Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 20
title_name: "EDUCATION"
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# 20 U.S.C. § 2301 - Purpose
## Text
The purpose of this chapter is to develop more fully the academic knowledge and technical and employability skills of secondary education students and postsecondary education students who elect to enroll in career and technical education programs and programs of study, by—
(1) building on the efforts of States and localities to develop challenging academic and technical standards and to assist students in meeting such standards, including preparation for high skill, high wage, or in-demand occupations in current or emerging professions;
(2) promoting the development of services and activities that integrate rigorous and challenging academic and career and technical instruction, and that link secondary education and postsecondary education for participating career and technical education students;
(3) increasing State and local flexibility in providing services and activities designed to develop, implement, and improve career and technical education;
(4) conducting and disseminating national research and disseminating information on best practices that improve career and technical education programs and programs of study, services, and activities;
(5) providing technical assistance that—
(A) promotes leadership, initial preparation, and professional development at the State and local levels; and
(B) improves the quality of career and technical education teachers, faculty, administrators, and counselors;
(6) supporting partnerships among secondary schools, postsecondary institutions, baccalaureate degree granting institutions, area career and technical education schools, local workforce investment boards, business and industry, and intermediaries;
(7) providing individuals with opportunities throughout their lifetimes to develop, in conjunction with other education and training programs, the knowledge and skills needed to keep the United States competitive; and
(8) increasing the employment opportunities for populations who are chronically unemployed or underemployed, including individuals with disabilities, individuals from economically disadvantaged families, out-of-workforce individuals, youth who are in, or have aged out of, the foster care system, and homeless individuals.
(Pub. L. 88210, § 2, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 684; amended Pub. L. 115224, § 6, July 31, 2018, 132 Stat. 1565.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2301, Pub. L. 88210, § 2, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3077, stated purpose of this chapter, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2301, Pub. L. 88210, § 2, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2437; amended Pub. L. 101392, § 2, Sept. 25, 1990, 104 Stat. 756, stated purpose of this chapter, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Pub. L. 115224, § 6(1), in introductory provisions, substituted “academic knowledge and technical and employability skills” for “academic and career and technical skills” and inserted “and programs of study” after “technical education programs”. Par. (1). Pub. L. 115224, § 6(2), substituted “in-demand occupations” for “high demand occupations”. Par. (3). Pub. L. 115224, § 6(3), struck out “, including tech prep education” after “technical education”. Par. (4). Pub. L. 115224, § 6(4), inserted “and programs of study” after “technical education programs”. Par. (8). Pub. L. 115224, § 6(5)(7), added par. (8).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115224, § 4, July 31, 2018, 132 Stat. 1564, provided that: “This Act [see Short Title of 2018 Amendment note below], and the amendments made by this Act, shall take effect beginning on July 1, 2019.”
Short Title of 2018 AmendmentPub. L. 115224, § 1, July 31, 2018, 132 Stat. 1563, provided that: “This Act [enacting section 2399 of this title, amending numerous sections throughout this chapter, sections 6311, 7425, and 7544 of this title, and sections 49l2 and 3174 of Title 29 Labor, repealing subchapter II of this chapter, and enacting provisions set out as a note under this section] may be cited as the Strengthening Career and Technical Education for the 21st Century Act.”
Short Title of 2006 AmendmentPub. L. 109270, § 1(a), Aug. 12, 2006, 120 Stat. 683, provided that: “This Act [see Tables for classification] may be cited as the Carl D. Perkins Career and Technical Education Improvement Act of 2006.”
Short Title of 1998 AmendmentPub. L. 105332, § 1(a), Oct. 31, 1998, 112 Stat. 3076, provided that: “This Act [see Tables for classification] may be cited as the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998.”
Short Title of 1990 AmendmentPub. L. 101392, § 1(a), Sept. 25, 1990, 104 Stat. 753, provided that: “This Act [see Tables for classification] may be cited as the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990.”
Short Title of 1968 AmendmentPub. L. 90576, § 1, Oct. 16, 1968, 82 Stat. 1064, provided that: “This Act [enacting sections 6, 1119c to 1119c4, 1226, 1241 to 1248, 1261 to 1264, 1281 to 1284, 1301 to 1305, 1321 to 1323, 1341, 1351 to 1355, 1371 to 1374, and 1391 of this title, amending sections 237, 237 note, 238, 239, 240, 241, 403, 421, 422, 423, 423 note, 425, 425 note, 426, 441, 442, 442 note, 443, 444, 462, 464, 481, 482, 482 note, 483, 484, 491, 511, 521, 541, 551, 561, 563, 588, 589, 611, 633, 644, 645, 1202, and 1221 of this title, repealing sections 15i, 15i note, 15j to 15q, 15aa to 15jj, 15aaa to 15ggg, 30, 31 to 33, and 34 of this title and section 1667 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under sections 6, 11, 240, 886, 1202, 1321, and 2301 of this title and section 2809 of Title 42, The Public Health and Welfare may be cited as the Vocational Education Amendments of 1968.”
Short TitlePub. L. 88210, § 1(a), as added by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683, provided that: “This Act [enacting this chapter] may be cited as the Carl D. Perkins Career and Technical Education Act of 2006.” Pub. L. 88210, title II, § 201, as added by Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3117, which provided that title II of Pub. L. 88210, enacting subchapter II of this chapter, could be cited as the “Tech-Prep Education Act”, was omitted in the general amendment of Pub. L. 88210 by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683.
Vocational Education PolicyPub. L. 98524, § 6, Oct. 19, 1984, 98 Stat. 2491, provided that: “It is the sense of the Congress that effective vocational education programs are essential to our future as a free and democratic society; that such programs are best administered by local communities, and community colleges school boards, where the primacy of parental control can be emphasized with a minimum of Federal interference; and that as a means to strengthening vocational education and training programs, nongovernmental alternatives promoting links between public school needs and private sector sources of support should be encouraged and implemented.”
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# 20 U.S.C. § 2303 - Transition provisions
## Text
The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this chapter (as amended by the Strengthening Career and Technical Education for the 21st Century Act) from any authority under the provisions of the Carl D. Perkins Vocational and Technical Education Act of 2006,11 See References in Text note below. as in effect on the day before July 31, 2018. The Secretary shall give each eligible agency the opportunity to submit a transition plan for the first fiscal year following July 31, 2018.
(Pub. L. 88210, § 4, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 690; amended Pub. L. 115224, § 8, July 31, 2018, 132 Stat. 1574.)
## Notes
Editorial Notes
References in TextThis chapter (as amended by the Strengthening Career and Technical Education for the 21st Century Act), referred to in text, is this chapter as amended by Pub. L. 115224, July 31, 2018, 132 Stat. 1563. The Carl D. Perkins Vocational and Technical Education Act of 2006, as in effect on the day before July 31, 2018, referred to in text, probably means the Carl D. Perkins Career and Technical Education Act of 2006, which is classified generally to this chapter, as in effect on the day before the enactment of Pub. L. 115224, July 31, 2018, 132 Stat. 1563, which amended this chapter extensively. A prior version of the Act was named the Carl D. Perkins Vocational and Technical Education Act of 1998, but no act with the title “Carl D. Perkins Vocational and Technical Education Act of 2006” has been enacted.
Prior ProvisionsA prior section 2303, Pub. L. 88210, § 4, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to transition provisions, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2303, Pub. L. 101392, § 4, Sept. 25, 1990, 104 Stat. 758; Pub. L. 10466, title I, § 1041(f), Dec. 21, 1995, 109 Stat. 715, which related to the Interdepartmental Task Force on Vocational Education and Related Programs, was transferred to section 2308 of this title.
Amendments2018—Pub. L. 115224, § 8(1), substituted “are necessary” for “the Secretary determines to be appropriate”. Pub. L. 115224, § 8(2), substituted “as amended by the Strengthening Career and Technical Education for the 21st Century Act” for “as amended by the Carl D. Perkins Career and Technical Education Improvement Act of 2006” and substituted “July 31, 2018” for “August 12, 2006” in two places. Pub. L. 115224, § 8(3), substituted “Carl D. Perkins Vocational and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2304 - Privacy
## Text
(a) GEPA Nothing in this chapter shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
(b) Prohibition on development of national database Nothing in this chapter shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under this chapter.
(Pub. L. 88210, § 5, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 690.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2304, Pub. L. 88210, § 5, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to privacy, prior to the general amendment of this chapter by Pub. L. 109270.
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# 20 U.S.C. § 2305 - Limitation
## Text
All of the funds made available under this chapter shall be used in accordance with the requirements of this chapter.
(Pub. L. 88210, § 6, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 690.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2305, Pub. L. 88210, § 6, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to limitation on use of funds, prior to the general amendment of this chapter by Pub. L. 109270.
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# 20 U.S.C. § 2306 - Special rule
## Text
In the case of a local community in which no employees are represented by a labor organization, for purposes of this chapter, the term “representatives of employees” shall be substituted for “labor organization”.
(Pub. L. 88210, § 7, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 690.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2306, Pub. L. 88210, § 7, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3083, related to special rule, prior to the general amendment of this chapter by Pub. L. 109270.
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# 20 U.S.C. § 2306a - Prohibitions
## Text
(a) Local control Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government—
(1) to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or schools adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards);
(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or schools specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); or
(3) except as required under sections 2322(b), 2391(b), and 2413 of this title—
(A) to mandate, direct, or control the allocation of State or local resources; or
(B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this chapter.
(b) No preclusion of other assistance Any State that declines to submit an application to the Secretary for assistance under this chapter shall not be precluded from applying for assistance under any other program administered by the Secretary.
(c) Prohibition on requiring Federal approval or certification of standards Notwithstanding any other provision of Federal law, no State shall be required to have academic and career and technical content standards or student academic and career and technical achievement standards approved or certified by the Federal Government, in order to receive assistance under this chapter.
(d) Rule of construction Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5, commonly 11 So in original. Probably should be “title 5 (commonly”. known as the “Congressional Review Act”).
(e) Coherent and rigorous content For the purposes of this chapter, coherent and rigorous content shall be determined by the State consistent with section 6311(b)(1) of this title.
(f) Congressional notice and comment (1) Notice to Congress Not less than 15 business days prior to issuing a notice of proposed rulemaking related to this chapter in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretarys intent to issue a notice of proposed rulemaking that shall include—
(A) a copy of the proposed regulation;
(B) the need to issue the regulation;
(C) a description of how the regulation is consistent with the scope of this chapter;
(D) the anticipated burden (including the time, cost, and paperwork burden) the regulation will impose on an eligible agency, institution, or recipient that may be impacted by the regulation, including the potential impact on rural areas;
(E) the anticipated benefits to an eligible agency, institution, or recipient that may be impacted by the regulation, including in rural areas; and
(F) any regulations that will be repealed when the new regulation is issued.
(2) Comment period for Congress The Secretary shall—
(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and
(B) include and seek to address all comments submitted by members of Congress in the public rulemaking record for the regulation published in the Federal Register.
(3) Comment and review period; emergency situations The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall—
(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1);
(B) publish the length of the comment and review period in such notice and in the Federal Register; and
(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.
(Pub. L. 88210, § 8, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 690; amended Pub. L. 11495, title IX, § 9215(n)(2), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115224, § 9, title II, § 201(b), July 31, 2018, 132 Stat. 1574, 1622.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 8 of Pub. L. 88210 was classified to section 2307 of this title prior to the general amendment of this chapter by Pub. L. 109270.
Amendments2018—Subsec. (a). Pub. L. 115224, § 201(b), which made technical amendment to references in original Act which appeared in text as references to sections 2391(b) and 2413 of this title, could not be executed because of the intervening amendment by Pub. L. 115224, § 9(1), which had already amended those references. See below. Pub. L. 115224, § 9(1), substituted “Federal Government—” for “Federal Government to mandate, direct, or control a State, local educational agency, or schools curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter, except as required under sections 2322(b), 2391(b), and 2413 of this title.” and added pars. (1) to (3). Subsec. (d). Pub. L. 115224, § 9(2), amended subsec. (d) generally. Prior to amendment, text read as follows: “Nothing in this section shall be construed to affect the requirements under section 2323 of this title.” Subsec. (f). Pub. L. 115224, § 9(3), added subsec. (f). 2015—Subsec. (e). Pub. L. 11495 substituted “section 6311(b)(1) of this title” for “section 6311(b)(1)(D) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 2307 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this chapter (other than sections 2324 and 2327 of this title)—
(1) $1,229,568,538 for fiscal year 2019;
(2) $1,246,782,498 for fiscal year 2020;
(3) $1,264,237,452 for fiscal year 2021;
(4) $1,281,936,777 for fiscal year 2022;
(5) $1,299,883,892 for fiscal year 2023; and
(6) $1,318,082,266 for fiscal year 2024.
(Pub. L. 88210, § 9, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 691; amended Pub. L. 115224, § 10, July 31, 2018, 132 Stat. 1576.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2307, Pub. L. 88210, § 8, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3083, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 109270.
Amendments2018—Pub. L. 115224 amended section generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this chapter (other than sections 2324, 2327, and 2328 of this title, and subchapter II) such sums as may be necessary for each of the fiscal years 2007 through 2012.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2308 - Interdepartmental Task Force on Vocational Education and Related Programs
## Text
(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 [29 U.S.C. 701 et seq.], and the Wagner-Peyser Act [29 U.S.C. 49 et seq.];
(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.
(Pub. L. 101392, § 4, Sept. 25, 1990, 104 Stat. 758; Pub. L. 10466, title I, § 1041(f), Dec. 21, 1995, 109 Stat. 715.)
## Notes
Editorial Notes
References in TextThe Adult Education Act, referred to in subsec. (c)(1), was title III of Pub. L. 89750, Nov. 3, 1966, 80 Stat. 1216, which was classified generally to chapter 30 (§ 1201 et seq.) of this title, prior to repeal by Pub. L. 105220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079. For complete classification of this Act to the Code, see Tables. The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (c)(1), was Pub. L. 88210, Dec. 18, 1963, 77 Stat. 403, which was classified generally to this chapter, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3076, and amended generally and renamed the Carl D. Perkins Career and Technical Education Act of 2006 by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683. For complete classification of Pub. L. 88210 to the Code, see Short Title note set out under section 2301 of this title and Tables. The Job Training Partnership Act, referred to in subsec. (c)(1), is Pub. L. 97300, Oct. 13, 1982, 96 Stat. 1322, which was classified generally to chapter 19 (§ 1501 et seq.) of Title 29, Labor, and was repealed by Pub. L. 105220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of Title 29, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, were deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, Pub. L. 105220, Aug. 7, 1998, 112 Stat. 936, and, effective July 1, 2000, were deemed to refer to the corresponding provision of the Workforce Investment Act of 1998. The Workforce Investment Act of 1998 was repealed by Pub. L. 113128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93112, Sept. 26, 1973, 87 Stat. 355, which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Wagner-Peyser Act, referred to in subsec. (c)(1), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified principally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables.
Codification Section was enacted as part of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, and not as part of the Carl D. Perkins Career and Technical Education Act of 2006 which comprises this chapter. Section was formerly classified to section 2303 of this title.
