H. Rept. 105-177 - CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS OF 1997105th Congress (1997-1998)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.1853 |
| Committees: |
Reports for H.R.1853
H. Rept. 105-177 - 105th Congress (1997-1998)
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House Report 105-177 - CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS OF 1997
[House Report 105-177]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-177
_______________________________________________________________________
CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS OF 1997
_______________________________________________________________________
July 14, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodling, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
ADDITIONAL AND MINORITY VIEWS
[To accompany H.R. 1853]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 1853) to amend the Carl D. Perkins
Vocational and Applied Technology Education Act, having
considered the same report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carl D. Perkins Vocational-Technical
Education Act Amendments of 1997''.
SEC. 2. REFERENCES TO ACT.
(a) Short Title of Act.--Section 1(a) of the Act is amended by
striking ``(a) Short Title.--'' and further by striking ``Vocational
and Applied Technology'' and inserting ``Vocational-Technical''.
(b) References to Act.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a title, chapter, part, subpart, section,
subsection, or other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection, or other
provision of the Carl D. Perkins Vocational-Technology Education Act as
amended in subsection (a).
SEC. 3. TABLE OF CONTENTS.
Section 1(b) is repealed.
SEC. 4. PURPOSE.
Section 2 of the Act is amended to read as follows:
``SEC. 2. PURPOSE.
``It is the purpose of this Act to develop more fully the academic,
occupational, and technical skills of individuals participating in
vocational-technical education programs. This purpose will be achieved
through concentrating resources on improving vocational-technical
education programs leading to academic and technical skill competencies
needed to work in a technologically advanced society.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act is amended--
(1) in subsection (a) by striking ``$1,600,000,000'' and all
that follows and inserting ``$1,300,000,000, for fiscal year
1998 and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out the provisions of titles I
and II.'';
(2) by amending subsection (b) to read as follows:
``(b) Title I.--Of the amounts made available under subsection (a)--
``(1) 1.5 percent shall be reserved to carry out section 103,
relating to Indian and Native Hawaiians programs; and
``(2) 0.2 percent shall be reserved to carry out section
101A, relating to the territories.''; and
(3) by striking subsections (c) through (f).
TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
SEC. 101. ALLOTMENT.
(a) In General.--Title I is amended by striking the matter preceding
the text of section 101 and inserting the following:
``TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``PART A--ALLOTMENT AND ALLOCATION''
``SEC. 101. ALLOTMENT.''.
(b) Allotment.--
(1) Paragraphs (1) and (2) of section 101(a) are amended to
read as follows:
``(a) Specific Populations.--'';
``(1) In general.--In each fiscal year, from amounts made
available under section 3(a), the Secretary shall reserve--
``(A) 1.5 percent to carry out section 103, of
which--
``(i) 1.25 percent shall be available to
carry out section 103(c); and
``(ii) 0.25 percent shall be available to
carry out section 103(i); and
``(B) 0.2 percent for the purpose of carrying out
section 101A.''; and
``(2) Remainder of funds.--From the remainder of the sums
appropriated pursuant to section 3, the Secretary shall allot
to each State for each fiscal year--
``(A) an amount which bears the same ratio to 50
percent of the sums 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; and
``(B) an amount which bears the same ratio to 50
percent of the sums 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.'';
(2) Paragraph (3) of section 101(a) is amended--
(A) by striking subparagraphs (A) and (C);
(B) by redesignating subparagraphs (B) and (D) as (A)
and (B), respectively;
(C) in subparagraph (A), as redesignated, by striking
clause (i), and inserting the following:
``(i) Notwithstanding any other provision of law and subject to
subparagraph (B) and clause (ii), no State shall receive less than \1/
2\ of 1 percent of the amount available for each such program for each
fiscal year under this subsection.''; and
(D) in subparagraph (A)(ii), as redesignated, by
striking ``or part A, B, C, D, or E of title III''; and
(3) by amending subsection (c) to read as follows:
``(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 Puerto Rico and the
Virgin Islands), except that--
``(i) the allotment ratio in no case shall be
more than 0.55 or less than 0.40; and
``(ii) the allotment ratio for Puerto Rico
and the Virgin Islands shall be 0.55.
``(2) Allotment ratios.--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.--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.''.
SEC. 101A. THE TERRITORIES.
Section 101A of the Act is amended by inserting after subsection (c)
the following new subsection:
``(d) Restriction.--Notwithstanding any other provision of law, the
Republic of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau shall not receive any funds under this part
for any fiscal year that begins after September 30, 2001.''.
SEC. 102. WITHIN STATE ALLOTMENTS.
Section 102 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``at least'' and all
that follows through the semicolon and inserting ``an
amount equal to not less than 90 percent of the
allotment shall be available for basic programs under
part B of title II;'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(D) in paragraph (2), as redesignated, by striking
``8.5'' and inserting ``8'' and further by adding after
the semicolon ``and'';
(E) in paragraph (3), as redesignated--
(i) by striking ``5'' and inserting ``2'';
(ii) by striking ``of which--'' and all that
follows through ``and'' at the end and
inserting the following:
``which may be used for the costs of--
``(A) developing the State application;
``(B) reviewing local applications;
``(C) monitoring and evaluating program
effectiveness; and
``(D) assuring compliance with all applicable Federal
laws.''; and
(F) by striking paragraph (5);
(2) in subsection (b) by striking ``(a)(4)'' and inserting
``(a)(3)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Rural Reserve.--A State may reserve not more than 10 percent of
the allotment made under section 102(a)(1) to use for grants to rural
areas.
``(d) Incentive Awards.--A State may reserve not more than 5 percent
of the allotment made under section 102(a)(1) to make awards--
``(1) to a local eligible recipient that meets or exceeds the
State benchmarks described in section 114;
``(2) to a local eligible recipient that meets or exceeds the
average State graduation rate; or
``(3) to assist a local eligible recipient that has
significantly failed to meet the State benchmarks described in
section 114, or has a graduation rate that is significantly
below the average State graduation rate.''
SEC. 103. INDIAN AND NATIVE HAWAIIAN PROGRAMS.
Section 103 of the Act is amended to read as follows:
``SEC. 103. NATIVE AMERICAN PROGRAM.
``(a) Indian Policy.--All programs assisted under this section shall
be administered in a manner consistent with the principles of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) and the government-to-government relationship between the
Federal Government and Indian tribal governments.
``(b) Definitions.--As used in this section:
``(1) Alaska native.--The term `Alaska Native' means a Native
as such term is defined in section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Bureau Funded.--The term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under
the Tribally Controlled Schools Act of 1988.
``(3) Indian, Indian tribe, and tribal organization.--The
terms `Indian', `Indian tribe', and `tribal organization' have
the meanings given such terms in subsections (d), (e), and (l),
respectively, of section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(4) Institution of higher education.--The term `institution
of higher education' has the meaning given such term in section
1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
``(5) Native hawaiian and native hawaiian organization.--The
terms `Native Hawaiian' and `Native Hawaiian organization' have
the meanings given such terms in paragraphs (1) and (3),
respectively, of section 9212 of the Native Hawaiian Education
Act (20 U.S.C. 7912).
``(6) Tribally controlled community college.--The term
`tribally controlled community college' has the meaning given
such term in section 2(a)(4) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C.
1801(a)(4)).
``(7) Tribally controlled postsecondary vocational
institution.--The term `tribally controlled postsecondary
vocational institution' means an institution of higher
education that--
``(A) is formally controlled, or has been formally
sanctioned 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
philosophy, or a plan of operation, that fosters
individual Indian economic and self-sufficiency
opportunity, including programs that are appropriate to
stated tribal goals of developing individual
entrepreneurships and self-sustaining economic
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 vocational-technical
education; and
``(G) enrolls the full-time equivalent of not less
than 100 students, of whom a majority are Indians.
``(c) Program Authorized.--
``(1) In general.--From amounts reserved under section
101(a)(1)(A)(i), the Secretary shall make grants to Indian
tribes, tribal organizations and Alaska Native entities to
carry out the authorized programs described in subsection (d),
except that such terms shall not include secondary school
programs in Bureau funded schools.
``(2) 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
vocational-technical education programs.
``(d) Authorized Programs.--Funds made available under this section
shall be used to carry out vocational-technical education programs
consistent with the purposes of this Act.
``(e) Grant Application.--In order to receive a grant under this
section an entity described in subsection (c) shall submit an
application to the Secretary and shall include an assurance that such
entity shall comply with the requirements of this Act.
``(f) Special Consideration.--The Secretary, in making grants under
subsection (c), shall give special consideration to--
``(1) grants which involve, coordinate with, or encourage
tribal economic development plans; and
``(2) applications from tribally controlled community
colleges which--
``(A) are accredited or are candidates for
accreditation by a nationally recognized accreditation
organization as an institution of postsecondary
vocational-technical education; or
``(B) operate vocational-technical education programs
that are accredited or are candidates for accreditation
by a nationally recognized accreditation organization
and issue certificates for completion of vocational-
technical education programs.
``(g) Consolidation of Funds.--Each 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.).
``(h) Nonduplicative and Nonexclusive Services.--Nothing in this
section shall be construed--
``(1) to limit the eligibility of any entity described in
subsection (c) to participate in any activity offered by a
State or local entity under this title; or
``(2) to preclude or discourage any agreement, between any
entity described in subsection (c) and any State or local
entity, to facilitate the provision of services by such entity
or to the population served by such entity.
``(i) Native Hawaiian Programs.--From the funds reserved pursuant to
section 101(a)(1)(A)(ii), the Secretary is directed to enter into
contracts with organizations primarily serving and representing Native
Hawaiian Programs which are recognized by the Governor of the State of
Hawaii 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 Hawaiian Programs.''.
SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS.
Part A of title I of the Act is amended by adding at the end the
following:
``SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL-TECHNICAL
EDUCATION PROGRAMS
``(a) Grants Authorized.--The Secretary shall, subject to the
availability of appropriations, make grants pursuant to this section to
tribally controlled postsecondary vocational-technical institutions to
provide basic support for the education and training of Indian
students.
``(b) Use of Grants.--Amounts made available pursuant to this section
shall be used for vocational-technical education programs.
``(c) Eligible Grant Recipients.--To be eligible for assistance under
this section a tribally controlled postsecondary vocational-technical
institution shall--
``(1) be governed by a board of directors or trustees, a
majority of whom are Indians;
``(2) have been in operation for at least 3 years;
``(3) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting authority
for postsecondary vocational-technical education; and
``(4) enroll the full-time equivalent of not less than 100
students, of whom a majority are Indians.
``(d) Applications.--Any tribally controlled postsecondary
vocational-technical institution 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) 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 vocational-
technical institution from receiving Federal financial
assistance under any program authorized under the Higher
Education Act of 1965or any other applicable program for the
benefit of institutions of higher education or vocational-technical
education.
``(2) Prohibition on allocation of grant amount.--The amount
of any grant for which tribally controlled postsecondary
vocational-technical institutions are eligible under this
subpart shall not be altered because of funds allocated to any
such institution from funds appropriated under the Act of
November 2, 1921.
``(3) Prohibition on contract denial.--No tribally controlled
postsecondary vocational-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, 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.
``(f) Definitions.--For the purposes of this section:
``(1) Indian.--The terms `Indian' and `Indian tribe' have the
meanings given such terms in section 2 of the Tribally
Controlled Community College Assistance Act of 1978.
``(2) Tribally controlled postsecondary vocational-technical
institution.--The term `tribally controlled postsecondary
vocational-technical institution' means an institution of
higher education which is formally controlled, or has been
formally sanctioned or chartered by the governing body of an
Indian tribe or tribes which offers technical degrees or
certificate granting programs.
``(3) Indian student count.--The term `Indian student count'
means a number equal to the total number of Indian students
enrolled in each tribally controlled vocational-technical
institution, determined as follows:
``(A) Registrations.--The registrations of Indian
students as in effect on October 1 of each year.
``(B) Summer term.--Credits or clock hours toward a
certificate earned in classes offered during a summer
term shall be counted toward the computation of the
Indian student count in the succeeding fall term.
``(C) Admission criteria.--Credits or clock hours
toward a certificate earned in classes during a summer
term shall be counted toward the computation of the
Indian student count if the institution at which the
student is in attendance has established criteria for
the admission of such student on the basis of the
student's ability to benefit from the education or
training offered. The institution shall be presumed to
have established such criteria if the admission
procedures for such studies include counseling or
testing that measures the student's aptitude to
successfully complete the course in which the student
has enrolled. No credit earned by such student for
purposes of obtaining a high school degree or its
equivalent shall be counted toward the computation of
the Indian student count.
``(D) Determination of hours.--Indian students
earning credits in any continuing education program of
a tribally controlled vocational-technical institution
shall be included in determining the sum of all credit
or clock hours.
``(E) Continuing education.--Credits or clock hours
earned in a continuing education program shall be
converted to the basis that is in accordance with the
institution's system for providing credit for
participation in such programs.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated not more than $4,000,000 for fiscal year 1998 and such
sums as may be necessary for each of the 4 succeeding fiscal years to
carry out the provisions of this section.''.
PART B--STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES
SEC. 111. STATE ADMINISTRATION.
Section 111 of this Act is amended--
(1) in subsection (a)(1)(A), by striking ``pursuant to
section 113(b)(8), section 116, and section 117'';
(2) by striking subsection (a)(1)(B);
(3) in subsection (a)(1)(C), by striking ``consultation
with'' and all that follows through the semicolon at the end of
subsection (a)(1)(C) and inserting ``consultation with the
Governor and appropriate agencies, groups, and individuals,
including business, industry and representatives of employees
involved in the planning, administration, evaluation, and
coordination of programs funded under this Act;''; and
(4) by striking subsections (b) through (g) and inserting the
following:
``(b) List of Programs Assisted.--The State board shall make
available to each Private Industry Council established under section
102 of the Job Training Partnership Act within the State a listing of
all programs assisted under this Act.''.
SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION.
Section 112 of the Act is repealed.
SEC. 113. STATE APPLICATION.
Section 113 of the Act is amended--
(1) by redesignating such section as section 112;
(2) by striking ``plan'' in the section heading and inserting
``application'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``(A)'' and further
by striking all that follows after ``Secretary'' and
inserting ``an application in such manner and
accompanied by such information as the Secretary may
require but which, at a minimum, shall be for a 5-year
period.'';
(B) in paragraph (1), by striking subparagraph (B);
(C) by amending paragraph (2) to read as follows:
``(2) The State board 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 an
opportunity to present their views and make recommendations regarding
the State application. A summary of such recommendations and the State
board's response shall be included with the State application.''; and
(D) by striking paragraph (3); and
(4) by striking subsections (b) and (c) and inserting the
following:
``(b) Contents.--Each State application shall--
``(1) describe the vocational-technical education programs
that will be carried out with funds received by the State under
this Act, including a description of--
``(A) the secondary and postsecondary vocational-
technical education programs to be carried out at the
State level pursuant to section 201, including programs
that will be carried out by the State to develop,
improve, and expand access to quality, state-of-the-art
technology in vocational-technical education programs;
``(B) the criteria that will be used by the State in
approving applications of eligible recipients of funds
under this Act; and
``(C) how such programs will prepare vocational-
technical education students for opportunities in
postsecondary education or entry into high skill, high
wage jobs;
``(2) describe how the State will actively involve parents,
teachers, local businesses (including small- and medium-sized
businesses) and representatives of employees in the planning,
development, and implementation of such vocational-technical
education programs;
``(3) describe how funds received by the State through the
allotment made under section 102 will be allocated among
secondary school vocational-technical education, or
postsecondary and adult vocational-technical education, or
both, including the rationale for such allotment;
``(4) describe how the State will--
``(A) improve the academic and technical skills of
students participating in vocational-technical
education programs which includes strengthening the
academic component of vocational-technical education
programs through the integration of academics with
vocational-technical education to ensure learning in
the core academic subjects and provide students with
strong experience and understanding of all aspects of
the industry; and
``(B) ensure that students who participate in such
vocational-technical education programs are taught to
the same challenging academic proficiencies as are
provided for all other students;
``(5) describe how the State will annually evaluate the
effectiveness of such vocational-technical education programs
and describe how the State is coordinating such programs to
ensure nonduplication with other existing Federal programs;
``(6) identify the benchmarks that the State will use to
measure the progress of the State, including a description of
how such benchmarks will ensure continuous improvement for
vocational-technical students in meeting such benchmarks;
``(7) describe how the State will--
``(A) provide vocational-technical education programs
that lead to high skill, high wage careers for members
of special populations, displaced homemakers, single
parents, and single pregnant women; and
``(B) ensure that members of special populations meet
State benchmarks established under section 114 and are
prepared for postsecondary education, further learning,
and high skill, high wage careers;
``(8) provide a financial audit of funds received under this
Act; and
``(9) provide 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 purchasing entity or its
employees or any affiliate of such an organization.
``(c) Amendments.--The State board may submit amendments to the State
application, as necessary, during the 5-year period. Such amendments
shall be submitted in accordance with section 113(c).''.
SEC. 114. SUBMISSION OF STATE APPLICATION.
Section 114 of the Act is amended--
(1) by redesignating such section as section 113;
(2) by striking ``STATE PLAN APPROVAL'' in the section
heading and inserting ``SUBMISSION OF STATE APPLICATION'';
(3) by striking subsections (a) and (b); and
(4) by adding at the end the following:
``(a) Application.--Each State application shall be submitted to the
Secretary by not later than May 1 preceding the beginning of the first
fiscal year for which a State application is to be in effect.
``(b) Consultation.--The State board shall develop the portion of
each State application relating to the amount and uses of any funds
proposed to be reserved for adult vocational-technical education,
postsecondary vocational-technical education, tech-prep education, and
secondary vocational-technical education after consultation with the
State agency responsible for supervision of community colleges,
technical institutes, or other 2-year postsecondary institutions
primarily engaged in providing postsecondary vocational-technical
education, and the State agency responsible for secondary education. If
a State agency finds that a portion of the final State application is
objectionable, such agency shall file such objections with the State
board. The State board shall respond to any objections of such agency
in submitting such application to the Secretary.
``(c) Application Submission.--A State application submitted to the
Secretary under this section shall be approved by the Secretary unless
the Secretary makes a written determination, within 90 days after
receiving the application, that the application is in violation of the
provisions of this Act.''.
SEC. 115. ACCOUNTABILITY.
Part B of title I is amended by inserting after section 113, as
redesignated, the following:
``SEC. 114. ACCOUNTABILITY.
``(a) Benchmarks.--To be eligible to receive an allotment under
section 102, a State shall develop and identify in the State
application submitted under section 113 proposed rigorous and
quantifiable benchmarks to measure the statewide progress of the State,
which shall include, at a minimum, measures, of--
``(1) attainment of challenging State academic proficiencies;
``(2) attainment of secondary school diplomas or general
equivalency diplomas; and
``(3) placement in, retention in, and completion of,
postsecondary education or advanced training, or placement and
retention in military service, or employment.
``(b) Program Improvement and Sanctions.--
``(1) State program improvement plan.--If a State fails to
meet its State benchmarks as described in the report submitted
under subsection (c), the State shall develop and implement a
program improvement plan in consultation with appropriate
agencies, individuals, and organizations for the first program
year succeeding the program year in which the State failed to
meet its benchmarks in order to avoid a sanction as provided
under paragraph (3).
``(2) Local improvement plan.--If an eligible recipient fails
to meet its State benchmarks, the eligible recipient shall
develop a program improvement plan with appropriate agencies,
individuals, and organizations for the succeeding program year.
``(3) Sanctions.--
``(A) In general.--If a State fails to meet the State
benchmarks required under subsection (a), and has not
implemented an improvement plan as described in
paragraph (1), has not demonstrated improvement in
meeting its benchmarks, or has failed to meet its
benchmarks for 2 or more consecutive years, the
Secretary may, after notice and opportunity for a
hearing, or withhold from the State all, or a portion
of, the State's allotment under this Act. The Secretary
may waive the sanction due to exceptional or
uncontrollable circumstances such as a natural disaster
or a precipitous and unforeseen decline in the
financial resources of the State.
``(B) Funds resulting from reduced allotments.--The
amount of funds retained by the Secretary as a result
of a reduction in an allotment made under subparagraph
(A) shall be redistributed to other States in
accordance with section 101.
``(c) Report.--
``(1) In general.--
``(A) Information.--Each State that receives an
allotment under section 102 shall annually prepare and
submit to the Secretary a report on how the State is
performing on State benchmarks that relate to
vocational-technical education programs. In preparing
the report, the State may include information on such
additional vocational-technical education benchmarks as
the State may establish.
``(B) Special populations.--The report submitted by
the State in accordance with subparagraph (A) shall
include a description of how special populations,
displaced homemakers, single parents, and single
pregnant women participating in vocational-technical
education programs have met the vocational-technical
education benchmarks established by the State.
``(2) Information dissemination.--The Secretary shall make
the information contained in such reports available to the
general public through publication and other appropriate
methods which may include electronic communication.
``(3) Benchmark performance.--Each local recipient shall make
available to the general public information regarding how the
local recipient is performing in regard to the State
benchmarks.''.
SEC. 116. PROGRAM EVALUATION.
Sections 115, 116, 117, and 118 of the Act are repealed.
TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION
SEC. 201. STATE PROGRAMS.
(a) Heading.--The heading for title II is amended to read as follows:
``TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION''.
(b) Programs.--Section 201 of the Act is amended--
(1) in subsection (a), by striking ``102(a)(3)'' and
inserting ``102(a)(2)'';
(2) by amending subsection (b) to read as follows:
``(b) Required Uses of Funds.--The programs described in subsection
(a) shall include--
``(1) an assessment of the vocational-technical education
programs carried out with funds under this Act that includes an
assessment of how the needs of special populations are being
met and how such programs will ensure that the benchmarks
established under section 114 are being met;
``(2) developing, improving, or expanding the use of
technology in vocational-technical education which may include:
``(A) training of vocational-technical education
personnel to use state-of-the-art technology, which may
include distance learning,
``(B) providing vocational-technical education
students with the academic and technical skills that
lead to entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high tech
industries to offer voluntary internships and mentoring
programs;
``(3) professional development programs, including--
``(A) inservice and preservice training in state-of-
the-art vocational-technical education programs and
techniques; and
``(B) support of education programs for teachers of
vocational-technical education in public schools and
other public school personnel who are involved in the
direct delivery of educational services to vocational
education students to ensure that such teachers stay
current with the needs, expectations, and methods of
industry; and
``(4) support for vocational-technical education programs
that improve the academic and technical skills of students
participating in vocational-technical education programs by
strengthening the academic component of such vocational-
technical education programs through the integration of
academics with vocational-technical education to ensure
learning in the core academic subjects.'';
(3) by amending subsection (c) to read as follows:
``(c) Permissible Uses of Funds.--The programs under subsection (a)
may include--
``(1) technical support for eligible recipients;
``(2) support for tech-prep programs;
``(3) support for programs for single parents, displaced
homemakers, single pregnant women, and individuals in
nontraditional occupations that lead to high skill, high wage
careers;
``(4) support for cooperative education;
``(5) support for vocational student organizations;
``(6) support for public charter schools operating secondary
vocational-technical education programs;
``(7) support for vocational-technical education programs
that offer experience in, and understanding of, all aspects of
the industry for which students are preparing to enter;
``(8) support for family and consumer sciences programs; and
``(9) support for corrections vocational-technical
education.''; and
(4) by adding after subsection (c) the following new
subsection:
``(d) Restriction on Uses of Funds.--A State that receives funds
under section 102(a)(2) may not use any of such funds to pay
administrative costs.''.
SEC. 202. SECONDARY, POSTSECONDARY, AND ADULT VOCATION-TECHNICAL
EDUCATION PROGRAMS.
Part B of title II of the Act is amended to read as follows:
``PART B--SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL-TECHNICAL
EDUCATION PROGRAMS
``Subpart 1--Within-State Allocation
``SEC. 221. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
``(a) General Rule.--Except as otherwise provided in this section and
section 223, each State shall distribute the funds received under this
Act and available in fiscal year 1998 for secondary school vocational-
technical education to local educational agencies within the State as
follows:
``(1) From 70 percent of such funds, each local educational
agency shall be allocated an amount that bears the same
relationship to such 70 percent as the amount such local
educational agency was allocated under section 1124 or such
section's predecessor authority of the Elementary and Secondary
Education Act of 1965 in the preceding fiscal year bears to the
total amount received under such section by local educational
agencies in the State in such year.
``(2) From 20 percent of such funds, each local educational
agency shall be allocated an amount that bears the same
relationship to such 20 percent as the number of students with
disabilities who have individualized education programs under
section 614(d) of the Individuals with Disabilities Education
Act who are served by such local educational agency in the
preceding fiscal year bears to the total number of such
students served by local educational agencies in the State in
such year.
``(3) From 10 percent of such funds, each local educational
agency shall be allocated an amount that bears the same
relationship to such 10 percent as the number of students
enrolled in schools and adults enrolled in training programs
under the jurisdiction of such local educational agency in the
preceding fiscal year bears to the number of students enrolled
in schools and adults enrolled in training programsunder the
jurisdiction of all local educational agencies in the State in such
year.
``(b) Allocation for Subsequent Fiscal Years.--In fiscal year 1999,
and the succeeding 3 fiscal years, each State shall distribute the
funds available in any such fiscal year for secondary school
vocational-technical education programs to local educational agencies
within the State as follows:
``(1) Population.--50 percent shall be allocated to such
agencies in proportion to the number of individuals aged 15 to
19, inclusive, who reside in the school district served by such
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 year.
``(2) Income.--50 percent shall be allocated to such agencies
in proportion to the number of individuals aged 15 through 19,
inclusive, who reside in the school district served by such
agency from families with incomes below the poverty line (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))) applicable to a
family of the size involved for the fiscal year for which the
determination is made compared to the number of such
individuals in all the local educational agencies in the State.
``(c) Waiver for More Equitable Distribution.--The Secretary may
waive the application of subsection (b) in the case of any State that
submits to the Secretary an application for such a waiver that--
``(1) demonstrates that the formula described in subsection
(b) does not result in a distribution of funds to local
educational agencies within the State that have the greatest
economic need and that an alternative formula would result in
such a distribution; and
``(2) includes a proposal for such an alternative formula.
``(d) Minimum Grant Amount.--
``(1) In general.--Except as provided in paragraph (2), no
local educational agency shall be eligible for a grant under
this part unless the amount allocated to such agency under
subsections (a) and (b) is not less than $7,500. 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 State 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
vocational-technical education programs; and
``(B) demonstrates that the agency is unable to enter
into a consortium for purposes of providing services
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.
``(e) Limited Jurisdiction Agencies.--
``(1) In general.--In applying the provisions of subsections
(a), (b), (c), and (d), no State receiving assistance under
this Act 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) Secondary school jurisdiction.--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 were enrolled
in such secondary schools in the previous year from the
elementary schools involved.
``(f) Allocations to Area Vocational-Technical Education Schools and
Educational Service Agencies.--
``(1) In general.--Each State shall distribute funds
available for secondary school vocational-technical education
programs to the appropriate area vocational-technical education
school or educational service agency in any case in which the
area vocational-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 vocational-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 vocational-technical education school,
the educational service agency, and the local educational
agency based on each school's or entity's relative share of
students who are attending vocational-technical education
programs (based, if practicable, on the average enrollment for
the prior 3 years).
``(3) Appeals procedure.--The State board shall establish an
appeals procedure for resolution of any dispute arising between
a local educational agency and an area vocational-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.
``(g) 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 225 is encouraged to--
``(A) form a consortium or enter into a cooperative
agreement with an area vocational-technical education
school or educational service agency offering programs
that meet the requirements of section 225;
``(B) transfer such allocation to the area
vocational-technical education school or educational
service agency; and
``(C) be of sufficient size, scope, and quality as to
be effective.
``(2) Funds to consortium.--Funds allocated to a consortium
formed to meet the requirements of this paragraph 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 Act. Such funds may not be reallocated to
individual members of the consortium for purposes or programs
benefiting only one member of the consortium.
``(h) Data.--The Secretary shall collect information from States
regarding the specific dollar allocations made available by the State
for vocational-technical education programs under subsections (a), (b),
(c), and (d) and how these allocations are distributed to local
educational agencies, area vocational-technical education schools,
educational services agencies, and eligible institutions within the
State in accordance with this section.
``SEC. 222. DISTRIBUTION OF FUNDS FOR POSTSECONDARY AND ADULT
VOCATIONAL-TECHNICAL EDUCATION PROGRAMS.
``(a) Allocation.--
``(1) In general.--Except as provided in subsections (b) and
(c) and section 223, each State shall distribute funds
available in any fiscal year for postsecondary and adult
vocational-technical education programs to eligible
institutions or consortia of eligible institutions within the
State.
``(2) Formula.--Each eligible institution or consortium of
eligible institutions shall receive an amount that bears the
same relationship to the amount of funds available under such
section as the number of individuals who are Pell Grant
recipients or recipients of assistance from the Bureau of
Indian Affairs and are enrolled in programs meeting the
requirements of section 225 offered by such institution or
consortium in the preceding fiscal year bears to 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 as 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 can be used only for programs authorized
under this Act. Such funds may not be reallocated to
individual members of the consortium for purposes or
programs benefiting only one member of the consortium.
``(b) Waiver for More Equitable Distribution.--The Secretary may
waive the application of subsection (a) in the case of any State that
submits to the Secretary of Education 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
institutions or consortia within the State that have the
highest numbers of economically disadvantaged individuals and
that an alternative formula would result in such a
distribution; and
``(2) includes a proposal for such an alternative formula.
``(c) Minimum Grant Amount.--
``(1) In general.--No funds provided to any institution or
consortium under this section shall be for an amount that is
less than $20,000.
``(2) Redistribution.--Any amounts that are not distributed
by reason of paragraph (1) shall be redistributed to eligible
institutions or consortia of eligible institutions in
accordance with the provisions of this section.
``(d) Definitions.--For the purposes of this section--
``(1) the term `eligible institution' means an institution of
higher education as such term is defined in section 1201(a) of
the Higher Education Act of 1965, a local educational agency
serving adults, or an area vocational education school serving
adults that offers or will offer a program that meets the
requirements of section 225 and seeks to receive assistance
under this part; and
``(2) the term `Pell Grant' means a recipient of financial
aid under subpart 1 of part A of title IV of the Higher
Education Act of 1965.
``SEC. 223. SPECIAL RULES FOR VOCATIONAL-TECHNICAL EDUCATION.
``(a) Special Rule for Minimal Allocation.--
``(1) General authority.--Notwithstanding the provisions of
sections 221 and 222 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 a State for distribution
under section 221 or 222, such State may distribute such
minimal amount for such year--
``(A) on a competitive basis; or
``(B) through any alternative method determined by
the State.
``(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 this part.
``(b) Redistribution.--
``(1) In general.--In any academic year that a local
educational agency or eligible institution does not expend all
of the amounts it is allocated for such year under section 221
or 222, such recipient shall return any unexpended amounts to
the State to be reallocated under section 221 or 222, as
appropriate.
``(2) Redistribution of amounts returned late in an academic
year.--In any academic year in which amounts are returned to
the State under section 221 or 222 and the State is unable to
reallocate such amounts according to such sections in time for
such amounts to be expended in such academic year, the State
shall retain such amounts for distribution in combination with
amounts provided under this title for the following academic
year.
``(c) Construction.--Nothing in section 221 or 222 shall be
construed--
``(1) to prohibit a local educational agency (or a consortium
thereof) that receives assistance under section 221, from
working with an eligible recipient (or consortium thereof) that
receives assistance under section 222, to carry out secondary
school vocational-technical education programs in accordance
with this title;
``(2) to prohibit an eligible recipient (or consortium
thereof) that receives assistance under section 222, from
working with a local educational agency (or consortium thereof)
that receives assistance under section 221, to carry out
postsecondary and adult vocational-technical education programs
in accordance with this title; or
``(3) to require a charter school that is a local educational
agency to jointly establish its eligibility 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
State board shall provide funds to charter schools that offer
vocational-technical education programs that are public schools of the
local educational agency in the same manner as it provides those funds
to other schools of the local educational agency. Such program within a
charter school shall be of sufficient size, scope, and quality as to be
effective.
``SEC. 224. LOCAL APPLICATION FOR VOCATIONAL-TECHNICAL EDUCATION
PROGRAMS.
``(a) Application Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the State board, submit an application to
the State board. Such application shall cover the same period of time
as the period of time applicable to the State application submitted
under section 112.
``(b) Contents.--The State board shall determine requirements for
local applications, except that each application shall--
``(1) describe how the vocational-technical education
programs required under section 225(b) will be carried out with
funds received under this part;
``(2) describe how students participating in vocational-
technical education programs carried out with funds under this
Act will reach the State benchmarks as established under
section 114;
``(3) describe how the eligible recipient will--
``(A) improve the academic and technical skills of
students participating in vocational-technical
education programs by strengthening the academic
component of such programs through the integration of
academics with vocational-technical education programs
through a coherent sequence of courses to ensure
learning in the core academic subjects; and
``(B) ensure that students who participate in such
vocational-technical education programs are taught to
the same challenging academic proficiencies as are
provided for all other students;
``(4) describe how parents, students, teachers, business and
representatives of employees are involved in the development
and implementation of vocational-technical education programs
assisted under this Act; and
``(5) provide assurances that the eligible recipient will
provide a vocational-technical education program that is of
such size, scope, and quality as to bring about improvement in
the quality of vocational-technical education programs.
``SEC. 225. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that receives a
grant under this part shall use such funds to improve vocational-
technical education programs.
``(b) Requirements for Uses of Funds.--Funds made available under
this part shall be used to provide vocational-technical education
programs that--
``(1) strengthen the academic and technical skills of
students participating in vocational-technical education
programs by strengthening the academic component of such
programs through the integration of academics with vocational-
technical education programs through a coherent sequence of
courses to ensure learning in the core academic subjects;
``(2) develop, improve, or expand the use of technology in
vocational-technical education which may include:
``(A) training of vocational-technical education
personnel to use State-of-the art technology, which may
include distance learning;
``(B) providing vocational-technical education
students with the academic and technical skills that
lead to entry into the high technology and
telecommunications field; or
``(C) encouraging schools to work with high tech
industries to offer voluntary internships and mentoring
programs;
``(3) provide professional development programs, including--
``(A) inservice training in state-of-the-art
vocational-technical education programs and techniques;
and
``(B) support of education programs for teachers of
vocational-technical education in public schools and
other public school personnel who are involved in the
direct delivery of educational services to vocational
education students, to ensure that such teachers stay
current with the needs, expectations, and methods of
industry;
``(4) support vocational-technical education programs that
improve the academic and technical skills of students
participating in vocational-technical education programs by
strengthening the academic component of such vocational-
technical education programs through the integration of
academics with vocational-technical education to ensure
learning in the core academic subjects; and
``(5) provide an assessment of the vocational-technical
education programs carried out with funds under this Act,
including an assessment of how the needs of special populations
are being met, and how such programs will ensure that the
benchmarks established under section 114 are being met.
``(c) Permissible Activities.--The vocational-technical education
programs described in subsection (b) may be used for--
``(1) establishing agreements between secondary and
postsecondary vocational-technical education programs in order
to provide postsecondary education and training opportunities
for students participating in such vocational-technical
programs, such as tech-prep programs;
``(2) involving parents, business, and representatives of
employees in the design and implementation of vocational-
technical education programs authorized under this Act;
``(3) providing career guidance and counseling;
``(4) providing work related experience, such as internships,
cooperative education, school-based enterprises,
entrepreneurship, and job shadowing that are related to
vocational-technical education programs;
``(5) programs for single parents, displaced homemakers, and
single pregnant women;
``(6) local education and business partnerships;
``(7) vocational student organizations;
``(8) mentoring and support services;
``(9) leasing, purchasing, or upgrading of equipment; and
``(10) establishing effective programs and procedures to
enable vocational-technical education program participants and
their parents to participate directly in decisions that
influence the programs, including providing information and
assistance for informed effective participation.
``(d) Administrative Costs.--Each eligible recipient receiving funds
under this part shall not use more than 2 percent of the funds for
administrative costs associated with the administration of the
grant.''.
SEC. 203. REPEAL OF PART C.
Part C of title II is repealed.
TITLE III--RESEARCH AND DEVELOPMENT
SEC. 301. EVALUATION; RESEARCH, DEMONSTRATIONS AND DISSEMINATION.
(a) Heading.--The heading for title III is amended to read as
follows:
``TITLE III--RESEARCH AND DEVELOPMENT''.
(b) Part A.--Part A of title III is amended to read as follows:
``PART A--RESEARCH AND DEVELOPMENT
``SEC. 301. EVALUATION; RESEARCH; DEMONSTRATIONS; AND DISSEMINATION.
``(a) Single Plan.--
``(1) In general.--The Secretary shall develop a single plan
for evaluation and assessment, research, demonstrations, and
dissemination with regard to the vocational-technical education
programs assisted under this Act.
``(2) Plan.--Such plan shall--
``(A) identify the vocational-technical education
programs the Secretary will carry out under this
section;
``(B) describe how the Secretary will evaluate such
vocational-technical education programs in accordance
with subsection (b); and
``(C) include such other information as the Secretary
determines to be appropriate.
``(b) Evaluation and Assessment.--
``(1) In general.--From amounts made available under
subsection (g), the Secretary shall provide for the conduct of
an independent evaluation and assessment of vocational-
technical education programs under this Act through studies and
analyses conducted independently through grants and contracts
awarded on a competitive basis.
``(2) Contents.--Such evaluation and assessment of
vocational-technical education programs shall include
descriptions of--
``(A) the extent to which State, local, and tribal
entities have developed, implemented, or improved State
and local vocational-technical education programs;
``(B) the degree to which the expenditures at the
Federal, State, local, and tribal levels address
improvement in vocational-technical education programs;
``(C) the extent to which vocational-technical
education programs succeed in preparing individuals
participating in such programs for entry into
postsecondary education, further learning, or high
skill, high wage careers; and
``(D) the effect of State benchmarks, performance
measures, and other measures of accountability on the
delivery of vocational-technical education programs.
``(c) Information Collection and Report.--
``(1) In general.--The Secretary may collect and disseminate
information from States regarding State efforts to meet State
benchmarks described in section 114.
``(2) Report.--The Secretary shall gather any information
collected pursuant to paragraph (1) and submit a report to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate.
``(d) Research.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to an institution of higher education, a
public or private organization or agency, or a consortium of
such institutions, organizations, or agencies to establish a
national research center or centers--
``(A) to carry out research for the purpose of
developing, improving, and identifying the most
successful methods for successfully addressing the
education, employment, and training needs of
participants in vocational-technical education
programs;
``(B) to carry out research to increase the
effectiveness and improve the implementation of
vocational-technical education programs, including
conducting research and development and studies
providing longitudinal information or formative
evaluation with respect to vocational-technical
education programs;
``(C) to carry out such other programs as the
Secretary determines to be appropriate to achieve the
purposes of this Act.
``(2) Summary.--The Secretary shall provide an annual report
summarizing the evaluations and assessments described in
subsection (b), and the research conducted pursuant to this
subsection, and the findings of such evaluations and
assessments, and research, to the Committee on Education and
the Workforce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate.
``(e) Demonstrations and Dissemination.--
``(1) Demonstration Program.--The Secretary is authorized to
carry out demonstration vocational-technical education
programs, to replicate model vocational-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 vocational-
technical education programs assisted under this Act.
``(2) Demonstration partnership.--
``(A) In general.--The Secretary shall carry out a
demonstration partnership project involving a 4-year,
accredited postsecondary institution, in cooperation
with local public education organizations, volunteer
groups, and private sector business participants to
provide program support, and facilities for education,
training, tutoring, counseling, employment preparation,
specific skills training in emerging and established
professions, retraining of military medical personnel,
retraining of individuals displaced by corporate or
military restructuring, migrant workers, and other
individuals who otherwise would not have access to such
services, through multi-site, multi-State distance
learning technologies.
``(B) Program.--Such program may be carried out
directly or through grants, contracts, cooperative
agreements, or through the national center or centers.
``(f) Definition.--As used in this section, the term `institution of
higher education' has the meaning given the term in section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal year 1998 and
such sums as may be necessary for each of the 4 succeeding fiscal years
to carry out this part.''.
SEC. 302. TECH-PREP EDUCATION.
Part B of title III is amended to read as follows:
``PART C--TECH-PREP EDUCATION
``SEC. 321. TECH-PREP EDUCATION.
``(a) Program Authorized.--The State board, in accordance with the
provisions of this part, shall award grants to consortia on a
competitive basis or on the basis of a formula determined by the State
board, for tech-prep education programs.
``(b) General Authority.--Each grant recipient shall use amounts
provided under the grant to develop and operate a 4-year tech-prep
education program.
``(c) Contents of Program.--Any such program shall--
``(1) be carried out under an articulation agreement between
the participants in the consortium;
``(2) consist of the 2 or 4 years of secondary school
preceding graduation and 2 years of higher education, or an
apprenticeship program of at least 2 years following secondary
instruction, with a common core of required proficiency in
mathematics, science, communications, and technologies designed
to lead to an associate degree or postsecondary certificate in
a specific career field;
``(3) include the development of tech-prep education program
components appropriate to the needs of the consortium
participants;
``(4) include in-service training for teachers that--
``(A) is designed to train vocational-technical
teachers to effectively implement tech-prep education
programs;
``(B) provides for joint training for teachers in the
tech-prep consortium; and
``(C) may provide such training in weekend, evening,
and summer sessions, institutes, or workshops;
``(5) include training programs for counselors designed to
enable counselors to more effectively--
``(A) provide information to students regarding tech-
prep education programs;
``(B) support student progress in completing such
programs; and
``(C) provide information on related employment
opportunities;
``(6) provide equal access to the full range of technical
preparation programs to individuals who are members of special
populations, including the development of tech-prep education
program services appropriate to the needs of such individuals;
and
``(7) provide for preparatory services that assist
participants in such programs.
``(d) Additional Authorized Activities.--Each such program may--
``(1) provide for the acquisition of tech-prep education
program equipment; and
``(2) acquire technical assistance from State or local
entities that have successfully designed, established and
operated tech-prep programs.
``SEC. 322. APPLICATIONS.
``(a) In General.--Each consortium that desires to receive a grant
under this part shall submit an application to the State board, as
appropriate, at such time and in such manner as the State board shall
prescribe.
``(b) Plan.--Each application submitted under this section shall
contain a 5-year plan for the development and implementation of
programs under this part.
``(c) Approval.--The State board shall approve applications based on
their potential to create an effective tech-prep education program as
provided for in this section.
``(d) Special Consideration.--The State board, as appropriate, shall
give special consideration to applications which--
``(1) provide for effective employment placement activities
or transfer of students to 4-year baccalaureate degree
programs;
``(2) are developed in consultation with business, industry,
institutions of higher education, and representatives of
employees;
``(3) address effectively the issues of dropout prevention
and reentry and the needs of special populations.
``SEC. 323. REPORT.
``Each State that receives a grant under this part shall annually
prepare and submit to the Secretary a report on the effectiveness of
their Tech-Prep programs, including how competitive grants were awarded
within the State.
``SEC. 324. ALLOTMENT.
``The Secretary shall allot funds under this part in each fiscal year
in the same manner as funds are allotted under section 101(a)(2).
``SEC. 325. AUTHORIZATION.
``(a) In General.--From amounts made available under section 3(a), 10
percent shall be used to carry out this part for fiscal year 1998 and
for each of the 4 succeeding fiscal years.
``(b) Minimum Amount.--No State shall receive a grant of less than
$200,000 under this part in any fiscal year.''.
SEC. 303. VOCATIONAL-TECHNICAL EDUCATION AND OCCUPATIONAL INFORMATION
DATA SYSTEMS.
Part C of title IV is amended--
(1) by striking the part heading and inserting the following:
``PART B--VOCATIONAL-TECHNICAL EDUCATION INFORMATION'';
(2) by redesignating sections 421 through 424 as sections 311
through 314, respectively.
(3) by amending subsection (e) of section 312, as
redesignated under paragraph (2), to read as follows:
``(e) There are authorized to be appropriated for each of fiscal
years 1998 through 2002 such sums as may be necessary to carry out this
part.'';
(4) in section 313(a)(1), as redesignated in paragraph (2),
by striking ``421'' and inserting ``311''; and
(5) by adding at the end of such part the following new
section:
``SEC. 315. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this part such sums as
may be necessary for fiscal year 1998 and such sums as may be necessary
for each of the 4 succeeding fiscal years.''.
SEC. 304. REPEALS.
(a) Title III.--Part C of title III of the Act, as the Act was in
effect on the day before the date of the enactment of this Act, is
repealed.
(b) Title IV.--The heading for title IV and parts A, B, E, and F of
such title of the Act are repealed.
TITLE IV--GENERAL PROVISIONS
SEC. 401. GENERAL PROVISIONS.
Title V of the Act is amended to read as follows:
``TITLE IV--GENERAL PROVISIONS
``PART A--FEDERAL ADMINISTRATIVE PROVISIONS
``SEC. 401. PAYMENTS.
``The Secretary shall pay from its allotment under section 101 to
each State for any fiscal year for which the State has a State
application submitted in accordance with section 113 (including any
amendment to such application) the Federal share of the costs of
carrying out the State application.
``SEC. 402. FISCAL REQUIREMENTS.
``(a) Supplement Not Supplant.--Funds received under this Act shall
be used to supplement, not supplant, the amount of funds that would, in
the absence of such Federal funds, be made available from non-Federal
sources for vocational-technical education programs.
``(b) Maintenance of Effort.--
``(1) Determination.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be made
under this title for any program year to a State for
vocational-technical education programs unless the
Secretary of Education determines that the fiscal
effort per student or the aggregate expenditures of
such State for vocational-technical programs for the
fiscal year preceding the fiscal year for which the
determination is made, equaled or exceeded such effort
or expenditures for vocational-technical education
programs, for the second program 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 of Education shall exclude capital
expenditures, special one-time project costs, similar
windfalls, and the cost of pilot programs.
``(C) Decrease in federal support.--If the amount
made available for vocational-technical education
programs under this Act for a fiscal year is less than
the amount made available for vocational-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 (B) for such 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
paragraph (1) (with respect to not more than 5 percent of
expenditures required for the preceding fiscal year by any
State) for 1 program year only, after making a determination
that such waiver would be equitable due to exceptional or
uncontrollable circumstances affecting the ability of the State
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 paragraph 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. 403. 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 appropriation Acts.
``SEC. 404. NATIONAL AND STATE FUNDING.
``Nothing in this Act shall be construed to permit, allow, encourage,
or authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is treated as a
private school or home school under State law. This section shall not
be construed to bar private, religious, or home schools from
participation in programs or services under the Act.
``SEC. 405. FREEDOM TO CHOOSE.
``None of the funds made available under this Act shall be used to--
``(1) require any individual to choose or pursue a specific
career path or major;
``(2) compel any individual to enter into a specific course
of study which requires as a condition or completion,
attainment of federally-funded or endorsed industry recognized
skills or standards; or
``(3) require any individuals to meet or obtain federally-
funded or endorsed industry recognized skills, certificates, or
standards.
``SEC. 406. LIMITATION FOR CERTAIN STUDENTS.
``None of the funds received under this Act may be used to provide
vocational-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. 407. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
``Nothing in this Act shall be construed to be inconsistent with
applicable Federal laws guaranteeing civil rights.
``SEC. 408. AUTHORIZATION OF SECRETARY.
``For the purposes of increasing and expanding the use of technology
in vocational-technical education instruction, including the training
of vocational-technical education personnel as provided in title II,
the Secretary is authorized to receive funds collected by the Federal
Government from fees for the use of property, rights-of-way, and
easements under the control of Federal departments and agencies for the
placement of telecommunications services that are dependent, in whole
or inpart, upon the utilization of general spectrum rights for the
transmission or reception of such services.
