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BILL TEXT Report for H.R.7
As finally approved by the House and Senate (Enrolled)
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H.R.7
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of
January, one thousand nine hundred and ninety
An Act
To amend the Carl D. Perkins Vocational Education Act to improve the
provision of services under such Act and to extend the authorities contained
in such Act through the fiscal year 1995, and for other purposes.
==============================
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) This Act.--This Act may be cited as the "Carl D. Perkins Vocational and
Applied Technology Education Act Amendments of 1990".
(b) Amendments.--Section 1 of the Carl D. Perkins Vocational Education Act
(in this Act referred to as the "Act") (20 U.S.C. 2301 note) is amended to
read as follows:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a) Short Title.--This Act may be cited as the 'Carl D. Perkins Vocational
and Applied Technology 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.
"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. Demonstration 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 D--National Council on Vocational Education
"Sec. 431. Council established.
"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.
Section 2 of the Act (20 U.S.C. 2301) is amended to read as follows:
"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. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Act (20 U.S.C. 2302) is amended to read as follows:
"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.
"(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.".
SEC. 4. INTERDEPARTMENTAL TASK FORCE ON COORDINATION OF VOCATIONAL EDUCATION
AND RELATED PROGRAMS.
(a) Establishment.--There is established the Interdepartmental Task Force
on Vocational Education and Related Programs (in this section referred to as
the "Task Force").
(b) Membership.--The Task Force shall consist of the Secretary of
Education, the Secretary of Labor, the Secretary of Health and Human
Services, and such other personnel of the Department of Education, the
Department of Labor, and the Department of Health and Human Services as the
Secretaries consider appropriate.
(c) Duties.--The Task Force shall--
(1) examine principal data required for programs under the Adult
Education Act, the Carl D. Perkins Vocational and Applied Technology
Education Act, the Job Training Partnership Act, the Rehabilitation Act
of 1973, and the Wagner-Peyser Act;
(2) examine possible common objectives, definitions, measures, and
standards for such programs; and
(3) consider integration of research and development conducted with
Federal assistance in the area of vocational education and related areas,
including areas of emerging technologies.
(d) Report to Congress.--The Task Force shall, every 2 years, submit a
report on its findings to the appropriate committees of the Congress.
SEC. 5. JOINT FUNDING.
(a) Job Training Partnership Act.--(1) Section 123 of the Job Training
Partnership Act (29 U.S.C. 1533) is amended by adding at the end the
following new subsection:
"(e)(1) Sums available for this section pursuant to section 202(b)(1) may
be used to provide additional funds under an applicable program if--
"(A) such program otherwise meets the requirements of this Act and the
requirements of the applicable program;
"(B) such program serves the same individuals that are served under
this section;
"(C) such program provides services in a coordinated manner with
services provided under this section; and
"(D) such funds would be used to supplement, and not supplant, funds
provided from non-Federal sources.
"(2) For purposes of this subsection, the term 'applicable program' means
any program under any of the following provisions of law:
"(A) The Carl D. Perkins Vocational and Applied Technology Education
Act.
"(B) The Wagner-Peyser Act.".
(2) Section 204 of the Job Training Partnership Act (29 U.S.C. 1604) is
amended--
(A) by inserting "(a)" after "Sec. 204."; and
(B) by adding at the end the following new subsection:
"(b)(1) Funds provided under this title may be used to provide additional
funds under an applicable program if--
"(A) such program otherwise meets the requirements of this Act and the
requirements of the applicable program;
"(B) such program serves the same individuals that are served under
this title;
"(C) such program provides services in a coordinated manner with
services provided under this title; and
"(D) such funds would be used to supplement, and not supplant, funds
provided from non-Federal sources.
"(2) For purposes of this subsection, the term 'applicable program' means
any program under any of the following provisions of law:
"(A) The Carl D. Perkins Vocational and Applied Technology Education
Act.
"(B) The Wagner-Peyser Act.".
(3) Section 314 of the Job Training Partnership Act (29 U.S.C. 1661c) is
amended by adding at the end the following new subsection:
"(g) Joint Funding.--(1) Funds allotted under section 302 may be used to
provide additional funds under an applicable program if--
"(A) such program otherwise meets the requirements of this Act and the
requirements of the applicable program;
"(B) such program serves the same individuals that are served under
this title;
"(C) such program provides services in a coordinated manner with
services provided under this title; and
"(D) such funds would be used to supplement, and not supplant, funds
provided from non-Federal sources.
"(2) For purposes of this subsection, the term 'applicable program' means
any program under any of the following provisions of law:
"(A) The Carl D. Perkins Vocational and Applied Technology Education
Act.
"(B) The Wagner-Peyser Act.".
(b) Wagner-Peyser Act.--Section 7 of the Wagner-Peyser Act (29 U.S.C. 49f)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
"(c)(1) Funds made available to States under this section may be used to
provide additional funds under an applicable program if--
"(A) such program otherwise meets the requirements of this Act and the
requirements of the applicable program;
"(B) such program serves the same individuals that are served under
this Act;
"(C) such program provides services in a coordinated manner with
services provided under this Act; and
"(D) such funds would be used to supplement, and not supplant, funds
provided from non-Federal sources.
"(2) For purposes of this subsection, the term 'applicable program' means
any program under any of the following provisions of law:
"(A) The Carl D. Perkins Vocational and Applied Technology Education
Act.
"(B) Section 123, title II, and title III of the Job Training
Partnership Act.".
TITLE I--VOCATIONAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 101. ALLOTMENT.
(a) In General.--Section 101 of the Act (20 U.S.C. 2311) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
"(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.";
(B) in paragraph (3)--
(i) in clause (i) of subparagraph (B)--
(I) by striking "subparagraph (A)" and inserting
"subparagraphs (A), (C), and (D)"; and
(II) by striking "(D), or (E)" each place it appears and
inserting "or (D)";
(ii) by amending subparagraph (C) to read as follows:
"(C) In the case of the Virgin Islands, the minimum allotment for
all programs under this Act shall not be less than $200,000.";
(iii) by adding at the end the following:
"(D)(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.";
(2) in subparagraph (B) of subsection (c)(1), by striking ", Guam,
American Samoa, the Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands" each place such phrase appears
and inserting "and the Virgin Islands"; and
(3) by adding at the end the following:
"(d) For the purpose of this section, the term 'State' means any 1 of the
50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the
Virgin Islands.".
(b) The Territories.--Part A of title I of the Act (20 U.S.C. 2311 et seq.)
is amended by inserting after section 101 the following:
"SEC. 101A. THE TERRITORIES.
"(a) The Territories.--From funds reserved pursuant to section
101(a)(1)(C), the Secretary shall--
"(1) make a grant in the amount of $500,000 to Guam; and
"(2) make a grant in the amount of $190,000 to each of American Samoa,
the Commonwealth of 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).
"(b) Remainder.--Subject to the provisions of subsection (a), the Secretary
shall make a grant of the remainder of funds reserved pursuant to section
101(a)(1)(C) to the Center for the Advancement of Pacific Education,
Honolulu, Hawaii, or its successor entity as the Pacific regional educational
laboratory to make grants for vocational education and training in Guam,
American Samoa, Palau, the Commonwealth of the Northern Marianas, the
Federated States of Micronesia, and the Republic of the Marshall Islands, for
the purpose of providing direct educational services, including--
"(1) teacher and counselor training and retraining;
"(2) curriculum development; and
"(3) improving vocational education and training programs in secondary
schools and institutions of higher education, or improving cooperative
programs involving both secondary schools and institutions of higher
education.
"(c) Limitation.--The Center for the Advancement of Pacific Education may
use not more than 5 percent of the funds received pursuant to subsection (b)
for administrative costs.".
SEC. 102. WITHIN STATE ALLOCATION.
Section 102 of the Act (20 U.S.C. 2312) is amended to read as follows:
"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;
"(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) an amount equal to not more than 8.5 percent of the allotment
shall be available only for State programs and activities described in
section 201;
"(4) the State may use for administration of the State plan an amount
that does not exceed 5 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
"(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).
"(c) Hold Harmless Provision.--(1) Except as provided in paragraph (2) 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, the sex equity program under section 222, and the
program for criminal offenders under section 225, respectively, an amount
that is not less than the amount such State reserved for each such program in
the fiscal year 1990.
"(2) 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 year 1990, such State shall ratably
reduce the amounts reserved under paragraph (1).".