Prior ProvisionsPrior sections 2311 to 2313 were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2311, Pub. L. 88210, title I, § 101, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2438; amended Pub. L. 99159, title VII, § 701, Nov. 22, 1985, 99 Stat. 904; Pub. L. 99357, July 8, 1986, 100 Stat. 761; Pub. L. 101392, title I, § 101(a), Sept. 25, 1990, 104 Stat. 759, related to allotments to States. See section 2321 of this title. Section 2311a, Pub. L. 88210, title I, § 101A, as added Pub. L. 101392, title I, § 101(b), Sept. 25, 1990, 104 Stat. 760; amended Pub. L. 103208, § 3, Dec. 20, 1993, 107 Stat. 2487; Pub. L. 103382, title III, § 369, Oct. 20, 1994, 108 Stat. 3976, related to grants to the territories. See section 2325 of this title. Section 2312, Pub. L. 88210, title I, § 102, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2440; amended Pub. L. 99159, title VII, § 702, Nov. 22, 1985, 99 Stat. 904; Pub. L. 101392, title I, § 102, Sept. 25, 1990, 104 Stat. 761; Pub. L. 102103, title III, § 311(a), Aug. 17, 1991, 105 Stat. 505, related to within State allocations. See section 2322 of this title. Section 2313, Pub. L. 88210, title I, § 103, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2440; amended Pub. L. 101392, title I, § 103, Sept. 25, 1990, 104 Stat. 762; Pub. L. 102103, title III, § 311(b), Aug. 17, 1991, 105 Stat. 505, related to Indian and Hawaiian natives programs.
Amendments1995—Subsec. (d). Pub. L. 10466 struck out heading and text of subsec. (d). Text read as follows: “The Task Force shall, every 2 years, submit a report on its findings to the appropriate committees of the Congress.”
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# 20 U.S.C. § 2321 - Reservations and State allotment
## Text
(a) Reservations and State allotment (1) Reservations From the amount appropriated under section 2307 of this title for each fiscal year, the Secretary shall reserve—
(A) 0.13 percent to carry out section 2325 of this title; and
(B) 1.50 percent to carry out section 2326 of this title, of which—
(i) 1.25 percent of the sum shall be available to carry out section 2326(b) of this title; and
(ii) 0.25 percent of the sum shall be available to carry out section 2326(h) of this title.
(2) Foundational grant (A) In general From the remainder of the amount appropriated under section 2307 of this title and not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for the fiscal year an amount equal to the amount the State received in fiscal year 2018.
(B) Ratable reduction If for any fiscal year the amount appropriated for allotments under this section is insufficient to satisfy the provisions of subparagraph (A), the payments to all States under such subparagraph shall be ratably reduced.
(3) Additional funds Subject to paragraph (4), from the additional funds remaining from the amount appropriated under section 2307 of this title and not expended under paragraphs (1) and (2) for a fiscal year, the Secretary shall allot to a State for the fiscal year—
(A) an amount that bears the same ratio to 50 percent of the sum being allotted as the product of the population aged 15 to 19, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the States allotment ratio bears to the sum of the corresponding products for all the States;
(B) an amount that bears the same ratio to 20 percent of the sum being allotted as the product of the population aged 20 to 24, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the States allotment ratio bears to the sum of the corresponding products for all the States;
(C) an amount that bears the same ratio to 15 percent of the sum being allotted as the product of the population aged 25 to 65, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the States allotment ratio bears to the sum of the corresponding products for all the States; and
(D) an amount that bears the same ratio to 15 percent of the sum being allotted as the amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under subparagraphs (A), (B), and (C) for such year.
(4) Minimum allotment for years with additional funds (A) In general Subject to subparagraph (B), for a fiscal year for which there are additional funds described in paragraph (3), no State shall receive for such fiscal year under paragraph (3) less than 1/2 of 1 percent of the additional funds available for such fiscal year. Amounts necessary for increasing such payments to States to comply with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States.
(B) Special rule In the case of a qualifying State, the minimum allotment under subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—
(i) 1/2 of 1 percent of the additional funds available for such fiscal year; and
(ii) the product of—
(I) 1/3 of the additional funds; multiplied by
(II) the quotient of—
(aa) the qualifying States ratio described in subparagraph (C) for the fiscal year for which the determination is made; divided by
(bb) the sum of all such ratios for all qualifying States for the fiscal year for which the determination is made.
(C) Ratio For purposes of subparagraph (B)(ii)(II)(aa), the ratio for a qualifying State for a fiscal year shall be 1.00 less the quotient of—
(i) the amount the qualifying State is allotted under paragraph (3) for the fiscal year; divided by
(ii) 1/2 of 1 percent of the amount appropriated under paragraph (3) for the fiscal year for which the determination is made.
(D) Definitions In this paragraph, the term “qualifying State” means a State (except the United States Virgin Islands) that, for the fiscal year for which a determination under this paragraph is made, would receive, under the allotment formula under paragraph (3) (without the application of this paragraph), an amount that would be less than the amount the State would receive under subparagraph (A) for such fiscal year.
(b) Reallotment If the Secretary determines that any amount of any States allotment under subsection (a) for any fiscal year will not be required for such fiscal year for carrying out the activities for which such amount has been allotted, the Secretary shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same year as the Secretary shall fix, and shall be made on the basis of criteria established by regulation. No funds may be reallotted for any use other than the use for which the funds were appropriated. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year and shall be deemed to be part of the States allotment for the year in which the amount is obligated.
(c) Allotment ratio (1) In general The allotment ratio for any State shall be 1.00 less the product of—
(A) 0.50; and
(B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of the Commonwealth of Puerto Rico and the United States Virgin Islands), except that—
(i) the allotment ratio in no case shall be more than 0.60 or less than 0.40; and
(ii) the allotment ratio for the Commonwealth of Puerto Rico and the United States Virgin Islands shall be 0.60.
(2) Promulgation The allotment ratios shall be promulgated by the Secretary for each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year for which the determination is made. Allotment ratios shall be computed on the basis of the average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for which satisfactory data are available.
(3) Definition of per capita income For the purpose of this section, the term “per capita income” means, with respect to a fiscal year, the total personal income in the calendar year ending in such year, divided by the population of the area concerned in such year.
(4) Population determination For the purposes of this section, population shall be determined by the Secretary on the basis of the latest estimates available to the Department of Education.
(d) Definition of State For the purpose of this section, the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.
(Pub. L. 88210, title I, § 111, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 691; amended Pub. L. 115224, title I, § 110, July 31, 2018, 132 Stat. 1576.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2321, Pub. L. 88210, title I, § 111, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3083; amended Pub. L. 106246, div. B, title II, § 2403(b), July 13, 2000, 114 Stat. 555, related to reservations and State allotment, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2321, Pub. L. 88210, title I, § 111, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2441; amended Pub. L. 101392, title I, § 111, Sept. 25, 1990, 104 Stat. 763; Pub. L. 103382, title III, § 391(s)(1), Oct. 20, 1994, 108 Stat. 4024, related to State administration, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Pub. L. 115224 amended section generally. Prior to amendment, section related to reservations and State allotment, reallotment, and allotment ratios.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2322 - Within State allocation
## Text
(a) In general From the amount allotted to each State under section 2321 of this title for a fiscal year, the eligible agency shall make available—
(1) not less than 85 percent for distribution under section 2351 or 2352 of this title, of which not more than 15 percent of the 85 percent may be used in accordance with subsection (c);
(2) not more than 10 percent to carry out State leadership activities described in section 2344 of this title, of which—
(A) an amount equal to not more than 2 percent of the amount allotted to the State under section 2321 of this title for the fiscal year shall be made available to serve individuals in State institutions, such as State correctional institutions, juvenile justice facilities, and educational institutions that serve individuals with disabilities;
(B) not less than $60,000 and not more than $150,000 shall be available for services that prepare individuals for non-traditional fields; and
(C) an amount shall be made available for the recruitment of special populations to enroll in career and technical education programs, which shall be not less than the lesser of—
(i) an amount equal to 0.1 percent; or
(ii) $50,000; and
(3) an amount equal to not more than 5 percent, or $250,000, whichever is greater, for administration of the State plan, which may be used for the costs of—
(A) developing the State plan;
(B) reviewing local applications;
(C) monitoring and evaluating program effectiveness;
(D) assuring compliance with all applicable Federal laws;
(E) providing technical assistance; and
(F) supporting and developing State data systems relevant to the provisions of this chapter.
(b) Matching requirement Each eligible agency receiving funds made available under subsection (a)(3) shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds received under subsection (a)(3).
(c) Reserve From amounts made available under subsection (a)(1) to carry out this subsection, an eligible agency may award grants to eligible recipients for career and technical education activities described in section 2355 of this title—
(1) in—
(A) rural areas;
(B) areas with high percentages of CTE concentrators or CTE participants;
(C) areas with high numbers of CTE concentrators or CTE participants; and
(D) areas with disparities or gaps in performance as described in section 2323(b)(3)(C)(ii)(II) of this title; and
(2) in order to—
(A) foster innovation through the identification and promotion of promising and proven career and technical education programs, practices, and strategies, which may include programs, practices, and strategies that prepare individuals for nontraditional fields; or
(B) promote the development, implementation, and adoption of programs of study or career pathways aligned with State-identified high-skill, high-wage, or in-demand occupations or industries.
(Pub. L. 88210, title I, § 112, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 695; amended Pub. L. 115224, title I, § 111, July 31, 2018, 132 Stat. 1579.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2322, Pub. L. 88210, title I, § 112, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3086, related to allocations within States, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2322, Pub. L. 88210, title I, § 112, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2443; amended Pub. L. 99159, title VII, § 703, Nov. 22, 1985, 99 Stat. 905; Pub. L. 101392, title I, § 112, Sept. 25, 1990, 104 Stat. 765; Pub. L. 102367, title VI, § 601(b)(1), Sept. 7, 1992, 106 Stat. 1102, related to State councils on vocational education, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a)(1). Pub. L. 115224, § 111(1)(A), substituted “15 percent” for “10 percent”. Subsec. (a)(2)(A). Pub. L. 115224, § 111(1)(B)(i), substituted “2 percent” for “1 percent”, “State correctional institutions, juvenile justice facilities, and educational institutions” for “State correctional institutions and institutions”, and “disabilities;” for “disabilities; and”. Subsec. (a)(2)(C). Pub. L. 115224, § 111(1)(B)(ii), added subpar. (C). Subsec. (a)(3)(B). Pub. L. 115224, § 111(1)(C), substituted “local applications;” for “a local plan;”. Subsec. (c). Pub. L. 115224, § 111(2), substituted “section 2355 of this title—” for “section 2355 of this title in—”, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows: “(1) rural areas; “(2) areas with high percentages of career and technical education students; and “(3) areas with high numbers of career and technical education students.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2325 - Assistance for the outlying areas
## Text
(a) Outlying areas From funds reserved pursuant to section 2321(a)(1)(A) of this title, the Secretary shall—
(1) make a grant in the amount of $660,000 to Guam;
(2) make a grant in the amount of $350,000 to each of American Samoa and the Commonwealth of the Northern Mariana Islands; and
(3) make a grant of $160,000 to the Republic of Palau, subject to subsection (b).
(b) Restriction The Republic of Palau shall cease to be eligible to receive funding under this section upon entering into an agreement for an extension of United States educational assistance under the Compact of Free Association, unless otherwise provided in such agreement.
(Pub. L. 88210, title I, § 115, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 706; amended Pub. L. 115224, title I, § 114, July 31, 2018, 132 Stat. 1597.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2325, Pub. L. 88210, title I, § 115, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3094, related to assistance for outlying areas, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2325, Pub. L. 88210, title I, § 115, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2449; amended Pub. L. 101392, title I, § 115, Sept. 25, 1990, 104 Stat. 770; Pub. L. 101476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103382, title III, § 391(s)(3), Oct. 20, 1994, 108 Stat. 4024, related to State and local standards and measures, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a)(3). Pub. L. 115224, § 114(1), substituted “subject to subsection (b)” for “subject to subsection (d)”. Subsecs. (b) to (d). Pub. L. 115224, § 114(2), (3), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which provided for grants of the remainder of funds reserved pursuant to section 2321(a)(1)(A) of this title and established a limitation on use.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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title: "20 U.S.C. § 2326"
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title_name: "EDUCATION"
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# 20 U.S.C. § 2326 - Native American programs
## Text
(a) Definitions In this section:
(1) Alaska Native The term “Alaska Native” means a Native as such term is defined in section 1602 of title 43.
(2) Bureau-funded school The term “Bureau-funded school” has the meaning given the term in section 2021 of title 25.
(3) Native Hawaiian The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
(4) Native Hawaiian organization The term “Native Hawaiian organization” has the meaning given the term in section 7517 of this title.
(b) Program authorized (1) Authority From funds reserved under section 2321(a)(1)(B)(i) of this title, the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools.
(2) Indian Tribes and Tribal organizations The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of section 5321 of title 25 and shall be conducted in accordance with the provisions of sections 5345, 5346, and 5347 of title 25, which are relevant to the programs administered under this subsection.
(3) Special authority relating to secondary schools operated or supported by the Bureau of Indian Education An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Education to enable such school to carry out career and technical education programs.
(4) Matching If sufficient funding is available, the Bureau of Indian Education shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Education shall expend not less than the amount expended during the prior fiscal year on career and technical education programs, services, and technical activities administered directly by, or under contract with, the Bureau of Indian Education, except that in no year shall funding for such programs, services, and activities be provided from accounts and programs that support other Indian education programs. The Secretary and the Director of the Bureau of Indian Education shall prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Education.
(5) Regulations If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary shall—
(A) confer with, and allow for active participation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and
(B) promulgate the regulations under subchapter III of chapter 5 of title 5, commonly known as the “Negotiated Rulemaking Act of 1990”.
(6) Application Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive assistance under this subsection may apply individually or as part of a consortium with another such Indian Tribe, Tribal organization, or Bureau-funded school.
(c) Authorized activities (1) Authorized programs Funds made available under this section shall be used to carry out career and technical education programs consistent with the purpose of this chapter.
(2) Special rule Notwithstanding section 2302(5)(A)(iii) of this title, funds made available under this section may be used to provide preparatory, refresher, and remedial education services that are designed to enable students to achieve success in career and technical education programs or programs of study.
(3) Stipends (A) In general Funds received pursuant to grants or contracts awarded under subsection (b) may be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work-study programs.
(B) Amount Stipends described in subparagraph (A) shall not exceed reasonable amounts as prescribed by the Secretary.
(d) Grant or contract application In order to receive a grant or contract under this section, an organization, Tribe, or entity described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, Tribe, or entity shall comply with the requirements of this section.
(e) Restrictions and special considerations The Secretary may not place upon grants awarded or contracts entered into under subsection (b) any restrictions relating to programs other than restrictions that apply to grants made to or contracts entered into with States pursuant to allotments under section 2321(a) of this title. The Secretary, in awarding grants and entering into contracts under this section, shall ensure that the grants and contracts will improve career and technical education programs, and shall give special consideration to—
(1) programs that involve, coordinate with, or encourage Tribal economic development plans; and
(2) applications from tribally controlled colleges or universities that—
(A) are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary career and technical education; or
(B) operate career and technical education programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization, and issue certificates for completion of career and technical education programs.
(f) Consolidation of funds Each organization, Tribe, or entity receiving assistance under this section may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
(g) Nonduplicative and nonexclusive services Nothing in this section shall be construed—
(1) to limit the eligibility of any organization, Tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this subchapter; or
(2) to preclude or discourage any agreement, between any organization, Tribe, or entity described in subsection (b) and any eligible agency or eligible recipient, to facilitate the provision of services by such eligible agency or eligible recipient to the population served by such eligible agency or eligible recipient.
(h) Native Hawaiian programs From the funds reserved pursuant to section 2321(a)(1)(B)(ii) of this title, the Secretary shall award grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Native Hawaiians.
(Pub. L. 88210, title I, § 116, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 707; amended Pub. L. 11495, title IX, § 9215(n)(5), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115224, title I, § 115, July 31, 2018, 132 Stat. 1598.)
## Notes
Editorial Notes
References in TextThe Indian Employment, Training and Related Services Demonstration Act of 1992, referred to in subsec. (f), is Pub. L. 102477, Oct. 23, 1992, 106 Stat. 2302, which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Employment, Training and Related Services Act of 1992 by Pub. L. 11593, § 2, Dec. 18, 2017, 131 Stat. 2026. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 25 and Tables.
