Sec. 311. Fiscal requirements. Sec. 312. Authority to make payments. Sec. 313. Construction. Sec. 314. Voluntary selection and participation. Sec. 316. Federal laws guaranteeing civil rights. Sec. 318. Participation of private school personnel. PART B-STATE ADMINISTRATIVE PROVISIONS Sec. 321. Joint funding. Sec. 322. Prohibition on use of funds to induce out-of-State relocation of businesses. Sec. 323. State administrative costs. Sec. 324. Limitation on Federal regulations. Sec. 325. Student assistance and other Federal programs. (20 U.S.C. 2301 note) SEC. 2. PURPOSE. The purpose of this Act is to develop more fully the academic, vocational, and technical skills of secondary students and postsecondary students who elect to enroll in vocational and technical education programs, by (1) building on the efforts of States and localities to develop challenging academic standards; (2) promoting the development of services and activities that integrate academic, vocational, and technical instruction, and that link secondary and postsecondary education for participating vocational and technical education students; (3) increasing State and local flexibility in providing services and activities designed to develop, implement, and improve vocational and technical education, including tech-prep education; and (4) disseminating national research, and providing professional development and technical assistance, that will improve vocational and technical education programs, services, and activities. (20 U.S.C. 2301) SEC. 3. DEFINITIONS. In this Act: (1) ADMINISTRATION.-The term "administration", when used with respect to an eligible agency or eligible recipient, means activities necessary for the proper and efficient performance of the eligible agency or eligible recipient's duties under this Act, including supervision, but does not include curriculum development activities, personnel development, or research activities. (2) ALL ASPECTS OF AN INDUSTRY.—The term "all aspects of an industry" means strong experience in, and comprehensive understanding of, the industry that the individual is preparing to enter. (3) AREA VOCATIONAL AND TECHNICAL EDUCATION SCHOOL. The term "area vocational and technical education school" means (A) a specialized public secondary school used exclusively or principally for the provision of vocational and technical education to individuals who are available for study in preparation for entering the labor market; (B) the department of a public secondary school exclusively or principally used for providing vocational and technical education in not fewer than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market; (C) a public or nonprofit technical institution or vocational and technical education school used exclusively or principally for the provision of vocational and technical education to individuals who have completed or left secondary school and who are available for study in preparation for entering the labor market, if the institution or school admits as regular students both individuals who have completed secondary school and individuals who have left secondary school; or (D) the department or division of an institution of higher education, that operates under the policies of the eligible agency and that provides vocational and technical education in not fewer than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if the department or division admits as regular students both individuals who have completed secondary school and individuals who have left secondary school. (4) CAREER GUIDANCE AND ACADEMIC COUNSELING.—The term "career guidance and academic counseling" means providing access to information regarding career awareness and planning with respect to an individual's occupational and academic future that shall involve guidance and counseling with respect to career options, financial aid, and postsecondary options. (5) CHARTER SCHOOL.-The term "charter school" has the meaning given the term in section 5206 of the Elementary and Secondary Education Act of 19651. (6) COOPERATIVE EDUCATION.-The term "cooperative education" means a method of instruction of education for individuals who, through written cooperative arrangements between a school and employers, receive instruction, including required academic courses and related vocational and technical education instruction, by alternation of study in school with a job in any occupational field, which alternation shall be planned and supervised by the school and employer so that each contributes to the education and employability of the individual, and may include an arrangement in which work periods and school attendance may be on alternate half days, full days, 1 So in law. Probably should read "section 5210 of the Elementary and Secondary Education Act of 1965". weeks, or other periods of time in fulfilling the cooperative program. (7) DISPLACED HOMEMAKER.-The term "displaced homemaker" means an individual who (A)(i) has worked primarily without remuneration to care for a home and family, and for that reason has diminished marketable skills; (ii) has been dependent on the income of another family member but is no longer supported by that income; or (iii) is a parent whose youngest dependent child will become ineligible to receive assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) not later than 2 years after the date on which the parent applies for assistance under this title; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (8) EDUCATIONAL SERVICE AGENCY.-The term "educational service agency" has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (9) ELIGIBLE AGENCY.