[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2353 Enrolled Bill (ENR)]
H.R.2353
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To reauthorize the Carl D. Perkins Career and Technical Education Act of
2006.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Strengthening Career and Technical
Education for the 21st Century Act''.

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The table of contents for this Act is as follows:

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TITLE I

-CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

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TITLE III

-AMENDMENTS TO OTHER LAWS

Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).

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This Act, and the amendments made by this Act, shall take effect
beginning on July 1, 2019.

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EDUCATION ACT OF 2006.
Section 1(b) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local application for career and technical education
programs.
``Sec. 135. Local uses of funds.
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel and children.
``Sec. 218. Limitation on Federal regulations.
``Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Student assistance and other Federal programs.''.

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Section 2 (20 U.S.C. 2301) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``academic and career and technical
skills'' and inserting ``academic knowledge and technical and
employability skills''; and
(B) by inserting ``and programs of study'' after
``technical education programs'';
(2) in paragraph (1), by striking ``high demand occupations''
and inserting ``in-demand occupations'';
(3) in paragraph (3), by striking ``, including tech prep
education'';
(4) in paragraph (4), by inserting ``and programs of study''
after ``technical education programs'';
(5) in paragraph (6), by striking ``and'' after the semicolon;
(6) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(7) by adding at the end the following:
``(8) increasing the employment opportunities for populations
who are chronically unemployed or underemployed, including
individuals with disabilities, individuals from economically
disadvantaged families, out-of-workforce individuals, youth who are
in, or have aged out of, the foster care system, and homeless
individuals.''.

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Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Secretary determines to be appropriate''
and inserting ``are necessary'';
(2) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' each place it appears and
inserting ``Strengthening Career and Technical Education for the
21st Century Act''; and
(3) by striking ``1998'' and inserting ``2006''.

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Section 8 (20 U.S.C. 2306a) is amended--
(1) in subsection (a), by striking ``Federal Government to
mandate,'' and all that follows through the period at the end and
inserting ``Federal Government--
``(1) to condition or incentivize the receipt of any grant,
contract, or cooperative agreement, or the receipt of any priority
or preference under such grant, contract, or cooperative agreement,
upon a State, local educational agency, eligible agency, eligible
recipient, eligible entity, or school's adoption or implementation
of specific instructional content, academic standards and
assessments, curricula, or program of instruction (including any
condition, priority, or preference to adopt the Common Core State
Standards developed under the Common Core State Standards
Initiative, any other academic standards common to a significant
number of States, or any assessment, instructional content, or
curriculum aligned to such standards);
``(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State, local
educational agency, eligible agency, eligible recipient, eligible
entity, or school's specific instructional content, academic
standards and assessments, curricula, or program of instruction
(including any requirement, direction, or mandate to adopt the
Common Core State Standards developed under the Common Core State
Standards Initiative, any other academic standards common to a
significant number of States, or any assessment, instructional
content, or curriculum aligned to such standards); or
``(3) except as required under sections 112(b), 211(b), and
223--
``(A) to mandate, direct, or control the allocation of
State or local resources; or
``(B) to mandate that a State or a political subdivision of
a State spend any funds or incur any costs not paid for under
this Act.'';
(2) by amending subsection (d) to read as follows:
``(d) Rule of Construction.--Nothing in this section affects the
applicability of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code, (commonly known as the ``Administrative Procedure
Act'') or chapter 8 of title 5, United States Code, commonly known as
the ``Congressional Review Act'').''; and
(3) by adding at the end the following:
``(f) Congressional Notice and Comment.--
``(1) Notice to congress.--Not less than 15 business days prior
to issuing a notice of proposed rulemaking related to this Act in
the Federal Register, the Secretary shall provide to the Committee
on Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and the Workforce of the House of
Representatives, and other relevant congressional committees,
notice of the Secretary's intent to issue a notice of proposed
rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) a description of how the regulation is consistent
with the scope of this Act;
``(D) the anticipated burden (including the time, cost, and
paperwork burden) the regulation will impose on an eligible
agency, institution, or recipient that may be impacted by the
regulation, including the potential impact on rural areas;
``(E) the anticipated benefits to an eligible agency,
institution, or recipient that may be impacted by the
regulation, including in rural areas; and
``(F) any regulations that will be repealed when the new
regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed rulemaking
under this subsection, provide Congress with a comment period
of 15 business days to make comments on the proposed
regulation, beginning on the date that the Secretary provides
the notice of intent to the appropriate committees of Congress
under paragraph (1); and
``(B) include and seek to address all comments submitted by
members of Congress in the public rulemaking record for the
regulation published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall be not
less than 60 days unless an emergency requires a shorter period, in
which case the Secretary shall--
``(A) designate the proposed regulation as an emergency
with an explanation of the emergency in the notice to Congress
under paragraph (1);
``(B) publish the length of the comment and review period
in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional meetings to
review such proposed regulation before issuing any final
regulation.''.

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Section 9 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act
(other than sections 114 and 117)--
``(1) $1,229,568,538 for fiscal year 2019;
``(2) $1,246,782,498 for fiscal year 2020;
``(3) $1,264,237,452 for fiscal year 2021;
``(4) $1,281,936,777 for fiscal year 2022;
``(5) $1,299,883,892 for fiscal year 2023; and
``(6) $1,318,082,266 for fiscal year 2024.''.
PART A--ALLOTMENT AND ALLOCATION