SEC. 103. INDIAN AND HAWAIIAN NATIVES PROGRAMS.
Paragraph (1) of section 103(b) of the Act (20 U.S.C. 2313) is amended to
read as follows:
"(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.".
PART B--STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES
SEC. 111. STATE ADMINISTRATION.
Section 111 of the Act (20 U.S.C. 2321) is amended--
(1) in subsection (a)(1)(A), by striking "113(b)(9)" and inserting
"113(b)(8), section 116, and section 117";
(2) in subsection (a)(1)(C), by inserting ", including business,
industry, and labor," before "involved";
(3) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking "201(f)" and inserting "221"; and
(ii) by striking "201(g)" and inserting "222";
(B) by redesignating subparagraphs (C), (D), (E), (F), and (G), as
subparagraphs (D), (E), (F), (G), and (H), respectively;
(C) by striking "and" at the end of subparagraph (F) (as
redesignated by subparagraph (B) of this paragraph);
(D) by striking the period at the end of subparagraph (G) (as
redesignated by subparagraph (B) of this paragraph) and inserting a
semicolon; and
(E) by inserting after subparagraph (B) the following:
"(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;"; and
(F) by adding at the end the following:
"(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.";
(4) in subsection (b)(3) by inserting "from funds allocated under
section 102(a)(4)(A)" before "expend";
(5) by striking subsection (e);
(6) by redesignating subsections (c) and (d) as subsections (f) and
(g), respectively; and
(7) by inserting the following new subsections after subsection (b):
"(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 Education of the Handicapped 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 chapter 1 of 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.".
SEC. 112. STATE COUNCIL ON VOCATIONAL EDUCATION.
Section 112 of the Act (20 U.S.C. 2322) is amended--
(1) in subsection (a)(1)(A), by inserting "trade organizations," after
"industry,";
(2) in subsection (a)(2), by striking the period at the end and
inserting "and may include members of vocational student organizations
and school board members.";
(3) in subsection (a), by inserting the following new sentence at the
end of the matter following paragraph (2): "No employee of the State
board shall serve on the State council.";
(4) in subsection (d)(2), by--
(A) striking "advise" and inserting "make recommendations to";
(B) redesignating subparagraphs (A) and (B) as subparagraphs (B)
and (C), respectively; and
(C) inserting the following new subparagraph (A) before
subparagraph (B) (as redesignated by subparagraph (B) of this
paragraph):
"(A) the State plan;";
(5) in subsection (d)(8), by--
(A) striking "the individuals described in section 201(b)" and
inserting "individuals who are members of special populations"; and
(B) striking "and" at the end;
(6) by striking subsection (d)(9) and inserting the following new
paragraphs:
"(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.";
(7) in subsection (e) by inserting the following new sentences at the
end: "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.";
(8) by amending subsection (f)(1)(A) to read as follows:
"(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;"; and
(9) by amending subsection (f)(1)(B) to read as follows:
"(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.".
SEC. 113. STATE PLAN.
Section 113 of the Act (20 U.S.C. 2323) is amended to read as follows:
"SEC. 113. STATE PLAN.
"(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.
"(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.
"(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, chapter 1 of title I of the Elementary and Secondary Education Act
of 1965, the Education of the Handicapped 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.".
SEC. 114. STATE PLAN APPROVAL.
Section 114 of the Act (20 U.S.C. 2324) is amended to read as follows:
"SEC. 114. STATE PLAN APPROVAL.
"(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.".
SEC. 115. STATE AND LOCAL STANDARDS AND MEASURES.
Section 115 of the Act (20 U.S.C. 2325) is amended to read as follows:
"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
Education of the Handicapped Act, the State administrator of programs
assisted under chapter 1 of title I of the Elementary and Secondary Education
Act, 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 Education
of the Handicapped 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 AND EVALUATION.
Part B of title I of the Act (20 U.S.C. 2321 et seq.) is amended by adding
at the end the following:
"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 Education of the Handicapped 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 Education of the Handicapped 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 Education of the
Handicapped 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 Education of the Handicapped 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 Education of the
Handicapped 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 Education of the Handicapped 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
SEC. 201. BASIC STATE GRANTS.
Title II of the Act is amended to read as follows:
"TITLE II--BASIC STATE GRANTS FOR VOCATIONAL EDUCATION
"PART A--STATE PROGRAMS
"SEC. 201. STATE PROGRAMS AND STATE LEADERSHIP.
"(a) General Authority.--From amounts reserved under section 102(a)(3),
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.
"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 1005 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 Education of the
Handicapped 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 program for aid to dependent children under part A of title
IV of the Social Security Act.
"(iii) Benefits under the Food Stamp Act of 1977.
"(iv) Services under chapter 1 of 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.--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 within the State. Each such eligible institution 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 in the preceding
fiscal year bears to the number of such recipients enrolled in such programs
within the State in such year.
"(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 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
within the State who--
"(A) receive need-based postsecondary financial aid provided from
public funds;
"(B) are members of families participating in the program for aid
to families with dependent children 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 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 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' has the meaning given
that term in section 435(b) of the Higher Education Act of 1965; 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.".
TITLE III--SPECIAL PROGRAMS
SEC. 301. USE OF FUNDS.
Section 302(b) of the Act (20 U.S.C. 2352(b)) is amended by--
(1) redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively; and
(2) inserting the following new paragraph (6) after paragraph (5):
"(6) model programs for school dropouts;".
SEC. 302. CONSUMER AND HOMEMAKING EDUCATION.
Paragraph (2) of section 311 of the Act (20 U.S.C. 2361) is amended by
inserting "individual and family health," after "food and nutrition,".
SEC. 303. USE OF FUNDS FROM CONSUMER AND HOMEMAKING EDUCATION GRANTS.
Section 312 of the Act (20 U.S.C. 2362) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "in" and inserting "for residents
of"; and
(B) in paragraph (3), by inserting after "encourage" the following:
", in cooperation with the individual appointed under section
111(b)(1),";
(2) in paragraph (1) of subsection (b)--
(A) by striking "managing home and work responsibilities" and
inserting "balancing work and family";
(B) by inserting after "family crises" the following: "(including
family violence and child abuse)";
(C) by inserting after "parenting skills" the following:
"(especially among teenage parents), preventing teenage pregnancy";
(D) by striking "handicapped individuals," and inserting
"individuals with handicaps, and members of at-risk populations
(including the homeless),"; and
(E) by striking "improving nutrition," and inserting "improving
individual, child, and family nutrition and wellness,".
SEC. 304. INFORMATION DISSEMINATION AND LEADERSHIP.
The second sentence of subsection (a) of section 313 of the Act (20 U.S.C.
2363) is amended--
(1) by inserting after "State leadership" the following: "and full time
State administrators"; and
(2) by inserting "educational" after "experience and".
SEC. 305. ADULT TRAINING, RETRAINING, AND EMPLOYMENT DEVELOPMENT.
Part C of title III of the Act (20 U.S.C. 2371 et seq.) is repealed.
SEC. 306. COMPREHENSIVE CAREER GUIDANCE AND COUNSELING PROGRAMS.
(a) Redesignations.--(1) Title III of the Act (20 U.S.C. 2351 et seq.) is
amended by redesignating part D as part C.
(2) Sections 331, 332, and 333 of the Act (20 U.S.C. 2381, 2382, 2383) are
redesignated as sections 321, 322, and 323, respectively.
(b) Amendment to Part Heading.--The heading for part D of title III of the
Act (as redesignated in subsection (a)(1)) is redesignated as the heading to
part C.
(c) Use of Funds From Career Guidance and Counseling Grants.--Section 322
of the Act (as redesignated by subsection (a)(2)) (20 U.S.C. 2382) is amended
in paragraph (2) of subsection (b), by inserting after "equipment
acquisition," the following: "development of career information delivery
systems,".
SEC. 307. BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING.
(a) Redesignations.--(1) Title III of the Act (20 U.S.C. 2351 et seq.) is
amended by redesignating part E as part D.
(2) Sections 341, 342, and 343 of the Act (20 U.S.C. 2391, 2392, 2393) are
redesignated as sections 331, 332, and 333, respectively.
(b) Amendment to Part Heading.--The heading for part D of title III of the
Act (as redesignated by subsection (a)(1)) is amended to read as follows:
"PART D--BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING".
