agencies to establish a national research center— 

‘‘(i) to carry out scientifically based research and 
evaluation for the purpose of developing, improving, 
and identifying the most successful methods for 
addressing the education, employment, and training 
needs of participants, including special populations, 
in career and technical education programs, including 
research and evaluation in such activities as— 
‘‘(I) the integration of— 
‘‘(aa) career and technical instruction; and 
‘‘(bb) academic, secondary and postsecondary 
instruction; 
‘‘(II) education technology and distance 
learning approaches and strategies that are effective 
with respect to career and technical education; 
‘‘(III) State adjusted levels of performance and 
State levels of performance that serve to improve 
career and technical education programs and student 
achievement; 
‘‘(IV) academic knowledge and career and technical 
skills required for employment or participation 
in postsecondary education; and 
‘‘(V) preparation for occupations in high skill, 
high wage, or high demand business and industry, 
including examination of— 
‘‘(aa) collaboration between career and 
technical education programs and business 
and industry; and 
‘‘(bb) academic and technical skills 
required for a regional or sectoral workforce, 
including small business; 
‘‘(ii) to carry out scientifically based research and 
evaluation to increase the effectiveness and improve 
the implementation of career and technical education 
programs that are integrated with coherent and rigorous 
content aligned with challenging academic standards, 
including conducting research and development, 
and studies, that provide longitudinal information or 
formative evaluation with respect to career and technical 
education programs and student achievement; 
‘‘(iii) to carry out scientifically based research and 
evaluation that can be used to improve the preparation 
and professional development of teachers, faculty, and 
administrators, and to improve student learning in 
the career and technical education classroom, 
including— 

‘‘(I) effective in-service and preservice teacher 
and faculty education that assists career and technical 
education programs in— 

‘‘(aa) integrating those programs with academic 
content standards and student academic 
achievement standards, as adopted by States 
under section 1111(b)(1) of the Elementary 
and Secondary Education Act of 1965; and 
‘‘(bb) coordinating technical education 
with industry-recognized certification requirements; 

‘‘(II) dissemination and training activities 
related to the applied research and demonstration 
activities described in this subsection, which may 
also include serving as a repository for information 
on career and technical skills, State academic 
standards, and related materials; and 
‘‘(III) the recruitment and retention of career 
and technical education teachers, faculty, counselors, 
and administrators, including individuals 
in groups underrepresented in the teaching profession; 
and 

‘‘(iv) to carry out such other research and evalua
tion, consistent with the purposes of this Act, as the 
Secretary determines appropriate to assist State and 
local recipients of funds under this Act. 
‘‘(B) REPORT.—The center conducting the activities 
described in subparagraph (A) shall annually prepare a 
report of the key research findings of such center and 
shall submit copies of the report to the Secretary, the 
relevant committees of Congress, the Library of Congress, 
and each eligible agency. 

‘‘(C) DISSEMINATION.—The center shall conduct 
dissemination and training activities based upon the 
research described in subparagraph (A). 
‘‘(5) DEMONSTRATIONS AND DISSEMINATION.—The Secretary 
is authorized to carry out demonstration career and technical 
education programs, to replicate model career and technical 
education programs, to disseminate best practices information, 
and to provide technical assistance upon request of a State, 
for the purposes of developing, improving, and identifying the 
most successful methods and techniques for providing career 
and technical education programs assisted under this Act. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2007 through 2012. 

‘‘SEC. 115. ASSISTANCE FOR THE OUTLYING AREAS. 

‘‘(a) OUTLYING AREAS.—From funds reserved pursuant to sec
tion 111(a)(1)(A), the Secretary shall— 
‘‘(1) make a grant in the amount of $660,000 to Guam; 
‘‘(2) make a grant in the amount of $350,000 to each 
of American Samoa and the Commonwealth of the Northern 
Mariana Islands; and 
‘‘(3) make a grant of $160,000 to the Republic of Palau, 
subject to subsection (d). 
‘‘(b) REMAINDER.— 

‘‘(1) FIRST YEAR.—Subject to subsection (a), for the first 
fiscal year following the date of enactment of the Carl D. 
Perkins Career and Technical Education Improvement Act of 
2006, the Secretary shall make a grant of the remainder of 
funds reserved pursuant to section 111(a)(1)(A) to the Pacific 
Region Educational Laboratory in Honolulu, Hawaii, to make 
grants for career and technical education and training in Guam, 
American Samoa, and the Commonwealth of the Northern Mariana 
Islands, for the purpose of providing direct career and 
technical educational services, including— 

‘‘(A) teacher and counselor training and retraining; 
‘‘(B) curriculum development; and 
‘‘(C) the improvement of career and technical education 
and training programs in secondary schools and institutions 
of higher education, or improving cooperative education 
programs involving secondary schools and institutions 
of higher education. 
‘‘(2) SUBSEQUENT YEARS.—Subject to subsection (a), for the 
second fiscal year following the date of enactment of the Carl 
D. Perkins Career and Technical Education Improvement Act 
of 2006, and each subsequent year, the Secretary shall make 
a grant of the remainder of funds reserved pursuant to section 
111(a)(1)(A) and subject to subsection (a), in equal proportion, 
to each of Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands, to be used to provide direct 
career and technical educational services as described in subparagraphs 
(A) through (C) of paragraph (1). 
‘‘(c) LIMITATION.—The Pacific Region Educational Laboratory 
may use not more than 5 percent of the funds received under 
subsection (b)(1) for administrative costs. 

‘‘(d) RESTRICTION.—The Republic of Palau shall cease to be 
eligible to receive funding under this section upon entering into 
an agreement for an extension of United States educational assistance 
under the Compact of Free Association, unless otherwise provided 
in such agreement. 

‘‘SEC. 116. NATIVE AMERICAN PROGRAMS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ means a 
Native as such term is defined in section 3 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602). 

‘‘(2) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded 
school’ has the meaning given the term in section 1141 of 
the Education Amendments of 1978 (25 U.S.C. 2021). 

‘‘(3) INDIAN, INDIAN TRIBE, AND TRIBAL ORGANIZATION.— 
The terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have 
the meanings given the terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b). 

‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means 
any individual any of whose ancestors were natives, prior to 
1778, of the area which now comprises the State of Hawaii. 

‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native 
Hawaiian organization’ has the meaning given the term in 

section 7207 of the Native Hawaiian Education Act (20 U.S.C. 
7517). 
‘‘(b) PROGRAM AUTHORIZED.— 

‘‘(1) AUTHORITY.—From funds reserved under section 
111(a)(1)(B)(i), the Secretary shall make grants to or enter 
into contracts with Indian tribes, tribal organizations, and 
Alaska Native entities to carry out the authorized programs 
described in subsection (c), except that such grants or contracts 
shall not be awarded to secondary school programs in Bureau-
funded schools. 

‘‘(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—The grants 
or contracts described in this section that are awarded to any 
Indian tribe or tribal organization shall be subject to the terms 
and conditions of section 102 of the Indian Self-Determination 
Act (25 U.S.C. 450f) and shall be conducted in accordance 
with the provisions of sections 4, 5, and 6 of the Act of April 
16, 1934 (25 U.S.C. 455–457), which are relevant to the programs 
administered under this subsection. 

‘‘(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS 
OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.— 
An Indian tribe, a tribal organization, or an Alaska Native 
entity, that receives funds through a grant made or contract 
entered into under paragraph (1) may use the funds to provide 
assistance to a secondary school operated or supported by the 
Bureau of Indian Affairs to enable such school to carry out 
career and technical education programs. 

‘‘(4) MATCHING.—If sufficient funding is available, the 
Bureau of Indian Affairs shall expend an amount equal to 
the amount made available under this subsection, relating to 
programs for Indians, to pay a part of the costs of programs 
funded under this subsection. During each fiscal year the 
Bureau of Indian Affairs shall expend not less than the amount 
expended during the prior fiscal year on career and technical 
education programs, services, and technical activities administered 
directly by, or under contract with, the Bureau of Indian 
Affairs, except that in no year shall funding for such programs, 
services, and activities be provided from accounts and programs 
that support other Indian education programs. The Secretary 
and the Assistant Secretary of the Interior for Indian Affairs 
shall prepare jointly a plan for the expenditure of funds made 
available and for the evaluation of programs assisted under 
this subsection. Upon the completion of a joint plan for the 
expenditure of the funds and the evaluation of the programs, 
the Secretary shall assume responsibility for the administration 
of the program, with the assistance and consultation of the 
Bureau of Indian Affairs. 

‘‘(5) REGULATIONS.—If the Secretary promulgates any regulations 
applicable to paragraph (2), the Secretary shall— 

‘‘(A) confer with, and allow for active participation 
by, representatives of Indian tribes, tribal organizations, 
and individual tribal members; and 

‘‘(B) promulgate the regulations under subchapter III 
of chapter 5 of title 5, United States Code, commonly 
known as the ‘Negotiated Rulemaking Act of 1990’. 

‘‘(6) APPLICATION.—Any Indian tribe, tribal organization, 
or Bureau-funded school eligible to receive assistance under 

this subsection may apply individually or as part of a consortium 
with another such Indian tribe, tribal organization, or 
Bureau-funded school. 
‘‘(c) AUTHORIZED ACTIVITIES.— 

‘‘(1) AUTHORIZED PROGRAMS.—Funds made available under 
this section shall be used to carry out career and technical 
education programs consistent with the purpose of this Act. 

‘‘(2) STIPENDS.— 

‘‘(A) IN GENERAL.—Funds received pursuant to grants 
or contracts awarded under subsection (b) may be used 
to provide stipends to students who are enrolled in career 
and technical education programs and who have acute economic 
needs which cannot be met through work-study programs. 

‘‘(B) AMOUNT.—Stipends described in subparagraph (A) 
shall not exceed reasonable amounts as prescribed by the 
Secretary. 

‘‘(d) GRANT OR CONTRACT APPLICATION.—In order to receive 
a grant or contract under this section, an organization, tribe, or 
entity described in subsection (b) shall submit an application to 
the Secretary that shall include an assurance that such organization, 
tribe, or entity shall comply with the requirements of this 
section. 

‘‘(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS.—The Secretary 
may not place upon grants awarded or contracts entered 
into under subsection (b) any restrictions relating to programs 
other than restrictions that apply to grants made to or contracts 
entered into with States pursuant to allotments under section 
111(a). The Secretary, in awarding grants and entering into contracts 
under this section, shall ensure that the grants and contracts 
will improve career and technical education programs, and shall 
give special consideration to— 

‘‘(1) programs that involve, coordinate with, or encourage 
tribal economic development plans; and 
‘‘(2) applications from tribally controlled colleges or universities 
that— 

‘‘(A) are accredited or are candidates for accreditation 
by a nationally recognized accreditation organization as 
an institution of postsecondary career and technical education; 
or 

‘‘(B) operate career and technical education programs 
that are accredited or are candidates for accreditation by 
a nationally recognized accreditation organization, and 
issue certificates for completion of career and technical 
education programs. 

‘‘(f) CONSOLIDATION OF FUNDS.—Each organization, tribe, or 
entity receiving assistance under this section may consolidate such 
assistance with assistance received from related programs in accordance 
with the provisions of the Indian Employment, Training and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et 
seq.). 

‘‘(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.—Nothing 
in this section shall be construed— 

‘‘(1) to limit the eligibility of any organization, tribe, or 
entity described in subsection (b) to participate in any activity 
offered by an eligible agency or eligible recipient under this 
title; or 

‘‘(2) to preclude or discourage any agreement, between any 
organization, tribe, or entity described in subsection (b) and 
any eligible agency or eligible recipient, to facilitate the provision 
of services by such eligible agency or eligible recipient 
to the population served by such eligible agency or eligible 
recipient. 
‘‘(h) NATIVE HAWAIIAN PROGRAMS.—From the funds reserved 

pursuant to section 111(a)(1)(B)(ii), the Secretary shall award grants 
to or enter into contracts with community-based organizations primarily 
serving and representing Native Hawaiians to plan, conduct, 
and administer programs, or portions thereof, which are authorized 
by and consistent with the provisions of this section for the benefit 
of Native Hawaiians. 

‘‘SEC. 117. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
TECHNICAL INSTITUTIONS. 

‘‘(a) GRANTS AUTHORIZED.—The Secretary shall, subject to the 
availability of appropriations, make grants pursuant to this section 
to tribally controlled postsecondary career and technical institutions 
that are not receiving Federal support under the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1801 et 
seq.) or the Navajo Community College Act (25 U.S.C. 640a et 
seq.) to provide basic support for the education and training of 
Indian students. 

‘‘(b) USES OF GRANTS.—Amounts made available under this 
section shall be used for career and technical education programs 
for Indian students and for the institutional support costs of the 
grant, including the expenses described in subsection (e). 