-The term "eligible agency" means a State board designated or created consistent with State law as the sole State agency responsible for the administration of vocational and technical education or for supervision of the administration of vocational and technical education in the State. (10) ELIGIBLE INSTITUTION.-The term "eligible institution" means (A) an institution of higher education; (B) a local educational agency providing education at the postsecondary level; (C) an area vocational and technical education school providing education at the postsecondary level; (D) a postsecondary educational institution controlled by the Bureau of Indian Affairs or operated by or on behalf of any Indian tribe that is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.); (E) an educational service agency; or (F) a consortium of 2 or more of the entities described in subparagraphs (A) through (E). (11) ELIGIBLE RECIPIENT.-The term "eligible recipient" means (A) a local educational agency, an area vocational and technical education school, an educational service agency, or a consortium, eligible to receive assistance under section 131; or (B) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 132. (12) GOVERNOR.-The term "Governor" means the chief executive officer of a State or an outlying area. (13) INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY.—The term "individual with limited English proficiency" means a secondary school student, an adult, or an out-of-school youth, who has limited ability in speaking, reading, writing, or understanding the English language, and (A) whose native language is a language other than English; or (B) who lives in a family or community environment in which a language other than English is the dominant language. (14) INDIVIDUAL WITH A DISABILITY.— (A) IN GENERAL.-The term "individual with a disability" means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). (B) INDIVIDUALS WITH DISABILITIES.—The term "individuals with disabilities" means more than 1 individual with a disability. (15) INSTITUTION OF HIGHER EDUCATION.-The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965. (16) LOCAL EDUCATIONAL AGENCY.-The term "local educational agency" has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (17) NONTRADITIONAL TRAINING AND EMPLOYMENT.—The term "nontraditional training and employment" means occupations or fields of work, including careers in computer science, technology, and other emerging high skill occupations, for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work. (18) OUTLYING AREA. The term "outlying area" means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (19) POSTSECONDARY EDUCATIONAL INSTITUTION.-The term "postsecondary educational institution" means (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor's degree; (B) a tribally controlled college or university; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (20) SCHOOL DROPOUT.-The term "school dropout" means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent. (21) SECONDARY SCHOOL.-The term "secondary school" has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (22) SECRETARY.-The term "Secretary" means the Secretary of Education. (23) SPECIAL POPULATIONS.-The term "special populations" means— (A) individuals with disabilities; (B) individuals from economically disadvantaged families, including foster children; (C) individuals preparing for nontraditional training and employment; (D) single parents, including single pregnant women; (E) displaced homemakers; and (F) individuals with other barriers to educational achievement, including individuals with limited English proficiency. (24) STATE. The term "State", unless otherwise specified, means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area. (25) SUPPORT SERVICES.-The term "support services" means services related to curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices. (26) TECH-PREP PROGRAM.-The term "tech-prep program" means a program of study that (A) combines at least 2 years of secondary education (as determined under State law) and 2 years of postsecondary education in a nonduplicative sequential course of study; (B) strengthens the applied academic component of vocational and technical education through the integration of academic, and vocational and technical, instruction; (C) provides technical preparation in an area such as engineering technology, applied science, a mechanical, industrial, or practical art or trade, agriculture, a health occupation, business, or applied economics; (D) builds student competence in mathematics, science, and communications (including through applied academics) in a coherent sequence of courses; and (E) leads to an associate degree or a certificate in a specific career field, and to high skill, high wage employment, or further education. (27) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.-The term "tribally controlled college or university" has the meaning given such term in section 21 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)). (28) TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL INSTITUTION.-The term "tribally controlled postsecondary vocational and technical institution” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965, except that paragraph (2)2 of such section shall not be applicable and the reference to Secretary in paragraph (5)(A) 2 of such section shall be deemed to refer to the Secretary of the Interior) that— (A) is formally controlled, or has been formally sanctioned or chartered, by the governing body of an Indian tribe or Indian tribes; (B) offers a technical degree or certificate granting program; 1 So in law. Should probably be "section 2(a)(4)”. 2 So in law. Subsections (a) and (b) have a paragraph (2) and there is no paragraph (5)(A). |