(c) Findings and Purpose.--Section 331 of the Act (as redesignated by
subsection (a)(2)) (20 U.S.C. 2391) is amended to read as follows:
"SEC. 331. FINDINGS AND PURPOSE.
"The Congress finds that--
"(1) there is a need to infuse resources into the schools for the
purpose of improving the quality of vocational education; and
"(2) there is a need to fulfill the needs of business for skilled
employees who meet certain minimal standards in key occupational areas.".
(d) Authorization of Grants.--Section 332 of the Act (as redesignated by
subsection (a)(2)) (20 U.S.C. 2392) is amended--
(1) by amending subsection (a) to read as follows:
"(a)(1) From amounts authorized under section 3(d)(1)(D) that are made
available for this part, the Secretary shall make grants to States to enable
States to award grants to partnerships among--
"(A) an area vocational education school, a State agency, a local
educational agency, a secondary school funded by the Bureau of Indian
Affairs, an institution of higher education, a State corrections
educational agency or an adult learning center; and
"(B) business, industry, labor organizations, or apprenticeship
programs;
to carry out business-labor-education partnership training programs in
accordance with this part.
"(2) The Secretary shall ensure an equitable geographic distribution of
grants under this part.";
(2) by amending subsection (b) to read as follows:
"(b) Grants to any State under this part shall be used in accordance with
State plans and shall provide incentives for the coordination of programs
assisted with funds under this part with related efforts under part E and
under the Job Training Partnership Act. Each such State plan shall contain
assurances to the Secretary that--
"(1) funds received under this part will be awarded on a competitive
basis solely for vocational education programs, including programs--
"(A) to provide apprenticeships and internships in industry;
"(B) to provide new equipment;
"(C) to provide teacher internships or teacher training;
"(D) that bring representatives of business and organized labor
into the classroom;
"(E) to increase the access to, and quality of, programs for
individuals who are members of special populations;
"(F) to strengthen coordination between vocational education
programs, and the labor and skill needs of business and industry;
"(G) to address the economic development needs of the area served
by the partnership;
"(H) to provide training and career counseling that will enable
workers to retain their jobs;
"(I) to provide training and career counseling that will enable
workers to upgrade their jobs; and
"(J) that address the needs of new and emerging industries,
particularly industries in high-technology fields.
"(2) the State will give preference to partnerships that coordinate
with local chambers of commerce (or the equivalent), local labor
organizations, or local economic development plans;
"(3) the State will give priority to programs offered by partnerships
that provide job training in areas or skills where there are significant
labor shortages;
"(4) the State shall ensure an equitable distribution of assistance
under this part between urban and rural areas;
"(5) except as provided in paragraph (6), not less than 50 percent of
the aggregate cost of programs and projects assisted under this part will
be provided from non-Federal sources, and not less than 50 percent of
such non-Federal share will be provided by businesses or labor
organizations participating in the partnership; and
"(6) in the event that the partnership includes a small business or
labor organization, 40 percent of the aggregate cost of the programs and
projects assisted under this part will be provided from non-Federal
sources and not less than 50 percent of such non-Federal share will be
provided by participating businesses or labor organizations."; and
(3) by adding at the end the following new subsection:
"(d) The Secretary shall prescribe policies for vocational education
programs carried out with assistance under this part. Such policies shall
include examples of allowable expenses for business-labor-education
partnerships.".
SEC. 308. TECH-PREP EDUCATION.
Title III of the Act (20 U.S.C. 2351 et seq.) is amended by adding at the
end the following new part:
"PART E--TECH-PREP EDUCATION
"SEC. 341. SHORT TITLE.
"This part may be cited as the 'Tech-Prep Education Act'.
"SEC. 342. FINDINGS AND PURPOSE.
"(a) Findings.--The Congress finds that--
"(1) rapid technological advances and global economic competition
demand increased levels of skilled technical education preparation and
readiness on the part of youths entering the workforce;
"(2) effective strategies reaching beyond the boundaries of traditional
schooling are necessary to provide early and sustained intervention by
parents, teachers, and educational institutions in the lives of students;
"(3) a combination of nontraditional school-to-work technical education
programs, using state-of-the-art equipment and appropriate technologies,
will reduce the dropout rate for high school students in the United
States and will produce youths who are mature, responsible, and motivated
to build good lives for themselves;
"(4) the establishment of systematic technical education articulation
agreements between secondary schools and postsecondary educational
institutions is necessary for providing youths with skills in the liberal
and practical arts and in basic academics, including literacy instruction
in the English language, and with the intense technical preparation
necessary for finding a position in a changing workplace;
"(5) by the year 2000 an estimated 15,000,000 manufacturing jobs will
require more advanced technical skills, and an equal number of service
jobs will become obsolete;
"(6) more than 50 percent of jobs that are developing will require
skills greater than those provided by existing educational programs;
"(7) dropout rates in urban schools are 50 percent or higher, and more
than 50 percent of all Hispanic youth drop out of high school; and
"(8) employers in the United States pay an estimated $210,000,000,000
annually for formal and informal training, remediation, and lost
productivity as a result of untrained and unprepared youth joining, or
attempting to join, the workforce of the United States.
"(b) Purpose.--It is the purpose of this part--
"(1) to provide planning and demonstration grants to consortia of local
educational agencies and postsecondary educational institutions, for the
development and operation of 4-year programs designed to provide a tech-
prep education program leading to a 2-year associate degree or a 2-year
certificate; and
"(2) to provide, in a systematic manner, strong, comprehensive links
between secondary schools and postsecondary educational institutions.
"SEC. 343. PROGRAM AUTHORIZED.
"(a) Discretionary Amounts.--In any fiscal year in which the amount made
available under section 3(d)(1)(E) to carry out the provisions of this part
is equal to or less than $50,000,000, the Secretary, in accordance with the
provisions of this part which are not inconsistent with this paragraph, shall
award grants for tech-prep education programs to consortia of--
"(1) local educational agencies, intermediate educational agencies or
area vocational education schools serving secondary school students, or
secondary schools funded by the Bureau of Indian Affairs; and
"(2)(A) nonprofit institutions of higher education which offer a 2-year
associate degree program, a 2-year certificate program, and which are
qualified as institutions of higher education pursuant to section 481(a)
of the Higher Education Act of 1965, including institutions receiving
assistance under the Tribally Controlled Community College Assistance Act
of 1978, or a 2-year apprenticeship program that follows secondary
instruction, if such nonprofit institutions of higher education are not
subject to a default management plan required by the Secretary; or
"(B) proprietary institutions of higher education which offer a 2-year
associate degree program and which are qualified as institutions of
higher education pursuant to section 481(a) of the Higher Education Act
of 1965 if such proprietary institutions of higher education are not
subject to a default management plan required by the Secretary.
"(b) State Grants.--(1) In any fiscal year for which the amount made
available under section 3(d)(1)(E) to carry out the provisions of this part
exceeds $50,000,000, the Secretary shall allot such amount to the States in
accordance with the provisions of section 101(a)(2).
"(2) From amounts made available to each State under paragraph (1), the
State board, in accordance with the provisions of this part which are not
inconsistent with this paragraph, shall award grants on a competitive basis
or on the basis of a formula determined by the State board, for tech-prep
education programs to consortia described in subsection (a)(1).
"SEC. 344. TECH-PREP EDUCATION PROGRAMS.
"(a) General Authority.--Each grant recipient shall use amounts provided
under the grant to develop and operate a 4-year tech-prep education program.
"(b) 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 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 certificate in a specific
career field;
"(3) include the development of tech-prep education program curricula
appropriate to the needs of the consortium participants;
"(4) include in-service training for teachers that--
"(A) is designed to train teachers to effectively implement tech-
prep education curricula;
"(B) provides for joint training for teachers from all participants
in the 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) recruit students for tech-prep education programs;
"(B) ensure that such students successfully complete such programs;
and
"(C) ensure that such students are placed in appropriate
employment;
"(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 which assist all participants in
such programs.
"(c) Additional Authorized Activities.--Each such program may--
"(1) provide for the acquisition of tech-prep education program
equipment; and
"(2) as part of the program's planning activities, acquire technical
assistance from State or local entities that have successfully designed,
established and operated tech-prep programs.
"SEC. 345. APPLICATIONS.
"(a) In General.--Each consortium that desires to receive a grant under
this part shall submit an application to the Secretary or the State board, as
appropriate, at such time and in such manner as the Secretary or the State
board, as appropriate, shall prescribe.