``PART B--STATE ADMINISTRATIVE PROVISIONS
``SEC. 411. JOINT FUNDING.
``(a) General Authority.--Funds made available to States 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 would be 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) Section 123, title II, and title III of the Job
Training Partnership Act.
``(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 the use of funds
as matching funds.
``SEC. 412. 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 would 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. 413. STATE ADMINISTRATIVE COSTS.
``For each fiscal year for which a State receives assistance under
this Act, the State shall provide from non-Federal sources for costs
the State incurs for administration of programs under this Act an
amount that is not less than the amount provided by the State from non-
Federal sources for such costs for the preceding fiscal year.
``SEC. 414. 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.
``SEC. 415. 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
the same 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 the same
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 Vocational-Technical Education Services.--Funds made
available under title II may be used to pay for the costs of
vocational-technical education services required in an individualized
education plan 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 vocational-technical education.
``PART C--DEFINITIONS
``SEC. 421. DEFINITIONS.
``Except as otherwise specified in this Act, as used in this Act:
``(1) Administration.--The term `administration' means
programs of a State necessary for the proper and efficient
performance of its duties under this Act, including
supervision, but does not include curriculum development
programs, personnel development, or research programs.
``(2) All aspects of the industry.--The term `all aspects of
the industry' means strong experience in, and comprehensive
understanding of, the industry that individuals are preparing
to enter.
``(3) Area vocational-technical education school.--The term
`area vocational-technical education school' means--
``(A) a specialized secondary school used exclusively
or principally for the provision of vocational-
technical education to individuals who are available
for study in preparation for entering the labor market;
``(B) the department of a secondary school
exclusively or principally used for providing
vocational-technical education in not fewer than five
different occupational fields to individuals who are
available for study in preparation for entering the
labor market;
``(C) a technical institute or vocational-technical
education school used exclusively or principally for
the provision of vocational-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 institute or school
admits as regular students both individuals who have
completed secondary school and individuals who have
left secondary school; or
``(D) the department or division of a junior college,
or community college, that operates under the policies
of the State board and that provides vocational-
technical education in not fewer than five 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) Cooperative education.--The term `cooperative
education' means a method of instruction of education for
individuals who, through written cooperative arrangements
between a school and employers, receive instruction, including
required academic courses and related instruction, by
alternation of study in school with a job in any occupational
field, which alternation shall be planned and supervised by the
school and employer so that each contributes to the education
and employability of the individual, and 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.
``(5) Displaced homemaker.--The term `displaced homemaker'
means an individual who--
``(A) has worked primarily without remuneration to
care for a home and family, and for that reason has
diminished marketable skills; or
``(B) is a parent whose youngest dependent child will
become ineligible to receive assistance under title I
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 not later than 2 years after
the date of which the parent applies for assistance
under this title.
``(6) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop and manage a service or
program and provide the service or program to a local
educational agency.
``(7) Eligible recipient.--The term `eligible recipient'
means a local educational agency, an area vocational-technical
education school, an educational service agency, an institution
of higher education (as such term is defined in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a))), and a
consortium of such entities.
``(8) Local educational agency.--The term `local educational
agency' has the meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(9) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(10) Representatives of employees.--The term
`representatives of employees' means--
``(A) individuals who have been elected by
organizations, associations, or a network of similar
institutions to represent the economic interests of
employees at a significant segment of workplaces; or
``(B) individuals from organizations, associations,
or a network of similar institutions, with expertise to
represent, or experience representing, the interests of
employees with respect to vocational-technical
education.
``(11) Secondary school.--The term `secondary school' has the
meaning given the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
``(12) Special populations.--The term `special populations'
means individuals with disabilities, economically disadvantaged
individuals, individuals of limited English proficiency, and
individuals participating in nontraditional training and
employment.
``(13) Secretary.--The term `Secretary' means the Secretary
of Education.
``(14) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(15) Tech-prep program.--The term `tech-prep program' means
a program of study that--
``(A) combines at least 2 years of secondary
education (as determined under State law) and 2 years
of postsecondary education in a nonduplicative
sequential course of study;
``(B) strengthens the applied academic component of
vocational-technical education through the integration
of academic and vocational-technical instruction;
``(C) provides technical preparation in an area such
as engineering technology, applied science, a
mechanical, industrial, or practical art or trade,
agriculture, a health occupation, business, or applied
economics;
``(D) builds student competence in mathematics,
science, and communications through applied academics
in a coherent sequence of courses; and
``(E) leads to an associate degree or a certificate
in a specific career field and to high skill, high wage
employment or further education.
``(16) Vocational-technical education.--The term `vocational-
technical education' means organized educational programs
that--
``(A) offer a sequence of courses that provide
individuals with the academic knowledge and skills the
individuals need to prepare for further education and
careers in current or emerging employment sectors; 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, and occupation-specific
skills, of an individual.
``(17) Vocational student organization.--The term `vocational
student organization' means an organization, for individuals
enrolled in programs of vocational-technical education
programs, that engages in programs as an integral part of the
instructional component of such programs, which organization
may have State and national units.''.
SEC. 402. REPEAL OF SMITH-HUGHES VOCATIONAL EDUCATION ACT.
The Act of February 23, 1917 (39 Stat. 929; 20 U.S.C. 11) (commonly
known as the ``Smith-Hughes Vocational Education Act'') is repealed.
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided, the repeals and amendments made by this
Act shall take effect on the date of the enactment of the Carl D.
Perkins Vocational-Technical Education Act Amendments of 1997.
Purpose
The purpose of this Act is to strengthen the academics of
vocational-technical education students, broaden the
opportunities of vocational-technical education students and
send more dollars to the classroom for vocational-technical
education programs.
Committee Action
The Subcommittee on Early Childhood, Youth and Families
held three hearings on the Carl D. Perkins Vocational and
Applied Technology Education Act: May 20, May 22, and June 5,
1997.
The May 20, 1997 hearing was held at Thomas Jefferson High
School for Science and Technology in Alexandria, Virginia. The
Subcommittee received testimony from Geoffrey Jones, Principal,
Thomas Jefferson High School for Science and Technology,
Alexandria, Virginia; David Munger, a parent of a Thomas
Jefferson High School for Science and Technology student,
Fairfax, Virginia; Bernadette Cogswell, a senior at Thomas
Jefferson High School for Science and Technology, Fairfax,
Virginia; and Nancy Opsut, a teacher at Wakefield High School
in Arlington, Virginia. The Subcommittee also received
testimony from Ray Pelletier, Executive Director, Northern
Virginia Technology Council, Herndon, Virginia; Mike Daniels,
Sector Vice President, Science Applications International
Corporation (SAIC), McLean, Virginia; Mychele Brickner, Member
at Large, Fairfax County School Board, Fairfax, Virginia; and
Mark Emery, Vice Chair, Fairfax County School Board, Fairfax,
Virginia.
The May 22, 1997 hearing in Washington, D.C. focused on
vocational-technical education for the 21st Century. The
Subcommittee received testimony from Paul Cole, American
Federation of Teachers, New York, New York; Gary Hoachlander,
President, MPR Associates, Berkley, California; James E.
Bottoms, Vice President for Education and Work, Southern
Regional Education Board, Atlanta, Georgia. The Subcommittee
also received testimony from Jane Karas, Director for Workforce
Development, Montana University System, Helena, Montana;
Orlando George, Jr., President, Delaware Technical and
Community College, Dover, Delaware; and William Pearson,
Associate Superintendent, St. Louis Public School System, St.
Louis, Missouri. Testimony also was received from John
Chocholak, a teacher at Ukiah High School, Ukiah, California;
John Polto, Vocational Administrative Director, Dauphin County
Technical School, Harrisburg, Pennsylvania; Chad Uzarski, a
student at York County Area Vocational-Technical School, York,
Pennsylvania; Barney Knorr, Director, Clarion County Career
Center, Shippenville, Pennsylvania; and Trusse Norris,
Administrative Coordinator, Program Planning and Administrative
Services, Los Angeles Unified School District, Los Angeles,
California.
The June 5, 1997, hearing in Washington, D.C., continued
the review of federal vocational-technical education programs.
The Subcommittee received testimony from the Honorable Patricia
McNeil, Assistant Secretary, Office of Vocational and Adult
Education, U.S. Department of Education, Washington, DC. The
Subcommittee also received testimony from Neils Brooks, Vice
President, National Association of State Directors of
Vocational Technical Education Consortium and Virginia State
Director of the Office of Vocational and Adult Education,
Richmond, Virginia; Carol D'Amico, Senior Fellow, Hudson
Institute, Indianapolis, Indiana; Tom Schultz presenting the
views of the American Vocational Association, Director of
Auburn Career Center, Concord Township, Ohio; Daisy Stewart,
President of the American Vocational Association, Blacksburg,
Virginia; Robert Morrison, Senior Education Advisor, Family
Research Council, Washington, DC; and Robert Bartman,
Commissioner of Education, Missouri Department of Elementary
and Secondary Education, Jefferson City, Missouri.
Introduction of Carl D. Perkins Vocational-Technical Education Act
Amendments of 1997
On June 10, 1997, Representative Frank Riggs (R-CA)
introduced H.R. 1853, the Carl D. Perkins Vocational-Technical
Education Act Amendments of 1997.
Legislative action
On June 12, 1997, the Subcommittee on Early Childhood,
Youth and Families favorably reported the bill with amendments
to the full Committee on Education and the Workforce by a voice
vote.
On June 25, 1997, the Committee on Education and the
Workforce assembled to consider H.R. 1853, the Carl D. Perkins
Vocational-Technical Education Act Amendments of 1997. H.R.
1853, as amended, was favorably reported by the Education and
the Workforce Committee by a vote of 20-18.
Summary
H.R. 1853, the Carl D. Perkins Vocational-Technical Act
Amendments of 1997, amends the Carl D. Perkins Vocational and
Applied Technology Education Act. The legislation authorizes
the program at $1.3 billion for fiscal year 1998 and such sums
through FY 2002. H.R. 1853 reforms the existing vocational-
technical education statute and eliminates several separate
categorical programs. The bill is comprised of five titles.
Title I--Vocational-Technical Education Assistance to the States
Title I amends Title I of the current Act and outlines
funding to the States for vocational-technical education. The
federal to State allotment is changed to more accurately
reflect the population that is being served by the programs.
State set asides for sex equity programs and programs for
single parents, displaced homemakers and single pregnant women
are eliminated as is the 1% set aside for criminal offenders.
The limit on State administrative costs is lowered.
Part B of Title I streamlines the current law detailing the
State organization and planning responsibilities. Provisions
for a State application and approval are detailed. The State
benchmarks required under the Act for vocational-technical
education programs are outlined. The requirement for a State
Council on Vocational Education is repealed.
Title II--Basic State Grants for Vocational-Technical Education
Title II amends the existing Title II of the Act and
describes the basic State grant program authorized under the
Perkins Act. Uses of funds for State and local vocational-
technical education programs are described in this title as
well as the formula to distribute funds to the local level.
Part C--Secondary, Postsecondary, and Adult Vocational
Education Programs of the original Act is modified and moved to
Part B and replaces the current Part B--Other State-
Administered Programs. Part C of Title II is repealed.
Title III--Research and Development
Title III amends Title III of the Act by eliminating all of
the special programs currently authorized under the title and
replacing them with programs for research and development--
formally contained in Title IV of the Act. Part A of Title III
has three components: evaluation and assessment, research, and
demonstrations and dissemination. Part C of Title III
authorizes the tech-prep program. Title III repeals Parts B, D,
E and F of title IV of the Act and authorizes funding for Part
C of Title IV.
Title IV--General Provisions
Title IV amends Title V--General Provisions of the Act.
Part A contains fiscal provisions concerning maintenance of
effort and supplement not supplant. Provisos to protect
homeschoolers, protect the freedom of individuals to
participate in vocational-technical education programs and
civil rights are also outlined. A new section allowing the
Secretary of Education to receive funds from cell tower fees
and use these dollars for vocational-technical education is
also included.
Part B outlines State administrative provisions including
the prohibition on the use of funds to induce businesses to
relocate across State lines, limitation on the Secretary
regarding the issuance of regulations and the effective date
for the legislation. The Smith-Hughes Vocational Education Act
is also repealed.
Part C contains definitions for the Act.
Committee Views
Approximately seventy-five percent of our nation's youth do
not receive a 4-year college degree. Our youth should receive a
high quality education whether they are bound for college, the
military, further training or directly into the workforce.
Today's vocational-technical education students need a quality
education for today's world. These students need strong
academics and relevant skills in order to thrive in today's
economy.
During our review of the Carl D. Perkins Vocational and
Applied Technology Act, the Committee tried to determine what
was working well and what was not. The Committee bill reforms
are built upon successful State and local initiatives so that
vocational-technical education students receive a high quality
education. Several innovative and high quality programs were
found to be already in place in vocational-technical education.
Three themes are echoed throughout the legislation:
strengthening academics, broadening opportunities for
vocational-technical education students and sending more money
down to the local level. A strong academic foundation is
critical for the success of students. Strengthening the
academic component of vocational-technical education was a
theme that resonated throughout the Committee's hearings.
During the June 5, 1997 hearing, Mr. Robert G. Morrison, Senior
Education Advisor at the Family Research Council stated ``we
want to put an end to the stigma that has sometimes been
attached to vocational education. This can be done, we believe,
by strengthening the academic component of vocational education
programs.''
The Subcommittee on Early Childhood, Youth and Families
held a field hearing at Thomas Jefferson High School for
Science and Technology in Fairfax, Virginia on May 20, 1997.
For 6 of the last 7 years, Thomas Jefferson has had the highest
number of national merit semifinalists in the country. The
school offers a rigorous academic program as well as provides
students with ``unique learning experiences in technological
environments''. The school is a vocational school--but not what
people traditionally think of when you mention vocational-
technical education. Thomas Jefferson is a public school
created through partnerships between business and industry and
the governing bodies of the Commonwealth of Virginia and
Northern Virginia.
Mr. Geoffrey Jones, principal of Thomas Jefferson, stated
during the hearing that the school has ``developed partnerships
that optimize private and public sector funding in support of
vocational education. The mission of the school focuses on
preparing students for 21st century occupations and careers.''
Dr. Neils Brooks, Virginia State Director of Vocational and
Adult Education, who testified at the June 5 hearing mentioned
the work of Thomas Jefferson High School. ``We in Virginia hold
Thomas Jefferson as a model because we believe vocational
education students can and should be held to the same high
standards we have for our college bound students. The federal
legislation is an important key to assuring that Virginia can
continue to move in this direction.''
A second theme that resonates throughout the legislation is
broadening opportunities for students. Several years ago
students who wanted to could go directly into the workforce. In
1950, 60 percent of all jobs in the nation were unskilled. By
1990, this figure was 35 percent. By the year 2000, it is
projected to drop to 15%.
We heard from students who had benefited from vocational-
technical education but were choosing different roads. The
Subcommittee on Early Childhood, Youth and Families heard from
Chad Uzarski who testified at the May 22 hearing about the ISO
9002 registration certificate for the precision machine shop
program at York Area Vocational-Technical School. Students are
required to maintain a 2.0 grade point average and the program
has increased the involvement of parents who are kept abreast
of the student's achievements and are called in when the
student experiences academic difficulty. York AVTS sought out
the registration to attract more students to its machinist
program in an attempt to help fill a machinist shortage in the
area. The starting salary for a machinist in York is about
$28,000 per year. The starting salary for a teacher--after 4
years of college--is $26,000 per year.
During the May 20 hearing at Thomas Jefferson High School,
we heard from Bernadette Cogswell a senior at the school. She
stated that the foundation she received from Thomas Jefferson
would serve her for life. She described her mentorship with TRW
in which her project was the installation and modification of
computer programs used to evaluate submarine sonar. She stated:
``Four years ago, I never would have had the background,
skills, knowledge, or confidence to success in my mentorship.
Thomas Jefferson High School for Science and Technology
provided me with those four essential elements to succeed in
the private sector.'' Ms. Cogswell is bound for the Air Force
Academy this fall. She has chosen a road leading to a 4-year
college degree and Mr. Uzarski has chosen a road into the
workforce.
As Mr. Robert Morrison from the Family Research Council
stated at the June 5 hearing:
Parents know that their children's future depends on
their education. But as one family differs from another
and one student from another, so their educational
goals will differ. Some will pursue education for
education's sake; some for spiritual enrichment; some
for economic reasons, some to qualify for specific
jobs...Students, counseled by their parents, should
have the freedom to pursue the educational path that
suits their goals and their abilities.
The third theme found in this legislation is sending more
money to the local level. H.R. 1853 would send 90 percent of
the funds to the local level. If we are going to see true
change in vocational-technical education, it is going to come
from the local level--from teachers who are in the classroom
making a difference.
Under current law, only 75 percent of the dollars actually
flow to local districts. The extra 15 percent that H.R. 1853
proposes to send to the local level would mean close to $15,000
extra dollars for Eau Claire, Wisconsin and over $460,000 for
Dade County Florida.
The 1994 National Assessment of Vocational Education stated
that ``Perkins basic grant funds are associated with greater
reform efforts at the local level.'' By sending 90 percent of
the funds to the local level, the Committee hopes that this
legislation will inspire reform efforts at the local level.
TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
Title I of the bill amends Title I of the Carl D. Perkins
Vocational and Applied Technology Education Act.
Federal to State formula
The legislation proposes to change the way funds are
distributed from the federal level to the States. Under current
law, individuals up to the age of 65 are counted for purposes
of distributing funds. The Committee has altered the funding
formula to target the funds received under this Act to more
directly reflect the population being served by this
legislation. The new formula proposes to send federal dollars
to the States based 50% on the population aged 15-19 and 50% on
the population aged 20-24 with a per capita income weight. Dr.
Pearson, Associate Superintendent of the St. Louis, Missouri
School system, concurred with this philosophy when he stated
that ``(t)he target population for the Perkins Act, should be
structured to where the need is found--that is, youth and young
adults up to aged twenty-four.''
Within State allotment
The legislation significantly alters the amount of dollars
being sent to the local level. Under current Perkins law, only
75 percent of federal dollars currently are required to flow to
the local level. H.R. 1853 would require 90 percent of the
dollars go to the local level. If we are going to see true
change in vocational-technical education, it is not going to
come from the federal level and it is not going to come from
the State level. It is going to come from the local level--from
teachers who are in the classroom making a difference. An extra
10-15% at the local level helps a school buy a $35,000 piece of
machinery they need to stay current with industry. It helps
provide training for teachers to operate these new machines and
stay current with the needs of their profession.
The legislation would also allow a State to retain up to 8
percent of their allocation at the State level for State
activities and up to 2 percent for administrative purposes.
Mr. Pearson argued for ``the need to place maximum funding
at the local levels so that it can, in truth, be targeted at
the classroom level''. He furthered stated that at least 95% of
the funds should be sent to the local level. Clearly, we need
to start at the local level in our efforts to reform
vocational-technical education and that is where we should put
the majority of our federal dollars.
Rural Reserve
The Carl. D. Perkins Vocational-Technical Education Act
Amendments of 1997 allow States to reserve 10% of the funds
flowing to the local level to target poor, rural areas. This
provision provides States with needed discretion in the
equitable distribution of funds throughout the State. The 1994
National Assessment of Vocational Education Final Report to
Congress found ``evidence of greater concentration of funds in
urban areas under the new (1990) legislation''. According to
the report, the 50 largest cities received 20.2 percent of the
basic State grant funds in the first year of the 1990 Act.
Under the 1984 legislation, they received 17.6 percent. By
allowing States the option to target funds to rural areas, the
Committee is trying to remedy a problem inherent in any
federally prescribed formula--rural areas do not receive their
fair share.
The rural areas of America pose some of the most perplexing
problems to Congress. The endearing qualities--wide open spaces
and small populations--are what cause unique educational
challenges. It is hard to imagine that the breathtaking beauty
of the Shenandoah Valley with its rolling hills and panoramic
vistas could be a problem. But within areas of the Shenandoah
Valley are places with high unemployment, high dropout rates
and high illiteracy rates.
The Committee recognizes that urban areas have unique and
complex problems also. The 1990 Perkins Act targeted funds to
these areas and under H.R. 1853, they would still receive a
substantial increase from current law. Los Angeles, California
would receive a 10.4% increase under H.R. 1853, New York City a
9.4% increase and Dade County, Florida a 13.3% increase. What
H.R. 1853 does is to allow States--if they chose--the option of
targeting funds to rural areas in the State such as McCormick
County, South Carolina.
Fifty thousand dollars might not be considered a lot of
money for Chicago, Illinois who received approximately
$7,584,600 last year. However, to Momence, Illinois it could
provide a new distance learning program to teach computer
programming. This provision does not guarantee funds will be
used to help these areas, but it does guarantee that States
have more flexibility in meeting the needs of these
communities.
State administration
H.R. 1853 eliminates the requirement in current law for
States to assign one individual to work full time to administer
programs for single parents, displaced homemakers and sex
equity. States should have the flexibility to administer
programs in a manner that best fits their needs and not have
the decision to hire individuals mandated by the Federal
government. Similarly, the legislation repeals requirements in
current law that States designate individuals to review plans
to ensure that the needs of the disabled, economically
disadvantaged, and students of limited English proficiency are
being met. The decision of who should review an application for
Federal funds is one that should be decided by the State.
The legislation lowers the amount of funds a State may
retain for administrative costs from five to two percent.
Federal dollars should be used for programs to serve
individuals and not to sustain bureaucracies. An October 1994
General Accounting Office (GAO) Report to Congress entitled
``Education Finance, Extent of Federal Funding in State
Education Agencies'' found that State Education Agencies (SEAs)
reserved a greater share of Federal dollars as compared to
State funds for State-level operations even though Federal
dollars comprised less than 10% of total funding. ``Total State
funding received by the SEAs ($113.8 billion) far exceeded
total Federal funding received ($17.5 billion)'' according to
the GAO. The GAO also found that the Federal share of States'
operating funds varied from State to State--from 6% in one
State to 77% in another. The federally funded staff also varied
widely from 10% to 81% across States. The Committee is alarmed
at the high percentage of funds held by some States to operate
programs and bureaucracies. It is the hope of this Committee
that this practice will end and more money will reach the
classroom.
State application
The legislation significantly alters the existing Perkins
statute by streamlining and eliminating many of the
requirements in current law regarding the State application. A
State is required to submit the application for Perkins funds
to the Secretary of Education. The application is deemed
approved unless the Secretary notifies the State in writing
within 90 days that the application is in serious violation of
the Act. Prior to submission of the application to the
Secretary, the State board is charged with conducting public
hearings in the State to afford all segments of the public an
opportunity to present their views and make recommendations. A
summary of these recommendations and the State board's response
shall be included with the State's application for funds.
Furthermore, in developing the State application, the State
board should consult with the State entity responsible for
postsecondary vocational-technical education regarding the
postsecondary portion of the State application and the entity
responsible for secondary vocational-technical education
regarding the secondary portion of the application. The
Committee is aware that a majority of States give control of
vocational-technical education dollars to the State educational
agency which is primarily responsible for elementary and
secondary education. The Committee believes the State agency
responsible for the supervision of community colleges and
technical institutes should have an active and substantive role
in the development of the State application.
Accountability
The Committee believes accountability for federal dollars
is absolutely critical. The Committee does not believe;
however, it is the role of the federal government to mandate
federal ``one size fits all'' benchmarks for States. H.R. 1853
requires States to establish rigorous and quantifiable State
benchmarks to measure the progress of the State. These State
measures at a minimum should include attainment of challenging
State academic proficiencies; attainment of secondary school
diplomas; and placement in, retention in, and completion of,
postsecondary education or advanced training, or placement and
retention in military service or employment. States are
required to annually submit a report to the Secretary on how
they are performing on their State benchmarks. The Secretary is
required to make this information available to the general
public. Local recipients of funds are required to make
available to the general public information on how they are
performing in regard to the State benchmarks.
If a State or local entity fails to meet their State
established benchmarks, then the State or local entity will be
required to develop a program improvement plan to help them
reach these goals. Only after a State has failed to develop an
improvement plan or failed to demonstrate improvement in
meeting the State benchmarks may the Secretary withhold a
portion of a States federal allotment. The Committee would like
to clarify that the only measures that States are being held to
are ones developed by the State. Under no circumstances should
the Secretary of Education impose any type of federal
benchmarks or suggest to a State to use model benchmarks
established by the federal government. The only measures under
this Act are State developed benchmarks.
TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION
The basic State grant is the heart of the Perkins
legislation. It provides funding to State and localities to
improve their vocational-technical education programs. The
Subcommittee heard from numerous individuals during the course
of congressional hearings about the need to develop and improve
the use of technology in vocational-technical education
programs. As such, H.R. 1853 would require State and local
recipients to use some of their federal dollars to develop,
improve or expand the use of technology in vocational-technical
education including the training of personnel in the use of
this technology. The bill encourages the utilization of
technology to upgrade vocational-technical education, ensuring
it will keep pace with technological advances. Mr. Michael A.
Daniels, Sector Vice President for Science Applications
International Corporation, testified that a strong vocational-
technical education program is critical to the needs of the
information technology industry. He noted that a survey done by
the Northern Virginia Technology Council of its 600 member
firms found that the number one issue for them was the issue of
a qualified workforce. The Subcommittee heard at the May 20
Thomas Jefferson hearing that 18,000 jobs are currently
unfilled in Northern Virginia because individuals do not have
the skills to fill them. The average salary for these jobs is
over $45,000. Mr. Ray Pelletier, Executive Director of the
Northern Virginia Technology Council, noted at the May 20
hearing that member companies of the Northern Virginia
Technology Council ``estimate that less than forty percent of
applicants for technology positions have the skills our
companies are seeking.'' He noted also that ``400 technology
companies in Northern Virginia expect that their greatest
employment demand will be for workers with training beyond high
school, but less than a bachelor's degree.''
A strong academic foundation is the root of a qualified
workforce--whether you are an auto mechanic or a pediatrician.
H.R. 1853 requires vocational-technical education programs to
strengthen their academics through the integration of academic
and vocational-technical education courses. Some vocational-
technical education students may learn Pythagorean's theorem
through a book while other vocational-technical education
students may learn it while building a house. Vocational-
technical students learn in different ways, but the most
important thing is that they learn and retain the concept.
Within State funding formula
H.R. 1853 modifies the formula for distributing funds to
secondary programs at the local level. Under current law, the
funds are distributed 70% based on the Title I formula, 20% on
the number of children with disabilities who have
individualized education programs under section 614(d) of the
Individuals with Disabilities Education Act and 10% on the
number of students and adults enrolled in vocational-technical
education programs under the jurisdiction of the local
educational agency. Rather than basing the Perkins formula on
other federal formulas, the Committee believes strongly that
the Perkins Act should have a formula based on pure variables
such as poverty and population.
The within State secondary funding formula in the
legislation distributes funds based 50% on the proportion of
population aged 15-19 and 50% on the proportion of population
aged 15-19 living in poverty. The intent of the change is to
focus federal dollars on the population the legislation is
trying to serve. Under the current within State secondary
formula, 70% of the funds are distributed by a formula which
predominantly serves elementary school children. This is not an
elementary school program but an optional course of study for
secondary school students. A formula should be based on the
number of secondary school students and not elementary
students.
H.R. 1853 authorizes funding for secondary and
postsecondary vocational-technical education programs.
Vocational-technical education is an optional course of study
which many students elect to pursue. It is not a poverty
program. The Committee wants to authorize a program for
students who are interested in vocational-technical education
and not just low-income students. By having a within State
formula heavily weighted to poverty, you are stigmatizing the
program as a poverty program--unwillingly or not. The National
Assessment of Vocational Education recognized this point and
noted ``that factors other than the students' best interests
will become more prominent in placement decisions.''
The secondary within State formula proposed in H.R. 1853
also is more consistent with the federal to State formula which
is primarily based on population ages 15 through 24 and has a
per capita weight. Examples of how several large cities do
under H.R. 1853 as compared to current law as well as a cross-
section of schools districts are outlined in the tables below.
TABLE 1.--FUNDING OF LARGE CITIES UNDER CURRENT LAW AND H.R. 1853
----------------------------------------------------------------------------------------------------------------
Percentage
Current law House bill--H.R. change from
formula 1853 current law
----------------------------------------------------------------------------------------------------------------
New York City................................................ $14,426,900 $15,780,800 +9.4
Boston....................................................... 1,488,700 1,544,700 +3.8
Chicago...................................................... 7,584,600 7,998,100 +5.5
Los Angeles.................................................. 6,104,900 6,738,800 +10.4
St. Louis.................................................... 1,456,700 1,507,400 +3.5
Memphis...................................................... 2,595,700 2,825,100 +8.8
Dade County.................................................. 3,522,800 3,989,700 +13.3
Buffalo...................................................... 782,500 827,500 +5.8
Dallas....................................................... 1,608,000 1,840,400 +14.5
St. Louis, MO................................................ 1,456,700 1,507,400 +3.5
Richmond, CA................................................. 225,200 265,800 +18
Flint, MI.................................................... 527,400 541,100 +2.6
Los Angeles, CA.............................................. 6,104,900 6,738,800 +10.4
New York, NY................................................. 14,426,900 15,780,800 +9.4
Newark, NJ................................................... 1,365,400 1,349,000 -1.2
Honolulu, HI................................................. 1,219,500 1,493,800 +22.5
Woodbury, NJ................................................. 24,500 27,100 +10.6
South Bend, IN............................................... 331,200 380,700 +15
Newport News, VA............................................. 594,600 650,600 +9.4
Santa Rosa, CA............................................... 36,600 50,900 +39.1
Philadelphia, PA............................................. 4,637,400 4,908,100 +5.8
McAllen, TX.................................................. 303,900 326,400 +7.4
Hempstead, NY................................................ 57,700 68,300 +18.4
Lynn, MA..................................................... 241,200 255,300 +5.9
Eau Claire, WI............................................... 86,100 100,800 +17.1
Garden Grove, CA............................................. 234,200 290,400 +24
Memphis, TN.................................................. 2,595,700 2,825,100 +8.8
Lakewood, OH................................................. 103,400 132,000 +27.7
----------------------------------------------------------------------------------------------------------------
The legislation retains much of current law in distributing
funds to the postsecondary level and continues the policy of
allowing States to decide how to divide their federal allotment
between secondary and postsecondary vocational-technical
education programs. H.R. 1853 retains current law language
which allows States to develop their own postsecondary formula
if they can demonstrate that an alternative formula results in
a distribution of funds to institutions within the State that
have the highest numbers of economically disadvantaged
individuals. The Committee believes there are approximately 14
States to date who have developed their own formula. The
Committee has added a new provision that would allow States to
develop an alternative formula for the distribution of funds to
secondary schools based on areas of greatest economic need. The
Committee recognizes that States are in a better position to
evaluate the needs of their local jurisdictions and therefore
allows States to develop an alternative secondary formula that
would better target those areas of the State most in need.
In trying to make the formula more equitable, H.R. 1853
lowers the minimum grant amount to $7,500 for local educational
agencies and $20,000 for postsecondary institutions. The intent
of this change is to allow more rural and smaller communities
to receive funds. The 1990 Act instituted an arbitrary level of
$15,000 for local educational agencies and $50,000 for
postsecondary institutions. This provision had the effect of
eliminating many smaller communities and Indian tribes from
receiving funds. The Committee received numerous comments from
individuals who supported lowering this threshold. The
Committee believes that $7,500 is a large enough sum to have a
significant impact on local programs and will make improvements
to vocational-technical education programs.
H.R. 1853 modifies the existing waiver language pertaining
to minimum grant awards in current law. The legislation would
require States to approve an application for a waiver in the
case of a local educational agency located in a rural, sparsely
populated area or for a public charter school operating
secondary vocational-technical education programs. It is the
understanding of the Committee that areas within a 50 mile
radius of another school are not considered to be rural. It is
unrealistic to expect schools 99 miles apart to form consortia
for the purposes of providing vocational-technical education.
The Committee strongly recommends that this policy be reviewed
and find a distance that does not require a student to spend
many hours per day on a bus.
The Committee has received testimony that many charter
schools do not receive their fair share of federal funds. H.R.
1853 ensures that secondary charter schools providing
vocational-technical education programs will be funded if they
are eligible to receive Perkins funds under this waiver.
The legislation retains language from the existing statute
which permits local educational agencies to form consortia for
the purpose of offering vocational-technical education
programs. By lowering the minimum grant amount to local
educational agencies, the Committee does not want to discourage
consortium that are currently operating effective programs. The
Committee wants to clarify that consortia are an optional
arrangement by local educational agencies and are still bound
by the policies of the local school boards under which they
operate.
The Committee is concerned that the Department of Education
could not report to Congress on how States were distributing
funds to local areas. H.R. 1853 requires the Secretary of
Education to collect information from the States to report to
Congress on how funds under this Act are being allotted to
local eligible recipients. This information will help in future
reviews of this Act to analyze whether these funds are being
equitably distributed.
Postsecondary vocational-technical education
Seventy-five percent of our youth do not receive a 4-year
college degree. While the opportunity for college should be
open to everyone, the Federal government should not discourage
students who choose not to pursue that option if they choose to
enter a vocational-technical education program. The Committee
heard from witnesses that while postsecondary education was
becoming more important, a 4-year college degree is not
necessarily needed. Dr. Carol D'Amico from the Hudson Institute
noted at the June 5 hearing:
Americans are infatuated with the college degree and
believe it is the ticket to a financially successful
middle-class life. Yet while in the past decade college
degree holders have realized wage gains beyond those
without degrees, not all college degrees assure
financial success or rewarding careers. Many well
paying jobs of the future, while requiring post high
school education, do not require a four-year bachelor's
degree.
Community colleges are critical providers of postsecondary
vocational-technical education. These institutions provide
education and training for high skill, high wage jobs that are
necessary to help America remain competitive in the world
today. Community colleges have campuses within a sixty minute
drive for ninety percent of the population. As such, they are
in the unique position of providing education to recent high
school graduates as well as to older, non-traditional students
who are coming back to retrain for a new job.
As we enter the next century, community colleges will play
an even more important role in vocational-technical education.
As Dr. D'Amico stated, ``workers will need a strong grounding
in the `new basics' mentioned before--reading, writing, math,
reasoning, and computing. Those who will thrive in the future
will need not only a strong background in these so-called
basics but also a flexible and creative approach toward their
own career development.''
Special populations
H.R. 1853 makes significant changes to the existing statute
with regard to special populations. The statutory requirement
mandating States to assign one individual to work full time to
administer programs for single parents, displaced homemakers
and sex equity is repealed. The 10.5% set aside for single
parents, displaced homemakers, single pregnant women and sex
equity programs is repealed. The Committee believes that the
best way to serve these individuals is to raise the quality of
vocational-technical education programs for all participants in
vocational-technical education. This belief was reiterated in
hearings on the Act. Mr. Paul Cole, Vice President of the
American Federation of Teachers, stated at the May 22, 1997
hearing that ``(f)ederal legislation should eliminate set-
asides at state and local levels. For instance, funding
formulas for special populations are harmful when they provide
an incentive for schools to retain students in these categories
because funding depends on it.''
The 1994 National Assessment of Vocational Education Final
Report to Congress on the 1990 Act also found evidence that the
policies pursued in the 1990 legislation in the treatment of
special populations were detrimental to vocational-technical
education. The study found evidence that vocational-technical
education programs had become a ``dumping ground'' for special
population students because of the 1990 Act. It found evidence
of stigmatization of vocational-technical education classes
where large numbers of special population students are
concentrated in vocational-technical education programs and a
``tipping point'' at which other students avoid vocational-
technical education programs.
Special population students are an increasing
proportion of all vocational students, and higher
achieving students are a decreasing proportion. The
Perkins emphasis on recruiting special population
students to vocational education may be among the
factors contributing to this tendency.
While H.R. 1853 eliminates set asides, it does not forget
special populations. Rather than mandating services, States are
asked to report on how these students are performing. The
legislation also gives States and local recipients the
discretion to continue to fund programs for certain special
populations such as displaced homemakers. Provisions for
special populations are made in the State application,
accountability, State activities and local activities sections
of the bill.
TITLE III--RESEARCH AND DEVELOPMENT
Title III of H.R. 1853 repeals the existing Title III--
Special Programs of the Perkins Act. Title IV--National
Programs of the current Act is moved to Title III with
substantial revisions. Parts B, D, E and F of Title IV are
repealed.
Part A is amended to provide for a separate authorization
for national programs. The Committee intends that this funding
be appropriated separately from the basic State grant and that
no funds from the basic State grant should be used for national
programs. Activities authorized include an independent
evaluation and assessment of programs funded under this Act,
research and demonstrations. The bill also allows the Secretary
to collect information from States on how they are performing
on their State benchmarks and to make this information
available to other States.
Part C of Title III is amended to provide for an
authorization and moved to Part B. The new Part C provides for
a separate authorization for the tech-prep program currently
authorized under Title III. Ten percent of the total amount
available for basic State grants is used for funding tech-prep
programs. The Committee heard from a number of witnesses who
voiced their strong support for this program. Mr. Tom Schultz
speaking on behalf of the American Vocational Association noted
that Tech Prep had helped students successfully make the
transition from high school to postsecondary programs. He
noted, ``students see the need for and the way to higher levels
of education. Further, in order to prepare students for
postsecondary education, secondary programs are becoming
increasingly rigorous.''
TITLE IV--GENERAL PROVISIONS
Title IV amends Title V--General Provisions of the Act.
Part A contains fiscal provisions concerning maintenance of
effort and the requirement that States supplement not supplant
Federal vocational-technical education funds. Provisos to
protect homeschoolers, protect the freedom of individuals to
participate in vocational-technical education programs and
civil rights are also outlined.
Recognizing the importance of funding for education
technology and the increasing role it plays in vocational-
technical education, a new section was added to the General
Provisions. The Committee held discussions with the House
Committee on Commerce to find new ways to generate funds for
education technology. This new section would allow the
Secretary of Education to receive funds generated from cell
tower fees and use them for vocational-technical education
should those funds be directed by the Commerce Committee toward
this Act.
Part B outlines State administrative provisions including
the prohibition on the use of funds to induce businesses to
relocate across State lines if it results in job loss. Part B
also limits the Secretary on the issuance of regulations and
establishes the effective date for the legislation. The Smith-
Hughes Vocational Education Act is also repealed.
Repeal of the Smith Hughes Act was included in the House
Budget Resolution and was also part of the budget agreement
between the Clinton Administration and the Congress. Repeal of
the Smith-Hughes Act was also proposed by the Clinton
Administration in their 1998 Budget. It does not make sense to
continue a separate, duplicative program for $7.1 million when
these funds are added into the Vocational Education Basic State
Grant Program and have been for several years.
Part C contains definitions for the Act.
The Committee also adopted an amendment by Mr. Schaffer
which prohibits Perkins funds to be used for vocational
technical education programs prior to the seventh grade. This
amendment will ensure that younger children will not be forced
to participate in career tracking programs. However, the
Schaffer allows local schools to use equipment, such as
computers purchased with Perkins dollars for purposes other
than vocational technical education.
Section-by-Section Analysis
H.R. 1853, the ``Carl D. Perkins Vocational-Technical
Education Act Amendments of 1997'' as reported by the Committee
on Education and the Workforce on June 25, 1997.
Section 1 contains the short title of the bill.
Section 2 cites references to the Carl D. Perkins
Vocational and Applied Technology Education Act.
Section 3 repeals the table of contents.
Section 4 amends Section 2 of the Carl D. Perkins
Vocational and Applied Technology Education Act to modify the
purpose.
Section 5 amends Section 3 of the Act to provide $1.3
billion authorization of appropriations for programs under this
Act for FY 1998 and such sums through FY 2002.
TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
Section 101 amends Section 101 of the Act by providing for
the allotment of funds under the basic State grant program,
including amounts reserved by the Secretary of Education for
Indian and Native Hawaiian programs (1.5%) and for the
territories (0.2%). The federal to State formula is outlined.
Section 101A amends Section 101A of the Act and outlines
requirements for the allotment of funds to the territories.
Section 102 amends Section 102 of the Act and provides for
the allocation of funds within a State. Not less than 90% of a
State's allotment must be allocated to the local level, not
more than 8% for State activities and not more than 2% for
State administrative costs. A State may reserve up to 10% of
its allotment (from amounts allocated to local areas) for
grants to rural areas. A State may also reserve up to 5% of its
allotment (from amounts allocated to local areas) to make
incentive awards to local eligible recipients.
Section 103 amends Section 103 of the Act to provide grants
for Native Americans and Native Hawaiians.
Section 104 establishes a new section which maintains a $4
million authorization for tribally controlled postsecondary
vocational-technical institutions.
Part B--State Organization and Planning Responsibilities
Section 111 amends Section 111 of the Act which outlines
the State administrative requirements of the Act.
Section 112 repeals Section 112 of the Act requiring a
State Council on vocational education.
Section 113 amends Section 113 of the Act and redesignates
it as Section 112. The section outlines State application
requirements for the Act.
Section 114 amends Section 114 of the Act and redesignates
it as Section 113. Provision requires States to submit an
application to the Secretary to receive funds under this Act.
The application shall be approved by the Secretary unless a
written determination is made within 90 days that the plan is
in violation of the Act.
Section 115 outlines a new Section 114 to require States to
develop State benchmarks to measure the progress of individuals
in vocational-technical education programs. States and local
eligible recipients that fail to meet their State established
benchmarks must submit a program improvement plan for the
succeeding program year. The Secretary may impose sanctions on
States who fail to meet their State benchmarks. States must
report to the Secretary on how they are performing on their
State benchmarks. The Secretary shall make this information
available to the general public.
Section 116 repeals Sections 115, 116, 117 and 118 of the
Act.
TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION
Section 201 amends Section 201 of the Act which outlines
the uses of funds at the State level.
Section 202 amends part B of Title II to read as follows:
``Part B--Secondary, Postsecondary and Adult Vocational-Technical
Education Programs
``Section 221 outlines the distribution of funds to
secondary school programs by a formula based 50% on the
population aged 15-19 and 50% on the population aged 15-19
living in poverty. The provision includes a holdharmless for
the first year, allows for a waiver to develop an alternative
formula, establishes a minimum grant amount of $7,500 and
requires waivers to rural and charter schools. Provisions are
made for distribution of funds to area vocational-technical
schools and consortia. The Secretary is required to collect
data on how States are distributing funds to local educational
agencies.
``Section 222 outlines the distribution of funds to
postsecondary schools by a formula based on the number of Pell
Grant recipients in the State. Provisions are made for an
alternative formula, consortia and a minimum grant amount of
$20,000.
``Section 223 provides rules for allocation of minimal
amounts, redistribution of funds returned late in an academic
year, secondary-postsecondary consortia and charter schools.
``Section 224 outlines the local application.
``Section 225 describes uses of funds at the local level. A
2% limit is levied on the administrative costs associated with
the administration of the grant.
Section 203 repeals Part C of Title II of the Act.
TITLE III--RESEARCH AND DEVELOPMENT
Section 301 amends Title III of the Act to read as follows:
``Part A--Research and Development
``Section 301 provides for evaluation and assessment,
research, demonstrations and dissemination of information
regarding vocational-technical education programs funded under
this Act.
Section 302 amends Part B of Title III of the Act to read
as follows:
``Part C--Tech-Prep Education
``Section 321 authorizes the tech-prep education program.
``Section 322 describes the application to receive tech-
prep education funds.
``Section 323 requires States that receive tech prep funds
to report to the Secretary on the effectiveness of their tech-
prep programs.
``Section 324 states that funds shall be allotted to States
in the same manner as funds under the basic State grant
program.
``Section 325 authorizes ten percent of the total amount
authorized under this Act for tech-prep education programs.
Section 303 amends Part C of Title IV of the Act to
redesignate Sections 421 through 424 as Sections 311 through
314, and 303 by adding Section 315 providing for an
authorization for Part B.
Section 304 repeals Part C of Title III of the Act, and
Parts A, B, E, and F of Title IV of the Act.
TITLE IV--GENERAL PROVISIONS
Section 401 amends Title V of the Act to read as follows:
``Title IV--General Provisions
``Part A--Federal Administrative Provisions
``Section 401 requires the Secretary to pay States the
federal share of costs for carrying out the State plan..
``Section 402 provides for supplement not supplant and
maintenance of effort fiscal requirements.
``Section 403 maintains language from the Act which limits
the authority for payments to the amounts provided under
appropriations.
``Section 404 protects the rights of private, religious and
home school educated students.
``Section 405 protects the rights of individuals to chose
to participate in vocational-technical education programs
authorized under this Act.
``Section 406 maintains language from the Act which
guarantees that federal civil rights laws will be followed
under this Act.
``Section 407 allows the Secretary of Education to receive
funds from the collection of cell tower fees to expand the use
of technology in vocational-technical education.
``Part B--State Administrative Provisions
``Section 411 maintains language from the Act which allows
States to use funds provided under this Act to provide
additional funds under an applicable program if the program
meets the purposes of this Act.
``Section 412 maintains language prohibiting States from
using federal dollars to induce out-of-state relocation of
business.
``Section 413 maintains a provision from the Act regarding
State administrative costs.
``Section 414 limits the Secretary's authority to issue
regulations under this Act.
``Section 415 maintains language from the Act which
addresses the treatment of assistance under this Act in regard
to student financial assistance and attendance costs.
``Part C--Definitions
``Section 421 outlines definitions used under this Act.
Section 402 repeals the Smith-Hughes Act.
Section 403 establishes the effective date as the date of
enactment.
Explanation of Amendment
The Amendment in the Nature of a Substitute is explained in
this report.
Oversight Findings of the Committee
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives and clause 2(b)(1) of
rule X of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in the body of this report.
Government Reform and Oversight
With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations form the Committee on Government Reform and
Oversight on the subject of H.R. 1853.
Committee Estimate
Clause 7 of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 1853. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Constitutional Authority
The Carl D. Perkins Vocational and Applied Technology
Education Act and the amendments made thereto by H.R. 1853, are
Constitutional under the spending clause of the constitution,
Article I section 8, clause 1.
Application of Law to Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill provides funds to States for programs and
services to eligible recipients; the bill does not prohibit
legislative branch employees from otherwise being eligible for
such services.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act requires a statement of whether the provisions of
the reported bill include unfunded mandates. The Committee
received a letter regarding unfunded mandates from the Director
of the Congressional Budget Office and as such the Committee
agrees that the bill does not contain any unfunded mandates.
See infra.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the House of Representatives and section 308(a) of
the Congressional Budget Act of 1974 and with respect to
requirements of clause 2(l)(3)(C) of rule XI of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 1853 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 10, 1997.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1853, the Carl D.
Perkins Vocational-Technical Education Act Amendments of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin Latus.
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 1853--Carl D. Perkins Vocational-Technical Education Act
Amendments of 1997
Summary: H.R. 1853 would amend the Carl D. Perkins
Vocational Education Act by reauthorizing federal spending for
vocational education grants. The bill would authorize
appropriations of $1.3 billion for these purposes in fiscal
year 1998; the actual 1997 appropriations for these programs
were $1.1 billion. Authorizations of appropriations would total
$7.2 billion over the 1998-2002 period with adjustments for
inflation, or $6.8 billion over the same period without these
adjustments. In addition, H.R. 1853 would repeal the Smith-
Hughes Act, resulting in savings in direct spending of $30
million in outlays over the 1998-2002 period.
The bill would alter the formula used to distribute funds
to states and would also allow more money to go directly to
localities. it would also eliminate several set-asides that are
authorized under current law.
H.R. 1853 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act of 1995
(UMRA), and CBO estimates that its enactment would not impose
any costs on state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1853 is shown in the following three
tables. The costs of this legislation fall within budget
function 500 (Education, Training, Employment, and Social
Services).