‘‘(c) AMOUNT OF GRANTS.— 

‘‘(1) IN GENERAL.—If the sums appropriated for any fiscal 
year for grants under this section are not sufficient to pay 
in full the total amount which approved applicants are eligible 
to receive under this section for such fiscal year, the Secretary 
shall first allocate to each such applicant who received funds 
under this part for the preceding fiscal year an amount equal 
to 100 percent of the product of the per capita payment for 
the preceding fiscal year and such applicant’s Indian student 
count for the current program year, plus an amount equal 
to the actual cost of any increase to the per capita figure 
resulting from inflationary increases to necessary costs beyond 
the institution’s control. 

‘‘(2) PER CAPITA DETERMINATION.—For the purposes of paragraph 
(1), the per capita payment for any fiscal year shall 
be determined by dividing the amount available for grants 
to tribally controlled postsecondary career and technical institutions 
under this section for such program year by the sum 
of the Indian student counts of such institutions for such program 
year. The Secretary shall, on the basis of the most 
accurate data available from the institutions, compute the 
Indian student count for any fiscal year for which such count 
was not used for the purpose of making allocations under 
this section. 

‘‘(3) INDIRECT COSTS.—Notwithstanding any other provision 
of law or regulation, the Secretary shall not require the use 
of a restricted indirect cost rate for grants issued under this 
section. 
 
‘‘(d) APPLICATIONS.—Any tribally controlled postsecondary 
career and technical institution that is not receiving Federal support 
under the Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College 
Act (25 U.S.C. 640a et seq.) that desires to receive a grant under 
this section shall submit an application to the Secretary in such 
manner and form as the Secretary may require. 
‘‘(e) EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary shall, subject to the availability 
of appropriations, provide for each program year to 
each tribally controlled postsecondary career and technical 
institution having an application approved by the Secretary, 
an amount necessary to pay expenses associated with— 
‘‘(A) the maintenance and operation of the program, 
including development costs, costs of basic and special 
instruction (including special programs for individuals with 
disabilities and academic instruction), materials, student 
costs, administrative expenses, boarding costs, transportation, 
student services, daycare and family support programs 
for students and their families (including contributions 
to the costs of education for dependents), and student 
stipends; 
‘‘(B) capital expenditures, including operations and 
maintenance, and minor improvements and repair, and 
physical plant maintenance costs, for the conduct of programs 
funded under this section; 
‘‘(C) costs associated with repair, upkeep, replacement, 
and upgrading of the instructional equipment; and 
‘‘(D) institutional support of career and technical education. 
‘‘(2) ACCOUNTING.—Each institution receiving a grant under 
this section shall provide annually to the Secretary an accurate 
and detailed accounting of the institution’s operating and 
maintenance expenses and such other information concerning 
costs as the Secretary may reasonably require. 
‘‘(f) OTHER PROGRAMS.— 
‘‘(1) IN GENERAL.—Except as specifically provided in this 
Act, eligibility for assistance under this section shall not preclude 
any tribally controlled postsecondary career and technical 
institution from receiving Federal financial assistance under 
any program authorized under the Higher Education Act of 
1965, or under any other applicable program for the benefit 
of institutions of higher education or career and technical education. 
‘‘(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.—The 
amount of any grant for which tribally controlled postsecondary 
career and technical institutions are eligible under this section 
shall not be altered because of funds allocated to any such 
institution from funds appropriated under the Act of November 
2, 1921 (commonly known as the ‘Snyder Act’) (25 U.S.C. 13). 
‘‘(3) PROHIBITION ON CONTRACT DENIAL.—No tribally controlled 
postsecondary career and technical institution for which 
an Indian tribe has designated a portion of the funds appropriated 
for the tribe from funds appropriated under the Act 
of November 2, 1921 (25 U.S.C. 13), may be denied a contract 
for such portion under the Indian Self-Determination and Education 
Assistance Act (except as provided in that Act), or denied 
appropriate contract support to administer such portion of the 
appropriated funds. 
‘‘(g) COMPLAINT RESOLUTION PROCEDURE.—The Secretary shall 
establish (after consultation with tribally controlled postsecondary 
career and technical institutions) a complaint resolution procedure 
for grant determinations and calculations under this section for 
tribally controlled postsecondary career and technical institutions. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian 
tribe’ have the meanings given the terms in section 2 of the 
Tribally Controlled College or University Assistance Act of 1978 
(25 U.S.C. 1801). 
‘‘(2) INDIAN STUDENT COUNT.— 
‘‘(A) IN GENERAL.—The term ‘Indian student count’ 
means a number equal to the total number of Indian students 
enrolled in each tribally controlled postsecondary 
career and technical institution, as determined in accordance 
with subparagraph (B). 
‘‘(B) DETERMINATION.— 
‘‘(i) ENROLLMENT.—For each academic year, the 
Indian student count shall be determined on the basis 
of the enrollments of Indian students as in effect at 
the conclusion of— 
‘‘(I) in the case of the fall term, the third 
week of the fall term; and 
‘‘(II) in the case of the spring term, the third 
week of the spring term. 
‘‘(ii) CALCULATION.—For each academic year, the 
Indian student count for a tribally controlled postsecondary 
career and technical institution shall be the 
quotient obtained by dividing— 
‘‘(I) the sum of the credit hours of all Indian 
students enrolled in the tribally controlled postsecondary 
career and technical institution (as determined 
under clause (i)); by 
‘‘(II) 12. 
‘‘(iii) SUMMER TERM.—Any credit earned in a class 
offered during a summer term shall be counted in 
the determination of the Indian student count for the 
succeeding fall term. 
‘‘(iv) STUDENTS WITHOUT SECONDARY SCHOOL 
DEGREES.— 
‘‘(I) IN GENERAL.—A credit earned at a tribally 
controlled postsecondary career and technical 
institution by any Indian student that has not 
obtained a secondary school degree (or the recognized 
equivalent of such a degree) shall be counted 
toward the determination of the Indian student 
count if the institution at which the student is 
enrolled has established criteria for the admission 
of the student on the basis of the ability of the 
student to benefit from the education or training 
of the institution. 
‘‘(II) PRESUMPTION.—The institution shall be 
presumed to have established the criteria 
described in subclause (I) if the admission procedures 
for the institution include counseling or 
testing that measures the aptitude of a student 
to successfully complete a course in which the 
student is enrolled. 

‘‘(III) CREDITS TOWARD SECONDARY SCHOOL 
DEGREE.—No credit earned by an Indian student 
for the purpose of obtaining a secondary school 
degree (or the recognized equivalent of such a 
degree) shall be counted toward the determination 
of the Indian student count under this clause. 
‘‘(v) CONTINUING EDUCATION PROGRAMS.—Any 
credit earned by an Indian student in a continuing 
education program of a tribally controlled postsecondary 
career and technical institution shall be 
included in the determination of the sum of all credit 
hours of the student if the credit is converted to a 
credit hour basis in accordance with the system of 
the institution for providing credit for participation 
in the program. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of fiscal years 2007 through 2012. 

‘‘SEC. 118. OCCUPATIONAL AND EMPLOYMENT INFORMATION. 

‘‘(a) NATIONAL ACTIVITIES.—From funds appropriated under 
subsection (g), the Secretary, in consultation with appropriate Fed
eral agencies, is authorized— 
‘‘(1) to provide assistance to an entity to enable the entity— 
‘‘(A) to provide technical assistance to State entities 
designated under subsection (c) to enable the State entities 
to carry out the activities described in such subsection; 
‘‘(B) to disseminate information that promotes the replication 
of high quality practices described in subsection 
(c); and 
‘‘(C) to develop and disseminate products and services 
related to the activities described in subsection (c); and 
‘‘(2) to award grants to States that designate State entities 
in accordance with subsection (c) to enable the State entities 
to carry out the State level activities described in such subsection. 
‘‘(b) STATE APPLICATION.— 
‘‘(1) IN GENERAL.—A jointly designated State entity 
described in subsection (c) that desires to receive a grant under 
this section shall submit an application to the Secretary at 
the same time the State submits its State plan under section 
122, in such manner, and accompanied by such additional 
information, as the Secretary may reasonably require. 
‘‘(2) CONTENTS.—Each application submitted under paragraph 
(1) shall include a description of how the jointly designated 
State entity described in subsection (c) will provide 
information based on trends provided pursuant to section 15 
of the Wagner-Peyser Act to inform program development. 
‘‘(c) STATE LEVEL ACTIVITIES.—In order for a State to receive 
a grant under this section, the eligible agency and the Governor 
of the State shall jointly designate an entity in the State— 
‘‘(1) to provide support for career guidance and academic 
counseling programs designed to promote improved career and 
education decision making by students (and parents, as appropriate) 
regarding education (including postsecondary education) 
and training options and preparations for high skill, high wage, 
or high demand occupations and non-traditional fields; 

‘‘(2) to make available to students, parents, teachers, 
administrators, faculty, and career guidance and academic 
counselors, and to improve accessibility with respect to, 
information and planning resources that relate academic and 
career and technical educational preparation to career goals 
and expectations; 

‘‘(3) to provide academic and career and technical education 
teachers, faculty, administrators, and career guidance and academic 
counselors with the knowledge, skills, and occupational 
information needed to assist parents and students, especially 
special populations, with career exploration, educational 
opportunities, education financing, and exposure to high skill, 
high wage, or high demand occupations and non-traditional 
fields, including occupations and fields requiring a baccalaureate 
degree; 

‘‘(4) to assist appropriate State entities in tailoring career 
related educational resources and training for use by such 
entities, including information on high skill, high wage, or 
high demand occupations in current or emerging professions 
and on career ladder information; 

‘‘(5) to improve coordination and communication among 
administrators and planners of programs authorized by this 
Act and by section 15 of the Wagner-Peyser Act at the Federal, 
State, and local levels to ensure nonduplication of efforts and 
the appropriate use of shared information and data; 

‘‘(6) to provide ongoing means for customers, such as students 
and parents, to provide comments and feedback on products 
and services and to update resources, as appropriate, to 
better meet customer requirements; and 

‘‘(7) to provide readily available occupational information 

such as— 
‘‘(A) information relative to employment sectors; 
‘‘(B) information on occupation supply and demand; 
and 

‘‘(C) other information provided pursuant to section 
15 of the Wagner-Peyser Act as the jointly designated 
State entity considers relevant. 

‘‘(d) NONDUPLICATION.— 

‘‘(1) WAGNER-PEYSER ACT.—The jointly designated State 
entity described under subsection (c) may use funds provided 
under subsection (a)(2) to supplement activities under section 
15 of the Wagner-Peyser Act to the extent such activities do 
not duplicate activities assisted under such section. 

‘‘(2) PUBLIC LAW 105–220.—None of the functions and activities 
assisted under this section shall duplicate the functions 
and activities carried out under Public Law 105–220. 
‘‘(e) FUNDING RULE.—Of the amounts appropriated to carry 
out this section, the Federal entity designated under subsection 

(a) shall use— 
‘‘(1) not less than 85 percent to carry out subsection (c); 
and 
‘‘(2) not more than 15 percent to carry out subsection 
(a). 
‘‘(f) REPORT.—The Secretary, in consultation with appropriate 
Federal agencies, shall prepare and submit to the appropriate 
committees of Congress, an annual report that includes— 

‘‘(1) a description of activities assisted under this section 
during the prior program year; 

‘‘(2) a description of the specific products and services 
assisted under this section that were delivered in the prior 
program year; and 

‘‘(3) an assessment of the extent to which States have 
effectively coordinated activities assisted under this section 
with activities authorized under section 15 of the Wagner-
Peyser Act. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for each of the fiscal years 2007 through 2012. 

‘‘PART B—STATE PROVISIONS 

‘‘SEC. 121. STATE ADMINISTRATION. 

‘‘(a) ELIGIBLE AGENCY RESPONSIBILITIES.—The responsibilities 
of an eligible agency under this title shall include— 

‘‘(1) coordination of the development, submission, and 
implementation of the State plan, and the evaluation of the 
program, services, and activities assisted under this title, 
including preparation for non-traditional fields; 

‘‘(2) consultation with the Governor and appropriate agencies, 
groups, and individuals including parents, students, 
teachers, teacher and faculty preparation programs, representatives 
of businesses (including small businesses), labor organizations, 
eligible recipients, State and local officials, and local 
program administrators, involved in the planning, administration, 
evaluation, and coordination of programs funded under 
this title; 

‘‘(3) convening and meeting as an eligible agency (consistent 
with State law and procedure for the conduct of such meetings) 
at such time as the eligible agency determines necessary to 
carry out the eligible agency’s responsibilities under this title, 
but not less than 4 times annually; and 

‘‘(4) the adoption of such procedures as the eligible agency 
considers necessary to— 

‘‘(A) implement State level coordination with the activities 
undertaken by the State boards under section 111 
of Public Law 105–220; and 

‘‘(B) make available to the service delivery system 
under section 121 of Public Law 105–220 within the State 
a listing of all school dropout, postsecondary education, 
and adult programs assisted under this title. 