"(b) Three-Year Plan.--Each application submitted under this section shall
contain a 3-year plan for the development and implementation of activities
under this part.
"(c) Approval.--The Secretary or the State board, as appropriate, shall
approve applications based on their potential to create an effective tech-
prep education program as provided for in section 344.
"(d) Special Consideration.--The Secretary or 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, and labor
unions; and
"(3) address effectively the issues of dropout prevention and re-entry
and the needs of minority youths, youths of limited English proficiency,
youths with handicaps, and disadvantaged youths.
"(e) Equitable Distribution of Assistance.--In making grants under this
part, the Secretary shall ensure an equitable distribution of assistance
among States and the Secretary or the State board, as appropriate, shall
ensure an equitable distribution of assistance between urban and rural
consortium participants.
"(f) Notice.--(1) In the case of grants to be made by the Secretary, each
consortium that submits an application under this section shall provide
notice of such submission and a copy of such application to the State
educational agency and the State agency for higher education of the State in
which the consortium is located.
"(2) The Secretary shall notify the State educational agency, the State
agency for higher education, and the State council on vocational education of
any State each time a consortium located in such State is selected to receive
a grant under this part.
"SEC. 346. REPORTS.
"(a) Report to the Secretary.--In the case of grants made by the Secretary,
each grant recipient shall, with respect to assistance received under this
part, submit to the Secretary such reports as may be required by the
Secretary to ensure that such grant recipient is complying with the
requirements of this part.
"(b) Report to the Congress.--After grant recipients who receive grants in
the first year in which grants are made under this part complete their
eligibility under the program, the Secretary shall submit to the Congress a
report evaluating the effectiveness of the program under this part.
"SEC. 347. DEFINITIONS.
"For purposes of this part:
"(1) The term 'articulation agreement' means a commitment to a program
designed to provide students with a nonduplicative sequence of
progressive achievement leading to competencies in a tech-prep education
program.
"(2) The term 'community college'--
"(A) has the meaning provided in section 1201(a) of the Higher
Education Act of 1965 for an institution which provides not less than
a 2-year program which is acceptable for full credit toward a
bachelor's degree; and
"(B) includes tribally controlled community colleges.
"(3) The term 'tech-prep education program' means a combined secondary
and postsecondary program which--
"(A) leads to an associate degree or 2-year certificate;
"(B) provides technical preparation in at least 1 field of
engineering technology, applied science, mechanical, industrial, or
practical art or trade, or agriculture, health, or business;
"(C) builds student competence in mathematics, science, and
communications (including through applied academics) through a
sequential course of study; and
"(D) leads to placement in employment.
"(4) The terms 'institution of higher education' and 'higher education'
include institutions offering apprenticeship programs of at least 2 years
beyond the completion of secondary school.".
SEC. 309. SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND EQUIPMENT AND OTHER
PROGRAM IMPROVEMENT ACTIVITIES.
Title III of the Act (as amended by section 308 of this Act) (20 U.S.C.
2351 et seq.) is further amended by adding at the end the following new part:
"PART F--SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND
EQUIPMENT AND OTHER PROGRAM IMPROVEMENT ACTIVITIES
"SEC. 351. STATEMENT OF PURPOSE.
"It is the purpose of this part to provide funding to local educational
agencies in economically depressed areas for program improvement activities,
especially the improvement of facilities and acquisition or leasing of
equipment to be used to carry out vocational education programs that receive
assistance under this Act.
"SEC. 352. ALLOTMENT TO STATES.
"In each fiscal year, from any amounts appropriated for purposes of
carrying out this part, the Secretary shall allot to each State an amount
which bears the same ratio to such appropriated amounts as the aggregate
amount allocated to counties in such State for such fiscal year under section
1006 of the Elementary and Secondary Education Act of 1965 bears to the total
amount appropriated for carrying out such section for such fiscal year.
"SEC. 353. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
"(a) Distribution of All Grant Amounts.--In each fiscal year for which a
State receives a grant under this part, the State shall distribute not less
than 100 percent of the amounts made available under the grant to eligible
local educational agencies as provided in subsection (b).
"(b) Grant Amounts.--In each fiscal year for which a State receives a grant
under this part, each eligible local educational agency or consortium of such
agencies in the State shall receive an amount under this part that bears the
same relationship to the amount received by such local educational agency or
agencies under section 1006 of the Elementary and Secondary Education Act of
1965 bears to the aggregate amount received by local educational agencies in
such State under such section in such fiscal year.
"SEC. 354. USES OF FUNDS.
"Each local educational agency or consortium of such agencies that receives
a grant under this part shall----
"(1) give first priority to using funds provided under the grant for
improving facilities and acquiring or leasing equipment for carrying out
vocational education programs that receive assistance under this Act; and
"(2) then may use any funds not required to carry out the provisions of
paragraph (1) for other program improvement activities, such as
curriculum development or teacher training.
"SEC. 355. STATE APPLICATIONS.
"(a) In General.--Each State that desires to receive a grant under this
part 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. Each such application shall--
"(1) designate the sole State agency described in section 111(a)(1) as
the State agency responsible for the administration and supervision of
activities carried out with assistance under this part;
"(2) provide for a process of consultation with the State council
established under section 112;
"(3) describes how funds will be allocated in a manner consistent with
section 353;
"(4) provide for an annual submission of data concerning the use of
funds and students served with assistance under this part;
"(5) provide that the State educational agency will keep such records
and provide such information to the Secretary as may be required for
purposes of financial audits and program evaluations; and
"(6) contain assurances that the State will comply with the
requirements of this part.
"(b) Period of Application.--An application submitted by the State under
subsection (a) shall be for a period of not more than 3 years and shall be
amended annually.
"SEC. 356. LOCAL APPLICATIONS.
"Each local educational agency or consortium of such agencies that desires
to receive a grant under this part shall submit to the State an application
at such time, in such manner, and containing or accompanied by such
information as the State may reasonably require.".
SEC. 310. COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCATIONAL EDUCATION
LIGHTHOUSE SCHOOLS.
Title III of the Act (as amended by sections 308 and 309 of this Act) is
further amended by inserting at the end the following:
"PART G--COMMUNITY EDUCATION EMPLOYMENT CENTERS AND
VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS
"SEC. 361. SHORT TITLE.
"This part may be cited as the 'Community Education Employment Center Act
of 1990'.
"SEC. 362. PURPOSE.
"It is the purpose of this part to establish and evaluate model high school
community education employment centers to meet the education needs of low-
income urban and rural youth by awarding grants to eligible recipients to
enable such eligible recipients to establish community education employment
centers to provide students with the education, skills, support services, and
enrichment necessary to ensure--
"(1) graduation from secondary school;
"(2) successful transition from secondary schools to a broad range of
postsecondary institutions; and
"(3) employment, including military service.
"SEC. 363. PROGRAM AUTHORIZED.
"(a) In General.--The Secretary is authorized to make grants to eligible
recipients having applications approved pursuant to section 369 to establish
and operate not more than 10 community education employment centers
nationwide.
"(b) Grant Period.--Grants awarded under this section may be for a period
of 5 years.
"SEC. 364. PROGRAM REQUIREMENTS.
"Each eligible recipient receiving a grant under this part shall--
"(1) operate a community education employment center on an extended
year and extended day basis;
"(2) establish a collegial working environment, with substantial
opportunities for staff training and development and shared
decisionmaking;
"(3) maintain small class sizes, and to the extent possible, maintain
an average class size of 15 students or less;
"(4) have the option to organize community education and employment
centers into 1 or more programs, specializing in different areas of study
of particular interest and employment opportunities for the student
population;
"(5) offer a broad array of secondary school coursework, including, to
the extent possible--
"(A) English, mathematics, history, geography, biology, chemistry,
physics, and computer science;
"(B) opportunities for student participation in a wide range of
extracurricular activities, including community service and
exploration, sports, fine and performing arts and tutorial study
sessions;
"(C) a comprehensive vocational-technical education program
developed through regular consultation with employer-labor panels
with knowledge of relevant industries, and which offers skills in
planning, management, finances, technical and production skills,
underlying principles of technology, labor and community issues,
economic development and health, safety, and environment issues;
"(D) courses in health, nutrition, and parenting;
"(6) offer students on-site opportunities for assistance with career
planning and decisionmaking, employability, entrepreneurial abilities,
interpersonal communication skills, and remedial studies;
"(7) maintain an emphasis on the development of academic skills,
regardless of student career objectives;
"(8) provide technical assistance and training to staff from other
schools and local education agencies within the State who wish to
replicate community education employment center capabilities;
"(9) seek to utilize community organizations to provide support for
educational activities and services to parents and students; and
"(10) offer school-to-work transition services.