ESTIMATED BUDGETARY IMPACT OF H.R. 1853, WITH ADJUSTMENTS FOR INFLATION
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization of Appropriations Under Current Law:
Budget Authority................................ 1,132 0 0 0 0 0
Estimated Outlays............................... 1,093 986 225 23 0 0
Proposed Changes:
Sec. 5, Grants to States for Vocational-
Technical Education:
Estimated Authorization Level............... 0 1,300 1,336 1,371 1,408 1,446
Estimated Outlays........................... 0 156 1,044 1,307 1,368 1,404
Sec. 104, Tribally-Controlled Postsecondary
Vocational Institutions:
Estimated Authorization Level............... 0 4 4 4 4 4
Estimated Outlays........................... 0 0 3 4 4 4
Sec. 301, Research and Development:
Estimated Authorization Level............... 0 15 15 16 16 17
Estimated Outlays........................... 0 2 12 15 16 16
Sec. 304, Vocational-Technical Education
Instruction:
Estimated Authorization Level............... 0 5 5 5 5 6
Estimated Outlays........................... 0 1 4 5 5 5
Sec. 401, Vocational-Technical Education
Instruction:
Estimated Authorization Level............... 0 20 30 40 40 50
Estimated Outlays........................... 0 2 17 29 38 41
-----------------------------------------------------------
Total Proposed Changes:
Estimated Authorization Level........... 0 1,344 1,390 1,436 1,474 1,523
Estimated Outlays....................... 0 161 1,081 1,360 1,431 1,471
Total Authorizations of Appropriations under H.R.
1853:
Budget Authority/Estimated Authorization Level.. 1,132 1,344 1,390 1,436 1,474 1,523
Estimated Outlays............................... 1,093 1,148 1,306 1,382 1,431 1,471
----------------------------------------------------------------------------------------------------------------
Notes.--The 1997 levels are the amounts appropriated. Components may not sum to totals due to rounding.
ESTIMATED BUDGETARY IMPACT OF H.R. 1853, WITHOUT ADJUSTMENTS FOR INFLATION
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization of Appropriations Under Current Law:
Budget Authority................................ 1,132 0 0 0 0 0
Estimated Outlays............................... 1,093 986 225 23 0 0
Proposed Changes:
Sec. 5, Grants to States for Vocational-
Technical Education:
Estimated Authorization Level............... 0 1,300 1,300 1,300 1,300 1,300
Estimated Outlays........................... 0 156 1,040 1,274 1,300 1,300
Sec. 104, Tribally-Controlled Postsecondary
Vocational Institutions:
Estimated Authorization Level............... 0 4 4 4 4 4
Estimated Outlays........................... 0 0 3 4 4 4
Sec. 301, Research and Development:
Estimated Authorization Level............... 0 15 15 15 15 15
Estimated Outlays........................... 0 2 12 15 15 15
Sec. 304, Vocational-Technical Education
Instruction:
Estimated Authorization Level............... 0 5 5 5 5 5
Estimated Outlays........................... 0 1 4 5 5 5
Sec. 401, Vocational-Technical Education
Instruction:
Estimated Authorization Level............... 0 20 30 40 40 50
Estimated Outlays........................... 0 2 17 29 38 41
-----------------------------------------------------------
Total Proposed Changes:
Estimated Authorization Level........... 0 1,344 1,354 1,364 1,364 1,374
Estimated Outlays....................... 0 161 1,076 1,326 1,362 1,365
Total Authorizations of Appropriations under H.R.
1853:
Budget Authority/Estimated Authorization Level.. 1,132 1,344 1,354 1,364 1,364 1,374
Estimated Outlays............................... 1,093 1,148 1,302 1,349 1,362 1,365
----------------------------------------------------------------------------------------------------------------
Notes.--The 1997 levels are the amount appropriated. Components may not sum to totals due to rounding.
ESTIMATED BUDGETARY IMPACT OF H.R. 1853: DIRECT SPENDING
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
Direct Spending Under Current Law:
Estimated Budget Authority...................... 7 7 7 7 7 7
Estimated Outlays............................... 7 7 7 7 7 7
Proposed Changes:
Estimated Budget Authority...................... ........ -7 -7 -7 -7 -7
Estimated Outlays............................... ........ -1 -7 -7 -7 -7
Direct Spending Under H.R. 1853:
Estimated Budget Authority...................... 7 0 0 0 0 0
Estimated Outlays............................... 7 6 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: The spending that would occur under H.R.
1853 would be subject to the availability of appropriated
funds. Estimated outlays are based on the historical spending
of programs authorized by the Carl D. Perkins Vocational
Education Act. The amendments made by this bill would be
effective on the date of enactment, which CBO assumes would be
October 1, 1997.
Authorizations of appropriations
Section 5 would authorize appropriations for grants to
states for vocational-technical education. Under current law,
the authorization of appropriations for these grants only
extends through fiscal year 1997. The bill would authorize $1.3
billion for fiscal year 1998 for this assistance and such sums
as necessary for fiscal years 1999 through 2002. The increase
in authorizations would total $6.9 billion with adjustments for
inflation, and $6.5 billion without adjustments for inflation,
over the 1998-2002 period.
Section 104 of H.R. 1853 would authorize appropriations for
tribally-controlled postsecondary vocational institutions. This
section would authorize $4 million in spending for 1998, and a
total of $21 million over the 1998-2002 period with adjustments
for inflation.
Section 301 of the bill would authorize such sums as may be
necessary for fiscal years 1998-2002 for research and
development of vocational education programs. Activities
authorized for the Secretary of Education include evaluations,
assessments of vocational education programs (i.e., determining
whether they are effective in preparing individuals for
postsecondary education or high-skill, high-wage careers),
research on ways to improve programs, demonstrations, and
dissemination of information on best practices. These types of
activities are currently authorized under the Carl D. Perkins
Vocational Education Act. Therefore, fiscal year 1997
appropriations for these activities were used as a benchmark
for estimating authorizations of appropriations under this
bill. CBO estimates that this section would authorize
appropriations of $15 million in fiscal year 1998 and $79
million over the 1998-2002 period with adjustments for
inflation.
Section 304 of H.R. 1853 would reauthorize spending on
vocational-technical education and occupational information
data systems. Authorizations of appropriations for these
systems have expired. The bill authorizes such sums as may be
necessary for fiscal years 1998-2002 for this program.
Authorizations of appropriations are estimated to be $5 million
in 1998 and $26 million over the five-year period with
adjustments for inflation.
Section 401 of the bill would authorize the Secretary to
receive--for the purposes of expanding the use of technology in
vocational-technical instruction--fees collected by the federal
government from private entities that use federal property for
telecommunications services. The spending of these fees would
be subject to appropriation. CBO estimates that over the 1998-
2002 period about $180 million in fees collected would be
available for appropriation under this section.
H.R. 1853 would repeal Sections 112, 115, 116, 117, and
118, Part C of Title II, and parts B, D, E, and F of Title IV
of the Carl D. Perkins Vocational Education Act. These sections
include state councils on vocational education, requirements on
states for program evaluations, and bilingual vocational
education. Since these sections do not include any
authorizations of appropriations for fiscal years 1998 or
beyond, CBO shows no budgetary impact from their repeal.
Direct spending
Section 402 of H.R. 1853 would repeal the Smith-Hughes
Vocational Education Act. The Smith-Hughes Act provides
mandatory funding for vocational education of about $7 million
a year. Repealing this act would yield savings in direct
spending of $1 million in outlays in 1998 and $30 million over
the 1998-2002 period.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending
and receipts through 1998. CBO estimates that enacting H.R.
1853 would decrease direct spending in fiscal year 1998 by $1
million.
Estimated impact on State, local, and tribal governments:
H.R. 1853 contains no intergovernmental mandates as defined in
UMRA, and CBO estimates that its enactment would not impose any
costs on state, local, or tribal governments. The bill would
restructure the federal program that provides grants to state,
local, and tribal governments for vocational and applied
technology education.
Estimated impact on the private sector: The bill contains
no private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995.
Estimate prepared by: Federal Cost: Justin Latus and
Christina Hawley Sadoi; Impact on State, Local, and Tribal
Governments: Marc Nicole; and Impact on the Private Sector:
Kathryn Rarick.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
[(a) Short Title.--]This Act may be cited as the ``Carl D.
Perkins [Vocational and Applied Technology] Vocational-
Technical Education Act''.
[(b) Table of Contents.--The table of contents for this Act
is as follows:
[TABLE OF CONTENTS
[Sec. 1. Short title; table of contents.
[Sec. 2. Statement of purpose.
[Sec. 3. Authorization of appropriations.
[TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES
[Part A--Allotment and Allocation
[Sec. 101. Allotment.
[Sec. 101A. The territories.
[Sec. 102. Within State allocation.
[Sec. 103. Indian and Hawaiian natives programs.
[Part B--State Organizational and Planning Responsibilities
[Sec. 111. State administration.
[Sec. 112. State council on vocational education.
[Sec. 113. State plan.
[Sec. 114. State plan approval.
[Sec. 115. State and local standards and measures.
[Sec. 116. State assessment and evaluation.
[Sec. 117. Program evaluation and improvement.
[Sec. 118. Criteria for services and activities for individuals who are
members of special populations.
[TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION
[Part A--State Programs
[Sec. 201. State programs and State leadership.
[Part B--Other State-Administered Programs
[Subpart 1--Programs to Provide Single Parents, Displaced Homemakers,
and Single Pregnant Women With Marketable Skills and to Promote the
Elimination of Sex Bias
[Sec. 221. Programs for single parents, displaced homemakers, and single
pregnant women.
[Sec. 222. Sex equity programs.
[Sec. 223. Competitive award of amounts; evaluation of programs.
[Subpart 2--Corrections Education
[Sec. 225. Programs for criminal offenders.
[Part C--Secondary, Postsecondary, and Adult Vocational Education
Programs
[Subpart 1--Within State Allocation
[Sec. 231. Distribution of funds to secondary school programs.
[Sec. 232. Distribution of funds to postsecondary and adult programs.
[Sec. 233. Special rule for minimal allocation.
[Sec. 234. Reallocation.
[Subpart 2--Uses of Funds
[Sec. 235. Uses of funds.
[Subpart 3--Local Application
[Sec. 240. Local application.
[TITLE III--SPECIAL PROGRAMS
[Part A--State Assistance for Vocational Education Support Programs by
Community-Based Organizations
[Sec. 301. Applications.
[Sec. 302. Uses of funds.
[Part B--Consumer and Homemaking Education
[Sec. 311. Consumer and homemaking education grants.
[Sec. 312. Use of funds from consumer and homemaking education grants.
[Sec. 313. Information dissemination and leadership.
[Part C--Comprehensive Career Guidance and Counseling Programs
[Sec. 321. Grants for career guidance and counseling.
[Sec. 322. Use of funds from career guidance and counseling grants.
[Sec. 323. Information dissemination and leadership.
[Part D--Business-Labor-Education Partnership for Training
[Sec. 331. Findings and purpose.
[Sec. 332. Authorization of grants.
[Sec. 333. Use of funds.
[Part E--Tech-Prep Education
[Sec. 341. Short title.
[Sec. 342. Findings and purpose.
[Sec. 343. Program authorized.
[Sec. 344. Tech-prep education programs.
[Sec. 345. Applications.
[Sec. 346. Reports.
[Sec. 347. Definitions.
[Part F--Supplementary State Grants for Facilities and Equipment and
Other Program Improvement Activities
[Sec. 351. Statement of purpose.
[Sec. 352. Allotment to States.
[Sec. 353. Allocation to local educational agencies.
[Sec. 354. Uses of funds.
[Sec. 355. State applications.
[Sec. 356. Local applications.
[Part G--Community Education Employment Centers and Vocational Education
Lighthouse Schools
[Subpart 1--Community Education Employment Centers
[Sec. 361. Short title.
[Sec. 362. Purpose.
[Sec. 363. Program authorized.
[Sec. 364. Program requirements.
[Sec. 365. Support services requirements.
[Sec. 366. Parental and community participation.
[Sec. 367. Professional staff.
[Sec. 368. Eligibility.
[Sec. 369. Application.
[Sec. 370. Evaluation and report.
[Sec. 371. Definitions.
[Subpart 2--Vocational Education Lighthouse Schools
[Sec. 375. Vocational education lighthouse schools.
[Part H--Tribally Controlled Postsecondary Vocational Institutions
[Sec. 381. Short title.
[Sec. 382. Purpose.
[Sec. 383. Grants authorized.
[Sec. 384. Eligible grant recipients.
[Sec. 385. Grants to tribally controlled postsecondary vocational
institutions.
[Sec. 386. Amounts of grants.
[Sec. 387. Effect on other programs.
[Sec. 388. Grant adjustments.
[Sec. 389. Report on facilities and facilities improvement.
[Sec. 390. Definitions.
[TITLE IV--NATIONAL PROGRAMS
[Part A--Research and Development
[Sec. 401. Research objectives.
[Sec. 402. Research activities.
[Sec. 403. National assessment of vocational education programs.
[Sec. 404. National Center or Centers for Research in Vocational
Education.
[Part B--Demonstration Programs
[Sec. 411. Programs authorized.
[Sec. 412. Materials development in telecommunications.
[Sec. 413. Demonstration centers for the training of dislocated
workers.
[Sec. 414. Professional development.
[Sec. 415. Blue ribbon vocational education programs.
[Sec. 416. Development of business and education standards.
[Sec. 417. Educational programs for Federal correctional
institutions.
[Sec. 418. Dropout prevention.
[Sec. 419. Model programs of regional training for skilled trades.
[Sec. 420. LDemonstration projects for the integration of
vocational and academic learning.
[Sec. 420A. Cooperative Demonstration Programs.
[Part C--Vocational Education and Occupational Information Data Systems
[Sec. 421. Data systems authorized.
[Sec. 422. National Occupational Information Coordinating
Committee.
[Sec. 423. Information base for vocational education data system.
[Sec. 424. Miscellaneous provisions.
[Part E--Bilingual Vocational Training
[Sec. 441. Program authorized.
[Part F--General Provisions
[Sec. 451. Distribution of assistance.
[TITLE V--GENERAL PROVISIONS
[Part A--Federal Administrative Provisions
[Sec. 501. Payments.
[Sec. 502. Maintenance of effort.
[Sec. 503. Authority to make payments.
[Sec. 504. Regional meetings and negotiated rulemaking.
[Sec. 505. Requirements relating to reports, plans, and
regulations.
[Sec. 506. Federal laws guaranteeing civil rights.
[Sec. 507. Student assistance and other Federal programs.
[Sec. 508. Federal monitoring.
[Part B--State Administrative Provisions
[Sec. 511. Joint funding.
[Sec. 512. Review of regulations.
[Sec. 513. Identification of State-imposed requirements.
[Sec. 514. Prohibition on use of funds to induce out-of-State
relocation of businesses.
[Sec. 515. State administrative costs.
[Sec. 516. Additional administrative requirements.
[Part C--Definitions
[Sec. 521. Definitions.
[SEC. 2. STATEMENT OF PURPOSE.
[It is the purpose of this Act to make the United States more
competitive in the world economy by developing more fully the
academic and occupational skills of all segments of the
population. This purpose will principally be achieved through
concentrating resources on improving educational programs
leading to academic and occupational skill competencies needed
to work in a technologically advanced society.]
SEC. 2. PURPOSE.
It is the purpose of this Act to develop more fully the
academic, occupational, and technical skills of individuals
participating in vocational-technical education programs. This
purpose will be achieved through concentrating resources on
improving vocational-technical education programs leading to
academic and technical skill competencies needed to work in a
technologically advanced society.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
[$1,600,000,000 for the fiscal year 1991 and such sums as may
be necessary for each of the fiscal years 1992, 1993, 1994, and
1995 to carry out the provisions of titles I, II, III, and IV
of this Act.] $1,300,000,000, for fiscal year 1998 and such
sums as may be necessary for each of the 4 succeeding fiscal
years to carry out the provisions of titles I and II.
[(b) Title I.--(1) Of the amounts remaining from amounts made
available under subsection (a) after providing amounts for the
programs described in paragraph (2) and subsections (d) and
(f)--
[(A) 1.5 percent shall be available to carry out the
provisions of section 103, relating to Indian and
Hawaiian natives programs; and
[(B) .2 percent shall be available to carry out the
provisions of section 101A, relating to the
territories.
[(2) Of the amounts made available in the fiscal year 1991
under subsection (a), not more than $9,000,000 shall be
available to carry out the provisions of section 112, relating
to State councils on vocational education.
[(c) Basic Programs.--Of the amounts remaining from amounts
made available under subsection (a) after providing amounts for
the programs described in subsections (b)(2), (d), and (f),
95.8 percent shall be available to carry out the provisions of
title II, relating to basic programs.
[(d) Special Programs.--(1) Subject to paragraph (2), of the
amounts made available under subsection (a) for the fiscal year
1991--
[(A) not more than $15,000,000 shall be available to
carry out the provisions of part A of title III,
relating to State assistance for vocational education
support programs by community-based organizations;
[(B) not more than $38,500,000 shall be available to
carry out the provisions of part B of title III,
relating to consumer and homemaking education;
[(C) not more than $20,000,000 shall be available to
carry out the provisions of part C of title III,
relating to comprehensive career guidance and
counseling programs;
[(D) not more than $10,000,000 shall be available to
carry out the provisions of part D of title III,
relating to business-labor-education partnerships;
[(E) not more than $125,000,000 shall be available to
carry out the provisions of part E of title III,
relating to tech-prep education;
[(F) not more than $100,000,000 shall be available to
carry out the provisions of part F of title III,
relating to supplementary State grants for facilities
and equipment and other program improvement activities;
[(G) not more than $10,000,000 shall be available to
carry out the provisions of part G of title III, of
which--
[(i) an amount equal to 75 percent of the
amounts made available to carry out such part
shall be available to carry out the provisions
of subpart 1 of such part, relating to
community education employment centers; and
[(ii) an amount equal to 25 percent of the
amounts made available to carry out such part
shall be available to carry out the provisions
of subpart 2 of such part, relating to
vocational education lighthouse schools; and
[(H) not more than $4,000,000 shall be available to
carry out the provisions of part H of title III,
relating to tribally controlled postsecondary
vocational institutions.
[(2) Notwithstanding the provisions of paragraph (1), amounts
shall be available to carry out the provisions of part C, D, or
G of title III in any fiscal year only to the extent that the
amount available for such fiscal year to carry out the
provisions of title II exceeds $1,000,000,000.
[(e) National Programs.--For each fiscal year, of the amounts
remaining from amounts available pursuant to subsection (a)
after providing amounts for the programs described in
subsections (b)(2), (d), and (f), 2.5 percent of such remainder
shall be available to carry out the provisions of title IV
(other than parts D and E), relating to national programs.
[(f) Other National Programs.--(1) Of amounts made available
under subsection (a) for the fiscal year 1991, not more than
$350,000 shall be available to carry out the provisions of part
D of title IV, relating to the National Council on Vocational
Education.
[(2) Of amounts made available under subsection (a) for the
fiscal year 1991, not more than $10,000,000 shall be available
to carry out the provisions of part E of title IV, relating to
bilingual vocational training programs.]
(b) Title I.--Of the amounts made available under subsection
(a)--
(1) 1.5 percent shall be reserved to carry out
section 103, relating to Indian and Native Hawaiians
programs; and
(2) 0.2 percent shall be reserved to carry out
section 101A, relating to the territories.
[TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES
[Part A--Allotment and Allocation
[Allotment
[Sec. 101. (a)(1) In each fiscal year, of the amounts
remaining from amounts made available under section 3(a) after
providing amounts for the programs described in subsections
(b)(2), (d), and (f) of section 3, the Secretary shall
reserve--
[(A) 2.5 percent for the activities described in
title IV (other than parts D and E);
[(B) 1.5 percent for the purpose of carrying out
section 103, of which--
[(i) 1.25 percent shall be for the purpose of
carrying out section 103(b); and
[(ii) .25 percent shall be for the purpose of
carrying out section 103(c); and
[(C) .2 percent for the purpose of carrying out
section 101A.
[(2) Subject to the provisions of paragraph (3), from the
remainder of the sums appropriated pursuant to sections 3(a)
and 3(b), the Secretary shall allot to each State for each
fiscal year--
[(A) an amount which bears the same ratio to 50
percent of the sums being allotted as the product of
the population aged fifteen to nineteen 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 which bears the same ratio to 20
percent of the sums being allotted as the product of
the population aged twenty to twenty-four, 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 which bears the same ratio to 15
percent of the sums being allotted as the product of
the population aged twenty-five to sixty-five,
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 which bears the same ratio to 15
percent of the sums being allotted as the amounts
allotted to the State under clauses (A), (B), and (C)
for such years bears to the sumof the amounts allotted
to all the States under clauses (A), (B), and (C) for such year.]
TITLE I--VOCATIONAL-TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 101. ALLOTMENT.
(a) Specific Populations.--
(1) In general.--In each fiscal year, from amounts
made available under section 3(a), the Secretary shall
reserve--
(A) 1.5 percent to carry out section 103, of
which--
(i) 1.25 percent shall be available
to carry out section 103(c); and
(ii) 0.25 percent shall be available
to carry out section 103(i); and
(B) 0.2 percent for the purpose of carrying
out section 101A.
(2) Remainder of funds.--From the remainder of the
sums appropriated pursuant to section 3, the Secretary
shall allot to each State for each fiscal year--
(A) an amount which bears the same ratio to
50 percent of the sums 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; and
(B) an amount which bears the same ratio to
50 percent of the sums 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.
(3)[(A)(i) Notwithstanding any other provision of law and
subject to clause (ii), for any fiscal year for programs
authorized by title II or part B of title III of this Act, no
State shall receive less than the payments made to the State
for each such program for fiscal year 1985 under Public Laws
98-619 and 99-88. 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, but no such amount shall be reduced to an amount which
is less than the amount a State received under the Act for each
such program for fiscal year 1985.
[(ii) If for any fiscal year the amount appropriated for
programs authorized by title II or part B of title III and
available for allotment under this section is insufficient to
satisfy the provisions of clause (i), the payments to all
States for each such program shall be ratably reduced as
necessary.]
[(B)(i) Notwithstanding any other provision of law and
subject to subparagraphs (A), (C), and (D) and clause (ii), for
any fiscal year for which the amounts appropriated for programs
authorized by title II or part A, B, C, D, or E of title III
(and available for allotment under this section) exceed the
amounts so available for fiscal year 1985, no State shall
receive less than one-half of one percent of the amount
available for each such program for that fiscal year under this
subsection. 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.]
(A)(i) Notwithstanding any other provision of law and subject
to subparagraph (B) and clause (ii), no State shall receive
less than \1/2\ of 1 percent of the amount available for each
such program for each fiscal year under this subsection.
(ii) Due to the application of the provisions of clause (i),
for any fiscal year, no State shall receive more than 150
percent of the payments made to the State for each program
authorized by title II, [or part A, B, C, D, or E of title III]
for the preceding fiscal year.
[(C) In the case of the Virgin Islands, the
minimum allotment for all programs under this
Act shall not be less than $200,000.]
[(D)] (B)(i) Subject to clause (iii), no State shall, by
reason of subparagraph (B), be allotted 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) 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.
(iii) Notwithstanding the provisions of clauses (i) and (ii),
no State shall be allotted an amount under this section in any
fiscal year that is less than the amount such State is allotted
in the fiscal year 1991.
* * * * * * *
[(c)(1) 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 Puerto Rico and the 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 Puerto Rico and the Virgin
Islands shall be 0.60.
[(2) 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 three most recent consecutive fiscal years for which
satisfactory data are available.
[(3) 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) For the purposes of this section, population shall be
determined by the Secretary on the basis of the latest
estimates available to the Department.]
(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 Puerto
Rico and the Virgin Islands), except that--
(i) the allotment ratio in no case
shall be more than 0.55 or less than
0.40; and
(ii) the allotment ratio for Puerto
Rico and the Virgin Islands shall be
0.55.
(2) Allotment ratios.--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.--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.
* * * * * * *
SEC. 101A. THE TERRITORIES.
(a) * * *
* * * * * * *
(d) Restriction.--Notwithstanding any other provision of law,
the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau shall not receive any
funds under this part for any fiscal year that begins after
September 30, 2001.
SEC. 102. WITHIN STATE ALLOCATION.
(a) Programs Other Than State Grants.--From the allotment
made to each State from funds appropriated under section 3(a)
for each fiscal year--
(1) an amount equal to [at least 75 percent of the
allotment shall be available only for basic programs
under part C of title II;] an amount equal to not less
than 90 percent of the allotment shall be available for
basic programs under part B of title II;
[(2) an amount equal to 10.5 percent of the allotment
shall be available only for the program for single
parents, displaced homemakers, and single pregnant
women described in section 221 and the sex equity
program described in section 222, of which--
[(A) not less than 7 percent of such
allotment shall be reserved for the program for
single parents, displaced homemakers, and
single pregnant women; and
[(B) not less than 3 percent of such
allotment shall be reserved for the sex equity
program;]
[(3)] (2) an amount equal to not more than [8.5] 8
percent of the allotment shall be available only for
State programs and activities described in section 201;
and
[(4)] (3) the State may use for administration of the
State plan an amount that does not exceed [5] 2 percent
of the allotment or $250,000, whichever is greater, [of
which--
[(A) not less than $60,000 shall be available
only for purposes of carrying out the
provisions of section 111(b)(1); and
[(B) remaining amounts may be used for the
costs of--
[(i) developing the State plan;
[(ii) reviewing local applications;
[(iii) monitoring and evaluating
program effectiveness;
[(iv) providing technical assistance;
and
[(v) assuring compliance with all
applicable Federal laws, including
required services and activities for
individuals who are members of special
populations; and]
which may be used for the costs of--
(A) developing the State application;
(B) reviewing local applications;
(C) monitoring and evaluating program
effectiveness; and
(D) assuring compliance with all applicable
Federal laws.
[(5) an amount equal to 1 percent of the allotment
shall be available only for programs for criminal
offenders under section 225.]
(b) Matching Requirement.--Each State receiving financial
assistance under this Act shall match, from non-Federal sources
and on a dollar-for-dollar basis, the funds reserved pursuant
to subsection (a)[(4)](3).
[(c) Hold Harmless Provision.--(1) Except as provided in
paragraph (3) and notwithstanding the provisions of subsection
(a), each State shall reserve for the program for single
parents, displaced homemakers, and single pregnant women under
section 221, and the sex equity program under section 222,
respectively, an amount that is not less than the amount such
State reserved for each such program in the fiscal year 1990.
[(2) Except as provided in paragraph (3) and
notwithstanding the provisions of subsection (a), each
State shall reserve for the program for criminal
offenders under section 225, an amount that is not less
than the amount such State expended under this Act for
such program for the fiscal year 1990.
[(3) In any year in which a State receives an amount for
purposes of carrying out programs under title II that is less
than the amount such State received for such purposes in the
fiscal year1990, such State shall ratably reduce the amounts
reserved under paragraph (1).]
(c) Rural Reserve.--A State may reserve not more than 10
percent of the allotment made under section 102(a)(1) to use
for grants to rural areas.
(d) Incentive Awards.--A State may reserve not more than 5
percent of the allotment made under section 102(a)(1) to make
awards--
(1) to a local eligible recipient that meets or
exceeds the State benchmarks described in section 114;
(2) to a local eligible recipient that meets or
exceeds the average State graduation rate; or
(3) to assist a local eligible recipient that has
significantly failed to meet the State benchmarks
described in section 114, or has a graduation rate that
is significantly below the average State graduation
rate.
[Indian and Hawaiian Natives Programs
[Sec. 103. (a)(1) For the purpose of this section--
[(1)(A) From the funds reserved pursuant to section
101(a)(1)(B)(i), the Secretary is directed--
[(i) upon the request of any Indian tribe which is
eligible to contract with the Secretary of the Interior
for the administration of programs under the Indian
Self-Determination Act or under the Act of April 16,
1934; or
[(ii) upon an application received from a Bureau
funded school (as such term is defined in section
1139(3) of the Education Amendments of 1978) offering
secondary programs filed at such time and under such
conditions as the Secretary may prescribe,
to make grants to or enter into contracts with any tribal
organization of any such Indian tribe or to make a grant to
such Bureau funded school, as appropriate, to plan, conduct,
and administer programs or portions of programs authorized by
and consistent with the purposes of this Act, except that--
[(I) such grants or contracts with any tribal
organization shall be subject to the terms and
conditions of section 102 of the Indian Self-
Determination Act and shall be conducted in accordance
with the provisions of sections 4, 5, and 6 of the Act
of April 16, 1934, which are relevant to the programs
administered under this sentence; and
[(II) such grants to Bureau funded schools shall not
be subject to the requirements of the Indian Self-
Determination Act or the Act of April 16, 1934.
[(B)(i) Any tribal organization or school eligible to receive
assistance under this paragraph may apply individually or as
part of a consortium with another such tribal organization or
school.
[(ii) In the case of a Bureau funded school, the minimum
amount of a grant made under this section shall be $35,000.
[(C) The Secretary may not place upon grants made or
contracts entered into under this paragraph any restrictions
relating to programs or outcomes other than restrictions which
apply to grants made to or contracts entered into with States
under section 101. The Secretary, in making grants under this
paragraph, shall give special consideration to--
[(i) grants which involve, coordinate with, or
encourage tribal economic development plans; and
[(ii) applications from tribally controlled community
colleges which--
[(I) are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization as an institution of
postsecondary vocational education; or
[(II) operate vocational education programs
that are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization and issue
certificates for completion of vocational
education programs.
[(2) From the funds reserved pursuant to section
101(a)(1)(B), the Secretary shall enter into contracts for
Indian and Hawaiian native programs in accordance with the
provisions of this section.
[(b)(1)(A) From the funds reserved pursuant to section
101(a)(1)(B)(i), the Secretary is directed--
[(i) upon the request of any Indian tribe which is
eligible to contract with the Secretary of the Interior
for the administration of programs under the Indian
Self-Determination Act or under the Act of April 16,
1934; or
[(ii) upon an application received from a Bureau
funded school (as such term is defined in section
1139(3) of the Education Amendments of 1978) offering
secondary programs filed at such time and under such
conditions as the Secretary may prescribe,
to make grants to or enter into contracts with any tribal
organization of any such Indian tribe or to make a grant to
such Bureau funded school, as appropriate, to plan, conduct,
and administer programs or portions of programs authorized by
and consistent with the purposes of this Act, except that--
[(I) such grants or contracts with any tribal
organization shall be subject to the terms and
conditions of section 102 of the Indian Self-
Determination Act and shall be conducted in accordance
with the provisions of sections 4, 5, and 6 of the Act
of April 16, 1934, which are relevant to the programs
administered under this sentence; and
[(II) such grants to Bureau funded schools shall not
be subject to the requirements of the Indian Self-
Determination Act or the Act of April 16, 1934.
[(B)(i) Any tribal organization or school eligible to receive
assistance under this paragraph may apply individually or as
part of a consortium with another such tribal organization or
school.
[(ii) In the case of a Bureau funded school, the minimum
amount of a grant made under this section shall be $35,000.
[(C) The Secretary may not place upon grants made or
contracts entered into under this paragraph any restrictions
relating to programs or outcomes other than restrictions which
apply to grants made to or contracts entered into with States
under section 101. The Secretary, in making grants under this
paragraph, shall give special consideration to--
[(i) grants which involve, coordinate with, or
encourage tribal economic development plans; and
[(ii) applications from tribally controlled community
colleges which--
[(I) are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization as an institution of
postsecondary vocational education; or
[(II) operate vocational education programs
that are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization and issue
certificates for completion of vocational
education programs.
[(D)(i) Funds received pursuant to grants and
contracts described in subparagraph (A) may be used to
provide stipends to students who are enrolled in
vocational education programs and who have acute
economic needs which cannot be met through work-study
programs.
[(ii) Stipends described in clause (i) shall not
exceed reasonable amounts as prescribed by the
Secretary.
[(2) 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 no less than the
amount expended during the prior fiscal year on vocational
education programs, services, and activities administered
either directly by, or under contract with, the Bureau of
Indian Affairs. The Secretary and the Assistant Secretary of
the Interior for Indian Affairs shall jointly prepare 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 these 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.
[(3) Programs funded under this subsection shall be in
addition to such other programs, services, and activities as
are made available to eligible Indians under other provisions
of this Act.
[(4) For the purposes of this Act, the Bureau of Indian
Affairs shall be deemed to be a State board; and all the
provisions of this Act shall be applicable to the Bureau as if
it were a State board.
[(c) From the funds reserved pursuant to section
101(a)(1)(B)(ii), the Secretary is directed, to enter into
contracts with organizations primarily serving and representing
Hawaiian natives which are recognized by the Governor of the
State of Hawaii 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 Hawaiian
natives.]
SEC. 103. NATIVE AMERICAN PROGRAM.
(a) Indian Policy.--All programs assisted under this section
shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the government-to-
government relationship between the Federal Government and
Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' means
a Native as such term is defined in section 3(b) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1602(b)).
(2) Bureau Funded.--The term ``Bureau funded school''
means--
(A) a Bureau school;
(B) a contract school; or
(C) a school for which assistance is provided
under the Tribally Controlled Schools Act of
1988.
(3) Indian, Indian tribe, and tribal organization.--
The terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the meanings given such terms in
subsections (d), (e), and (l), respectively, of section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(5) Native hawaiian and native hawaiian
organization.--The terms ``Native Hawaiian'' and
``Native Hawaiian organization'' have the meanings
given such terms in paragraphs (1) and (3),
respectively, of section 9212 of the Native Hawaiian
Education Act (20 U.S.C. 7912).
(6) Tribally controlled community college.--The term
``tribally controlled community college'' has the
meaning given such term in section 2(a)(4) of the
Tribally Controlled Community College Assistance Act of
1978 (25 U.S.C. 1801(a)(4)).
(7) Tribally controlled postsecondary vocational
institution.--The term ``tribally controlled
postsecondary vocational institution'' means an
institution of higher education that--
(A) is formally controlled, or has been
formally sanctioned 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
philosophy, or a plan of operation, that
fosters individual Indian economic and self-
sufficiency opportunity, including programs
that are appropriate to stated tribal goals of
developing individual entrepreneurships and
self-sustaining economic 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 vocational-technical education;
and
(G) enrolls the full-time equivalent of not
less than 100 students, of whom a majority are
Indians.
(c) Program Authorized.--
(1) In general.--From amounts reserved under section
101(a)(1)(A)(i), the Secretary shall make grants to
Indian tribes, tribal organizations and Alaska Native
entities to carry out the authorized programs described
in subsection (d), except that such terms shall not
include secondary school programs in Bureau funded
schools.
(2) 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 vocational-
technical education programs.
(d) Authorized Programs.--Funds made available under this
section shall be used to carry out vocational-technical
education programs consistent with the purposes of this Act.
(e) Grant Application.--In order to receive a grant under
this section an entity described in subsection (c) shall submit
an application to the Secretary and shall include an assurance
that such entity shall comply with the requirements of this
Act.
(f) Special Consideration.--The Secretary, in making grants
under subsection (c), shall give special consideration to--
(1) grants which involve, coordinate with, or
encourage tribal economic development plans; and
(2) applications from tribally controlled community
colleges which--
(A) are accredited or are candidates for
accreditation by a nationally recognized
accreditation organization as an institution of
postsecondary vocational-technical education;
or
(B) operate vocational-technical education
programs that are accredited or are candidates
for accreditation by a nationally recognized
accreditation organization and issue
certificates for completion of vocational-
technical education programs.
(g) Consolidation of Funds.--Each 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.).
(h) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
(1) to limit the eligibility of any entity described
in subsection (c) to participate in any activity
offered by a State or local entity under this title; or
(2) to preclude or discourage any agreement, between
any entity described in subsection (c) and any State or
local entity, to facilitate the provision of services
by such entity or to the population served by such
entity.
(i) Native Hawaiian Programs.--From the funds reserved
pursuant to section 101(a)(1)(A)(ii), the Secretary is directed
to enter into contracts with organizations primarily serving
and representing Native Hawaiian Programs which are recognized
by the Governor of the State of Hawaii 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 Hawaiian Programs.
SEC. 104. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL-TECHNICAL
EDUCATION PROGRAMS
(a) Grants Authorized.--The Secretary shall, subject to the
availability of appropriations, make grants pursuant to this
section to tribally controlled postsecondary vocational-
technical institutions to provide basic support for the
education and training of Indian students.
(b) Use of Grants.--Amounts made available pursuant to this
section shall be used for vocational-technical education
programs.
(c) Eligible Grant Recipients.--To be eligible for assistance
under this section a tribally controlled postsecondary
vocational-technical institution shall--
(1) be governed by a board of directors or trustees,
a majority of whom are Indians;
(2) have been in operation for at least 3 years;
(3) hold accreditation with or be a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational-technical
education; and
(4) enroll the full-time equivalent of not less than
100 students, of whom a majority are Indians.
(d) Applications.--Any tribally controlled postsecondary
vocational-technical institution 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) 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 vocational-technical institution from
receiving Federal financial assistance under any
program authorized under the Higher Education Act of
1965 or any other applicable program for the benefit of
institutions of higher education or vocational-
technical education.
(2) Prohibition on allocation of grant amount.--The
amount of any grant for which tribally controlled
postsecondary vocational-technical institutions are
eligible under this subpart shall not be altered
because of funds allocated to any such institution from
funds appropriated under the Act of November 2, 1921.
(3) Prohibition on contract denial.--No tribally
controlled postsecondary vocational-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,
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.
(f) Definitions.--For the purposes of this section:
(1) Indian.--The terms ``Indian'' and ``Indian
tribe'' have the meanings given such terms in section 2
of the Tribally Controlled Community College Assistance
Act of 1978.
(2) Tribally controlled postsecondary vocational-
technical institution.--The term ``tribally controlled
postsecondary vocational-technical institution'' means
an institutionof higher education which is formally
controlled, or has been formally sanctioned or chartered by the
governing body of an Indian tribe or tribes which offers technical
degrees or certificate granting programs.
(3) Indian student count.--The term ``Indian student
count'' means a number equal to the total number of
Indian students enrolled in each tribally controlled
vocational-technical institution, determined as
follows:
(A) Registrations.--The registrations of
Indian students as in effect on October 1 of
each year.
(B) Summer term.--Credits or clock hours
toward a certificate earned in classes offered
during a summer term shall be counted toward
the computation of the Indian student count in
the succeeding fall term.
(C) Admission criteria.--Credits or clock
hours toward a certificate earned in classes
during a summer term shall be counted toward
the computation of the Indian student count if
the institution at which the student is in
attendance has established criteria for the
admission of such student on the basis of the
student's ability to benefit from the education
or training offered. The institution shall be
presumed to have established such criteria if
the admission procedures for such studies
include counseling or testing that measures the
student's aptitude to successfully complete the
course in which the student has enrolled. No
credit earned by such student for purposes of
obtaining a high school degree or its
equivalent shall be counted toward the
computation of the Indian student count.
(D) Determination of hours.--Indian students
earning credits in any continuing education
program of a tribally controlled vocational-
technical institution shall be included in
determining the sum of all credit or clock
hours.
(E) Continuing education.--Credits or clock
hours earned in a continuing education program
shall be converted to the basis that is in
accordance with the institution's system for
providing credit for participation in such
programs.
(g) Authorization of Appropriations.--There is authorized to
be appropriated not more than $4,000,000 for fiscal year 1998
and such sums as may be necessary for each of the 4 succeeding
fiscal years to carry out the provisions of this section.
Part B--State Organizational and Planning Responsibilities
State Administration
Sec. 111. (a)(1) Any State desiring to participate in the
vocational education program authorized by this Act shall,
consistent with State law, designate or establish a State board
of vocational education which shall be the sole State agency
responsible for the administration or the supervision of the
State vocational education program. The responsibilities of the
State board shall include--
(A) coordination of the development, submission, and
implementation of the State plan, and the evaluation of
the program, services, and activities assisted under
this Act [pursuant to section 113(b)(8), section 116,
and section 117]; and
(B) [the development, in consultation with the State
council on vocational education, and the submission to
the Secretary, of the State plan required by section
113 and by section 114;
[(C) consultation with the State council established
pursuant to section 112, and other appropriate
agencies, groups, and individuals, including business,
industry, and labor, involved in the planning,
administration, evaluation, and coordination of
programs funded under this Act;] consultation with the
Governor and appropriate agencies, groups, and
individuals, including business, industry and
representatives of employees involved in the planning,
administration, evaluation, and coordination of
programs funded under this Act;
* * * * * * *
[(b)(1) Any State desiring to participate in the programs
authorized by this Act shall assign one individual within the
appropriate agency established or designated by the State board
under the last sentence of subsection (a)(1) to administer
vocational education programs within the State, to work full
time to assist the State board to fulfill the purposes of this
Act by--
[(A) administering the program of vocational
education for single parents and homemakers described
in section 221 and the sex equity program described in
section 222;
[(B) gathering, analyzing, and disseminating data on
the adequacy and effectiveness of vocational education
programs in the State in meeting the education and
employment needs of women (including preparation for
employment in technical occupations, new and emerging
occupational fields, and occupations regarded as
nontraditional for women), and on the status of men and
women students and employees in such programs;
[(C) reviewing and commenting upon, and
making recommendations concerning, the plans of
local educational agencies, area vocational
education schools, intermediate educational
agencies, and postsecondary educational
institutions to ensure that the needs of women
and men for training in nontraditional jobs are
met;
[(D) reviewing vocational education programs
(including career guidance and counseling) for sex
stereotyping and sex bias, with particular attention to
practices which tend to inhibit the entry of women in
high technology occupations, and submitting (i)
recommendations for inclusion in the State plan of
programs and policies to overcome sex bias and sex
stereotyping in such programs, and (ii) an assessment
of the State's progress in meeting the purposes of this
Act with regard to overcoming sex discrimination and
sex stereotyping;
[(E) reviewing proposed actions on grants, contracts,
and the policies of the State board to ensure that the
needs of women are addressed in the administration of
this Act;
[(F) developing recommendations for programs of
information and outreach to women concerning vocational
education and employment opportunities for women
(including opportunities for careers as technicians and
skilled workers in technical fields and new and
emerging occupational fields);
[(G) providing technical assistance and advice to
local educational agencies, postsecondary institutions,
and other interested parties in the State, in expanding
vocational opportunities for women; and
[(H) assisting administrators, instructors, and
counselors in implementing programs and activities to
increase access for women (including displaced
homemakers and single heads of households) to
vocational education and to increase male and female
students' enrollment in nontraditional programs.
[(I) developing an annual plan for the use of
all funds available for such programs;
[(J) managing the distribution of funds
pursuant to section 223;
[(K) monitoring the use of funds distributed
to recipients under such programs; and
[(L) evaluating the effectiveness of programs
and activities supported by such funds.
[(2) For the purpose of this subsection, the term ``State''
means any one of the fifty States and the District of Columbia.
[(3) Each State shall from funds allocated under section
102(a)(4)(A) expend not less than $60,000 in each fiscal year
to carry out the provisions of this subsection.
[(c) Review of Plans With Respect to Students With
Handicaps.--(1) Any State desiring to participate in the
programs authorized by this Act shall designate or assign the
head of the State office responsible for administering part B
of the Individuals with Disabilities Education Act to review
the implementation of the provisions of this Act as such
provisions relate to students with handicaps by reviewing all
or a representative sample of plans of eligible recipients to--
[(A) assure that individuals with handicaps are
receiving vocational educational services;
[(B) assure that the plans of the eligible recipient
provide assurances of compliance with the provisions of
section 504 of the Rehabilitation Act of 1973 and the
Education of Handicapped Act regarding equal access to
programs; and
[(C) assure that the eligible recipients have--
[(i) identified the number of students with
handicaps enrolled in vocational programs
operated by the eligible recipient;
[(ii) assessed the vocational needs of the
students identified pursuant to clause (i); and
[(iii) developed an adequate plan to provide
supplementary services sufficient to meet the
needs of such students.
[(2) For purposes of this subsection and subsections (d) and
(e), the term ``State'' means any 1 of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
[(d) Needs of Economically Disadvantaged Students.--Any State
desiring to participate in the programs authorized by this Act
shall assign the head of the State office or other appropriate
individual responsible for coordinating services under title I
of the Elementary and Secondary Education Act of 1965 to review
all or a representative sample of plans of the eligible
recipients to ensure that the number of economically
disadvantaged students have been identified, and that the needs
of such students are being met as outlined by such plans.
[(e) Needs of Students of Limited English Proficiency.--Any
State desiring to participate in the programs authorized by
this Act shall designate or assign the head of the State office
or other appropriate individual responsible for administering
programs for students of limited English proficiency to review
all or a representative sample of the plans of the eligible
recipients to ensure the numbers of students of limited English
proficiency have been identified and that the needs of such
students for participation in vocational education programs are
being met as outlined by such plans.
[(f) The State board shall make available to each private
industry council established under section 102 of the Job
Training Partnership Act within the State a listing of all
programs assisted under this Act.
[(g) Each State board, in consultation with the State
council, shall establish a limited number of technical
committees to advise the council and the board on the
development of model curricula to address State labor market
needs. Technical committees shall develop an inventory of
skills that may be used by the State board to define state-of-
the-art model curricula. Such inventory will provide the type
and level of knowledge and skills needed for entry, retention,
and advancement in occupational areas taught in the State. The
State board shall establish procedures for membership,
operation, and duration of such committees consistent with the
purposes of this Act. The membership shall be representatives
of (1) employers from any relevant industry or occupation for
which the committee is established; (2) trade or professional
organizations representing any relevant occupations; and (3)
organized labor, where appropriate.]
(b) List of Programs Assisted.--The State board shall make
available to each Private Industry Council established under
section 102 of the Job Training Partnership Act within the
State a listing of all programs assisted under this Act.
[State Council on Vocational Education
[Sec. 112. (a) Each State which desires to participate in
vocational education programs authorized by this Act for any
fiscal year shall establish a State council, which shall be
appointed by the Governor or, in the case of States in which
the members of the State board of education are elected
(including election by the State legislature), by such board.
Each State council shall be composed of 13 individuals, and
shall be broadly representative of citizens and groups within
the State having an interest in vocational education. Each
State council shall consist of--
[(1) seven individuals who are representative of the
private sector in the State who shall constitute a
majority of the membership--
[(A) five of whom shall be representative of
business, industry, trade organizations, and
agriculture including--
[(i) one member who is representative
of small business concerns; and
[(ii) one member who is a private
sector member of the State job training
coordinating council (established
pursuant to section 122 of the Job
Training Partnership Act), and
[(B) two of whom shall be representatives of
labor organizations;
[(2) six individuals who are representative of
secondary and postsecondary vocational institutions
(equitably distributed among such institutions), career
guidance and counseling organizations within the State,
individuals who have special knowledge and
qualifications with respect to the special educational
and career development needs of special populations
(including women, the disadvantaged, the handicapped,
individuals with limited English proficiency, and
minorities) and of whom one member shall be
representative of special education and may include
members of vocational student organizations and school
board members.
In selecting individuals under subsection (a) to serve on the
State council, due consideration shall be given to the
appointment of individuals who serve on a private industry
council under the Job Training Partnership Act, or on State
councils established under other related Federal Acts. No
employee of the State board shall serve on the State council.
[(b) The State shall certify to the Secretary the
establishment and membership of the State council by the
beginning of each State plan period described in section
113(a)(1).
[(c) Each State council shall meet as soon as practical after
certification has been accepted by the Secretary and shall
select from among its membership a chairperson who shall be
representative of the private sector. The time, place, and
manner of meeting, as well as council operating procedures and
staffing, shall be as provided by the rules of the State
council, except that such rules must provide for not less than
one public meeting each year at which the public is given an
opportunity to express views concerning the vocational
education program of the State.