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Section 111 (20 U.S.C. 2321) is amended to read as follows:
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the amount appropriated under section
9 for each fiscal year, the Secretary shall reserve--
``(A) 0.13 percent to carry out section 115; and
``(B) 1.50 percent to carry out section 116, of which--
``(i) 1.25 percent of the sum shall be available to
carry out section 116(b); and
``(ii) 0.25 percent of the sum shall be available to
carry out section 116(h).
``(2) Foundational grant.--
``(A) In general.--From the remainder of the amount
appropriated under section 9 and not reserved under paragraph
(1) for a fiscal year, the Secretary shall allot to a State for
the fiscal year an amount equal to the amount the State
received in fiscal year 2018.
``(B) Ratable reduction.--If for any fiscal year the amount
appropriated for allotments under this section is insufficient
to satisfy the provisions of subparagraph (A), the payments to
all States under such subparagraph shall be ratably reduced.
``(3) Additional funds.--Subject to paragraph (4), from the
additional funds remaining from the amount appropriated under
section 9 and not expended under paragraphs (1) and (2) for a
fiscal year, the Secretary shall allot to a State for the fiscal
year--
``(A) an amount that bears the same ratio to 50 percent of
the sum being allotted as the product of the population aged 15
to 19, inclusive, in the State in the fiscal year preceding the
fiscal year for which the determination is made and the State's
allotment ratio bears to the sum of the corresponding products
for all the States;
``(B) an amount that bears the same ratio to 20 percent of
the sum being allotted as the product of the population aged 20
to 24, inclusive, in the State in the fiscal year preceding the
fiscal year for which the determination is made and the State's
allotment ratio bears to the sum of the corresponding products
for all the States;
``(C) an amount that bears the same ratio to 15 percent of
the sum being allotted as the product of the population aged 25
to 65, inclusive, in the State in the fiscal year preceding the
fiscal year for which the determination is made and the State's
allotment ratio bears to the sum of the corresponding products
for all the States; and
``(D) an amount that bears the same ratio to 15 percent of
the sum being allotted as the amounts allotted to the State
under subparagraphs (A), (B), and (C) for such years bears to
the sum of the amounts allotted to all the States under
subparagraphs (A), (B), and (C) for such year.
``(4) Minimum allotment for years with additional funds.--
``(A) In general.--Subject to subparagraph (B), for a
fiscal year for which there are additional funds described in
paragraph (3), no State shall receive for such fiscal year
under paragraph (3) less than 1/2 of 1 percent of the
additional funds available for such fiscal year. Amounts
necessary for increasing such payments to States to comply with
the preceding sentence shall be obtained by ratably reducing
the amounts to be paid to other States.
``(B) Special rule.--In the case of a qualifying State, the
minimum allotment under subparagraph (A) for a fiscal year for
the qualifying State shall be the lesser of--
``(i) 1/2 of 1 percent of the additional funds
available for such fiscal year; and
``(ii) the product of--
``(I) 1/3 of the additional funds; multiplied by
``(II) the quotient of--
``(aa) the qualifying State's ratio described
in subparagraph (C) for the fiscal year for which
the determination is made; divided by
``(bb) the sum of all such ratios for all
qualifying States for the fiscal year for which the
determination is made.
``(C) Ratio.--For purposes of subparagraph (B)(ii)(II)(aa),
the ratio for a qualifying State for a fiscal year shall be
1.00 less the quotient of--
``(i) the amount the qualifying State is allotted under
paragraph (3) for the fiscal year; divided by
``(ii) 1/2 of 1 percent of the amount appropriated
under paragraph (3) for the fiscal year for which the
determination is made.
``(D) Definitions.--In this paragraph, the term `qualifying
State' means a State (except the United States Virgin Islands)
that, for the fiscal year for which a determination under this
paragraph is made, would receive, under the allotment formula
under paragraph (3) (without the application of this
paragraph), an amount that would be less than the amount the
State would receive under subparagraph (A) for such fiscal
year.
``(b) Reallotment.--If the Secretary determines that any amount of
any State's allotment under subsection (a) for any fiscal year will not
be required for such fiscal year for carrying out the activities for
which such amount has been allotted, the Secretary shall make such
amount available for reallotment. Any such reallotment among other
States shall occur on such dates during the same year as the Secretary
shall fix, and shall be made on the basis of criteria established by
regulation. No funds may be reallotted for any use other than the use
for which the funds were appropriated. Any amount reallotted to a State
under this subsection for any fiscal year shall remain available for
obligation during the succeeding fiscal year and shall be deemed to be
part of the State's allotment for the year in which the amount is
obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any State shall be
1.00 less the product of--
``(A) 0.50; and
``(B) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of the Commonwealth of Puerto Rico and the
United States Virgin Islands), except that--
``(i) the allotment ratio in no case shall be more than
0.60 or less than 0.40; and
``(ii) the allotment ratio for the Commonwealth of
Puerto Rico and the United States Virgin Islands shall be
0.60.
``(2) Promulgation.--The allotment ratios shall be promulgated
by the Secretary for each fiscal year between October 1 and
December 31 of the fiscal year preceding the fiscal year for which
the determination is made. Allotment ratios shall be computed on
the basis of the average of the appropriate per capita incomes for
the 3 most recent consecutive fiscal years for which satisfactory
data are available.
``(3) Definition of per capita income.--For the purpose of this
section, the term `per capita income' means, with respect to a
fiscal year, the total personal income in the calendar year ending
in such year, divided by the population of the area concerned in
such year.
``(4) Population determination.--For the purposes of this
section, population shall be determined by the Secretary on the
basis of the latest estimates available to the Department of
Education.
``(d) Definition of State.--For the purpose of this section, the
term `State' means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and the United
States Virgin Islands.''.

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Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``15 percent'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``1 percent'' and inserting ``2
percent'';
(II) by striking ``State correctional institutions
and institutions'' and inserting ``State correctional
institutions, juvenile justice facilities, and
educational institutions''; and
(III) by striking ``and'' after the semicolon; and
(ii) by inserting after subparagraph (B) the following:
``(C) an amount shall be made available for the recruitment
of special populations to enroll in career and technical
education programs, which shall be not less than the lesser
of--
``(i) an amount equal to 0.1 percent; or
``(ii) $50,000; and'';
(C) in paragraph (3)(B), by striking ``a local plan;'' and
inserting ``local applications;''; and
(2) in subsection (c), by striking ``section 135'' and all that
follows through the end and inserting ``section 135--
``(1) in--
``(A) rural areas;
``(B) areas with high percentages of CTE concentrators or
CTE participants;
``(C) areas with high numbers of CTE concentrators or CTE
participants; and
``(D) areas with disparities or gaps in performance as
described in section 113(b)(3)(C)(ii)(II); and
``(2) in order to--
``(A) foster innovation through the identification and
promotion of promising and proven career and technical
education programs, practices, and strategies, which may
include programs, practices, and strategies that prepare
individuals for nontraditional fields; or
``(B) promote the development, implementation, and adoption
of programs of study or career pathways aligned with State-
identified high-skill, high-wage, or in-demand occupations or
industries.''.

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Section 115 (20 U.S.C. 2325) is amended--
(1) in subsection (a)(3), by striking ``subject to subsection
(d)'' and inserting ``subject to subsection (b)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).

ecd56e090f4d0af2f724ee299cd076f2b53e70198d498e58010508af1b8865ce

Section 116 (20 U.S.C. 2326) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the paragraph heading, by striking
``native'' and inserting ``Native'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(D) in paragraph (3) (as redesignated by subparagraph (C)),
in the paragraph heading, by striking ``hawaiian'' and
inserting ``Hawaiian''; and
(E) in paragraph (4) (as redesignated by subparagraph
(C))--
(i) in the paragraph heading, by striking ``hawaiian''
and inserting ``Hawaiian''; and
(ii) by inserting ``(20 U.S.C. 7517)'' after ``Act'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``tribes'' and inserting ``Tribes'';
and
(ii) by striking ``tribal'' and inserting ``Tribal'';
(B) in paragraph (2)--
(i) by striking the paragraph heading and inserting
``Indian tribes and tribal organizations.--'';
(ii) by striking ``Indian tribe or tribal
organization'' and inserting ``Indian Tribe or Tribal
organization'';
(iii) by striking ``450f'' and inserting ``5321''; and
(iv) by striking ``455-457'' and inserting ``5345-
5347'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking ``bureau of
indian affairs'' and inserting ``Bureau of indian
education'';
(ii) by striking ``tribe'' and inserting ``Tribe'';
(iii) by striking ``tribal'' and inserting ``Tribal'';
and
(iv) by striking ``Bureau of Indian Affairs'' and
inserting ``Bureau of Indian Education'';
(D) in paragraph (4)--
(i) by striking ``Bureau of Indian Affairs'' each place
the term appears and inserting ``Bureau of Indian
Education''; and
(ii) by striking ``Assistant Secretary of the Interior
for Indian Affairs'' and inserting ``Director of the Bureau
of Indian Education'';
(E) in paragraph (5)(A), by striking ``Indian tribes,
tribal organizations, and individual tribal members'' and
inserting ``Indian Tribes, Tribal organizations, and individual
Tribal members''; and
(F) in paragraph (6)--
(i) by striking ``tribe'' each place the term appears
and inserting ``Tribe''; and
(ii) by striking ``tribal'' each place the term appears
and inserting ``Tribal'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) Special rule.--Notwithstanding section 3(5)(A)(iii),
funds made available under this section may be used to provide
preparatory, refresher, and remedial education services that are
designed to enable students to achieve success in career and
technical education programs or programs of study.'';
(4) in subsection (d), by striking ``tribe'' each place the
term appears and inserting ``Tribe'';
(5) in subsection (e)(1), by striking ``tribal'' and inserting
``Tribal'';
(6) in subsection (f), by striking ``tribe'' and inserting
``Tribe''; and
(7) in subsection (g), by striking ``tribe'' each place the
term appears and inserting ``Tribe''.

c262b6de469dc4e09702fe14f27e83a07c696e919c6b1d25aee5f4c130d0aca8

INSTITUTIONS.
Section 117 (20 U.S.C. 2327) is amended--
(1) in subsection (a)(2), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(2) in subsection (d), by striking ``(25 U.S.C. 640a et seq.)''
and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(3) in subsection (f)(3), by striking ``tribe'' each place the
term appears and inserting ``Tribe'';
(4) in subsection (h)--
(A) in the paragraph heading, by striking ``indian tribe''
and inserting ``Indian tribe''; and
(B) by striking ``terms `Indian' and `Indian tribe' have
the meanings given the terms in'' and inserting ``terms
`Indian' and `Indian Tribe' have the meanings given the terms
`Indian' and `Indian tribe', respectively, in''; and
(5) by striking subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $9,762,539 for fiscal year 2019;
``(2) $9,899,215 for fiscal year 2020;
``(3) $10,037,804 for fiscal year 2021;
``(4) $10,178,333 for fiscal year 2022;
``(5) $10,320,829 for fiscal year 2023; and
``(6) $10,465,321 for fiscal year 2024.''.