Prior ProvisionsA prior section 2326, Pub. L. 88210, title I, § 116, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3094; amended Pub. L. 107110, title VII, § 702(b), (c), Jan. 8, 2002, 115 Stat. 1946, 1947, related to Native American program, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2326, Pub. L. 88210, title I, § 116, as added Pub. L. 101392, title I, § 116, Sept. 25, 1990, 104 Stat. 772, related to State assessments of program quality, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a). Pub. L. 115224, § 115(1), redesignated pars. (4) and (5) as (3) and (4), respectively, made technical amendments to capitalization of “Native” and “Hawaiian” in headings of pars. (1), (3), and (4) of original Act requiring no change in text and to reference in par. (4) of original Act which appears in text as reference to section 7517 of this title, and struck out former par. (3) which defined “Indian”, “Indian tribe”, and “tribal organization” as having the meanings given those terms in section 5304 of title 25. Subsec. (b)(1). Pub. L. 115224, § 115(2)(A), substituted “Indian Tribes, Tribal organizations,” for “Indian tribes, tribal organizations,”. Subsec. (b)(2). Pub. L. 115224, § 115(2)(B)(iii), (iv), made technical amendment to references in original Act which appear in text as references to section 5321 of title 25 and sections 5345, 5346, and 5347 of title 25. Pub. L. 115224, § 115(2)(B)(i), (ii), substituted “Indian tribes and tribal organizations” for “Indian tribes and tribal organizations” in heading of original Act which appears in heading as “Indian Tribes and Tribal organizations” and substituted “Indian Tribe or Tribal organization” for “Indian tribe or tribal organization” in text. Subsec. (b)(3). Pub. L. 115224, § 115(2)(C), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” in heading and text and substituted “An Indian Tribe, a Tribal organization,” for “An Indian tribe, a tribal organization,”. Subsec. (b)(4). Pub. L. 115224, § 115(2)(D), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” wherever appearing and “Director of the Bureau of Indian Education” for “Assistant Secretary of the Interior for Indian Affairs”. Subsec. (b)(5)(A). Pub. L. 115224, § 115(2)(E), substituted “Indian Tribes, Tribal organizations, and individual Tribal members” for “Indian tribes, tribal organizations, and individual tribal members”. Subsec. (b)(6). Pub. L. 115224, § 115(2)(F), substituted “Indian Tribe, Tribal organization,” for “Indian tribe, tribal organization,” in two places. Subsec. (c)(2), (3). Pub. L. 115224, § 115(3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (d) to (g). Pub. L. 115224, § 115(4)(7), substituted “Tribe” for “tribe” and “Tribal” for “tribal” wherever appearing. 2015—Subsec. (a)(5). Pub. L. 11495 made technical amendment to reference in original act which appears in text as reference to section 7517 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
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# 20 U.S.C. § 2327 - Tribally controlled postsecondary career and technical institutions
## Text
(a) Grant program Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under—
(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or
(2) the Navajo Community College Act (Public Law 92189; 85 Stat. 646).
(b) Uses of grants Amounts made available under this section shall be used for career and technical education programs for Indian students and for the institutional support costs of the grant, including the expenses described in subsection (e).
(c) Amount of grants (1) In general If the sums appropriated for any fiscal year for grants under this section are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this section for such fiscal year, the Secretary shall first allocate to each such applicant who received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicants 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 institutions control.
(2) Per capita determination For the purposes of paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled postsecondary career and technical institutions under this section for such program year by the sum of the Indian student counts of such institutions for such program year. The Secretary shall, on the basis of the most accurate data available from the institutions, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this section.
(3) Indirect costs Notwithstanding any other provision of law or regulation, the Secretary shall not require the use of a restricted indirect cost rate for grants issued under this section.
(d) Applications To be eligible to receive a grant under this section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.) or the Navajo Community College Act (Public Law 92189; 85 Stat. 646) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(e) Expenses (1) In general The Secretary shall, subject to the availability of appropriations, provide for each program year to each tribally controlled postsecondary career and technical institution having an application approved by the Secretary, an amount necessary to pay expenses associated with—
(A) the maintenance and operation of the program, including development costs, costs of basic and special instruction (including special programs for individuals with disabilities and academic instruction), materials, student costs, administrative expenses, boarding costs, transportation, student services, daycare and family support programs for students and their families (including contributions to the costs of education for dependents), and student stipends;
(B) capital expenditures, including operations and maintenance, and minor improvements and repair, and physical plant maintenance costs, for the conduct of programs funded under this section;
(C) costs associated with repair, upkeep, replacement, and upgrading of the instructional equipment; and
(D) institutional support of career and technical education.
(2) Accounting Each institution receiving a grant under this section shall provide annually to the Secretary an accurate and detailed accounting of the institutions operating and maintenance expenses and such other information concerning costs as the Secretary may reasonably require.
(f) Other programs (1) In general Except as specifically provided in this chapter, eligibility for assistance under this section shall not preclude any tribally controlled postsecondary career and technical institution from receiving Federal financial assistance under any program authorized under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.], or under any other applicable program for the benefit of institutions of higher education or career and technical education.
(2) Prohibition on alteration of grant amount The amount of any grant for which tribally controlled postsecondary career and technical institutions are eligible under this section shall not be altered because of funds allocated to any such institution from funds appropriated under section 13 of title 25.
(3) Prohibition on contract denial No tribally controlled postsecondary career and technical institution for which an Indian Tribe has designated a portion of the funds appropriated for the Tribe from funds appropriated under section 13 of title 25, may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.
(g) Complaint resolution procedure The Secretary shall establish (after consultation with tribally controlled postsecondary career and technical institutions) a complaint resolution procedure for grant determinations and calculations under this section for tribally controlled postsecondary career and technical institutions.
(h) Definitions In this section:
(1) Indian; Indian Tribe The terms “Indian” and “Indian Tribe” have the meanings given the terms “Indian” and “Indian tribe”, respectively, in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801).
(2) Indian student count (A) In general The term “Indian student count” means a number equal to the total number of Indian students enrolled in each tribally controlled postsecondary career and technical institution, as determined in accordance with subparagraph (B).
(B) Determination (i) Enrollment For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of—
(I) in the case of the fall term, the third week of the fall term; and
(II) in the case of the spring term, the third week of the spring term.
(ii) Calculation For each academic year, the Indian student count for a tribally controlled postsecondary career and technical institution shall be the quotient obtained by dividing—
(I) the sum of the credit hours of all Indian students enrolled in the tribally controlled postsecondary career and technical institution (as determined under clause (i)); by
(II) 12.
(iii) Summer term Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term.
(iv) Students without secondary school degrees (I) In general A credit earned at a tribally controlled postsecondary career and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution.
(II) Presumption The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled.
(III) Credits toward secondary school degree No credit earned by an Indian student for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count under this clause.
(v) Continuing education programs Any credit earned by an Indian student in a continuing education program of a tribally controlled postsecondary career and technical institution shall be included in the determination of the sum of all credit hours of the student if the credit is converted to a credit hour basis in accordance with the system of the institution for providing credit for participation in the program.
(i) Authorization of appropriations There are authorized to be appropriated to carry out this section—
(1) $9,762,539 for fiscal year 2019;
(2) $9,899,215 for fiscal year 2020;
(3) $10,037,804 for fiscal year 2021;
(4) $10,178,333 for fiscal year 2022;
(5) $10,320,829 for fiscal year 2023; and
(6) $10,465,321 for fiscal year 2024.
(Pub. L. 88210, title I, § 117, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 710; amended Pub. L. 110315, title IX, § 941(j)(2), (k)(2)(D)(ii), Aug. 14, 2008, 122 Stat. 3465, 3466; Pub. L. 115224, title I, § 116, July 31, 2018, 132 Stat. 1599.)
## Notes
Editorial Notes
References in TextThe Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsecs. (a)(1) and (d), is Pub. L. 95471, Oct. 17, 1978, 92 Stat. 1325. Title I of the Act is classified generally to subchapter I (§ 1802 et seq.) of chapter 20 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. The Navajo Community College Act, referred to in subsecs. (a)(2) and (d), is Pub. L. 92189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of Title 25, Indians, and was omitted from the Code as being of special and not general application. The Higher Education Act of 1965, referred to in subsec. (f)(1), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f)(3), is Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
Prior ProvisionsA prior section 2327, Pub. L. 88210, title I, § 117, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3097; amended Pub. L. 106554, § 1(a)(1) [title III, § 310], Dec. 21, 2000, 114 Stat. 2763, 2763A46; Pub. L. 10720, title II, § 2701(a), July 24, 2001, 115 Stat. 181, related to tribally controlled postsecondary vocational and technical institutions, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2327, Pub. L. 88210, title I, § 117, as added Pub. L. 101392, title I, § 116, Sept. 25, 1990, 104 Stat. 772, related to program evaluation and improvement, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsecs. (a)(2), (d). Pub. L. 115224, § 116(1), (2), substituted “(Public Law 92189; 85 Stat. 646)” for “(25 U.S.C. 640a et seq.)”. Subsec. (f)(3). Pub. L. 115224, § 116(3), substituted “Tribe” for “tribe” in two places. Subsec. (h). Pub. L. 115224, § 116(4), substituted “Indian tribe” for “indian tribe” in heading of original Act which appears in heading as “Indian Tribe” and substituted “terms Indian and Indian Tribe have the meanings given the terms Indian and Indian tribe, respectively, in” for “terms Indian and Indian tribe have the meanings given the terms in” in text. Subsec. (i). Pub. L. 115224, § 116(5), added subsec. (i) and struck out former subsec. (i) which authorized appropriations as necessary for fiscal years 2007 through 2012. 2008—Subsec. (a). Pub. L. 110315, § 941(j)(2)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary shall, subject to the availability of appropriations, make grants pursuant to this section to tribally controlled postsecondary career and technical institutions that are not receiving Federal support under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et seq.) to provide basic support for the education and training of Indian students.” Subsec. (d). Pub. L. 110315, § 941(j)(2)(B), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “Any tribally controlled postsecondary career and technical institution that is not receiving Federal support under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et seq.) that desires to receive a grant under this section shall submit an application to the Secretary in such manner and form as the Secretary may require.” Subsec. (h)(1). Pub. L. 110315, § 941(k)(2)(D)(ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2328 - Repealed. Pub. L. 115224, title I, § 117, July 31, 2018, 132 Stat. 1599
## Notes
Section, Pub. L. 88210, title I, § 118, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 713; amended Pub. L. 113128, title V, § 512(e)(1), July 22, 2014, 128 Stat. 1706, Pub. L. 115 related to occupational and employment information and grants to States.
A prior section 2328, Pub. L. 88210, title I, § 118, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3100, related to occupational and employment information, prior to the general amendment of this chapter by Pub. L. 109270.
Another prior section 2328, Pub. L. 88210, title I, § 118, as added Pub. L. 101392, title I, § 116, Sept. 25, 1990, 104 Stat. 773, related to criteria for services and activities for individuals who are members of special populations, prior to the general amendment of this chapter by Pub. L. 105332.
A prior section 2331, Pub. L. 88210, title II, § 201, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 776, related to State programs and State leadership activities, prior to the general amendment of this chapter by Pub. L. 105332.
Another prior section 2331 and prior sections 2332 to 2334 were omitted in the general amendment of this subchapter by Pub. L. 101392.
Section 2331, Pub. L. 88210, title II, § 201, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2450; amended Pub. L. 100297, title II, § 2401(a), Apr. 28, 1988, 102 Stat. 324, related to use of a portion of a States allotment to provide vocational education services and activities to meet special needs of handicapped individuals, disadvantaged individuals, single parents, homemakers, or single pregnant women, and other groups.
Section 2332, Pub. L. 88210, title II, § 202, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2452; amended Pub. L. 100202, § 101(h) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329256, 1329279; Pub. L. 100297, title II, § 2401(b), (c), Apr. 28, 1988, 102 Stat. 324, related to distribution of assistance from State allotment to provide vocational education opportunities.
Section 2333, Pub. L. 88210, title II, § 203, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2453; amended Pub. L. 99159, title VII, § 705, Nov. 22, 1985, 99 Stat. 905, related to allocation within individual States of the funds available for vocational education services and activities for the handicapped.
Section 2334, Pub. L. 88210, title II, § 204, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2454; amended Pub. L. 101476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142, related to criteria for services and activities for the handicapped and for the disadvantaged.
Prior sections 2335 to 2336 were omitted in the general amendment of this chapter by Pub. L. 105332.
Section 2335, Pub. L. 88210, title II, § 221, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 777, related to programs for single parents, displaced homemakers, and single pregnant women.
Section 2335a, Pub. L. 88210, title II, § 222, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to sex equity programs.
Section 2335b, Pub. L. 88210, title II, § 223, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to competitive award of amounts and evaluation of programs.
Section 2336, Pub. L. 88210, title II, § 225, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 778, related to programs for criminal offenders.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 2019, see section 4 of Pub. L. 115224, set out as an Effective Date of 2018 Amendment note under section 2301 of this title.
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# 20 U.S.C. § 2341 - State administration
## Text
(a) Eligible agency responsibilities The responsibilities of an eligible agency under this subchapter shall include—
(1) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this subchapter, including preparation for non-traditional fields;
(2) consultation with the Governor and appropriate agencies, groups, and individuals including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, representatives of business (including small businesses), labor organizations, eligible recipients, local program administrators, State and local officials, Indian Tribes or Tribal organizations present in the State, parents, students, and community organizations;
(3) convening and meeting as an eligible agency (consistent with State law and procedure for the conduct of such meetings) at such time as the eligible agency determines necessary to carry out the eligible agencys responsibilities under this subchapter, but not less than 4 times annually; and
(4) the adoption of such procedures as the eligible agency considers necessary to—
(A) implement State level coordination with the activities undertaken by the State boards under section 3111 of title 29; and
(B) make available to the one-stop delivery system under section 3151 of title 29 within the State a listing of all school dropout, postsecondary education, and adult programs assisted under this subchapter.
(b) Exception Except with respect to the responsibilities set forth in subsection (a), the eligible agency may delegate any of the other responsibilities of the eligible agency that involve the administration, operation, or supervision of activities assisted under this subchapter, in whole or in part, to 1 or more appropriate State agencies.
(Pub. L. 88210, title I, § 121, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 715; amended Pub. L. 113128, title V, § 512(e)(2), July 22, 2014, 128 Stat. 1706; Pub. L. 115224, title I, § 121, July 31, 2018, 132 Stat. 1599.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2341, Pub. L. 88210, title I, § 121, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3102, related to State administration, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2341 and prior sections 2341a to 2341c were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2341, Pub. L. 88210, title II, § 231, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 779; amended Pub. L. 103382, title III, § 391(s)(4), (5), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 104193, title I, § 110(i)(1), Aug. 22, 1996, 110 Stat. 2172, related to distribution of funds to secondary school programs. See section 2351 of this title. Another prior section 2341, Pub. L. 88210, title II, § 251, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2455; amended Pub. L. 100418, title VI, § 6132, Aug. 23, 1988, 102 Stat. 1511, related to the uses of the portion of a States allotment available for vocational education program improvement, innovation, and expansion, prior to the general amendment of former subchapter II of this chapter by Pub. L. 101392. Section 2341a, Pub. L. 88210, title II, § 232, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 781; amended Pub. L. 103208, § 4, Dec. 20, 1993, 107 Stat. 2487; Pub. L. 103382, title III, § 351(a)(1), Oct. 20, 1994, 108 Stat. 3966; Pub. L. 104193, title I, § 110(i)(2), Aug. 22, 1996, 110 Stat. 2172, related to distribution of funds to postsecondary and adult programs. See section 2352 of this title. Section 2341b, Pub. L. 88210, title II, § 233, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 782, related to special rule for minimal allocations. See section 2353 of this title. Section 2341c, Pub. L. 88210, title II, § 234, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 783, related to reallocations. See section 2353 of this title.