‘‘(b) EXCEPTION.—Except with respect to the responsibilities 
set forth in subsection (a), the eligible agency may delegate any 
of the other responsibilities of the eligible agency that involve 
the administration, operation, or supervision of activities assisted 
under this title, in whole or in part, to 1 or more appropriate 
State agencies. 

‘‘SEC. 122. STATE PLAN. 

‘‘(a) STATE PLAN.— 
 
‘‘(1) IN GENERAL.—Each eligible agency desiring assistance 
under this title for any fiscal year shall prepare and submit 
to the Secretary a State plan for a 6-year period, together 
with such annual revisions as the eligible agency determines 
to be necessary, except that, during the period described in 
section 4, each eligible agency may submit a transition plan 
that shall fulfill the eligible agency’s obligation to submit a 
State plan under this section for the first fiscal year following 
the date of enactment of the Carl D. Perkins Career and Technical 
Education Improvement Act of 2006. 

‘‘(2) REVISIONS.—Each eligible agency— 

‘‘(A) may submit such annual revisions of the State 
plan to the Secretary as the eligible agency determines 
to be necessary; and 

‘‘(B) shall, after the second year of the 6-year period, 
conduct a review of activities assisted under this title and 
submit any revisions of the State plan that the eligible 
agency determines necessary to the Secretary. 

‘‘(3) HEARING PROCESS.—The eligible agency shall conduct 
public hearings in the State, after appropriate and sufficient 
notice, for the purpose of affording all segments of the public 
and interested organizations and groups (including charter 
school authorizers and organizers consistent with State law, 
employers, labor organizations, parents, students, and community 
organizations), an opportunity to present their views and 
make recommendations regarding the State plan. A summary 
of such recommendations and the eligible agency’s response 
to such recommendations shall be included in the State plan. 
‘‘(b) PLAN DEVELOPMENT.— 

‘‘(1) IN GENERAL.—The eligible agency shall— 

‘‘(A) develop the State plan in consultation with— 

‘‘(i) academic and career and technical education 
teachers, faculty, and administrators; 

‘‘(ii) career guidance and academic counselors; 

‘‘(iii) eligible recipients; 

‘‘(iv) charter school authorizers and organizers con
sistent with State law; 

‘‘(v) parents and students; 

‘‘(vi) institutions of higher education; 

‘‘(vii) the State tech prep coordinator and rep
resentatives of tech prep consortia (if applicable); 

‘‘(viii) entities participating in activities described 
in section 111 of Public Law 105–220; 

‘‘(ix) interested community members (including 
parent and community organizations); 

‘‘(x) representatives of special populations; 

‘‘(xi) representatives of business and industry 
(including representatives of small business); and 

‘‘(xii) representatives of labor organizations in the 
State; and 

‘‘(B) consult the Governor of the State with respect 
to such development. 

‘‘(2) ACTIVITIES AND PROCEDURES.—The eligible agency 
shall develop effective activities and procedures, including 
access to information needed to use such procedures, to allow 
the individuals and entities described in paragraph (1) to 
participate in State and local decisions that relate to development 
of the State plan. 
‘‘(c) PLAN CONTENTS.—The State plan shall include information 
that— 
‘‘(1) describes the career and technical education activities 
to be assisted that are designed to meet or exceed the State 
adjusted levels of performance, including a description of— 
‘‘(A) the career and technical programs of study, which 
may be adopted by local educational agencies and postsecondary 
institutions to be offered as an option to students 
(and their parents as appropriate) when planning for and 
completing future coursework, for career and technical content 
areas that— 
‘‘(i) incorporate secondary education and postsecondary 
education elements; 
‘‘(ii) include coherent and rigorous content aligned 
with challenging academic standards and relevant 
career and technical content in a coordinated, non-
duplicative progression of courses that align secondary 
education with postsecondary education to adequately 
prepare students to succeed in postsecondary education; 
‘‘(iii) may include the opportunity for secondary 
education students to participate in dual or concurrent 
enrollment programs or other ways to acquire postsecondary 
education credits; and 
‘‘(iv) lead to an industry-recognized credential or 
certificate at the postsecondary level, or an associate 
or baccalaureate degree; 
‘‘(B) how the eligible agency, in consultation with 
eligible recipients, will develop and implement the career 
and technical programs of study described in subparagraph 
(A); 
‘‘(C) how the eligible agency will support eligible recipients 
in developing and implementing articulation agreements 
between secondary education and postsecondary education 
institutions; 
‘‘(D) how the eligible agency will make available 
information about career and technical programs of study 
offered by eligible recipients; 
‘‘(E) the secondary and postsecondary career and technical 
education programs to be carried out, including programs 
that will be carried out by the eligible agency to 
develop, improve, and expand access to appropriate technology 
in career and technical education programs; 
‘‘(F) the criteria that will be used by the eligible agency 
to approve eligible recipients for funds under this Act, 
including criteria to assess the extent to which the local 
plan will— 
‘‘(i) promote continuous improvement in academic 
achievement; 
‘‘(ii) promote continuous improvement of technical 
skill attainment; and 
‘‘(iii) identify and address current or emerging 
occupational opportunities; 
‘‘(G) how programs at the secondary level will prepare 
career and technical education students, including special 
populations, to graduate from secondary school with a 
diploma; 

‘‘(H) how such programs will prepare career and technical 
education students, including special populations, academically 
and technically for opportunities in postsecondary 
education or entry into high skill, high wage, or 
high demand occupations in current or emerging occupations, 
and how participating students will be made aware 
of such opportunities; 

‘‘(I) how funds will be used to improve or develop 
new career and technical education courses— 

‘‘(i) at the secondary level that are aligned with 
rigorous and challenging academic content standards 
and student academic achievement standards adopted 
by the State under section 1111(b)(1) of the Elementary 
and Secondary Education Act of 1965; 

‘‘(ii) at the postsecondary level that are relevant 
and challenging; and 

‘‘(iii) that lead to employment in high skill, high 
wage, or high demand occupations; 
‘‘(J) how the eligible agency will facilitate and coordi

nate communication on best practices among successful 
recipients of tech prep program grants under title II and 
eligible recipients to improve program quality and student 
achievement; 

‘‘(K) how funds will be used effectively to link academic 
and career and technical education at the secondary level 
and at the postsecondary level in a manner that increases 
student academic and career and technical achievement; 
and 

‘‘(L) how the eligible agency will report on the integration 
of coherent and rigorous content aligned with challenging 
academic standards in career and technical education 
programs in order to adequately evaluate the extent 
of such integration; 
‘‘(2) describes how comprehensive professional development 
(including initial teacher preparation and activities that support 
recruitment) for career and technical education teachers, faculty,
 administrators, and career guidance and academic counselors
 will be provided, especially professional development 
that— 
‘‘(A) promotes the integration of coherent and rigorous 
academic content standards and career and technical education 
curricula, including through opportunities for the 
appropriate academic and career and technical education 
teachers to jointly develop and implement curricula and 
pedagogical strategies, as appropriate; 
‘‘(B) increases the percentage of teachers that meet 
teacher certification or licensing requirements; 
‘‘(C) is high quality, sustained, intensive, and focused 
on instruction, and increases the academic knowledge and 
understanding of industry standards, as appropriate, of 
career and technical education teachers; 
‘‘(D) encourages applied learning that contributes to 
the academic and career and technical knowledge of the 
student; 
‘‘(E) provides the knowledge and skills needed to work 
with and improve instruction for special populations; 
‘‘(F) assists in accessing and utilizing data, including 
data provided under section 118, student achievement data, 
and data from assessments; and 
‘‘(G) promotes integration with professional development 
activities that the State carries out under title II 
of the Elementary and Secondary Education Act of 1965 
and title II of the Higher Education Act of 1965; 
‘‘(3) describes efforts to improve— 

‘‘(A) the recruitment and retention of career and technical 
education teachers, faculty, and career guidance and 
academic counselors, including individuals in groups underrepresented 
in the teaching profession; and 

‘‘(B) the transition to teaching from business and 
industry, including small business; 
‘‘(4) describes efforts to facilitate the transition of subbacca

laureate career and technical education students into baccalaureate 
degree programs at institutions of higher education; 

‘‘(5) describes how the eligible agency will actively involve 
parents, academic and career and technical education teachers, 
administrators, faculty, career guidance and academic counselors, 
local business (including small businesses), and labor 
organizations in the planning, development, implementation, 
and evaluation of such career and technical education programs; 

‘‘(6) describes how funds received by the eligible agency 
through the allotment made under section 111 will be 
allocated— 

‘‘(A) among career and technical education at the secondary 
level, or career and technical education at the postsecondary 
and adult level, or both, including the rationale 
for such allocation; and 

‘‘(B) among any consortia that will be formed among 
secondary schools and eligible institutions, and how funds 
will be allocated among the members of the consortia, 
including the rationale for such allocation; 
‘‘(7) describes how the eligible agency will— 

‘‘(A) improve the academic and technical skills of students 
participating in career and technical education programs, 
including strengthening the academic and career 
and technical components of career and technical education 
programs through the integration of academics with career 
and technical education to ensure learning in— 

‘‘(i) the core academic subjects (as defined in section 
9101 of the Elementary and Secondary Education 
Act of 1965); and 

‘‘(ii) career and technical education subjects; 
‘‘(B) provide students with strong experience in, and 
understanding of, all aspects of an industry; and 

‘‘(C) ensure that students who participate in such 
career and technical education programs are taught to 
the same challenging academic proficiencies as are taught 
to all other students; 
‘‘(8) describes how the eligible agency will annually 

evaluate the effectiveness of such career and technical education 
programs, and describe, to the extent practicable, how 
the eligible agency is coordinating such programs to ensure 
nonduplication with other Federal programs; 

‘‘(9) describes the eligible agency’s program strategies for 
special populations, including a description of how individuals 
who are members of the special populations— 

‘‘(A) will be provided with equal access to activities 
assisted under this Act; 
‘‘(B) will not be discriminated against on the basis 
of their status as members of the special populations; and 

‘‘(C) will be provided with programs designed to enable 
the special populations to meet or exceed State adjusted 
levels of performance, and prepare special populations for 
further learning and for high skill, high wage, or high 
demand occupations; 
‘‘(10) describes— 

‘‘(A) the eligible agency’s efforts to ensure that eligible 
recipients are given the opportunity to provide input in 
determining the State adjusted levels of performance 
described in section 113; and 

‘‘(B) how the eligible agency, in consultation with 
eligible recipients, will develop a process for the negotiation 
of local adjusted levels of performance under section 
113(b)(4) if an eligible recipient does not accept the State 
adjusted levels of performance under section 113(b)(3); 
‘‘(11) provides assurances that the eligible agency will 

comply with the requirements of this Act and the provisions 
of the State plan, including the provision of a financial audit 
of funds received under this Act which may be included as 
part of an audit of other Federal or State programs; 

‘‘(12) provides assurances that none of the funds expended 
under this Act will be used to acquire equipment (including 
computer software) in any instance in which such acquisition 
results in a direct financial benefit to any organization representing 
the interests of the acquiring entity or the employees 
of the acquiring entity, or any affiliate of such an organization; 

‘‘(13) describes how the eligible agency will report data 
relating to students participating in career and technical education 
in order to adequately measure the progress of the 
students, including special populations, and how the eligible 
agency will ensure that the data reported to the eligible agency 
from local educational agencies and eligible institutions under 
this title and the data the eligible agency reports to the Secretary 
are complete, accurate, and reliable; 

‘‘(14) describes how the eligible agency will adequately 
address the needs of students in alternative education programs, 
if appropriate; 

‘‘(15) describes how the eligible agency will provide local 
educational agencies, area career and technical education 
schools, and eligible institutions in the State with technical 
assistance; 

‘‘(16) describes how career and technical education relates 
to State and regional occupational opportunities; 

‘‘(17) describes the methods proposed for the joint planning 
and coordination of programs carried out under this title with 
other Federal education programs; 

‘‘(18) describes how funds will be used to promote prepara
tion for high skill, high wage, or high demand occupations 
and non-traditional fields; 

‘‘(19) describes how funds will be used to serve individuals 
in State correctional institutions; and 

‘‘(20) contains the description and information specified 
in sections 112(b)(8) and 121(c) of Public Law 105–220 con
cerning the provision of services only for postsecondary students 
and school dropouts. 

‘‘(d) PLAN OPTIONS.— 

‘‘(1) SINGLE PLAN.—An eligible agency not choosing to 
consolidate funds under section 202 shall fulfill the plan or 
application submission requirements of this section, and section 
201(c), by submitting a single State plan. In such plan, the 
eligible agency may allow recipients to fulfill the plan or 
application submission requirements of section 134 and subsections 
(a) and (b) of section 204 by submitting a single local 
plan. 

‘‘(2) PLAN SUBMITTED AS PART OF 501 PLAN.—The eligible 
agency may submit the plan required under this section as 
part of the plan submitted under section 501 of Public Law 
105–220, if the plan submitted pursuant to the requirement 
of this section meets the requirements of this Act. 