[(d) During each State plan period described in section
113(a)(1), each State council shall--
[(1) meet with the State board or its representatives
to advise on the development of the subsequent State
plan;
[(2) make recommendations to the State board and make
reports to the Governor, the business community, and
general public of the State, concerning--
[(A) the State plan;
[(B) policies the State should pursue to
strengthen vocational education (with
particular attention to programs for the
handicapped); and
[(C) initiatives and methods the private
sector could undertake to assist in the
modernization of vocational education programs;
[(3) analyze and report on the distribution of
spending for vocational education in the State and on
the availability of vocational education activities and
services within the State;
[(4) furnish consultation to the State board on the
establishment of evaluation criteria for vocational
education programs within the State;
[(5) submit recommendations to the State board on the
conduct of vocational education programs conducted in
the State which emphasize the use of business concerns
and labor organizations;
[(6) assess the distribution of financial assistance
furnished under this Act, particularly with the
analysis of the distribution of financial assistance
between secondary vocational education programs and
postsecondary vocational education programs;
[(7) recommend procedures to the State board to
ensure and enhance the participation of the public in
the provision of vocational education at the local
level within the State, particularly the participation
of local employers and local labor organizations;
[(8) report to the State board on the extent to which
individuals who are members of special populations are
provided with equal access to quality vocational
education programs;
[(9) analyze and review corrections education
programs; and
[(10)(A) evaluate at least once every 2 years--
[(i) the extent to which vocational
education, employment, and training programs in
the State represent a consistent, integrated,
and coordinated approach to meeting the
economic needs of the State;
[(ii) the vocational education program
delivery system assisted under this Act, and
the job training program delivery system
assisted under the Job Training Partnership
Act, in terms of such delivery systems'
adequacy and effectiveness in achieving the
purposes of each of the 2 Acts; and
[(iii) make recommendations to the State
board on the adequacy and effectiveness of the
coordination that takes place between
vocational education and the Job Training
Partnership Act;
[(B) comment on the adequacy or inadequacy of State
action in implementing the State plan;
[(C) make recommendations to the State board on ways
to create greater incentives for joint planning and
collaboration between the vocational education system
and the job training system at the State and local
levels; and
[(D) advise the Governor, the State board, the State
job training coordinating council, the Secretary, and
the Secretary of Labor regarding such evaluation,
findings, and recommendations.
[(e) Each State council is authorized to obtain the services
of such professional, technical, and clerical, personnel as may
be necessary to enable it to carry out its functions under this
Act and to contract for such services as may be necessary to
enable the Council to carry out its evaluation functions,
independent of programmatic and administrative control by other
State boards, agencies, and individuals. Each State Council may
submit a statement to the Secretary reviewing and commenting
upon the State plan. Such statement shall be sent to the
Secretary with the State plan.
[(f)(1)(A) Except as provided in subparagraph (B), from the
sums appropriated pursuant to section 3(c), the Secretary shall
first make grants of $150,000 to each State council. From the
remainder of such sums the Secretary shall allot to each State
council an amount in accordance with the method of allotment
set forth in section 101(a)(2) of this Act, provided that--
[(i) no State council shall receive more than
$250,000 for each fiscal year;
[(ii) no State council shall receive less than
$150,000 for each fiscal year; and
[(iii) no State council shall receive less than such
State council was allotted in the fiscal year 1990;
[(B) From the sums appropriated pursuant to section 3(c) for
each fiscal year, the Secretary shall make grants of--
[(i) $60,000 to each of the State councils of the
Virgin Islands and Guam; and
[(ii) $25,000 to each of the State councils of
American Samoa, Palau (until the Compact of Free
Association with Palau takes effect pursuant to section
101(a) of Public Law 99-658), and the Commonwealth of
the Northern Mariana Islands.
[(2) The expenditure of the funds paid pursuant to this
subsection is to be determined solely by the State council for
carrying out its functions under this Act, and may not be
diverted or reprogramed for any other purpose by any State
board, agency, or individual. Each State council shall
designate an appropriate State agency or other public agency,
eligible to receive funds under this Act, to act as its fiscal
agent for purposes of disbursement, accounting, and auditing.]
SEC. [113.] 112. STATE [PLAN] APPLICATION.
(a) In General.--(1)[(A)] Any State desiring to receive funds
from its allotment for any fiscal year shall submit to the
Secretary [a State plan for a 3-year period, in the case of the
initial plan, and a 2-year period thereafter, together with
such annual revisions as the State board determines to be
necessary.] an application in such manner and accompanied by
such information as the Secretary may require but which, at a
minimum, shall be for a 5-year period.
[(B) The planning periods required by subparagraph (A) shall
be coterminous with the planning program periods required under
section 104(a) of the Job Training Partnership Act.
[(2)(A) In formulating the State plan (and amendments
thereto), the State board shall meet with and utilize the State
council established pursuant to section 112.
[(B) The State board 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 an opportunity to present their views
and make recommendations regarding the State plan. A summary of
such recommendations and the State board's response shall be
included with the State plan.
[(3) In developing the State plan, the State shall conduct an
assessment according to section 116. Such assessment shall
include analysis of--
[(A) the relative academic, occupational, training,
and retraining needs of secondary, adult, and
postsecondary students; and
[(B) the capability of vocational education programs
to provide vocational education students, to the extent
practicable, with--
[(i) strong experience in and understanding
of all aspects of the industry the students are
preparing to enter (including planning,
management, finances, technical and production
skills, underlying principles of technology,
labor and community issues, and health, safety,
and environmental issues); and
[(ii) strong development and use of problem-
solving skills and basic and advanced academic
skills (including skills in the areas of
mathematics, reading, writing, science, and
social studies) in a technological setting.]
(2) The State board 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 an opportunity to present their views
and make recommendations regarding the State application. A
summary of such recommendations and the State board's response
shall be included with the State application.
[(b) Contents.--Each State plan shall--
[(1) describe the procedures and the results of each
of the assessments required by section 116(a),
including the needs identified by such assessments;
[(2) describe how uses of funds reflect the needs
described in paragraph (1);
[(3) provide assurances that, and where necessary a
description of the manner in which, eligible recipients
will comply with the requirements of titles I and II,
including--
[(A) a description of the manner in which the
State will comply with the criteria required
for programs for individuals who are members of
special populations and a description of the
responsiveness of such programs to the special
needs of such students;
[(B) assurances that the State board will
develop measurable goals and accountability
measures for meeting the needs of individuals
who are members of special populations;
[(C) assurances that the State board will
conduct adequate monitoring of programs
conducted by eligible recipients to ensure that
programs within the State are meeting the goals
described in subparagraph (B); and
[(D) assurances that, to the extent
consistent with the number and location of
individuals who are members of special
populations who are enrolled in private
secondary schools, provision is made for the
participation of such individuals in the
vocational education programs assisted under
section 231;
[(4) describe the estimated distribution of funds to
corrections educational agencies as prescribed by
section 225, the estimated distribution of funds to
local educational agencies, area vocational education
schools, or intermediate educational agencies as
prescribed by section 231, and the planned estimated
distribution of funds to eligible institutions as
prescribed by section 232;
[(5) provide assurances that the State will comply
with the provisions of section 102, including
assurances that the State will distribute not less than
75 percent of the funds made available for title II to
eligible recipients pursuant to such title;
[(6) describe the criteria the State board will use--
[(A) in approving applications of eligible
recipients; and
[(B) for spending the amounts reserved for
the State under paragraphs (2) through (5) of
section 102(a);
[(7) describe how funds expended for occupationally
specific training will be used for occupations in which
job openings are projected or available, based on a
labor market analysis;
[(8) provide assurances that the State will develop
and implement a system of standards for performance and
measures of performance for vocational education
programs at the State level that meets the requirements
of section 115;
[(9) describe, in each State plan submitted after the
fiscal year 1991, the progress the State has made in
achieving the goals described in previous State plans;
[(10) provide such methods of administration as are
necessary for the prompt and efficient administration
of programs under this Act;
[(11) provide assurances that, in the use of funds
available for single parents, displaced homemakers, and
single pregnant women under section 221, the State will
emphasize assisting individuals with the greatest
financial need, and that the State will give special
consideration to displaced homemakers who because of
divorce, separation, or the death or disability of a
spouse must prepare for paid employment;
[(12) provide assurances that the State will furnish
relevant training and vocational education activities
to men and women who desire to enter occupations that
are not traditionally associated with their sex;
[(13) describe how the State is implementing
performance evaluations with eligible recipients as
prescribed in section 117;
[(14) describe the methods proposed for the joint
planning and coordination of programs carried out under
this Act with programs conducted under the Job Training
Partnership Act, the Adult Education Act, title I of
the Elementary and Secondary Education Act of 1965, the
Individuals with Disabilities Education Act, and the
Rehabilitation Act of 1973, and with apprenticeship
programs;
[(15) provide assurances that programs of personnel
development and curriculum development shall be funded
to further the goals identified in the State plan;
[(16) provide assurances that the vocational
education needs of identifiable segments of the
population in the State that have the highest rates of
unemployment have been thoroughly assessed, and that
such needs are reflected in and addressed by the State
plan;
[(17) provide assurances that the State board will
cooperate with the State council in carrying out the
Board's duties under this part;
[(18) provide 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 purchasing entity or its employees or any
affiliate of such an organization;
[(19) provide assurances that State and local funds
will be used in the schools of each local educational
agency that are receiving funds under this Act to
provide services which, taken as a whole, are at least
comparable to services being provided in schools in
such agency which are not receiving such funds;
[(20)(A) provide assurances that the State will
provide leadership, supervision, and resources for
comprehensive career guidance, vocational counseling,
and placement programs;
[(B) as a component of the assurances described in
subparagraph (A), annually assess and report on the
degree to which expenditures aggregated within the
State for career guidance and vocational counseling
from allotments under title II are not less than such
expenditures for such guidance and counseling within
the State in the fiscal year 1988;
[(21) provide assurances that the State will provide
for such fiscal control and fund accounting procedures
as may be necessary to assure the proper disbursement
of, and accounting for, Federal funds paid to the State
(including such funds paid by the State to eligible
recipients under this Act);
[(22) provide procedures by which an area vocational
education school, intermediate educational agency, or
local educational agency may appeal decisions adverse
to its interests with respect to programs assisted
under this Act; and
[(23) describe how the State will comply with the
provisions of section 118.
[(c) Amendments to State Plan.--When changes in program
conditions, labor market conditions, funding, or other factors
require substantial amendment to an approved State plan, the
State board, in consultation with the State council, shall
submit amendments to such State plan to the Secretary. Any such
amendments shall be subject to review by the State job training
coordinating council and the State council.]
(b) Contents.--Each State application shall--
(1) describe the vocational-technical education
programs that will be carried out with funds received
by the State under this Act, including a description
of--
(A) the secondary and postsecondary
vocational-technical education programs to be
carried out at the State level pursuant to
section 201, including programs that will be
carried out by the State to develop, improve,
and expandaccess to quality, state-of-the-art
technology in vocational-technical education programs;
(B) the criteria that will be used by the
State in approving applications of eligible
recipients of funds under this Act; and
(C) how such programs will prepare
vocational-technical education students for
opportunities in postsecondary education or
entry into high skill, high wage jobs;
(2) describe how the State will actively involve
parents, teachers, local businesses (including small-
and medium-sized businesses) and representatives of
employees in the planning, development, and
implementation of such vocational-technical education
programs;
(3) describe how funds received by the State through
the allotment made under section 102 will be allocated
among secondary school vocational-technical education,
or postsecondary and adult vocational-technical
education, or both, including the rationale for such
allotment;
(4) describe how the State will--
(A) improve the academic and technical skills
of students participating in vocational-
technical education programs which includes
strengthening the academic component of
vocational-technical education programs through
the integration of academics with vocational-
technical education to ensure learning in the
core academic subjects and provide students
with strong experience and understanding of all
aspects of the industry; and
(B) ensure that students who participate in
such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other
students;
(5) describe how the State will annually evaluate the
effectiveness of such vocational-technical education
programs and describe how the State is coordinating
such programs to ensure nonduplication with other
existing Federal programs;
(6) identify the benchmarks that the State will use
to measure the progress of the State, including a
description of how such benchmarks will ensure
continuous improvement for vocational-technical
students in meeting such benchmarks;
(7) describe how the State will--
(A) provide vocational-technical education
programs that lead to high skill, high wage
careers for members of special populations,
displaced homemakers, single parents, and
single pregnant women; and
(B) ensure that members of special
populations meet State benchmarks established
under section 114 and are prepared for
postsecondary education, further learning, and
high skill, high wage careers;
(8) provide a financial audit of funds received under
this Act; and
(9) provide 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 purchasing entity or its employees or any
affiliate of such an organization.
(c) Amendments.--The State board may submit amendments to the
State application, as necessary, during the 5-year period. Such
amendments shall be submitted in accordance with section
113(c).
SEC. [114. STATE PLAN APPROVAL.] 113. SUBMISSION OF STATE APPLICATION.
[(a) In General.--The State board shall develop the portion
of each State plan relating to the amount and uses of any funds
proposed to be reserved for adult education, postsecondary
education, tech-prep education, and secondary education after
consultation with the State agency responsible for supervision
of community colleges, technical institutes, or other 2-year
postsecondary institutions primarily engaged in providing
postsecondary vocational education, and the State agency
responsible for secondary education. The State board shall, in
developing such plan, take into consideration the relative
training and retraining needs of secondary, adult, and
postsecondary students, and shall include the State's rationale
for distribution of funds. If a State agency finds that a
portion of the final State plan is objectionable, such agency
shall file such objections with the State board. The State
board shall respond to any objections of such agency in
submitting such plan to the Secretary. The Secretary shall
consider such comments in reviewing the State plan.
[(b) Time for Submission; Approval.--Each State plan shall be
submitted to the Secretary by May 1 preceding the beginning of
the first fiscal year for which such plan is to be in effect.
The Secretary shall approve each plan before the expiration of
the 60-day period beginning on the date the plan is submitted,
if the plan meets the requirements of section 113 and is of
sufficient quality to meet the objectives of this Act
(including the objective of developing and implementing program
evaluations and improvements), and shall subsequently take
appropriate actions to monitor the State's compliance with the
provisions of its plan and the requirements of this Act on a
regular basis. The Secretary shall not finally disapprove a
State plan except after giving reasonable notice and an
opportunity for a hearing to the State board.]
(a) Application.--Each State application shall be submitted
to the Secretary by not later than May 1 preceding the
beginning of the first fiscal year for which a State
application is to be in effect.
(b) Consultation.--The State board shall develop the portion
of each State application relating to the amount and uses of
any funds proposed to be reserved for adult vocational-
technical education, postsecondary vocational-technical
education, tech-prep education, and secondary vocational-
technical education after consultation with the State agency
responsible for supervision of community colleges, technical
institutes, or other 2-year postsecondary institutions
primarily engaged in providing postsecondary vocational-
technical education, and the State agency responsible for
secondary education. If a State agency finds that a portion of
the final State application is objectionable, such agency shall
file such objections with the State board. The State board
shall respond to any objections of such agency in submitting
such application to the Secretary.
(c) Application Submission.--A State application submitted to
the Secretary under this section shall be approved by the
Secretary unless the Secretary makes a written determination,
within 90 days after receiving the application, that the
application is in violation of the provisions of this Act.
SEC. 114. ACCOUNTABILITY.
(a) Benchmarks.--To be eligible to receive an allotment under
section 102, a State shall develop and identify in the State
application submitted under section 113 proposed rigorous and
quantifiable benchmarks to measure the statewide progress of
the State, which shall include, at a minimum, measures, of--
(1) attainment of challenging State academic
proficiencies;
(2) attainment of secondary school diplomas or
general equivalency diplomas; and
(3) placement in, retention in, and completion of,
postsecondary education or advanced training, or
placement and retention in military service, or
employment.
(b) Program Improvement and Sanctions.--
(1) State program improvement plan.--If a State fails
to meet its State benchmarks as described in the report
submitted under subsection (c), the State shall develop
and implement a program improvement plan in
consultation with appropriate agencies, individuals,
and organizations for the first program year succeeding
the program year in which the State failed to meet its
benchmarks in order to avoid a sanction as provided
under paragraph (3).
(2) Local improvement plan.--If an eligible recipient
fails to meet its State benchmarks, the eligible
recipient shall develop a program improvement plan with
appropriate agencies, individuals, and organizations
for the succeeding program year.
(3) Sanctions.--
(A) In general.--If a State fails to meet the
State benchmarks required under subsection (a),
and has not implemented an improvement plan as
described in paragraph (1), has not
demonstrated improvement in meeting its
benchmarks, or has failed to meet its
benchmarks for 2 or more consecutive years, the
Secretary may, after notice and opportunity for
a hearing, or withhold from the State all, or a
portion of, the State's allotment under this
Act. The Secretary may waive the sanction due
to exceptional or uncontrollable circumstances
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the State.
(B) Funds resulting from reduced
allotments.--The amount of funds retained by
the Secretary as a result of a reduction in an
allotment made under subparagraph (A) shall be
redistributed to other States in accordance
with section 101.
(c) Report.--
(1) In general.--
(A) Information.--Each State that receives an
allotment under section 102 shall annually
prepare and submit to the Secretary a report on
how the State is performing on State benchmarks
that relate to vocational-technical education
programs. In preparing the report, the State
may include information on such additional
vocational-technical education benchmarks as
the State may establish.
(B) Special populations.--The report
submitted by the State in accordance with
subparagraph (A) shall include a description of
how special populations, displaced homemakers,
single parents, and single pregnant women
participating in vocational-technical education
programs have met the vocational-technical
education benchmarks established by the State.
(2) Information dissemination.--The Secretary shall
make the information contained in such reports
available to the general public through publication and
other appropriate methods which may include electronic
communication.
(3) Benchmark performance.--Each local recipient
shall make available to the general public information
regarding how the local recipient is performing in
regard to the State benchmarks.
[SEC. 115. STATE AND LOCAL STANDARDS AND MEASURES.
[(a) General Authority.--Each State board receiving funds
under this Act shall develop and implement a statewide system
of core standards and measures of performance for secondary and
postsecondary vocational education programs. Each State board
receiving funds under this Act, before the expiration of the
30-day period beginning on the date of the enactment of the
Carl D. Perkins Vocational and Applied Technology Education Act
Amendments of 1990, shall appoint the State Committee of
Practitioners (in this section referred to as the
``Committee'') as prescribed by section 512(a) after consulting
with local school officials representing eligible recipients,
and representatives of organized labor, business,
superintendents, community-based organizations, private
industry councils established under section 102(a) of the Job
Training Partnership Act, State councils, parents, special
populations, correctional institutions, the administrator
appointed under section 111(b)(1), the State administrator of
programs assisted under part B of the Individuals with
Disabilities Education Act, the State administrator of programs
assisted under title I of the Elementary and Secondary
Education Act of 1965, the State administrator of programs for
students of limited English proficiency, and guidance
counselors. Such system shall be developed and implemented
before the end of the 2-year period beginning on the date of
the enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990 and shall apply to
all programs assisted under this Act. Eligible recipients may
make local modifications to such system based on economic,
geographic, or demographic factors, or the characteristics of
the population to be served. Such modifications shall conform
to the assessment criteria contained in the State plan. The
State board shall convene the Committee on a regular basis to
review, comment on, and propose revisions to a draft State
proposal, which the State board shall develop, for a system of
core standards and measures of performance for vocational
programs.
[(b) Requirements.--Each system developed under subsection
(a) shall include--
[(1) measures of learning and competency gains,
including student progress in the achievement of basic
and more advanced academic skills;
[(2) 1 or more measures of performance, which shall
include only--
[(A) competency attainment;
[(B) job or work skill attainment or
enhancement including student progress in
achieving occupational skills necessary to
obtain employment in the field for which the
student has been prepared, including
occupational skills in the industry the student
is preparing to enter;
[(C) retention in school or completion of
secondary school or its equivalent; and
[(D) placement into additional training or
education, military service, or employment;
[(3) incentives or adjustments that are--
[(A) designed to encourage service to
targeted groups or special populations; and
[(B) for each student, consistent with the
student's individualized education program
developed under section 614(a)(5) of the
Individuals with Disabilities Education Act,
where appropriate; and
[(4) procedures for using existing resources and
methods developed in other programs receiving Federal
assistance.
[(c) Consistency With Other Programs.--In developing the
standards and measures included in a system developed under
subsection (a), the State board shall take into consideration--
[(1) standards and measures developed under job
opportunities and basic skills training programs
established and operated under a plan approved by the
Secretary of Health and Human Services that meets the
requirements of section 402(a)(19) of the Social
Security Act; and
[(2) standards prescribed by the Secretary of Labor
under section 106 of the Job Training Partnership Act.
[(d) Information Provided by State Board.--(1) The Committee
shall make recommendations to the State board with respect to
modifying standards and measures to be used under this section,
based on the information provided under paragraph (2).
[(2) To assist the Committee in formulating recommendations
under paragraph (1), the State board shall provide to the
Committee information concerning differing types of standards
and measurement, including--
[(A) the advantages and disadvantages of each type of
standard or measurement;
[(B) instances in which such standards and measures
have been effective; and
[(C) instances in which such standards and measures
have not been effective.
[(3) In the event that the State board does not accept the
Committee's recommendations made as required by paragraph (1),
the State board shall set forth in the State plan its reasons
for not accepting such recommendations.
[(e) Technical Assistance.--The Secretary shall provide
technical assistance to the States with respect to the
development of systems under subsection (a). In providing such
assistance, the Secretary shall utilize existing resources in
other Federal agencies.
[(f) Report.--The Secretary shall submit a report to the
appropriate committees of the Congress not later than the
expiration of the 4-year period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990. Such report shall
include--
[(1) a detailed description of the status of each
State's system of standards and measures developed as
required by this section;
[(2) an assessment of the validity, predictiveness,
and reliability of such standards and measures,
unbiased to special populations, in the areas of
academic achievement, vocational skill competencies,
employment outcomes, and postsecondary continuation and
attainment; and
[(3) an evaluation of the comparability of State-
developed performance standards across States to
establish a core of common indicators.
[SEC. 116. STATE ASSESSMENT.
[(a) In General.--Each State board receiving assistance under
this Act shall conduct an assessment using measurable objective
criteria developed by the State board to assess program
quality. Such criteria shall be developed in consultation with
representatives of the groups described in section 115(a) and
shall use information gathered by the National Occupational
Information Coordinating Committee and, if appropriate, other
information. Each State board shall widely disseminate such
criteria. State boards shall develop such criteria no later
than the beginning of the 1991-1992 school year. Such criteria
shall include such factors as--
[(1) integration of academic and vocational
education;
[(2) sequential course of study leading to both
academic and occupational competencies;
[(3) increased student work skill attainment and job
placement;
[(4) increased linkages between secondary and
postsecondary educational institutions;
[(5) instruction and experience, to the extent
practicable, in all aspects of the industry the
students are preparing to enter;
[(6) the ability of the eligible recipients to meet
the needs of special populations with respect to
vocational education;
[(7) raising the quality of vocational education
programs in schools with high concentrations of poor
and low-achieving students;
[(8) the relevance of programs to the workplace and
to the occupations for which students are to be
trained, and the extent to which such programs reflect
a realistic assessment of current and future labor
market needs, including needs in areas of emerging
technologies;
[(9) the ability of the vocational curriculum,
equipment, and instructional materials to meet the
demands of the workforce;
[(10) basic and higher order current and future
workplace competencies which will reflect the hiring
needs of employers; and
[(11) other factors considered appropriate by the
State board.
[(b) Deadline for Assessment.--Each State board shall
complete the assessment required by subsection (a) before the
expiration of the 6-month period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990.
[SEC. 117. PROGRAM EVALUATION AND IMPROVEMENT.
[(a) Annual Evaluation.--Each recipient of financial
assistance under part C of title II shall annually evaluate the
effectiveness of the program conducted with assistance under
this Act based on the standards and measures (or modifications
thereto) developed as required by section 115. As part of each
such evaluation, each such recipient shall--
[(1) review programs, with the full and informed
participation of representatives of individuals who are
members of special populations, to--
[(A) identify and adopt strategies to
overcome any barriers which are resulting in
lower rates of access to vocational education
programs or success in such programs for
individuals who are members of special
populations; and
[(B) evaluate the progress of individuals who
are members of special populations in
vocational education programs assisted under
this Act; and
[(2) evaluate the progress of vocational education
programs assisted under this Act in providing
vocational education students with strong experience in
and understanding of all aspects of the industry the
students are preparing to enter.
[(b) Local Program Improvement Plan.--Beginning not less than
1 year after the implementation of the provisions of section
115, if any recipient described in subsection (a) determines
that the recipient is not making substantial progress in
meeting the standards and measures developed as required by
section 115, such recipient shall develop a plan, in
consultation with teachers, parents, and students concerned,
for program improvement for the succeeding school year. Such
plan shall describe how the recipient will identify and modify
programs funded under part C of title II, including--
[(1) a description of vocational education and career
development strategies designed to achieve progress in
improving the effectiveness of the program conducted
with assistance under this Act; and
[(2) if necessary, a description of strategies
designed to improve supplementary services provided to
individuals who are members of special populations.
[(c) State and Local Joint Plan.--If, after 1 year of
implementation of the plan described in subsection (b),
sufficient progress in meeting the standards and measures
developed as required by section 115 has not been made, the
State shall work jointly with the recipient and teachers,
parents, and students concerned to develop a plan for program
improvement. Each such plan shall contain--
[(1) a description of the technical assistance and
program activities the State will provide to enhance
the performance of the eligible recipient;
[(2) a reasonable timetable to improve the school
performance under the plan;
[(3) a description of vocational education strategies
designed to improve the performance of the program as
measured by the evaluation; and
[(4) if necessary, a description of strategies
designed to improve supplementary services provided to
individuals who are members of special populations.
[(d) Further Action.--The State shall, in conjunction with
the eligible recipient, annually review and revise the joint
plan developed under subsection (c) in order to improve
performance and will continue to do so each consecutive year
until the recipient sustains, for more than 1 year, fulfillment
of the State and local standards and measures developed under
section 115.
[SEC. 118. CRITERIA FOR SERVICES AND ACTIVITIES FOR INDIVIDUALS WHO ARE
MEMBERS OF SPECIAL POPULATIONS.
[(a) Assurances of Equal Access for Members of Special
Populations.--The State board, in its State plan, shall provide
assurances that--
[(1) individuals who are members of special
populations will be provided with equal access to
recruitment, enrollment, and placement activities;
[(2) individuals who are members of special
populations will be provided with equal access to the
full range of vocational education programs available
to individuals who are not members of special
populations, including occupationally specific courses
of study, cooperative education, apprenticeship
programs, and, to the extent practicable, comprehensive
career guidance and counseling services, and shall not
be discriminated against on the basis of their status
as members of special populations;
[(3)(A) vocational education programs and activities
for individuals with handicaps will be provided in the
least restrictive environment in accordance with
section 612(5)(B) of the Individuals with Disabilities
Education Act and will, whenever appropriate, be
included as a component of the individualized education
program developed under section 614(a)(5) of such Act;
[(B) students with handicaps who have individualized
education programs developed under section 614(a)(5) of
the Individuals with Disabilities Education Act shall,
with respect to vocational education programs, be
afforded the rights and protections guaranteed such
students under sections 612, 614, and 615 of such Act;
[(C) students with handicaps who do not have
individualized education programs developed under
section 614(a)(5) of the Individuals with Disabilities
Education Act or who are not eligible to have such a
program shall, with respect to vocational education
programs, be afforded the rights and protections
guaranteed such students under section 504 of the
Rehabilitation Act of 1973 and, for the purpose of this
Act, such rights and protections shall include making
vocational education programs readily accessible to
eligible individuals with disabilities through the
provision of services described in subsection (c)(3);
[(D) vocational education planning for individuals
with handicaps will be coordinated between appropriate
representatives of vocational education, special
education, and State vocational rehabilitation
agencies; and
[(E) the provision of vocational education to each
student with handicaps will be monitored to determine
if such education is consistent with the individualized
education program developed for such student under
section 614(a)(5) of the Individuals with Disabilities
Education Act, in any case in which such a program
exists;
[(4) the provision of vocational education will be
monitored to ensure that disadvantaged students and
students of limited English proficiency have access to
such education in the most integrated setting possible;
and
[(5)(A) the requirements of this Act relating to
individuals who are members of special populations--
[(i) will be carried out under the general
supervision of individuals in the appropriate
State educational agency or State board who are
responsible for students who are members of
special populations; and
[(ii) will meet education standards of the
State educational agency or State board; and
[(B) with respect to students with handicaps, the
supervision carried out under subparagraph (A) shall be
carried out consistent with and in conjunction with
supervision by the State educational agency or State
board carried out under section 612(6) of the
Individuals with Disabilities Education Act.
[(b) Provision of Information.--(1) Each local educational
agency shall provide to students who are members of special
populations and parents of such students at least 1 year before
the students enter or are of an appropriate age for the grade
level in which vocational education programs are first
generally available in the State, but in no event later than
the beginning of the ninth grade, information concerning--
[(A) the opportunities available in vocational
education;
[(B) the requirements for eligibility for enrollment
in such vocational education programs;
[(C) specific courses that are available;
[(D) special services that are available;
[(E) employment opportunities; and
[(F) placement.
[(2) Each eligible institution that receives assistance under
title II shall provide the information described in paragraph
(1) to each individual who requests information concerning or
seeks admission to vocational education programs offered by the
institution, and, when appropriate, assist in the preparation
of applications relating to such admission.
[(3) The information provided under this subsection shall, to
the extent practicable, be in a language and form that the
parents and students understand.
[(c) Assurances.--Each eligible recipient that receives
assistance under title II shall provide assurances that such
eligible recipient shall--
[(1) assist students who are members of special
populations to enter vocational education programs,
and, with respect to students with handicaps, assist in
fulfilling the transitional service requirements of
section 626 of the Individuals with Disabilities
Education Act;
[(2) assess the special needs of students
participating in programs receiving assistance under
title II with respect to their successful completion of
the vocational education program in the most integrated
setting possible;
[(3) provide supplementary services to students who
are members of special populations, including, with
respect to individuals with handicaps--
[(A) curriculum modification;
[(B) equipment modification;
[(C) classroom modification;
[(D) supportive personnel; and
[(E) instructional aids and devices;
[(4) provide guidance, counseling, and career
development activities conducted by professionally
trained counselors and teachers who are associated with
the provision of such special services; and
[(5) provide counseling and instructional services
designed to facilitate the transition from school to
post-school employment and career opportunities.
[(d) Participatory Planning.--The State board shall--
[(1) establish effective procedures, including an
expedited appeals procedure, by which parents,
students, teachers, and area residents concerned will
be able to directly participate in State and local
decisions that influence the character of programs
under this Act affecting their interests; and
[(2) provide technical assistance and design such
procedures to ensure that such individuals are given
access to the information needed to use such
procedures.]
[TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION]
TITLE II--BASIC STATE GRANTS FOR VOCATIONAL-TECHNICAL EDUCATION
PART A--STATE PROGRAMS
SEC. 201. STATE PROGRAMS AND STATE LEADERSHIP.
(a) General Authority.--From amounts reserved under section
102(a)[(3)](2), each State shall conduct State programs and
State leadership activities.
[(b) Required Uses of Funds.--The programs and activities
described in subsection (a) shall include--
[(1) professional development activities for
vocational teachers and academic teachers working with
vocational education students, including corrections
educators and counselors, and educators and counselors
in community-based organizations, including inservice
and preservice training of teachers in state-of-the-art
programs and techniques, including integration of
vocational and academic curricula, with particular
emphasis on inservice and preservice training of
minority teachers;
[(2) development, dissemination, and field testing of
curricula, especially--
[(A) curricula that integrate vocational and
academic methodologies; and
[(B) curricula that provide a coherent
sequence of courses through which academic and
occupational skills may be measured; and
[(3) assessment of programs conducted with assistance
under this Act, including the development of--
[(A) performance standards and measures for
such programs; and
[(B) program improvement and accountability
with respect to such programs.
[(c) Authorized Activities.--The programs and activities
described in subsection (a) may include--
[(1) the promotion of partnerships among business,
education (including educational agencies), industry,
labor, community-based organizations, or governmental
agencies;
[(2) the support for tech-prep education as described
in section 344;
[(3) the support of vocational student organizations,
especially with respect to efforts to increase minority
participation in such organizations;
[(4) leadership and instructional programs in
technology education; and
[(5) data collection.]
(b) Required Uses of Funds.--The programs described in
subsection (a) shall include--
(1) an assessment of the vocational-technical
education programs carried out with funds under this
Act that includes an assessment of how the needs of
special populations are being met and how such programs
will ensure that the benchmarks established under
section 114 are being met;
(2) developing, improving, or expanding the use of
technology in vocational-technical education which may
include:
(A) training of vocational-technical
education personnel to use State-of-the art
technology, which may include distance
learning,
(B) providing vocational-technical education
students with the academic and technical skills
that lead to entry into the high technology and
telecommunications field; or
(C) encouraging schools to work with high
tech industries to offer voluntary internships
and mentoring programs;
(3) professional development programs, including--
(A) inservice and preservice training in
state-of-the-art vocational-technical education
programs and techniques; and
(B) support of education programs for
teachers of vocational-technical education in
public schools and other public school
personnel who are involved in the direct
delivery of educational services to vocational
education students to ensure that such teachers
stay current with the needs, expectations, and
methods of industry; and
(4) support for vocational-technical education
programs that improve the academic and technical skills
of students participating in vocational-technical
education programs by strengthening the academic
component of such vocational-technical education
programs through the integration of academics with
vocational-technical education to ensure learning in
the core academic subjects.
(c) Permissible Uses of Funds.--The programs under subsection
(a) may include--
(1) technical support for eligible recipients;
(2) support for tech-prep programs;
(3) support for programs for single parents,
displaced homemakers, single pregnant women, and
individuals in nontraditional occupations that lead to
high skill, high wage careers;
(4) support for cooperative education;
(5) support for vocational student organizations;
(6) support for public charter schools operating
secondary vocational-technical education programs;
(7) support for vocational-technical education
programs that offer experience in, and understanding
of, all aspects of the industry for which students are
preparing to enter;
(8) support for family and consumer sciences
programs; and
(9) support for corrections vocational-technical
education.
(d) Restriction on Uses of Funds.--A State that receives
funds under section 102(a)(2) may not use any of such funds to
pay administrative costs.
[PART B--OTHER STATE-ADMINISTERED PROGRAMS
[Subpart 1--Programs to Provide Single Parents, Displaced Homemakers,
and Single Pregnant Women With Marketable Skills and to Promote the
Elimination of Sex Bias
[SEC. 221. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND
SINGLE PREGNANT WOMEN.
[(a) General Authority.--Each State shall use the amount
reserved under section 102(a)(2)(A) only to--
[(1) provide, subsidize, reimburse, or pay for
preparatory services, including instruction in basic
academic and occupational skills, necessary educational
materials, and career guidance and counseling services,
in preparation for vocational education and training
that will furnish single parents, displaced homemakers,
and single pregnant women with marketable skills;
[(2) make grants to eligible recipients for expanding
preparatory services and vocational education services
when the expansion directly increases the eligible
recipients' capacity for providing single parents,
displaced homemakers, and single pregnant women with
marketable skills;
[(3) make grants to community-based organizations for
the provision of preparatory and vocational education
services to single parents, displaced homemakers, and
single pregnant women if the State determines that the
community-based organization has demonstrated
effectiveness in providing comparable or related
services to single parents, displaced homemakers, and
single pregnant women, taking into account the
demonstrated performance of such an organization in
terms of cost, the quality of training, and the
characteristics of the participants;
[(4) make preparatory services and vocational
education and training more accessible to single
parents, displaced homemakers, and single pregnant
women by assisting such individuals with dependent
care, transportation services, or special services and
supplies, books, and materials, or by organizing and
scheduling the programs so that such programs are more
accessible; or
[(5) provide information to single parents, displaced
homemakers, and single pregnant women to inform such
individuals of vocational education programs, related
support services, and career counseling.
[(b) Settings.--The programs and services described in
subsection (a) may be provided in postsecondary or secondary
school settings, including area vocational education schools,
that serve single parents, displaced homemakers, and single
pregnant women.
[SEC. 222. SEX EQUITY PROGRAMS.
[(a) General Authority.--Except as provided in subsection
(b), each State shall use the amount reserved under section
102(a)(2)(B) only for--
[(1) programs, services, comprehensive career
guidance and counseling, and activities to eliminate
sex bias and stereotyping in secondary and
postsecondary vocational education;
[(2) preparatory services and vocational education
programs, services, and activities for girls and women,
aged 14 through 25, designed to enable the participants
to support themselves and their families; and
[(3) support services for individuals participating
in vocational education programs, services, and
activities described in paragraphs (1) and (2),
including dependent-care services and transportation.
[(b) Waiver of Age Limit.--The administrator appointed under
section 111(b)(1) may waive the requirement with respect to age
limitations contained in subsection (a)(2) whenever the
administrator determines that the waiver is essential to meet
the objectives of this section.
[SEC. 223. COMPETITIVE AWARD OF AMOUNTS; EVALUATION OF PROGRAMS.
[The administrator appointed under section 111(b)(1)--
[(1) shall, on a competitive basis, allocate and
distribute to eligible recipients or community-based
organizations the amounts reserved under section
102(a)(2) for carrying out this subpart, ensuring that
each grant made under this subpart is for a program
that is of sufficient size, scope, and quality to be
effective; and
[(2) shall develop procedures for the collection from
eligible recipients, including community-based
organizations, that receive funds under this subpart of
data appropriate to the individuals served in order to
permit evaluation of the effectiveness of such programs
as required by section 111(b)(1)(L).
[Subpart 2--Corrections Education
[SEC. 225. PROGRAMS FOR CRIMINAL OFFENDERS.
[(a) Designation of State Corrections Educational Agency.--
(1) Each State board shall designate 1 or more State
corrections agencies as State corrections educational agencies
to administer vocational education programs assisted under this
Act for juvenile and adult criminal offenders in correctional
institutions in the State, including correctional institutions
operated by local authorities.
[(2) Any corrections agency that desires to be designated
under paragraph (1) shall submit to the State board a plan for
the use of funds provided to such corrections agency from the
amounts reserved by the State under section 102(a)(5).
[(b) Duties of State Corrections Educational Agency.--In
administering programs receiving funds under this section, each
State corrections educational agency designated under
subsection (a) shall, in carrying out a vocational education
program for criminal offenders--
[(1) give special consideration to--
[(A) providing services to offenders who are
completing their sentences and preparing for
release; and
[(B) providing grants for the establishment
of vocational education programs in
correctional institutions that do not have such
programs;
[(2) provide vocational education programs for women
who are incarcerated;
[(3) improve equipment; and
[(4) in cooperation with eligible recipients,
administer and coordinate vocational education services
to offenders before and after their release.
[PART C--SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL EDUCATION
PROGRAMS
[Subpart 1--Within-State Allocation
[SEC. 231. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
[(a) General Rule.--Except as otherwise provided in this
section and section 233, each State shall distribute funds
available in any fiscal year for secondary school vocational
education programs to local educational agencies within the
State as follows:
[(1) From 70 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as the
amount such local educational agency was allocated
under section 1124 or such section's predecessor
authority of the Elementary and Secondary Education Act
of 1965 in the preceding fiscal year bears to the total
amount received under such section by local educational
agencies in the State in such year.
[(2) From 20 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 20 percent as the
number of students with handicaps who have
individualized education programs under section
614(a)(5) of the Individuals with Disabilities
Education Act served by such local educational agency
in the preceding fiscal year bears to the total number
of such students served by local educational agencies
in the State in such year.
[(3) From 10 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as the
number of students enrolled in schools and adults
enrolled in training programs under the jurisdiction of
such local educational agency in the preceding fiscal
year bears to the number of students enrolled in
schools and adults enrolled in training programs under
the jurisdiction of all local educational agencies in
the State in such year.
[(b) Minimum Grant Amount.--(1) Except as provided in
paragraph (2), no local educational agency shall be eligible
for a grant under this part unless the amount allocated to such
agency under subsection (a) is not less than $15,000. A local
educational agency may enter into a consortium with other local
educational agencies for purposes of meeting the minimum grant
requirement of this paragraph.
[(2) The State may waive the application of paragraph (1) in
any case in which the local educational agency--
[(A) is located in a rural, sparsely-populated area;
and
[(B) demonstrates that the agency is unable to enter
into a consortium for purposes of providing services
under this part.
[(3) Any amounts which 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 paragraph (2) in accordance with the provisions of this
section.
[(c) Limited Jurisdiction Agencies.--(1) In applying the
provisions of subsection (a), no State board receiving
assistance under this Act shall allocate funds to a local
educational agency that serves only elementary schools, but
shall distribute such funds to the local or regional
educational agency which provides secondary school services to
secondary school students in the same attendance area.
[(2) 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.
[(d) Allocations to Area Vocational Education Schools and
Intermediate Educational Agencies.--(1) The State shall
distribute funds available for secondary school vocational
education programs to the appropriate area vocational education
school or intermediate educational agency in any case in
which--
[(A) the area vocational education school or
intermediate educational agency and the local
educational agency concerned--
[(i) have formed or will form a consortium
for the purpose of receiving funds under this
section; or
[(ii) have entered into or will enter into a
cooperative arrangement for such purpose; and
[(B)(i) the area vocational education school or
intermediate educational agency serves an approximately
equal or greater proportion of students with handicaps
and students who are economically disadvantaged than
the proportion of such students attending the secondary
schools under the jurisdiction of all of the local
educational agencies sending students to the area
vocational education school or the intermediate
educational agency; or
[(ii) the area vocational education school,
intermediate educational agency, or local educational
agency demonstrates that it is unable to meet the
criterion described in clause (i) due to the lack of
interest by students described in clause (i) in
attending vocational education programs in that area
school or intermediate educational agency.
[(2) If an area vocational education school or intermediate
educational agency meets the requirements of paragraph (1),
then--
[(A) the amount that would otherwise be distributed
to the local educational agency shall be allocated to
the area vocational education school, the intermediate
educational agency, and the local educational agency
based on each school's or entity's relative share of
students described in paragraph (1)(B)(i) who are
attending vocational education programs that meet the
requirements of section 235 (based, if practicable, on
the average enrollment for the prior 3 years); or
[(B) such amount may be allocated on the basis of an
agreement between the local educational agency and the
area vocational education school or intermediate
educational agency.
[(3)(A) For the purposes of this subsection, the State may
determine the number of economically disadvantaged students
attending vocational education programs on the basis of
eligibility for any of the following:
[(i) Free or reduced-price meals under the National
School Lunch Act.
[(ii) The State program funded under part A of title
IV of the Social Security Act.
[(iii) Benefits under the Food Stamp Act of 1977.
[(iv) Services under title I of the Elementary and
Secondary Education Act of 1965.
[(v) Other indices of economic status including
estimates of such indices, if the State demonstrates to
the satisfaction of the Secretary that such indices are
more representative of such number.
[(B) If a State elects to use more than 1 factor described in
subparagraph (A) for purposes of making the determination
described in such subparagraph, the State shall ensure that the
data used is not duplicative.
[(4) The State board shall establish an appeals procedure for
resolution of any dispute arising between a local educational
agency and an area vocational education school or an
intermediate educational agency with respect to the allocation
procedures described in this section, including the decision of
a local educational agency to leave a consortium.
[(5) Notwithstanding the provisions of paragraphs (1), (2),
(3), and (4) any local educational agency receiving an
allocation which is not sufficient to conduct a program which
meets the requirements of section 235(c) is encouraged to--
[(A) form a consortium or enter into a cooperative
agreement with an area vocational education school or
intermediate educational agency offering programs that
meet the requirements of section 235(c) and that are
accessible to economically disadvantaged students and
students with handicaps served by such local
educational agency; and
[(B) transfer such allocation to the area vocational
education school or intermediate educational agency.
[SEC. 232. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS.
[(a) General Rule.--(1) Except as provided in subsection (b)
and section 233, each State shall distribute funds available in
any fiscal year for postsecondary and adult vocational
education programs to eligible institutions or consortia
thereof within the State. Each such eligible institution or
consortium shall receive an amount that bears the same
relationship to the amount of funds available under such
section as the number of Pell Grant recipients and recipients
of assistance from the Bureau of Indian Affairs enrolled in
programs meeting the requirements of section 235 offered by
such institution or consortium in the preceding fiscal year
bears
to the number of such recipients enrolled in such programs
within the State in such year.
[(2) In order for a consortium of eligible institutions
described in paragraph (1) to receive assistance pursuant to
such paragraph such consortium shall operate joint projects
that--
[(A) provide services to all postsecondary
institutions participating in the consortium; and
[(B) are of sufficient size, scope and quality as to
be effective.
[(b) Waiver for More Equitable Distribution.--The Secretary
may waive the application of subsection (a) in the case of any
State that 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 institutions or consortia within the State
that have the highest numbers of economically
disadvantaged individuals and that an alternative
formula would result in such a distribution; and
[(2) includes a proposal for an alternative formula
that may include criteria relating to the number of
individuals attending institutions or consortia within
the State who--
[(A) receive need-based postsecondary
financial aid provided from public funds;
[(B) are members of families participating in
the State program funded under part A of title
IV of the Social Security Act;
[(C) are enrolled in postsecondary
educational institutions that--
[(i) are funded by the State;
[(ii) do not charge tuition; and
[(iii) serve only economically
disadvantaged students;
[(D) are enrolled in programs serving
economically disadvantaged adults;
[(E) are participants in programs assisted
under the Job Training Partnership Act; or
[(F) are recipients of Pell Grants.
[(c) Minimum Grant Amount.--(1) No grant provided to any
institution or consortium under this section shall be for an
amount that is less than $50,000.
[(2) Any amounts which are not allocated by reason of
paragraph (1) shall be redistributed to eligible institutions
or consortia in accordance with the provisions of this section.
[(d) Definition.--For the purposes of this section--
[(1) the term ``eligible institution'' means an
institution of higher education, a local educational
agency serving adults, or an area vocational education
school serving adults that offers or will offer a
program that meets the requirements of section 235 and
seeks to receive assistance under this part;
[(2) the term ``institution of higher education'',
notwithstanding section 427(b)(2) of the Higher
Education Amendments of 1992, has the meaning given
that term in section 435(b) of the Higher Education Act
of 1965 as such section was in effect on July 22, 1992;
and
[(3) the term ``Pell Grant recipient'' means a
recipient of financial aid under subpart 1 of part A of
title IV of the Higher Education Act of 1965.
[SEC. 233. SPECIAL RULE FOR MINIMAL ALLOCATION.
[(a) General Authority.--In any fiscal year in which a
minimal amount is made available by a State for distribution
under section 231 or section 232 such State may,
notwithstanding the provisions of section 231 or section 232,
as appropriate, in order to result in a more equitable
distribution of funds for programs serving the highest numbers
of economically disadvantaged individuals, distribute such
minimal amount--
[(1) on a competitive basis; or
[(2) through any alternative method determined by the
State.
[(b) 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 this part.
[SEC. 234. REALLOCATION.
[(a) In General.--In any academic year that a local
educational agency or eligible institution does not expend all
of the amounts it is allocated for such year under section 231
or section 232, such local educational agency or eligible
institution shall return any unexpended amounts to the State to
be reallocated under section 231 or section 232, as
appropriate.
[(b) Reallocation of Amounts Returned Late in an Academic
Year.--In any academic year in which amounts are returned to
the State under sections 231 or 232 and the State is unable to
reallocate such amounts according to such sections in time for
such amounts to be expended in such academic year, the State
shall retain such amounts to be distributed in combination with
amounts provided under this title for the following academic
year.