Amendments2018—Subsec. (a)(2). Pub. L. 115224 substituted “teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, representatives of business (including small businesses), labor organizations, eligible recipients, local program administrators, State and local officials, Indian Tribes or Tribal organizations present in the State, parents, students, and community organizations;” for “parents, students, teachers, teacher and faculty preparation programs, representatives of businesses (including small businesses), labor organizations, eligible recipients, State and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under this subchapter;”. 2014—Subsec. (a)(4)(A). Pub. L. 113128, § 512(e)(2)(A), substituted “activities undertaken by the State boards under section 3111 of title 29” for “activities undertaken by the State boards under section 2821 of title 29”. Subsec. (a)(4)(B). Pub. L. 113128, § 512(e)(2)(B), substituted “the one-stop delivery system under section 3151 of title 29” for “the service delivery system under section 2841 of title 29”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 2342 - State plan
## Text
(a) State plan (1) In general Each eligible agency desiring assistance under this subchapter for any fiscal year shall prepare and submit to the Secretary a State plan for a 4-year period, consistent with subsection (b) and paragraph (5), together with such annual revisions as the eligible agency determines to be necessary, except that, during the period described in section 2303 of this title, each eligible agency may submit a transition plan that shall fulfill the eligible agencys obligation to submit a State plan under this section for the first fiscal year following July 31, 2018.
(2) Revisions Each eligible agency—
(A) may submit such annual revisions of the State plan to the Secretary as the eligible agency determines to be necessary; and
(B) shall, after the second year of the 4-year period, conduct a review of activities assisted under this subchapter and submit any revisions of the State plan that the eligible agency determines necessary to the Secretary.
(3) Hearing process The eligible agency shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups (including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, labor organizations, parents, students, Indian Tribes and Tribal organizations that may be present in the State, and community organizations), an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the eligible agencys response to such recommendations shall be included in the State plan.
(4) Public comment Each eligible agency shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. In the plan the eligible agency files under this subsection, the eligible agency shall provide an assurance that public comments were taken into account in the development of the State plan.
(5) Optional submission of subsequent plans An eligible agency may, after the first 4-year State plan is submitted under this section, submit subsequent 4-year plans not later than 120 days prior to the end of the 4-year period covered by the preceding State plan or, if an eligible agency chooses not to submit a State plan for a subsequent 4-year period, the eligible agency shall submit, and the Secretary shall approve, annual revisions to the State determined levels of performance in the same manner as revisions submitted and approved under section 2323(b)(3)(A)(ii) of this title.
(b) Options for submission of State plan (1) Combined plan The eligible agency may submit a combined plan that meets the requirements of this section and the requirements of section 3113 of title 29.
(2) Notice to Secretary The eligible agency shall inform the Secretary of whether the eligible agency intends to submit a combined plan described in paragraph (1) or a single plan.
(c) Plan development (1) In general The eligible agency shall—
(A) develop the State plan in consultation with—
(i) representatives of secondary and postsecondary career and technical education programs, including eligible recipients and representatives of 2-year minority-serving institutions and historically Black colleges and universities and tribally controlled colleges or universities in States where such institutions are in existence, adult career and technical education providers, and charter school representatives in States where such schools are in existence, which shall include teachers, faculty, school leaders, specialized instructional support personnel, career and academic guidance counselors, and paraprofessionals;
(ii) interested community representatives, including parents, students, and community organizations;
(iii) representatives of the State workforce development board established under section 3111 of title 29 (referred to in this section as the “State board”);
(iv) members and representatives of special populations;
(v) representatives of business and industry (including representatives of small business), which shall include representatives of industry and sector partnerships in the State, as appropriate, and representatives of labor organizations in the State;
(vi) representatives of agencies serving out-of-school youth, homeless children and youth, and at-risk youth, including the State Coordinator for Education of Homeless Children and Youths established or designated under section 11432(d)(3) of title 42;
(vii) representatives of Indian Tribes and Tribal organizations located in, or providing services in, the State; and
(viii) individuals with disabilities; and
(B) consult the Governor of the State, and the heads of other State agencies with authority for career and technical education programs that are not the eligible agency, with respect to the development of the State plan.
(2) Activities and procedures The eligible agency shall develop effective activities and procedures, including access to information needed to use such procedures, to allow the individuals and entities described in paragraph (1) to participate in State and local decisions that relate to development of the State plan.
(3) Consultation with the Governor The consultation described in paragraph (1)(B) shall include meetings of officials from the eligible agency and the Governors office and shall occur—
(A) during the development of such plan; and
(B) prior to submission of the plan to the Secretary.
(d) Plan contents The State plan shall include—
(1) a summary of State-supported workforce development activities (including education and training) in the State, including the degree to which the States career and technical education programs and programs of study are aligned with and address the education and skill needs of the employers in the State identified by the State board;
(2) the States strategic vision and set of goals for preparing an educated and skilled workforce (including special populations) and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the States career and technical education programs will help to meet these goals;
(3) a strategy for any joint planning, alignment, coordination, and leveraging of funds—
(A) between the States career and technical education programs and programs of study with the States workforce development system, to achieve the strategic vision and goals described in paragraph (2), including the core programs defined in section 3102 of title 29 and the elements related to system alignment under section 3112(b)(2)(B) of title 29; and
(B) for programs carried out under this subchapter with other Federal programs, which may include programs funded under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.];
(4) a description of the career and technical education programs or programs of study that will be supported, developed, or improved at the State level, including descriptions of—
(A) the programs of study to be developed at the State level and made available for adoption by eligible recipients;
(B) the process and criteria to be used for approving locally developed programs of study or career pathways, including how such programs address State workforce development and education needs and the criteria to assess the extent to which the local application under section 2352 of this title will—
(i) promote continuous improvement in academic achievement and technical skill attainment;
(ii) expand access to career and technical education for special populations; and
(iii) support the inclusion of employability skills in programs of study and career pathways;
(C) how the eligible agency will—
(i) make information on approved programs of study and career pathways (including career exploration, work-based learning opportunities, early college high schools, and dual or concurrent enrollment program opportunities) and guidance and advisement resources, available to students (and parents, as appropriate), representatives of secondary and postsecondary education, and special populations, and to the extent practicable, provide that information and those resources in a language students, parents, and educators can understand;
(ii) facilitate collaboration among eligible recipients in the development and coordination of career and technical education programs and programs of study and career pathways that include multiple entry and exit points;
(iii) use State, regional, or local labor market data to determine alignment of eligible recipients programs of study to the needs of the State, regional, or local economy, including in-demand industry sectors and occupations identified by the State board, and to align career and technical education with such needs, as appropriate;
(iv) ensure equal access to approved career and technical education programs of study and activities assisted under this chapter for special populations;
(v) coordinate with the State board to support the local development of career pathways and articulate processes by which career pathways will be developed by local workforce development boards, as appropriate;
(vi) support effective and meaningful collaboration between secondary schools, postsecondary institutions, and employers to provide students with experience in, and understanding of, all aspects of an industry, which may include work-based learning such as internships, mentorships, simulated work environments, and other hands-on or inquiry-based learning activities; and
(vii) improve outcomes and reduce performance gaps for CTE concentrators, including those who are members of special populations; and
(D) how the eligible agency may include the opportunity for secondary school students to participate in dual or concurrent enrollment programs, early college high school, or competency-based education;
(5) a description of the criteria and process for how the eligible agency will approve eligible recipients for funds under this chapter, including how—
(A) each eligible recipient will promote academic achievement;
(B) each eligible recipient will promote skill attainment, including skill attainment that leads to a recognized postsecondary credential; and
(C) each eligible recipient will ensure the comprehensive needs assessment under section 2354(c) of this title takes into consideration local economic and education needs, including, where appropriate, in-demand industry sectors and occupations;
(6) a description of how the eligible agency will support the recruitment and preparation of teachers, including special education teachers, faculty, school principals, administrators, specialized instructional support personnel, and paraprofessionals to provide career and technical education instruction, leadership, and support, including professional development that provides the knowledge and skills needed to work with and improve instruction for special populations;
(7) a description of how the eligible agency will use State leadership funds under section 2344 of this title;
(8) a description of how funds received by the eligible agency through the allotment made under section 2321 of this title will be distributed—
(A) among career and technical education at the secondary level, or career and technical education at the postsecondary and adult level, or both, including how such distribution will most effectively provide students with the skills needed to succeed in the workplace; and
(B) among any consortia that may be formed among secondary schools and eligible institutions, and how funds will be distributed among the members of the consortia, including the rationale for such distribution and how it will most effectively provide students with the skills needed to succeed in the workplace;
(9) a description of the eligible agencys program strategies for special populations, including a description of how individuals who are members of special populations—
(A) will be provided with equal access to activities assisted under this chapter;
(B) will not be discriminated against on the basis of status as a member of a special population;
(C) will be provided with programs designed to enable individuals who are members of special populations to meet or exceed State determined levels of performance described in section 2323 of this title, and prepare special populations for further learning and for high-skill, high-wage, or in-demand industry sectors or occupations;
(D) will be provided with appropriate accommodations; and
(E) will be provided instruction and work-based learning opportunities in integrated settings that support competitive, integrated employment;
(10) a description of the procedure the eligible agency will adopt for determining State determined levels of performance described in section 2323 of this title, which, at a minimum, shall include—
(A) a description of the process for public comment under section 2323(b)(3)(B) of this title as part of the development of the State determined levels of performance under section 2323(b) of this title;
(B) an explanation of the State determined levels of performance; and
(C) a description of how the State determined levels of performance set by the eligible agency align with the levels, goals, and objectives of other Federal and State laws;
(11) a description of how the eligible agency will address disparities or gaps in performance, as described in section 2323(b)(3)(C)(ii)(II) of this title, in each of the plan years, and if no meaningful progress has been achieved prior to the third program year, a description of the additional actions the eligible agency will take to eliminate these disparities or gaps;
(12) describes 11 So in original. Probably should be “a description of”. how the eligible agency will involve parents, academic and career and technical education teachers, administrators, faculty, career guidance and academic counselors, local business (including small businesses), labor organizations, and representatives of Indian Tribes and Tribal organizations, as appropriate, in the planning, development, implementation, and evaluation of such career and technical education programs; and 22 So in original. The word “and” probably should not appear.
(13) assurances that—
(A) the eligible agency will comply with the requirements of this chapter and the provisions of the State plan, including the provision of a financial audit of funds received under this chapter, which may be included as part of an audit of other Federal or State programs;
(B) none of the funds expended under this chapter will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the acquiring entity or the employees of the acquiring entity, or any affiliate of such an organization;
(C) the eligible agency will use the funds to promote preparation for high-skill, high-wage, or in-demand industry sectors or occupations and non-traditional fields, as identified by the eligible agency;
(D) the eligible agency will use the funds provided under this chapter to implement career and technical education programs and programs of study for individuals in State correctional institutions, including juvenile justice facilities; and
(E) the eligible agency will provide local educational agencies, area career and technical education schools, and eligible institutions in the State with technical assistance, including technical assistance on how to close gaps in student participation and performance in career and technical education programs; and
(14) a description of the opportunities for the public to comment in person and in writing on the State plan under this subsection.
(e) Consultation (1) In general The eligible agency shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, and secondary career and technical education after consultation with—
(A) the State agency responsible for supervision of community colleges, technical institutes, other 2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education, or, where applicable, institutions of higher education that are engaged in providing postsecondary career and technical education as part of their mission;
(B) the State agency responsible for secondary education; and
(C) the State agency responsible for adult education.
(2) Objections of State agencies If a State agency other than the eligible agency finds that a portion of the final State plan is objectionable, that objection shall be filed together with the State plan. The eligible agency shall respond to any objections of such State agency in the State plan submitted to the Secretary.
(3) Joint signature authority A Governor shall have 30 days prior to the eligible agency submitting the State plan to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the eligible agency to the Governor, the eligible agency shall submit the plan to the Secretary without such signature.
(f) Plan approval (1) In general Not later than 120 days after the eligible agency submits its State plan, the Secretary shall approve such State plan, or a revision of the plan under subsection (a)(2) (including a revision of State determined levels of performance in accordance with section 2323(b)(3)(A)(iii) of this title), if the Secretary determines that the State has submitted in its State plan State determined levels of performance that meet the criteria established in section 2323(b)(3) of this title, including the minimum requirements described in section 2323(b)(3)(A)(i)(III) of this title, unless the Secretary—
(A) determines that the State plan does not meet the requirements of this chapter, including the minimum requirements as described in section 2323(b)(3)(A)(i)(III) of this title; and
(B) meets the requirements of paragraph (2) with respect to such plan.
(2) Disapproval The Secretary—
(A) shall have the authority to disapprove a State plan only if the Secretary—
(i) determines how the State plan fails to meet the requirements of this chapter; and
(ii) provides to the eligible agency, in writing, notice of such determination and the supporting information and rationale to substantiate such determination; and
(B) shall not finally disapprove a State plan, except after making the determination and providing the information described in subparagraph (A), and giving the eligible agency notice and an opportunity for a hearing.
(Pub. L. 88210, title I, § 122, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 715; amended Pub. L. 113128, title V, § 512(e)(3), July 22, 2014, 128 Stat. 1706; Pub. L. 11495, title IX, § 9215(n)(6), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115224, title I, § 122, July 31, 2018, 132 Stat. 1600.)
## Notes
Editorial Notes
References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(B), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27. Title II of the Act is classified generally to subchapter II (§ 6601 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Higher Education Act of 1965, referred to in subsec. (d)(3)(B), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219. Title II of the Act is classified generally to subchapter II (§ 1021 et seq.) of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Prior ProvisionsA prior section 2342, Pub. L. 88210, title I, § 122, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3102, related to State plan, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2342, Pub. L. 88210, title II, § 235, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 783, related to uses of funds, prior to the general amendment of this chapter by Pub. L. 105332. Another prior section 2342, Pub. L. 88210, title II, § 252, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2457, related to criteria for program improvement, innovation, and expansion, prior to the general amendment of former subchapter II of this chapter by Pub. L. 101392.
Amendments2018—Subsec. (a)(1). Pub. L. 115224, § 122(1)(A), substituted “4-year period, consistent with subsection (b) and paragraph (5),” for “6-year period,” and “July 31, 2018” for “August 12, 2006”. Subsec. (a)(2)(B). Pub. L. 115224, § 122(1)(B), substituted “4-year period” for “6-year period”. Subsec. (a)(3). Pub. L. 115224, § 122(1)(C), substituted “(including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, labor organizations, parents, students, Indian Tribes and Tribal organizations that may be present in the State, and community organizations)” for “(including charter school authorizers and organizers consistent with State law, employers, labor organizations, parents, students, and community organizations)”. Subsec. (a)(4), (5). Pub. L. 115224, § 122(1)(D), added pars. (4) and (5). Subsecs. (b) to (f). Pub. L. 115224, § 122(2), added subsecs. (b) to (f) and struck out former subsecs. (b) to (e) which related to development, contents, options, and approval of State plans. 2015—Subsec. (c)(1)(I)(i). Pub. L. 11495, § 9215(n)(6)(A), substituted “aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” for “aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”. Subsec. (c)(7)(A)(i). Pub. L. 11495, § 9215(n)(6)(B), substituted “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)” for “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)”. 2014—Subsec. (b)(1)(A)(viii). Pub. L. 113128, § 512(e)(3)(A), substituted “entities participating in activities described in section 3111 of title 29” for “entities participating in activities described in section 2821 of title 29”. Subsec. (c)(20). Pub. L. 113128, § 512(e)(3)(B), substituted “the description and information specified in subparagraphs (B) and (C)(iii) of section 3112(b)(2), and, as appropriate, section 3113(b)(3)(A), and section 3151(c), of title 29 concerning the provision of services only for postsecondary students and school dropouts” for “the description and information specified in sections 2822(b)(8) and 2841(c) of title 29 concerning the provision of services only for postsecondary students and school dropouts”. Subsec. (d)(2). Pub. L. 113128, § 512(e)(3)(C), substituted “combined plan” for “501 plan” in heading and “as part of the plan submitted under section 3113 of title 29” for “as part of the plan submitted under section 501 of Public Law 105220” in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 2343 - Improvement plans
## Text
(a) State program improvement (1) Plan If a State fails to meet at least 90 percent of the State determined level of performance for any of the core indicators of performance described in 2323(b)(2) 11 So in original. Probably should be preceded by “section”. of this title for all CTE concentrators, the eligible agency shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with the appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible agency failed to so meet the State determined level of performance for any of the core indicators of performance.