‘‘(e) PLAN APPROVAL.— 

‘‘(1) IN GENERAL.—The Secretary shall approve a State 
plan, or a revision to an approved State plan, unless the Sec
retary determines that— 

‘‘(A) the State plan, or revision, respectively, does not 
meet the requirements of this Act; or 
‘‘(B) the State’s levels of performance on the core indicators 
of performance consistent with section 113 are not 
sufficiently rigorous to meet the purpose of this Act. 

‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis
approve a State plan, except after giving the eligible agency 
notice and an opportunity for a hearing. 

‘‘(3) CONSULTATION.—The eligible agency shall develop the 
portion of each State plan relating to the amount and uses 
of any funds proposed to be reserved for adult career and 
technical education, postsecondary career and technical education, 
tech prep education, and secondary career and technical 
education after consultation with the State agency responsible 
for supervision of community colleges, technical institutes, or 
other 2-year postsecondary institutions primarily engaged in 
providing postsecondary career and technical education, and 
the State agency responsible for secondary education. If a State 
agency finds that a portion of the final State plan is objectionable, 
the State agency shall file such objections with the eligible 
agency. The eligible agency shall respond to any objections 
of the State agency in the State plan submitted to the Secretary. 

‘‘(4) TIMEFRAME.—A State plan shall be deemed approved 
by the Secretary if the Secretary has not responded to the 
eligible agency regarding the State plan within 90 days of 
the date the Secretary receives the State plan. 

‘‘SEC. 123. IMPROVEMENT PLANS. 

‘‘(a) STATE PROGRAM IMPROVEMENT.— 

‘‘(1) PLAN.—If a State fails to meet at least 90 percent 
of an agreed upon State adjusted level of performance for 
any of the core indicators of performance described in section 
113(b)(3), the eligible agency shall develop and implement a 
program improvement plan (with special consideration to 
performance gaps identified under section 113(c)(2)) in consultation 
with the appropriate agencies, individuals, and organizations 
during the first program year succeeding the program 
year for which the eligible agency failed to so meet the State 
adjusted level of performance for any of the core indicators 
of performance. 

‘‘(2) TECHNICAL ASSISTANCE.—If the Secretary determines 
that an eligible agency is not properly implementing the eligible 
agency’s responsibilities under section 122, or is not making 
substantial progress in meeting the purposes of this Act, based 
on the State’s adjusted levels of performance, the Secretary 
shall work with the eligible agency to implement the improvement 
activities consistent with the requirements of this Act. 

‘‘(3) SUBSEQUENT ACTION.— 

‘‘(A) IN GENERAL.—The Secretary may, after notice and 
opportunity for a hearing, withhold from an eligible agency 
all, or a portion, of the eligible agency’s allotment under 
paragraphs (2) and (3) of section 112(a) if the eligible 
agency— 

‘‘(i) fails to implement an improvement plan as 
described in paragraph (1); 

‘‘(ii) fails to make any improvement in meeting 
any of the State adjusted levels of performance for 
the core indicators of performance identified under 
paragraph (1) within the first program year of 
implementation of its improvement plan described in 
paragraph (1); or 

‘‘(iii) fails to meet at least 90 percent of an agreed 
upon State adjusted level of performance for the same 
core indicator of performance for 3 consecutive years. 
‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—The 

Secretary may waive the sanction in subparagraph (A) 
due to exceptional or uncontrollable circumstances, such 
as a natural disaster or a precipitous and unforeseen 
decline in the financial resources of the State. 
‘‘(4) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 
Secretary shall use funds withheld under paragraph (3) for 
a State served by an eligible agency to provide technical assistance, 
to assist in the development of an improved State 
improvement plan, or for other improvement activities consistent 
with the requirements of this Act for such State. 
‘‘(b) LOCAL PROGRAM IMPROVEMENT.— 

‘‘(1) LOCAL EVALUATION.—Each eligible agency shall 
evaluate annually, using the local adjusted levels of performance 
described in section 113(b)(4), the career and technical 
education activities of each eligible recipient receiving funds 
under this title. 

‘‘(2) PLAN.—If, after reviewing the evaluation in paragraph 
(1), the eligible agency determines that an eligible recipient 
failed to meet at least 90 percent of an agreed upon local 
adjusted level of performance for any of the core indicators 
of performance described in section 113(b)(4), the eligible 
recipient shall develop and implement a program improvement 
plan (with special consideration to performance gaps identified 
under section 113(b)(4)(C)(ii)(II)) in consultation with the 
eligible agency, appropriate agencies, individuals, and organizations 
during the first program year succeeding the program 
year for which the eligible recipient failed to so meet any 
of the local adjusted levels of performance for any of the core 
indicators of performance. 

‘‘(3) TECHNICAL ASSISTANCE.—If the eligible agency determines 
that an eligible recipient is not properly implementing 
the eligible recipient’s responsibilities under section 134, or 
is not making substantial progress in meeting the purposes 
of this Act, based on the local adjusted levels of performance, 
the eligible agency shall work with the eligible recipient to 
implement improvement activities consistent with the requirements 
of this Act. 

‘‘(4) SUBSEQUENT ACTION.— 

‘‘(A) IN GENERAL.—The eligible agency may, after notice 
and opportunity for a hearing, withhold from the eligible 
recipient all, or a portion, of the eligible recipient’s allotment 
under this title if the eligible recipient— 

‘‘(i) fails to implement an improvement plan as 
described in paragraph (2); 

‘‘(ii) fails to make any improvement in meeting 
any of the local adjusted levels of performance for 
the core indicators of performance identified under 
paragraph (2) within the first program year of 
implementation of its improvement plan described in 
paragraph (2); or 

‘‘(iii) fails to meet at least 90 percent of an agreed 
upon local adjusted level of performance for the same 
core indicator of performance for 3 consecutive years. 
‘‘(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.—In 

determining whether to impose sanctions under subparagraph 
(A), the eligible agency may waive imposing 
sanctions— 

‘‘(i) due to exceptional or uncontrollable circumstances, 
such as a natural disaster or a precipitous 
and unforeseen decline in the financial resources of 
the eligible recipient; or 

‘‘(ii) based on the impact on the eligible recipient’s 
reported performance of the small size of the career 
and technical education program operated by the 
eligible recipient. 

‘‘(5) FUNDS RESULTING FROM REDUCED ALLOTMENTS.—The 
eligible agency shall use funds withheld under paragraph (4) 
from an eligible recipient to provide (through alternative 
arrangements) services and activities to students within the 
area served by such recipient to meet the purposes of this 
Act. 

‘‘SEC. 124. STATE LEADERSHIP ACTIVITIES. 

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

‘‘(1) an assessment of the career and technical education 
programs carried out with funds under this title, including 
an assessment of how the needs of special populations are 
being met and how the career and technical education programs 
are designed to enable special populations to meet State 
adjusted levels of performance and prepare the special populations 
for further education, further training, or for high skill, 
high wage, or high demand occupations; 

‘‘(2) developing, improving, or expanding the use of technology 
in career and technical education that may include— 

‘‘(A) training of career and technical education 
teachers, faculty, career guidance and academic counselors, 
and administrators to use technology, including distance 
learning; 
‘‘(B) providing career and technical education students 
with the academic and career and technical skills (including 
the mathematics and science knowledge that provides a 
strong basis for such skills) that lead to entry into technology 
fields, including non-traditional fields; or 
‘‘(C) encouraging schools to collaborate with technology 
industries to offer voluntary internships and mentoring 
programs; 

‘‘(3) professional development programs, including pro
viding comprehensive professional development (including initial 
teacher preparation) for career and technical education 
teachers, faculty, administrators, and career guidance and academic 
counselors at the secondary and postsecondary levels, 
that support activities described in section 122 and— 
‘‘(A) provide in-service and preservice training in career 
and technical education programs— 
‘‘(i) on effective integration and use of challenging 
academic and career and technical education provided 
jointly with academic teachers to the extent practicable; 
‘‘(ii) on effective teaching skills based on research 
that includes promising practices; 
‘‘(iii) on effective practices to improve parental and 
community involvement; and 
‘‘(iv) on effective use of scientifically based research 
and data to improve instruction; 

‘‘(B) are high quality, sustained, intensive, and class-
room-focused in order to have a positive and lasting impact 
on classroom instruction and the teacher’s performance 
in the classroom, and are not 1-day or short-term workshops 
or conferences; 

‘‘(C) will help teachers and personnel to improve student 
achievement in order to meet the State adjusted levels 
of performance established under section 113; 

‘‘(D) will support education programs for teachers of 
career and technical education in public schools and other 
public school personnel who are involved in the direct 
delivery of educational services to career and technical 
education students to ensure that teachers and personnel— 
‘‘(i) stay current with the needs, expectations, and 
methods of industry; 
‘‘(ii) can effectively develop rigorous and challenging, 
integrated academic and career and technical 
education curricula jointly with academic teachers, to 
the extent practicable; 
‘‘(iii) develop a higher level of academic and 
industry knowledge and skills in career and technical 
education; and 
‘‘(iv) effectively use applied learning that contributes 
to the academic and career and technical knowledge 
of the student; and 

‘‘(E) are coordinated with the teacher certification or 
licensing and professional development activities that the 
State carries out under title II of the Elementary and 
Secondary Education Act of 1965 and title II of the Higher 
Education Act of 1965; 
‘‘(4) supporting career and technical education programs 
that improve the academic and career and technical skills of 
students participating in career and technical education programs 
by strengthening the academic and career and technical 
components of such career and technical education programs, 
through the integration of coherent and relevant content 
aligned with challenging academic standards and relevant 
career and technical education, to ensure achievement in— 
‘‘(A) the core academic subjects (as defined in section 
9101 of the Elementary and Secondary Education Act of 
1965); and 

‘‘(B) career and technical education subjects; 

‘‘(5) providing preparation for non-traditional fields in current 
and emerging professions, and other activities that expose 
students, including special populations, to high skill, high wage 
occupations; 

‘‘(6) supporting partnerships among local educational agencies, 
institutions of higher education, adult education providers, 
and, as appropriate, other entities, such as employers, labor 
organizations, intermediaries, parents, and local partnerships, 
to enable students to achieve State academic standards, and 
career and technical skills, or complete career and technical 
programs of study, as described in section 122(c)(1)(A); 

‘‘(7) serving individuals in State institutions, such as State 
correctional institutions and institutions that serve individuals 
with disabilities; 

‘‘(8) support for programs for special populations that lead 
to high skill, high wage, or high demand occupations; and 
‘‘(9) technical assistance for eligible recipients. 
‘‘(c) PERMISSIBLE USES OF FUNDS.—The leadership activities 
described in subsection (a) may include— 

‘‘(1) improvement of career guidance and academic counseling 
programs that assist students in making informed academic 
and career and technical education decisions, including— 

‘‘(A) encouraging secondary and postsecondary students 
to graduate with a diploma or degree; and 

‘‘(B) exposing students to high skill, high wage occupations 
and non-traditional fields; 
‘‘(2) establishment of agreements, including articulation 

agreements, between secondary school and postsecondary career 
and technical education programs in order to provide postsecondary 
education and training opportunities for students 
participating in such career and technical education programs, 
such as tech prep programs; 

‘‘(3) support for initiatives to facilitate the transition of 
subbaccalaureate career and technical education students into 
baccalaureate degree programs, including— 

‘‘(A) statewide articulation agreements between associate 
degree granting career and technical postsecondary 
educational institutions and baccalaureate degree granting 
postsecondary educational institutions; 

‘‘(B) postsecondary dual and concurrent enrollment pro
grams; 

‘‘(C) academic and financial aid counseling; and 

‘‘(D) other initiatives— 
‘‘(i) to encourage the pursuit of a baccalaureate 
degree; and 
‘‘(ii) to overcome barriers to participation in baccalaureate 
degree programs, including geographic and 
other barriers affecting rural students and special 
populations; 

‘‘(4) support for career and technical student organizations, 
especially with respect to efforts to increase the participation 
of students who are members of special populations; 

‘‘(5) support for public charter schools operating career 
and technical education programs; 

‘‘(6) support for career and technical education programs 
that offer experience in, and understanding of, all aspects of 
an industry for which students are preparing to enter; 

‘‘(7) support for family and consumer sciences programs; 

‘‘(8) support for partnerships between education and business 
or business intermediaries, including cooperative education 
and adjunct faculty arrangements at the secondary and postsecondary 
levels; 

‘‘(9) support to improve or develop new career and technical 
education courses and initiatives, including career clusters, 
career academies, and distance education, that prepare individuals 
academically and technically for high skill, high wage, 
or high demand occupations; 

‘‘(10) awarding incentive grants to eligible recipients— 
‘‘(A) for exemplary performance in carrying out programs 
under this Act, which awards shall be based on— 

‘‘(i) eligible recipients exceeding the local adjusted 
levels of performance established under section 113(b) 
in a manner that reflects sustained or significant 
improvement; 

‘‘(ii) eligible recipients effectively developing 
connections between secondary education and postsecondary 
education and training; 

‘‘(iii) the adoption and integration of coherent and 
rigorous content aligned with challenging academic 
standards and technical coursework; 

‘‘(iv) eligible recipients’ progress in having special 
populations who participate in career and technical 
education programs meet local adjusted levels of 
performance; or 

‘‘(v) other factors relating to the performance of 
eligible recipients under this Act as the eligible agency 
determines are appropriate; or 
‘‘(B) if an eligible recipient elects to use funds as per
mitted under section 135(c)(19); 

‘‘(11) providing for activities to support entrepreneurship 
education and training; 

‘‘(12) providing career and technical education programs 
for adults and school dropouts to complete their secondary 
school education, in coordination, to the extent practicable, 
with activities authorized under the Adult Education and 
Family Literacy Act; 

‘‘(13) providing assistance to individuals, who have participated 
in services and activities under this title, in continuing 
the individuals’ education or training or finding appropriate 
jobs, such as through referral to the system established under 
section 121 of Public Law 105–220; 

‘‘(14) developing valid and reliable assessments of technical 
skills; 

‘‘(15) developing and enhancing data systems to collect 
and analyze data on secondary and postsecondary academic 
and employment outcomes; 

‘‘(16) improving— 

‘‘(A) the recruitment and retention of career and technical 
education teachers, faculty, administrators, and 
career guidance and academic counselors, including individuals 
in groups underrepresented in the teaching profession; 
and 

‘‘(B) the transition to teaching from business and 
industry, including small business; and 
‘‘(17) support for occupational and employment information 

resources, such as those described in section 118. 