"SEC. 365. SUPPORT SERVICES REQUIREMENTS.
"Each eligible recipient receiving a grant under this part shall establish
in each community education employment center a support system to coordinate
services for students, including--
"(1) a comprehensive program of confidential guidance counseling,
providing--
"(A) guidance for career and personal decisionmaking and
postsecondary institution placement;
"(B) mentoring and referral to appropriate social services; and
"(C) an accessible counseling service to help parents to focus on
the enhancement of student education;
"(2) an on-site job service office to offer students--
"(A) career guidance, development, and employment counseling, which
provides information about a broad range of occupations and
alternative career paths;
"(B) labor market information, job development, career testing, and
occupational placement services for part-time and summer employment,
internships, cooperative programs, and part-time and full-time
employment opportunities upon graduation; and
"(C) assistance in arranging part-time employment, so long as such
employment does not adversely affect academic performance;
"(3) assistance in arranging a summer program of work, education, or
enrichment sessions;
"(4) to the extent possible, providing transportation to and from the
community education employment center and part-time job sites; and
"(5) access to day care services for children of participating
students.
"SEC. 366. PARENTAL AND COMMUNITY PARTICIPATION.
"(a) In General.--Each eligible recipient receiving a grant under this part
shall employ a parent/community coordinator to provide for the active and
informed participation of parents and appropriate community representatives
in each community education employment center by--
"(1) encouraging parents and students to make informed decisions in
reviewing and selecting the choice of community education employment
center programs for their children;
"(2) conducting regular parent seminars to--
"(A) inform parents about community education employment center
operations;
"(B) obtain parent input; and
"(C) disseminate information on how parents can encourage student
performance;
"(3) providing the parents of each student with a regular opportunity
to meet with counselors, teachers, and the student to discuss student
progress, plans, and needs;
"(4) providing a range of roles in which parents may work with students
at home or as class assistants or volunteer coordinators;
"(5) establishing an advisory Council of Advisors (in this part
referred to as the 'Council') consisting of 1 individual representing
each of the following entities:
"(A) the local educational agency;
"(B) the State council on vocational education and the State agency
responsible for secondary vocational education;
"(C) the student body;
"(D) the local teacher organization;
"(E) guidance counselors;
"(F) community-based organizations;
"(G) parents; and
"(H) the appropriate private industry council.
"(b) Functions of the Council.--The Council shall provide recommendations
to, and work with, eligible recipients to--
"(1) establish annual community education employment center priorities,
programs, and procedures;
"(2) establish student selection criteria to ensure that all students
in the school district have an equal opportunity to attend the community
education employment center and that participants will be representative
of the secondary school population in the school district;
"(3) promulgate a student code of conduct that shall be developed in
consultation with the students and teachers;
"(4) assist in the selection of the community education employment
center principal, administrators, department chairpersons, and teachers;
"(5) assist in the selection and application of assessment tools for
continuous evaluation of student learning progress;
"(6) make recommendations for the selection of curriculum textbooks,
software, and other learning resources and equipment; and
"(7) make recommendations regarding the coordination of activities
assisted under this part with activities assisted under the Job Training
Partnership Act and school to work transitions.
"SEC. 367. PROFESSIONAL STAFF.
"(a) In General.--Each eligible recipient receiving a grant under this part
shall only employ professional staff who demonstrate the highest of academic,
teaching, guidance, or administrative standards.
"(b) Teachers.--(1) Each eligible recipient receiving a grant under this
part shall ensure that community education employment center teachers receive
inservice training at least annually in techniques, procedures and policies
relevant to the community education employment center.
"(2) Each eligible recipient receiving a grant under this part shall employ
a sufficient number of full-time certified or licensed guidance and career
counselors to assist, enhance and monitor student progress.
"SEC. 368. ELIGIBILITY.
"An eligible recipient shall be eligible to receive a grant under this part
if--
"(1) the eligible recipient is located in or serves 1 or more local
educational agencies that are eligible for assistance under section 1006
of the Elementary and Secondary Education Act of 1965; and
"(2) the eligible recipient demonstrates that it will serve a student
population which is predominantly educationally and economically
disadvantaged.
"SEC. 369. APPLICATION.
"(a) Application Required.--Each eligible recipient desiring to participate
in the demonstration grant program authorized by this part shall prepare and
submit an application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may require.
"(b) Contents of Application.--Each application submitted pursuant to
subsection (a) shall--
"(1) demonstrate that the area where the center is to be located has a
high concentration of children from low-income families, relative to the
county and State as a whole;
"(2) describe the activities and services for which assistance is
sought;
"(3) provide assurances that the eligible recipient will comply with
the provisions of sections 364, 365, 366, 367, and 368;
"(4) contain assurances that the State and local educational agency
will, in any fiscal year, at least supply the same fiscal effort per
student with respect to the free provision of public education to
community education employment center students as such local educational
agency provides for students attending secondary schools in such local
educational agency;
"(5) utilize funding available from appropriate employment, training,
and education programs in the State;
"(6) contain assurances that the community education employment center
will coordinate the operations of such center to help meet local economic
needs; and
"(7) provide such additional assurances as the Secretary may reasonably
require.
"SEC. 370. EVALUATION AND REPORT.
"(a) Local Evaluation.--Each community education employment center shall
submit annually to the Secretary a comprehensive and continuous evaluation of
student learning progress, including--
"(1) academic and vocational competencies;
"(2) dropout rates;
"(3) information concerning employment and earnings while the students
are attending a community education employment center and upon the
graduation of such students from such center;
"(4) information concerning student attendance at postsecondary
institutions or student enlistment into military service upon the
graduation of such students from the community employment education
center; and
"(5) parental, student and community participation in the activities of
the community employment education center.
"(b) Report.--The Secretary shall report to the Congress on the evaluations
submitted pursuant to subsection (a) not later than October 1, 1995.
"SEC. 371. DEFINITIONS.
"As used in this part--
"(1) the term 'eligible recipient' means a secondary school or an area
vocational school; and
"(2) the term 'parent' includes a legal guardian or other person
standing in loco parentis.
"SEC. 375. VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS.
"(a) Program Authorized.--The Secretary is authorized to make grants to
secondary schools and area vocational education schools to enable such
schools to establish and operate vocational education lighthouse schools.
"(b) Use of Funds.--Grants awarded under this section shall be used to
establish vocational education lighthouse schools which--
"(1) serve as a model vocational education program--
"(A) to provide each student with knowledge of, and experience in,
all aspects of the industry or enterprise the student is preparing to
enter;
"(B) to provide each student with basic and higher order skills and
develop the student's problem solving abilities in a vocational
setting;
"(C) to offer exceptionally high quality programs for disadvantaged
and minority students;
"(D) to provide the special services and modifications necessary to
help individual students successfully complete the program;
"(E) which is planned, developed and implemented with the
participation of staff, local employers and local community; and
"(F) which offers a full range of programs, including comprehensive
career guidance and counseling, for students who plan to seek
employment upon graduation or who will enroll in a 2- or 4-year
college;
"(2) provide information and assistance to other grant recipients,
vocational programs, vocational education personnel, parents, students,
other educators, community members and community organizations throughout
the State regarding--
"(A) curriculum materials;
"(B) curriculum development, especially the integration of
vocational and academic education;
"(C) inservice and preservice staff development, training, and
assistance, through off-site activities and through a range of short-
term and long-term opportunities to participate in activities at the
demonstration site;
"(D) opportunities to systematically observe the model program; and
"(E) technical assistance and staff development, as appropriate;
"(3) use funds received under this section, together with funds from
non-Federal sources, to develop and implement model programs containing
the elements described in paragraph (1);
"(4) develop comprehensive linkages with other local schools, community
colleges, 4-year colleges, private vocational schools, community-based
organizations, labor unions, employers, and other business groups, as
appropriate; and
"(5) develop and disseminate model approaches--
"(A) for meeting the education training needs and career counseling
needs of minority students, disadvantaged students, students with
handicaps, and students of limited English proficiency; and
"(B) to reduce and eliminate sex bias and stereotyping.".