[Subpart 2--Uses of Funds
[SEC. 235. USES OF FUNDS.
[(a) General Authority.--Each eligible recipient that
receives a grant under this part shall use funds provided under
such grant to improve vocational education programs, with the
full participation of individuals who are members of special
populations, at a limited number of sites or with respect to a
limited number of program areas.
[(b) Priority.--Each eligible recipient that receives a grant
under this part shall give priority for assistance under this
part to sites or programs that serve the highest concentrations
of individuals who are members of special populations.
[(c) Requirements for Uses of Funds.--(1) Funds made
available under a grant under this part shall be used to
provide vocational education in programs that--
[(A) are of such size, scope, and quality as to be
effective;
[(B) integrate academic and vocational education in
such programs through coherent sequences of courses so
that students achieve both academic and occupational
competencies; and
[(C) provide equitable participation in such programs
for the special populations consistent with the
assurances and requirements in section 118.
[(2) In carrying out the provisions of paragraph (1), grant
funds may be used for activities such as--
[(A) upgrading of curriculum;
[(B) purchase of equipment, including instructional
aids;
[(C) inservice training of both vocational
instructors and academic instructors working with
vocational education students for integrating academic
and vocational education;
[(D) guidance and counseling;
[(E) remedial courses;
[(F) adaptation of equipment;
[(G) tech-prep education programs;
[(H) supplementary services designed to meet the
needs of special populations;
[(I) a special populations coordinator paid in whole
or in part from such funds who shall be a qualified
counselor or teacher to ensure that individuals who are
members of special populations are receiving adequate
services and job skill training;
[(J) apprenticeship programs;
[(K) programs that are strongly tied to economic
development efforts in the State;
[(L) programs which train adults and students for all
aspects of the occupation, in which job openings are
projected or available;
[(M) comprehensive mentor programs in institutions of
higher education offering comprehensive programs in
teacher preparation, which seek to fully use the skills
and work experience of individuals currently or
formerly employed in business and industry who are
interested in becoming classroom instructors and to
meet the need of vocational educators who wish to
upgrade their teaching competencies;
[(N) provision of education and training through
arrangements with private vocational training
institutions, private postsecondary educational
institutions, employers, labor organizations, and joint
labor-management apprenticeship programs whenever such
institutions, employers, labor organizations, or
programs can make a significant contribution to
obtaining the objectives of the State plan and can
provide substantially equivalent training at a lesser
cost, or can provide equipment or services not
available in public institutions.
[(3) Equipment purchases pursuant to sections 231 and 232,
when not being used to carry out the provisions of this Act,
may be used for other instructional purposes if--
[(A) the acquisition of the equipment was reasonable
and necessary for the purpose of conducting a properly
designed project or activity under this title;
[(B) is used after regular school hours or on
weekends; and
[(C) such other use is--
[(i) incidental to the use of that equipment
under this title;
[(ii) does not interfere with the use of that
equipment under this title; and
[(iii) does not add to the cost of using that
equipment under this title.
[(4) Each eligible recipient receiving funds under this part
shall use no more than 5 percent of such funds for
administrative costs.
[Subpart 3--Local Application
[SEC. 240. LOCAL APPLICATION.
[Any eligible recipient desiring financial assistance under
this part shall, according to requirements established by the
State board, submit to the State board an application, covering
the same period as the State plan, for the use of such
assistance. The State board shall determine requirements for
local applications, except that each such application shall--
[(1) contain a description of the vocational
education programs to be funded, including--
[(A) the extent to which the program
incorporates each of the elements described in
section 235;
[(B) how the eligible recipient will use the
funds available under this part and from other
resources to improve the program with regard to
each use of funds described in section 235;
[(2) contain a report on the number of individuals in
each of the special populations;
[(3) contain a description of how the needs of
individuals who are members of special populations will
be assessed and a description of the planned use of
funds to meet such needs;
[(4) describe how access to programs of good quality
will be provided to students who are economically
disadvantaged (including foster children), students
with handicaps, and students of limited English
proficiency through affirmative outreach and
recruitment efforts;
[(5) provide assurances that the programs funded
under this part shall be carried out according to the
criteria for programs for each special population;
[(6) describe the program evaluation standards the
applicant will use to measure its progress;
[(7) describe methods to be used to coordinate
vocational education services with relevant programs
conducted under the Job Training Partnership Act,
including cooperative arrangements established with
private industry councils established under section
102(a) of such Act, in order to avoid duplication and
to expand the range of and accessibility to vocational
education services;
[(8) describe methods used to develop vocational
educational programs in consultation with parents and
students of special populations;
[(9) provide a description of coordination with
community-based organizations;
[(10) consider the demonstrated occupational needs of
the area in assisting programs funded by this Act;
[(11) provide a description of how the eligible
recipient will provide a vocational education program
that--
[(A) integrates academic and occupational
disciplines so that students participating in
the program are able to achieve both academic
and occupational competence; and
[(B) offers coherent sequences of courses
leading to a job skill;
[(12) provide assurances that the eligible recipient
will provide a vocational education program that--
[(A) encourages students through counseling
to pursue such coherent sequences of courses;
[(B) assists students who are economically
disadvantaged, students of limited English
proficiency, and students with handicaps to
succeed through supportive services such as
counseling, English-language instruction, child
care, and special aids;
[(C) is of such size, scope, and quality as
to bring about improvement in the quality of
education offered by the school; and
[(D) seeks to cooperate with the sex equity
program carried out under section 222;
[(13) provide an assurance that the eligible
recipient will provide sufficient information to the
State to enable the State to comply with the provisions
of section 231(d); and
[(14) describe how the eligible recipient will
monitor the provision of vocational education to
individuals who are members of special populations.]
PART B--SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL-TECHNICAL
EDUCATION PROGRAMS
Subpart 1--Within-State Allocation
SEC. 221. DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.
(a) General Rule.--Except as otherwise provided in this
section and section 223, each State shall distribute the funds
received under this Act and available in fiscal year 1998 for
secondary school vocational-technical education to local
educational agencies within the State as follows:
(1) From 70 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as the
amount such local educational agency was allocated
under section 1124 or such section's predecessor
authority of the Elementary and Secondary Education Act
of 1965 in the preceding fiscal year bears to the total
amount received under such section by local educational
agencies in the State in such year.
(2) From 20 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 20 percent as the
number of students with disabilities who have
individualized education programs undersection 614(d)
of the Individuals with Disabilities Education Act who are served by
such local educational agency in the preceding fiscal year bears to the
total number of such students served by local educational agencies in
the State in such year.
(3) From 10 percent of such funds, each local
educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as the
number of students enrolled in schools and adults
enrolled in training programs under the jurisdiction of
such local educational agency in the preceding fiscal
year bears to the number of students enrolled in
schools and adults enrolled in training programs under
the jurisdiction of all local educational agencies in
the State in such year.
(b) Allocation for Subsequent Fiscal Years.--In fiscal year
1999, and the succeeding 3 fiscal years, each State shall
distribute the funds available in any such fiscal year for
secondary school vocational-technical education programs to
local educational agencies within the State as follows:
(1) Population.--50 percent shall be allocated to
such agencies in proportion to the number of
individuals aged 15 to 19, inclusive, who reside in the
school district served by such 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 year.
(2) Income.--50 percent shall be allocated to such
agencies in proportion to the number of individuals
aged 15 through 19, inclusive, who reside in the school
district served by such agency from families with
incomes below the poverty line (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)))
applicable to a family of the size involved for the
fiscal year for which the determination is made
compared to the number of such individuals in all the
local educational agencies in the State.
(c) Waiver for More Equitable Distribution.--The Secretary
may waive the application of subsection (b) in the case of any
State that submits to the Secretary an application for such a
waiver that--
(1) demonstrates that the formula described in
subsection (b) does not result in a distribution of
funds to local educational agencies within the State
that have the greatest economic need and that an
alternative formula would result in such a
distribution; and
(2) includes a proposal for such an alternative
formula.
(d) Minimum Grant Amount.--
(1) In general.--Except as provided in paragraph (2),
no local educational agency shall be eligible for a
grant under this part unless the amount allocated to
such agency under subsections (a) and (b) is not less
than $7,500. 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 State 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 vocational-technical education
programs; and
(B) demonstrates that the agency is unable to
enter into a consortium for purposes of
providing services 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.
(e) Limited Jurisdiction Agencies.--
(1) In general.--In applying the provisions of
subsections (a), (b), (c), and (d), no State receiving
assistance under this Act 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) Secondary school jurisdiction.--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 were enrolled in such secondary schools
in the previous year from the elementary schools
involved.
(f) Allocations to Area Vocational-Technical Education
Schools and Educational Service Agencies.--
(1) In general.--Each State shall distribute funds
available for secondary school vocational-technical
education programs to the appropriate area vocational-
technical education school or educational service
agency in any case in which the area vocational-
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 vocational-
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
vocational-technical education school, the educational
service agency, and the local educational agency based
on each school's or entity's relative share of students
who are attending vocational-technical education
programs (based, if practicable, on the average
enrollment for the prior 3 years).
(3) Appeals procedure.--The State board shall
establish an appeals procedure for resolution of any
dispute arising between a local educational agency and
an area vocational-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.
(g) 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 225 is
encouraged to--
(A) form a consortium or enter into a
cooperative agreement with an area vocational-
technical education school or educational
service agency offering programs that meet the
requirements of section 225;
(B) transfer such allocation to the area
vocational-technical education school or
educational service agency; and
(C) be of sufficient size, scope, and quality
as to be effective.
(2) Funds to consortium.--Funds allocated to a
consortium formed to meet the requirements of this
paragraph 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 Act. Such funds may not be reallocated to
individual members of the consortium for purposes or
programs benfiting only one member of the consortium.
(h) Data.--The Secretary shall collect information from
States regarding the specific dollar allocations made available
by the State for vocational-technical education programs under
subsections (a), (b), (c), and (d) and how these allocations
are distributed to local educational agencies, area vocational-
technical education schools, educational services agencies, and
eligible institutions within the State in accordance with this
section.
SEC. 222. DISTRIBUTION OF FUNDS FOR POSTSECONDARY AND ADULT VOCATIONAL-
TECHNICAL EDUCATION PROGRAMS.
(a) Allocation.--
(1) In general.--Except as provided in subsections
(b) and (c) and section 223, each State shall
distribute funds available in any fiscal year for
postsecondary and adult vocational-technical education
programs to eligible institutions or consortia of
eligible institutions within the State.
(2) Formula.--Each eligible institution or consortium
of eligible institutions shall receive an amount that
bears the same relationship to the amount of funds
available under such section as the number of
individuals who are Pell Grant recipients or recipients
of assistance from the Bureau of Indian Affairs and are
enrolled in programs meeting the requirements of
section 225 offered by such institution or consortium
in the preceding fiscal year bears to 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 as 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 can be used
only for programs authorized under this Act.
Such funds may not be reallocated to individual
members of the consortium for purposes or
programs benefiting only one member of the
consortium.
(b) Waiver for More Equitable Distribution.--The Secretary
may waive the application of subsection (a) in the case of any
State that submits to the Secretary of Education 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 institutions or consortia within the State
that have the highest numbers of economically
disadvantaged individuals and that an alternative
formula would result in such a distribution; and
(2) includes a proposal for such an alternative
formula.
(c) Minimum Grant Amount.--
(1) In general.--No funds provided to any institution
or consortium under this section shall be for an amount
that is less than $20,000.
(2) Redistribution.--Any amounts that are not
distributed by reason of paragraph (1) shall be
redistributed to eligible institutions or consortia of
eligible institutions in accordance with the provisions
of this section.
(d) Definitions.--For the purposes of this section--
(1) the term ``eligible institution'' means an
institution of higher education as such term is defined
in section 1201(a) of the Higher Education Act of 1965,
a local educational agency serving adults, or an area
vocational education school serving adults that offers
or will offer a program that meets the requirements of
section 225 and seeks to receive assistance under this
part; and
(2) the term ``Pell Grant'' means a recipient of
financial aid under subpart 1 of part A of title IV of
the Higher Education Act of 1965.
SEC. 223. SPECIAL RULES FOR VOCATIONAL-TECHNICAL EDUCATION.
(a) Special Rule for Minimal Allocation.--
(1) General authority.--Notwithstanding the
provisions of sections 221 and 222 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 a State for distribution under section 221
or 222, such State may distribute such minimal amount
for such year--
(A) on a competitive basis; or
(B) through any alternative method determined
by the State.
(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 this part.
(b) Redistribution.--
(1) In general.--In any academic year that a local
educational agency or eligible institution does not
expend all of the amounts it is allocated for such year
under section 221 or 222, such recipient shall return
any unexpended amounts to the State to be reallocated
under section 221 or 222, as appropriate.
(2) Redistribution of amounts returned late in an
academic year.--In any academic year in which amounts
are returned to the State under section 221 or 222 and
the State is unable to reallocate such amounts
according to such sections in time for such amounts to
be expended in such academic year, the State shall
retain such amounts for distribution in combination
with amounts provided under this title for the
following academic year.
(c) Construction.--Nothing in section 221 or 222 shall be
construed--
(1) to prohibit a local educational agency (or a
consortium thereof) that receives assistance under
section 221, from working with an eligible recipient
(or consortium thereof) that receives assistance under
section 222, to carry out secondary school vocational-
technical education programs in accordance with this
title;
(2) to prohibit an eligible recipient (or consortium
thereof) that receives assistance under section 222,
from working with a local educational agency (or
consortium thereof) that receives assistance under
section 221, to carry out postsecondary and adult
vocational-technical education programs in accordance
with this title; or
(3) to require a charter school that is a local
educational agency to jointly establish its eligibility
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 State board shall provide funds to charter schools that
offer vocational-technical education programs that are public
schools of the local educational agency in the same manner as
it provides those funds to other schools of the local
educational agency. Such program within a charter school shall
be of sufficient size, scope, and quality as to be effective.
SEC. 224. LOCAL APPLICATION FOR VOCATIONAL-TECHNICAL EDUCATION
PROGRAMS.
(a) Application Required.--Any eligible recipient desiring
financial assistance under this part shall, in accordance with
requirements established by the State board, submit an
application to the State board. Such application shall cover
the same period of time as the period of time applicable to the
State application submitted under section 112.
(b) Contents.--The State board shall determine requirements
for local applications, except that each application shall--
(1) describe how the vocational-technical education
programs required under section 225(b) will be carried
out with funds received under this part;
(2) describe how students participating in
vocational-technical education programs carried out
with funds under this Act will reach the State
benchmarks as established under section 114;
(3) describe how the eligible recipient will--
(A) improve the academic and technical skills
of students participating in vocational-
technical education programs by strengthening
the academic component of such programs through
the integration of academics with vocational-
technical education programs through a coherent
sequence of courses to ensure learning in the
core academic subjects; and
(B) ensure that students who participate in
such vocational-technical education programs
are taught to the same challenging academic
proficiencies as are provided for all other
students;
(4) describe how parents, students, teachers,
business and representatives of employees are involved
in the development and implementation of vocational-
technical education programs assisted under this Act;
and
(5) provide assurances that the eligible recipient
will provide a vocational-technical education program
that is of such size, scope, and quality as to bring
about improvement in the quality of vocational-
technical education programs.
SEC. 225. LOCAL USES OF FUNDS.
(a) General Authority.--Each eligible recipient that receives
a grant under this part shall use such funds to improve
vocational-technical education programs.
(b) Requirements for Uses of Funds.--Funds made available
under this part shall be used to provide vocational-technical
education programs that--
(1) strengthen the academic and technical skills of
students participating in vocational-technical
education programs by strengthening the academic
component of such programs through the integration of
academics with vocational-technical education programs
through a coherent sequence of courses to ensure
learning in the core academic subjects;
(2) develop, improve, or expand the use of technology
in vocational-technical education which may include:
(A) training of vocational-technical
education personnel to use State-of-the art
technology, which may include distance
learning;
(B) providing vocational-technical education
students with the academic and technical skills
that lead to entry into the high technology and
telecommunications field; or
(C) encouraging schools to work with high
tech industries to offer voluntary internships
and mentoring programs;
(3) provide professional development programs,
including--
(A) inservice training in state-of-the-art
vocational-technical education programs and
techniques; and
(B) support of education programs for
teachers of vocational-technical education in
public schools and other public school
personnel who are involved in the direct
delivery of educational services to vocational
education students, to ensure that such
teachers stay current with the needs,
expectations, and methods of industry;
(4) support for vocational-technical education
programs that improve the academic and technical skills
of students participating in vocational-technical
education programs by strengthening the academic
component of such vocational-technical education
programs through the integration of academics with
vocational-technical education to ensure learning in
the core academic subjects; and
(5) provide an assessment of the vocational-technical
education programs carried out with funds under this
Act, including an assessment of how the needs of
special populations are being met, and how such
programs will ensure that the benchmarks established
under section 114 are being met.
(c) Permissible Activities.--The vocational-technical
education programs described in subsection (b) may be used
for--
(1) establishing agreements between secondary and
postsecondary vocational-technical education programs
in order to provide postsecondary education and
training opportunities for students participating in
such vocational-technical programs, such as tech-prep
programs;
(2) involving parents, business, and representatives
of employees in the design and implementation of
vocational-technical education programs authorized
under this Act;
(3) providing career guidance and counseling;
(4) providing work related experience, such as
internships, cooperative education, school-based
enterprises, entrepreneurship, and job shadowing that
are related to vocational-technical education programs;
(5) programs for single parents, displaced
homemakers, and single pregnant women;
(6) local education and business partnerships;
(7) vocational student organizations;
(8) mentoring and support services;
(9) leasing, purchasing, or upgrading of equipment;
and
(10) establishing effective programs and procedures
to enable vocational-technical education program
participants and their parents to participate directly
in decisions that influence the programs, including
providing information and assistance for informed
effective participation.
(d) Administrative Costs.--Each eligible recipient receiving
funds under this part shall not use more than 2 percent of the
funds for administrative costs associated with the
administration of the grant.
[TITLE III--SPECIAL PROGRAMS
[Part A--State Assistance for Vocational Education Support Programs by
Community-Based Organizations
[Applications
[Sec. 301. (a) Each community-based organization which
desires to receive assistance under this part shall prepare
jointly with the appropriate eligible recipient and submit an
application to the State board at such time, in such manner,
and containing or accompanied by such information as the State
board may require. Each such application shall--
[(1) contain an agreement between the community-based
organization and the eligible recipients in the area to
be served, which includes the designation of fiscal
agents established for the program;
[(2) provide a description of the uses for which
assistance is sought pursuant to section 302(b)
together with evaluation criteria to be applied to the
program;
[(3) provide assurances that the community-based
organization will give special consideration to the
needs of severely economically and educationally
disadvantaged youth ages sixteen through twenty-one,
inclusive;
[(4) provide assurances that business concerns will
be involved, as appropriate, in services and activities
for which assistance is sought;
[(5) describe the collaborative efforts with the
eligible recipients and the manner in which the
services and activities for which assistance is sought
will serve to enhance the enrollment of severely
economically and educationally disadvantaged youth into
the vocational education programs; and
[(6) provide assurances that the programs conducted
by the community-based organization will conform to the
applicable standards of performance and measures of
effectiveness required of vocational education programs
in the State.
[Uses of Funds
[Sec. 302. (a) From the portion of the allotment of each
State under section 101 available for this part, each State
shall provide financial assistance to joint programs of
eligible recipients and community-based organizations within
the State for the conduct of special vocational education
services and activities described in subsection (b).
[(b) Funds provided under this section may be used in
accordance with State plans for--
[(1) outreach programs to facilitate the entrance of
youth into a program of transitional services and
subsequent entrance into vocational education,
employment or other education and training;
[(2) transitional services such as attitudinal and
motivational prevocational training programs;
[(3) prevocational educational preparation and basic
skills development conducted in cooperation with
business concerns;
[(4) special prevocational preparations programs
targeted to inner-city youth, non-English speaking
youth, Appalachian youth, and the youth of other urban
and rural areas having a high density of poverty who
need special prevocational education programs;
[(5) career intern programs;
[(6) model programs for school dropouts;
[(7) assessment of students needs in relation to
vocational education and jobs; and
[(8) guidance and counseling to assist students with
occupational choices and with the selection of a
vocational education program.
[Part B--Consumer and Homemaking Education
[consumer and homemaking education grants
[Sec. 311. From the portion of the allotment of each State
under section 101 available for this part, the Secretary is
authorized to make grants to States to assist them in
conducting consumer and homemaking education programs. Such
programs may include (1) instructional programs, services, and
activities that prepare youth and adults for the occupation of
homemaking, and (2) instruction in the areas of food and
nutrition, individual and family health, consumer education,
family living and parenthood education, child development and
guidance, housing, home management (including resource
management), and clothing and textiles.
[use of funds from consumer and homemaking education grants
[Sec. 312. (a) Grants to any State under this part shall be
used, in accordance with State plans approved under section
114--
[(1) to conduct programs for residents of
economically depressed areas;
[(2) to encourage participation of traditionally
underserved populations;
[(3) to encourage, in cooperation with the individual
appointed under section 111(b)(1), the elimination of
sex bias and sex stereotyping;
[(4) to improve, expand, and update programs with an
emphasis on those which specifically address needs
described under clauses (1), (2), and (3); and
[(5) to address priorities and emerging concerns at
the local, State, and national levels.
[(b) Grants for the purposes set forth in subsection (a) may
be used for--
[(1) program development and improvement of
instruction and curricula relating to managing
individual and family resources, making consumer
choices, balancing work and family, improving responses
to individual and family crises (including family
violence and child abuse), strengthening parenting
skills (especially among teenage parents), preventing
teenage pregancy, assisting aged and individuals with
handicaps, and members of at-risk populations
(including the homeless), improving individual, child,
and family nutrition and wellness, conserving limited
resources, understanding the impact of new technology
on life and work, applying consumer and homemaking
education skills to jobs and careers, and other needs
as determined by the State; and
[(2) support services and activities designed to
ensure the quality and effectiveness of programs,
including demonstration of innovative and exemplary
projects, community outreach to underserved
populations, application of academic skills (such as
reading, writing, mathematics, and science) through
consumer and homemaking education programs, curriculum
development, research, program evaluation, development
of instructional materials, teacher education,
upgrading of equipment, teacher supervision, and State
administration and leadership, including activities of
the student organization.
[(c) Not less than one-third of the Federal funds made
available to any State under this section shall be expended in
economically depressed areas or areas with high rates of
unemployment for programs designed to assist consumers and to
help improve home environments and the quality of family life.
[Information Dissemination and Leadership
[Sec. 313. (a) The State board shall ensure that the
experience and information gained through carrying out programs
assisted under this part is shared with administrators for the
purpose of program planning. Funds available under this part
shall be used to assist in providing State leadership and full
time State administrators qualified by experience and
educational preparation in home economics education.
[(b) Not more than 6 percent of the funds available under
this part may be used for State administration of projects,
services, and activities under this part.
[Part C--Comprehensive Career Guidance and Counseling Programs
[Grants for Career Guidance and Counseling
[Sec. 321. From the portion of the allotment of each State
under section 101 available for this part, the Secretary is
authorized to make grants to States to assist them in
conducting career guidance and counseling programs authorized
by this part.
[Use of Funds From Career Guidance and Counseling Grants
[Sec. 322. (a) Grants to any State under this part shall be
used, in accordance with State plans (and amendments thereto),
for programs (organized and administered by certified
counselors) designed to improve, expand, and extend career
guidance and counseling programs to meet the career
development, vocational education, and employment needs of
vocational education students and potential students. Such
programs shall be designed to assist individuals--
[(1) to acquire self-assessment, career planning,
career decisionmaking, and employability skills;
[(2) to make the transition from education and
training to work;
[(3) to maintain marketability of current job skills
in established occupations;
[(4) to develop new skills to move away from
declining occupational fields and enter new and
emerging fields in high-technology areas and fields
experiencing skill shortages;
[(5) to develop midcareer job search skills and to
clarify career goals; and
[(6) to obtain and use information on financial
assistance for postsecondary and vocational education,
and job training.
[(b) Programs of career guidance and counseling under this
part shall encourage the elimination of sex, age, handicapping
condition, and race bias and stereotyping, provide for
community outreach, enlist the collaboration of the family, the
community, business, industry, and labor and be accessible to
all segments of the population, including women, minorities,
the handicapped, and the economically disadvantaged. The
programs authorized by this part shall consist of--
[(1) instructional activities and other services at
all educational levels to help students with the skills
described in clauses (1) through (6) of subsection (a);
and
[(2) services and activities designed to ensure the
quality and effectiveness of career guidance and
counseling programs and projects assisted under this
part, such as counselor education (including education
of counselors working with individuals with limited
English proficiency), training of support personnel,
curriculum development, research and demonstration
projects, experimental programs, instructional
materials development, equipment acquisition,
development of career information delivery systems, and
State and local leadership and supervision; and
[(3) projects which provide opportunities for
counselors to obtain firsthand experience in business
and industry, and projects which provide opportunities
to acquaint students with business, industry, the labor
market, and training opportunities (including secondary
educational programs that have at least one
characteristic of an apprenticeable occupation as
recognized by the Department of Labor or the State
Apprenticeship Agency in accordance with the Act of
August 16, 1937, known as the National Apprenticeship
Act, in concert with local business, industry, labor,
and other appropriate apprenticeship training entities,
designed to prepare participants for an apprenticeable
occupation or provide information concerning
apprenticeable occupations and their prerequisites).
[(c) Not less than 20 percent of the sums made available to a
State under this part shall be used for programs designed to
eliminate sex, age, and race bias and stereotyping under
subsection (b) and for activities to ensure that programs under
this part are accessible to all segments of the population,
including women, the disadvantaged, the handicapped,
individuals with limited English proficiency, and minorities.
[Information Dissemination and Leadership
[Sec. 323. (a) The State board shall ensure that the
experience and information gained through programs assisted
under this part is shared with administrators for the purpose
of program planning. Funds available under this part shall be
used to assist in providing State leadership qualified by
experience and knowledge in guidance and counseling.
[(b) Not more than 6 percent of the funds available under
this part may be used for State administration of projects,
services, and activities under this part.]
TITLE III--RESEARCH AND DEVELOPMENT
PART A--RESEARCH AND DEVELOPMENT
SEC. 301. EVALUATION; RESEARCH; DEMONSTRATIONS; AND DISSEMINATION.
(a) Single Plan.--
(1) In general.--The Secretary shall develop a single
plan for evaluation and assessment, research,
demonstrations, and dissemination with regard to the
vocational-technical education programs assisted under
this Act.
(2) Plan.--Such plan shall--
(A) identify the vocational-technical
education programs the Secretary will carry out
under this section;
(B) describe how the Secretary will evaluate
such vocational-technical education programs in
accordance with subsection (b); and
(C) include such other information as the
Secretary determines to be appropriate.
(b) Evaluation and Assessment.--
(1) In general.--From amounts made available under
subsection (g), the Secretary shall provide for the
conduct of an independent evaluation and assessment of
vocational-technical education programs under this Act
through studies and analyses conducted independently
through grants and contracts awarded on a competitive
basis.
(2) Contents.--Such evaluation and assessment of
vocational-technical education programs shall include
descriptions of--
(A) the extent to which State, local, and
tribal entities have developed, implemented, or
improved State and local vocational-technical
education programs;
(B) the degree to which the expenditures at
the Federal, State, local, and tribal levels
address improvement in vocational-technical
education programs;
(C) the extent to which vocational-technical
education programs succeed in preparing
individuals participating in such programs for
entry into postsecondary education, further
learning, or high skill, high wage careers; and
(D) the effect of State benchmarks,
performance measures, and other measures of
accountability on the delivery of vocational-
technical education programs.
(c) Information Collection and Report.--
(1) In general.--The Secretary may collect and
disseminate information from States regarding State
efforts to meet State benchmarks described in section
114.
(2) Report.--The Secretary shall gather any
information collected pursuant to paragraph (1) and
submit a report to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
(d) Research.--
(1) In general.--The Secretary shall award grants, on
a competitive basis, to an institution of higher
education, a public or private organization or agency,
or a consortium of such institutions, organizations, or
agencies to establish a national research center or
centers--
(A) to carry out research for the purpose of
developing, improving, and identifying the most
successful methods for successfully addressing
the education, employment, and training needs
of participants in vocational-technical
education programs;
(B) to carry out research to increase the
effectiveness and improve the implementation of
vocational-technical education programs,
including conducting research and development
and studies providing longitudinal information
or formative evaluation with respect to
vocational-technical education programs;
(C) to carry out such other programs as the
Secretary determines to be appropriate to
achieve the purposes of this Act.
(2) Summary.--The Secretary shall provide an annual
report summarizing the evaluations and assessments
described in subsection (b), and the research conducted
pursuant to this subsection, and the findings of such
evaluations and assessments, and research, to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate.
(e) Demonstrations and Dissemination.--
(1) Demonstration program.--The Secretary is
authorized to carry out demonstration vocational-
technical education programs, to replicate model
vocational-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
vocational-technical education programs assisted under
this Act.
(2) Demonstration partnership.--
(A) In general.--The Secretary shall carry
out a demonstration partnership project
involving a 4-year, accredited postsecondary
institution, in cooperation with local public
education organizations, volunteer groups, and
private sector business participants to provide
program support, and facilities for education,
training, tutoring, counseling, employment
preparation, specific skills training in
emerging and established professions,
retraining of military medical personnel,
retraining of individuals displaced by
corporate or military restructuring, migrant
workers, and other individuals who otherwise
would not have access to such services, through
multi-site, multi-State distance learning
technologies.
(B) Program.--Such program may be carried out
directly or through grants, contracts,
cooperative agreements, or through the national
center or centers.
(f) Definition.--As used in this section, the term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C.1141(a)).
(g) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary for fiscal year
1998 and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this part.
PART B--VOCATIONAL-TECHNICAL EDUCATION INFORMATION
SEC. 311. DATA SYSTEMS AUTHORIZED.
(a) Establishment of System.--(1) The Secretary shall,
directly, or by grant, contract or cooperative agreement,
establish a vocational educational data system (in this section
referred to as the ``system''), using comparative information
elements and uniform definitions, to the extent practicable.
(2) The Secretary shall establish the system not later than
the end of the 6-month period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990.
(3) The National Center for Education Statistics (in this
section referred to as the ``National Center'') shall
coordinate the development and implementation of the system.
(b) Functions of System.--Through the system, the Secretary
shall collect data and analyze such data in order to provide--
(1) the Congress with information relevant to
policymaking; and
(2) Federal, State, and local agencies and Tribal
agencies with information relevant to program
management, administration and effectiveness with
respect to education and employment opportunities.
(c) Contents of System.--(1)(A) The system shall include
information--
(i) describing the major elements of the vocational
education system on at least a national basis,
including information with respect to teachers,
administrators, students, facilities, and, to the
extent practicable, equipment; and
(ii) describing the condition of vocational education
with respect to the elements described in clause (i).
(B) The information described in subparagraph (A) shall be
provided, to the extent practicable, in the context of other
educational data relating to the condition of the overall
education system.
(C) The Secretary, in consultation with the Task Force, the
National Center, and the Office of Adult and Vocational
Education (in this section referred to as the ``Office''),
shall modify existing general purpose and program data systems
to ensure that an appropriate vocational education component is
included in the design, implementation and reporting of such
systems in order to fulfill the information requirements of
this section.
(2) The information system shall include data reflecting the
extent of participation of the following populations:
(A) women;
(B) Indians;
(C) individuals with handicaps;
(D) individuals of limited English proficiency;
(E) economically disadvantaged students (including
information on students in rural and urban areas);
(F) adults who are in need of training and
retraining;
(G) single parents;
(H) youths incarcerated in juvenile detention or
correctional facilities or criminal offenders who are
serving time in correctional institutions;
(I) individuals who participate in programs designed
to eliminate gender bias and sex stereotyping in
vocational education;
(J) minorities; and
(K) displaced homemakers.
(3) The Secretary, in consultation with the National Center
and the Office, shall maintain and update the system at least
every 3 years and assure the system provides the highest
quality statistics and is adequate to meet the information
needs of this Act. In carrying out the requirements of this
paragraph, the Secretary shall ensure that appropriate
methodologies are used in assessments of students of limited
English proficiency and students with handicaps to ensure valid
and reliable comparisons with the general student population
and across program areas. With respect to standardized tests
and assessments administered under this Act, test results shall
be used as 1 of multiple independent indicators in assessment
of performance and achievement.
(d) Assessment of International Competitiveness.--The Center
shall carry out an assessment of data availability and adequacy
with respect to international competitiveness in vocational
skills. To the extent practicable, the assessment shall include
comparative policy-relevant data on vocational education in
nations which are major trade partners of the United States.
The assessment shall at a minimum identify available
internationally comparative data on vocational education and
options for obtaining and upgrading such data. The results of
the assessment required by this paragraph shall be reported to
the appropriate committees of the Congress not later than
August 31, 1994.
(e) Use of and Compatibility With Other Data Collection
Systems.--(1) In establishing, maintaining, and updating the
system, the Secretary shall--
(A) use existing data collection systems operated by
the Secretary and, to the extent appropriate, data
collection systems operated by other Federal agencies;
(B) conduct additional data collection efforts to
augment the data collection systems described in
subparagraph (A) by providing information necessary for
policy analysis required by this section; and
(C) use any independent data collection efforts that
are complementary to the data collection efforts
described in subparagraphs (A) and (B).
(2) In carrying out the responsibilities imposed by this
part, the Secretary shall cooperate with the Secretary of
Commerce, the Secretary of Labor, and the National Occupational
Information Coordinating Committee established under section
422 with respect to the development of an information system
under section 463 of the Job Training Partnership Act to ensure
that the information system operated under this section is
compatible with and complementary to other occupational supply
and demand information systems developed or maintained with
Federal assistance. The Secretary shall also ensure that the
system allows international comparisons to the extent feasible.
(3) The Secretary shall assure that the system, to the extent
practicable, uses data definitions common to State plans,
performance standards, local applications and evaluations
required by this Act. The data in the system shall be available
for use in preparing such plans, standards, applications, and
evaluations.
(f) Reports.--The Secretary shall report to the Congress at
least biennially with respect to--
(1) the performance of the system established under
subsection (a); and
(2) strategies to improve the system and expand its
implementation.
(g) Vocational Education Advisory Task Force.--(1) The
Secretary, in consultation with the National Center and the
Office shall establish a Vocational Education Advisory Task
Force.
(2) The Secretary shall establish the Task Force before the
expiration of the 90-day period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990, and shall
terminate upon the expiration of the 2-year period beginning on
such date.
(3) The Task Force shall advise the Secretary on the
development and implementation of an information reporting and
accounting system responsive to the diverse programs supported
by this Act.
(4) The membership of the Task Force shall be representative
of Federal, State, and local agencies and Tribal agencies
affected by technological information, representatives of
secondary and vocational postsecondary educational
institutions, representatives of vocational student
organizations, representatives of special populations,
representatives of adult training programs funded under this
Act, and representatives of apprenticeships, business, and
industry.
(5) The National Center shall provide the Task Force with
staff for the purpose of carrying out its functions.
(h)(1) Assessment of Educational Progress Activities.--As a
regular part of its assessments, the National Assessment of
Educational Progress shall collect and report information for
at least a nationally representative subsample of vocational
education students, including students who are members of
special populations, which shall allow for fair and accurate
assessment and comparison of the educational achievement of
vocational education students and other students in the areas
assessed. Such assessment may include international
comparisons.
(2)(A) Notwithstanding any provision of section 406 of the
General Education Provisions Act, the Commissioner of Education
Statistics may authorize a State educational agency or a
consortium of such agencies to use items and data from the
National Assessment of Educational Progress for the purpose of
evaluating a course of study related to vocational education,
if the Commissioner has determined, in writing, that such use
will not--
(i) result in the identification of characteristics
or performance of individual students or schools;
(ii) result in the ranking or comparing of schools or
local educational agencies;
(iii) be used to evaluate the performance of
teachers, principals, or other local educators for the
purpose of dispensing rewards or punishments; or
(iv) corrupt or harm the use and value of data
collected for the National Assessment of Educational
Progress.
(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate, a report which contains--
(i) a copy of the request for such authorization;
(ii) a copy of the written determination under
subsection (a); and
(iii) a description of the details and duration of
such authorization.
(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the
authorized use of items or data from the National Assessment is
evaluated for technical merit and for its affect on the
National Assessment of Educational Progress. The results of
such evaluations shall be promptly reported to the committees
specified in subparagraph (B).
national occupational information coordinating committee
Sec. 312. (a) There is established a National Occupational
Information Coordinating Committee (in this section referred to
as the ``Committee'') which shall consist of the Assistant
Secretary for Vocational and Adult Education, the Commissioner
of the Rehabilitative Services Administration, the Director of
the Office of Bilingual Education and Minority Language
Affairs, the Assistant Secretary for Postsecondary Education,
and the Administrator of the National Center for Education
Statistics of the Department of Education, the Commissioner of
Labor Statistics and the Assistant Secretary for Employment and
Training of the Department of Labor, the Undersecretary for
Small Community and Rural Development of the Department of
Agriculture, the Assistant Secretary for Economic Development
of the Department of Commerce, and the Assistant Secretary of
Defense (Force Management and Personnel). The Committee, with
funds available to it under section 451, shall provide funds,
on an annual basis, to State occupational information
coordinating committees and to eligible recipients and shall--
(1) in the use of program data and employment data,
improve coordination and communication among
administrators and planners of programs authorized by
this Act and by the Job Training Partnership Act,
employment security agency administrators, research
personnel, and personnel of employment and training
planning and administering agencies (including
apprenticeship training agencies) at the Federal,
State, and local levels;
(2) develop and implement, in cooperation with State
and local agencies, an occupational information system
to meet the common occupational information needs of
vocational education programs and employment and
training programs (including postsecondary employment
and training programs) at the national, State, and
local levels, which system shall include data on
occupational demand and supply based on uniform
definitions, standardized estimating procedures, and
standardized occupational classifications, including
regularly updated data on employment demand for
agribusiness;
(3) conduct studies to improve the quality and
delivery of occupational information systems to assist
economic development activities, and examine the
effects of technological change on new and existing
occupational areas and the required changes in
knowledge and job skills; of a system to provide data
on graduation or completion rates, job placement rates
from occupationally specific programs, licensing rates,
and awards of high school graduate equivalency diplomas
(GED), each State board for higher education shall
develop a data collection system the results of which
can be integrated into the occupational information
system developed under this section.
(4) continue training, technical assistance
activities to support comprehensive career guidance,
and vocational counseling programs designed to promote
improved career decisionmaking by individuals
(especially in areas of career information delivery and
use);
(5) coordinate the efforts of Federal, State, and
local agencies and Tribal agencies with respect to such
programs; and
(6) assist State occupational information
coordinating committees established pursuant to
subsection (b).
(b) Each State receiving assistance under this Act shall
establish a State occupational information coordinating
committee composed of representatives of the State board, the
State employment security agency, the State economic
development agency, the State job training coordinating
council, the State board or agency governing higher education,
and the agency administering the vocational rehabilitation
program. Such committee shall, with funds available to it from
the National Occupational Information Coordinating Committee
established pursuant to subsection (a)--
(1) implement an occupational information system in
the State which will meet the common needs for the
planning for, and the operation of, programs of the
State board assisted under this Act, of the
administering agencies under the Job Training
Partnership Act and of the State board or agency
governing higher education; and
(2) use the occupational information system to
implement a career information delivery system.
(c)(1)(A) The Committee, in consultation with the National
Center or Centers for Research in Vocational Education,
appropriate Federal agencies, and the States, shall establish a
demonstration program to monitor educational outcomes for
vocational education using wage and other records. The
Committee shall develop procedures for establishing and
maintaining nationally accessible information on a sample of
wage and earning records maintained by States on earnings,
establishment and industry affiliation and geographical
location, and on educational activities. This information shall
be collected on at least an annual basis. The program shall
ensure that a scientific sample of vocational education
students and nonvocational education students, local
educational agencies, and States participate in the program.
The Committee shall maintain, analyze, and report data
collected under the program and shall provide technical
assistance to States, local educational agencies, and others
that wish to participate in the study.
(B)(i) Participation in the program described in subparagraph
(A) shall be voluntary. The Committee shall enter into an
agreement with any State which desires to carry out a study for
the State under this subsection. Each such agreement shall
contain provisions designed to assure--
(I) that the State will participate in the study;
(II) that the State will pay from non-Federal sources
the non-Federal share of participation; and
(III) that the State agrees to the terms and
conditions specified in this section.
(ii) For each fiscal year, the non-Federal share for the
purpose of this program shall be the cost of conducting the
study in the State, including the cost of administering the
assessment for the State sample and the cost of coordination
within the State.
(2) The program shall provide for an independent evaluation
conducted by the Office of Technology Assessment of the
Congress to assess the validity, fairness, accuracy, and
utility of the data it produces. The report shall also describe
the technical problems encountered and a description of what
was learned about how to best implement and utilize data from
the program.
(3) The provision of wage and other records to the Committee
by a State employment security agency shall be voluntary and
pursuant to an agreement between the Committee and the agency.
Such agreement shall take into consideration issues such as--
(A) reimbursing the State employment security agency
for the costs to the agency of providing the
information; and
(B) compliance with safeguards established by the
State employment security agency and determined by the
Secretary of Labor to be appropriate to ensure that the
information disclosed to the Committee is used only for
the purposes of this subsection.
(4) The Executive Director of the Committee, in consultation
with the Secretary, shall ensure that all personally
identifiable information about students, their educational
performance and their families and information with respect to
individual schools shall remain confidential in accordance with
the provisions of section 552 of title 5, United States Code.
The data gathered under this subsection shall not be used to
rank, compare, or otherwise evaluate individual students or
individual schools. No individual may be included in the
program without that individual's written consent. At least
once every 3 years the Secretary shall remind participants in
writing of their inclusion in the program.
(d) Data Collection System.--In the development and design of
a system to provide data on graduation or completion rates, job
placement rates from occupationally specific programs,
licensing rates, and awards of high school graduate equivalency
diplomas (GED), each State board for higher education shall
develop a data collection system the results of which can be
integrated into the occupational information system developed
under this section.
(e) There are authorized to be appropriated for each of
fiscal years 1998 through 2002 such sums as may be necessary to
carry out this part.
SEC. 313. INFORMATION BASE FOR VOCATIONAL EDUCATION DATA SYSTEM.
(a) Information Relating to Students With Handicaps.--(1) The
Secretary shall ensure that adequate information on access to
vocational education by secondary school students with
handicaps is maintained in the data system established under
section 311.
(2) The system shall include detailed information obtained
through scientific sample surveys concerning--
(A) types of programs available; and
(B) enrollment of students with handicaps by--
(i) type of program;
(ii) type of instructional setting; and
(iii) type of handicap.
(3)(A) The General Accounting Office shall conduct a 3-year
study, using representative samples, of the effects of the
amendments made by title II of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1990 on the
access to and participation in vocational education of
disadvantaged students, students with handicaps, students of
limited English proficiency, and, to the extent practicable,
foster children.
(B) The study shall include consideration of issues such as--
(i) the proportion of students described in paragraph
(1) who are enrolled in vocational education programs
during the first 3 program years to which the
amendments made by the Carl D. Perkins Vocational and
Applied Technology Education Amendments Act of 1990
apply compared to the program year preceding such
years;
(ii) the number of such students who enroll in
vocational education programs for the first time during
the period of study;
(iii) the number of such students who participate in
vocational education programs that lead to an
occupational skill or job placement;
(iv) the extent to which academics are incorporated
with vocational education courses;
(v) the manner in which vocational education programs
have addressed special needs of such students for
supportive services, material, and equipment;
(vi) the comparability of vocational education
services provided to such students with vocational
education services provided to students who are not
members of special populations; and
(vii) in the case of students with handicaps--
(I) the types and severity of handicaps of
such students who enroll in vocational
education programs;
(II) the extent to which such students
participate in the same vocational education
programs as students who do not have handicaps;
(III) the number of such students with
individualized education programs developed
under section 614(a)(5) of the Individuals with
Disabilities Education Act who have
individualized education programs that include
vocational education programs;
(IV) the extent to which special personnel
such as special education personnel or
vocational rehabilitation personnel assist in
the selection and provision of vocational
education programs with respect to such
students;
(V) the extent to which such students and
their parents are involved in selecting
vocational education courses and programs;
(VI) the number of such students who have
returned to secondary vocational education
programs after dropping out of or formally
exiting the local educational system; and
(VII) the ages of such students.
(C) In conducting the study required by this subsection, the
General Accounting Office may consider and include information
from other sources to address or augment the issues considered
in the study.
(4) The General Accounting Office shall submit to the
appropriate committees of the Congress a report describing the
results of the study conducted as required by this subsection
not later than July 1, 1995.
(b) Information Relating to Students Who Have Completed
Secondary School.--(1) To carry out the provisions of this
section, in accordance with the provisions of section 3 of the
Technology Assessment Act of 1972, the Office of Technology
Assessment shall conduct an assessment of a sample of tests
designed to be administered to students who have completed
secondary school to assess the level of technical knowledge
relating to broad technical fields possessed by such students.
The assessment shall include at least--
(A) an assessment of the quality, validity,
reliability, and predictive capability of widely used
vocational aptitude and competency tests and
assessments, with particular attention to--
(i) the use of such assessments with respect
to students who are members of special
populations; and
(ii) patterns of actual usage with respect to
entry into vocational education programs,
promotion within such programs, completion of
such programs, and placement in appropriate
positions;
(B) identification of trends in such tests and
assessments, including any relationship to vocational
education curricula; and
(C) identification of policy options for--
(i) strengthening development and quality of
such tests and assessments to ensure that such
tests and assessments are conducted in an
impartial manner that does not penalize
students on the basis of race, sex, or economic
background; and
(ii) means of sustaining competition in the
development of such tests and assessments.
(2) The results of the study required by paragraph
(1) shall be reported to the appropriate committees of
the Congress not later than September 30, 1994.
SEC. 314. MISCELLANEOUS PROVISIONS.
(a) 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 part. To
ensure reasonable cost, the Secretary, in consultation with the
Vocational Education Task Force, the National Center for
Education Statistics, the Office of Vocational and Adult
Education, and the National Occupational Information
Coordinating Committee shall determine the methodology to be
used and the frequency with which information is to be
collected.
(b) Cooperation of States.--All States receiving assistance
under this Act shall cooperate with the Secretary in
implementing the information systems developed pursuant to this
part.
SEC. 315. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated for this part such
sums as may be necessary for fiscal year 1998 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
PART C--TECH-PREP EDUCATION
SEC. 321. TECH-PREP EDUCATION.
(a) Program Authorized.--The State board, in accordance with
the provisions of this part, shall award grants to consortia on
a competitive basis or on the basis of a formula determined by
the State board, for tech-prep education programs.
(b) General Authority.--Each grant recipient shall use
amounts provided under the grant to develop and operate a 4-
year tech-prep education program.
(c) Contents of Program.--Any such program shall--
(1) be carried out under an articulation agreement
between the participants in the consortium;
(2) consist of the 2 or 4 years of secondary school
preceding graduation and 2 years of higher education,
or an apprenticeship program of at least 2 years
following secondary instruction, with a common core of
required proficiency in mathematics, science,
communications, and technologies designed to lead to an
associate degree or postsecondary certificate in a
specific career field;
(3) include the development of tech-prep education
program components appropriate to the needs of the
consortium participants;
(4) include in-service training for teachers that--
(A) is designed to train vocational-technical
teachers to effectively implement tech-prep
education programs;
(B) provides for joint training for teachers
in the tech-prep consortium; and
(C) may provide such training in weekend,
evening, and summer sessions, institutes, or
workshops;
(5) include training programs for counselors designed
to enable counselors to more effectively--
(A) provide information to students regarding
tech-prep education programs;
(B) support student progress in completing
such programs; and
(C) provide information on related employment
opportunities;
(6) provide equal access to the full range of
technical preparation programs to individuals who are
members of special populations, including the
development of tech-prep education program services
appropriate to the needs of such individuals; and
(7) provide for preparatory services that assist
participants in such programs.