(2) Technical assistance If the Secretary determines that an eligible agency is not properly implementing the eligible agencys responsibilities under section 2342 of this title, or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),,22 So in original. based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.
(3) Subsequent action (A) In general The Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligible agencys allotment under paragraphs (2) and (3) of section 2322(a) of this title if the eligible agency—
(i) fails to implement an improvement plan as described in paragraph (1); or
(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.
(B) Waiver for exceptional circumstances The Secretary may waive the sanction in subparagraph (A) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State.
(4) Funds resulting from reduced allotments The Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency to provide technical assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent with the requirements of this chapter for such State.
(5) Adjustments prohibited An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.
(b) Local program improvement (1) Local evaluation Each eligible agency shall evaluate annually, using the local levels of performance described in section 2323(b)(4) of this title, the career and technical education activities of each eligible recipient receiving funds under this subchapter.
(2) Plan If, after reviewing the evaluation in paragraph (1), the eligible agency determines that an eligible recipient failed to meet at least 90 percent of an agreed upon local level of performance for any of the core indicators of performance described in section 2323(b)(4) of this title for all CTE concentrators, the eligible recipient shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible recipient failed to so meet any of the local levels of performance for any of the core indicators of performance.
(3) Technical assistance If the eligible agency determines that an eligible recipient is not properly implementing the eligible recipients responsibilities under section 2354 of this title, or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the eligible agency shall work with the eligible recipient to implement improvement activities consistent with the requirements of this chapter.
(4) Subsequent action (A) In general The eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion, of the eligible recipients allotment under this subchapter if the eligible recipient—
(i) fails to implement an improvement plan as described in paragraph (2); or
(ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (2), fails to meet at least 90 percent of the local level of performance for such core indicator for 2 consecutive years after the eligible recipient has been identified for improvement under such paragraph.
(B) Waiver for exceptional circumstances In determining whether to impose sanctions under subparagraph (A), the eligible agency may waive imposing sanctions—
(i) due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible recipient;
(ii) based on the impact on the eligible recipients reported performance of the small size of the career and technical education program operated by the eligible recipient; or
(iii) in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.
(5) Funds resulting from reduced allotments The eligible agency shall use funds withheld under paragraph (4) from an eligible recipient to provide (through alternative arrangements) services and activities to students within the area served by such recipient to meet the purposes of this chapter.
(6) Adjustments prohibited An eligible recipient shall not be eligible to adjust performance levels while executing an improvement plan under this section.
(Pub. L. 88210, title I, § 123, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 721; amended Pub. L. 115224, title I, § 123, July 31, 2018, 132 Stat. 1606.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2343, Pub. L. 88210, title I, § 123, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3106, related to improvement plans, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2343, Pub. L. 88210, title II, § 240, as added Pub. L. 101392, title II, § 201, Sept. 25, 1990, 104 Stat. 784, related to local applications, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a)(1). Pub. L. 115224, § 123(1)(A), substituted “percent of the” for “percent of an agreed upon”, “State determined level of performance” for “State adjusted level of performance” in two places, “2323(b)(2) of this title for all CTE concentrators” for “section 2323(b)(3) of this title”, and “(that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps)” for “(with special consideration to performance gaps identified under section 2323(c)(2) of this title)”. Subsec. (a)(2). Pub. L. 115224, § 123(1)(B), substituted “purposes of this section, including after implementation of the improvement plan described in paragraph (1),” for “purposes of this chapter” and “State determined levels of performance” for “States adjusted levels of performance”. Subsec. (a)(3)(A)(ii), (iii). Pub. L. 115224, § 123(1)(C), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: “(ii) fails to make any improvement in meeting any of the State adjusted levels of performance for the core indicators of performance identified under paragraph (1) within the first program year of implementation of its improvement plan described in paragraph (1); or “(iii) fails to meet at least 90 percent of an agreed upon State adjusted level of performance for the same core indicator of performance for 3 consecutive years.” Subsec. (a)(5). Pub. L. 115224, § 123(1)(D), added par. (5). Subsec. (b). Pub. L. 115224, § 123(2)(A), substituted “local level” for “local adjusted level” and “local levels” for “local adjusted levels” wherever appearing. Subsec. (b)(2). Pub. L. 115224, § 123(2)(B)(ii), which directed substitution of “(that includes an analysis of the performance disparities or gaps identified under section 2323(b)(3)(C)(ii)(II) of this title, and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 2354(d)(1) of this title, the eligible agency, and” for “(with special consideration to performance gaps identified under section 2323(b)(4)(C)(ii)(II) of this title in consultation with the eligible agency,”, was executed by making the substitution for text containing another closing parenthesis after “of this title”, to reflect the probable intent of Congress. Pub. L. 115224, § 123(2)(B)(i), inserted “for all CTE concentrators” after “section 2323(b)(4) of this title”. Subsec. (b)(4)(A)(ii), (iii). Pub. L. 115224, § 123(2)(C)(i), added cl. (ii) and struck out former cls. (ii) and (iii) which read as follows: “(ii) fails to make any improvement in meeting any of the local adjusted levels of performance for the core indicators of performance identified under paragraph (2) within the first program year of implementation of its improvement plan described in paragraph (2); or “(iii) fails to meet at least 90 percent of an agreed upon local adjusted level of performance for the same core indicator of performance for 3 consecutive years.” Subsec. (b)(4)(B)(iii). Pub. L. 115224, § 123(2)(C)(ii), added cl. (iii). Subsec. (b)(6). Pub. L. 115224, § 123(2)(D), added par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2344 - State leadership activities
## Text
(a) General authority From amounts reserved under section 2322(a)(2) of this title, each eligible agency shall—
(1) conduct State leadership activities to improve career and technical education, which shall include support for—
(A) preparation for non-traditional fields in current and emerging professions, programs for special populations, and other activities that expose students, including special populations, to high-skill, high-wage, and in-demand occupations;
(B) individuals in State institutions, such as State correctional institutions, including juvenile justice facilities, and educational institutions that serve individuals with disabilities;
(C) recruiting, preparing, or retaining career and technical education teachers, faculty, specialized instructional support personnel, or paraprofessionals, such as preservice, professional development, or leadership development programs; and
(D) technical assistance for eligible recipients; and
(2) report on the effectiveness of such use of funds in achieving the goals described in section 2342(d)(2) of this title and the State determined levels of performance described in section 2323(b)(3)(A) of this title, and reducing disparities or performance gaps as described in section 2323(b)(3)(C)(ii)(II) of this title.
(b) Permissible uses of funds The State leadership activities described in subsection (a) may include—
(1) developing statewide programs of study, which may include standards, curriculum, and course development, and career exploration, guidance, and advisement activities and resources;
(2) approving locally developed programs of study that meet the requirements established in section 2342(d)(4)(B) of this title;
(3) establishing statewide articulation agreements aligned to approved programs of study;
(4) establishing statewide industry or sector partnerships among local educational agencies, institutions of higher education, adult education providers, Indian Tribes and Tribal organizations that may be present in the State, employers, including small businesses, and parents, as appropriate to—
(A) develop and implement programs of study aligned to State and local economic and education needs, including, as appropriate, in-demand industry sectors and occupations;
(B) facilitate the establishment, expansion, and integration of opportunities for students at the secondary level to—
(i) successfully complete coursework that integrates rigorous and challenging technical and academic instruction aligned with the challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)(1)]; and
(ii) earn a recognized postsecondary credential or credit toward a recognized postsecondary credential, which may be earned through a dual or concurrent enrollment program or early college high school, at no cost to the student or the students family; and
(C) facilitate work-based learning opportunities (including internships, externships, and simulated work environments) into programs of study;
(5) for teachers, faculty, specialized instructional support personnel, and paraprofessionals providing career and technical education instruction, support services, and specialized instructional support services, high-quality comprehensive professional development that is, to the extent practicable, grounded in evidence-based research (to the extent a State determines that such evidence is reasonably available) that identifies the most effective educator professional development process and is coordinated and aligned with other professional development activities carried out by the State (including under title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6601 et seq.] and title II of the Higher Education Act of 1965 [20 U.S.C. 1021 et seq.]), including programming that—
(A) promotes the integration of the challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)(1)] and relevant technical knowledge and skills, including programming jointly delivered to academic and career and technical education teachers;
(B) prepares career and technical education teachers, faculty, specialized instructional support personnel, and paraprofessionals to provide appropriate accommodations for students who are members of special populations, including through the use of principles of universal design for learning, multi-tier systems of supports, and positive behavioral interventions and support; and
(C) increases the ability of teachers, faculty, specialized instructional support personnel, and paraprofessionals providing career and technical education instruction to stay current with industry standards and earn an industry-recognized credential or license, as appropriate, including by assisting those with relevant industry experience in obtaining State teacher licensure or credential requirements;
(6) supporting eligible recipients in eliminating inequities in student access to—
(A) high-quality programs of study that provide skill development; and
(B) effective teachers, faculty, specialized instructional support personnel, and paraprofessionals;
(7) awarding incentive grants to eligible recipients—
(A) for exemplary performance in carrying out programs under this chapter, which awards shall be based on—
(i) eligible recipients exceeding the local level of performance on a core indicator of performance established under section 2323(b)(4)(A) of this title in a manner that reflects sustained or significant improvement;
(ii) eligible recipients effectively developing connections between secondary education and postsecondary education and training;
(iii) the integration of academic and technical standards;
(iv) eligible recipients progress in closing achievement gaps among subpopulations who participate in programs of study; or
(v) other factors relating to the performance of eligible recipients under this chapter as the eligible agency determines are appropriate; or
(B) if an eligible recipient elects to use funds as permitted under section 2355(c) of this title;
(8) providing support for—
(A) the adoption and integration of recognized postsecondary credentials and work-based learning into programs of study, and for increasing data collection associated with recognized postsecondary credentials and employment outcomes; or
(B) consultation and coordination with other State agencies for the identification and examination of licenses or certifications that—
(i) pose an unwarranted barrier to entry into the workforce for career and technical education students; and
(ii) do not protect the health, safety, or welfare of consumers;
(9) the creation, implementation, and support of pay for success initiatives leading to a recognized postsecondary credential;
(10) support for career and technical education programs for adults and out-of-school youth concurrent with their completion of their secondary school education in a school or other educational setting;
(11) the creation, evaluation, and support of competency-based curricula;
(12) support for the development, implementation, and expansion of programs of study or career pathways in areas declared to be in a state of emergency under section 5191 of title 42;
(13) partnering with qualified intermediaries to improve training, the development of public-private partnerships, systems development, capacity-building, and scalability of the delivery of high-quality career and technical education;
(14) improvement of career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including academic and financial aid counseling;
(15) support for the integration of employability skills into career and technical education programs and programs of study;
(16) support for programs and activities that increase access, student engagement, and success in science, technology, engineering, and mathematics fields (including computer science, coding, and architecture), support for the integration of arts and design skills, and support for hands-on learning, particularly for students who are members of groups underrepresented in such subject fields, such as female students, minority students, and students who are members of special populations;
(17) support for career and technical student organizations, especially with respect to efforts to increase the participation of students in nontraditional fields and students who are members of special populations;
(18) support for establishing and expanding work-based learning opportunities that are aligned to career and technical education programs and programs of study;
(19) integrating and aligning programs of study and career pathways;
(20) supporting the use of career and technical education programs and programs of study aligned with State, regional, or local high-skill, high-wage, or in-demand industry sectors or occupations identified by the State workforce development board described in section 3111 of title 29 or local workforce development boards;
(21) making all forms of instructional content widely available, which may include use of open educational resources;
(22) developing valid and reliable assessments of competencies and technical skills and enhancing data systems to collect and analyze data on secondary and postsecondary academic and employment outcomes;
(23) support for accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7114(b)(3)(A)(i)(IV)], in the case of any such program that is part of a career and technical education program of study;
(24) support for career academies to implement a postsecondary education and workforce-ready curriculum at the secondary education level that integrates rigorous academic, technical, and employability contents through career and technical education programs and programs of study that address needs described in the comprehensive needs assessment under section 2354(c) of this title; and
(25) other State leadership activities that improve career and technical education.
(c) Restriction on uses of funds An eligible agency that receives funds under section 2322(a)(2) of this title may not use any of such funds for administrative costs, unless expressly authorized under subsection (a).
(Pub. L. 88210, title I, § 124, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 723; amended Pub. L. 113128, title V, § 512(e)(4), July 22, 2014, 128 Stat. 1707; Pub. L. 11495, title IX, § 9215(n)(7), Dec. 10, 2015, 129 Stat. 2170; Pub. L. 115224, title I, § 124, July 31, 2018, 132 Stat. 1608.)
## Notes
Editorial Notes
References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(5), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27, as amended. Title II of the Act is classified generally to subchapter II (§ 6601 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Higher Education Act of 1965, referred to in subsec. (b)(5), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title II of the Act is classified generally to subchapter II (§ 1021 et seq.) of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Prior ProvisionsA prior section 2344, Pub. L. 88210, title I, § 124, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3107, related to State leadership activities, prior to the general amendment of this chapter by Pub. L. 109270.
Amendments2018—Subsec. (a). Pub. L. 115224, § 124(1), substituted “shall—” for “shall conduct State leadership activities.” and added pars. (1) and (2). Subsec. (b). Pub. L. 115224, § 124(2), substituted “Permissible” for “Required” in heading and “may” for “shall” in introductory provisions, added pars. (1) to (25), and struck out former pars. (1) to (9) which set out activities required to be included in State leadership activities. Subsecs. (c), (d). Pub. L. 115224, § 124(3)(5), redesignated subsec. (d) as (c), inserted “, unless expressly authorized under subsection (a)” before period at end, and struck out former subsec. (c) which set out permissible uses of funds for State leadership activities. 2015—Subsec. (b)(4)(A). Pub. L. 11495 substituted “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)” for “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)”. 2014—Subsec. (c)(13). Pub. L. 113128 substituted “such as through referral to the system established under section 3151 of title 29” for “such as through referral to the system established under section 2841 of title 29”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 2351 - Distribution of funds to secondary education programs
## Text
(a) Distribution rules Except as provided in section 2353 of this title and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under section 2322(a)(1) of this title to carry out this section to local educational agencies within the State as follows:
(1) Thirty percent Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory—
(A) data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]; or
(B) student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system.
(2) Seventy percent Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year, as determined on the basis of the most recent satisfactory data used under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6333(c)(1)(A)], compared to the total number of such individuals who reside in the school districts served by all the local educational agencies in the State for such preceding fiscal year.
(3) Adjustments Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data used to make the allocations to—
(A) reflect any change in school district boundaries that may have occurred since the data were collected; and
(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Education.