SEC. 311. VOCATIONAL EDUCATION OPPORTUNITIES FOR INDIANS AND ALASKA NATIVES.
Title III of the Act (as amended by sections 308, 309 and 310 of this Act)
(20 U.S.C. 2351) is further amended by adding at the end the following new
part:
"SEC. 381. SHORT TITLE.
"This part may be cited as the 'Tribally Controlled Vocational Institutions
Support Act of 1990'.
"SEC. 382. PURPOSE.
"It is the purpose of this part to provide grants for the operation and
improvement of tribally controlled postsecondary vocational institutions to
ensure continued and expanded educational opportunities for Indian students,
and to allow for the improvement and expansion of the physical resources of
such institutions.
"SEC. 383. GRANTS AUTHORIZED.
"(a) General Authority.--The Secretary shall, subject to the availability
of appropriations, make grants pursuant to this section to tribally
controlled postsecondary vocational institutions to provide basic support for
the education and training of Indian students.
"(b) Use of Grants.--Amounts made available under grants made pursuant to
this section may be used for--
"(1) training costs;
"(2) educational costs;
"(3) equipment costs;
"(4) administrative costs; and
"(5) costs of operation and maintenance of the institution.
"SEC. 384. ELIGIBLE GRANT RECIPIENTS.
"To be eligible for assistance under this part a tribally controlled
postsecondary vocational institution shall--
"(1) be governed by a board of directors or trustees, a majority of
whom are Indians;
"(2) demonstrate adherence to stated goals, a philosophy or a plan of
operation which fosters individual Indian economic and self-sufficiency
opportunity, including programs which are appropriate to stated tribal
goals of developing individual entrepreneurships and self-sustaining
economic infrastructures on reservations;
"(3) have been in operation for at least 3 years;
"(4) hold accreditation with or be a candidate for accreditation by a
nationally recognized accrediting authority for postsecondary vocational
education; and
"(5) enroll the full-time equivalency of not less than 100 students, of
whom a majority are Indians.
"SEC. 385. GRANTS TO TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL
INSTITUTIONS.
"(a) Applications.--Any tribally controlled postsecondary vocational
institution that desires to receive a grant under this part shall submit an
application to the Secretary. Such application shall include a description of
recordkeeping procedures for the expenditure of funds received under this
part which will allow the Secretary to audit and monitor programs.
"(b) Initial Grants.--In the first year for which amounts are appropriated
to carry out this part, the number of grants issued shall be not less than 2.
"(c) Consultation.--In making grants pursuant to this part, the Secretary
shall, to the extent practicable, consult with the boards of trustees and the
tribal governments chartering the institutions being considered.
"(d) Limitation.--Amounts made available under grants made pursuant to this
part shall not be used in connection with religious worship or sectarian
instruction.
"SEC. 386. AMOUNT OF GRANTS.
"(a) Allowable Expenses.--Except as provided in subsection (d), the
Secretary shall, subject to the availability of appropriations, provide for
each program year to each tribally controlled vocational institution having
an application approved by the Secretary, an amount necessary to pay expenses
associated with--
"(1) the maintenance and operation of the program, including
development costs, costs of basic and special instruction (including
special programs for individuals with handicaps and academic
instruction), materials, student costs, administrative expenses, boarding
costs, transportation, student services, day care and family support
programs for students and their families (including contributions to the
costs of education for dependents);
"(2) capital expenditures, including operations and maintenance and
minor improvements and repair, physical plant maintenance costs; and
"(3) costs associated with repair, upkeep, replacement, and upgrading
of the instructional equipment.
"(b) Payments.--(1) For each fiscal year, the Secretary shall provide
amounts to institutions that are approved for grants under section 385 in 2
payments.
"(2)(A) The first payment shall be made before the end of the 30-day period
beginning on the date of the enactment of an Act providing appropriations for
such fiscal year for purposes of carrying out this part. Except as provided
in subparagraph (B), such payment shall be in an amount that is equal to at
least 50 percent of the amount determined to be required under subsection (a)
for the preceding year.
"(B) In the first year that an institution receives a grant under this
part, the Secretary shall determine the amount of the first payment by
estimating the costs described in subsection (a) based upon information
submitted by the institution.
"(3) Each institution that receives a grant under section 385 shall receive
a final payment of amounts to which it is entitled based on its costs under
subsection (a) not later than January 1 of the fiscal year in which the costs
are incurred.
"(c) Accounting.--Each institution receiving payments under this part shall
annually provide to the Secretary an accurate and detailed accounting of its
operating and maintenance expenses and such other information concerning
costs as the Secretary may reasonably require.
"(d) Additional Grants Authorized.--(1) After providing grants to all
eligible institutions under subsection (a), the Secretary shall, from any
amounts remaining--
"(A) first allocate to institutions receiving their first grant under
this part an amount equal to the training equipment costs necessary to
implement training programs; and
"(B) from any remaining funds, review training equipment needs at each
institution receiving assistance under this part at the end of the 5-year
period beginning on the first day of the first year for which the
institution received a grant under this part, and provide allocations for
other training equipment needs if it is demonstrated by the institution
that its training equipment has become obsolete for its purposes, or that
the development of other training programs is appropriate.
"(2) For the purposes of carrying out this subsection, the Secretary may
require from each institution the submission of such information relating to
the feasibility of such training programs as is reasonable and practical.
"SEC. 387. EFFECT ON OTHER PROGRAMS.
"(a) In General.--Except as specifically provided in this Act, eligibility
for assistance under this part shall not preclude any tribally controlled
postsecondary vocational 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 education.
"(b) Prohibition on Alteration of Grant Amount.--The amount of any grant
for which tribally controlled postsecondary vocational institutions are
eligible under this part shall not be altered because of funds allocated to
any such institution from funds appropriated under the Act of November 2,
1921.
"(c) Prohibition on Contract Denial.--No tribally controlled postsecondary
vocational 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.
"SEC. 388. GRANT ADJUSTMENTS.
"(a) Allocation.--(1) If the sums appropriated for any fiscal year for
grants under this part are not sufficient to pay in full the total amount
which approved applicants are eligible to receive under this part for such
fiscal year, the Secretary shall first allocate to each such applicant which
received funds under this part for the preceding fiscal year an amount equal
to 100 percent of the product of the per capita payment for the preceding
fiscal year and such applicant's Indian student count for the current program
year, plus an amount equal to the actual cost of any increase to the per
capita figure resulting from inflationary increases to necessary costs beyond
the institution's control.
"(2) For purposes of paragraph (1), the per capita payment for any fiscal
year shall be determined by dividing the amount available for grants to
tribally controlled postsecondary vocational institutions under this part for
such program year by the sum of the Indian student counts of such
institutions for such program year. The Secretary shall, on the basis of the
most accurate data available from the institutions, compute the Indian
student count for any fiscal year for which such count was not used for the
purpose of making allocations under this part.
"(b) Needs Estimate.--The Secretary shall, based on the most accurate data
available from the institutions and Indian tribes whose Indian students are
served under this part, in consideration of employment needs, economic
development needs, population training needs, prepare an actual budget needs
estimate for each institution eligible under this part for each subsequent
program year, and submit such budget needs estimate to the Congress in such a
timely manner as will enable the appropriate committees of the Congress to
consider such needs data for purposes of the uninterrupted flow of adequate
appropriations to such institutions.
"SEC. 389. REPORT ON FACILITIES AND FACILITIES IMPROVEMENT.
"(a) Study of Training and Housing Needs.--(1) The Secretary shall conduct
a detailed study of the training and housing needs of each institution
eligible under this part.
"(2) The study required by paragraph (1) shall include an examination of--
"(A) training equipment needs; and
"(B) housing needs of families whose heads of household are students
and whose dependents have no alternate source of support while such heads
of household are students.
"(3) The Secretary shall report to the Congress not later than July 1,
1991, on the results of the study required by paragraph (1).
"(4) The report required by paragraph (3) shall--
"(A) include the number, type, and cost of meeting the needs described
in paragraph (2); and
"(B) rank each institution by relative need.
"(5) In conducting the study required by paragraph (1), the Secretary shall
give priority to institutions which are receiving assistance under this part.
"(b) Long-Term Study of Facilities.--(1) The Secretary shall provide for
the conduct of a long-term study of facilities of each institution eligible
for assistance under this part.