(d) Additional Authorized Activities.--Each such program
may--
(1) provide for the acquisition of tech-prep
education program equipment; and
(2) acquire technical assistance from State or local
entities that have successfully designed, established
and operated tech-prep programs.
SEC. 322. APPLICATIONS.
(a) In General.--Each consortium that desires to receive a
grant under this part shall submit an application to the State
board, as appropriate, at such time and in such manner as the
State board shall prescribe.
(b) Plan.--Each application submitted under this section
shall contain a 5-year plan for the development and
implementation of programs under this part.
(c) Approval.--The State board shall approve applications
based on their potential to create an effective tech-prep
education program as provided for in this section.
(d) Special Consideration.--The State board, as appropriate,
shall give special consideration to applications which--
(1) provide for effective employment placement
activities or transfer of students to 4-year
baccalaureate degree programs;
(2) are developed in consultation with business,
industry, institutions of higher education, and
representatives of employees;
(3) address effectively the issues of dropout
prevention and reentry and the needs of special
populations.
SEC. 323. REPORT.
Each State that receives a grant under this part shall
annually prepare and submit to the Secretary a report on the
effectiveness of their Tech-Prep programs, including how
competitive grants were awarded within the State.
SEC. 324. ALLOTMENT.
The Secretary shall allot funds under this part in each
fiscal year in the same manner as funds are allotted under
section 101(a)(2).
SEC. 325. AUTHORIZATION.
(a) In General.--From amounts made available under section
3(a), 10 percent shall be used to carry out this part for
fiscal year 1998 and for each of the 4 succeeding fiscal years.
(b) Minimum Amount.--No State shall receive a grant of less
than $200,000 under this part in any fiscal year.
* * * * * * *
[TITLE IV--NATIONAL PROGRAMS
[PART A--RESEARCH AND DEVELOPMENT
[Research Objectives
[Sec. 401. It is the purpose of this part--
[(1) to authorize research activities which
contribute to improving the access to vocational
education programs of individuals who are
disadvantaged, who are handicapped, women who are
entering nontraditional occupations, adults who are in
need of retraining, individuals who are single parents,
displaced homemakers, or single pregnant women,
individuals with limited English proficiency, and
individuals who are incarcerated in correctional
institutions;
[(2) to authorize additional research and development
activities that are related to the purposes of this Act
as stated in section 2;
[(3) to improve the competitive process by which
research projects are awarded;
[(4) to encourage the dissemination of findings of
research projects assisted under this Act to all
States; and
[(5) to authorize research activities which are
readily applicable to the vocational education setting
and are of practical application to vocational
education administrators, counselors, and instructors
and others involved in vocational education.
[Research Activities
[Sec. 402. (a) In order to carry out the objectives set forth
in section 401, the Secretary shall conduct applied research on
aspects of vocational education specifically related to this
Act. Such research may be conducted through the Office of
Educational Research and Improvement. Such research shall
include--
[(1) effective methods for providing quality
vocational education to handicapped individuals,
disadvantaged individuals, men and women in
nontraditional fields, adults, single parents,
displaced homemakers, single pregnant women,
individuals with limited English proficiency, and
individuals who are incarcerated in correctional
institutions;
[(2) research on the development and implementation
of performance standards and measures that fit within
the needs of State boards or eligible recipients in
carrying out the provisions of this Act and on the
relationship of such standards and measures to the data
system established under section 421, which may include
evaluation of existing performance standards and
measures and dissemination of such information to the
State board and eligible recipients;
[(3) evaluation of the use of performance standards
and measures under this Act and the effect of such
standards and measures on the participation of students
in vocational education programs and on the outcomes of
students in such programs, especially students who are
members of special populations;
[(4) strategies for coordinating local, State, and
Federal vocational education; employment training, and
economic development programs to maximize their
efficacy and for improving worker training and
retraining;
[(5) the constructive involvement of the private
sector in public vocational education;
[(6) successful methods of reinforcing and enhancing
basic and more advanced academic and problem-solving
skills in vocational settings;
[(7) successful methods for providing students, to
the maximum extent practicable, with experience in and
understanding of all aspects of the industry such
students are preparing to enter; and
[(8) the development of effective methods for
providing quality vocational education to individuals
of limited English proficiency, including research
related to bilingual vocational training.
[(b) In addition, the Secretary shall support meritorious,
unsolicited research proposals from individual researchers,
community colleges, State advisory councils, and State and
local educators relating to the goals of this Act.
[(c) Dissemination.--(1) The Secretary shall establish a
system for disseminating information resulting from research
and development activities carried out under this Act. In
establishing such system, the Secretary shall use existing
dissemination systems, including the National Diffusion
Network, the National Center or Centers for Research in
Vocational Education, and the National Network for Curriculum
Coordination in Vocational and Technical Education, in order to
assure broad access at the State and local levels to the
information being disseminated.
[(2)(A) In order to comply with paragraph (1), the Secretary
shall establish through grants or contracts a National Network
for Curriculum Coordination in Vocational and Technical
Education (in this paragraph referred to as the ``Network'')
consisting of 6 regional curriculum coordination centers. The
Network shall--
[(i) provide national dissemination of information on
effective vocational education programs and materials,
with particular attention to regional programs;
[(ii) be accessible by electronic means;
[(iii) provide leadership and technical assistance in
the design, development, and dissemination of curricula
for vocational education;
[(iv) coordinate the sharing of information among the
States with respect to vocational education curricula;
[(v) reduce duplication of effort in State activities
for the development of vocational education curricula;
and
[(vi) promote the use of research findings with
respect to vocational education curricula.
[(B) The Secretary shall encourage the designation by each
State of a liaison representative for the Network.
[(d) The Secretary shall give preference in carrying out the
provisions of this part to public and private postsecondary
institutions in conducting vocational education research.
[(e) The Secretary shall institute measures designed to
ensure that program improvement activities carried out under
this section represent a coordinated effort to improve the
quality of vocational education.
[SEC. 403. NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION PROGRAMS.
[(a) In General.--(1) The Office of Education Research and
Improvement (in this section referred to as the ``Office'')
shall conduct a national assessment of vocational education
programs assisted under this Act, through studies and analyses
conducted independently through competitive awards.
[(2) The Office shall appoint an independent advisory panel,
consisting of vocational education administrators, educators,
researchers, and representatives of business, industry, labor,
and other relevant groups, to advise the Office on the
implementation of such assessment, including the issues to be
addressed, the methodology of the studies, and the findings and
recommendations. The panel, at its discretion, may submit to
the Congress an independent analysis of the findings and
recommendations of the assessment. The Federal Advisory
Committee Act shall not apply to the panel established under
this paragraph.
[(b) Contents.--The assessment required under subsection (a)
shall include descriptions and evaluations of--
[(1) the effect of this Act on State and tribal
administration of vocational education programs and on
local vocational education practices, including the
capacity of State, tribal and local vocational
education systems to address the priorities identified
in this Act;
[(2) expenditures at the Federal, State, tribal and
local levels to address program improvement in
vocational education, including the impact of Federal
allocation requirements (such as within-State
allocation formulas) on the delivery of services;
[(3) preparation and qualifications of teachers of
vocational and academic curricula in vocational
education programs, as well as shortages of such
teachers;
[(4) participation in vocational education programs,
including, in particular, access of individuals who are
members of special populations to high-quality
vocational education programs and the effect on the
delivery of services to such populations, of Federal
legislation giving States flexibility in allocating
funds to serve such populations;
[(5) academic and employment outcomes of vocational
education, including analyses of--
[(A) the effect of educational reform on
vocational education;
[(B) the extent and success of integration of
academic and vocational curricula;
[(C) the success of the school-to-work
transition; and
[(D) the degree to which vocational training
is relevant to subsequent employment;
[(6) employer involvement in, and satisfaction with,
vocational education programs;
[(7) the effect of performance standards and other
measures of accountability on the delivery of
vocational education services;
[(8) the effect of Federal requirements regarding
criteria for services to special populations,
participatory planning in the States, and articulation
between secondary and postsecondary programs;
[(9) coordination of services under this Act, the
Adult Education Act, the Job Training Partnership Act,
the National Apprenticeship Act, the Rehabilitation Act
of 1973, and the Wagner-Peyser Act; and
[(10) the degree to which minority students are
involved in vocational student organizations.
[(c) Consultation.--(1) The Secretary shall consult with the
Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives in the design and implementation of the
assessment required under subsection (a).
[(2) The Secretary shall submit to the Congress--
[(A) an interim report on or before January 1, 1994;
and
[(B) a final report, summarizing all studies and
analyses completed after the assessment, on or before
July 1, 1994.
[(3) Notwithstanding any other provision of law or
regulation, the reports required by this subsection shall not
be subject to any review outside of the Office of Educational
Research and Improvement before their transmittal to the
Congress, but the President, the Secretary, and the independent
advisory council established under subsection (a)(2) may make
such additional recommendations to the Congress with respect to
the assessment as they deem appropriate.
[(d) Study.--(1) The assessment required by subsection (a)
shall include a study of the distribution of Federal vocational
education funds to the States. The study shall--
[(A) consider the distributional effects of the
formula for allocation to the States established in
section 101(a)(2), including the age cohorts and the
per capita income allotment ratios;
[(B) examine the impact that various other factors
such as State tax capacity, tax effort, per capita
income, poverty and educational achievement, could have
in achieving the Federal goals and policy objectives of
this Act;
[(C) specifically address the appropriate
distribution mechanism to serve the target populations
of this Act; and
[(D) explore the use of other possible methods of
targeting funds to individuals who are members of
special populations, particularly individuals who are
economically disadvantaged, including the poverty rate
of the school-aged population, the gross State product
per school-aged child, relative tax capacity,and tax
effort of the State, unemployment figures, and dropout rates.
[(2) The findings of the study required by paragraph (1)
shall be used to formulate recommendations on the most
appropriate criteria and methods to direct Federal funds to the
States and to achieve the Federal goals and policy objectives
of this Act.
[(3) The study required under paragraph (1) shall be
completed by January 1, 1994.
[SEC. 404. NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCATIONAL
EDUCATION.
[(a) General Authority.--(1) In order to address the purposes
of this Act through the involvement of a broad array of
individuals, including both vocational and academic teachers
and administrators, the Secretary is authorized to award a
grant or grants for the establishment of 1 or 2 national
centers in the areas of--
[(A) applied research and development; and
[(B) dissemination and training.
[(2)(A) Each entity selected to establish and operate a
Center pursuant to paragraph (1) shall operate such Center for
a period of 5 years.
[(B) Beginning after December 31, 1992, the Secretary shall
award an annual grant to the National Center or Centers
selected pursuant to paragraph (1) for each of the 5 years such
National Center is operated. After the third year in which the
National Center or Centers receive a grant under this section
the Secretary shall review the research priorities of the
National Center or Centers.
[(3) Of the amount available pursuant to section 451(a)(1)
for purposes of carrying out this section, at least \2/3\ of
such amount shall be available for applied research and
development.
[(4)(A) The Secretary shall hold a competition at the same
point in time for the grant or grants for the activities
described in paragraph (1). Any institution of higher education
or consortium of such institutions may compete for either or
both sets of activities.
[(B) For the purpose of this section the term ``institution
of higher education'', notwithstanding section 427(b)(2) of the
Higher Education Amendments of 1992, has the same meaning as
provided by section 435(b) of the Higher Education Act of 1965
as such section was in effect on July 22, 1992.
[(5) If an institution or consortium demonstrates that it can
effectively carry out both activities either directly or
through contracting, such institution or consortium shall be
given a preference in the grant selection. If no institution or
consortium demonstrates such capability and 2 grants are
awarded, the Secretary must assure coordination of the
activities under both grants.
[(6) Not more than 10 percent of each year's budget for the
Center or for each of the Centers may be used to respond to
field-initiated needs unanticipated prior to the annual funding
period and which are in the mission of the Center but not part
of the scope of work of the grant.
[(7) The National Center in existence on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990 shall continue to
operate through its 5-year cycle ending December 31, 1992.
[(b) Activities.--(1) The applied research and development
activities shall include--
[(A) economic changes that affect the skills which
employers seek and entrepreneurs need;
[(B) integration of academic and vocational
education;
[(C) efficient and effective practices for addressing
the needs of special populations;
[(D) efficient and effective methods for delivering
vocational education;
[(E) articulation of school and college instruction
with high quality work experience;
[(F) recruitment, education, and enhancement of
vocational teachers and other professionals in the
field;
[(G) accountability processes in vocational
education, to include identification and evaluation of
the use of appropriate performance standards for
student, program, and State-level outcomes;
[(H) effective practices that educate students in all
aspects of the industry the students are preparing to
enter;
[(I) effective methods for identifying and
inculcating literacy and other communication skills
essential for effective job preparation and job
performance;
[(J) identification of strategic, high priority
occupational skills and skills formation approaches
needed to maintain the competitiveness of the United
States workforce, sustain high-wage, high-technology
jobs and which address national priorities such as
technical jobs needed to protect and restore the
environment;
[(K) identification of practices and strategies that
address entrepreneurial development for minority-owned
enterprises; and
[(L) upon negotiation with the Center, and if funds
are provided pursuant to subsection (d), such other
topics as the Secretary may designate.
[(2) The Center conducting the activities described in
paragraph (1) shall annually prepare a study on the research
conducted on approaches that lead to effective articulation for
the education-to-work transition, including tech-prep programs,
cooperative education or other work-based programs, such as
innovative apprenticeship or mentoring approaches, and shall
submit copies of such study to the Secretary of Education, the
Secretary of Labor, the Secretary of Health and Human Services,
the Committee on Labor and Human Resources of the Senate, and
the Committee on Education and Labor of the House of
Representatives.
[(c) Dissemination and Training.--(1) The dissemination and
training activities shall include--
[(A) teacher and administrator training and
leadership development;
[(B) technical assistance to assure that programs
serving special populations are effective in delivering
well-integrated and appropriately articulated
vocational and academic offerings for secondary,
postsecondary, and adult students;
[(C) needs assessment, design, and implementation of
new and revised programs with related curriculum
materials to facilitate vocational-academic
integration;
[(D) evaluation and follow-through to maintain and
extend quality programs;
[(E) assistance in technology transfer and
articulation of program offerings from advanced
technology centers to minority enterprises;
[(F) assistance to programs and States on the use of
accountability indicators, including appropriate and
innovative performance standards;
[(G) delivery of information and services using
advanced technology, where appropriate, to increase the
effectiveness and efficiency of knowledge transfer;
[(H) development of processes for synthesis of
research, in cooperation with a broad array of users,
including vocational and non-vocational educators,
employers and labor organizations;
[(I) dissemination of exemplary curriculum and
instructional materials, and development and
publication of curriculum materials (in conjunction
with vocational and non-vocational constituency groups,
where appropriate);
[(J) technical assistance in recruiting, hiring, and
advancing minorities in vocational education; and
[(K) upon negotiation with the Center and if funds
are provided pursuant to subsection (d), such other
topics as the Secretary may designate.
[(2) The Center conducting the activities described in
paragraph (1) shall annually prepare a study on the
dissemination and training activities described in paragraph
(1) and shall submit copies of such study to the Secretary of
Education, the Secretary of Labor, the Secretary of Health and
Human Services, the Committee on Labor and Human Resources of
the Senate, and the Committee on Education and Labor of the
House of Representatives.
[(d) Authorization of Other Research.--There are authorized
to be appropriated $3,000,000 for the fiscal year 1991 and such
sums as may be necessary for each of the fiscal years 1992,
1993, 1994, and 1995 to carry out such additional activities
assigned by the Secretary to the National Center in existence
on the date of enactment of the Carl D. Perkins Vocational and
Applied Technology Education Act Amendments of 1990 until the
termination of its grant on December 31, 1992 and to carry out
the provisions of subsections (b)(1)(L) and (c)(1)(K).
[PART B--DEMONSTRATION PROGRAMS
[SEC. 411. PROGRAMS AUTHORIZED.
[(a) In General.--From amounts available pursuant to section
101(a)(1)(A) in each fiscal year, the Secretary shall make
demonstration grants in accordance with the provisions of this
part.
[(b) Priority.--In awarding demonstration grants pursuant to
this part, the Secretary shall give priority to the programs
described in sections 412 and 413.
[SEC. 412. MATERIALS DEVELOPMENT IN TELECOMMUNICATIONS.
[(a) General Authority.--The Secretary is authorized to make
grants to nonprofit educational telecommunications entities to
pay the Federal share of the costs of the development,
production, and distribution of instructional
telecommunications materials and services for use in local
vocational and technical educational schools and colleges.
[(b) Federal Share.--(1) The Federal share of the cost of
each project assisted under this section shall be 50 percent.
[(2) The non-Federal share of the cost of each project
assisted under this section shall be provided from non-Federal
sources.
[(c) Use of Funds.--Grants awarded pursuant to this section
may be used to provide--
[(1) a sequential course of study that includes
either preproduced video courseware or direct
interactive teaching delivered via satellite,
accompanied by a variety of print and computer-based
instructional materials;
[(2) the development of individual videocassettes or
a series of videocassettes that supplement instruction,
which shall be distributed both via broadcast and
nonbroadcast means;
[(3) videodiscs that produce simulated hands-on
training; and
[(4) teacher training programs for vocational
educators and administrators and correctional
educators.
[(d) Priority.--In awarding grants under this section the
Secretary shall give priority to programs or projects which
serve--
[(1) students in area vocational and technical
schools;
[(2) teachers, administrators, and counselors in need
of training or retraining;
[(3) out-of-school adults in need of basic skills
improvement or a high school equivalency diploma to
improve the employability of such individuals;
[(4) college students, particularly college students
who are working toward a 2-year associate degree from a
technical or community college;
[(5) workers in need of basic skills, vocational
instruction, or career counseling to retain employment;
and
[(6) workers who need to improve their skills to
obtain jobs in high-growth industries.
[SEC. 413. DEMONSTRATION CENTERS FOR THE TRAINING OF DISLOCATED
WORKERS.
[(a) General Authority.--The Secretary is authorized to
establish 1 or more demonstration centers for the retraining of
dislocated workers. Such center or centers may provide for the
recruitment of unemployed workers, vocational evaluation,
assessment and counseling services, vocational and technical
training, support services, and job placement assistance. The
design and operation of each center shall provide for the
utilization of appropriate existing Federal, State, and local
programs.
[(b) Evaluation.--The Secretary shall provide for the
evaluation of each center established under subsection (a).
[(c) Dissemination of Information.--The Secretary shall
disseminate information on successful retraining models
developedby any center established under subsection (a) through
dissemination programs operated by the Secretary and the Secretary of
Labor.
[(d) Eligible Organizations.--Any private, nonprofit
organization that is eligible to receive funding under the Job
Training Partnership Act is eligible to receive funding under
this section.
[SEC. 414. PROFESSIONAL DEVELOPMENT.
[(a) Training and Study Grants.--(1) The Secretary is
authorized to provide grants to institutions of higher
education, State educational agencies, or State correctional
education agencies to provide grants, awards, or stipends--
[(A) to individuals who are entering the field of
vocational education;
[(B) for graduate training in vocational education;
[(C) for vocational teacher education; and
[(D) for attracting gifted and talented students in
vocational programs into further study and professional
development.
[(2) Grants, awards, and stipends awarded under paragraph (1)
shall provide--
[(A) opportunities for experienced vocational
educators;
[(B) opportunities for--
[(i) certified teachers who have been trained
to teach in other fields to become vocational
educators, including teachers with skills
related to vocational fields who can be trained
as vocational educators, and especially
minority instructors and instructors with
experience in teaching individuals who are
economically disadvantaged, individuals with
handicaps, students of limited English
proficiency, and adult and juvenile criminal
offenders;
[(ii) individuals in industry who have skills
and experience in vocational fields to be
trained as vocational educators; and
[(iii) vocational educators to improve or
maintain technological currency in their
fields; and
[(C) opportunities for gifted and talented vocational
education secondary and postsecondary students to
intern with Federal or State agencies, nationally
recognized vocational education associations and
student organizations or the National Center or Centers
for Research in Vocational Education.
[(b) Leadership Development Awards.--(1) In order to meet the
needs of all States for qualified vocational education leaders
(such as administrators, supervisors, teacher educators,
researchers, career guidance and vocational counseling
personnel, vocational student organization leadership personnel
and teachers in vocational education programs), the Secretary
shall make grants to institutions of higher education for
leadership development awards. Individuals selected for such
awards shall--
[(A) have not less than 3 years of experience in
vocational education or in industrial training, or, in
the case of researchers, experience in social science
research which is applicable to vocational education;
[(B) are currently employed or are reasonably assured
of employment in vocational education and have
successfully completed at least a baccalaureate degree
program;
[(C) are recommended by their employer, or others, as
having leadership potential in the field of vocational
education and have been accepted for admission as a
graduate student in a program of higher education
approved by the Secretary; and
[(D) have made a commitment to return to the field of
vocational education upon completion of education
provided through the leadership development award.
[(2) For a period of not more than 3 years, stipends shall be
paid to individuals selected for leadership development awards.
Such stipends shall be paid (including allowances for tuition,
nonrefundable fees, and other expenses for such individuals and
their dependents) as may be determined to be consistent with
prevailing practices.
[(3) The Secretary may provide grants to institutions for
stipends to individuals, which shall not exceed $9,000 per
individual per academic year or its equivalent and $3,000 per
individual per summer session or its equivalent.
[(4) The Secretary shall approve the application of the
vocational education program of an institution of higher
education for the purposes of this section only upon finding
that--
[(A) the institution offers a comprehensive program
in vocational education with adequate supporting
services and disciplines such as education
administration, career guidance and vocational
counseling, research, and curriculum development;
[(B) such program is designed to substantially
advance the objective of improving vocational education
through providing opportunities for graduate training
of vocational teachers, supervisors, and
administrators, and of university-level vocational
education teacher educators and researchers; and
[(C) such programs are conducted by a school of
graduate study in the institution of higher education.
[(5) The Secretary, in carrying out this subsection shall
apportion leadership development awards to institutions of
higher education equitably among the States, taking into
account such factors as the State's vocational education
enrollments and the need for additional vocational education
personnel in the State.
[(6) Each individual who receives a leadership development
award under this subsection shall receive payments as provided
in paragraph (2) for not more than a 3-year period during which
such individual is--
[(A) pursuing a full-time course of study in
vocational education in an approved institution of
higher education;
[(B) maintaining satisfactory proficiency in such
course of study; and
[(C) not engaged in gainful employment other than
part-time employment by such institution in teaching,
research, or similar activities.
[(c) Vocational Educator Training Fellowships.--(1) The
purpose of this subsection is to provide fellowships--
[(A) to meet the need to provide adequate numbers of
teachers and related classroom instructors in
vocational education who are technologically current in
their fields;
[(B) to take full advantage of the education which
has been provided to already certified teachers who are
unable tofind employment in their fields of training
and of individuals employed in industry who have skills and experience
in vocational fields; and
[(C) to encourage more instructors from minority
groups and teachers with skills and experience with
individuals of limited English proficiency to become
vocational education teachers.
[(2) The Secretary shall make available fellowships, in
accordance with the provisions of this subsection, to
individuals (especially minority instructors and instructors
with experience in teaching individuals who are economically
disadvantaged, individuals with disabilities, students of
limited English proficiency, and adult and juvenile criminal
offenders) who--
[(A)(i)(I) are employed in vocational education and
need an opportunity to improve or maintain
technological skills;
[(II) are certified by a State, or were so certified
during the 10-year period preceding their application
for a fellowship under this subsection, as teachers in
secondary schools, area vocational education schools or
institutes, or in community or junior colleges; and
[(III) have skills and experiences in vocational
fields so that such individuals can be trained to be
vocational educators; or
[(ii) are employed in agriculture, business, or
industry (and may or may not hold a baccalaureate
degree) and have skills and experience in vocational
fields for which there is a need for vocational
educators;
[(B) have been accepted in a program to become a
vocational educator by an institution of higher
education approved by the Secretary; and
[(C) have made a commitment to work in the field of
vocational education upon completion of such program.
[(2) The Secretary shall, for a period of not more than 2
years, provide stipends to individuals who are awarded
fellowships under this subsection (including such allowances
for tuition, nonrefundable fees, subsistence and other expenses
for such individuals and the dependents of such individuals) as
the Secretary may determine to be consistent with prevailing
practices.
[(3) The Secretary shall approve an institution of higher
education under this subsection if--
[(A) the institution offers a comprehensive program
in vocational education with adequate supporting
services and disciplines such as education
administration, career guidance and vocational
counseling, research and curriculum development; and
[(B) such program is available to individuals
receiving fellowships under this subsection so that
such individuals receive the same quality of education
and training provided for undergraduate students at
such institution who are preparing to become vocational
education teachers.
[(4) The Secretary shall apportion the fellowships available
under this subsection equitably among the States, taking into
account such factors as the State's vocational education
enrollments, and the need in the State for additional
vocational educators, especially minority educators and
individuals with skills and experience in teaching individuals
of limited English proficiency.
[(5) Individuals receiving fellowships under this subsection
shall continue to receive payments provided in paragraph (2)
only during such period as such individuals--
[(A) are maintaining satisfactory proficiency;
[(B) are devoting full time to study in the field of
vocational education in an institution of higher
education; and
[(C) are not engaging in gainful employment other
than part-time employment by such institution.
[(6)(A) The Secretary shall, before the beginning of each
fiscal year for which amounts are appropriated or otherwise
made available to carry out this subsection, publish a listing
of--
[(i) the areas of teaching in vocational education in
need of additional personnel;
[(ii) the areas of teaching which will likely have
need of additional personnel in the future; and
[(iii) areas of teaching in which technological
upgrading may be especially critical.
[(B) The listing required by subparagraph (A) shall be based
on information from the National Occupational Information
Coordinating Committee, State occupational information
coordinating committees, the vocational education data system
established pursuant to section 421, and other appropriate
sources.
[(7) In selecting recipients for fellowships under this
subsection, the Secretary shall, to the maximum extent
practicable, grant fellowships to individuals seeking to become
teachers or improve their skills in the areas identified in the
listing required by paragraph (6)(A).
[(d) Internships for Gifted and Talented Students.--(1) The
purpose of this subsection is to provide stipends for
internships to meet the need of attracting gifted and talented
vocational education students into further study and
professional development in the field of vocational education.
[(2)(A) The Secretary shall, from recommendations provided by
State directors of vocational education, select gifted and
talented students from vocational education secondary and
postsecondary programs to work as interns for Federal and State
agencies, nationally recognized vocational education
associations, or the National Center or Centers for Research in
Vocational Education. Each such student shall receive a stipend
for the period of the student's internship, which shall not
exceed 9 months. Such stipend shall cover subsistence and other
expenses for such individuals and shall be in such amount as
the Secretary may determine to be consistent with prevailing
practices.
[(B) Each individual selected under this paragraph shall have
been recommended as gifted and talented by a vocational
educator at the secondary or postsecondary school the student
attends.
[(C) Each individual selected under this paragraph shall,
during the period of such individual's internship, be provided
with professional supervision by an individual qualified and
experienced in the field of vocational education at the agency
or institution at which the internship is offered.
[SEC. 415. BLUE RIBBON VOCATIONAL EDUCATION PROGRAMS.
[(a) Information Dissemination.--The Secretary is authorized
to disseminate information and exemplary materials regarding
effective vocational education.
[(b) Standards of Excellence.--(1) The Secretary, in
consultation with the National Center or Centers for Research
in Vocational Education (in this section referred to as the
``National Center or Centers for Research''), the National
Diffusion Network, and the Blue Ribbon Schools Program, is
authorized to carry out programs to recognize secondary and
postsecondary schools or programs which have established
standards of excellence in vocational education and which have
demonstrated a high level of quality. Such schools and programs
shall be known as ``Blue Ribbon Vocational Programs''. The
Secretary shall competitively select schools and programs to be
recognized from among public and private schools or programs
within the States and schools funded by the Department of the
Interior.
[(2) In the case of a private school or vocational education
program that is designated as a Blue Ribbon Vocational
Education Program, the Secretary shall make suitable
arrangements to provide the award to such school.
[(c) Awards.--(1) The Secretary, in consultation with the
National Center or Centers for Research and the National
Occupational Information Coordinating Committee (in this
section referred to as the ``Committee''), is authorized to
designate each fiscal year a category or several categories of
vocational education, which may include tech-prep education, in
which Blue Ribbon Vocational Education Program awards will be
named. Such categories shall emphasize the expansion or
strengthening of the participation of individuals who are
members of special populations and may give special
consideration to any of the following:
[(A) program improvement;
[(B) academic and occupational competencies; and
[(C) other categories determined by the Secretary in
consultation with the National Center or Centers for
Research and the Committee.
[(2) Within each category, the Secretary shall determine the
criteria and procedures for selection. Selection for such
awards shall be based solely on merit. Schools or programs
selected for awards under this section shall not be required to
be representative of the States.
[(d) Consultation.--(1) The Secretary shall carry out the
provisions of this section, including the establishment of the
selection procedures, after consultation with appropriate
outside parties.
[(2) No award may be made under this section unless the local
educational agency, area vocational education school,
intermediate educational agency, tribal authority, Bureau of
Indian Affairs, or appropriate State agency with jurisdiction
over the school or program involved submits an application to
the Secretary at such time, in such manner and containing such
information as the Secretary may reasonably require.
[SEC. 416. DEVELOPMENT OF BUSINESS AND EDUCATION STANDARDS.
[(a) Findings.--The Congress finds that, in order to meet the
needs of business for competent entry-level workers who have
received a quality vocational education, national standards
should be developed for competencies in industries and trades.
[(b) General Authority.--(1) The Secretary, in consultation
with the Secretary of Labor, is authorized to establish a
program of grants to industrial trade associations, labor
organizations, or comparable national organizations for
purposes of organizing and operating business-labor-education
technical committees.
[(2) The committees established with assistance under this
section shall propose national standards for competencies in
industries and trades. Such standards shall at least include
standards for--
[(A) major divisions or specialty areas identified
within occupations studied;
[(B) minimum hours of study to be competent in such
divisions or specialty areas;
[(C) minimum tools and equipment required in such
divisions or specialty areas;
[(D) minimum qualifications for instructional staff;
and
[(E) minimum tasks to be included in any course of
study purporting to prepare individuals for work in
such divisions or specialty areas.
[(c) Matching Requirement.--Each recipient of a grant under
this section shall agree to provide for the committee to be
established under the grant an amount equal to the amount
provided under the grant.
[(d) Application.--Any industrial trade association, labor
organization, national joint apprenticeship committee, or
comparable national organization that desires to receive a
grant under this section shall submit to the Secretary an
application at such time, in such manner, and containing or
accompanied by such information as the Secretary may reasonably
require.
[SEC. 417. EDUCATIONAL PROGRAMS FOR FEDERAL CORRECTIONAL INSTITUTIONS.
[(a) Program Authorized.--The Secretary is authorized to make
grants to Federal correctional institutions in consortia with
educational institutions, community-based organizations of
demonstrated effectiveness, or business and industry, to
provide education and training for criminal offenders in such
institutions.
[(b) Use of Funds.--Grants awarded pursuant to this section
may be used for--
[(1) basic education programs with an emphasis on
literacy instruction;
[(2) vocational training programs;
[(3) guidance and counseling programs; and
[(4) supportive services for criminal offenders, with
special emphasis on the coordination of educational
services with agencies furnishing services to criminal
offenders after such offenders are released from
correctional institutions.
[SEC. 418. DROPOUT PREVENTION.
[(a) Program Authorized.--The Secretary is authorized to make
grants to partnerships between--
[(1) local educational agencies or area vocational
education schools; and
[(2) institutions of higher education or public or
private nonprofit organizations which have an
established record of vocational education strategies
that prevent students from dropping out of school.
[(b) Use of Funds.--Grants awarded under this section shall
be used to develop, implement, and operate vocational education
programs designed to prevent students from dropping out of
school. Such programs shall--
[(1) serve special populations, including significant
numbers of economically disadvantaged dropout-prone
youth;
[(2) provide inservice training for teachers and
administrators in dropout prevention; and
[(3) disseminate information relating to successful
dropout prevention strategies and programs through the
National Dropout Prevention Network and the Center on
Adult, Career and Vocational Education of the
Educational Resources Information Clearinghouse.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to partnerships which--
[(1) provide the special support services necessary
to help individual students successfully complete the
program such as mentoring, basic skills education, and
services which address barriers to learning; and
[(2) utilize measures to integrate basic and academic
skills instruction with work experience and vocational
education.
[SEC. 419. MODEL PROGRAMS OF REGIONAL TRAINING FOR SKILLED TRADES.
[(a) Program Authorized.--The Secretary is authorized to make
grants to regional model centers which provide--
[(1) training for skilled tradesmen within a region
serving several States, and
[(2) technical assistance for programs which train
such tradesmen within a region serving several States.
[(b) Use of Funds.--The regional model centers described in
subsection (a) shall--
[(1) provide training and career counseling for
skilled tradesmen in areas of skill shortages or
projected skilled shortages;
[(2) provide prejob and apprenticeship training and
career counseling in skilled trades;
[(3) upgrade specialized craft training; and
[(4) improve the access of women, minorities,
economically disadvantaged individuals, individuals
with handicaps and ex-criminal offenders to trade
occupations and training.
[(c) Special Rule.--In awarding grants under this section,
and to the extent practicable, the Secretary shall ensure an
equitable distribution of funds available under this section to
the various skilled trades.
[SEC. 420. DEMONSTRATION PROJECTS FOR THE INTEGRATION OF VOCATIONAL AND
ACADEMIC LEARNING.
[(a) Program Authorized.--The Secretary is authorized to make
grants to institutions of higher education, area vocational
education schools, local educational agencies, secondary
schools funded by the Bureau of Indian Affairs, State boards,
public or private nonprofit organizations, or any consortia
thereof, to develop, implement and operate programs using
different models of curricula which integrate vocational and
academic learning by--
[(1) designing integrated curricula and courses;
[(2) providing inservice training for teachers and
administrators in integrated curricula; and
[(3) disseminating information regarding effective
integrative strategies to other school districts
through the National Diffusion Network established
under part B of title XIII of the Elementary and
Secondary Education Act of 1965.
[(b) Requirements Relating to Grant Awards.--In awarding
grants under this section, the Secretary shall ensure--
[(1) an equitable geographic distribution of funds
awarded pursuant to this section;
[(2) that programs supported under this section offer
significantly different approaches to integrating
curricula;
[(3) that the programs supported under this section
serve individuals who are members of special
populations;
[(4) that programs supported under this section
serve--
[(A) vocational students in secondary schools
and at postsecondary institutions;
[(B) individuals enrolled in adult programs;
and
[(C) single parents, displaced homemakers,
and single pregnant women; and
[(5) that adequate evaluation measures will be
employed to measure the effectiveness of the curriculum
approaches supported under this section.
[SEC. 420A. COOPERATIVE DEMONSTRATION PROGRAMS.
[(a) Program Authorized.--The Secretary is authorized to
carry out, directly or through grants to or contracts with
State and local educational agencies, postsecondary educational
institutions, institutions of higher education, and other
public and private agencies, organizations, and institutions,
programs and projects which support--
[(1) model programs providing improved access to
quality vocational education programs for those
individuals described in section 521(31) of this Act
and for men and women seeking nontraditional
occupations;
[(2) examples of successful cooperation between the
private sector and public agencies in vocational
education, involving employers or consortia of
employers or labor organizations and building trade
councils, and State boards or eligible recipients
designed to demonstrate ways in which vocational
education and the private sector of the economy can
work together effectively to assist vocational
education students to attain the advanced level of
skills needed to make the transition from school to
productive employment, including--
[(A) work experience and apprenticeship
programs;
[(B) transitional worksite job training for
vocational education students which is related
to their occupational goals and closely linked
to classroom and laboratory instruction
provided by an eligible recipient;
[(C) placement services in occupations which
the students are preparing to enter;
[(D) where practical, projects (such as the
rehabilitation of public schools or housing in
inner cities or economically depressed rural
areas) that will benefit the public; and
[(E) employment-based learning programs;
[(3) programs to overcome national skill shortages,
as designated by the Secretary in cooperation with the
Secretary of Labor, Secretary of Defense, and Secretary
of Commerce;
[(4) model programs described in section 312(b)(1),
including child growth and development centers;
[(5) grants to community-based organizations in
partnerships with local schools, institutions of higher
education, and businesses for programs and projects
that assist disadvantaged youths in preparing for
technical and professional health careers (which
partnerships should include in-kind contributions from
such schools, institutions, and businesses and involve
health professionals serving as preceptors and
counselors); and
[(6) model programs providing improved access to
vocational education programs through centers to be
known as agriculture action centers, which programs
shall be operated under regulations developed by the
Secretary in consultation with the Secretary of Labor
and--
[(A) shall assist--
[(i) individuals who are adversely
affected by farm and rural economic
downturns;
[(ii) individuals who are dislocated
from farming; and
[(iii) individuals who are dislocated
from agriculturally-related businesses
and industries that are adversely
affected by farm and rural economic
downturns;
[(B) shall provide services, including--
[(i) crisis management counseling and
outreach counseling that would include
members of the family of the affected
individual;
[(ii) evaluation of vocational skills
and counseling on enhancement of such
skills;
[(iii) assistance in obtaining
training in basic, remedial, and
literacy skills;
[(iv) assistance in seeking
employment and training in employment-
seeking skills; and
[(v) assistance in obtaining training
related to operating a business or
enterprise;
[(C) shall provide for formal and on-the-job
training to the extent practicable; and
[(D) shall be coordinated with activities and
discretionary programs conducted under title
III of the Job Training Partnership Act.
[(b)(1) Projects described in clause (2) of subsection (a)
may include institutional and on-the-job training, supportive
services authorized by this Act, and such other necessary
assistance as the Secretary determines to be necessary for the
successful completion of the project.
[(2) Not less than 25 percent of the cost of the
demonstration programs authorized by this subpart shall be
provided by the recipient of the grant or contract, and such
share may be in the form of cash or in-kind contributions,
including facilities, overhead, personnel, and equipment fairly
valued.
[(c) All programs assisted under this section shall be--
[(1) of direct service to individuals enrolled in
such programs; and
[(2) capable of wide replication by service
providers.
[(d) The Secretary shall disseminate the results of the
programs and projects assisted under this section in a manner
designed to improve the training of teachers, other
instructional personnel, counsellors, and administrators who
are needed to carry out the purposes of this Act.
[Part C--Vocational Education and Occupational Information Data Systems
[SEC. 421. DATA SYSTEMS AUTHORIZED.
[(a) Establishment of System.--(1) The Secretary shall,
directly, or by grant, contract or cooperative agreement,
establish a vocational educational data system (in this section
referred to as the ``system''), using comparative information
elements and uniform definitions, to the extent practicable.
[(2) The Secretary shall establish the system not later than
the end of the 6-month period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990.
[(3) The National Center for Education Statistics (in this
section referred to as the ``National Center'') shall
coordinate the development and implementation of the system.
[(b) Functions of System.--Through the system, the Secretary
shall collect data and analyze such data in order to provide--
[(1) the Congress with information relevant to
policymaking; and
[(2) Federal, State, and local agencies and Tribal
agencies with information relevant to program
management, administration and effectiveness with
respect to education and employment opportunities.
[(c) Contents of System.--(1)(A) The system shall include
information--
[(i) describing the major elements of the vocational
education system on at least a national basis,
including information with respect to teachers,
administrators, students, facilities, and, to the
extent practicable, equipment; and
[(ii) describing the condition of vocational
education with respect to the elements described in
clause (i).
[(B) The information described in subparagraph (A) shall be
provided, to the extent practicable, in the context of other
educational data relating to the condition of the overall
education system.
[(C) The Secretary, in consultation with the Task Force, the
National Center, and the Office of Adult and Vocational
Education (in this section referred to as the ``Office''),
shall modify existing general purpose and program data systems
to ensure that an appropriate vocational education component is
included in the design, implementation and reporting of such
systems in order to fulfill the information requirements of
this section.
[(2) The information system shall include data reflecting the
extent of participation of the following populations:
[(A) women;
[(B) Indians;
[(C) individuals with handicaps;
[(D) individuals of limited English proficiency;
[(E) economically disadvantaged students (including
information on students in rural and urban areas);
[(F) adults who are in need of training and
retraining;
[(G) single parents;
[(H) youths incarcerated in juvenile detention or
correctional facilities or criminal offenders who are
serving time in correctional institutions;
[(I) individuals who participate in programs designed
to eliminate gender bias and sex stereotyping in
vocational education;
[(J) minorities; and
[(K) displaced homemakers.
[(3) The Secretary, in consultation with the National Center
and the Office, shall maintain and update the system at least
every 3 years and assure the system provides the highest
quality statistics and is adequate to meet the information
needs of this Act. In carrying out the requirements of this
paragraph, the Secretary shall ensure that appropriate
methodologies are used in assessments of students of limited
English proficiency and students with handicaps to ensure valid
and reliable comparisons with the general student population
and across program areas. With respect to standardized tests
and assessments administered under this Act, test results shall
be used as 1 of multiple independent indicators in assessment
of performance and achievement.
[(d) Assessment of International Competitiveness.--The Center
shall carry out an assessment of data availability and adequacy
with respect to international competitiveness in vocational
skills. To the extent practicable, the assessment shall include
comparative policy-relevant data on vocational education in
nations which are major trade partners of the United States.
The assessment shall at a minimum identify available
internationally comparative data on vocational education and
options for obtaining and upgrading such data. The results of
the assessment required by this paragraph shall be reported to
the appropriate committees of the Congress not later than
August 31, 1994.
[(e) Use of and Compatibility With Other Data Collection
Systems.--(1) In establishing, maintaining, and updating the
system, the Secretary shall--
[(A) use existing data collection systems operated by
the Secretary and, to the extent appropriate, data
collection systems operated by other Federal agencies;
[(B) conduct additional data collection efforts to
augment the data collection systems described in
subparagraph (A) byproviding information necessary for
policy analysis required by this section; and
[(C) use any independent data collection efforts that
are complementary to the data collection efforts
described in subparagraphs (A) and (B).
[(2) In carrying out the responsibilities imposed by this
part, the Secretary shall cooperate with the Secretary of
Commerce, the Secretary of Labor, and the National Occupational
Information Coordinating Committee established under section
422 with respect to the development of an information system
under section 463 of the Job Training Partnership Act to ensure
that the information system operated under this section is
compatible with and complementary to other occupational supply
and demand information systems developed or maintained with
Federal assistance. The Secretary shall also ensure that the
system allows international comparisons to the extent feasible.
[(3) The Secretary shall assure that the system, to the
extent practicable, uses data definitions common to State
plans, performance standards, local applications and
evaluations required by this Act. The data in the system shall
be available for use in preparing such plans, standards,
applications, and evaluations.
[(f) Reports.--The Secretary shall report to the Congress at
least biennially with respect to--
[(1) the performance of the system established under
subsection (a); and
[(2) strategies to improve the system and expand its
implementation.
[(g) Vocational Education Advisory Task Force.--(1) The
Secretary, in consultation with the National Center and the
Office shall establish a Vocational Education Advisory Task
Force.
[(2) The Secretary shall establish the Task Force before the
expiration of the 90-day period beginning on the date of the
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990, and shall
terminate upon the expiration of the 2-year period beginning on
such date.
[(3) The Task Force shall advise the Secretary on the
development and implementation of an information reporting and
accounting system responsive to the diverse programs supported
by this Act.
[(4) The membership of the Task Force shall be representative
of Federal, State, and local agencies and Tribal agencies
affected by technological information, representatives of
secondary and vocational postsecondary educational
institutions, representatives of vocational student
organizations, representatives of special populations,
representatives of adult training programs funded under this
Act, and representatives of apprenticeships, business, and
industry.
[(5) The National Center shall provide the Task Force with
staff for the purpose of carrying out its functions.
[(h)(1) Assessment of Educational Progress Activities.--As a
regular part of its assessments, the National Assessment of
Educational Progress shall collect and report information for
at least a nationally representative subsample of vocational
education students, including students who are members of
special populations, which shall allow for fair and accurate
assessment and comparison of the educational achievement of
vocational education students and other students in the areas
assessed. Such assessment may include international
comparisons.
[(2)(A) Notwithstanding any provision of section 406 of the
General Education Provisions Act, the Commissioner of Education
Statistics may authorize a State educational agency or a
consortium of such agencies to use items and data from the
National Assessment of Educational Progress for the purpose of
evaluating a course of study related to vocational education,
if the Commissioner has determined, in writing, that such use
will not--
[(i) result in the identification of characteristics
or performance of individual students or schools;
[(ii) result in the ranking or comparing of schools
or local educational agencies;
[(iii) be used to evaluate the performance of
teachers, principals, or other local educators for the
purpose of dispensing rewards or punishments; or
[(iv) corrupt or harm the use and value of data
collected for the National Assessment of Educational
Progress.
[(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate, a report which contains--
[(i) a copy of the request for such authorization;
[(ii) a copy of the written determination under
subsection (a); and
[(iii) a description of the details and duration of
such authorization.
[(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the
authorized use of items or data from the National Assessment is
evaluated for technical merit and for its affect on the
National Assessment of Educational Progress. The results of
such evaluations shall be promptly reported to the committees
specified in subparagraph (B).
[national occupational information coordinating committee
[Sec. 422. (a) There is established a National Occupational
Information Coordinating Committee (in this section referred to
as the ``Committee'') which shall consist of the Assistant
Secretary for Vocational and Adult Education, the Commissioner
of the Rehabilitative Services Administration, the Director of
the Office of Bilingual Education and Minority Language
Affairs, the Assistant Secretary for Postsecondary Education,
and the Administrator of the National Center for Education
Statistics of the Department of Education, the Commissioner of
Labor Statistics and the Assistant Secretary for Employment and
Training of the Department of Labor, the Undersecretary for
Small Community and Rural Development of the Department of
Agriculture, the Assistant Secretary for Economic Development
of the Department of Commerce, and the Assistant Secretary of
Defense (Force Management and Personnel). The Committee, with
funds available to it under section 451, shallprovide funds, on
an annual basis, to State occupational information coordinating
committees and to eligible recipients and shall--
[(1) in the use of program data and employment data,
improve coordination and communication among
administrators and planners of programs authorized by
this Act and by the Job Training Partnership Act,
employment security agency administrators, research
personnel, and personnel of employment and training
planning and administering agencies (including
apprenticeship training agencies) at the Federal,
State, and local levels;
[(2) develop and implement, in cooperation with State
and local agencies, an occupational information system
to meet the common occupational information needs of
vocational education programs and employment and
training programs (including postsecondary employment
and training programs) at the national, State, and
local levels, which system shall include data on
occupational demand and supply based on uniform
definitions, standardized estimating procedures, and
standardized occupational classifications, including
regularly updated data on employment demand for
agribusiness;
[(3) conduct studies to improve the quality and
delivery of occupational information systems to assist
economic development activities, and examine the
effects of technological change on new and existing
occupational areas and the required changes in
knowledge and job skills;
[(4) continue training, technical assistance
activities to support comprehensive career guidance,
and vocational counseling programs designed to promote
improved career decisionmaking by individuals
(especially in areas of career information delivery and
use);
[(5) coordinate the efforts of Federal, State, and
local agencies and Tribal agencies with respect to such
programs; and
[(6) assist State occupational information
coordinating committees established pursuant to
subsection (b).