abd5fcb4ff9bb0dbe49cd58dbe2947f9027202e5b1b3319c5151650cdce8c69f

Section 118 (20 U.S.C. 2328) is repealed.
PART B--STATE PROVISIONS

2681d7dc566ab6eb54a050e09a3650abe99fea4fdc1d45926a86245098197dc7

Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is amended by striking
``parents'' and all that follows through the end of the paragraph and
inserting ``teachers, faculty, specialized instructional support
personnel, paraprofessionals, school leaders, authorized public
chartering agencies and charter school leaders (consistent with State
law), employers, representatives of business (including small
businesses), labor organizations, eligible recipients, local program
administrators, State and local officials, Indian Tribes or Tribal
organizations present in the State, parents, students, and community
organizations;''.

5dc37df7b2eaff6fcc6c88a98f861487a8a8b298e0613b58e1e19e16f9dad0fa

Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``6-year period,'' and inserting ``4-
year period, consistent with subsection (b) and paragraph
(5),''; and
(ii) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' and inserting
``Strengthening Career and Technical Education for the 21st
Century Act'';
(B) in paragraph (2)(B), by striking ``6-year period'' and
inserting ``4-year period'';
(C) in paragraph (3), by striking ``(including charter
school'' and all that follows through ``and community
organizations)'' and inserting ``(including teachers, faculty,
specialized instructional support personnel, paraprofessionals,
school leaders, authorized public chartering agencies and
charter school leaders (consistent with State law), employers,
labor organizations, parents, students, Indian Tribes and
Tribal organizations that may be present in the State, and
community organizations)''; and
(D) by adding at the end the following:
``(4) Public comment.--Each eligible agency shall make the
State plan publicly available for public comment for a period of
not less than 30 days, by electronic means and in an easily
accessible format, prior to submission to the Secretary for
approval under this subsection. In the plan the eligible agency
files under this subsection, the eligible agency shall provide an
assurance that public comments were taken into account in the
development of the State plan.
``(5) Optional submission of subsequent plans.--An eligible
agency may, after the first 4-year State plan is submitted under
this section, submit subsequent 4-year plans not later than 120
days prior to the end of the 4-year period covered by the preceding
State plan or, if an eligible agency chooses not to submit a State
plan for a subsequent 4-year period, the eligible agency shall
submit, and the Secretary shall approve, annual revisions to the
State determined levels of performance in the same manner as
revisions submitted and approved under section 113(b)(3)(A)(ii).'';
and
(2) by striking subsections (b) through (e) and inserting the
following:
``(b) Options for Submission of State Plan.--
``(1) Combined plan.--The eligible agency may submit a combined
plan that meets the requirements of this section and the
requirements of section 103 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113).
``(2) Notice to secretary.--The eligible agency shall inform
the Secretary of whether the eligible agency intends to submit a
combined plan described in paragraph (1) or a single plan.
``(c) Plan Development.--
``(1) In general.--The eligible agency shall--
``(A) develop the State plan in consultation with--
``(i) representatives of secondary and postsecondary
career and technical education programs, including eligible
recipients and representatives of 2-year minority-serving
institutions and historically Black colleges and
universities and tribally controlled colleges or
universities in States where such institutions are in
existence, adult career and technical education providers,
and charter school representatives in States where such
schools are in existence, which shall include teachers,
faculty, school leaders, specialized instructional support
personnel, career and academic guidance counselors, and
paraprofessionals;
``(ii) interested community representatives, including
parents, students, and community organizations;
``(iii) representatives of the State workforce
development board established under section 101 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111)
(referred to in this section as the `State board');
``(iv) members and representatives of special
populations;
``(v) representatives of business and industry
(including representatives of small business), which shall
include representatives of industry and sector partnerships
in the State, as appropriate, and representatives of labor
organizations in the State;
``(vi) representatives of agencies serving out-of-
school youth, homeless children and youth, and at-risk
youth, including the State Coordinator for Education of
Homeless Children and Youths established or designated
under section 722(d)(3) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(d)(3));
``(vii) representatives of Indian Tribes and Tribal
organizations located in, or providing services in, the
State; and
``(viii) individuals with disabilities; and
``(B) consult the Governor of the State, and the heads of
other State agencies with authority for career and technical
education programs that are not the eligible agency, with
respect to the development of the State plan.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access to
information needed to use such procedures, to allow the individuals
and entities described in paragraph (1) to participate in State and
local decisions that relate to development of the State plan.
``(3) Consultation with the governor.--The consultation
described in paragraph (1)(B) shall include meetings of officials
from the eligible agency and the Governor's office and shall
occur--
``(A) during the development of such plan; and
``(B) prior to submission of the plan to the Secretary.
``(d) Plan Contents.--The State plan shall include--
``(1) a summary of State-supported workforce development
activities (including education and training) in the State,
including the degree to which the State's career and technical
education programs and programs of study are aligned with and
address the education and skill needs of the employers in the State
identified by the State board;
``(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including special
populations) and for meeting the skilled workforce needs of
employers, including in existing and emerging in-demand industry
sectors and occupations as identified by the State, and how the
State's career and technical education programs will help to meet
these goals;
``(3) a strategy for any joint planning, alignment,
coordination, and leveraging of funds--
``(A) between the State's career and technical education
programs and programs of study with the State's workforce
development system, to achieve the strategic vision and goals
described in paragraph (2), including the core programs defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102) and the elements related to system alignment
under section 102(b)(2)(B) of such Act (29 U.S.C.
3112(b)(2)(B)); and
``(B) for programs carried out under this title with other
Federal programs, which may include programs funded under the
Elementary and Secondary Education Act of 1965 and the Higher
Education Act of 1965;
``(4) a description of the career and technical education
programs or programs of study that will be supported, developed, or
improved at the State level, including descriptions of--
``(A) the programs of study to be developed at the State
level and made available for adoption by eligible recipients;
``(B) the process and criteria to be used for approving
locally developed programs of study or career pathways,
including how such programs address State workforce development
and education needs and the criteria to assess the extent to
which the local application under section 132 will--
``(i) promote continuous improvement in academic
achievement and technical skill attainment;
``(ii) expand access to career and technical education
for special populations; and
``(iii) support the inclusion of employability skills
in programs of study and career pathways;
``(C) how the eligible agency will--
``(i) make information on approved programs of study
and career pathways (including career exploration, work-
based learning opportunities, early college high schools,
and dual or concurrent enrollment program opportunities)
and guidance and advisement resources, available to
students (and parents, as appropriate), representatives of
secondary and postsecondary education, and special
populations, and to the extent practicable, provide that
information and those resources in a language students,
parents, and educators can understand;
``(ii) facilitate collaboration among eligible
recipients in the development and coordination of career
and technical education programs and programs of study and
career pathways that include multiple entry and exit
points;
``(iii) use State, regional, or local labor market data
to determine alignment of eligible recipients' programs of
study to the needs of the State, regional, or local
economy, including in-demand industry sectors and
occupations identified by the State board, and to align
career and technical education with such needs, as
appropriate;
``(iv) ensure equal access to approved career and
technical education programs of study and activities