(b) Waiver for more equitable distribution The Secretary may waive the application of subsection (a) in the case of any eligible agency that submits to the Secretary an application for such a waiver that—
(1) demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of title 42) to local educational agencies within the State than the formula described in subsection (a); and
(2) includes a proposal for such an alternative formula.
(c) Minimum allocation (1) In general Except as provided in paragraph (2), a local educational agency shall not receive an allocation under subsection (a) unless the amount allocated to such agency under subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum allocation requirement of this paragraph.
(2) Waiver The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency—
(A) (i) is located in a rural, sparsely populated area; or
(ii) is a public charter school operating secondary school career and technical education programs or programs of study; and
(B) demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part.
(3) Redistribution Any amounts that are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or (2) in accordance with the provisions of this section.
(d) Limited jurisdiction agencies (1) In general In applying the provisions of subsection (a), no eligible agency receiving assistance under this subchapter shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local educational agency or regional educational agency that provides secondary school services to secondary school students in the same attendance area.
(2) Special rule The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved.
(e) Allocations to area career and technical education schools and educational service agencies (1) In general Each eligible agency shall distribute the portion of funds made available under section 2322(a)(1) of this title for any fiscal year by such eligible agency for career and technical education activities at the secondary level under this section to the appropriate area career and technical education school or educational service agency in any case in which the area career and technical education school or educational service agency, and the local educational agency concerned—
(A) have formed or will form a consortium for the purpose of receiving funds under this section; or
(B) have entered into or will enter into a cooperative arrangement for such purpose.
(2) Allocation basis If an area career and technical education school or educational service agency meets the requirements of paragraph (1), then the amount that would otherwise be distributed to the local educational agency shall be allocated to the area career and technical education school, the educational service agency, and the local educational agency based on each school, agency or entitys relative share of students who are attending career and technical education programs (based, if practicable, on the average enrollment for the preceding 3 years).
(3) Appeals procedure The eligible agency shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area career and technical education school or an educational service agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium or terminate a cooperative arrangement.
(f) Consortium requirements (1) Alliance Any local educational agency receiving an allocation that is not sufficient to conduct a program which meets the requirements of section 2355 of this title is encouraged to—
(A) form a consortium or enter into a cooperative agreement with an area career and technical education school or educational service agency offering programs that meet the requirements of section 2355 of this title;
(B) transfer such allocation to the area career and technical education school or educational service agency; and
(C) operate programs that are of sufficient size, scope, and quality to be effective.
(2) Funds to consortium Funds allocated to a consortium formed to meet the requirements of this subsection shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and can be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
(g) Data The Secretary shall collect information from eligible agencies regarding the specific dollar allocations made available by the eligible agency for career and technical education programs and programs of study under subsections (a), (b), (c), (d), and (e) and how these allocations are distributed to local educational agencies, area career and technical education schools, and educational service agencies, within the State in accordance with this section.
(h) Special rule Each eligible agency distributing funds under this section shall treat a secondary school funded by the Bureau of Indian Education within the State as if such school were a local educational agency within the State for the purpose of receiving a distribution under this section.
(Pub. L. 88210, title I, § 131, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 727; amended Pub. L. 115224, title I, § 131, July 31, 2018, 132 Stat. 1612.)
## Notes
Editorial Notes
References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(1)(A), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
Prior ProvisionsA prior section 2351, Pub. L. 88210, title I, § 131, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3109, related to distribution of funds to secondary school programs, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2351, Pub. L. 88210, title III, § 301, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2457, related to applications by community-based organizations, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a)(3)(B). Pub. L. 115224, § 131(1), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”. Subsec. (c)(2)(A)(ii). Pub. L. 115224, § 131(2), inserted “or programs of study” after “technical education programs”. Subsec. (g). Pub. L. 115224, § 131(3), inserted “and programs of study” after “technical education programs”. Subsec. (h). Pub. L. 115224, § 131(4), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2352 - Distribution of funds for postsecondary education programs
## Text
(a) Allocation (1) In general Except as provided in subsections (b) and (c) and section 2353 of this title, each eligible agency shall distribute the portion of the funds made available under section 2322(a)(1) of this title to carry out this section for any fiscal year to eligible institutions or consortia of eligible institutions within the State.
(2) Formula Each eligible institution or consortium of eligible institutions shall be allocated an amount that bears the same relationship to the portion of funds made available under section 2322(a)(1) of this title to carry out this section for any fiscal year as the sum of the number of individuals who are Federal Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 2355 of this title offered by such institution or consortium in the preceding fiscal year bears to the sum of the number of such recipients enrolled in such programs within the State for such year.
(3) Consortium requirements (A) In general In order for a consortium of eligible institutions described in paragraph (2) to receive assistance pursuant to such paragraph, such consortium shall operate joint projects that—
(i) provide services to all postsecondary institutions participating in the consortium; and
(ii) are of sufficient size, scope, and quality to be effective.
(B) Funds to consortium Funds allocated to a consortium formed to meet the requirements of this section shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and shall be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
(4) Waiver The eligible agency may waive the application of paragraph (3)(A)(i) in any case in which the eligible institution is located in a rural, sparsely populated area.
(b) Waiver for more equitable distribution The Secretary may waive the application of subsection (a) if an eligible agency submits to the Secretary an application for such a waiver that—
(1) demonstrates that the formula described in subsection (a) does not result in a distribution of funds to the eligible institutions or consortia within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula will result in such a distribution; and
(2) includes a proposal for such an alternative formula.
(c) Minimum grant amount (1) In general No institution or consortium shall receive an allocation under this section in an amount that is less than $50,000.
(2) Redistribution Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to eligible institutions or consortia in accordance with this section.
(Pub. L. 88210, title I, § 132, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 730.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2352, Pub. L. 88210, title I, § 132, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3112, related to distribution of funds for postsecondary vocational and technical education programs, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2352, Pub. L. 88210, title III, § 302, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2458; amended Pub. L. 101392, title III, § 301, Sept. 25, 1990, 104 Stat. 786, related to use of funds, prior to the general amendment of this chapter by Pub. L. 105332.
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# 20 U.S.C. § 2353 - Special rules for career and technical education
## Text
(a) Special rule for minimal allocation (1) General authority Notwithstanding the provisions of sections 2351 and 2352 of this title and in order to make a more equitable distribution of funds for programs serving the areas of greatest economic need, for any program year for which a minimal amount is made available by an eligible agency for distribution under section 2351 or 2352 of this title, such eligible agency may distribute such minimal amount for such year—
(A) on a competitive basis; or
(B) through any alternative method determined by the eligible agency.
(2) Minimal amount For purposes of this section, the term “minimal amount” means not more than 15 percent of the total amount made available for distribution under section 2322(a)(1) of this title.
(b) Redistribution (1) In general In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient is allocated for such year under section 2351 or 2352 of this title, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallocated under section 2351 or 2352 of this title, as appropriate.
(2) Redistribution of amounts returned late in an academic year In any academic year in which amounts are returned to the eligible agency under section 2351 or 2352 of this title and the eligible agency is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the eligible agency shall retain such amounts for distribution in combination with amounts provided under section 2322(a)(1) of this title for the following academic year.
(c) Construction Nothing in section 2351 or 2352 of this title shall be construed—
(1) to prohibit a local educational agency or a consortium thereof that receives assistance under section 2351 of this title, from working with an eligible institution or consortium thereof that receives assistance under section 2352 of this title, to carry out career and technical education programs or programs of study at the secondary level in accordance with this subchapter;
(2) to prohibit an eligible institution or consortium thereof that receives assistance under section 2352 of this title, from working with a local educational agency or consortium thereof that receives assistance under section 2351 of this title, to carry out postsecondary and adult career and technical education programs or programs of study in accordance with this subchapter; or
(3) to require a charter school, that provides career and technical education programs or programs of study and is considered a local educational agency under State law, to jointly establish the charter schools eligibility for assistance under this subchapter unless the charter school is explicitly permitted to do so under the States charter school statute.
(d) Consistent application For purposes of this section, the eligible agency shall provide funds to charter schools offering career and technical education programs or programs of study in the same manner as the eligible agency provides those funds to other schools. Such career and technical education programs or programs of study within a charter school shall be of sufficient size, scope, and quality to be effective.
(Pub. L. 88210, title I, § 133, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 731; amended Pub. L. 115224, title I, § 132, July 31, 2018, 132 Stat. 1612.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2353, Pub. L. 88210, title I, § 133, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3113, related to special rules for vocational and technical education, prior to the general amendment of this chapter by Pub. L. 109270.
Amendments2018—Subsecs. (c), (d). Pub. L. 115224 inserted “or programs of study” after “career and technical education programs” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2354 - Local application for career and technical education programs
## Text
(a) Local application required Any eligible recipient desiring financial assistance under this part shall, in accordance with requirements established by the eligible agency (in consultation with such other educational training entities as the eligible agency determines to be appropriate) submit a local application to the eligible agency. Such local application shall cover the same period of time as the period of time applicable to the State plan submitted under section 2342 of this title.
(b) Contents The eligible agency shall determine the requirements for local applications, except that each local application shall contain—
(1) a description of the results of the comprehensive needs assessment conducted under subsection (c);
(2) information on the career and technical education course offerings and activities that the eligible recipient will provide with funds under this part, which shall include not less than 1 program of study approved by a State under section 2344(b)(2) of this title, including—
(A) how the results of the comprehensive needs assessment described in subsection (c) informed the selection of the specific career and technical education programs and activities selected to be funded;
(B) a description of any new programs of study the eligible recipient will develop and submit to the State for approval; and
(C) how students, including students who are members of special populations, will learn about their schools career and technical education course offerings and whether each course is part of a career and technical education program of study;
(3) a description of how the eligible recipient, in collaboration with local workforce development boards and other local workforce agencies, one-stop delivery systems described in section 3151(e)(2) of title 29, and other partners, will provide—
(A) career exploration and career development coursework, activities, or services;
(B) career information on employment opportunities that incorporate the most up-to-date information on high-skill, high-wage, or in-demand industry sectors or occupations, as determined by the comprehensive needs assessment described in subsection (c); and
(C) an organized system of career guidance and academic counseling to students before enrolling and while participating in a career and technical education program;
(4) a description of how the eligible recipient will improve the academic and technical skills of students participating in career and technical education programs by strengthening the academic and career and technical education components of such programs through the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education programs to ensure learning in the subjects that constitute a well-rounded education (as defined in section 7801 of this title);
(5) a description of how the eligible recipient will—
(A) provide activities to prepare special populations for high-skill, high-wage, or in-demand industry sectors or occupations that will lead to self-sufficiency;
(B) prepare CTE participants for non-traditional fields;
(C) provide equal access for special populations to career and technical education courses, programs, and programs of study; and
(D) ensure that members of special populations will not be discriminated against on the basis of their status as members of special populations;
(6) a description of the work-based learning opportunities that the eligible recipient will provide to students participating in career and technical education programs and how the recipient will work with representatives from employers to develop or expand work-based learning opportunities for career and technical education students, as applicable;
(7) a description of how the eligible recipient will provide students participating in career and technical education programs with the opportunity to gain postsecondary credit while still attending high school, such as through dual or concurrent enrollment programs or early college high school, as practicable;
(8) a description of how the eligible recipient will coordinate with the eligible agency and institutions of higher education to support the recruitment, preparation, retention, and training, including professional development, of teachers, faculty, administrators, and specialized instructional support personnel and paraprofessionals who meet applicable State certification and licensure requirements (including any requirements met through alternative routes to certification), including individuals from groups underrepresented in the teaching profession; and
(9) a description of how the eligible recipient will address disparities or gaps in performance as described in section 2323(b)(3)(C)(ii)(II) of this title in each of the plan years, and if no meaningful progress has been achieved prior to the third program year, a description of the additional actions such recipient will take to eliminate those disparities or gaps.
(c) Comprehensive needs assessment (1) In general To be eligible to receive financial assistance under this part, an eligible recipient shall—
(A) conduct a comprehensive local needs assessment related to career and technical education and include the results of the needs assessment in the local application submitted under subsection (a); and
(B) not less than once every 2 years, update such comprehensive local needs assessment.
(2) Requirements The comprehensive local needs assessment described in paragraph (1) shall include each of the following:
(A) An evaluation of the performance of the students served by the eligible recipient with respect to State determined and local levels of performance established pursuant to section 2323 of this title, including an evaluation of performance for special populations and each subgroup described in section 6311(h)(1)(C)(ii) of this title.
(B) A description of how career and technical education programs offered by the eligible recipient are—
(i) sufficient in size, scope, and quality to meet the needs of all students served by the eligible recipient; and
(ii) (I) aligned to State, regional, Tribal, or local in-demand industry sectors or occupations identified by the State workforce development board described in section 3111 of title 29 (referred to in this section as the “State board”) or local workforce development board, including career pathways, where appropriate; or
(II) designed to meet local education or economic needs not identified by State boards or local workforce development boards.
(C) An evaluation of progress toward the implementation of career and technical education programs and programs of study.
(D) A description of how the eligible recipient will improve recruitment, retention, and training of career and technical education teachers, faculty, specialized instructional support personnel, paraprofessionals, and career guidance and academic counselors, including individuals in groups underrepresented in such professions.
(E) A description of progress toward implementation of equal access to high-quality career and technical education courses and programs of study for all students, including—
(i) strategies to overcome barriers that result in lower rates of access to, or performance gaps in, the courses and programs for special populations;
(ii) providing programs that are designed to enable special populations to meet the local levels of performance; and
(iii) providing activities to prepare special populations for high-skill, high-wage, or in-demand industry sectors or occupations in competitive, integrated settings that will lead to self-sufficiency.
(d) Consultation In conducting the comprehensive needs assessment under subsection (c), and developing the local application described in subsection (b), an eligible recipient shall involve a diverse body of stakeholders, including, at a minimum—
(1) representatives of career and technical education programs in a local educational agency or educational service agency, including teachers, career guidance and academic counselors, principals and other school leaders, administrators, and specialized instructional support personnel and paraprofessionals;
(2) representatives of career and technical education programs at postsecondary educational institutions, including faculty and administrators;
(3) representatives of the State board or local workforce development boards and a range of local or regional businesses or industries;
(4) parents and students;
(5) representatives of special populations;
(6) representatives of regional or local agencies serving out-of-school youth, homeless children and youth, and at-risk youth (as defined in section 6472 of this title);
(7) representatives of Indian Tribes and Tribal organizations in the State, where applicable; and
(8) any other stakeholders that the eligible agency may require the eligible recipient to consult.
(e) Continued consultation An eligible recipient receiving financial assistance under this part shall consult with stakeholders described in subsection (d) on an ongoing basis, as determined by the eligible agency. This may include consultation in order to—
(1) provide input on annual updates to the comprehensive needs assessment required under subsection (c)(1)(B);
(2) ensure programs of study are—
(A) responsive to community employment needs;
(B) aligned with employment priorities in the State, regional, tribal, or local economy identified by employers and the entities described in subsection (d), which may include in-demand industry sectors or occupations identified by the local workforce development board;
(C) informed by labor market information, including information provided under section 49l2(e)(2)(C) of title 29;
(D) designed to meet current, intermediate, or long-term labor market projections; and
(E) allow employer input, including input from industry or sector partnerships in the local area, where applicable, into the development and implementation of programs of study to ensure such programs of study align with skills required by local employment opportunities, including activities such as the identification of relevant standards, curriculum, industry-recognized credentials, and current technology and equipment;
(3) identify and encourage opportunities for work-based learning; and
(4) ensure funding under this part is used in a coordinated manner with other local resources.