‘‘(d) RESTRICTION ON USES OF FUNDS.—An eligible agency that 
receives funds under section 112(a)(2) may not use any of such 
funds for administrative costs. 

‘‘PART C—LOCAL PROVISIONS 

‘‘SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION PROGRAMS. 

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

‘‘(2) SEVENTY PERCENT.—Seventy percent shall be allocated 
to such local educational agencies in proportion to the number 
of individuals aged 5 through 17, inclusive, who reside in the 
school district served by such local educational agency and 
are from families below the poverty level for the preceding 
fiscal year, as determined on the basis of the most recent 
satisfactory data used under section 1124(c)(1)(A) of the 
Elementary and Secondary Education Act of 1965, compared 
to the total number of such individuals who reside in the 
school districts served by all the local educational agencies 
in the State for such preceding fiscal year. 

‘‘(3) ADJUSTMENTS.—Each eligible agency, in making the 
allocations under paragraphs (1) and (2), shall adjust the data 
used to make the allocations to— 

‘‘(A) reflect any change in school district boundaries 
that may have occurred since the data were collected; and 
‘‘(B) include local educational agencies without geographical 
boundaries, such as charter schools and secondary 
schools funded by the Bureau of Indian Affairs. 
‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Secretary 
may waive the application of subsection (a) in the case 
of any eligible agency that submits to the Secretary an application 
for such a waiver that— 
‘‘(1) demonstrates that a proposed alternative formula more 
effectively targets funds on the basis of poverty (as defined 
by the Office of Management and Budget and revised annually 
in accordance with section 673(2) of the Community Services 
Block Grant Act (42 U.S.C. 9902(2))) to local educational agencies 
within the State than the formula described in subsection 
(a); and 
‘‘(2) includes a proposal for such an alternative formula. 
‘‘(c) MINIMUM ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
a local educational agency shall not receive an allocation under 
subsection (a) unless the amount allocated to such agency under 
subsection (a) is greater than $15,000. A local educational 
agency may enter into a consortium with other local educational 
agencies for purposes of meeting the minimum allocation 
requirement of this paragraph. 
‘‘(2) WAIVER.—The eligible agency shall waive the application 
of paragraph (1) in any case in which the local educational 
agency— 
‘‘(A)(i) is located in a rural, sparsely populated area; 
or 
‘‘(ii) is a public charter school operating secondary 
school career and technical education programs; and 
‘‘(B) demonstrates that the local educational agency 
is unable to enter into a consortium for purposes of providing 
activities under this part. 
‘‘(3) REDISTRIBUTION.—Any amounts that are not allocated 
by reason of paragraph (1) or paragraph (2) shall be redistributed 
to local educational agencies that meet the requirements 
of paragraph (1) or (2) in accordance with the provisions of 
this section. 
‘‘(d) LIMITED JURISDICTION AGENCIES.— 
‘‘(1) IN GENERAL.—In applying the provisions of subsection 
(a), no eligible agency receiving assistance under this title 
shall allocate funds to a local educational agency that serves 
only elementary schools, but shall distribute such funds to 
the local educational agency or regional educational agency 
that provides secondary school services to secondary school 
students in the same attendance area. 

‘‘(2) SPECIAL RULE.—The amount to be allocated under 
paragraph (1) to a local educational agency that has jurisdiction 
only over secondary schools shall be determined based on the 
number of students that entered such secondary schools in 
the previous year from the elementary schools involved. 
‘‘(e) ALLOCATIONS TO AREA CAREER AND TECHNICAL EDUCATION 
SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.— 
‘‘(1) IN GENERAL.—Each eligible agency shall distribute the 
portion of funds made available under section 112(a)(1) for 
any fiscal year by such eligible agency for career and technical 
education activities at the secondary level under this section 
to the appropriate area career and technical education school 
or educational service agency in any case in which the area 
career and technical education school or educational service 
agency, and the local educational agency concerned— 
‘‘(A) have formed or will form a consortium for the 
purpose of receiving funds under this section; or 
‘‘(B) have entered into or will enter into a cooperative 
arrangement for such purpose. 
‘‘(2) ALLOCATION BASIS.—If an area career and technical 
education school or educational service agency meets the 
requirements of paragraph (1), then the amount that would 
otherwise be distributed to the local educational agency shall 
be allocated to the area career and technical education school, 
the educational service agency, and the local educational agency 
based on each school, agency or entity’s relative share of students 
who are attending career and technical education programs 
(based, if practicable, on the average enrollment for 
the preceding 3 years). 
‘‘(3) APPEALS PROCEDURE.—The eligible agency shall establish 
an appeals procedure for resolution of any dispute arising 
between a local educational agency and an area career and 
technical education school or an educational service agency 
with respect to the allocation procedures described in this section, 
including the decision of a local educational agency to 
leave a consortium or terminate a cooperative arrangement. 
‘‘(f) CONSORTIUM REQUIREMENTS.— 
‘‘(1) ALLIANCE.—Any local educational agency receiving an 
allocation that is not sufficient to conduct a program which 
meets the requirements of section 135 is encouraged to— 
‘‘(A) form a consortium or enter into a cooperative 
agreement with an area career and technical education 
school or educational service agency offering programs that 
meet the requirements of section 135; 
‘‘(B) transfer such allocation to the area career and 
technical education school or educational service agency; 
and 
‘‘(C) operate programs that are of sufficient size, scope, 
and quality to be effective. 
‘‘(2) FUNDS TO CONSORTIUM.—Funds allocated to a consortium 
formed to meet the requirements of this subsection shall 
be used only for purposes and programs that are mutually 
beneficial to all members of the consortium and can be used 
only for programs authorized under this title. Such funds may 
not be reallocated to individual members of the consortium 
for purposes or programs benefitting only 1 member of the 
consortium. 
‘‘(g) DATA.—The Secretary shall collect information from eligible 
agencies regarding the specific dollar allocations made available 
by the eligible agency for career and technical education programs 
under subsections (a), (b), (c), (d), and (e) and how these allocations 
are distributed to local educational agencies, area career and technical 
education schools, and educational service agencies, within 
the State in accordance with this section. 
‘‘(h) SPECIAL RULE.—Each eligible agency distributing funds 
under this section shall treat a secondary school funded by the 
Bureau of Indian Affairs within the State as if such school were 
a local educational agency within the State for the purpose of 
receiving a distribution under this section. 

‘‘SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY EDUCATION 
PROGRAMS. 

‘‘(a) ALLOCATION.— 

‘‘(1) IN GENERAL.—Except as provided in subsections (b) 
and (c) and section 133, each eligible agency shall distribute 
the portion of the funds made available under section 112(a)(1) 
to carry out this section for any fiscal year to eligible institutions 
or consortia of eligible institutions within the State. 

‘‘(2) FORMULA.—Each eligible institution or consortium of 
eligible institutions shall be allocated an amount that bears 
the same relationship to the portion of funds made available 
under section 112(a)(1) to carry out this section for any fiscal 
year as the sum of the number of individuals who are Federal 
Pell Grant recipients and recipients of assistance from the 
Bureau of Indian Affairs enrolled in programs meeting the 
requirements of section 135 offered by such institution or 
consortium in the preceding fiscal year bears to the sum of 
the number of such recipients enrolled in such programs within 
the State for such year. 

‘‘(3) CONSORTIUM REQUIREMENTS.— 

‘‘(A) IN GENERAL.—In order for a consortium of eligible 
institutions described in paragraph (2) to receive assistance 
pursuant to such paragraph, such consortium shall operate 
joint projects that— 

‘‘(i) provide services to all postsecondary institutions 
participating in the consortium; and 

‘‘(ii) are of sufficient size, scope, and quality to 
be effective. 
‘‘(B) FUNDS TO CONSORTIUM.—Funds allocated to a 

consortium formed to meet the requirements of this section 
shall be used only for purposes and programs that are 
mutually beneficial to all members of the consortium and 
shall be used only for programs authorized under this 
title. Such funds may not be reallocated to individual members 
of the consortium for purposes or programs benefitting 
only 1 member of the consortium. 
‘‘(4) WAIVER.—The eligible agency may waive the application 
of paragraph (3)(A)(i) in any case in which the eligible 
institution is located in a rural, sparsely populated area. 

‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Sec
retary may waive the application of subsection (a) if an eligible 
agency submits to the Secretary an application for such a waiver 
that— 
‘‘(1) demonstrates that the formula described in subsection 

(a) does not result in a distribution of funds to the eligible 
institutions or consortia within the State that have the highest 
numbers of economically disadvantaged individuals and that 
an alternative formula will result in such a distribution; and 
‘‘(2) includes a proposal for such an alternative formula. 
‘‘(c) MINIMUM GRANT AMOUNT.— 

‘‘(1) IN GENERAL.—No institution or consortium shall 
receive an allocation under this section in an amount that 
is less than $50,000. 

‘‘(2) REDISTRIBUTION.—Any amounts that are not distributed 
by reason of paragraph (1) shall be redistributed to eligible 
institutions or consortia in accordance with this section. 

‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION. 

‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.— 

‘‘(1) GENERAL AUTHORITY.—Notwithstanding the provisions 
of sections 131 and 132 and in order to make a more equitable 
distribution of funds for programs serving the areas of greatest 
economic need, for any program year for which a minimal 
amount is made available by an eligible agency for distribution 
under section 131 or 132, such eligible agency may distribute 
such minimal amount for such year— 

‘‘(A) on a competitive basis; or 

‘‘(B) through any alternative method determined by 
the eligible agency. 
‘‘(2) MINIMAL AMOUNT.—For purposes of this section, the 

term ‘minimal amount’ means not more than 15 percent of 
the total amount made available for distribution under section 
112(a)(1). 
‘‘(b) REDISTRIBUTION.— 

‘‘(1) IN GENERAL.—In any academic year that an eligible 
recipient does not expend all of the amounts the eligible 
recipient is allocated for such year under section 131 or 132, 
such eligible recipient shall return any unexpended amounts 
to the eligible agency to be reallocated under section 131 or 
132, as appropriate. 

‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN 
ACADEMIC YEAR.—In any academic year in which amounts are 
returned to the eligible agency under section 131 or 132 and 
the eligible agency is unable to reallocate such amounts 
according to such sections in time for such amounts to be 
expended in such academic year, the eligible agency shall retain 
such amounts for distribution in combination with amounts 
provided under section 112(a)(1) for the following academic 
year. 
‘‘(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be 
construed— 
‘‘(1) to prohibit a local educational agency or a consortium 
thereof that receives assistance under section 131, from working 
with an eligible institution or consortium thereof that receives 
assistance under section 132, to carry out career and technical 
education programs at the secondary level in accordance with 
this title; 

‘‘(2) to prohibit an eligible institution or consortium thereof 
that receives assistance under section 132, from working with 
a local educational agency or consortium thereof that receives 
assistance under section 131, to carry out postsecondary and 
adult career and technical education programs in accordance 
with this title; or 

‘‘(3) to require a charter school, that provides career and 
technical education programs and is considered a local educational 
agency under State law, to jointly establish the charter 
school’s eligibility for assistance under this title unless the 
charter school is explicitly permitted to do so under the State’s 
charter school statute. 
‘‘(d) CONSISTENT APPLICATION.—For purposes of this section, 

the eligible agency shall provide funds to charter schools offering 
career and technical education programs in the same manner as 
the eligible agency provides those funds to other schools. Such 
career and technical education programs within a charter school 
shall be of sufficient size, scope, and quality to be effective. 