assisted under this Act for special populations;
``(v) coordinate with the State board to support the
local development of career pathways and articulate
processes by which career pathways will be developed by
local workforce development boards, as appropriate;
``(vi) support effective and meaningful collaboration
between secondary schools, postsecondary institutions, and
employers to provide students with experience in, and
understanding of, all aspects of an industry, which may
include work-based learning such as internships,
mentorships, simulated work environments, and other hands-
on or inquiry-based learning activities; and
``(vii) improve outcomes and reduce performance gaps
for CTE concentrators, including those who are members of
special populations; and
``(D) how the eligible agency may include the opportunity
for secondary school students to participate in dual or
concurrent enrollment programs, early college high school, or
competency-based education;
``(5) a description of the criteria and process for how the
eligible agency will approve eligible recipients for funds under
this Act, including how--
``(A) each eligible recipient will promote academic
achievement;
``(B) each eligible recipient will promote skill
attainment, including skill attainment that leads to a
recognized postsecondary credential; and
``(C) each eligible recipient will ensure the comprehensive
needs assessment under section 134(c) takes into consideration
local economic and education needs, including, where
appropriate, in-demand industry sectors and occupations;
``(6) a description of how the eligible agency will support the
recruitment and preparation of teachers, including special
education teachers, faculty, school principals, administrators,
specialized instructional support personnel, and paraprofessionals
to provide career and technical education instruction, leadership,
and support, including professional development that provides the
knowledge and skills needed to work with and improve instruction
for special populations;
``(7) a description of how the eligible agency will use State
leadership funds under section 124;
``(8) a description of how funds received by the eligible
agency through the allotment made under section 111 will be
distributed--
``(A) among career and technical education at the secondary
level, or career and technical education at the postsecondary
and adult level, or both, including how such distribution will
most effectively provide students with the skills needed to
succeed in the workplace; and
``(B) among any consortia that may be formed among
secondary schools and eligible institutions, and how funds will
be distributed among the members of the consortia, including
the rationale for such distribution and how it will most
effectively provide students with the skills needed to succeed
in the workplace;
``(9) a description of the eligible agency's program strategies
for special populations, including a description of how individuals
who are members of special populations--
``(A) will be provided with equal access to activities
assisted under this Act;
``(B) will not be discriminated against on the basis of
status as a member of a special population;
``(C) will be provided with programs designed to enable
individuals who are members of special populations to meet or
exceed State determined levels of performance described in
section 113, and prepare special populations for further
learning and for high-skill, high-wage, or in-demand industry
sectors or occupations;
``(D) will be provided with appropriate accommodations; and
``(E) will be provided instruction and work-based learning
opportunities in integrated settings that support competitive,
integrated employment;
``(10) a description of the procedure the eligible agency will
adopt for determining State determined levels of performance
described in section 113, which, at a minimum, shall include--
``(A) a description of the process for public comment under
section 113(b)(3)(B) as part of the development of the State
determined levels of performance under section 113(b);
``(B) an explanation of the State determined levels of
performance; and
``(C) a description of how the State determined levels of
performance set by the eligible agency align with the levels,
goals, and objectives of other Federal and State laws;
``(11) a description of how the eligible agency will address
disparities or gaps in performance, as described in section
113(b)(3)(C)(ii)(II), in each of the plan years, and if no
meaningful progress has been achieved prior to the third program
year, a description of the additional actions the eligible agency
will take to eliminate these disparities or gaps;
``(12) describes how the eligible agency will involve parents,
academic and career and technical education teachers,
administrators, faculty, career guidance and academic counselors,
local business (including small businesses), labor organizations,
and representatives of Indian Tribes and Tribal organizations, as
appropriate, in the planning, development, implementation, and
evaluation of such career and technical education programs; and
``(13) assurances that--
``(A) the eligible agency will comply with the requirements
of this Act and the provisions of the State plan, including the
provision of a financial audit of funds received under this
Act, which may be included as part of an audit of other Federal
or State programs;
``(B) none of the funds expended under this Act will be
used to acquire equipment (including computer software) in any
instance in which such acquisition results in a direct
financial benefit to any organization representing the
interests of the acquiring entity or the employees of the
acquiring entity, or any affiliate of such an organization;
``(C) the eligible agency will use the funds to promote
preparation for high-skill, high-wage, or in-demand industry
sectors or occupations and non-traditional fields, as
identified by the eligible agency;
``(D) the eligible agency will use the funds provided under
this Act to implement career and technical education programs
and programs of study for individuals in State correctional
institutions, including juvenile justice facilities; and
``(E) the eligible agency will provide local educational
agencies, area career and technical education schools, and
eligible institutions in the State with technical assistance,
including technical assistance on how to close gaps in student
participation and performance in career and technical education
programs; and
``(14) a description of the opportunities for the public to
comment in person and in writing on the State plan under this
subsection.
``(e) Consultation.--
``(1) In general.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of any
funds proposed to be reserved for adult career and technical
education, postsecondary career and technical education, and
secondary career and technical education after consultation with--
``(A) the State agency responsible for supervision of
community colleges, technical institutes, other 2-year
postsecondary institutions primarily engaged in providing
postsecondary career and technical education, or, where
applicable, institutions of higher education that are engaged
in providing postsecondary career and technical education as
part of their mission;
``(B) the State agency responsible for secondary education;
and
``(C) the State agency responsible for adult education.
``(2) Objections of state agencies.--If a State agency other
than the eligible agency finds that a portion of the final State
plan is objectionable, that objection shall be filed together with
the State plan. The eligible agency shall respond to any objections
of such State agency in the State plan submitted to the Secretary.
``(3) Joint signature authority.--A Governor shall have 30 days
prior to the eligible agency submitting the State plan to the
Secretary to sign such plan. If the Governor has not signed the
plan within 30 days of delivery by the eligible agency to the
Governor, the eligible agency shall submit the plan to the
Secretary without such signature.
``(f) Plan Approval.--
``(1) In general.--Not later than 120 days after the eligible
agency submits its State plan, the Secretary shall approve such
State plan, or a revision of the plan under subsection (a)(2)
(including a revision of State determined levels of performance in
accordance with section 113(b)(3)(A)(iii)), if the Secretary
determines that the State has submitted in its State plan State
determined levels of performance that meet the criteria established
in section 113(b)(3), including the minimum requirements described
in section 113(b)(3)(A)(i)(III), unless the Secretary--
``(A) determines that the State plan does not meet the
requirements of this Act, including the minimum requirements as
described in section 113(b)(3)(A)(i)(III); and
``(B) meets the requirements of paragraph (2) with respect
to such plan.
``(2) Disapproval.--The Secretary--
``(A) shall have the authority to disapprove a State plan
only if the Secretary--
``(i) determines how the State plan fails to meet the
requirements of this Act; and
``(ii) provides to the eligible agency, in writing,
notice of such determination and the supporting information
and rationale to substantiate such determination; and
``(B) shall not finally disapprove a State plan, except
after making the determination and providing the information
described in subparagraph (A), and giving the eligible agency
notice and an opportunity for a hearing.''.