(Pub. L. 88210, title I, § 134, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 732; amended Pub. L. 113128, title V, § 512(e)(5), July 22, 2014, 128 Stat. 1707; Pub. L. 11495, title IX, § 9215(n)(8), Dec. 10, 2015, 129 Stat. 2170; Pub. L. 115224, title I, § 133, July 31, 2018, 132 Stat. 1612.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2354, Pub. L. 88210, title I, § 134, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3114, related to local plan for vocational and technical education programs, prior to the general amendment of this chapter by Pub. L. 109270.
Amendments2018—Pub. L. 115224, § 133(1), substituted “Local application” for “Local plan” in section catchline. Subsec. (a). Pub. L. 115224, § 133(2), substituted “Local Application” for “Local plan” in heading and “local application” for “local plan” in two places in text. Subsecs. (b) to (e). Pub. L. 115224, § 133(3), added subsecs. (b) to (e) and struck out former subsec. (b) which related to contents of local plans. 2015—Subsec. (b)(3)(B)(i). Pub. L. 11495, § 9215(n)(8)(A), substituted “a well-rounded education (as defined in section 7801 of this title)” for “the core academic subjects (as defined in section 7801 of this title)”. Subsec. (b)(3)(E). Pub. L. 11495, § 9215(n)(8)(B), substituted “in order to provide a well-rounded education (as defined in section 7801 of this title)” for “in core academic subjects (as defined in section 7801 of this title)”. 2014—Subsec. (b)(5). Pub. L. 113128 substituted “entities participating in activities described in section 3122 of title 29 (if applicable)” for “entities participating in activities described in section 2832 of title 29 (if applicable)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 2355 - Local uses of funds
## Text
(a) General authority Each eligible recipient that receives funds under this part shall use such funds to develop, coordinate, implement, or improve career and technical education programs to meet the needs identified in the comprehensive needs assessment described in section 2354(c) of this title.
(b) Requirements for uses of funds Funds made available to eligible recipients under this part shall be used to support career and technical education programs that are of sufficient size, scope, and quality to be effective and that—
(1) provide career exploration and career development activities through an organized, systematic framework designed to aid students, including in the middle grades, before enrolling and while participating in a career and technical education program, in making informed plans and decisions about future education and career opportunities and programs of study, which may include—
(A) introductory courses or activities focused on career exploration and career awareness, including non-traditional fields;
(B) readily available career and labor market information, including information on—
(i) occupational supply and demand;
(ii) educational requirements;
(iii) other information on careers aligned to State, local, or Tribal (as applicable) economic priorities; and
(iv) employment sectors;
(C) programs and activities related to the development of student graduation and career plans;
(D) career guidance and academic counselors that provide information on postsecondary education and career options;
(E) any other activity that advances knowledge of career opportunities and assists students in making informed decisions about future education and employment goals, including non-traditional fields; or
(F) providing students with strong experience in, and comprehensive understanding of, all aspects of an industry;
(2) provide professional development for teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, which may include—
(A) professional development on supporting individualized academic and career and technical education instructional approaches, including the integration of academic and career and technical education standards and curricula;
(B) professional development on ensuring labor market information is used to inform the programs, guidance, and advisement offered to students, including information provided under section 49l2(e)(2)(C) of title 29;
(C) providing teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, as appropriate, with opportunities to advance knowledge, skills, and understanding of all aspects of an industry, including the latest workplace equipment, technologies, standards, and credentials;
(D) supporting school leaders and administrators in managing career and technical education programs in the schools, institutions, or local educational agencies of such school leaders or administrators;
(E) supporting the implementation of strategies to improve student achievement and close gaps in student participation and performance in career and technical education programs;
(F) providing teachers, faculty, specialized instructional support personnel, career guidance and academic counselors, principals, school leaders, or paraprofessionals, as appropriate, with opportunities to advance knowledge, skills, and understanding in pedagogical practices, including, to the extent the eligible recipient determines that such evidence is reasonably available, evidence-based pedagogical practices;
(G) training teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, or paraprofessionals, as appropriate, to provide appropriate accommodations for individuals with disabilities, and students with disabilities who are provided accommodations under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];
(H) training teachers, faculty, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals in frameworks to effectively teach students, including a particular focus on students with disabilities and English learners, which may include universal design for learning, multi-tier systems of supports, and positive behavioral interventions and support; or
(I) training for the effective use of community spaces that provide access to tools, technology, and knowledge for learners and entrepreneurs, such as makerspaces or libraries;
(3) provide within career and technical education the skills necessary to pursue careers in high-skill, high-wage, or in-demand industry sectors or occupations;
(4) support integration of academic skills into career and technical education programs and programs of study to support—
(A) CTE participants at the secondary school level in meeting the challenging State academic standards adopted under section 6311(b)(1) of this title by the State in which the eligible recipient is located; and
(B) CTE participants at the postsecondary level in achieving academic skills;
(5) plan and carry out elements that support the implementation of career and technical education programs and programs of study and that result in increasing student achievement of the local levels of performance established under section 2323 of this title, which may include—
(A) a curriculum aligned with the requirements for a program of study;
(B) sustainable relationships among education, business and industry, and other community stakeholders, including industry or sector partnerships in the local area, where applicable, that are designed to facilitate the process of continuously updating and aligning programs of study with skills that are in demand in the State, regional, or local economy, and in collaboration with business outreach staff in one-stop centers, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), and other appropriate organizations, including community-based and youth-serving organizations;
(C) where appropriate, expanding opportunities for CTE concentrators to participate in accelerated learning programs (as described in section 7114(b)(3)(A)(i)(IV) of this title), including dual or concurrent enrollment programs, early college high schools, and the development or implementation of articulation agreements as part of a career and technical education program of study;
(D) appropriate equipment, technology, and instructional materials (including support for library resources) aligned with business and industry needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials;
(E) a continuum of work-based learning opportunities, including simulated work environments;
(F) industry-recognized certification examinations or other assessments leading toward a recognized postsecondary credential;
(G) efforts to recruit and retain career and technical education program teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals;
(H) where applicable, coordination with other education and workforce development programs and initiatives, including career pathways and sector partnerships developed under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal laws and initiatives that provide students with transition-related services, including the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];
(I) expanding opportunities for students to participate in distance career and technical education and blended-learning programs;
(J) expanding opportunities for students to participate in competency-based education programs;
(K) improving career guidance and academic counseling programs that assist students in making informed academic and career and technical education decisions, including academic and financial aid counseling;
(L) supporting the integration of employability skills into career and technical education programs and programs of study, including through family and consumer science programs;
(M) supporting programs and activities that increase access, student engagement, and success in science, technology, engineering, and mathematics fields (including computer science and architecture) for students who are members of groups underrepresented in such subject fields;
(N) providing career and technical education, in a school or other educational setting, for adults or out-of-school youth to complete secondary school education or upgrade technical skills;
(O) supporting career and technical student organizations, including student preparation for and participation in technical skills competitions aligned with career and technical education program standards and curricula;
(P) making all forms of instructional content widely available, which may include use of open educational resources;
(Q) supporting the integration of arts and design skills, when appropriate, into career and technical education programs and programs of study;
(R) partnering with a qualified intermediary to improve training, the development of public-private partnerships, systems development, capacity-building, and scalability of the delivery of high-quality career and technical education;
(S) support to reduce or eliminate out-of-pocket expenses for special populations participating in career and technical education, including those participating in dual or concurrent enrollment programs or early college high school programs, and supporting the costs associated with fees, transportation, child care, or mobility challenges for those special populations; or
(T) other activities to improve career and technical education programs; and
(6) develop and implement evaluations of the activities carried out with funds under this part, including evaluations necessary to complete the comprehensive needs assessment required under section 2354(c) of this title and the local report required under section 2323(b)(4)(B) of this title.
(c) Pooling funds An eligible recipient may pool a portion of funds received under this chapter with a portion of funds received under this chapter available to one or more eligible recipients to support implementation of programs of study through the activities described in subsection (b)(2).
(d) Administrative costs Each eligible recipient receiving funds under this part shall not use more than 5 percent of such funds for costs associated with the administration of activities under this section.
(Pub. L. 88210, title I, § 135, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 734; amended Pub. L. 113128, title V, § 512(e)(6), July 22, 2014, 128 Stat. 1707; Pub. L. 11495, title IX, § 9215(n)(9), Dec. 10, 2015, 129 Stat. 2170; Pub. L. 115224, title I, § 134, July 31, 2018, 132 Stat. 1616.)
## Notes
Editorial Notes
References in TextThe Rehabilitation Act of 1973, referred to in subsec. (b)(2)(G), is Pub. L. 93112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(G), (5)(H), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(5)(H), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this title, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Prior ProvisionsA prior section 2355, Pub. L. 88210, title I, § 135, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3115, related to local uses of funds, prior to the general amendment of this chapter by Pub. L. 109270. Prior sections 2361 to 2363 were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2361, Pub. L. 88210, title III, § 311, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2458; amended Pub. L. 99159, title VII, § 706(b), Nov. 22, 1985, 99 Stat. 906; Pub. L. 101392, title III, § 302, Sept. 25, 1990, 104 Stat. 786, related to consumer and homemaking education grants. Section 2362, Pub. L. 88210, title III, § 312, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2458; amended Pub. L. 99159, title VII, § 706(c), Nov. 22, 1985, 99 Stat. 906; Pub. L. 101392, title III, § 303, Sept. 25, 1990, 104 Stat. 786, related to use of funds from consumer and homemaking education grants. Section 2363, Pub. L. 88210, title III, § 313, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2459; amended Pub. L. 99159, title VII, § 707, Nov. 22, 1985, 99 Stat. 906; Pub. L. 101392, title III, § 304, Sept. 25, 1990, 104 Stat. 786, related to information dissemination and leadership. For prior sections 2371 to 2383, see Prior Provisions note preceding section 2391 of this title.
Amendments2018—Pub. L. 115224 amended section generally. Prior to amendment, section related to local uses of funds, including required and permissive uses. 2015—Subsec. (b)(1)(A). Pub. L. 11495 substituted “a well-rounded education (as defined in section 7801 of this title)” for “the core academic subjects (as defined in section 7801 of this title)”. 2014—Subsec. (c)(16). Pub. L. 113128 substituted “such as through referral to the system established under section 3151 of title 29” for “such as through referral to the system established under section 2841 of title 29”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
@@ -0,0 +1,65 @@
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# 20 U.S.C. § 2391 - Fiscal requirements
## Text
(a) Supplement not supplant Funds made available under this chapter for career and technical education activities shall supplement, and shall not supplant, non-Federal funds expended to carry out career and technical education activities.
(b) Maintenance of effort (1) Determination (A) In general Except as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this chapter for any fiscal year, the Secretary must find that the States fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.
(B) Computation In computing the fiscal effort or aggregate expenditures pursuant to subparagraph (A), the Secretary shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.
(C) Decrease in Federal support If the amount made available for career and technical education programs under this chapter for a fiscal year is less than the amount made available for career and technical education programs under this chapter for the preceding fiscal year, then the fiscal effort per student or the aggregate expenditures of a State required by subparagraph (A) for the preceding fiscal year shall be decreased by the same percentage as the percentage decrease in the amount so made available.
(D) Establishing the state baseline For purposes of applying subparagraph (A) for years which require the calculation of the States fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following July 31, 2018, the State may determine the States fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by—
(i) continuing to use the States fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before July 31, 2018; or
(ii) establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the States fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year.
(2) Failure to meet (A) In general The Secretary shall reduce the amount of a States allotment of funds under this chapter for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the States fiscal effort per student or the States aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.
(B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.
(3) Waiver The Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.
(Pub. L. 88210, title II, § 211, formerly title III, § 311, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 742; renumbered title II, § 211, and amended Pub. L. 115224, title II, § 201(a)(1), (5), (6), July 31, 2018, 132 Stat. 1620, 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2391, Pub. L. 88210, title III, § 311, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3121, related to fiscal requirements, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2391, Pub. L. 88210, title III, § 331, formerly § 341, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2463; renumbered § 331 and amended Pub. L. 101392, title III, § 307(a)(2), (c), Sept. 25, 1990, 104 Stat. 787, stated findings of Congress, prior to the general amendment of this chapter by Pub. L. 105332.
Amendments2018—Subsec. (a). Pub. L. 115224, § 201(a)(1)(A), struck out “and tech prep program activities” before period at end. Subsec. (b)(1)(A). Pub. L. 115224, § 201(a)(1)(B)(i)(I), amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B) and (C), no payments shall be made under this chapter for any fiscal year to a State for career and technical education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made.” Subsec. (b)(1)(B). Pub. L. 115224, § 201(a)(1)(B)(i)(II), substituted “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.” for “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.” Subsec. (b)(1)(D). Pub. L. 115224, § 201(a)(1)(B)(i)(III), added subpar. (D). Subsec. (b)(2), (3). Pub. L. 115224, § 201(a)(1)(B)(ii), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary may waive the requirements of this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the eligible agency to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2392 - Authority to make payments
## Text
Any authority to make payments or to enter into contracts under this chapter shall be available only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 88210, title II, § 212, formerly title III, § 312, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 212, Pub. L. 115224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2392, Pub. L. 88210, title III, § 312, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3122, related to authority to make payments, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2392, Pub. L. 88210, title III, § 332, formerly § 342, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2464; amended Pub. L. 99159, title VII, § 709, Nov. 22, 1985, 99 Stat. 906; renumbered § 332 and amended Pub. L. 101392, title III, § 307(a)(2), (d), Sept. 25, 1990, 104 Stat. 787, authorized business-labor-education partnership training grants, prior to the general amendment of this chapter by Pub. L. 105332.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2393 - Construction
## Text
Nothing in this chapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of a private, religious, or home school, regardless of whether a home school is treated as a private school or home school under State law. This section shall not be construed to bar students attending private, religious, or home schools from participation in programs or services under this chapter.
(Pub. L. 88210, title II, § 213, formerly title III, § 313, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 213, Pub. L. 115224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2393, Pub. L. 88210, title III, § 313, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3122, related to construction of this chapter, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2393, Pub. L. 88210, title III, § 333, formerly § 343, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2465; amended Pub. L. 100418, title VI, § 6134(a), Aug. 23, 1988, 102 Stat. 1512; renumbered § 333, Pub. L. 101392, title III, § 307(a)(2), Sept. 25, 1990, 104 Stat. 787, related to use of grant funds, prior to the general amendment of this chapter by Pub. L. 105332.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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# 20 U.S.C. § 2394 - Voluntary selection and participation
## Text
No funds made available under this chapter shall be used—
(1) to require any secondary school student to choose or pursue a specific career pathway or program of study; or
(2) to mandate that any individual participate in a career and technical education program, including a career and technical education program that requires the attainment of a federally funded skill level, standard, or certificate of mastery.
(Pub. L. 88210, title II, § 214, formerly title III, § 314, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 743; renumbered title II, § 214, and amended Pub. L. 115224, title II, § 201(a)(2), (5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2394, Pub. L. 88210, title III, § 314, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to voluntary selection and participation, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2394 and prior sections 2394a to 2394e were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2394, Pub. L. 88210, title III, § 342, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 789, stated findings and purpose of Congress. Section 2394a, Pub. L. 88210, title III, § 343, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 789; amended Pub. L. 102103, title III, § 315, Aug. 17, 1991, 105 Stat. 508, authorized grants for tech-prep education programs. Section 2394b, Pub. L. 88210, title III, § 344, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 790; amended Pub. L. 103239, title VII, § 711(a), May 4, 1994, 108 Stat. 606, related to use of grant funds. Section 2394c, Pub. L. 88210, title III, § 345, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 791; amended Pub. L. 103239, title VII, § 711(b), May 4, 1994, 108 Stat. 606, related to applications for grants. Section 2394d, Pub. L. 88210, title III, § 346, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 792, related to reports. Section 2394e, Pub. L. 88210, title III, § 347, as added Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 792; amended Pub. L. 105244, title I, § 102(a)(6)(E), Oct. 7, 1998, 112 Stat. 1618, defined terms for purposes of tech-prep education grant program.