"(2) The study required by paragraph (1) shall include a 5-year projection
of training facilities and equipment and housing needs and shall consider
such factors as projected service population, employment and economic
development forecasting, based on the most current and accurate data
available from the institutions and Indian tribes affected.
"(3) The Secretary shall submit to the Congress a detailed report on the
results of such study not later than the end of the 18-month period beginning
on the date of the enactment of this Act.
"(4) The Secretary shall submit to the Congress a progress report not less
often than once every 6 months, beginning on the date of the enactment of
this Act, concerning activities conducted pursuant to this section.
"(c) Construction and Renovation Grants.--Pursuant to the studies conducted
and the report submitted under subsections (a) and (b), the Secretary is
authorized to make grants to the tribally controlled vocational institutions
for construction, rehabilitation, major alterations and renovation of
buildings and other physical structures for the conduct of programs funded
under this part. Such grants shall be made in such time and pursuant to such
applications as the Secretary shall by regulation determine.
"SEC. 390. DEFINITIONS.
"For the purposes of this part:
"(1) The terms 'Indian' and 'Indian tribe' have the meaning given such
terms in section 2 of the Tribally Controlled Community College
Assistance Act of 1978.
"(2) The term 'tribally controlled postsecondary vocational
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) The term 'Indian student count' means a number equal to the total
number of Indian students enrolled in each tribally controlled vocational
institution, determined as follows:
"(A) The registrations of Indian students as in effect on October 1
of each year.
"(B) 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) 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) Indian students earning credits in any continuing education
program of a tribally controlled vocational institution shall be
included in determining the sum of all credit or clock hours.
"(E) 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.".
SEC. 312. TRIBAL ECONOMIC DEVELOPMENT.
The Tribally Controlled Community College Assistance Act of 1978 is amended
by adding at the end the following new title:
"TITLE IV--TRIBAL ECONOMIC DEVELOPMENT
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'Tribal Economic Development and Technology
Related Education Assistance Act of 1990'.
"SEC. 402. GRANTS AUTHORIZED.
"(a) General Authority.--The Secretary is authorized, subject to the
availability of appropriations, to make grants to tribally controlled
community colleges which receive grants under either this Act or the Navajo
Community College Act for the establishment and support of tribal economic
development and education institutes. Each program conducted with assistance
under a grant under this subsection shall include at least the following
activities:
"(1) Determination of the economic development needs and potential of
the Indian tribes involved in the program, including agriculture and
natural resources needs.
"(2) Development of consistent courses of instruction to prepare
postsecondary students, tribal officials and others to meet the needs
defined under paragraph (1). The development of such courses may be
coordinated with secondary institutions to the extent practicable.
"(3) The conduct of vocational courses, including administrative
expenses and student support services.
"(4) Technical assistance and training to Federal, tribal and community
officials and business managers and planners deemed necessary by the
institution to enable full implementation of, and benefits to be derived
from, the program developed under paragraph (1).
"(5) Clearinghouse activities encouraging the coordination of, and
providing a point for the coordination of, all vocational activities (and
academically related training) serving all students of the Indian tribe
involved in the grant.
"(6) The evaluation of such grants and their effect on the needs
developed under paragraph (1) and tribal economic self-sufficiency.
"(b) Amount and Duration.--The grants shall be of such amount and duration
as to afford the greatest opportunity for success and the generation of
relevant data.
"(c) Applications.--Institutions which receive funds under other titles of
this Act or the Navajo Community College Act may apply for grants under this
title either individually or as consortia. Each applicant shall act in
cooperation with an Indian tribe or tribes in developing and implementing a
grant under this part.
"SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated for grants under this part
$2,000,000 for the fiscal year 1991 and such sums as may be necessary for
each of the 5 succeeding fiscal years.".
SEC. 313. FACILITIES.
Section 112 of the Tribally Controlled Community College Assistance Act of
1978 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
"(c)(1) The Secretary shall enter into a contract with an organization
described in paragraph (2) to establish and provide on an annual basis
criteria for the determination and prioritization in a consistent and
equitable manner of the facilities construction and renovation needs of
colleges that receive funding under this Act or the Navajo Community College
Act.
"(2) An organization described in this section is any organization that--
"(A) is eligible to receive a contract under the Indian Self-
Determination and Education Assistance Act; and
"(B) has demonstrated expertise in areas and issues dealing with
tribally controlled community colleges.
"(3) The Secretary shall include the priority list established pursuant to
this subsection in the budget submitted annually to the Congress.".
TITLE IV--NATIONAL PROGRAMS
SEC. 401 RESEARCH AND DEVELOPMENT.
The heading for part A of title IV of the Act is amended to read as
follows:
"PART A--RESEARCH AND DEVELOPMENT".
SEC. 402. RESEARCH OBJECTIVES.
Section 401 of the Act (20 U.S.C. 2401) is amended--
(1) in paragraph (1), by striking "single parents or homemakers" and
inserting "single parents, displaced homemakers, or single pregnant
women";
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3),
(4), and (5), respectively; and
(3) by inserting after paragraph (1) the following new paragraph:
"(2) to authorize additional research and development activities that
are related to the purposes of this Act as stated in section 2;".
SEC. 403. RESEARCH ACTIVITIES.
Section 402 of the Act is amended--
(1) in subsection (a)--
(A) by striking "National Institute of Education or any other
division of the Department of Education which the Secretary
determines to be appropriate" and inserting "Office of Educational
Research and Improvement";
(B) in paragraph (1), by striking "individuals who are single
parents or homemakers" and inserting "single parents, displaced
homemakers, single pregnant women";
(C) by striking paragraphs (5) and (6);
(D) by redesignating paragraph (4) as paragraph (6);
(E) by redesignating paragraphs (2) and (3) as paragraphs (4) and
(5), respectively;
(F) by redesignating paragraph (7) as paragraph (8);
(G) by inserting after paragraph (1) the following new paragraphs:
"(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;";
(H) in paragraph (6) (as redesignated by subparagraph (D) of this
section)--
(i) by inserting "and more advanced" after "basic"; and
(ii) by inserting "and problem-solving" after "academic"; and
(I) by inserting after paragraph (6) (as redesignated by
subparagraph (D) of this section) the following new paragraph:
"(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";
(2) by amending subsection (b) to read as follows:
"(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.";
(3) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively;
(4) by inserting after subsection (b) the following new subsection:
"(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.";
(5) in paragraph (1) of subsection (e) (as redesignated in paragraph
(3)) by striking "(1)"; and
(6) by striking paragraph (2) of subsection (e) (as redesignated in
paragraph (3)).
SEC. 404. NATIONAL ASSESSMENT.
Section 403 of the Act is amended to read as follows:
"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. 405. NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCATIONAL EDUCATION.
Section 404 of the Act is amended to read as follows:
"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' has the same meaning as provided by section 435(b) of the Higher
Education Act of 1965.
"(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).".
SEC. 406. DEMONSTRATION PROGRAMS.
(a) In General.--Part B of title IV of the Act is amended to read as
follows:
"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 developed by 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 to find 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 section 1562 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.".
SEC. 407. DATA SYSTEMS AUTHORIZED.
Section 421 of the Act (20 U.S.C. 2421) is amended to read as follows:
"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) 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) 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.".
SEC. 408. NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE.
(a) Amendment to Heading.--The heading for section 422 of the Act is
amended to read as follows:
"NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE".
(b) Amendment to Text.--Section 422 of the Act is amended--
(1) in subsection (a)--
(A) by inserting after "Coordinating Committee" the following: "(in
this section referred to as the 'Committee')";
(B) by inserting after "Office of Bilingual Education and Minority
Language Affairs," the following: "the Assistant Secretary for
Postsecondary Education,";
(C) by striking "(Manpower, Reserve Affairs, and Logistics)" and
inserting "(Force Management and Personnel)";
(D) in paragraph (2), by inserting before the semicolon the
following: ", including regularly updated data on employment demand
for agribusiness";
(E) in paragraph (3)--
(i) by striking "conduct studies on" and inserting the
following: "conduct studies to improve the quality and delivery
of occupational information systems to assist economic
development activities, and examine"; and
(ii) by striking "and" at the end thereof;
(F) by redesignating paragraph (4) as paragraph (6); and
(G) by inserting after paragraph (3) the following new paragraphs:
"(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";
(2) by adding at the end the following new subsections:
"(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) 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. 409. INFORMATION BASE FOR VOCATIONAL EDUCATION DATA SYSTEM.