4ebbb16bfb1e913fa2b0c2b349445e4a1bef797f0ba29d3115250d2b6aa06883

Section 123 (20 U.S.C. 2343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``percent of an agreed upon'' and
inserting ``percent of the'';
(ii) by striking ``State adjusted level of
performance'' and inserting ``State determined level of
performance'' each place the term appears;
(iii) by striking ``section 113(b)(3)'' and inserting
``113(b)(2) for all CTE concentrators'';
(iv) by striking ``(with special consideration to
performance gaps identified under section 113(c)(2))'' and
inserting ``(that includes an analysis of the performance
disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps)'';
(B) in paragraph (2)--
(i) by striking ``State's adjusted levels of
performance'' and inserting ``State determined levels of
performance''; and
(ii) by striking ``purposes of this Act'' and inserting
``purposes of this section, including after implementation
of the improvement plan described in paragraph (1),'';
(C) in paragraph (3)(A)--
(i) in clause (i), by inserting ``or'' after the
semicolon; and
(ii) by striking clauses (ii) and (iii) and inserting
the following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement
plan under paragraph (1), fails to meet at least 90 percent
of a State determined level of performance for such core
indicator for 2 consecutive years after the eligible agency
has been identified for improvement under such
paragraph.''; and
(D) by adding at the end the following:
``(5) Adjustments prohibited.--An eligible agency shall not be
eligible to adjust performance levels while executing an
improvement plan under this section.''; and
(2) in subsection (b)--
(A) by striking ``adjusted'' each place the term appears;
(B) in paragraph (2)--
(i) by inserting ``for all CTE concentrators'' after
``section 113(b)(4)''; and
(ii) by striking ``(with special consideration to
performance gaps identified under section
113(b)(4)(C)(ii)(II) in consultation with the eligible
agency,'' and inserting ``(that includes an analysis of the
performance disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps) in consultation with local stakeholders
described in section 134(d)(1), the eligible agency, and'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``or'' after the
semicolon; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement
plan under paragraph (2), fails to meet at least 90 percent
of the local level of performance for such core indicator
for 2 consecutive years after the eligible recipient has
been identified for improvement under such paragraph.'';
and
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``or'' after the
semicolon;
(II) in clause (ii), by striking the period at the
end and inserting ``; or''; and
(III) by adding at the end the following:
``(iii) in response to a public request from an
eligible recipient, if the eligible agency determines that
the requirements described in clause (i) or (ii) have been
met.''; and
(D) by adding at the end the following:
``(6) Adjustments prohibited.--An eligible recipient shall not
be eligible to adjust performance levels while executing an
improvement plan under this section.''.

fade92a5958701f83b22a4b517891e9ce27434191fafaf1eb80181bbe54b2131

Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (a), by striking ``shall conduct State
leadership activities.'' and inserting ``shall--
``(1) conduct State leadership activities to improve career and
technical education, which shall include support for--
``(A) preparation for non-traditional fields in current and
emerging professions, programs for special populations, and
other activities that expose students, including special
populations, to high-skill, high-wage, and in-demand
occupations;
``(B) individuals in State institutions, such as State
correctional institutions, including juvenile justice
facilities, and educational institutions that serve individuals
with disabilities;
``(C) recruiting, preparing, or retaining career and
technical education teachers, faculty, specialized
instructional support personnel, or paraprofessionals, such as
preservice, professional development, or leadership development
programs; and
``(D) technical assistance for eligible recipients; and
``(2) report on the effectiveness of such use of funds in
achieving the goals described in section 122(d)(2) and the State
determined levels of performance described in section 113(b)(3)(A),
and reducing disparities or performance gaps as described in
section 113(b)(3)(C)(ii)(II).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Required'' and
inserting ``Permissible'';
(B) in the matter preceding paragraph (1), by striking
``shall'' and inserting ``may''; and
(C) by striking paragraphs (1) through (9) and inserting
the following:
``(1) developing statewide programs of study, which may include
standards, curriculum, and course development, and career
exploration, guidance, and advisement activities and resources;
``(2) approving locally developed programs of study that meet
the requirements established in section 122(d)(4)(B);
``(3) establishing statewide articulation agreements aligned to
approved programs of study;
``(4) establishing statewide industry or sector partnerships
among local educational agencies, institutions of higher education,
adult education providers, Indian Tribes and Tribal organizations
that may be present in the State, employers, including small
businesses, and parents, as appropriate to--
``(A) develop and implement programs of study aligned to
State and local economic and education needs, including, as
appropriate, in-demand industry sectors and occupations;
``(B) facilitate the establishment, expansion, and
integration of opportunities for students at the secondary
level to--
``(i) successfully complete coursework that integrates
rigorous and challenging technical and academic instruction
aligned with the challenging State academic standards
adopted by the State under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965; and
``(ii) earn a recognized postsecondary credential or
credit toward a recognized postsecondary credential, which
may be earned through a dual or concurrent enrollment
program or early college high school, at no cost to the
student or the student's family; and
``(C) facilitate work-based learning opportunities
(including internships, externships, and simulated work
environments) into programs of study;
``(5) for teachers, faculty, specialized instructional support
personnel, and paraprofessionals providing career and technical
education instruction, support services, and specialized
instructional support services, high-quality comprehensive
professional development that is, to the extent practicable,
grounded in evidence-based research (to the extent a State
determines that such evidence is reasonably available) that
identifies the most effective educator professional development
process and is coordinated and aligned with other professional
development activities carried out by the State (including under
title II of the Elementary and Secondary Education Act of 1965 and
title II of the Higher Education Act of 1965), including
programming that--
``(A) promotes the integration of the challenging State
academic standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and relevant technical knowledge and skills, including
programming jointly delivered to academic and career and
technical education teachers;
``(B) prepares career and technical education teachers,
faculty, specialized instructional support personnel, and
paraprofessionals to provide appropriate accommodations for
students who are members of special populations, including
through the use of principles of universal design for learning,
multi-tier systems of supports, and positive behavioral
interventions and support; and
``(C) increases the ability of teachers, faculty,
specialized instructional support personnel, and
paraprofessionals providing career and technical education
instruction to stay current with industry standards and earn an
industry-recognized credential or license, as appropriate,
including by assisting those with relevant industry experience
in obtaining State teacher licensure or credential
requirements;
``(6) supporting eligible recipients in eliminating inequities
in student access to--
``(A) high-quality programs of study that provide skill
development; and
``(B) effective teachers, faculty, specialized
instructional support personnel, and paraprofessionals;
``(7) awarding incentive grants to eligible recipients--
``(A) for exemplary performance in carrying out programs
under this Act, which awards shall be based on--
``(i) eligible recipients exceeding the local level of
performance on a core indicator of performance established
under section 113(b)(4)(A) in a manner that reflects
sustained or significant improvement;
``(ii) eligible recipients effectively developing
connections between secondary education and postsecondary
education and training;
``(iii) the integration of academic and technical
standards;
``(iv) eligible recipients' progress in closing
achievement gaps among subpopulations who participate in
programs of study; or
``(v) other factors relating to the performance of
eligible recipients under this Act as the eligible agency
determines are appropriate; or
``(B) if an eligible recipient elects to use funds as
permitted under section 135(c);
``(8) providing support for--
``(A) the adoption and integration of recognized
postsecondary credentials and work-based learning into programs
of study, and for increasing data collection associated with
recognized postsecondary credentials and employment outcomes;
or
``(B) consultation and coordination with other State
agencies for the identification and examination of licenses or
certifications that--
``(i) pose an unwarranted barrier to entry into the
workforce for career and technical education students; and
``(ii) do not protect the health, safety, or welfare of
consumers;
``(9) the creation, implementation, and support of pay for
success initiatives leading to a recognized postsecondary
credential;
``(10) support for career and technical education programs for
adults and out-of-school youth concurrent with their completion of
their secondary school education in a school or other educational
setting;
``(11) the creation, evaluation, and support of competency-
based curricula;
``(12) support for the development, implementation, and
expansion of programs of study or career pathways in areas declared
to be in a state of emergency under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191);
``(13) partnering with qualified intermediaries to improve
training, the development of public-private partnerships, systems
development, capacity-building, and scalability of the delivery of
high-quality career and technical education;
``(14) improvement of career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including academic and
financial aid counseling;
``(15) support for the integration of employability skills into
career and technical education programs and programs of study;
``(16) support for programs and activities that increase
access, student engagement, and success in science, technology,
engineering, and mathematics fields (including computer science,
coding, and architecture), support for the integration of arts and
design skills, and support for hands-on learning, particularly for
students who are members of groups underrepresented in such subject
fields, such as female students, minority students, and students
who are members of special populations;
``(17) support for career and technical student organizations,
especially with respect to efforts to increase the participation of
students in nontraditional fields and students who are members of
special populations;
``(18) support for establishing and expanding work-based
learning opportunities that are aligned to career and technical
education programs and programs of study;
``(19) integrating and aligning programs of study and career
pathways;
``(20) supporting the use of career and technical education
programs and programs of study aligned with State, regional, or
local high-skill, high-wage, or in-demand industry sectors or
occupations identified by the State workforce development board
described in section 101 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111) or local workforce development
boards;
``(21) making all forms of instructional content widely
available, which may include use of open educational resources;
``(22) developing valid and reliable assessments of
competencies and technical skills and enhancing data systems to
collect and analyze data on secondary and postsecondary academic
and employment outcomes;
``(23) support for accelerated learning programs, as described
in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary
Education Act of 1965, in the case of any such program that is part
of a career and technical education program of study;
``(24) support for career academies to implement a
postsecondary education and workforce-ready curriculum at the
secondary education level that integrates rigorous academic,
technical, and employability contents through career and technical
education programs and programs of study that address needs
described in the comprehensive needs assessment under section
134(c); and
``(25) other State leadership activities that improve career
and technical education.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (c); and
(5) in subsection (c), as redesignated by paragraph (4), by
striking the period at the end and inserting ``, unless expressly
authorized under subsection (a).''.
PART C--LOCAL PROVISIONS