[(b) Each State receiving assistance under this Act shall
establish a State occupational information coordinating
committee composed of representatives of the State board, the
State employment security agency, the State economic
development agency, the State job training coordinating
council, the State board or agency governing higher education,
and the agency administering the vocational rehabilitation
program. Such committee shall, with funds available to it from
the National Occupational Information Coordinating Committee
established pursuant to subsection (a)--
[(1) implement an occupational information system in
the State which will meet the common needs for the
planning for, and the operation of, programs of the
State board assisted under this Act, of the
administering agencies under the Job Training
Partnership Act and of the State board or agency
governing higher education; and
[(2) use the occupational information system to
implement a career information delivery system.
[(c)(1)(A) The Committee, in consultation with the National
Center or Centers for Research in Vocational Education,
appropriate Federal agencies, and the States, shall establish a
demonstration program to monitor educational outcomes for
vocational education using wage and other records. The
Committee shall develop procedures for establishing and
maintaining nationally accessible information on a sample of
wage and earning records maintained by States on earnings,
establishment and industry affiliation and geographical
location, and on educational activities. This information shall
be collected on at least an annual basis. The program shall
ensure that a scientific sample of vocational education
students and nonvocational education students, local
educational agencies, and States participate in the program.
The Committee shall maintain, analyze, and report data
collected under the program and shall provide technical
assistance to States, local educational agencies, and others
that wish to participate in the study.
[(B)(i) Participation in the program described in
subparagraph (A) shall be voluntary. The Committee shall enter
into an agreement with any State which desires to carry out a
study for the State under this subsection. Each such agreement
shall contain provisions designed to assure--
[(I) that the State will participate in the study;
[(II) that the State will pay from non-Federal
sources the non-Federal share of participation; and
[(III) that the State agrees to the terms and
conditions specified in this section.
[(ii) For each fiscal year, the non-Federal share for the
purpose of this program shall be the cost of conducting the
study in the State, including the cost of administering the
assessment for the State sample and the cost of coordination
within the State.
[(2) The program shall provide for an independent evaluation
conducted by the Office of Technology Assessment of the
Congress to assess the validity, fairness, accuracy, and
utility of the data it produces. The report shall also describe
the technical problems encountered and a description of what
was learned about how to best implement and utilize data from
the program.
[(3) The provision of wage and other records to the Committee
by a State employment security agency shall be voluntary and
pursuant to an agreement between the Committee and the agency.
Such agreement shall take into consideration issues such as--
[(A) reimbursing the State employment security agency
for the costs to the agency of providing the
information; and
[(B) compliance with safeguards established by the
State employment security agency and determined by the
Secretary of Labor to be appropriate to ensure that the
information disclosed to the Committee is used only for
the purposes of this subsection.
[(4) The Executive Director of the Committee, in consultation
with the Secretary, shall ensure that all personally
identifiable information about students, their educational
performance and their families and information with respect to
individual schools shall remain confidential in accordance with
the provisions of section 552 of title 5, United States Code.
The data gathered under this subsection shall not be used to
rank, compare, or otherwise evaluate individual students or
individual schools. No individual may be included in the
program without that individual's written consent. Atleast once
every 3 years the Secretary shall remind participants in writing of
their inclusion in the program.
[(d) Data Collection System.--In the development and design
of a system to provide data on graduation or completion rates,
job placement rates from occupationally specific programs,
licensing rates, and awards of high school graduate equivalency
diplomas (GED), each State board for higher education shall
develop a data collection system the results of which can be
integrated into the occupational information system developed
under this section.
[(e) Of amounts reserved under section 451(a)(3)(A) to carry
out the provisions of this section, the Committee shall use--
[(1) to support State occupational information
coordinating committees for the purpose of operating
State occupational information systems and career
information delivery systems, the greater of--
[(A) an amount equal to the aggregate amount
appropriated or otherwise made available for
that purpose for the fiscal year 1990; or
[(B) an amount equal to 75 percent of the
aggregate amount appropriated or otherwise made
available to carry out this section; and
[(2) for purposes of carrying out subsection (c)--
[(A) an amount equal to not less than 10
percent of the amounts available to carry out
this section; or
[(B) if the amount remaining after carrying
out paragraph (1) is insufficient to provide
the amount described in subparagraph (A), such
remaining amount.
[SEC. 423. INFORMATION BASE FOR VOCATIONAL EDUCATION DATA SYSTEM.
[(a) Information Relating to Students With Handicaps.--(1)
The Secretary shall ensure that adequate information on access
to vocational education by secondary school students with
handicaps is maintained in the data system established under
section 421.
[(2) The system shall include detailed information obtained
through scientific sample surveys concerning--
[(A) types of programs available; and
[(B) enrollment of students with handicaps by--
[(i) type of program;
[(ii) type of instructional setting; and
[(iii) type of handicap.
[(3)(A) The General Accounting Office shall conduct a 3-year
study, using representative samples, of the effects of the
amendments made by title II of the Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1990 on the
access to and participation in vocational education of
disadvantaged students, students with handicaps, students of
limited English proficiency, and, to the extent practicable,
foster children.
[(B) The study shall include consideration of issues such
as--
[(i) the proportion of students described in
paragraph (1) who are enrolled in vocational education
programs during the first 3 program years to which the
amendments made by the Carl D. Perkins Vocational and
Applied Technology Education Amendments Act of 1990
apply compared to the program year preceding such
years;
[(ii) the number of such students who enroll in
vocational education programs for the first time during
the period of study;
[(iii) the number of such students who participate in
vocational education programs that lead to an
occupational skill or job placement;
[(iv) the extent to which academics are incorporated
with vocational education courses;
[(v) the manner in which vocational education
programs have addressed special needs of such students
for supportive services, material, and equipment;
[(vi) the comparability of vocational education
services provided to such students with vocational
education services provided to students who are not
members of special populations; and
[(vii) in the case of students with handicaps--
[(I) the types and severity of handicaps of
such students who enroll in vocational
education programs;
[(II) the extent to which such students
participate in the same vocational education
programs as students who do not have handicaps;
[(III) the number of such students with
individualized education programs developed
under section 614(a)(5) of the Individuals with
Disabilities Education Act who have
individualized education programs that include
vocational education programs;
[(IV) the extent to which special personnel
such as special education personnel or
vocational rehabilitation personnel assist in
the selection and provision of vocational
education programs with respect to such
students;
[(V) the extent to which such students and
their parents are involved in selecting
vocational education courses and programs;
[(VI) the number of such students who have
returned to secondary vocational education
programs after dropping out of or formally
exiting the local educational system; and
[(VII) the ages of such students.
[(C) In conducting the study required by this subsection, the
General Accounting Office may consider and include information
from other sources to address or augment the issues considered
in the study.
[(4) The General Accounting Office shall submit to the
appropriate committees of the Congress a report describing the
results of the study conducted as required by this subsection
not later than July 1, 1995.
[(b) Information Relating to Students Who Have Completed
Secondary School.--(1) To carry out the provisions of this
section, in accordance with the provisions of section 3 of the
Technology Assessment Act of 1972, the Office of Technology
Assessment shall conduct an assessment of a sample of tests
designed to be administered to students who have completed
secondary school to assess the level of technical knowledge
relating to broadtechnical fields possessed by such students.
The assessment shall include at least--
[(A) an assessment of the quality, validity,
reliability, and predictive capability of widely used
vocational aptitude and competency tests and
assessments, with particular attention to--
[(i) the use of such assessments with respect
to students who are members of special
populations; and
[(ii) patterns of actual usage with respect
to entry into vocational education programs,
promotion within such programs, completion of
such programs, and placement in appropriate
positions;
[(B) identification of trends in such tests and
assessments, including any relationship to vocational
education curricula; and
[(C) identification of policy options for--
[(i) strengthening development and quality of
such tests and assessments to ensure that such
tests and assessments are conducted in an
impartial manner that does not penalize
students on the basis of race, sex, or economic
background; and
[(ii) means of sustaining competition in the
development of such tests and assessments.
[(2) The results of the study required by paragraph
(1) shall be reported to the appropriate committees of
the Congress not later than September 30, 1994.
[SEC. 424. MISCELLANEOUS PROVISIONS.
[(a) 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 part. To
ensure reasonable cost, the Secretary, in consultation with the
Vocational Education Task Force, the National Center for
Education Statistics, the Office of Vocational and Adult
Education, and the National Occupational Information
Coordinating Committee shall determine the methodology to be
used and the frequency with which information is to be
collected.
[(b) Cooperation of States.--All States receiving assistance
under this Act shall cooperate with the Secretary in
implementing the information systems developed pursuant to this
part.
[Part E--Bilingual Vocational Training
[Program Authorized
[Sec. 441. (a)(1) From the sums made available to carry out
this section in each fiscal year under section 3(d), the
Secretary is authorized to make grants to and to enter into
contracts with appropriate State agencies, local educational
agencies, postsecondary educational institutions, private
nonprofit vocational training institutions, and other nonprofit
organizations specially created to serve individuals who
normally use a language other than English, for bilingual
vocational education and training for individuals with limited
English proficiency to prepare such individuals for jobs in
recognized occupations and new and emerging occupations. Such
training shall include instruction in the English language to
ensure that participants in such training will be equipped to
pursue such occupations in an English language environment. The
Secretary may also enter into contracts with private for-profit
agencies and organizations for bilingual vocational education
and training programs.
[(2) Grants and contracts under this subsection may be used
for--
[(A) bilingual vocational training programs for
individuals who have completed or left elementary or
secondary school and who are available for education in
a postsecondary educational institution;
[(B) bilingual vocational education and training
programs for individuals who have already entered the
labor market and who desire or need training or
retraining to achieve year-round employment, adjust to
changing manpower needs, expand their range of skills,
or advance in employment; and
[(C) training allowances for participants in
bilingual vocational training programs.
[(b)(1) From the sums made available to carry out this
section, the Secretary is authorized to make grants to and to
enter into contracts with State agencies and public and private
nonprofit educational institutions and to enter into contracts
with private for-profit educational institutions to assist such
entities in conducting training for instructors of bilingual
vocational education and training programs.
[(2) Grants and contracts under this subsection may be used
for--
[(A) preservice and inservice training for
instructors, aides, counselors, or other ancillary
personnel participating or preparing to participate in
bilingual vocational training programs; and
[(B) fellowships and traineeships for individuals
participating in preservice or inservice training.
[(3) The Secretary may not make a grant or enter into a
contract under this subsection unless the Secretary determines
that the applicant has an ongoing vocational training program
in the field in which participants will be trained and can
provide instructors with adequate language capabilities in the
language other than English to be used in the program.
[(c)(1) From the sums made available to carry out this
section, the Secretary is authorized to make grants to and to
enter into contracts with State agencies, educational
institutions, and appropriate nonprofit organizations, and to
enter into contracts with private for-profit organizations and
individuals, to assist in the development of instructional and
curriculum materials, methods, or techniques for bilingual
vocational training.
[(2) Grants and contracts under this subsection may be used
for--
[(A) research in bilingual vocational training;
[(B) training programs to familiarize State agencies
and training institutions with research findings and
with successful pilot and demonstration projects in
bilingual vocational education and training; and
[(C) experimental, developmental, pilot, and
demonstration projects.
[(d)(1) Any eligible entity which desires to receive a grant
from the Secretary under subsection (a), (b), or (c) shall
submit an application to the Secretary in such form, at such
times, and accompanied by such information as the Secretary may
require. Such application shall provide that the activities and
services for which assistance is sought will be administered by
or under the supervision of the applicant.
[(2) An application pursuant to subsection (a) shall (A) set
forth a program of such size, scope, and design as will make a
substantial contribution toward carrying out the purposes of
this section, and (B) be submitted to the State board or agency
under section 111 for review and comment. Any such comments
shall be included for submission to the Secretary.
[(3) An application pursuant to subsection (c) shall set
forth the qualifications of staff responsible for any such
program.
[(4) An application pursuant to subsection (b) shall--
[(A) describe the capabilities of the applicant
(including vocational training or education courses
offered by the applicant, accreditation, and any
certification of courses by appropriate State
agencies);
[(B) describe the qualifications of principal staff
responsible for any program under subsection (b); and
[(C) describe minimum qualifications for individuals
participating or to participate in any program,
describe the selection process for such individuals,
and the projected amount of the fellowships or
traineeships, if any.
[(5) Prior to making grants or contracts under subsection (a)
or (b), the Secretary shall consult with the State board under
section 111 to ensure an equitable distribution of assistance
among populations of individuals with limited English
proficiency within the State.
[(6) The Secretary may approve an application for assistance
under this section only if the application meets the
requirements set forth under this section. An amendment to an
application shall, except as the Secretary may otherwise
provide, be subject to approval in the same manner as the
initial application.
[(e)(1) The Secretary shall administer programs under this
section in consultation with the Secretary of Labor.
[(2) Programs of bilingual vocational education and training
under this section in the Commonwealth of Puerto Rico may
provide for the needs of students of limited Spanish
proficiency.
[(3) The Secretary of Education, in consultation with the
Secretary of Labor, shall gather and disseminate information
concerning the status of bilingual vocational education in all
geographic regions and shall evaluate the impact of bilingual
vocational education on occupational shortages of skilled
workers, the unemployment or underemployment of individuals
with limited English proficiency, and the ability of such
individuals to acquire sufficient job skills and English
language skills to fully contribute to the economy.
[(f)(1) For each fiscal year, not less than 75 per centum of
sums appropriated for the purposes of this section shall be
available only for grants and contracts under subsection (a).
[(2) For each fiscal year, not less than 15 per centum of the
sums appropriated for the purposes of this section shall be
available only for grants and contracts under subsection (b).
[(3) For each fiscal year, not less than 10 per centum of
sums appropriated for the purposes of this section shall be
available only for grants and contracts under subsection (c).
[Part F--General Provisions
[SEC. 451. DISTRIBUTION OF ASSISTANCE.
[(a) In General.--Subject to the provisions of subsection (b)
and section 504, of the amounts available pursuant to section
3(e)(1) for any fiscal year for this title--
[(1) 30 percent shall be available for part A,
relating to research and development, of which 90
percent shall be available for section 404, relating to
the National Center or Centers;
[(2) 30 percent shall be available for part B,
relating to demonstration programs; and
[(3) 40 percent shall be available for part C,
relating to vocational education and occupational
information data systems, of which not less than--
[(A) 22 percent of the total amount
appropriated pursuant to the authority of
section 3(e) shall be available to carry out
section 422, relating to the National
Occupational Information Coordinating
Committee;
[(B) 8 percent shall be available to carry
out the provisions of section 421, relating to
data systems; and
[(C) 10 percent shall be available to carry
out the provisions of section 402(c), relating
to the National Network for Curriculum
Coordination.
[(b) Hold Harmless.--Notwithstanding the provisions of
subsection (a), the amounts available to carry out the
activities described in subsection (a)(1) and in subsections
(a)(3)(A) and (a)(3)(C) shall be at least equal to the amounts
made available for such activities in the fiscal year 1990.
[TITLE V--GENERAL PROVISIONS
[Part A--Federal Administrative Provisions
[Payments
[Sec. 501. (a) The Secretary shall pay from its allotment
under section 101 to each State for any fiscal year for which
the State has a State plan approved in accordance with section
114 (including any amendment to such plan) the Federal share of
the costs of carrying out the State plan.
[(b) The Secretary shall pay to each State council of a State
which has a State plan approved in accordance with section 114,
from its allotment under section 112(f), an amount equal to the
reasonable amounts expended by the State council in carrying
out its functions under this Act in such fiscal year.
[maintenance of effort
[Sec. 502. (a) No payments shall be made under this Act for
any fiscal year to a State unless the Secretary determines that
the fiscal effort per student or the aggregate expenditures of
such State for vocational education for the fiscal year
preceding the fiscal year for which the determination is made,
equaled or exceeded such effort or expenditures for vocational
education for the second preceding fiscal year.
[(b) The Secretary may waive the requirements of this section
(with respect to not more than 5 percent of expenditures by any
State educational agency) for one fiscal year only, upon making
a determination that such waiver would be equitable due to
exceptional or uncontrollable circumstances affecting the
ability of the applicant 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
required under this section for years subsequent to the year
covered by such waiver; such fiscal effort shall be computed on
the basis of the level of funding which would, but for such
waiver, have been required.
[Authority to Make Payments
[Sec. 503. 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 appropriation
Acts.
[SEC. 504. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
[(a) In General.--(1) The Secretary shall convene regional
meetings to obtain public involvement in the development of
proposed regulations under the Carl D. Perkins Vocational and
Applied Technology Education Act Amendments of 1990. Such
meetings shall include individuals and representatives of
groups involved in vocational education programs under this
Act, such as Federal, State, tribal and local administrators,
parents, teachers, members of local boards of education and
special populations.
[(2) During each meeting described in paragraph (1), the
Secretary shall provide for a comprehensive discussion and
exchange of information on at least 4 key issues, selected by
the Secretary, concerning implementation of the Carl D. Perkins
Vocational and Applied Technology Education Act Amendments of
1990. The Secretary shall take into account information
received at such meetings in the development of proposed
regulations, and shall publish a summary of such information in
the Federal Register together with such proposed regulations.
[(b) Draft Regulations.--After holding regional meetings and
before publishing proposed regulations in the Federal Register,
the Secretary shall prepare draft regulations under this Act
and submit regulations on at least 2 key issues to a negotiated
rulemaking process. The Secretary shall follow the guidance
provided in the Administrative Conference of the United States
in Recommendation 82-4 and 85-5, ``Procedures for Negotiating
Proposed Regulations'' (1 C.F.R. 305.82-4 and 85-5) and any
successor recommendation, regulation, or law. Participants in
the negotiation process shall be chosen by the Secretary from
among participants in the regional meetings, representing the
groups described in subsection (a)(1) and all geographic
regions. At least 10 participants, 1 from each of the regions
served by a regional office established pursuant to section 416
of the Department of Education Organization Act, representing
the groups described in subsection (a)(1), shall be chosen
under the preceding sentence. The negotiation process shall be
conducted in a timely manner in order that final regulations
may be issued by the Secretary within the 360-day period
required by section 437(e) of the General Education Provisions
Act.
[(c) Special Rule.--If a regulation must be issued within a
very limited time period to assist States and eligible
recipients with the operation of a program under this Act, the
Secretary may issue a regulation without fulfilling the
requirements of subsections (a) and (b), but shall immediately
convene regional meetings to review the regulation before such
regulation is issued in final form.
[(d) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall not apply to activities
carried out under this section.
[(e) Reservation of Amounts.--For the fiscal year 1991, the
Secretary may reserve for purposes of carrying out subsection
(b) not more than $300,000 from amounts made available under
section 3(e).
[SEC. 505. REQUIREMENTS RELATING TO REPORTS, PLANS, AND REGULATIONS.
[The General Accounting Office shall, upon the request of any
Member of the Congress--
[(1) investigate the circumstances of any failure by
the Secretary to submit any report or research finding
or issue any regulation required by this Act by the
time specified in the provision of this Act requiring
the submission of such report or research finding or
issuance of such regulation; and
[(2) submit to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate a report
containing the results of any investigation conducted
pursuant to paragraph (1), including an identification
of the cause of delay and of the office or offices of
the Department of Education or of the Office of
Management and Budget responsible for the delay.
[SEC. 506. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
[Nothing in this Act shall be construed to be inconsistent
with appropriate Federal laws guaranteeing civil rights.
[SEC. 507. 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 the same 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 the same 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.
[SEC. 508. FEDERAL MONITORING.
[The Secretary shall make every effort to provide adequate
monitoring of compliance by recipients of assistance under this
Act with the provisions of this Act. Such monitoring activities
shall be developed by the Secretary in consultation with
parents, students, and advocacy organizations, and shall--
[(1) consider items such as whether the provisions of
the State plan are being fully implemented;
[(2) consider items such as whether the State board's
monitoring of local recipients of assistance under this
Act is adequate to assure full compliance with the
provisions of this Act by such recipients;
[(3) consider items such as whether the State-level
coordinators for individuals who are members of special
populations are able to review the local plans for
serving such individuals;
[(4) consider items such as whether the other State
responsibilities under this Act are being implemented;
and
[(5) provide for input from students, parents,
teachers, and special populations in the States.
[PART B--STATE ADMINISTRATIVE PROVISIONS
[SEC. 511. JOINT FUNDING.
[(a) General Authority.--Funds made available to States 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 would be used to supplement, and not
supplant, funds provided from non-Federal sources.
[(b) Applicable Programs.--For the purposes of this section,
the term ``applicable program'' means any program under any of
the following provisions of law:
[(1) Section 123, title II, and title III of the Job
Training Partnership Act.
[(2) The Wagner-Peyser Act.
[(c) Issuance of Regulations.--Notwithstanding the provisions
of section 504, the Secretary shall develop regulations to be
issued under this section in consultation with the Secretary of
Labor.
[(d) Use of Funds as Matching Funds.--For the purposes of
this section, the term ``additional funds'' includes the use of
funds as matching funds.
[SEC. 512. REVIEW OF REGULATIONS.
[(a) Establishment of Review Committee.--Except as provided
in subsection (b), before any State publishes any proposed or
final State rule or regulation pursuant to this Act, the State
shall establish and convene a State Committee of Practitioners
(in this section referred to as the ``Committee'') for the
purpose of reviewing such rule or regulation. The Committee
shall be selected from nominees solicited from State
organizations representing school administrators, teachers,
parents, members of local boards of education, and appropriate
representatives of institutions of higher education. The
Committee shall consist of--
[(1) representatives of local educational agencies,
who shall constitute a majority of the members of the
Committee;
[(2) school administrators;
[(3) teachers;
[(4) parents;
[(5) members of local boards of education;
[(6) representatives of institutions of higher
education; and
[(7) students.
[(b) Limited Exception.--In an emergency, where a regulation
must be issued within a very limited time period to assist
eligible recipients with the operation of a program, the State
may issue a regulation without fulfilling the requirements of
subsection (a), but shall immediately convene the Committee to
review the regulation before it is issued in final form.
[SEC. 513. IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS.
[Any State rule or policy imposed on the administration or
operation of programs funded by this Act, including any rule or
policy based on State interpretation of any Federal law,
regulation, or guideline, shall be identified as a State
imposed requirement.
[SEC. 514. 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 1 State to
another State if such relocation would 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. 515. STATE ADMINISTRATIVE COSTS.
[For each fiscal year for which a State receives assistance
under this Act, the State shall provide from non-Federal
sources for costs the State incurs for administration of
programs under this Act an amount that is not less than the
amount provided by the State from non-Federal sources for such
costs for the preceding fiscal year.
[SEC. 516. ADDITIONAL ADMINISTRATIVE PROVISIONS.
[(a) In General.--(1)(A) Funds made available under title II
shall be used to supplement, and to the extent practicable
increase the amount of State and local funds that would in the
absence of such Federal funds be made available for the uses
specified in the application, and in no case supplant such
State or local funds.
[(B) Notwithstanding subparagraph (A), funds made available
under title II may be used to pay for the costs of vocational
education services required in an individualized education plan
developed pursuant to sections 612(4) and 614(a)(5) of the
Individuals with Disabilities Education Act, in a manner
consistent with section 614(a)(1) of such Act, and services
necessary to meet the requirements of section 504 of the
Rehabilitation Act of 1973 with respect to ensuring equal
access to vocational education.
[(2) No State shall take into consideration payments under
this Act in determining, for any educational agency or
institution in that State, the eligibility for State aid, or
the amount of State aid, with respect to public education
within the State.
[(b) Limitation.--Any project assisted with funds made
available under title II shall be of sufficient size, scope,
and quality to give reasonable promise of meeting the
vocational education needs of the students involved in the
project.
[(c) Permissible Services and Activities.--(1) Vocational
education services and activities authorized in title II may
include work-site programs such as cooperative vocational
education, programs with community-based organizations, work-
study, and apprenticeship programs.
[(2) Vocational education services and activities described
in title II may include placement services for students who
have successfully completed vocational education programs.
[(3) Vocational education services and activities described
in title II may include programs which involve students in
addressing the needs of the community in the production of
goods or services which contribute to the community's welfare
or which involve the students with other community development
planning, institutions, and enterprises.
[(d) Academic Credit.--Each State board receiving financial
assistance under title II may consider granting academic credit
for vocational education courses which integrate core academic
competencies.
[Part C--Definitions
[SEC. 521. DEFINITIONS.
[As used in this Act:
[(1) The term ``administration'' means activities of
a State necessary for the proper and efficient
performance of its duties under this Act, including
supervision, but does not include curriculum
development activities, personnel development, or
research activities.
[(2) The term ``all aspects of the industry'' means
strong experience in, and understanding of, all aspects
of the industry the students are preparing to enter,
including planning, management, finances, technical and
production skills, underlying principles of technology,
labor issues, and health and safety.
[(3) The term ``apprenticeship training program''
means a program registered with the Department of Labor
or the State apprenticeship agency in accordance with
the Act of August 16,1937, commonly known as the
National Apprenticeship Act, which is conducted or sponsored by an
employer, a group of employers, or a joint apprenticeship committee
representing both employers and a union, and which contains all terms
and conditions for the qualification, recruitment, selection,
employment, and training of apprentices.
[(4) The term ``area vocational education school''
means--
[(A) a specialized high school used
exclusively or principally for the provision of
vocational education to individuals who are
available for study in preparation for entering
the labor market;
[(B) the department of a high school
exclusively or principally used for providing
vocational education in not less than 5
different occupational fields to individuals
who are available for study in preparation for
entering the labor market;
[(C) a technical institute or vocational
school used exclusively or principally for the
provision of vocational education to
individuals who have completed or left high
school and who are available for study in
preparation for entering the labor market; or
[(D) the department or division of a junior
college, community college or university
operating under the policies of the State board
and which provides vocational education in not
less than 5 different occupational fields
leading to immediate employment but not
necessarily leading to a baccalaureate degree,
if, in the case of a school, department, or
division described in subparagraph (C) or this
subparagraph, it admits as regular students
both individuals who have completed high school
and individuals who have left high school.
[(5) The term ``career guidance and counseling''
means programs--
[(A) which pertain to the body of subject
matter and related techniques and methods
organized for the development in individuals of
career awareness, career planning, career
decisionmaking, placement skills, and knowledge
and understanding of local, State, and national
occupational, educational, and labor market
needs, trends, and opportunities; and
[(B) which assist such individuals in making
and implementing informed educational and
occupational choices.
[(6) The term ``community-based organization'' means
any such organization of demonstrated effectiveness
described in section 4(5) of the Job Training
Partnership Act.
[(7) The term ``construction'' includes construction
of new buildings and acquisition, and expansion,
remodeling, and alternation of existing buildings, and
includes site grading and improvement and architect
fees.
[(8) The term ``cooperative education'' means a
method of instruction of vocational education for
individuals who, through written cooperative
arrangements between the school and employers, receive
instruction, including required academic courses and
related vocational instruction by alternation of study
in school with a job in any occupational field. Such
alternation shall be planned and supervised by the
school and employers so that each contributes to the
student's education and to his or her employability.
Work periods and school attendance may be on alternate
half days, full days, weeks, or other periods of time
in fulfilling the cooperative program.
[(9) The term ``criminal offender'' means any
individual who is charged with or convicted of any
criminal offense, including a youth offender or a
juvenile offender.
[(10) The term ``correctional institution'' means
any--
[(A) prison,
[(B) jail,
[(C) reformatory,
[(D) work farm,
[(E) detention center, or
[(F) halfway house, community-based
rehabilitation center, or any other similar
institution designed for the confinement or
rehabilitation of criminal offenders.
[(11) The term ``Council'' means the National Council
on Vocational Education.
[(12) The term ``curriculum materials'' means
instructional and related or supportive material,
including materials using advanced learning technology,
in any occupational field which is designed to
strengthen the academic foundation and prepare
individuals for employment at the entry level or to
upgrade occupational competencies of those previously
or presently employed in any occupational field, and
appropriate counseling and guidance material.
[(13) The term ``disadvantaged'' means individuals
(other than individuals with handicaps) who have
economic or academic disadvantages and who require
special services and assistance in order to enable such
individuals to succeed in vocational education
programs. Such term includes individuals who are
members of economically disadvantaged families,
migrants, individuals of limited English proficiency
and individuals who are dropouts from, or who are
identified as potential dropouts from, secondary
school.
[(14) The term ``displaced homemaker'' means an
individual who--
[(A) is an adult; and
[(B)(i) has worked as an adult primarily
without remuneration to care for the home and
family, and for that reason has diminished
marketable skills;
[(ii) has been dependent on public assistance
or on the income of a relative but is no longer
supported by such income;
[(iii) is a parent whose youngest dependent
child will become ineligible to receive
assistance under the State program funded under
part A of title IV of the Social Security Act
within 2 years of the parent's application for
assistance under this Act; or
[(iv) is unemployed or underemployed and is
experiencing difficulty in obtaining any
employment or suitable employment, as
appropriate, or
[(C) is described in subparagraph (A) or (B)
and is a criminal offender.
The Secretary may not prescribe the manner in which the
States will comply with the application of the
definition contained in this paragraph.
[(15) The term ``economically disadvantaged family or
individual'' means such families or individuals who are
determined by the Secretary to be low-income according
to the latest available data from the Department of
Commerce.
[(16) Except as otherwise provided, the term
``eligible recipient'' means a local educational
agency, an area vocational education school, an
intermediate educational agency, a postsecondary
educational institution, a State corrections
educational agency, or an eligible institution (as such
term is defined in section 232(d)(1)).
[(17) The term ``general occupational skills'' means
experience in and understanding of all aspects of the
industry the student is preparing to enter, including
planning, management, finances, technical and
production skills, underlying principles of technology,
labor and community issues, and health, safety, and
environmental issues.
[(18) The term ``high technology'' means state-of-
the-art computer, microelectronic, hydraulic,
pneumatic, laser, nuclear, chemical, telecommunication,
and other technologies being used to enhance
productivity in manufacturing, communication,
transportation, agriculture, mining, energy,
commercial, and similar economic activity, and to
improve the provision of health care.
[(19) The term ``individual with handicaps'' means
any individual who is an individual with any disability
(as defined in section 3(2) of the Americans With
Disabilities Act of 1990).
[(20) The term ``intermediate educational agency''
means a combination of school districts or counties (as
defined in section 14101 of the Elementary and
Secondary Education Act of 1965) as are recognized in a
State as an administrative agency for such State's
vocational or technical education schools or for
vocational programs within its public elementary or
secondary schools. Such term includes any other public
institution or agency having administrative control and
direction over a public elementary or secondary school.
[(21) The term ``limited English proficiency'' has
the meaning given such term in section 7004(a) of the
Elementary and Secondary Education Act of 1965.
[(22) The term ``local educational agency'' means a
board of education or other legally constituted local
school authority having administrative control and
direction of public elementary or secondary schools in
a city, county, township, school district, or political
subdivision in a State, or any other public educational
institution or agency having administrative control and
direction of a vocational education program. For the
purposes of sections 114, 115, 116, 117, and 240, such
term shall include a State corrections educational
agency.
[(23) The term ``postsecondary educational
institution'' means an institution legally authorized
to provide postsecondary education within a State, a
Bureau of Indian Affairs controlled postsecondary
institution, or any postsecondary educational
institution operated by or on behalf of any Indian
tribe which is eligible to contract with the Secretary
of the Interior for the administration of programs
under the Indian Self-Determination Act or under the
Act of April 16, 1934.
[(24) The term ``preparatory services'' means
services, programs, or activities designed to assist
individuals who are not enrolled in vocational
education programs in the selection of, or preparation
for participation in, an appropriate vocational
education or training program, such as--
[(A) services, programs, or activities
related to outreach to or recruitment of
potential vocational education students;
[(B) career counseling and personal
counseling;
[(C) vocational assessment and testing; and
[(D) other appropriate services, programs, or
activities.
[(25) The term ``private vocational training
institution'' means a business or trade school, or
technical institution or other technical or vocational
school, in any State, which--
[(A) admits as regular students only persons
who have completed or left elementary or
secondary school and who have the ability to
benefit from the training offered by such
institution;
[(B) is legally authorized to provide, and
provides within that State, a program of
postsecondary vocational or technical education
designed to fit individuals for useful
employment in recognized occupations;
[(C) has been in existence for 2 years or has
been specially accredited by the Secretary as
an institution meeting the other requirements
of this subsection; and
[(D) is accredited--
[(i) by a nationally recognized
accrediting agency or association
listed by the Secretary pursuant to
this clause;
[(ii) if the Secretary determines
that there is no nationally recognized
accrediting agency or association
qualified to accredit schools of a
particular category, by a State agency
listed by the Secretary pursuant to
this clause; or
[(iii) if the Secretary determines
that there is no nationally recognized
or State agency or association
qualified to accredit schools of a
particular category, by an advisory
committee appointed by the Secretary
and composed of persons specially
qualified to evaluate training provided
by schools of that category, which
committee shall prescribe the standards
of content, scope, and quality which
must be met by those schools and shall
also determine whether particular
schools meet those standards.
For the purpose of this paragraph, the Secretary shall
publish a list of nationally recognized accrediting
agencies or associations and State agencies which the
Secretary determines to bereliable authority as to the
quality of education or training afforded.
[(26) The term ``school facilities'' means classrooms
and related facilities (including initial equipment)
and interests in lands on which such facilities are
constructed. Such term shall not include any facility
intended primarily for events for which admission is to
be charged to the general public.
[(27) The term ``Secretary'' means the Secretary of
Education.
[(28) The term ``small business'' means for-profit
enterprises employing 500 or fewer employees.
[(29) The term ``sequential course of study'' means
an integrated series of courses which are directly
related to the educational and occupational skills
preparation of individuals for jobs, or preparation for
postsecondary education.
[(30) The term ``single parent'' means an individual
who--
[(A) is unmarried or legally separated from a
spouse; and
[(B)(i) has a minor child or children for
which the parent has either custody or joint
custody; or
[(ii) is pregnant.
[(31) The term ``special populations'' includes
individuals with handicaps, educationally and
economically disadvantaged individuals (including
foster children), individuals of limited English
proficiency, individuals who participate in programs
designed to eliminate sex bias, and individuals in
correctional institutions.
[(32) The term ``specific job training'' means
training and education for skills required by the
employer that provides the individual student with the
ability to obtain employment and to adapt to the
changing demands of the workplace.
[(33) The term ``State'' includes, in addition to the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and Palau
(until the Compact of Free Association with Palau takes
effect pursuant to section 101(a) of Public Law 99-
658).
[(34) The term ``State board'' means a State board
designated or created by State law as the sole State
agency responsible for the administration of vocational
education, or for supervision of the administration of
vocational education in the State.
[(35) The term ``State corrections educational
agency'' means the State agency or agencies responsible
for carrying out corrections education programs in the
State.
[(36) The term ``State council'' means the State
council on vocational education established in
accordance with section 112.
[(37) The term ``State educational agency'' means the
State board of education or other agency or officer
primarily responsible for the State supervision of
public elementary or secondary schools, or, if there is
no such officer or agency, an officer or agency
designated by the Governor or by State law.
[(38) The term ``supplementary services'' means
curriculum modification, equipment modification,
classroom modification, supportive personnel, and
instructional aids and devices.
[(39) The term ``technology education'' means an
applied discipline designed to promote technological
literacy which provides knowledge and understanding of
the impacts of technology including its organizations,
techniques, tools and skills to solve practical
problems and extend human capabilities in areas such as
construction, manufacturing, communication,
transportation, power and energy.
[(40) The term ``tribally controlled community
college'' means an institution which receives
assistance under the Tribally Controlled Community
College Assistance Act of 1976 or the Navajo Community
College Act.
[(41) The term ``vocational education'' means
organized educational programs offering a sequence of
courses which are directly related to the preparation
of individuals in paid or unpaid employment in current
or emerging occupations requiring other than a
baccalaureate or advanced degree. Such programs shall
include competency-based applied learning which
contributes to an individual's academic knowledge,
higher-order reasoning, and problem-solving skills,
work attitudes, general employability skills, and the
occupational-specific skills necessary for economic
independence as a productive and contributing member of
society. Such term also includes applied technology
education.
[(42) The term ``vocational student organizations''
means those organizations for individuals enrolled in
vocational education programs which engage in
activities as an integral part of the instructional
program. Such organizations may have State and national
units which aggregate the work and purposes of
instruction in vocational education at the local
level.]
TITLE IV--GENERAL PROVISIONS
PART A--FEDERAL ADMINISTRATIVE PROVISIONS
SEC. 401. PAYMENTS.
The Secretary shall pay from its allotment under section 101
to each State for any fiscal year for which the State has a
State application submitted in accordance with section 113
(including any amendment to such application) the Federal share
of the costs of carrying out the State application.
SEC. 402. FISCAL REQUIREMENTS.
(a) Supplement Not Supplant.--Funds received under this Act
shall be used to supplement, not supplant, the amount of funds
that would, in the absence of such Federal funds, be made
available from non-Federal sources for vocational-technical
education programs.
(b) Maintenance of Effort.--
(1) Determination.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), no payments shall be
made under this title for any program year to a
State for vocational-technical education
programs unless the Secretary of Education
determines that the fiscal effort per student
or the aggregate expenditures of such State for
vocational-technical programs for the fiscal
year preceding the fiscal year for which the
determination is made, equaled or exceeded such
effort or expenditures for vocational-technical
education programs, for the second program 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 of Education
shall exclude capital expenditures, special
one-time project costs, similar windfalls, and
the cost of pilot programs.
(C) Decrease in federal support.--If the
amount made available for vocational-technical
education programs under this Act for a fiscal
year is less than the amount made available for
vocational-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 (B) for such 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 paragraph (1) (with respect to not more than 5
percent of expenditures required for the preceding
fiscal year by any State) for 1 program year only,
after making a determination that such waiver would be
equitable due to exceptional or uncontrollable
circumstances affecting the ability of the State 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 paragraph 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. 403. 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 appropriation Acts.
SEC. 404. NATIONAL AND STATE FUNDING.
Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
any private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law. This section shall not be construed to bar private,
religious, or home schools from participation in programs or
services under the Act.
SEC. 405. FREEDOM TO CHOOSE.
None of the funds made available under this Act shall be used
to--
(1) require any individual to choose or pursue a
specific career path or major;
(2) compel any individual to enter into a specific
course of study which requires as a condition or
completion, attainment of federally-funded or endorsed
industry recognized skills or standards; or
(3) require any individuals to meet or obtain
federally-funded or endorsed industry recognized
skills, certificates, or standards.
SEC. 406. LIMITATION FOR CERTAIN STUDENTS.
None of the funds received under this Act may be used to
provide vocational-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. 407. FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.
Nothing in this Act shall be construed to be inconsistent
with applicable Federal laws guaranteeing civil rights.
SEC. 408. AUTHORIZATION OF SECRETARY.
For the purposes of increasing and expanding the use of
technology in vocational-technical education instruction,
including the training of vocational-technical education
personnel as provided in title II, the Secretary is authorized
to receive funds collected by the Federal Government from fees
for the use of property, rights-of-way, and easements under the
control of Federal departments and agencies for the placement
of telecommunications services that are dependent, in whole or
in part, upon the utilization of general spectrum rights for
the transmission or reception of such services.
PART B--STATE ADMINISTRATIVE PROVISIONS
SEC. 411. JOINT FUNDING.
(a) General Authority.--Funds made available to States 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 would be 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) Section 123, title II, and title III of the Job
Training Partnership Act.
(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 the use
of funds as matching funds.
SEC. 412. 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 would 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. 413. STATE ADMINISTRATIVE COSTS.
For each fiscal year for which a State receives assistance
under this Act, the State shall provide from non-Federal
sources for costs the State incurs for administration of
programs under this Act an amount that is not less than the
amount provided by the State from non-Federal sources for such
costs for the preceding fiscal year.
SEC. 414. 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.
SEC. 415. 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 the same 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 the same 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 Vocational-Technical Education Services.--Funds
made available under title II may be used to pay for the costs
of vocational-technical education services required in an
individualized education plan 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 vocational-technical education.
PART C--DEFINITIONS
SEC. 421. DEFINITIONS.
Except as otherwise specified in this Act, as used in this
Act:
(1) Administration.--The term ``administration''
means programs of a State necessary for the proper and
efficient performance of its duties under this Act,
including supervision, but does not include curriculum
development programs, personnel development, or
research programs.
(2) All aspects of the industry.--The term ``all
aspects of the industry'' means strong experience in,
and comprehensive understanding of, the industry that
individuals are preparing to enter.
(3) Area vocational-technical education school.--The
term ``area vocational-technical education school''
means--
(A) a specialized secondary school used
exclusively or principally for the provision of
vocational-technical education to individuals
who are available for study in preparation for
entering the labor market;
(B) the department of a secondary school
exclusively or principally used for providing
vocational-technical education in not fewer
than five different occupational fields to
individuals who are available for study in
preparation for entering the labor market;
(C) a technical institute or vocational-
technical education school used exclusively or
principally for the provision of vocational-
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 institute or school
admits as regular students both individuals who
have completed secondary school and individuals
who have left secondary school; or
(D) the department or division of a junior
college, or community college, that operates
under the policies of the State board and that
provides vocational-technical education in not
fewer than five 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) Cooperative education.--The term ``cooperative
education'' means a method of instruction of education
for individuals who, through written cooperative
arrangements between a school and employers, receive
instruction, including required academic courses and
related instruction, by alternation of study in school
with a job in any occupational field, which alternation
shall be planned and supervised by the school and
employer so that each contributes to the education and
employability of the individual, and 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.
(5) Displaced homemaker.--The term ``displaced
homemaker'' means an individual who--
(A) has worked primarily without remuneration
to care for a home and family, and for that
reason has diminished marketable skills; or
(B) is a parent whose youngest dependent
child will become ineligible to receive
assistance under title I of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 not later than 2
years after the date of which the parent
applies for assistance under this title.
(6) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop and manage a service or program and provide the
service or program to a local educational agency.
(7) Eligible recipient.--The term ``eligible
recipient'' means a local educational agency, an area
vocational-technical education school, an educational
service agency, an institution of higher education (as
such term is defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))), and a
consortium of such entities.
(8) Local educational agency.--The term ``local
educational agency'' has the meaning given such term in
section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801).
(9) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(10) Representatives of employees.--The term
``representatives of employees'' means--
(A) individuals who have been elected by
organizations, associations, or a network of
similar institutions to represent the economic
interests of employees at a significant segment
of workplaces; or
(B) individuals from organizations,
associations, or a network of similar
institutions, with expertise to represent, or
experience representing, the interests of
employees with respect to vocational-technical
education.
(11) Secondary school.--The term ``secondary school''
has the meaning given the term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(12) Special populations.--The term ``special
populations'' means individuals with disabilities,
economically disadvantaged individuals, individuals of
limited English proficiency, and individuals
participating in nontraditional training and
employment.
(13) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(14) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(15) Tech-prep program.--The term ``tech-prep
program'' means a program of study that--
(A) combines at least 2 years of secondary
education (as determined under State law) and 2
years of postsecondary education in a
nonduplicative sequential course of study;
(B) strengthens the applied academic
component of vocational-technical education
through the integration of academic and
vocational-technical instruction;
(C) provides technical preparation in an area
such as engineering technology, applied
science, a mechanical, industrial, or practical
art or trade, agriculture, a health occupation,
business, or applied economics;
(D) builds student competence in mathematics,
science, and communications through applied
academics in a coherent sequence of courses;
and
(E) leads to an associate degree or a
certificate in a specific career field and to
high skill, high wage employment or further
education.
(16) Vocational-technical education.--The term
``vocational-technical education'' means organized
educational programs that--
(A) offer a sequence of courses that provide
individuals with the academic knowledge and
skills the individuals need to prepare for
further education and careers in current or
emerging employment sectors; 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, and occupation-specific skills, of an
individual.
(17) Vocational student organization.--The term
``vocational student organization'' means an
organization, for individuals enrolled in programs of
vocational-technical education programs, that engages
in programs as an integral part of the instructional
component of such programs, which organization may have
State and national units.
----------
ACT OF FEBRUARY 23, 1917
(Commonly known as the ``Smith-Hughes Vocational Education Act'')
CHAP. 114.--An Act To provide for the promotion of vocational
education; to provide for cooperation with the States in the promotion
of such education in agriculture and the trades and industries; to
provide for cooperation with the States in the preparation of teachers
of vocational subjects; and to appropriate money and regulate its
expenditure.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That there
is hereby annually appropriated, out of any money in the
Treasury not otherwise appropriated, the sums provided in
sections two, three and four of this Act, to be paid to the
respective States for the purpose of cooperating with the
States in paying the salaries of teachers, supervisors, and
directors of agricultural subjects, and teachers of trade, home
economics, and industrial subjects, and in the preparation of
teachers of agricultural, trade, industrial, and home economics
subjects; and the sum provided for in section seven for the use
of the Federal Board for Vocational Education for the
administration of this Act and for the purpose of making
studies, investigations, and reports to aid in the organization
and conduct of vocational education, which sums shall be
expended, as hereinafter provided.
[Sec. 2. That for the purpose of cooperating with the States
in paying the salaries of teachers, supervisors, or directors
of agricultural subjects there is hereby appropriated for the
use of the States, subject to the provisions of this Act, for
the fiscal year ending June thirtieth, nineteen hundred and
eighteen, the sum of $500,000; for the fiscal year ending June
thirtieth, nineteen hundred and nineteen, the sum of $750,000;
for the fiscal year ending June thirtieth, nineteen hundred and
twenty, the sum of $1,000,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-one, the sum of
$1,250,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-two, the sum of $1,500,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-three,
the sum of $1,750,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-four, the sum of
$2,000,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-five, the sum of $2,500,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-six,
and annually thereafter, the sum of $3,000,000. Said sums shall
be allotted to the States in the proportion which their rural
population bears to the total rural population in the United
States, not including outlying possessions, according to the
last preceding United States census: Provided, That the
allotment of funds to any State shall be not less than a
minimum of $5,000 for any fiscal year prior to and including
the fiscal year ending June thirtieth, nineteen hundred and
twenty-three, nor less than $10,000 for any fiscal year
thereafter, and there is hereby appropriated the following
sums, or so much thereof as may be necessary, which shall be
used for the purpose of providing the minimum allotment to the
States provided for in this section: For the fiscal year ending
June thirtieth, nineteen hundred and eighteen, the sum of
$48,000; for the fiscal year ending June thirtieth, nineteen
hundred and nineteen, the sum of $34,000; for the fiscal year
ending June thirtieth, nineteen hundred and twenty, the sum of
$24,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-one, the sum of $18,000; for the fiscal year
ending June thirtieth, nineteen hundred and twenty-two, the sum
of $14,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-three, the sum of $11,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-four,
the sum of $9,000; for the fiscal year ending June thirtieth,
nineteen hundred and twenty-five, the sum of $34,000; and
annually thereafter the sum of $28,000.
[Sec. 3. That for the purpose of cooperating with the States
in paying the salaries of teachers of trade, home economics,
and industrial subjects there is hereby appropriated for the
use of the States, for the fiscal year ending June thirtieth,
nineteen hundred and eighteen, the sum of $500,000; for the
fiscal year ending June thirtieth, nineteen hundred and
nineteen, the sum of $750,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty, the sum of $1,000,000;
for the fiscal year ending June thirtieth, nineteen hundred and
twenty-one, the sum of $1,250,000; for the fiscal year ending
June thirtieth, nineteen hundred and twenty-two, the sum of
$1,500,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-three, the sum of $1,750,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-four,
the sum of $2,000,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-five, the sum of
$2,500,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-six, the sum of $3,000,000; and annually
thereafter the sum of $3,000,000. Said sums shall be allotted
to the States in the proportion which their urban population
bears to the total urban population in the United States, not
including outlying possessions, according to the last preceding
United States census: Provided, That the allotment of funds to
any State shall be not less than a minimum of $5,000 for any
fiscal year prior to and including the fiscal year ending June
thirtieth, nineteen hundred and twenty-three, nor less than
$10,000 for any fiscal year thereafter, and there is hereby
appropriated the following sums, or so much thereof as may be
needed, which shall be used for the purpose of providing the
minimum allotment to the States provided for in this section:
For the fiscal year ending June thirtieth, nineteen hundred and
eighteen, the sum of $66,000; for the fiscal year ending June
thirtieth, nineteen hundred and nineteen, the sum of $46,000;
for the fiscal year ending June thirtieth, nineteen hundred and
twenty, the sum of $34,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-one, the sum of $28,000;
for the fiscal year ending June thirtieth, nineteen hundred and
twenty-two, the sum of $25,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty-three, the sum of
$22,000; for the fiscal year ending June thirtieth, nineteen
hundred and twenty-four, the sum of $19,000; for the fiscal
year ending June thirtieth, nineteen hundred and twenty-five,
the sum of $56,000; for the fiscal year ending June thirtieth,
nineteen hundred and twenty-six, and annually thereafter, the
sum of $50,000.