‘‘SEC. 134. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION 
PROGRAMS. 

‘‘(a) LOCAL PLAN REQUIRED.—Any eligible recipient desiring 
financial assistance under this part shall, in accordance with 
requirements established by the eligible agency (in consultation 
with such other educational training entities as the eligible agency 
determines to be appropriate) submit a local plan to the eligible 
agency. Such local plan shall cover the same period of time as 
the period of time applicable to the State plan submitted under 
section 122. 

‘‘(b) CONTENTS.—The eligible agency shall determine the 
requirements for local plans, except that each local plan shall— 

‘‘(1) describe how the career and technical education programs 
required under section 135(b) will be carried out with 
funds received under this title; 

‘‘(2) describe how the career and technical education activities 
will be carried out with respect to meeting State and 
local adjusted levels of performance established under section 
113; 

‘‘(3) describe how the eligible recipient will— 

‘‘(A) offer the appropriate courses of not less than 1 
of the career and technical programs of study described 
in section 122(c)(1)(A); 

‘‘(B) improve the academic and technical skills of 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— 

‘‘(i) the core academic subjects (as defined in section 
9101 of the Elementary and Secondary Education 
Act of 1965); and 

‘‘(ii) career and technical education subjects; 
‘‘(C) provide students with strong experience in, and 
understanding of, all aspects of an industry; 

‘‘(D) ensure that students who participate in such 
career and technical education programs are taught to 
the same coherent and rigorous content aligned with challenging 
academic standards as are taught to all other students; 
and 

‘‘(E) encourage career and technical education students 
at the secondary level to enroll in rigorous and challenging 
courses in core academic subjects (as defined in section 
9101 of the Elementary and Secondary Education Act of 
1965); 
‘‘(4) describe how comprehensive professional development 

(including initial teacher preparation) for career and technical 
education, academic, guidance, and administrative personnel 
will be provided that promotes the integration of coherent and 
rigorous content aligned with challenging academic standards 
and relevant career and technical education (including curriculum 
development); 

‘‘(5) describe how parents, students, academic and career 
and technical education teachers, faculty, administrators, career 
guidance and academic counselors, representatives of tech prep 
consortia (if applicable), representatives of the entities participating 
in activities described in section 117 of Public Law 
105–220 (if applicable), representatives of business (including 
small business) and industry, labor organizations, representatives 
of special populations, and other interested individuals 
are involved in the development, implementation, and evaluation 
of career and technical education programs assisted under 
this title, and how such individuals and entities are effectively 
informed about, and assisted in understanding, the requirements 
of this title, including career and technical programs 
of study; 

‘‘(6) provide assurances that the eligible recipient will provide 
a career and technical education program that is of such 
size, scope, and quality to bring about improvement in the 
quality of career and technical education programs; 

‘‘(7) describe the process that will be used to evaluate 
and continuously improve the performance of the eligible 
recipient; 

‘‘(8) describe how the eligible recipient will— 

‘‘(A) review career and technical education programs, 
and identify and adopt strategies to overcome barriers that 
result in lowering rates of access to or lowering success 
in the programs, for special populations; 

‘‘(B) provide programs that are designed to enable the 
special populations to meet the local adjusted levels of 
performance; and 

‘‘(C) provide activities to prepare special populations, 
including single parents and displaced homemakers, for 
high skill, high wage, or high demand occupations that 
will lead to self-sufficiency; 
‘‘(9) describe how individuals who are members of special 

populations will not be discriminated against on the basis of 
their status as members of the special populations; 
‘‘(10) describe how funds will be used to promote preparation 
for non-traditional fields; 
‘‘(11) describe how career guidance and academic counseling 
will be provided to career and technical education students, 
including linkages to future education and training opportunities; 
and 
‘‘(12) describe efforts to improve— 

‘‘(A) the recruitment and retention of career and technical 
education teachers, faculty, and career guidance and 
academic counselors, including individuals in groups underrepresented 
in the teaching profession; and 

‘‘(B) the transition to teaching from business and 
industry. 

‘‘SEC. 135. LOCAL USES OF FUNDS. 

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

‘‘(i) effective integration and use of challenging 
academic and career and technical education provided 
jointly with academic teachers to the extent practicable; 
‘‘(ii) effective teaching skills based on research that 
includes promising practices; 
‘‘(iii) effective practices to improve parental and 
community involvement; and 
‘‘(iv) effective use of scientifically based research 
and data to improve instruction; 

‘‘(B) support of education programs for teachers of 
career and technical education in public schools and other 
public school personnel who are involved in the direct 
delivery of educational services to career and technical 
education students, to ensure that such teachers and personnel 
stay current with all aspects of an industry; 

‘‘(C) internship programs that provide relevant business 
experience; and 

‘‘(D) programs designed to train teachers specifically 
in the effective use and application of technology to improve 
instruction; 

‘‘(6) develop and implement evaluations of the career and 
technical education programs carried out with funds under 
this title, including an assessment of how the needs of special 
populations are being met; 

‘‘(7) initiate, improve, expand, and modernize quality career 
and technical education programs, including relevant technology; 

‘‘(8) provide services and activities that are of sufficient 
size, scope, and quality to be effective; and 

‘‘(9) provide activities to prepare special populations, 
including single parents and displaced homemakers who are 
enrolled in career and technical education programs, for high 
skill, high wage, or high demand occupations that will lead 
to self-sufficiency. 
‘‘(c) PERMISSIVE.—Funds made available to an eligible recipient 
under this title may be used— 
‘‘(1) to involve parents, businesses, and labor organizations 
as appropriate, in the design, implementation, and evaluation 
of career and technical education programs authorized under 
this title, including establishing effective programs and procedures 
to enable informed and effective participation in such 
programs; 
‘‘(2) to provide career guidance and academic counseling, 
which may include information described in section 118, for 
students participating in career and technical education programs, 
that— 
‘‘(A) improves graduation rates and provides information 
on postsecondary and career options, including baccalaureate 
degree programs, for secondary students, which 
activities may include the use of graduation and career 
plans; and 
‘‘(B) provides assistance for postsecondary students, 
including for adult students who are changing careers or 
updating skills; 
‘‘(3) for local education and business (including small business) 
partnerships, including for— 

‘‘(A) work-related experiences for students, such as 
internships, cooperative education, school-based enterprises, 
entrepreneurship, and job shadowing that are 
related to career and technical education programs; 

‘‘(B) adjunct faculty arrangements for qualified 
industry professionals; and 

‘‘(C) industry experience for teachers and faculty; 
‘‘(4) to provide programs for special populations; 
‘‘(5) to assist career and technical student organizations; 
‘‘(6) for mentoring and support services; 
‘‘(7) for leasing, purchasing, upgrading or adapting equip
ment, including instructional aids and publications (including 
support for library resources) designed to strengthen and support 
academic and technical skill achievement; 

‘‘(8) for teacher preparation programs that address the 
integration of academic and career and technical education 
and that assist individuals who are interested in becoming 
career and technical education teachers and faculty, including 
individuals with experience in business and industry; 

‘‘(9) to develop and expand postsecondary program offerings 
at times and in formats that are accessible for students, 
including working students, including through the use of distance 
education; 

‘‘(10) to develop initiatives that facilitate the transition 
of subbaccalaureate career and technical education students 
into baccalaureate degree programs, including— 

‘‘(A) articulation agreements between sub-baccalaureate 
degree granting career and technical education 
postsecondary educational institutions and baccalaureate 
degree granting postsecondary educational institutions; 

‘‘(B) postsecondary dual and concurrent enrollment programs; 

‘‘(C) academic and financial aid counseling for sub-
baccalaureate career and technical education students that 
informs the students of the opportunities for pursuing a 
baccalaureate degree and advises the students on how to 
meet any transfer requirements; and 

‘‘(D) other initiatives— 
‘‘(i) to encourage the pursuit of a baccalaureate 
degree; and 

‘‘(ii) to overcome barriers to enrollment in and 
completion of baccalaureate degree programs, including 
geographic and other barriers affecting rural students 
and special populations; 

‘‘(11) to provide activities to support entrepreneurship education 
and training; 

‘‘(12) for improving or developing new career and technical 
education courses, including the development of new proposed 
career and technical programs of study for consideration by 
the eligible agency and courses that prepare individuals academically 
and technically for high skill, high wage, or high 
demand occupations and dual or concurrent enrollment 
opportunities by which career and technical education students 
at the secondary level could obtain postsecondary credit to 
count towards an associate or baccalaureate degree; 

‘‘(13) to develop and support small, personalized careerthemed 
learning communities; 

‘‘(14) to provide support for family and consumer sciences 
programs; 

‘‘(15) to provide career and technical education programs 
for adults and school dropouts to complete the secondary school 
education, or upgrade the technical skills, of the adults and 
school dropouts; 

‘‘(16) to provide assistance to individuals who have participated 
in services and activities under this Act in continuing 
their education or training or finding an appropriate job, such 
as through referral to the system established under section 
121 of Public Law 105–220 (29 U.S.C. 2801 et seq.); 

‘‘(17) to support training and activities (such as mentoring 
and outreach) in non-traditional fields; 
‘‘(18) to provide support for training programs in automotive 
technologies; 

‘‘(19) to pool a portion of such funds with a portion of 
funds available to not less than 1 other eligible recipient for 
innovative initiatives, which may include— 

‘‘(A) improving the initial preparation and professional 
development of career and technical education teachers, 
faculty, administrators, and counselors; 

‘‘(B) establishing, enhancing, or supporting systems 
for— 
‘‘(i) accountability data collection under this Act; 
or 
‘‘(ii) reporting data under this Act; 
‘‘(C) implementing career and technical programs of 
study described in section 122(c)(1)(A); or 
‘‘(D) implementing technical assessments; and 

‘‘(20) to support other career and technical education activities 
that are consistent with the purpose of this Act. 
‘‘(d) ADMINISTRATIVE COSTS.—Each eligible recipient receiving 
funds under this part shall not use more than 5 percent of the 
funds for administrative costs associated with the administration 
of activities assisted under this section. 

‘‘TITLE II—TECH PREP EDUCATION 

‘‘SEC. 201. STATE ALLOTMENT AND APPLICATION. 

‘‘(a) IN GENERAL.—For any fiscal year, the Secretary shall allot 
the amount made available under section 206 among the States 
in the same manner as funds are allotted to States under paragraph 

(2) of section 111(a). 
‘‘(b) PAYMENTS TO ELIGIBLE AGENCIES.—The Secretary shall 
make a payment in the amount of a State’s allotment under subsection 
(a) to the eligible agency that serves the State and has 
an application approved under subsection (c). 

‘‘(c) STATE APPLICATION.—Each eligible agency desiring an allotment 
under this title shall submit, as part of its State plan under 
section 122, an application that— 

‘‘(1) describes how activities under this title will be coordinated, 
to the extent practicable, with activities described in 
the State plan submitted under section 122; and 

‘‘(2) contains such information as the Secretary may 
require. 
 
‘‘SEC. 202. CONSOLIDATION OF FUNDS. 

‘‘(a) IN GENERAL.—An eligible agency receiving an allotment 
under sections 111 and 201 may choose to consolidate all, or a 
portion of, funds received under section 201 with funds received 
under section 111 in order to carry out the activities described 
in the State plan submitted under section 122. 

‘‘(b) NOTIFICATION REQUIREMENT.—Each eligible agency that 
chooses to consolidate funds under this section shall notify the 
Secretary, in the State plan submitted under section 122, of the 
eligible agency’s decision to consolidate funds under this section. 

‘‘(c) TREATMENT OF CONSOLIDATED FUNDS.—Funds consolidated 
under this section shall be considered as funds allotted under 
section 111 and shall be distributed in accordance with section 

112. 
‘‘SEC. 203. TECH PREP PROGRAM. 

‘‘(a) GRANT PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—From amounts made available to each 
eligible agency under section 201, the eligible agency, in accordance 
with the provisions of this title, shall award grants, on 
a competitive basis or on the basis of a formula determined 
by the eligible agency, for tech prep programs described in 
subsection (c). The grants shall be awarded to consortia between 
or among— 

‘‘(A) a local educational agency, an intermediate educational 
agency, educational service agency, or area career 
and technical education school, serving secondary school 
students, or a secondary school funded by the Bureau of 
Indian Affairs; and 

‘‘(B)(i) a nonprofit institution of higher education that— 
‘‘(I)(aa) offers a 2-year associate degree program 
or a 2-year certificate program; and 

‘‘(bb) is qualified as an institution of higher education 
pursuant to section 102 of the Higher Education 
Act of 1965, including— 

‘‘(AA) an institution receiving assistance under 
the Tribally Controlled College or University 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.); 
and 

‘‘(BB) a tribally controlled postsecondary 
career and technical institution; or 
‘‘(II) offers a 2-year apprenticeship program that 
follows secondary education instruction, 
if such nonprofit institution of higher education is not 
prohibited from receiving assistance under part B of title 
IV of the Higher Education Act of 1965 pursuant to the 
provisions of section 435(a)(2) of such Act; or 

‘‘(ii) a proprietary institution of higher education that 
offers a 2-year associate degree program and is qualified 
as an institution of higher education pursuant to section 
102 of the Higher Education Act of 1965, if such proprietary 
institution of higher education is not subject to a default 
management plan required by the Secretary. 
‘‘(2) SPECIAL RULE.—In addition, a consortium described 
in paragraph (1) may include 1 or more— 
‘‘(A) institutions of higher education that award a 
baccalaureate degree; and 

‘‘(B) employers (including small businesses), business 
intermediaries, or labor organizations. 