38c4ab6e7586b4d214f8a0ce9d5daf6e6ad8d79b503bbc33b1543d3744379c3b

Section 131 (20 U.S.C. 2351) is amended--
(1) in subsection (a)(3)(B), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education'';
(2) in subsection (c)(2)(A)(ii), by inserting ``or programs of
study'' after ``technical education programs'';
(3) in subsection (g), by inserting ``and programs of study''
after ``technical education programs''; and
(4) in subsection (h), by striking ``Bureau of Indian Affairs''
and inserting ``Bureau of Indian Education''.

7f5c275d4cfb96c2eae0982769e3c9eae79acdb2aadd5d91ea0c618572549cbd

Section 133 (20 U.S.C. 2353) is amended by inserting ``or programs
of study'' after ``career and technical education programs'' each place
the term appears.

5bfd0d9f373b69b088cd8ce8f0164eb2de64a3f3e73f10eabafe7333f13bdbb6

PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) in the section heading, by striking ``local plan'' and
inserting ``local application'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Local Plan''
and inserting ``Local Application'';
(B) by striking ``submit a local plan'' and inserting
``submit a local application''; and
(C) by striking ``Such local plan'' and inserting ``Such
local application''; and
(3) by striking subsection (b) and inserting the following:
``(b) Contents.--The eligible agency shall determine the
requirements for local applications, except that each local application
shall contain--
``(1) a description of the results of the comprehensive needs
assessment conducted under subsection (c);
``(2) information on the career and technical education course
offerings and activities that the eligible recipient will provide
with funds under this part, which shall include not less than 1
program of study approved by a State under section 124(b)(2),
including--
``(A) how the results of the comprehensive needs assessment
described in subsection (c) informed the selection of the
specific career and technical education programs and activities
selected to be funded;
``(B) a description of any new programs of study the
eligible recipient will develop and submit to the State for
approval; and
``(C) how students, including students who are members of
special populations, will learn about their school's career and
technical education course offerings and whether each course is
part of a career and technical education program of study;
``(3) a description of how the eligible recipient, in
collaboration with local workforce development boards and other
local workforce agencies, one-stop delivery systems described in
section 121(e)(2) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3151(e)(2)), and other partners, will provide--
``(A) career exploration and career development coursework,
activities, or services;
``(B) career information on employment opportunities that
incorporate the most up-to-date information on high-skill,
high-wage, or in-demand industry sectors or occupations, as
determined by the comprehensive needs assessment described in
subsection (c); and
``(C) an organized system of career guidance and academic
counseling to students before enrolling and while participating
in a career and technical education program;
``(4) a description of how the eligible recipient will improve
the academic and technical skills of students participating in
career and technical education programs by strengthening the
academic and career and technical education components of such
programs through the integration of coherent and rigorous content
aligned with challenging academic standards and relevant career and
technical education programs to ensure learning in the subjects
that constitute a well-rounded education (as defined in section
8101 of the Elementary and Secondary Education Act of 1965);
``(5) a description of how the eligible recipient will--
``(A) provide activities to prepare special populations for
high-skill, high-wage, or in-demand industry sectors or
occupations that will lead to self-sufficiency;
``(B) prepare CTE participants for non-traditional fields;
``(C) provide equal access for special populations to
career and technical education courses, programs, and programs
of study; and
``(D) ensure that members of special populations will not
be discriminated against on the basis of their status as
members of special populations;
``(6) a description of the work-based learning opportunities
that the eligible recipient will provide to students participating
in career and technical education programs and how the recipient
will work with representatives from employers to develop or expand
work-based learning opportunities for career and technical
education students, as applicable;
``(7) a description of how the eligible recipient will provide
students participating in career and technical education programs
with the opportunity to gain postsecondary credit while still
attending high school, such as through dual or concurrent
enrollment programs or early college high school, as practicable;
``(8) a description of how the eligible recipient will
coordinate with the eligible agency and institutions of higher
education to support the recruitment, preparation, retention, and
training, including professional development, of teachers, faculty,
administrators, and specialized instructional support personnel and
paraprofessionals who meet applicable State certification and
licensure requirements (including any requirements met through
alternative routes to certification), including individuals from
groups underrepresented in the teaching profession; and
``(9) a description of how the eligible recipient will address
disparities or gaps in performance as described in section
113(b)(3)(C)(ii)(II) in each of the plan years, and if no
meaningful progress has been achieved prior to the third program
year, a description of the additional actions such recipient will
take to eliminate those disparities or gaps.
``(c) Comprehensive Needs Assessment.--
``(1) In general.--To be eligible to receive financial
assistance under this part, an eligible recipient shall--
``(A) conduct a comprehensive local needs assessment
related to career and technical education and include the
results of the needs assessment in the local application
submitted under subsection (a); and
``(B) not less than once every 2 years, update such
comprehensive local needs assessment.
``(2) Requirements.--The comprehensive local needs assessment
described in paragraph (1) shall include each of the following:
``(A) An evaluation of the performance of the students
served by the eligible recipient with respect to State
determined and local levels of performance established pursuant
to section 113, including an evaluation of performance for
special populations and each subgroup described in section
1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act
of 1965.
``(B) A description of how career and technical education
programs offered by the eligible recipient are--
``(i) sufficient in size, scope, and quality to meet
the needs of all students served by the eligible recipient;
and
``(ii)(I) aligned to State, regional, Tribal, or local
in-demand industry sectors or occupations identified by the
State workforce development board described in section 101
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3111) (referred to in this section as the `State board') or
local workforce development board, including career
pathways, where appropriate; or
``(II) designed to meet local education or economic
needs not identified by State boards or local workforce
development boards.
``(C) An evaluation of progress toward the implementation
of career and technical education programs and programs of
study.
``(D) A description of how the eligible recipient will
improve recruitment, retention, and training of career and
technical education teachers, faculty, specialized
instructional support personnel, paraprofessionals, and career
guidance and academic counselors, including individuals in
groups underrepresented in such professions.
``(E) A description of progress toward implementation of
equal access to high-quality career and technical education
courses and programs of study for all students, including--
``(i) strategies to overcome barriers that result in
lower rates of access to, or performance gaps in, the
courses and programs for special populations;
``(ii) providing programs that are designed to enable
special populations to meet the local levels of
performance; and
``(iii) providing activities to prepare special
populations for high-skill, high-wage, or in-demand
industry sectors or occupations in competitive, integrated
settings that will lead to self-sufficiency.
``(d) Consultation.--In conducting the comprehensive needs
assessment under subsection (c), and developing the local application
described in subsection (b), an eligible recipient shall involve a
diverse body of stakeholders, including, at a minimum--
``(1) representatives of career and technical education
programs in a local educational agency or educational service
agency, including teachers, career guidance and academic
counselors, principals and other school leaders, administrators,
and specialized instructional support personnel and
paraprofessionals;
``(2) representatives of career and technical education
programs at postsecondary educational institutions, including
faculty and administrators;
``(3) representatives of the State board or local workforce
development boards and a range of local or regional businesses or
industries;
``(4) parents and students;
``(5) representatives of special populations;
``(6) representatives of regional or local agencies serving
out-of-school youth, homeless children and youth, and at-risk youth
(as defined in section 1432 of the Elementary and Secondary
Education Act of 1965);
``(7) representatives of Indian Tribes and Tribal organizations
in the State, where applicable; and
``(8) any other stakeholders that the eligible agency may
require the eligible recipient to consult.
``(e) Continued Consultation.--An eligible recipient receiving
financial assistance under this part shall consult with stakeholders
described in subsection (d) on an ongoing basis, as determined by the
eligible agency. This may include consultation in order to--
``(1) provide input on annual updates to the comprehensive
needs assessment required under subsection (c)(1)(B);
``(2) ensure programs of study are--
``(A) responsive to community employment needs;
``(B) aligned with employment priorities in the State,
regional, tribal, or local economy identified by employers and
the entities described in subsection (d), which may include in-
demand industry sectors or occupations identified by the local
workforce development board;
``(C) informed by labor market information, including
information provided under section 15(e)(2)(C) of the Wagner-
Peyser Act (29 U.S.C. 491-2(e)(2)(C));
``(D) designed to meet current, intermediate, or long-term
labor market projections; and
``(E) allow employer input, including input from industry
or sector partnerships in the local area, where applicable,
into the development and implementation of programs of study to
ensure such programs of study align with skills required by
local employment opportunities, including activities such as
the identification of relevant standards, curriculum, industry-
recognized credentials, and current technology and equipment;
``(3) identify and encourage opportunities for work-based
learning; and
``(4) ensure funding under this part is used in a coordinated
manner with other local resources.''.