Section 423 of the Act is amended to read as follows:
"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 Education of the
Handicapped 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. 410. MISCELLANEOUS PROVISIONS.
Part C of title IV of the Act is amended by adding at the end the following
new section:
"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.".
SEC. 411. REPEAL OF NATIONAL COUNCIL ON VOCATIONAL EDUCATION.
(a) In General.--Part D of title IV of the Act (20 U.S.C. 2431) is
repealed.
(b) Clerical Amendment.--The table of contents contained in section 1 of
the Act (20 U.S.C. 2301 note) is amended by striking the items relating to
part D and to section 431.
(c) Effective Date.--The amendments made by subsections (a) and (b) shall
take effect on October 1, 1991.
SEC. 412. GENERAL PROVISIONS.
Section 451 of the Act is amended to read as follows:
"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
SEC. 501. FEDERAL ADMINISTRATIVE PROVISIONS.
(a) Elimination of Matching Requirements and Transfer of State Provision.--
(1) Sections 502, 504, and 505 of the Act (20 U.S.C. 2462, 2465, 2466) are
repealed.
(2) Sections 503 and 506 of the Act (20 U.S.C. 2463, 2466), are
redesignated as sections 502 and 503, respectively.
(b) Maintenance of Effort.--The first sentence of section 502(b) of the Act
(as redesignated by subsection (a)(2) of this section) is amended by
inserting after "this section" the following: "(with respect to not more than
5 percent of expenditures by any State educational agency)".
(c) Additional Administrative Provisions.--Title V of the Act (20 U.S.C.
2461 et seq.) is amended--
(1) by redesignating part B as part C; and
(2) by inserting after section 503 the following:
"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 240-day period required by section 431(g)
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 Education of the Handicapped 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.".
SEC. 502. DEFINITIONS.
Section 521 of the Act is amended to read as follows:
"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 program for aid to
families with dependent children 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 1471(5) 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 703(a)(1) 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 be reliable 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 VI--MISCELLANEOUS
PART A--CORRECTIONAL EDUCATION
SEC. 601. SHORT TITLE.
This title may be cited as the "Office of Correctional Education Act of
1990".
SEC. 602. CORRECTIONAL EDUCATION.
(a) In General.--Title II of the Department of Education Organization Act
is amended by--
(1) repealing section 213;
(2) redesignating section 214 as section 215; and
(3) inserting the following new section 214 after section 212:
"OFFICE OF CORRECTIONAL EDUCATION
"Sec. 214. (a) Findings.--The Congress finds and declares that--
"(1) education is important to, and makes a significant contribution
to, the readjustment of incarcerated individuals to society; and
"(2) there is a growing need for immediate action by the Federal
Government to assist State and local educational programs for criminal
offenders in correctional institutions.
"(b) Statement of Purpose.--It is the purpose of this title to encourage
and support educational programs for criminal offenders in correctional
institutions.
"(c) Establishment of Office.--The Secretary of Education shall establish
within the Department of Education an Office of Correctional Education.
"(d) Functions of Office.--The Secretary, through the Office of
Correctional Education established under subsection (a) of this section,
shall--
"(1) coordinate all correctional education programs within the
Department of Education;
"(2) provide technical support to State and local educational agencies
and schools funded by the Bureau of Indian Affairs on correctional
education programs and curricula;
"(3) provide an annual report to the Congress on the progress of the
Office of Correctional Education and the status of correctional education
in the United States;
"(4) cooperate with other Federal agencies carrying out correctional
education programs to ensure coordination of such programs;
"(5) consult with, and provide outreach to, State directors of
correctional education and correctional educators; and
"(6) collect from States a sample of information on the number of
individuals who complete a vocational education sequence, earn a high
school degree or general equivalency diploma, or earn a postsecondary
degree while incarcerated and the correlation with job placement, job
retention, and recidivism.
"(e) Definitions.--As used in this section--
"(1) 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;
"(2) 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; and
"(3) 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 and secondary schools, or, if there is
no such officer or agency, an officer or agency designated by the
Governor or by State law.".
(b) Clerical Amendments.--The table of contents contained in section 1 of
the Department of Education Organization Act is amended by striking the items
relating to sections 213 and 214 and inserting the following:
"Sec. 214. Office of Correctional Education.
"Sec. 215. Federal Interagency Committee on Education.".
PART B--MISCELLANEOUS PROVISIONS
SEC. 611. STUDY OF THE DUAL SYSTEM OF VOCATIONAL EDUCATION IN THE FEDERAL
REPUBLIC OF GERMANY.
(a) General Authority.--The General Accounting Office (in this section
referred to as the "Office") shall conduct a thorough study of the Dual
System of Vocational Education in the Federal Republic of Germany, including
an analysis of the desirability, advantages, and disadvantages of
establishing a nationwide job apprenticeship program in the United States
similar to the Dual System of Vocational Education in the Federal Republic of
Germany.
(b) Contents.--In studying the West German Dual System of Vocational
Education, the Office shall assess--
(1) the ability of such a system to prepare workers for the technical
workplace;
(2) the level of academic skills an apprentice in the Dual System
acquires;
(3) the effectiveness of combining on-the-job training with classroom
instruction;
(4) the participation in apprenticeships by gender and minority status;
(5) the dropout rate of West German students;
(6) the construction and oversight of skill certification tests;
(7) the unemployment rate and relative wage levels of former
participants;
(8) the labor mobility of apprentices;
(9) whether such a system has helped West Germany maintain a
competitive workforce and a competitive edge in the world economy;
(10) the value and productivity of apprentices to business; and
(11) the direct and indirect costs and benefits to the country,
industry, company, and individual that result from the Dual System of
Vocational Education.
(c) Factors To Be Considered.--In assessing the ability of a similar
program to be replicated in the United States, the Office shall evaluate such
factors as--
(1) existing job apprenticeship programs and their ability to prepare
workers for the technical workplace;
(2) the future need for skilled workers and the extent to which job
apprenticeship programs could meet such future workforce needs;
(3) the appropriate age or grade level for students to enter job
apprenticeship programs (such as secondary students, postsecondary
students, or both);
(4) the potential for such programs to reduce the dropout rate, place
more qualified workers in the workplace, provide continuing education,
including postsecondary opportunities, and increase the lifetime earnings
of those who participate in such a job apprenticeship program;
(5) the issues in obtaining labor and management utilization of skills,
certification for employee recruitment, promotion, and other purposes,
and issues in creating and improving such certification to reliably and
validly reflect the changing structure of work in the skills certified;
(6) the training wage appropriate for an apprentice;
(7) the estimated value and productivity of apprentices to business;
(8) the Federal, State, employer, and labor roles in regulating and
funding such a program;
(9) the direct and indirect costs and benefits of such a program to the
Federal and State governments, industry, the company and the individual;
and
(10) the quality and adequacy of Federal and State data on training,
including apprenticeships, directly or indirectly provided by employers,
including data on the level and distribution of training by industry,
firm size, and of labor and management employees.
(d) Deadline for Study.--The study required by subsection (a), together
with comments and recommendations, shall be completed and presented to
Congress not later than the expiration of the 1-year period beginning on the
date of enactment of this Act.
SEC. 612. HIGHER EDUCATION ACT.
Section 621 of the Higher Education Act of 1965 is repealed.
TITLE VII--EFFECTIVE DATE
SEC. 701. TRANSITION PROVISION.
Upon the enactment of the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990, each State and eligible recipient of
Federal financial assistance under a State plan submitted pursuant to section
113 of the Carl D. Perkins Vocational Education Act may expend funds
currently available under the Carl D. Perkins Vocational Education Act to--
(1) conduct planning for any program or activity authorized under the
Carl D. Perkins Vocational and Applied Technology Education Act,
including the development of a State plan under section 113 of such Act;
(2) develop State and local standards and measures as required by
section 115 of the Carl D. Perkins Vocational and Applied Technology
Education Act; and
(3) conduct assessments as required by section 116 of the Carl D.
Perkins Vocational and Applied Technology Education Act.
SEC. 702. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the amendments made
by this Act shall take effect on July 1, 1991.
(b) Special Rule.--Sections 3, 115, 116, 504, and 512 and part H of title
III of the Carl D. Perkins Vocational and Applied Technology Education Act
(as amended by this Act) shall take effect upon the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