Amendments2018—Par. (1). Pub. L. 115224, § 201(a)(2), substituted “career pathway or program of study” for “career path or major”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Short TitlePub. L. 88210, title III, § 341, as added by Pub. L. 101392, title III, § 308, Sept. 25, 1990, 104 Stat. 788, which provided that part E of title III of Pub. L. 88210, enacting part E (§ 2394 et seq.) of former subchapter III of this chapter, could be cited as the “Tech-Prep Education Act”, was omitted in the general amendment of Pub. L. 88210 by Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.
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# 20 U.S.C. § 2395 - Limitation for certain students
## Text
No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in section 7801 of this title), except that equipment and facilities purchased with funds under this chapter may be used by such students.
(Pub. L. 88210, title II, § 215, formerly title III, § 315, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 215, and amended Pub. L. 115224, title II, § 201(a)(3), (5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2395, Pub. L. 88210, title III, § 315, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, imposed a limitation for certain students, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2395 and prior sections 2395a to 2395e were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2395, Pub. L. 88210, title III, § 351, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 792, stated purpose of supplementary State grant program. Section 2395a, Pub. L. 88210, title III, § 352, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to allotment to States. Section 2395b, Pub. L. 88210, title III, § 353, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to allocations to local educational agencies. Section 2395c, Pub. L. 88210, title III, § 354, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to use of grant funds. Section 2395d, Pub. L. 88210, title III, § 355, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 793, related to State applications for grants. Section 2395e, Pub. L. 88210, title III, § 356, as added Pub. L. 101392, title III, § 309, Sept. 25, 1990, 104 Stat. 794, related to local applications for grants.
Amendments2018—Pub. L. 115224, § 201(a)(3), inserted “or programs of study” after “career and technical education programs” and substituted “the middle grades (as such term is defined in section 7801 of this title)” for “seventh grade”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
@@ -0,0 +1,47 @@
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# 20 U.S.C. § 2396 - Federal laws guaranteeing civil rights
## Text
Nothing in this chapter shall be construed to be inconsistent with applicable Federal law prohibiting discrimination on the basis of race, color, sex, national origin, age, or disability in the provision of Federal programs or services.
(Pub. L. 88210, title II, § 216, formerly title III, § 316, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 216, Pub. L. 115224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2396, Pub. L. 88210, title III, § 316, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to Federal laws guaranteeing civil rights, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2396 and prior sections 2396a to 2396m were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2396, Pub. L. 88210, title III, § 362, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, stated purpose of community education employment centers and vocational education lighthouse schools program. Section 2396a, Pub. L. 88210, title III, § 363, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, authorized grants to establish and operate community education employment centers. Section 2396b, Pub. L. 88210, title III, § 364, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, related to program requirements. Section 2396c, Pub. L. 88210, title III, § 365, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 795, related to support services requirements. Section 2396d, Pub. L. 88210, title III, § 366, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 796, related to parental and community participation. Section 2396e, Pub. L. 88210, title III, § 367, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to employment and training of professional staff. Section 2396f, Pub. L. 88210, title III, § 368, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to eligibility for grants. Section 2396g, Pub. L. 88210, title III, § 369, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 797, related to applications to participate in grant program. Section 2396h, Pub. L. 88210, title III, § 370, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 798; amended Pub. L. 10466, title I, § 1041(d), Dec. 21, 1995, 109 Stat. 714, related to evaluation of student learning progress. Section 2396i, Pub. L. 88210, title III, § 371, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 798, defined terms “eligible recipient” and “parent”. Section 2396m, Pub. L. 88210, title III, § 375, as added Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 798, authorized grants to establish and operate vocational education lighthouse schools.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Short TitlePub. L. 88210, title III, § 361, as added by Pub. L. 101392, title III, § 310, Sept. 25, 1990, 104 Stat. 794, which provided that part G of title III of Pub. L. 88210, enacting part G (§ 2396 et seq.) of former subchapter III of this chapter, could be cited as the “Community Education Employment Center Act of 1990”, was omitted in the general amendment of Pub. L. 88210 by Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.
@@ -0,0 +1,53 @@
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# 20 U.S.C. § 2397 - Participation of private school personnel and children
## Text
(a) Personnel An eligible agency or eligible recipient that uses funds under this chapter for in-service and preservice career and technical education professional development programs for career and technical education teachers, administrators, and other personnel shall, to the extent practicable, upon written request, permit the participation in such programs of career and technical education secondary school teachers, administrators, and other personnel in nonprofit private schools offering career and technical secondary education programs located in the geographical area served by such eligible agency or eligible recipient.
(b) Student participation (1) Student participation Except as prohibited by State or local law, an eligible recipient may, upon written request, use funds made available under this chapter to provide for the meaningful participation, in career and technical education programs and activities, including programs of study, receiving funding under this chapter, of secondary school students attending nonprofit private schools in areas served by the eligible recipient.
(2) Consultation An eligible recipient shall consult, upon written request, in a timely and meaningful manner with representatives of nonprofit private schools in areas served by the eligible recipient described in paragraph (1) regarding the meaningful participation, in career and technical education programs and activities, including programs of study, receiving funding under this chapter, of secondary school students attending nonprofit private schools.
(Pub. L. 88210, title II, § 217, formerly title III, § 317, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 217, and amended Pub. L. 115224, title II, § 201(a)(4)(6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2397, Pub. L. 88210, title III, § 317, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to authorization of Secretary, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2397 and prior sections 2397a to 2397h were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2397, Pub. L. 88210, title III, § 382, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, stated purpose of program to assist tribally controlled postsecondary vocational institutions. Section 2397a, Pub. L. 88210, title III, § 383, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, authorized grants to tribally controlled postsecondary vocational institutions. Section 2397b, Pub. L. 88210, title III, § 384, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, related to eligible grant recipients. Section 2397c, Pub. L. 88210, title III, § 385, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 800, related to applications for grants, consultation, and use of grants. Section 2397d, Pub. L. 88210, title III, § 386, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 801, related to amount of grants. Section 2397e, Pub. L. 88210, title III, § 387, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 802, related to effect of grant receipt on eligibility under other programs. Section 2397f, Pub. L. 88210, title III, § 388, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 802, related to grant adjustments. Section 2397g, Pub. L. 88210, title III, § 389, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 803, related to report on facilities and facilities improvement. Section 2397h, Pub. L. 88210, title III, § 390, as added Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 803, defined terms for purposes of tribally controlled postsecondary vocational institutions grant program.
Amendments2018—Subsec. (b)(1). Pub. L. 115224, § 201(a)(4)(A), inserted “, including programs of study,” after “activities” and substituted “in areas served by” for “who reside in the geographical area served by”. Subsec. (b)(2). Pub. L. 115224, § 201(a)(4)(B), substituted “areas” for “the geographical area” and inserted “, including programs of study,” after “activities”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Short TitlePub. L. 88210, title III, § 381, as added by Pub. L. 101392, title III, § 311, Sept. 25, 1990, 104 Stat. 799, which provided that part H of title III of Pub. L. 88210, enacting part H (§ 2397 et seq.) of former subchapter III of this chapter, could be cited as the “Tribally Controlled Vocational Institutions Support Act of 1990”, was omitted in the general amendment of Pub. L. 88210 by Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3076.
@@ -0,0 +1,45 @@
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# 20 U.S.C. § 2398 - Limitation on Federal regulations
## Text
The Secretary may issue regulations under this chapter only to the extent necessary to administer and ensure compliance with the specific requirements of this chapter.
(Pub. L. 88210, title II, § 218, formerly title III, § 318, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 744; renumbered title II, § 218, Pub. L. 115224, title II, § 201(a)(5), (6), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2398, Pub. L. 88210, title III, § 318, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to participation of private school personnel, prior to the general amendment of this chapter by Pub. L. 109270.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
@@ -0,0 +1,69 @@
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# 20 U.S.C. § 2399 - Study on programs of study aligned to high-skill, high-wage occupations
## Text
(a) Scope of study The Comptroller General of the United States shall conduct a study to evaluate—
(1) the strategies, components, policies, and practices used by eligible agencies or eligible recipients receiving funding under this chapter to successfully assist—
(A) all students in pursuing and completing programs of study aligned to high-skill, high-wage occupations; and
(B) any special population or specific subgroup of students identified in section 6311(h)(1)(C)(ii) of this title in pursuing and completing programs of study aligned to high-skill, high-wage occupations in fields in which such special population or subgroup is underrepresented; and
(2) any challenges associated with replication of such strategies, components, policies, and practices.
(b) Consultation In carrying out the study conducted under subsection (a), the Comptroller General of the United States shall consult with a geographically diverse (including urban, suburban, and rural) representation of—
(1) students and parents;
(2) eligible agencies and eligible recipients;
(3) teachers, faculty, specialized instructional support personnel, and paraprofessionals, including those with expertise in preparing career and technical education students for non-traditional fields;
(4) Indian Tribes and Tribal organizations;
(5) special populations; and
(6) representatives of business and industry.
(c) Submission Upon completion, the Comptroller General of the United States shall submit the study conducted under subsection (a) to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(Pub. L. 88210, title II, § 219, as added Pub. L. 115224, title II, § 201(a)(8), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 2401 to 2404 were omitted in the general amendment of this chapter by Pub. L. 105332. Section 2401, Pub. L. 88210, title IV, § 401, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2466; amended Pub. L. 101392, title IV, § 402, Sept. 25, 1990, 104 Stat. 806, related to research objectives. Section 2402, Pub. L. 88210, title IV, § 402, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2466; amended Pub. L. 101392, title IV, § 403, Sept. 25, 1990, 104 Stat. 806, related to research activities. Section 2403, Pub. L. 88210, title IV, § 403, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2467; amended Pub. L. 101392, title IV, § 404, Sept. 25, 1990, 104 Stat. 807, related to national assessment of vocational education programs. Section 2404, Pub. L. 88210, title IV, § 404, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2468; amended Pub. L. 101392, title IV, § 405, Sept. 25, 1990, 104 Stat. 809; Pub. L. 103382, title III, § 351(a)(2), Oct. 20, 1994, 108 Stat. 3966, related to National Center or Centers for Research in Vocational Education.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 2019, see section 4 of Pub. L. 115224, set out as an Effective Date of 2018 Amendment note under section 2301 of this title.
@@ -0,0 +1,67 @@
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# 20 U.S.C. § 2411 - Joint funding
## Text
(a) General authority Funds made available to eligible agencies under this chapter may be used to provide additional funds under an applicable program if—
(1) such program otherwise meets the requirements of this chapter and the requirements of the applicable program;
(2) such program serves the same individuals that are served under this chapter;
(3) such program provides services in a coordinated manner with services provided under this chapter; and
(4) such funds are used to supplement, and not supplant, funds provided from non-Federal sources.
(b) Applicable program For the purposes of this section, the term “applicable program” means any program under any of the following provisions of law:
(1) Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3161 et seq., 3171 et seq.].
(2) The Wagner-Peyser Act [29 U.S.C. 49 et seq.].
(c) Use of funds as matching funds For the purposes of this section, the term “additional funds” does not include funds used as matching funds.
(Pub. L. 88210, title II, § 221, formerly title III, § 321, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 745; amended Pub. L. 113128, title V, § 512(e)(7), July 22, 2014, 128 Stat. 1707; renumbered title II, § 221, Pub. L. 115224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (b)(1), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Chapters 2 and 3 of subtitle B of title I of the Act are classified generally to subparts 2 (§ 3161 et seq.) and 3 (§ 3171 et seq.), respectively, of part B of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Wagner-Peyser Act, referred to in subsec. (b)(2), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables.
Prior ProvisionsA prior section 2411, Pub. L. 88210, title III, § 321, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3123, related to joint funding, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2411, Pub. L. 88210, title IV, § 411, as added Pub. L. 101392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for demonstration programs, prior to the general amendment of this chapter by Pub. L. 105332. Another prior section 2411, Pub. L. 88210, title IV, § 411, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2470, related to programs and projects Secretary was authorized to carry out from available funds, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101392.
Amendments2014—Subsec. (b)(1). Pub. L. 113128 substituted “Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act” for “Chapters 4 and 5 of subtitle B of title I of Public Law 105220”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 20 U.S.C. § 2412 - Prohibition on use of funds to induce out-of-State relocation of businesses
## Text
No funds provided under this chapter shall be used for the purpose of directly providing incentives or inducements to an employer to relocate a business enterprise from one State to another State if such relocation will result in a reduction in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered.
(Pub. L. 88210, title II, § 222, formerly title III, § 322, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, § 222, Pub. L. 115224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2412, Pub. L. 88210, title III, § 322, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, prohibited use of funds to induce out-of-State relocation of businesses, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2412, Pub. L. 88210, title IV, § 412, as added Pub. L. 101392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 812, authorized grants for development, production, and distribution of instructional telecommunications materials and services, prior to the general amendment of this chapter by Pub. L. 105332.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "20 U.S.C. § 2413"
description: "State administrative costs"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 20
title_name: "EDUCATION"
chapter_number: "44"
chapter_name: "CAREER AND TECHNICAL EDUCATION"
section: "2413"
citation: "20 U.S.C. § 2413"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
source_identifier: "/us/usc/t20/s2413"
source_file: "data/legal/raw/us/code/title-20/usc20.xml"
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text_hash: "36e85b3888a7a0cc15aa6072bec0b0ec4def1bed28093ea0638abbe52e41afd9"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 20 U.S.C. § 2413 - State administrative costs
## Text
(a) General rule Except as provided in subsection (b), for each fiscal year for which an eligible agency receives assistance under this chapter, the eligible agency shall provide, from non-Federal sources for the costs the eligible agency incurs for the administration of programs under this chapter, an amount that is not less than the amount provided by the eligible agency from non-Federal sources for such costs for the preceding fiscal year.
(b) Exception If the amount made available from Federal sources for the administration of programs under this chapter for a fiscal year (referred to in this section as the “determination year”) is less than the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year, then the amount the eligible agency is required to provide from non-Federal sources for costs the eligible agency incurs for the administration of programs under this chapter for the determination year under subsection (a) shall bear the same ratio to the amount the eligible agency provided from non-Federal sources for such costs for the preceding fiscal year, as the amount made available from Federal sources for the administration of programs under this chapter for the determination year bears to the amount made available from Federal sources for the administration of programs under this chapter for the preceding fiscal year.
(Pub. L. 88210, title II, § 223, formerly title III, § 323, as added Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 745; renumbered title II, § 223, Pub. L. 115224, title II, § 201(a)(5), (7), July 31, 2018, 132 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2413, Pub. L. 88210, title III, § 323, as added Pub. L. 105332, § 1(b), Oct. 31, 1998, 112 Stat. 3124, related to State administrative costs, prior to the general amendment of this chapter by Pub. L. 109270. Another prior section 2413, Pub. L. 88210, title IV, § 413, as added Pub. L. 101392, title IV, § 406(a), Sept. 25, 1990, 104 Stat. 813, authorized establishment of demonstration centers for training of dislocated workers, prior to the general amendment of this chapter by Pub. L. 105332. Another prior section 2413, Pub. L. 88210, title IV, § 413, as added Pub. L. 98524, § 1, Oct. 19, 1984, 98 Stat. 2471, related to program of competitive grants to State boards for State programs involving loan of high-technology, state-of-the-art equipment to eligible recipients for use in local vocational education programs, prior to the general amendment of part B of former subchapter IV of this chapter by Pub. L. 101392.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115224 effective July 1, 2019, see section 4 of Pub. L. 115224, set out as a note under section 2301 of this title.
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