135c7233d8eb36ca02fee314282786c58c0d43150ce40ed862a2342824e28fb4

Section 135 (20 U.S.C. 2355) is amended to read as follows:
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that receives
funds under this part shall use such funds to develop, coordinate,
implement, or improve career and technical education programs to meet
the needs identified in the comprehensive needs assessment described in
section 134(c).
``(b) Requirements for Uses of Funds.--Funds made available to
eligible recipients under this part shall be used to support career and
technical education programs that are of sufficient size, scope, and
quality to be effective and that--
``(1) provide career exploration and career development
activities through an organized, systematic framework designed to
aid students, including in the middle grades, before enrolling and
while participating in a career and technical education program, in
making informed plans and decisions about future education and
career opportunities and programs of study, which may include--
``(A) introductory courses or activities focused on career
exploration and career awareness, including non-traditional
fields;
``(B) readily available career and labor market
information, including information on--
``(i) occupational supply and demand;
``(ii) educational requirements;
``(iii) other information on careers aligned to State,
local, or Tribal (as applicable) economic priorities; and
``(iv) employment sectors;
``(C) programs and activities related to the development of
student graduation and career plans;
``(D) career guidance and academic counselors that provide
information on postsecondary education and career options;
``(E) any other activity that advances knowledge of career
opportunities and assists students in making informed decisions
about future education and employment goals, including non-
traditional fields; or
``(F) providing students with strong experience in, and
comprehensive understanding of, all aspects of an industry;
``(2) provide professional development for teachers, faculty,
school leaders, administrators, specialized instructional support
personnel, career guidance and academic counselors, or
paraprofessionals, which may include--
``(A) professional development on supporting individualized
academic and career and technical education instructional
approaches, including the integration of academic and career
and technical education standards and curricula;
``(B) professional development on ensuring labor market
information is used to inform the programs, guidance, and
advisement offered to students, including information provided
under section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C.
49l-2(e)(2)(C));
``(C) providing teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or paraprofessionals,
as appropriate, with opportunities to advance knowledge,
skills, and understanding of all aspects of an industry,
including the latest workplace equipment, technologies,
standards, and credentials;
``(D) supporting school leaders and administrators in
managing career and technical education programs in the
schools, institutions, or local educational agencies of such
school leaders or administrators;
``(E) supporting the implementation of strategies to
improve student achievement and close gaps in student
participation and performance in career and technical education
programs;
``(F) providing teachers, faculty, specialized
instructional support personnel, career guidance and academic
counselors, principals, school leaders, or paraprofessionals,
as appropriate, with opportunities to advance knowledge,
skills, and understanding in pedagogical practices, including,
to the extent the eligible recipient determines that such
evidence is reasonably available, evidence-based pedagogical
practices;
``(G) training teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or paraprofessionals,
as appropriate, to provide appropriate accommodations for
individuals with disabilities, and students with disabilities
who are provided accommodations under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) or the Individuals with
Disabilities Education Act;
``(H) training teachers, faculty, specialized instructional
support personnel, career guidance and academic counselors, and
paraprofessionals in frameworks to effectively teach students,
including a particular focus on students with disabilities and
English learners, which may include universal design for
learning, multi-tier systems of supports, and positive
behavioral interventions and support; or
``(I) training for the effective use of community spaces
that provide access to tools, technology, and knowledge for
learners and entrepreneurs, such as makerspaces or libraries;
``(3) provide within career and technical education the skills
necessary to pursue careers in high-skill, high-wage, or in-demand
industry sectors or occupations;
``(4) support integration of academic skills into career and
technical education programs and programs of study to support--
``(A) CTE participants at the secondary school level in
meeting the challenging State academic standards adopted under
section 1111(b)(1) of the Elementary and Secondary Education
Act of 1965 by the State in which the eligible recipient is
located; and
``(B) CTE participants at the postsecondary level in
achieving academic skills;
``(5) plan and carry out elements that support the
implementation of career and technical education programs and
programs of study and that result in increasing student achievement
of the local levels of performance established under section 113,
which may include--
``(A) a curriculum aligned with the requirements for a
program of study;
``(B) sustainable relationships among education, business
and industry, and other community stakeholders, including
industry or sector partnerships in the local area, where
applicable, that are designed to facilitate the process of
continuously updating and aligning programs of study with
skills that are in demand in the State, regional, or local
economy, and in collaboration with business outreach staff in
one-stop centers, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102), and other
appropriate organizations, including community-based and youth-
serving organizations;
``(C) where appropriate, expanding opportunities for CTE
concentrators to participate in accelerated learning programs
(as described in section 4104(b)(3)(A)(i)(IV) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(A)(i)(IV)), including dual or concurrent enrollment
programs, early college high schools, and the development or
implementation of articulation agreements as part of a career
and technical education program of study;
``(D) appropriate equipment, technology, and instructional
materials (including support for library resources) aligned
with business and industry needs, including machinery, testing
equipment, tools, implements, hardware and software, and other
new and emerging instructional materials;
``(E) a continuum of work-based learning opportunities,
including simulated work environments;
``(F) industry-recognized certification examinations or
other assessments leading toward a recognized postsecondary
credential;
``(G) efforts to recruit and retain career and technical
education program teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, and paraprofessionals;
``(H) where applicable, coordination with other education
and workforce development programs and initiatives, including
career pathways and sector partnerships developed under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) and other Federal laws and initiatives that provide
students with transition-related services, including the
Individuals with Disabilities Education Act;
``(I) expanding opportunities for students to participate
in distance career and technical education and blended-learning
programs;
``(J) expanding opportunities for students to participate
in competency-based education programs;
``(K) improving career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including academic
and financial aid counseling;
``(L) supporting the integration of employability skills
into career and technical education programs and programs of
study, including through family and consumer science programs;
``(M) supporting programs and activities that increase
access, student engagement, and success in science, technology,
engineering, and mathematics fields (including computer science
and architecture) for students who are members of groups
underrepresented in such subject fields;
``(N) providing career and technical education, in a school
or other educational setting, for adults or out-of-school youth
to complete secondary school education or upgrade technical
skills;
``(O) supporting career and technical student
organizations, including student preparation for and
participation in technical skills competitions aligned with
career and technical education program standards and curricula;
``(P) making all forms of instructional content widely
available, which may include use of open educational resources;
``(Q) supporting the integration of arts and design skills,
when appropriate, into career and technical education programs
and programs of study;
``(R) partnering with a qualified intermediary to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of the
delivery of high-quality career and technical education;
``(S) support to reduce or eliminate out-of-pocket expenses
for special populations participating in career and technical
education, including those participating in dual or concurrent
enrollment programs or early college high school programs, and
supporting the costs associated with fees, transportation,
child care, or mobility challenges for those special
populations; or
``(T) other activities to improve career and technical
education programs; and
``(6) develop and implement evaluations of the activities
carried out with funds under this part, including evaluations
necessary to complete the comprehensive needs assessment required
under section 134(c) and the local report required under section
113(b)(4)(B).
``(c) Pooling Funds.--An eligible recipient may pool a portion of
funds received under this Act with a portion of funds received under
this Act available to one or more eligible recipients to support
implementation of programs of study through the activities described in
subsection (b)(2).
``(d) Administrative Costs.--Each eligible recipient receiving
funds under this part shall not use more than 5 percent of such funds
for costs associated with the administration of activities under this
section.''.