[That not more than twenty per centum of the money
appropriated under this Act for the payment of salaries of
teachers of trade, home economics, and industrial subjects, for
any year, shall be expended for the salaries of teachers of
home economics subjects.
[Sec. 4. That for the purpose of cooperating with the States
in preparing teachers, supervisors, and directors of
agricultural subjects and teachers of trade and industrial and
home economics subjects there is hereby appropriated for the
use of the States for the fiscal year ending June thirtieth,
nineteen hundred and eighteen, the sum of $500,000; for the
fiscal year ending June thirtieth, nineteen hundred and
nineteen, the sum of $700,000; for the fiscal year ending June
thirtieth, nineteen hundred and twenty, the sum of $900,000;
for the fiscal year ending June thirtieth, nineteen hundred and
twenty-one, and annually thereafter, the sum of $1,000,000.
Said sums shall be allotted to the States in the proportion
which their population bears to the total population of the
United States, not including outlying possessions, according to
the last preceding United States census: Provided, That the
allotment of funds to any State shall be not less than a
minimum of $5,000 for any fiscal year prior to and including
the fiscal year ending June thirtieth, nineteen hundred and
nineteen, nor less than $10,000 for any fiscal year thereafter.
And there is hereby appropriated the following sums, or so much
thereof as may be needed, which shall be used for the purpose
of providing the minimum allotmentprovided for in this section:
For the fiscal year ending June thirtieth, nineteen hundred and
eighteen, the sum of $46,000; for the fiscal year ending the June
thirtieth, nineteen hundred and nineteen, the sum of $32,000; for the
fiscal year ending June thirtieth, nineteen hundred and twenty, the sum
of $24,000; for the fiscal year ending June thirtieth, nineteen hundred
and twenty-one, and annually thereafter, the sum of $105,200.
[Sec. 5. That in order to secure the benefits of the
appropriations provided for in sections two, three, and four of
this Act, any State shall, through the legislative authority
thereof, accept the provisions of this Act and designate or
create a State board, consisting of not less than three
members, and having all necessary power to cooperate, as herein
provided, with the Federal Board for Vocational Education in
the administration of the provisions of this Act. The State
board of education, or other board having charge of the
administration of public education in the State, or any State
board having charge of the administration of any kind of
vocational education in the State may, if the State so elect,
be designated as the State board, for the purposes of this Act.
[In any State the legislature of which does not meet in
nineteen hundred and seventeen, if the governor of that State,
so far as he is authorized to do so, shall accept the
provisions of this Act and designate or create a State board of
not less than three members to act in cooperation with the
Federal Board for Vocational Education, the Federal board shall
recognize such local board for the purposes of this Act until
the legislature of such State meets in due course and has been
in session sixty days.
[Any State may accept the benefits of any one or more of the
respective funds herein appropriated, and it may defer the
acceptance of the benefits of any one or more of such funds,
and shall be required to meet only the conditions relative to
the fund or funds the benefits of which it has accepted:
Provided, That after June thirtieth, nineteen hundred and
twenty, no State shall receive any appropriation for salaries
of teachers, supervisors, or directors of agricultural
subjects, until it shall have taken advantage of at least the
minimum amount appropriated for the training of teachers,
supervisors, or directors of agricultural subjects, as provided
for in this Act, and that after said date no State shall
receive any appropriation for the salaries of teachers of
trade, home economics, and industrial subjects until it shall
have taken advantage of at least the minimum amount
appropriated for the training of teachers of trade, home
economics, and industrial subjects, as provided for in this
Act.
[Sec. 6. That a Federal Board for Vocational Education is
hereby created, to consist of the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Labor, the United
States Commissioner of Education, and three citizens of the
United States to be appointed by the President, by and with the
advice and consent of the Senate. One of said three citizens
shall be a representative; of the manufacturing and commercial
interests, one a representative of the agricultural interests,
and one a representative of labor. The board shall elect
annually one of its members as chairman. In the first instance,
one of the citizen members shall be appointed for one year, one
for two years, and one for three years, and thereafter for
three years each. The members of the board other than the
members of the Cabinet and the United States Commissioner of
Education shall receive a salary of $5,000 per annum.
[The board shall have power to cooperate with State boards in
carrying out the provisions of this Act. It shall be the duty
of the Federal Board for Vocational Education to make, or cause
to have made studies, investigations, and reports, with
particular reference to their use in aiding the States in the
establishment of vocational schools and classes and in giving
instruction in agriculture, trades and industries, commerce and
commercial pursuits, and home economics. Such studies,
investigations, and reports shall include agriculture and
agricultural processes and requirements upon agricultural
workers; trades, industries, and apprenticeships, trade and
industrial requirements upon industrial workers, and
classification of industrial processes and pursuits; commerce
and commercial pursuits and requirements upon commercial
workers; home management, domestic science, and the study of
related facts and principles; and problems of administration of
vocational schools and of courses of study and instruction in
vocational subjects.
[When the board deems it advisable such studies,
investigations, and reports concerning agriculture, for the
purposes of agricultural education, may be made in cooperation
with or through the Department of Agriculture; such studies,
investigations, and reports concerning trades and industries,
for the purposes of trade and industrial education, may be made
in cooperation with or through the Department of Labor; such
studies investigations, and reports concerning commerce and
commercial pursuits, for the purposes of commercial education,
may be made in cooperation with or through the Department of
Commerce; such studies, investigations, and reports concerning
the administration of vocational schools, courses of study and
instruction in vocational subjects, may be made in cooperation
with or through the Bureau of Education.
[The Commissioner of Education may make such recommendations
to the board relative to the administration of this Act as he
may from time to time deem advisable. It shall be the duty of
the chairman of the board to carry out the rules, regulations,
and decisions which the board may adopt. The Federal Board for
Vocational Education shall have power to employ such assistants
as may be necessary to carry out the provisions of this Act.
[Sec. 7. That there is hereby appropriated to the Federal
Board for Vocational Education the sum of $200,000 annually, to
be available from and after the passage of this Act, for the
purpose of making or cooperating in making the studies,
investigations, and reports provided for in section six of this
Act, and for the purpose of paying the salaries of the
officers, the assistants, and such office and other expenses as
the board may deem necessary to the execution and
administration of this Act.
[Sec. 8. That in order to secure the benefits of the
appropriation for any purpose specified in this Act, the State
board shall prepare plans, showing the kinds of vocational
education for which it is proposed that the appropriation shall
be used; the kinds of schools and equipment; courses of study;
methods of instruction; qualificationsof teachers; and, in the
case of agricultural subjects the qualifications of supervisors or
directors; plans for the training of teachers; and, in the case of
agricultural subjects, plans for the supervision of agricultural
education, as provided for in section ten. Such plans shall be
submitted by the State board to the Federal Board for Vocational
Education, and if the Federal board finds the same to be in conformity
with the provisions and purposes of this Act, the same shall be
approved. The State board shall make an annual report to the Federal
Board for Vocational Education, on or before September first of each
year, on the work done in the State and the receipts and expenditures
of money under the provisions of this Act.
[Sec. 9. That the appropriation for the salaries of teachers,
supervisors, or directors of agricultural subjects and of
teachers of trade, home economics, and industrial subjects
shall be devoted exclusively to the payment of salaries of such
supervisors, or directors having the minimum qualifications set
up for the State by the State board, with the approval of the
Federal Board for Vocational Education. The cost of instruction
supplementary to the instruction in agricultural and in trade,
home economics, and industrial subjects provided for in this
Act, necessary to build a well-rounded course of training,
shall be borne by the State and local communities, and no part
of the cost thereof shall be borne out of the appropriation
herein made. The moneys expended under the provisions of this
Act, in cooperation with the States, for the salaries of
teachers, supervisors, or directors of agricultural subjects,
or for the salaries of teachers of trade, home economics, and
industrial subjects, shall be conditioned that for each dollar
of Federal money expended for such salaries the State or local
community, or both, shall expend an equal amount for such
salaries; and that appropriations for the training of teachers
of vocational subjects, as herein provided, shall be
conditioned that such money be expended for maintenance of such
training and that for each dollar of Federal money so expended
for maintenance, the State or local community, or both, shall
expend an equal amount for the maintenance of such training.
[Sec. 10. That any State may use the appropriation for
agricultural purposes, or any part thereof allotted to it,
under the provisions of this Act, for the salaries of teachers,
supervisors, or directors of agricultural subjects, either for
the salaries of teachers of such subjects in schools or classes
or for the salaries of supervisors or directors of such
subjects under a plan of supervision for the State to be set up
by the State board, with the approval of the Federal Board for
Vocational Education. That in order to receive the benefits of
such appropriation for the salaries of teachers, supervisors,
or directors of agricultural subjects the State board of any
State shall provide in its plan for agricultural education that
such education shall be that which is under public supervision
or control; that the controlling purpose of such education
shall be to fit for useful employment; that such education
shall be of less than college grade and be designed to meet the
needs of persons over fourteen years of age who have entered
upon or who are preparing to enter upon the work of the farm or
of the farm home; that the State or local community, or both,
shall provide the necessary plant and equipment determined upon
by the State board, with the approval of the Federal Board for
Vocational Education, as the minimum requirement for such
education in schools and classes in the State; that the amount
expended for the maintenance of such education in any school or
class receiving the benefit of such appropriation shall be not
less annually than the amount fixed by the State board, with
the approval of the Federal board as the minimum for such
schools or classes in the State; that such schools shall
provide for directed or supervised practice in agriculture,
either on a farm provided for by the school or other farm, for
at least six months per year; that the teachers, supervisors,
or directors of agricultural subjects shall have at least the
minimum qualifications determined for the State by the State
board, with the approval of the Federal Board for Vocational
Education.
[Sec. 11. That in order to receive the benefits of the
appropriation for the salaries of teachers of trade, home
economics, and industrial subjects the State board of any State
shall provide in its plan for trade, home economics, and
industrial education that such education shall be given in
schools or classes under public supervision or control; that
the controlling purpose of such education shall be to fit for
useful employment; that such education shall be of less than
college grade and shall be designed to meet the needs of
persons over fourteen years of age who are preparing for a
trade or industrial pursuit or who have entered upon the work
of a trade or industrial pursuit; that the State or local
community, or both, shall provide the necessary plant and
equipment determined upon by the State board, with the approval
of the Federal Board for Vocational Education, as the minimum
requirement in such State for education for any given trade or
industrial pursuit; that the total amount expended for the
maintenance of such education in any school or class receiving
the benefit of such appropriation shall be not less annually
than the amount fixed by the State board, with the approval of
the Federal board, as the minimum for such schools or classes
in the State; that such schools or classes giving instruction
to persons who have not entered upon employment shall require
that at least half of the time of such instruction be given to
practical work on a useful or productive basis, such
instruction to extend over not less than nine months per year
and not less than thirty hours per week; that at least one-
third of the sum appropriated to any State for the salaries of
teachers of trade, home economics, and industrial subjects
shall, if expended, be applied to part-time schools or classes
for workers over fourteen years of age who have entered upon
employment, and such subjects in a part-time school or class
may mean any subject given to enlarge the civic or vocational
intelligence of such workers over fourteen and less than
eighteen years of age; that such part-time schools or classes
shall provide for not less than one hundred and forty-four
hours of classroom instruction per year; that evening
industrial schools shall fix the age of sixteen years as a
minimum entrance requirement and shall confine instruction to
that which is supplemental to the daily employment; that the
teachers of any trade or industrial subject in any State shall
have at least the minimum qualifications for teachers of such
subject determined upon for such State by the State board, with
the approval of the Federal Board for Vocational Education:
Provided, That for cities and towns of less than twenty-five
thousand population, according to the lastpreceding United
States census, the State board, with the approval of the Federal Board
for Vocational Education, may modify the conditions as to the length of
course and hours of instruction per week for schools and classes giving
instruction to those who have not entered upon employment, in order to
meet the particular needs of such cities and towns.
[Sec. 12. That in order for any State to receive the benefits
of the appropriation in this Act for the training of teachers,
supervisors, or directors of agricultural subjects, or of
teachers of trade, industrial or home economics subjects, the
State board of such State shall provide in its plan for such
training that the same shall be carried out under the
supervision of the State board; that such training shall be
given in schools or classes under public supervision or
control; that such training shall be given only to persons who
have had adequate vocational experience or contact in the line
of work for which they are preparing themselves as teachers,
supervisors, or directors, or who are acquiring such experience
or contact as a part of their training; and that the State
board, with the approval of the Federal board, shall establish
minimum requirements for such experience or contact for
teachers, supervisors, or directors of agricultural subjects
and for teachers of trade, industrial, and home economics
subjects; that not more than sixty per centum nor less than
twenty per centum of the money appropriated under this Act for
the training of teachers of vocational subjects to any State
for any year shall be expended for any one of the following
purposes: For the preparation of teachers, supervisors, or
directors of agricultural subjects, or the preparation of
teachers of trade and industrial subjects, or the preparation
of teachers of home economics subjects.
[Sec. 13. That in order to secure the benefits of the
appropriations for the salaries of teachers, supervisors, or
directors of agricultural subjects, or for the salaries of
teachers of trade, home economics, and industrial subjects, or
for the training of teachers as herein provided, any State
shall, through the legislative authority thereof, appoint as
custodian for said appropriations its State treasurer, who
shall receive and provide for the proper custody and
disbursements of all money paid to the State from said
appropriations.
[Sec. 14. That the Federal Board for Vocational Education
shall annually ascertain whether the several States are using,
or are prepared to use, the money received by them in
accordance with the provisions of this Act. On or before the
first day of January of each year the Federal Board for
Vocational Education shall certify to the Secretary of the
Treasury each State which has accepted the provisions of this
Act and complied therewith, certifying the amounts which each
State is entitled to receive under the provisions of this Act.
Upon such certification the Secretary of the Treasury shall pay
quarterly to the custodian for vocational education of each
State the moneys to which it is entitled under the provisions
of this Act. The moneys so received by the custodian for
vocational education for any State shall be paid out on the
requisition of the State board as reimbursement for
expenditures already incurred to such schools as are approved
by said State board and are entitled to receive such moneys
under the provisions of this Act.
[Sec. 15. That whenever any portion of the fund annually
allotted to any State has not been expended for the purpose
provided for in this Act, a sum equal to such portion shall be
deducted by the Federal board from the next succeeding annual
allotment from such fund to such State.
[Sec. 16. That the Federal Board for Vocational Education may
withhold the allotment of moneys to any State whenever it shall
be determined that such moneys are not being expended for the
purposes and under the conditions of this Act.
[If any allotment is withheld from any State, the State board
of such State may appeal to the Congress of the United States,
and if the Congress shall not direct such sum to be paid it
shall be covered into the Treasury.
[Sec. 17. That if any portion of the moneys received by the
custodian for vocational education of any State under this Act,
for any given purpose named in this Act, shall, by any action
or contingency, be diminished or lost, it shall be replaced by
such State, and until so replaced no subsequent appropriation
for such education shall be paid to such State. No portion of
any moneys appropriated under this Act for the benefit of the
State shall be applied, directly or indirectly, to the
purchase, erection, preservation, or repair of any building or
buildings or equipment, or for the purchase or rental of lands,
or for the support of any religious or privately owned or
conducted school or college.]
ADDITIONAL VIEWS OF RON PAUL
1. Introduction
Over the past thirty-five years, Congress has constructed a
centralized system of vocational education, wasting millions of
taxpayer dollars on a system that all-too-often serves more as
a ``dumping ground'' for special-needs students than as an
effective means of providing non-college bound students with
the knowledge and skills they need to become productive
citizens.
Congress is considering prolonging the life of large parts
of this system by reauthorizing the Carl Perkins Vocational
Education and Applied Technology Act (H.R. 1853). While 1853
does eliminate several federal programs and state mandates
contained in current law, it further legitimizes the
unconstitutional notion that the federal government has a
legitimate role to play in education.
Furthermore, certain language in H.R. 1853 suggests that
the purpose of education is to train students to serve the
larger needs of ``society,'' as determined by government and
business, not to serve the individual.
II. H.R. 1853 Violates the Tenth Amendment to the Constitution
During the discussion of this bill, the case has been made
that constitutionalists should support H.R. 1853 because it
reduces the number of federal mandates on the states; however
the tenth amendment does not quantify the extent to which the
federal government can interfere in areas such as education.
Instead, the tenth amendment forbids any and all federal
interference in education, no matter how much ``flexibility''
the programs provide the states.
H.R. 1853 represents ``mandate federalism,'' where the
federal government allows states limited flexibility as to the
means of complying with Congress' mandates. Under this bill,
states must submit a vocational education plan to the
Department of Education for approval. States must then
demonstrate yearly compliance with benchmarks that measure a
series of federally-set goals. The Secretary of Education has
the authority to sanction the states for failure to reach those
benchmarks, as if the states were the disobedient children of
the federal government, not entities whose sovereignty must be
constitutionally respected.
Congress has, so far, resisted pressure from the
administration to give the Department of Education explicit
statutory authority to create ``model'' benchmarks, which would
then be adopted by every state. However, certain provisions of
H.R. 1853 may provide the Department of Education with the
opportunity to impose a uniform system of vocational education
on every state in the nation.
Particularly troublesome in this regard is the provision
requiring every state to submit their vocational education plan
to the Secretary for approval. The Secretary may withhold
approval if ``the application is in violation of the provisions
of this Act.'' Ambitious bureaucrats may stretch this language
to mean that the Department can reject a State plan if the
Department does not feel the plan will be effective in meeting
the goals of the bill. For example, a Department of Education
official may feel that a state's plan does not adequately
``prepare vocational-technical education students for
opportunities in postsecondary education or entry into high
skill, high wage jobs,'' because the plan fails to adopt the
specifications favored by the Education Department. The state
plan may thus be rejected unless the state adopts the academic
provisions favored by the administration.
H.R. 1853 further opens the door for the establishment of
national standards for vocational education through provisions
allowing the Secretary to ``develop a single plan for
evaluation and assessment, . . . with regard to the vocational-
technical education'' and provide for ``an independent
evaluation . . . of vocational-technical education programs,''
including examining how states and localities ``have developed,
implemented, or improved State and local vocational-technical
education programs.'' Education bureaucrats could very easily
use the results of the studies to establish de facto model
benchmarks that states would have to follow.
The Department of Education may use to impose national
standards on state vocational education programs by requiring
that states improve the academic component of vocational
education. Integrating academics with vocational education is a
mobile goal, but federal education bureaucrats may use this
requirement to force vocational education programs to adopt
national academic standards, upon pain of having their state
plans denied as ``inconsistent with the provisions of the act''
mandating instead that states integrate academics into their
vocational education programs.
States are also required to distribute their federal funds
according to a predetermined formula that dictates the
percentage of funds states must spend on certain federally-
approved activities without regard for differences between the
states. For example, H.R. 1853 singles out certain populations,
such as displaced homemakers and single parents, and requires
the states to certify to the federal government that their
programs are serving these groups. These provisions stem from
the offensive idea that without orders from the federal
government, states will systematically deny certain segments of
the population access to job training services.
Another federal mandate contained in this so-called
``decentralization plan,'' is one requiring states to spend a
certain percentage on updating the technology used in
vocational education programs. Technological training can be a
useful and necessary part of vocational education, however,
under the Constitution it is not the business of the federal
government to ensure vocational education students receive up-
to-date technological training.
The states and the people are quite capable of ensuring
that vocational education students receive up-to-date
technological training--if the Federal Government stops
usurping their legitimate authority to run vocational education
programs and if the government stops draining taxpayers of the
resources necessary to run those programs.
III. H.R. 1853 Places the Needs of Businesses Above the Needs of
Students
H.R. 1853 provides businesses with taxpayer-provided labor
in the form of vocational education students engaging in
``cooperative education.'' Since businesses benefit by having a
trained workforce, they should not burden the taxpayers with
the costs of training their future employees. Furthermore, the
provision allowing students to spend alternating weeks at work
rather than in the classroom seems inconsistent with the bill's
goals of strengthening the academic component of vocational
education.
Work experience can be valuable for students, especially
when that experience involves an occupation the student may
choose as a future career. However, there is no reason for
taxpayers to subsidize the job training of another.
Furthermore, if it wasn't for federal minimum wage and other
laws that make hiring unexperienced workers cost prohibitive,
many businesses would gladly provide work apprenticeships to
young people out of their own pockets instead of forcing the
costs onto the U.S. Taxpayer.
Today, employers can be assessed huge fines if they allow
their part-time adolescent employees to work, with pay, for 15
minutes beyond the Department of Labor regulations. Yet, those
same businesses can receive free, full-time labor from those
same adolescents as part of a ``cooperative education
program.'' Clearly, common sense has been tossed out the window
and replaced by the arbitrary and conflicting whims of a
Congress attempting to ``do good.''
Further evidence of catering to well-established businesses
can be found within the provision of H.R. 1853 where in
teachers are instructed not to meet the needs and expectations
of students, but rather ``the needs, expectations, and methods
of industry.'' All education, including vocational education,
should explicitly be tailored to the wishes of the parent or
those already funding the costs of education.
IV. H.R. 1853 Is Inconsistent With Parental Rights and Individual
Liberties
H.R. 1853 continues the federal education policy of
dragooning parents into education as``partners'' in the
education process. Parents should control the education process, but
they should never be placed in a subordinate role and made to help
carry out the agenda of government bureaucrats.
Concerns have been raised that vocational education
programs may be used as a means to force all students into a
career track not of their own choosing, and thus change the
American education system into one of preparation for a career
determined for the students by the government. Such a system
more closely resembles something depicted in a George Orwell
novel than the type of education system compatible with a free
society. H.R. 1853 attempts to assuage those fears through a
section forbidding the use of federal funds to force an
individual into a career path that the individual would not
otherwise choose or require any individual to obtain so-called
skilled certificates.
However, states and localities that violate this portion of
the Act are not subject to any loss of federal funds. Of
course, even if the Act did contain sanctions for violating an
individual's freedom to determine their own career path, those
sanctions would have to rely on the willingness of the very
federal bureaucracy which helped originate many of the
education ``reforms'' which diminish student freedom to enforce
this statutory provision.
V. Conclusion
The Carl D. Perkins Act Reauthorization may appear to
provide for greater state and individual control over
vocational education. However, H.R. 1853 is really another
example of ``mandate federalism,'' where states, localities,
and individuals are given limited autonomy in how they fulfill
federal mandates. As H.R. 1853 places mandates on the states
and individuals to perform certain functions in the area of
education, an area where Congress has no Constitutional
authority. It is also in violation of the ninth and tenth
amendments to the United States Constitution.
Furthermore, H.R. 1853 forces federal taxpayers to
underwrite the wages of students working part-time in the name
of ``cooperative education,'' another form of corporate
welfare. Businesses who benefit from the labor of students
should not have the costs of that labor subsidized by the
taxpayers.
Certain language in H.R. 1853 suggests that parent's
authority to raise their children as they see fit may be
undermined by the government in order to make parents partners
in training their children according to government
specifications.
Congress should, therefore, reject H.R. 1853 and instead
eliminate all federal vocational education programs in order to
restore authority for those programs to the states, localities,
and individual citizens.
Ron Paul.
ADDITIONAL VIEWS OF HON. MAJOR R. OWENS
During the 105th Congress, the Committee on Education and
the Workforce has successfully reported significant legislation
in a bipartisan manner. Bills reauthorizing the Individuals
with Disabilities Education Act, the Juvenile Justice and
Delinquency Prevention Act, and the Job Training and
Partnership Act were passed by the Committee with support from
Democratic and Republican Members. However, consideration of
the Carl D. Perkins Vocational Education Act threatened this
bipartisan effort to move major legislation through the
Committee.
I commend the Chairman of the Subcommittee on Early
Childhood, Youth and Families for recognizing the important
role of technology in vocational education. In order to prepare
American students for the 21st century work place, it is
crucial that we change the way we think of the vocational and
technical education program. Vocational and technical education
students must receive the training and skills necessary to take
advantage of the new technology-based economy to gain high wage
employment. Vocational education must no longer be a dumping
ground for students perceived to have poor academic skills. It
must become the center of academic and technological excellence
in our schools.
I am pleased that the Committee has included language I
proposed which would require secondary schools receiving
Perkins Act funds to provide vocational and technical education
students with the training necessary to enter the education
technology or telecommunications fields. As part of their
training, students would work as ``Technical Assistants'' in
their schools or with local businesses in a program that would
lead to employment as Local Area Network technicians or
computer systems troubleshooters.
Several witnesses at Subcommittee hearings noted the
importance of building partnerships with local business. My
language would encourage schools to work with high tech
industries to provide vocational and technical education
students the opportunity to participate in voluntary
internships and mentoring programs. It would include the chance
to follow up with classes in local community colleges to attain
certification in these expanding fields. This training would
allow these students to enter high wage professions that will
otherwise be under staffed in the 21st century. According to
the Department of Commerce, by the next century, 60% of the new
jobs will require the kinds of skills possessed by only 22% of
workers today. This new Perkins Act would work to close this
gap and ensure that vocational education meets the challenges
of the changing work place.
Unfortunately, there are several outstanding issues which
prevented this bill from receiving Democratic support. In
particular, the proposed funding formula may jeopardize the
effectiveness of this program. Specifically, changes in the
within-state formula which would alter the way States allocate
funds would shift money away from the most economically
disadvantaged, needy areas. Under current law, within-state
allocations are made based on a formula which targets low
income students. The Republican proposal would weaken the
effort to target funds based on need and move towards a general
population based formula. Under this scheme, New York City
schools would lose more than $1.5 million, nearly 9% of its
allocation under the current formula. In addition, the
Republican proposal actually sets aside 10% of these funds for
rural areas, regardless of population density and economic
need.
The Carl D. Perkins Vocational Education program is at a
critical juncture. It is vital that we move forward in a
bipartisan way to ensure that those in need are equipped with
the academic and technical skills necessary to compete in the
new work place.
Major R. Owens.
ADDITIONAL VIEWS OF HON. CAROLYN McCARTHY
During the Committee mark-up of H.R. 1853, I offered an
amendment to ensure that vocational education programs keep
spending federal taxpayer dollars in an accountable fashion.
H.R. 1853 would decrease the minimum grant amount for local
education agencies from $15,000 to $7,500. New York State
estimates that this would increase the number of school
districts directly eligible for funds by four times. I am
concerned that this reduction in the minimum grant amount would
make it very difficult for the state to administer the
vocational education program effectively. This is especially
true since the bill also reduces the amount that states can
spend on administration from five to two percent.
I also am concerned that this provision could endanger many
of the consortia around the country that are comprised of local
school districts who do not meet the current minimum grant
amount. In New York State, the Board of Cooperative Educational
Services, or BOCES, has been remarkably successful at providing
a range of education services to our students. The 38 BOCES
programs statewide are an effective and popular system of
consortia that let local school districts pool their vocational
education funds together.
If we reduce the minimum grant amount to $7,500, however,
many school districts may leave BOCES, denying BOCES much-
needed resources and making it harder for them to provide
services to students. This problem would be repeated in states
all across the nation.
I understand the concerns that some of my colleagues have
raised that the current minimum grant makes it hard for rural
districts to get vocational education funding. However, this
bill ensures that districts in rural areas can get waivers from
the minimum grant provision. Now we need to ensure that
programs in suburban areas, like mine, can continue serving
students in an effective manner.
In the interest of bipartisanship, I offered an amendment
to set the minimum grant at $10,000. This would let local
education agencies to continue forming consortia, and it would
let rural areas continue receiving waivers if they have
difficulty forming consortia. I believe this amendment was a
sensible compromise between current law and H.R. 1853. However,
the amendment was not accepted.
I hope that both sides continue working to address the
concerns my colleagues and I have raised about provisions in
this bill so that we can make vocational education re-
authorization a truly bipartisan endeavor.
Carolyn McCarthy.
MINORITY VIEWS
I. Introduction
Since the passage of the Smith-Hughes Act in 1917, the
Federal government has remained committed to assisting States
and localities in providing quality vocational education
programs. The passage of the Carl D. Perkins Vocational and
Applied Technology Education Act (hereafter referred to as
``the Act'') demonstrated the Federal commitment to vocational
education by providing meaningful and effective vocational
education programs to those most in need, with special emphasis
on high academic goals.
Unfortunately, H.R. 1853, takes a giant step backward from
the intent and substance of the Act. It diminishes aid to those
most in need of assistance in the name of arbitrary
consolidation, so-called ``flexibility,'' and a reduced
emphasis on distributing scarce dollars to low-income areas.
We are disappointed that the Majority has been unwilling to
compromise on the two major remaining obstacles to a bipartisan
bill--the Act's provisions which provide for the equitable
distribution of funds to secondary school districts, and the
elimination of the Act's emphasis on ensuring that women,
minorities, the economically disadvantaged, and the disabled
have access to quality vocational education programs.
II. Instate Funding Formula: Distribution of Funds to Secondary School
Districts
Under current law, States must allocate 75 percent of the
funding they receive to local recipients--secondary school
districts and postsecondary institutions. States are permitted
to determine how to share the allocation between these two
types of local recipients. For the portion of funds which
States select to allocate to secondary school districts, they
are required to allocate funding based on a formula with the
following factors: 70 percent Title I (basic grants); 20
percent Individuals with Disability Education Act child count;
and 10 percent general enrollment. In addition, eligible local
education agencies (``LEAs'') and postsecondary institutions
must meet minimum grant requirements of $15,000 and $50,000,
respectively, or form consortia to meet these minimum grant
requirements.
H.R. 1853 radically revises this set of funding provisions
in several key ways. The bill (1) sends 90 percent of Perkins
funding down to local recipients; (2) institutes a formula
based 50 percent on population and 50 percent on poverty
(thereby vastly decreasing the emphasis on targeting money to
areas most in need of assistance); (3) authorizes States to use
an alternative formula based on an undefined standard of
``greatest economic need''; (4) creates new set asides of local
program dollars for undefined rural areas and incentive grant
awards of 10 percent and 5 percent, respectively; and (5)
reduces the minimum grant amounts to $7,500 for secondary and
$20,000 for post-secondary schools. The latter four of these
changes seriously undermine the Act's focus on targeting funds
to those most in need of assistance.
Prior to the 1990 reauthorization of the Act, the GAO
sharply criticized the instate distribution of vocational
education funding. The report, entitled Vocational Education:
Opportunity to Prepare for the Future,\1\ concluded the
following:
---------------------------------------------------------------------------
\1\ GAO-HRD-89-55, May, 1989.
---------------------------------------------------------------------------
Vocational education students in economically
depressed areas may be less likely to receive Perkins
funding for improved or modernized program activities
than students outside such areas.
Some States designated relatively wealthy areas as
``economically depressed,'' and gave them greater per
capita funding than some poorer communities.
Some relatively wealthy school districts received
more funding per low-income student than districts with
high concentrations of low-income students.
The GAO findings clearly demonstrate the need for a
specific substate formula heavily weighted through a poverty-
based formula. To rectify these shortcomings, the current
substate formula was included in the 1990 reauthorization.
The Republican Majority has consistently stated that they
believe the formula in current law is strongly biased in favor
of urban districts and that it should be changed to ensure a
more equal distribution of funding among geographic regions.
They have further stated that their policy objective is to
target more of the Act's funds to rural areas, which in their
view have been underserved by this program. They have claimed
their change to a 50 percent population, 50 percent poverty
formula accomplishes this goal.
While we recognize that there is significant poverty in
rural areas which must be addressed, the Majority's policy
goals are not reflected by the results of their formula
changes. The Congressional Research Service has produced a
chart (Attachment 1) which clearly demonstrates that the
Republican formula channels funds to well-off suburban
districts at the expense of rural areas and urban areas. CRS
concluded that, nationally, urban school districts lose 7
percent funding; rural school districts lose 3 percent funding;
and suburban areas gain 10 percent.
Coupled with the change in the secondary school district
formula is the institution of a provision which would allow 15
percent of the monies earmarked for locals to essentially be
distributed at the whim of the States through a 10 percent
rural reserve and a 5 percent allotment for incentive grants.
Not only does this in effect reduce the amount allocated to the
local level compared to the amount mandated under the current
statute, but the Majority's unwillingness to add further
definition to these provisions signifies their politically
motivated objective. The Majority's creation of these new set
asides makes it extremely unlikely that the newly increased
allocation of 90 percent of Perkins funds for local use will
actually reach secondary schools. Furthermore, by placing
theseset asides in the bill, the Majority is extremely inconsistent in
their arguments, because H.R. 1853 also eliminates the set asides for
special populations and sex equity in current law.
Equally as troubling as the two intrastate reserves are the
bill's provisions which provide authority to develop an
alternative secondary formula and to lower the minimum grant
amounts for secondary and postsecondary institutions. The
Majority has consistently argued that States that wish to
target ``areas of greatest economic need'' should have the
ability to develop an alternative formula which accomplishes
this goal. What troubles us about such a provision is both the
history of State implementation of this Act, when States
distributed funds to less needy areas, and the Majority's
refusal to insert a definition of ``greatest economic need.''
In constructing these funding provisions, we must acknowledge
that in the past funding for secondary school districts should
have been distributed to local education agencies that were
truly in need of Federal assistance for vocational education.
The GAO study clearly outlines what can happen without a clear
instate formula. This alternative formula provision could only
lead to a wide range of unproven and possibly damaging
secondary school distribution formulas.
Prior to consideration of H.R. 1853 in the full committee,
the Majority proffered a formula in the hopes of reaching a
compromise. Unfortunately, their formula offer ignored our core
concerns by leaving the new local set asides undefined and
vague. While the Majority did move in our direction through the
elimination of the alternative secondary formula provision and
the inclusion of a formula with a higher poverty allocation,
the offer still would have led to an unjust and uncertain
distribution of funds to secondary school districts. With them
unwilling to compromise further, we had to proceed to markup
without a bipartisan agreement.
During the Committee markup, Representative Martinez
offered two amendments to address the flawed funding formula.
The first of these was an amendment designed to ensure that
funds distributed presently under the current formula would be
maintained, and any monies above that level (``new money'')
would be allocated based on a 60 percent poverty, 40 percent
population formula. Under this amendment, the secondary school
district formula in current law would be locked-in for the
total amount presently reserved by the State for distribution
to secondary school districts. The amendment would ensure that
the present dollar amount going down to local education
agencies would be reserved for distribution under the secondary
school district formula in current law. This amendment also
modified or eliminated the other ill-conceived portions of the
Republican bill, including the alternative secondary formula
authority, the new local set asides, and the minimum grant
levels. Despite our view that this amendment was a reasonable
compromise aimed at satisfying the needs of both sides, it was
defeated on a near party-line vote.
The second Martinez amendment was a complete substitute
which addressed the entire range of funding issues, including
the in-state formula, minimum grants, alternativesecondary
formula, and set asides. Unfortunately, the Martinez substitute was
defeated by a narrow margin of 18-19.
We vigorously dispute the Majority's claim that all school
districts would receive additional funding over what they now
receive. With provisions such as the 10 percent rural reserve
and the 5 percent incentive grant set asides out of local
funding, no school district would know what level of assistance
they might receive. Under current law, a total of 75 percent of
funds must be distributed directly to locals by the substate
formula. Under the Majority proposal, only slightly more--76.5
percent--must be distributed directly to locals by formula.
Also, many states use state-level funds to benefit local school
districts. Along with the major shift from a strong poverty
based formula as in the current statute, these set asides will
significantly undermine current vocational education programs
in many urban and rural areas.
III. Elimination of the Special Program Set Asides
The other major area of disagreement is the bill's
elimination of set asides for displaced homemakers, single
pregnant women, single parents, and sex equity programs.
Throughout the years, the Perkins Act has made enormous strides
in ensuring that individuals have access to non-traditional
employment and training. Through the Perkins Act and related
measures, disadvantaged populations have dramatically increased
their work and educational opportunities.
Under current law, 10.5 percent of the funding going to
each State must be reserved for programs designed to serve
displaced homemakers, single pregnant women, single parents,
and to ensure sex equity. Within this funding structure is a
provision which mandates that each State have a sex equity
coordinator whose primary duty is to ensure access for
individuals entering non-traditional fields.
H.R. 1853 completely eliminates much of the focus of the
Act on displaced homemakers, single pregnant women, single
parents, and programs designed to ensure sex equity. While the
Majority did make some efforts to address these needs through
additional State plan requirements and the ability to use State
program dollars to operate similar programs, the bill strikes
the language in current law which provides for the 10.5 percent
set aside and eliminates the mandate for a sex equity
coordinator.
During the full Committee markup, Representative Mink
offered two amendments intended to refocus the legislation on
these programs. The first amendment would have instituted a
hold-harmless policy at the local level for programs designed
to serve these special populations and to ensure sex equity.
The second amendment would have reinstituted the requirement
for a sex equity coordinator. Unfortunately, the Majority
rejected these amendments, on party line votes.
The elimination of the special program and sex equity set
aside is one of the more short-sighted provisions in this
legislation. The barriers that continue for women andthose in
non-traditional fields remain a troubling national problem. By reducing
support for women seeking to gain access to high-skill training for
high-wage careers, the Majority is once again overlooking the needs of
disadvantaged populations.
IV. Other Concerns
The Majority report correctly reiterates that the bill
provides for the States, and not the Secretary of Education, to
develop the benchmarks. The report also notes, however, that
section 114 of the bill requires that such benchmarks be
rigorous. A State benchmark that accepted minimal yearly gains
in student achievement--gains that were not in fact sufficient
to enable the students to attain the State's challenging
academic proficiencies, for example--would clearly not be
rigorous.
The Majority report also states that, while the opportunity
for college should be open to all, the Federal government
should not discourage students who choose not to pursue that
option if they choose to enter a vocational-technical education
program. This language should not obscure, and in no way
changes, the language in the bill itself which requires that
students participating in such vocational-technical education
programs be taught to the same challenging academic
proficiencies as are provided for all other students (section
224(b)(3)(B)). Young people's educational and career horizon
often expand, especially when they are in a good program, and
the price of admission to a high-school vocational program
should in no way restrict access to college.
In the report, the Majority highlights the bill's repeal of
the specific requirements of current law that States designate
individuals to review plans to ensure that the needs of the
disabled, economically disadvantaged, and students of limited
English proficiency are being met. Nevertheless, section 113
requires that the State assess how those special needs are met
by the programs funded under the Act, and that the State
describe how it will ensure that they are met. An adequate
assessment of how well the needs are being met, and adequate
plans for ensuring that they are met, obviously cannot be
developed and carried out by people devoid of expertise in
assessing and meeting those needs.
V. Conclusion
With the significant differences between the Majority and
Minority, we remain unable to support a bill which guts the
core provisions of the Act. We remain committed to obtaining a
bipartisan solution, but the unyielding views of the Majority
have prevented this thus far. Through earlier passage of
legislation such as the reauthorization of the Individuals with
Disabilities Act and the Juvenile Justice and Delinquency
Prevention Act, this Committee has demonstrated its ability to
overcome partisan differences. It is our hope that this spirit
of bipartisanship will not be destroyed by the arbitrary
objectives of the Majority.
TABLE 1. CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS OF 1997--ESTIMATED ALLOCATIONS TO URBAN,
SUBURBAN, AND RURAL LOCAL EDUCATIONAL AGENCIES (LEAs) UNDER ALTERNATIVE SECONDARY SCHOOL FORMULAS
----------------------------------------------------------------------------------------------------------------
Estimated Allocations Under Alternative Substate
Formulas Percentage
-------------------------------------------------------- change, 50-
State and type of LEA Ages 5 to 17--Poverty/population 50 minus 70-
-------------------------------------------------------- 30
70%/30% 65%/35% 60%/40% 50%/50%
----------------------------------------------------------------------------------------------------------------
California:
Urban.................................... $18,234,400 $17,991,800 $17,749,200 $17,264,000 -5
Suburban................................. 18,217,200 18,468,900 18,720,600 19,223,900 6
Rural.................................... 1,877,000 1,865,600 1,854,100 1,831,100 -2
Not available (NA)....................... 317,300 319,700 322,200 327,000 3
Colorado:
Urban.................................... 2.104,800 2,092,200 2,079,600 2,054,300 -2
Suburban................................. 1,294,100 1,321,600 1,349,100 1,404,100 9
Rural.................................... 1,076,500 1,061,700 1,046,900 1,017,200 -6
(NA)..................................... 4,000 4,000 3,900 3,800 -5
Delaware:
Urban.................................... 0 0 0 0 NA
Suburban................................. 1,815,600 1,835,600 1,855,500 1,895,400 4
Rural.................................... 1,446,700 1,426,800 1,406,800 1,366,900 -6
(NA)..................................... 0 0 0 0 NA
Florida:
Urban.................................... 15,875,400 15,866,600 15,857,800 15,840,200 0
Suburban................................. 2,734,400 2,765,900 2,797,500 2,860,500 5
Rural.................................... 2,198,800 2,176,100 2,153,400 2,107,900 -4
(NA)..................................... 0 0 0 0 NA
Georgia:
Urban.................................... 2,702,100 2,641,200 2,580,300 2,458,500 -9
Suburban................................. 4,736,200 4,859,400 4,982,700 5,229,300 10
Rural.................................... 5,387,100 5,329,300 5,271,400 5,155,700 -4
(NA)..................................... 191,200 186,700 182,100 173,100 -9
Illinois:
Urban.................................... 10,723,600 10,436,900 10,150,300 9,577,000 -11
Suburban................................. 7,096,500 7,372,600 7,648,700 8,201,000 16
Rural.................................... 3,712,900 3,720,100 3,727,400 3,742,000 1
(NA)..................................... 138,500 141,800 145,000 151,500 9
Indiana:
Urban.................................... 5,421,000 5,297,000 5,173,000 4,924,900 -9
Suburban................................. 3,939,000 4,054,800 4,170,700 4,402,400 12
Rural.................................... 3,732,600 3,739,000 3,745,000 3,758,200 1
(NA)..................................... 28,600 30,300 32,100 35,500 24
Michigan:
Urban.................................... 8,906,800 8,653,500 8,460,200 8,013,700 -10
Suburban................................. 6,859,300 7,082,500 7,305,700 7,752,100 13
Rural.................................... 2,688,900 2,689,100 2,689,400 2,689,900 0
(NA)..................................... 8,800 8,600 8,500 8,100 -8
Missouri:
Urban.................................... 3,387,800 3,301,400 3,215,000 3,042,100 -10
Suburban................................. 4,006,100 4,154,700 4,303,400 4,600,600 15
Rural.................................... 5,135,700 5,073,500 5,011,400 4,887,000 -5
(NA)..................................... 8,000 8,000 8,000 8,000 0
Nebraska:
Urban.................................... 963,500 964,100 964,600 965,700 0
Suburban................................. 216,900 225,000 233,100 249,300 15
Rural.................................... 1,533,400 1,525,800 1,518,200 1,502,900 -2
(NA)..................................... 65,900 64,900 63,900 61,900 -6
New Jersey:
Urban.................................... 5,649,200 5,420,000 5,190,900 4,732,600 -16
Suburban................................. 8,284,700 8,513,600 8,742,600 9,200,400 11
Rural.................................... 0 0 0 0 NA
NA....................................... 1,700 1,900 2,100 2,500 47
North Carolina:
Urban.................................... 2,989,000 2,990,500 2,927,600 2,995,400 0
Suburban................................. 5,425,000 5,518,600 5,612,300 5,799,700 7
Rural.................................... 8,353,300 8,267,300 8,181,200 8,009,100 -4
NA....................................... 527,700 518,600 509,400 490,900 -7
Pennsylvania:
Urban.................................... 9,555,800 9,304,700 9,053,500 8,551,200 -11
Suburban................................. 11,047,400 11,318,900 11,590,400 12,133,500 10
Rural.................................... 4,182,800 4,162,400 4,142,100 4,101,300 -2
NA....................................... 0 0 0 0 NA
South Carolina:
Urban.................................... 1,495,000 1,520,900 1,546,800 1,598,700 7
Suburban................................. 4,906,500 4,952,000 4,997,500 5,088,600 4
Rural.................................... 6,177,700 6,106,200 6,034,800 5,891,900 -5
NA....................................... 0 0 0 0 NA
Tennessee:
Urban.................................... 3,673,300 3,593,900 3,514,500 3,355,600 -9
Suburban................................. 6,681,300 6,785,400 6,889,500 7,097,700 6
Rural.................................... 5,633,700 5,611,300 5,588,900 5,544,100 -2
NA....................................... 214,200 211,900 209,700 205,200 -4
Texas:
Urban.................................... 20,355,000 20,255,700 10,096,400 19,837,700 -3%
Suburban................................. 10,044,300 10,252,700 10,461,100 10,877,800 8%
Rural.................................... 7,988,200 7,909,100 7,830,000 7,671,800 -4%
NA......................................... 9,000 9,100 9,100 9,200 2%
Wisconsin:
Urban.................................... 3,514,100 3,433,300 3,352,400 3,190,800 -9%
Suburban................................. 1,393,800 1,470,000 1,546,200 1,698,600 22%
Rural.................................... 2,434,500 2,439,100 2,443,700 2,452,900 1%
NA....................................... 6,000 6,000 6,000 6,100 2%
--------------------------------------------------------------------
Total for states above:
Urban.................................. 115,550,800 113,763,700 101,912,100 108,402,400 -6%
Suburban............................... 98,698,300 100,952,200 103,206,600 107,714,900 9%
Rural.................................. 63,559,800 63,102,400 62,644,700 61,729,900 -3%
NA..................................... 1,520,900 2,511,500 1,502,000 1,482,800 -3%
U.S. total (all states):
Urban.................................. 179,874,600 176,779,900 173,764,200 167,896,100 -7%
Suburban............................... 175,489,900 179,782,600 184,075,400 192,660,900 10%
Rural.................................. 143,293,700 142,367,700 141,441,800 139,589,900 -3%
NA..................................... 33,915,500 33,467,200 33,094,400 32,348,900 -5%
----------------------------------------------------------------------------------------------------------------
MSA=Metropolitan Statistical Area.
Urban=LEAs serving a central city of a MSA.
Surban=LEAs serving portions of a MSA other than a central city.
Rural=LEAs serving areas that are not in a MSA.
NA=Information on the MSA status of these LEAs is not immediately available. In most cases, this is because LEAs
were consolidated or otherwise substantially restructured between 1990 (the date when poverty and population
data were compiled for LEAs) and 1993-94 (the year for which MSA status codes were assigned).
William L. Clay.
Dale E. Kildee.
Major R. Owens.
Patsy T. Mink.
Tim Roemer.
Chaka Fattah.
Carolyn McCarthy.
Harold E. Ford, Jr.
Ron Kind.
George Miller.
Matthew G. Martinez.
Donald M. Payne.
Robert E. Andrews.
Robert C. Scott.
Carlos Romero-Barcelo.
Ruben Hinojosa.
John F. Tierney.
Loretta Sanchez.
Dennis J. Kucinich.