‘‘(b) DURATION.—Each consortium receiving a grant under this 
title shall use amounts provided under the grant to develop and 
operate a 4- or 6-year tech prep program described in subsection 
(c). 

‘‘(c) CONTENTS OF TECH PREP PROGRAM.—Each tech prep program 
shall— 
‘‘(1) be carried out under an articulation agreement between 
the participants in the consortium; 
‘‘(2) consist of a program of study that— 
‘‘(A) combines— 
‘‘(i) a minimum of 2 years of secondary education 
(as determined under State law); with 
‘‘(ii)(I) a minimum of 2 years of postsecondary education 
in a nonduplicative, sequential course of study; 
or 

‘‘(II) an apprenticeship program of not less than 
2 years following secondary education instruction; and 

‘‘(B) integrates academic and career and technical edu
cation instruction, and utilizes work-based and worksite 
learning experiences where appropriate and available; 

‘‘(C) provides technical preparation in a career field, 
including high skill, high wage, or high demand occupations; 

‘‘(D) builds student competence in technical skills and 
in core academic subjects (as defined in section 9101 of 
the Elementary and Secondary Education Act of 1965), 
as appropriate, through applied, contextual, and integrated 
instruction, in a coherent sequence of courses; 

‘‘(E) leads to technical skill proficiency, an industry-
recognized credential, a certificate, or a degree, in a specific 
career field; 

‘‘(F) leads to placement in high skill or high wage 
employment, or to further education; and 

‘‘(G) utilizes career and technical education programs 
of study, to the extent practicable; 
‘‘(3) include the development of tech prep programs for 
secondary education and postsecondary education that— 
‘‘(A) meet academic standards developed by the State; 
‘‘(B) link secondary schools and 2-year postsecondary 
institutions, and if possible and practicable, 4-year institutions 
of higher education, through— 
‘‘(i) nonduplicative sequences of courses in career 
fields; 
‘‘(ii) the use of articulation agreements; and 
‘‘(iii) the investigation of opportunities for tech 
prep secondary education students to enroll concurrently 
in secondary education and postsecondary education 
coursework; 
‘‘(C) use, if appropriate and available, work-based or 
worksite learning experiences in conjunction with business 
and all aspects of an industry; and 

‘‘(D) use educational technology and distance learning, 
as appropriate, to involve all the participants in the consortium 
more fully in the development and operation of programs; 
 
‘‘(4) include in-service professional development for 
teachers, faculty, and administrators that— 
‘‘(A) supports effective implementation of tech prep 
programs; 
‘‘(B) supports joint training in the tech prep consortium; 
‘‘(C) supports the needs, expectations, and methods 
of business and all aspects of an industry; 
‘‘(D) supports the use of contextual and applied curricula, 
instruction, and assessment; 
‘‘(E) supports the use and application of technology; 
and 
‘‘(F) assists in accessing and utilizing data, information 
available pursuant to section 118, and information on student 
achievement, including assessments; 
‘‘(5) include professional development programs for coun
selors designed to enable counselors to more effectively— 
‘‘(A) provide information to students regarding tech 
prep programs; 
‘‘(B) support student progress in completing tech prep 
programs, which may include the use of graduation and 
career plans; 
‘‘(C) provide information on related employment 
opportunities; 
‘‘(D) ensure that students are placed in appropriate 
employment or further postsecondary education; 
‘‘(E) stay current with the needs, expectations, and 
methods of business and all aspects of an industry; and 
‘‘(F) provide comprehensive career guidance and academic 
counseling to participating students, including special 
populations; 
‘‘(6) provide equal access, to the full range of technical 
preparation programs (including preapprenticeship programs), 
to individuals who are members of special populations, 
including the development of tech prep program services appropriate 
to the needs of special populations; 
‘‘(7) provide for preparatory services that assist participants 
in tech prep programs; and 
‘‘(8) coordinate with activities conducted under title I. 
‘‘(d) ADDITIONAL AUTHORIZED ACTIVITIES.—Each tech prep program 
may— 

‘‘(1) provide for the acquisition of tech prep program equipment; 
‘‘(2) acquire technical assistance from State or local entities 
that have designed, established, and operated tech prep programs 
that have effectively used educational technology and 
distance learning in the delivery of curricula and services; 
‘‘(3) establish articulation agreements with institutions of 
higher education, labor organizations, or businesses located 
inside or outside the State and served by the consortium, especially 
with regard to using distance learning and educational 
technology to provide for the delivery of services and programs; 
‘‘(4) improve career guidance and academic counseling for 
participating students through the development and 
implementation of graduation and career plans; and 
‘‘(5) develop curriculum that supports effective transitions 
between secondary and postsecondary career and technical education 
programs. 

‘‘(e) INDICATORS OF PERFORMANCE AND ACCOUNTABILITY.— 
‘‘(1) IN GENERAL.—Each consortium shall establish and 
report to the eligible agency indicators of performance for each 
tech prep program for which the consortium receives a grant 
under this title. The indicators of performance shall include 
the following: 

‘‘(A) The number of secondary education tech prep 
students and postsecondary education tech prep students 
served. 

‘‘(B) The number and percent of secondary education 
tech prep students enrolled in the tech prep program who— 
‘‘(i) enroll in postsecondary education; 
‘‘(ii) enroll in postsecondary education in the same 
field or major as the secondary education tech prep 
students were enrolled at the secondary level; 
‘‘(iii) complete a State or industry-recognized certification 
or licensure; 
‘‘(iv) successfully complete, as a secondary school 
student, courses that award postsecondary credit at 
the secondary level; and 
‘‘(v) enroll in remedial mathematics, writing, or 
reading courses upon entering postsecondary education. 

‘‘(C) The number and percent of postsecondary edu
cation tech prep students who— 

‘‘(i) are placed in a related field of employment 
not later than 12 months after graduation from the 
tech prep program; 
‘‘(ii) complete a State or industry-recognized certification 
or licensure; 
‘‘(iii) complete a 2-year degree or certificate program 
within the normal time for completion of such 
program; and 
‘‘(iv) complete a baccalaureate degree program 
within the normal time for completion of such program. 

‘‘(2) NUMBER AND PERCENT.—For purposes of subparagraphs 
(B) and (C) of paragraph (1), the numbers and percentages 
shall be determined separately with respect to each clause 
of each such subparagraph. 

‘‘SEC. 204. CONSORTIUM APPLICATIONS. 

‘‘(a) IN GENERAL.—Each consortium that desires to receive a 
grant under this title shall submit an application to the eligible 
agency at such time and in such manner as the eligible agency 
shall require. 

‘‘(b) PLAN.—Each application submitted under this section shall 
contain a 6-year plan for the development and implementation 
of tech prep programs under this title, which plan shall be reviewed 
after the second year of the plan. 

‘‘(c) APPROVAL.—The eligible agency shall approve applications 
under this title based on the potential of the activities described 
in the application to create an effective tech prep program. 

‘‘(d) SPECIAL CONSIDERATION.—The eligible agency, as appropriate, 
shall give special consideration to applications that— 

‘‘(1) provide for effective employment placement activities 
or the transfer of students to baccalaureate or advanced degree 
programs; 
‘‘(2) are developed in consultation with business, industry, 
institutions of higher education, and labor organizations; 
‘‘(3) address effectively the issues of school dropout prevention 
and reentry, and the needs of special populations; 
‘‘(4) provide education and training in an area or skill, 
including an emerging technology, in which there is a significant 
workforce shortage based on the data provided by the 
eligible entity in the State under section 118; 
‘‘(5) demonstrate how tech prep programs will help students 
meet high academic and employability competencies; and 
‘‘(6) demonstrate success in, or provide assurances of, 
coordination and integration with eligible recipients described 
in part C of title I. 

‘‘(e) PERFORMANCE LEVELS.— 

‘‘(1) IN GENERAL.—Each consortium receiving a grant under 
this title shall enter into an agreement with the eligible agency 
to meet a minimum level of performance for each of the performance 
indicators described in sections 113(b) and 203(e). 
‘‘(2) RESUBMISSION OF APPLICATION; TERMINATION OF 
FUNDS.—An eligible agency— 

‘‘(A) shall require consortia that do not meet the 
performance levels described in paragraph (1) for 3 consecutive 
years to resubmit an application to the eligible agency 
for a tech prep program grant; and 
‘‘(B) may choose to terminate the funding for the tech 
prep program for a consortium that does not meet the 
performance levels described in paragraph (1) for 3 consecutive 
years, including when the grants are made on the 
basis of a formula determined by the eligible agency. 

‘‘(f) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In awarding 
grants under this title, the eligible agency shall ensure an equitable 
distribution of assistance between or among urban and rural participants 
in the consortium. 

‘‘SEC. 205. REPORT. 

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

‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

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

‘‘TITLE III—GENERAL PROVISIONS 

‘‘PART A—FEDERAL ADMINISTRATIVE PROVISIONS 

‘‘SEC. 311. FISCAL REQUIREMENTS. 

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

‘‘(b) MAINTENANCE OF EFFORT.— 
‘‘(1) DETERMINATION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraphs 
(B) and (C), no payments shall be made under 
this Act for any fiscal year to a State for career and 
technical education programs or tech prep programs unless 
the Secretary determines that the fiscal effort per student 
or the aggregate expenditures of such State for career 
and technical education programs for the fiscal year preceding 
the fiscal year for which the determination is made, 
equaled or exceeded such effort or expenditures for career 
and technical education programs for the second fiscal year 
preceding the fiscal year for which the determination is 
made. 

‘‘(B) COMPUTATION.—In computing the fiscal effort or 
aggregate expenditures pursuant to subparagraph (A), the 
Secretary shall exclude capital expenditures, special 1-time 
project costs, and the cost of pilot programs. 

‘‘(C) DECREASE IN FEDERAL SUPPORT.—If the amount 
made available for career and technical education programs 
under this Act for a fiscal year is less than the amount 
made available for career and technical education programs 
under this Act for the preceding fiscal year, then the fiscal 
effort per student or the aggregate expenditures of a State 
required by subparagraph (A) for the preceding fiscal year 
shall be decreased by the same percentage as the percentage 
decrease in the amount so made available. 
‘‘(2) WAIVER.—The Secretary may waive the requirements 

of this section, with respect to not more than 5 percent of 
expenditures by any eligible agency for 1 fiscal year only, 
on making a determination that such waiver would be equitable 
due to exceptional or uncontrollable circumstances affecting 
the ability of the eligible agency to meet such requirements, 
such as a natural disaster or an unforeseen and precipitous 
decline in financial resources. No level of funding permitted 
under such a waiver may be used as the basis for computing 
the fiscal effort or aggregate expenditures required under this 
section for years subsequent to the year covered by such waiver. 
The fiscal effort or aggregate expenditures for the subsequent 
years shall be computed on the basis of the level of funding 
that would, but for such waiver, have been required. 

‘‘SEC. 312. AUTHORITY TO MAKE PAYMENTS. 

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

‘‘SEC. 313. CONSTRUCTION. 

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

‘‘SEC. 314. VOLUNTARY SELECTION AND PARTICIPATION. 

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

‘‘(1) to require any secondary school student to choose or 
pursue a specific career path or major; or 

‘‘(2) to mandate that any individual participate in a career 
and technical education program, including a career and technical 
education program that requires the attainment of a 
federally funded skill level, standard, or certificate of mastery. 

‘‘SEC. 315. LIMITATION FOR CERTAIN STUDENTS. 

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

‘‘SEC. 316. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS. 

‘‘Nothing in this Act shall be construed to be inconsistent with 
applicable Federal law prohibiting discrimination on the basis of 
race, color, sex, national origin, age, or disability in the provision 
of Federal programs or services. 

‘‘SEC. 317. PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND 
CHILDREN. 

‘‘(a) PERSONNEL.—An eligible agency or eligible recipient that 
uses funds under this Act for in-service and preservice career and 
technical education professional development programs for career 
and technical education teachers, administrators, and other personnel 
shall, to the extent practicable, upon written request, permit 
the participation in such programs of career and technical education 
secondary school teachers, administrators, and other personnel in 
nonprofit private schools offering career and technical secondary 
education programs located in the geographical area served by 
such eligible agency or eligible recipient. 