f8f3a3323e162cf003ef71cd3bcafd019d7e0754a92946527dbd52417f48bda0

(a) In General.--The Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 311--
(A) in subsection (a), by striking ``and tech prep program
activities''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (A) to read as
follows:
``(A) In general.--Except as provided in subparagraph (B),
(C), or (D), in order for a State to receive its full allotment
of funds under this Act for any fiscal year, the Secretary must
find that the State's fiscal effort per student, or the
aggregate expenditures of such State, with respect to career
and technical education for the preceding fiscal year was not
less than the fiscal effort per student, or the aggregate
expenditures of such State, for the second preceding fiscal
year.'';
(II) in subparagraph (B), by striking ``shall
exclude capital expenditures, special 1-time project
costs, and the cost of pilot programs.'' and inserting
``shall, at the request of the State, exclude
competitive or incentive-based programs established by
the State, capital expenditures, special one-time
project costs, and the cost of pilot programs.''; and
(III) by adding at the end the following:
``(D) Establishing the state baseline.--For purposes of
applying subparagraph (A) for years which require the
calculation of the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to career
and technical education for the first full fiscal year
following the date of enactment of the Strengthening Career and
Technical Education for the 21st Century Act, the State may
determine the State's fiscal effort per student, or aggregate
expenditures of such State, with respect to career and
technical education for such first full fiscal year by--
``(i) continuing to use the State's fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, as was in effect
on the day before the date of enactment of the
Strengthening Career and Technical Education for the 21st
Century Act; or
``(ii) establishing a new level of fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, which is not
less than 95 percent of the State's fiscal effort per
student, or the aggregate expenditures of such State, with
respect to career and technical education for the preceding
fiscal year.'';
(ii) by striking paragraph (2) and inserting the
following:
``(2) Failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
a State's allotment of funds under this Act for any fiscal year
in the exact proportion by which the State fails to meet the
requirement of paragraph (1) by falling below the State's
fiscal effort per student or the State's aggregate expenditures
(using the measure most favorable to the State), if the State
failed to meet such requirement (as determined using the
measure most favorable to the State) for 1 or more of the 5
immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive paragraph (2) due to
exceptional or uncontrollable circumstances affecting the ability
of the State to meet the requirement of paragraph (1) such as a
natural disaster or an unforeseen and precipitous decline in
financial resources. No level of funding permitted under such a
waiver may be used as the basis for computing the fiscal effort or
aggregate expenditures required under this section for years
subsequent to the year covered by such waiver. The fiscal effort or
aggregate expenditures for the subsequent years shall be computed
on the basis of the level of funding that would, but for such
waiver, have been required.'';
(2) in section 314(1), by striking ``career path or major'' and
inserting ``career pathway or program of study'';
(3) in section 315--
(A) by inserting ``or programs of study'' after ``career
and technical education programs''; and
(B) by striking ``seventh grade'' and inserting ``the
middle grades (as such term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965)'';
(4) in section 317(b)--
(A) in paragraph (1)--
(i) by inserting ``, including programs of study,''
after ``activities''; and
(ii) by striking ``who reside in the geographical area
served by'' and inserting ``in areas served by''; and
(B) in paragraph (2)--
(i) by striking ``the geographical area'' and inserting
``areas''; and
(ii) by inserting ``, including programs of study,''
after ``activities'';
(5) by striking title II and redesignating title III as title
II;
(6) by redesignating sections 311 through 318, as amended by
this section, as sections 211 through 218, respectively;
(7) by redesignating sections 321 through 324 as sections 221
through 224, respectively; and
(8) by inserting after section 218 (as so redesignated) the
following:
``SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL, HIGH-
WAGE OCCUPATIONS.
``(a) Scope of Study.--The Comptroller General of the United States
shall conduct a study to evaluate--
``(1) the strategies, components, policies, and practices used
by eligible agencies or eligible recipients receiving funding under
this Act to successfully assist--
``(A) all students in pursuing and completing programs of
study aligned to high-skill, high-wage occupations; and
``(B) any special population or specific subgroup of
students identified in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 in pursuing and
completing programs of study aligned to high-skill, high-wage
occupations in fields in which such special population or
subgroup is underrepresented; and
``(2) any challenges associated with replication of such
strategies, components, policies, and practices.
``(b) Consultation.--In carrying out the study conducted under
subsection (a), the Comptroller General of the United States shall
consult with a geographically diverse (including urban, suburban, and
rural) representation of--
``(1) students and parents;
``(2) eligible agencies and eligible recipients;
``(3) teachers, faculty, specialized instructional support
personnel, and paraprofessionals, including those with expertise in
preparing career and technical education students for non-
traditional fields;
``(4) Indian Tribes and Tribal organizations;
``(5) special populations; and
``(6) representatives of business and industry.
``(c) Submission.--Upon completion, the Comptroller General of the
United States shall submit the study conducted under subsection (a) to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
(b) Conforming Amendment.--Section 8(a) (20 U.S.C. 2306a(a)) is
amended by striking ``311(b), and 323'' and inserting ``211(b), and
223''.

035effe70a6a330a7aa698631a072af26a8fe90acc146d1d8d69c6fc86a458e2

TITLE II

-GENERAL PROVISIONS

Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)(2))
is amended--
(1) by striking subparagraph (B) and inserting the following:
``(B) consult with eligible agencies (defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302)), State educational agencies, and local
educational agencies concerning the provision of workforce and
labor market information in order to--
``(i) meet the needs of secondary school and
postsecondary school students who seek such information;
and
``(ii) annually inform the development and
implementation of programs of study defined in section 3 of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302), and career pathways;'';
(2) in subparagraph (G), by striking ``and'' after the
semicolon;
(3) in subparagraph (H), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(I) provide, on an annual and timely basis to each
eligible agency (defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302)),
the data and information described in subparagraphs (A) and (B)
of subsection (a)(1).''.

f89dc1b59d2ec3391d7a7d940fafac5f5b53e7aca136ad1134a9beb0f5d16dd9

OF 1965.
(1) Section 1111(h)(1)(C)(xiv) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(xiv)) is amended by
striking ``attaining career and technical proficiencies (as defined
by section 113(b) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States
only in a manner consistent with section 113(c) of such Act (20
U.S.C. 2323(c))'' and inserting ``meeting State determined levels
of performance for core indicators, as defined by section
113(b)(3)(A) of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported by States only
in a manner consistent with section 113(b)(3)(C) of such Act (20
U.S.C. 2323(b)(3)(C))''.
(2) Section 6115(b)(6) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7425(b)(6)) is amended by striking
``tech-prep education, mentoring,'' and inserting ``mentoring''.
(3) Section 6304(a)(3)(K) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7544(a)(3)(K)) is amended by
striking ``tech-prep,''.

1f48475bc6effa99d4b3689b768037597bdba3c5976cb76e312013911e9a5ac7

ACT.
Section 134(c)(2)(A)(vii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(vii)) is amended by striking
``school dropouts'' and inserting ``out-of-school youth''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

87a38fea9df05e8229c9fe2b14e68b1234e593f4ea0b816b50aa79d630e92a4c

Strengthening Career and Technical Education for the 21st Century Act

Other Sections

TITLE I

TITLE III

TITLE II

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