‘‘(b) STUDENT PARTICIPATION.— 

‘‘(1) STUDENT PARTICIPATION.—Except as prohibited by 
State or local law, an eligible recipient may, upon written 
request, use funds made available under this Act to provide 
for the meaningful participation, in career and technical education 
programs and activities receiving funding under this 
Act, of secondary school students attending nonprofit private 
schools who reside in the geographical area served by the 
eligible recipient. 

‘‘(2) CONSULTATION.—An eligible recipient shall consult, 
upon written request, in a timely and meaningful manner with 
representatives of nonprofit private schools in the geographical 
area served by the eligible recipient described in paragraph 

(1) regarding the meaningful participation, in career and technical 
education programs and activities receiving funding under 
this Act, of secondary school students attending nonprofit private 
schools. 
‘‘SEC. 318. LIMITATION ON FEDERAL REGULATIONS. 

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

‘‘PART B—STATE ADMINISTRATIVE PROVISIONS 

‘‘SEC. 321. JOINT FUNDING. 

‘‘(a) GENERAL AUTHORITY.—Funds made available to eligible 
agencies under this Act may be used to provide additional funds 
under an applicable program if— 

‘‘(1) such program otherwise meets the requirements of 
this Act and the requirements of the applicable program; 

‘‘(2) such program serves the same individuals that are 
served under this Act; 

‘‘(3) such program provides services in a coordinated 
manner with services provided under this Act; and 

‘‘(4) such funds are used to supplement, and not supplant, 
funds provided from non-Federal sources. 

‘‘(b) APPLICABLE PROGRAM.—For the purposes of this section, 
the term ‘applicable program’ means any program under any of 
the following provisions of law: 
‘‘(1) Chapters 4 and 5 of subtitle B of title I of Public 
Law 105–220. 
‘‘(2) The Wagner-Peyser Act. 

‘‘(c) USE OF FUNDS AS MATCHING FUNDS.—For the purposes 
of this section, the term ‘additional funds’ does not include funds 
used as matching funds. 

‘‘SEC. 322. PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE 
RELOCATION OF BUSINESSES. 

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

‘‘SEC. 323. STATE ADMINISTRATIVE COSTS. 

‘‘(a) GENERAL RULE.—Except as provided in subsection (b), for 
each fiscal year for which an eligible agency receives assistance 
under this Act, the eligible agency shall provide, from non-Federal 
sources for the costs the eligible agency incurs for the administration 
of programs under this Act, an amount that is not less than 
the amount provided by the eligible agency from non-Federal 
sources for such costs for the preceding fiscal year. 

‘‘(b) EXCEPTION.—If the amount made available from Federal 
sources for the administration of programs under this Act for a 
fiscal year (referred to in this section as the ‘determination year’) 
is less than the amount made available from Federal sources for 
the administration of programs under this Act for the preceding 
fiscal year, then the amount the eligible agency is required to 
provide from non-Federal sources for costs the eligible agency incurs 
for the administration of programs under this Act for the determination 
year under subsection (a) shall bear the same ratio to the 
amount the eligible agency provided from non-Federal sources for 
such costs for the preceding fiscal year, as the amount made available 
from Federal sources for the administration of programs under 
this Act for the determination year bears to the amount made 
available from Federal sources for the administration of programs 
under this Act for the preceding fiscal year. 

‘‘SEC. 324. STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS. 

‘‘(a) ATTENDANCE COSTS NOT TREATED AS INCOME OR 
RESOURCES.—The portion of any student financial assistance 
received under this Act that is made available for attendance costs 
described in subsection (b) shall not be considered as income or 
resources in determining eligibility for assistance under any other 
program funded in whole or in part with Federal funds. 

‘‘(b) ATTENDANCE COSTS.—The attendance costs described in 
this subsection are— 

‘‘(1) tuition and fees normally assessed a student carrying 
an academic workload as determined by the institution, and 
including costs for rental or purchase of any equipment, materials, 
or supplies required of all students in that course of 
study; and 

‘‘(2) an allowance for books, supplies, transportation, 
dependent care, and miscellaneous personal expenses for a 
student attending the institution on at least a half-time basis, 
as determined by the institution. 
‘‘(c) COSTS OF CAREER AND TECHNICAL EDUCATION SERVICES.— 
Funds made available under this Act may be used to pay for 
the costs of career and technical education services required in 
an individualized education program developed pursuant to section 
614(d) of the Individuals with Disabilities Education Act and services 
necessary to meet the requirements of section 504 of the 
Rehabilitation Act of 1973 with respect to ensuring equal access 
to career and technical education.’’. 

SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. 

(a) IMMIGRATION AND NATIONALITY ACT.—Section 245A(h)(4)(C) 
of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) 
is amended by striking ‘‘Carl D. Perkins Vocational and Technical 
Education Act of 1998’’ and inserting ‘‘The Carl D. Perkins Career 
and Technical Education Act of 2006’’. 
(b) TRADE ACT OF 1974.—The Trade Act of 1974 (19 U.S.C. 
2101 et seq.) is amended— 
(1) in section 231(c)(1)(F) (19 U.S.C. 2291(c)(1)(F))— 
(A) by striking ‘‘area vocational education schools’’ and 
inserting ‘‘area career and technical education schools’’; 
and 
(B) by striking ‘‘Carl D. Perkins Vocational and Technical 
Education Act of 1998’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; and 
(2) in section 236(a)(1)(D) (19 U.S.C. 2296(a)(1)(D)), by 
striking ‘‘area vocational’’ and all that follows through ‘‘Act 
of 1963’’ and inserting ‘‘area career and technical education 
schools, as defined in section 3 of the Carl D. Perkins Career 
and Technical Education Act of 2006’’. 
(c) HIGHER EDUCATION ACT OF 1965.—The Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 
(1) in section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A))— 
(A) by striking ‘‘section 521(4)(C)’’ and inserting ‘‘section 
3(3)(C)’’; and 
(B) by striking ‘‘Carl D. Perkins Vocational and Applied 
Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; and 
(2) in section 484(l)(1)(B)(i) (20 U.S.C. 1091(l)(1)(B)(i)), by 
striking ‘‘section 521(4)(C) of the Carl D. Perkins Vocational 
and Technical Education Act of 1998’’ and inserting ‘‘section 
3(C) of the Carl D. Perkins Career and Technical Education 
Act of 2006’’. 
(d) EDUCATION FOR ECONOMIC SECURITY ACT.—Section 3(1) of 
the Education for Economic Security Act (20 U.S.C. 3902(1)) is 
amended— 
(1) by striking ‘‘area vocational education school’’ and 
inserting ‘‘area career and technical education school’’; and 
(2) by striking ‘‘section 521(3) of the Carl D. Perkins Vocational 
Educational Act..’’ and inserting ‘‘section 3(3) of the Carl 
D. Perkins Career and Technical Education Act of 2006.’’. 
(e) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section 
4(b)(2) of the Education Flexibility Partnership Act of 1999 (20 
U.S.C. 5891b(b)(2)) is amended by striking ‘‘Carl D. Perkins Vocational 
and Technical Education Act of 1998’’ and inserting ‘‘Carl 
D. Perkins Career and Technical Education Act of 2006’’. 
(f) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.— 
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.) is amended— 
(1) in section 1111(a)(1) (20 U.S.C. 6311(a)(1)), by striking 
‘‘Carl D. Perkins Vocational and Technical Education Act of 
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 
Education Act of 2006’’; 
(2) in section 1112(a)(1) (20 U.S.C. 6312(a)(1)), by striking 
‘‘Carl D. Perkins Vocational and Technical Education Act of 
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 
Education Act of 2006’’; 
(3) in section 1114(b)(2)(B)(v) (20 U.S.C. 6314(b)(2)(B)(v)), 
by striking ‘‘Carl D. Perkins Vocational and Technical Education 
Act of 1998’’ and inserting ‘‘the Carl D. Perkins Career 
and Technical Education Act of 2006’’; and 
(4) in section 7115(b)(5) (20 U.S.C. 7425(b)(5)), by striking 
‘‘Carl D. Perkins Vocational and Technical Education Act of 
1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 
Education Act of 2006’’. 
(g) WAGNER-PEYSER ACT.—Section 15(f) of the Wagner-Peyser 
Act (29 U.S.C. 49l–2(f)) is amended by striking ‘‘Carl D. Perkins 
Vocational and Applied Technology Education Act’’ and inserting 
‘‘Carl D. Perkins Career and Technical Education Act of 2006’’. 
(h) PUBLIC LAW 105–220.—Public Law 105–220 is amended— 
(1) in section 101(3) (29 U.S.C. 2801(3))— 
(A) by striking ‘‘given the term’’ and inserting ‘‘given 
the term ‘area career and technical education school’’’; 
and 
(B) by striking ‘‘Carl D. Perkins Vocational and Technical 
Education Act of 1998’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; 
(2) in section 101(50) (29 U.S.C. 2801(50)), by striking 
‘‘given’’ and all that follows through the period at the end 
and inserting ‘‘given the term ‘career and technical education’ 
in section 3 of the Carl D. Perkins Career and Technical Education 
Act of 2006.’’; 
(3) in section 111(d)(3) (29 U.S.C. 2821(d)(3)), by striking 
‘‘section 113(b)(14) of the Carl D. Perkins Vocational and 
Applied Technology Education Act’’ and inserting ‘‘section 
113(b)(3) of the Carl D. Perkins Career and Technical Education 
Act of 2006’’; 
(4) in section 112(b)(8)(A)(iii) (29 U.S.C. 2822(b)(8)(A)(iii))— 
(A) by striking ‘‘postsecondary vocational education 
activities’’ and inserting ‘‘career and technical education 
activities at the postsecondary level’’; and 
(B) by striking ‘‘Carl D. Perkins Vocational and Applied 
Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; 
(5) in section 121(b)(1)(B)(vii) (29 U.S.C. 
2841(b)(1)(B)(vii))— 
(A) by striking ‘‘postsecondary vocational education 
activities’’ and inserting ‘‘career and technical education 
activities at the postsecondary level’’; and 
(B) by striking ‘‘Carl D. Perkins Vocational and Applied 
Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; 
(6) in section 134(d)(2)(F) (29 U.S.C. 2864(d)(2)(F)), by 
striking ‘‘postsecondary vocational’’ and all that follows through 
‘‘Education Act’’ and inserting ‘‘career and technical education 
activities at the postsecondary level, and career and technical 
education activities available to school dropouts, under the 
Carl D. Perkins Career and Technical Education Act of 2006’’; 
(7) in section 501(b)(2)(A) (20 U.S.C. 9271(b)(2)(A))— 
(A) by striking ‘‘secondary vocational education programs’’ 
and inserting ‘‘career and technical education programs 
at the secondary level’’; and 
(B) by striking ‘‘Carl D. Perkins Vocational and Applied 
Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; 
(8) in section 501(b)(2)(B) (20 U.S.C. 9271(b)(2)(B))— 
(A) by striking ‘‘postsecondary vocational education 
programs’’ and inserting ‘‘career and technical education 
programs at the postsecondary level’’; and 
(B) by striking ‘‘Carl D. Perkins Vocational and Applied 
Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’; and 
(9) in section 501(d)(2)(B) (20 U.S.C. 9271(d)(2)(B)), by 
striking ‘‘Carl D. Perkins Vocational and Applied Technology 
Education Act’’ and inserting ‘‘Carl D. Perkins Career and 
Technical Education Act of 2006’’. 
(i) TITLE 31.—Section 6703(a)(12) of title 31, United States 
Code, is amended by striking ‘‘Carl D. Perkins Vocational and 
Applied Technology Education Act’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’. 
(j) TITLE 40.—Section 14507(a)(1)(A)(iv) of title 40, United 
States Code, is amended by striking ‘‘Carl D. Perkins Vocational 
and Technical Education Act of 1998’’ and inserting ‘‘Carl D. Perkins 
Career and Technical Education Act of 2006’’. 
(k) OLDER AMERICANS ACT OF 1965.—The Older Americans 
Act of 1965 (42 U.S.C. 3001 et seq.) is amended— 
(1) in section 502(b)(1)(N)(i) (42 U.S.C. 3056(b)(1)(N)(i)), 
by striking ‘‘Carl D. Perkins Vocational and Technical Education 
Act of 1998’’ and inserting ‘‘Carl D. Perkins Career 
and Technical Education Act of 2006’’; 
(2) in section 503(b)(2) (42 U.S.C. 3056a(b)(2)), by striking 
‘‘Carl D. Perkins Vocational and Technical Education Act of 
1998’’ each place that term appears and inserting ‘‘Carl D. 
Perkins Career and Technical Education Act of 2006’’; and 
(3) in section 505(c)(2) (42 U.S.C. 3056c(c)(2)), by striking 
‘‘Vocational and Technical Education Act of 1998’’ and inserting 
‘‘Career and Technical Education Act of 2006’’. 
(l) COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 
2003.—Section 105(f)(1)(B)(iii) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(iii)) is amended 
by striking ‘‘Carl D. Perkins Vocational and Technical Education 
Act of 1998’’ and inserting ‘‘Carl D. Perkins Career and Technical 
Education Act of 2006’’. 

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