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<<BEGIN FULL TEXT>>

CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION AMENDEMTNS
OF 1998

[[Page 112 STAT. 3076]]

Public Law 105-332
105th Congress

An Act



To amend the Carl D. Perkins Vocational and Applied Technology Education
Act. <<NOTE: Oct. 31, 1998 - [H.R. 1853]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Carl D. Perkins Vocational
and Applied Technology Education Amendments of 1998.>> assembled,

SECTION 1. SHORT TITLE; AMENDMENT.

(a) Short <<NOTE: 20 USC 2301 note.>> Title.--This Act may be cited
as the ``Carl D. Perkins Vocational and Applied Technology Education
Amendments of 1998''.

(b) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended to read as
follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

``(a) Short Title.--This <<NOTE: 20 USC 2301 note.>> Act may be
cited as the `Carl D. Perkins Vocational and Technical Education Act of
1998'.

``(b) Table of Contents.--The table of contents for this Act is as
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Authorization of appropriations.

``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

``Part A--Allotment and Allocation

``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American program.
``Sec. 117. Tribally controlled postsecondary vocational and technical
institutions.
``Sec. 118. Occupational and employment information.

``Part B--State Provisions

``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.

``Part C--Local Provisions

``Sec. 131. Distribution of funds to secondary school programs.
``Sec. 132. Distribution of funds for postsecondary vocational and
technical
education programs.

[[Page 112 STAT. 3077]]

``Sec. 133. Special rules for vocational and technical education.
``Sec. 134. Local plan for vocational and technical education programs.
``Sec. 135. Local uses of funds.

``TITLE II--TECH-PREP EDUCATION

``Sec. 201. Short title.
``Sec. 202. Definitions.
``Sec. 203. State allotment and application.
``Sec. 204. Tech-prep education.
``Sec. 205. Consortium applications.
``Sec. 206. Report.
``Sec. 207. Demonstration program.
``Sec. 208. Authorization of appropriations.

``TITLE III--GENERAL PROVISIONS

``Part A--Federal Administrative Provisions

``Sec. 311. Fiscal requirements.
``Sec. 312. Authority to make payments.
``Sec. 313. Construction.
``Sec. 314. Voluntary selection and participation.
``Sec. 315. Limitation for certain students.
``Sec. 316. Federal laws guaranteeing civil rights.
``Sec. 317. Authorization of Secretary.
``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.

``SEC. 2. <<NOTE: 20 USC 2301.>> 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.

``SEC. 3. <<NOTE: 20 USC 2302.>> 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

[[Page 112 STAT. 3078]]

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 10306 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8066).
``(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,
weeks, or other periods of time in fulfilling the cooperative
program.
``(7) Displaced homemaker.--The term `displaced homemaker'
means an individual who--

[[Page 112 STAT. 3079]]

``(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 14101
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

[[Page 112 STAT. 3080]]

``(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
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
``(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 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
``(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

[[Page 112 STAT. 3081]]

``(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 2 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) of
such section shall not be applicable and the reference to
Secretary in paragraph (5)(A) 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;
``(C) is governed by a board of directors or
trustees, a majority of whom are Indians;
``(D) demonstrates adherence to stated goals, a
philosophy, or a plan of operation, that fosters
individual Indian economic and self-sufficiency
opportunity, including programs that are appropriate to
stated tribal goals of developing individual
entrepreneurships and self-sustaining economic
infrastructures on reservations;
``(E) has been in operation for at least 3 years;

[[Page 112 STAT. 3082]]

``(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational and technical
education; and
``(G) enrolls the full-time equivalent of not less
than 100 students, of whom a majority are Indians.
``(29) Vocational and technical education.--The term
`vocational and technical education' means organized educational
activities that--
``(A) offer a sequence of courses that provides
individuals with the academic and technical knowledge
and skills the individuals need to prepare for further
education and for careers (other than careers requiring
a baccalaureate, master's, or doctoral degree) in
current or emerging employment sectors; and
``(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes,
general employability skills, technical skills, and
occupation-specific skills, of an individual.
``(30) Vocational and technical student organization.--
``(A) In general.--The term `vocational and
technical student organization' means an organization
for individuals enrolled in a vocational and technical
education program that engages in vocational and
technical activities as an integral part of the
instructional program.
``(B) State and national units.--An organization
described in subparagraph (A) may have State and
national units that aggregate the work and purposes of
instruction in vocational and technical education at the
local level.

``SEC. 4. <<NOTE: 20 USC 2303.>> TRANSITION PROVISIONS.

``The Secretary shall take such steps as the Secretary determines to
be appropriate to provide for the orderly transition to the authority of
this Act from any authority under provisions of the Carl D. Perkins
Vocational and Applied Technology Education Act, as such Act was in
effect on the day before the date of enactment of the Carl D. Perkins
Vocational and Applied Technology Education Amendments of 1998.

``SEC. 5. <<NOTE: 20 USC 2304.>> PRIVACY.

``(a) GEPA.--Nothing in this Act 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), as added by the
Family Educational Rights and Privacy Act of 1974 (section 513 of Public
Law 93-380; 88 Stat. 571).
``(b) Prohibition on Development of National Database.--Nothing in
this Act shall be construed to permit the development of a national
database of personally identifiable information on individuals receiving
services under this Act.

``SEC. 6. <<NOTE: 20 USC 2305.>> LIMITATION.

``All of the funds made available under this Act shall be used in
accordance with the requirements of this Act. None of the funds made
available under this Act may be used to provide funding under the
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) or to
carry out, through programs funded under

[[Page 112 STAT. 3083]]

this Act, activities that were funded under the School-To-Work
Opportunities Act of 1994, unless the programs funded under this Act
serve only those participants eligible to participate in the programs
under this Act.

``SEC. 7. <<NOTE: 20 USC 2306.>> SPECIAL RULE.

``In the case of a local community in which no employees are
represented by a labor organization, for purposes of this Act the term
`representatives of employees' shall be substituted for `labor
organization'.

``SEC. 8. <<NOTE: 20 USC 2307.>> AUTHORIZATION OF APPROPRIATIONS.

``There is authorized to be appropriated to carry out this Act
(other than sections 114, 117, and 118, and title II) such sums as may
be necessary for each of the fiscal years 1999 through 2003.

``TITLE I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

``PART A--ALLOTMENT AND ALLOCATION

``SEC. 111. <<NOTE: 20 USC 2321.>> RESERVATIONS AND STATE ALLOTMENT.

``(a) Reservations and State Allotment.--
``(1) Reservations.--From the sum appropriated under section
8 for each fiscal year, the Secretary shall reserve--
``(A) 0.2 percent to carry out section 115;
``(B) 1.50 percent to carry out section 116, of
which--
``(i) 1.25 percent of the sum shall be
available to carry out section 116(b); and
``(ii) 0.25 percent of the sum shall be
available to carry out section 116(h); and
``(C) in the case of each of the fiscal years 2000
through 2003, 0.54 percent to carry out section 503 of
Public Law 105-220.
``(2) State allotment formula.--Subject to paragraphs (3)
and (4), from the remainder of the sums appropriated under
section 8 and not reserved under paragraph (1) 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 sums being allotted as the product of the
population aged 15 to 19 inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(B) an amount that bears the same ratio to 20
percent of the sums being allotted as the product of the
population aged 20 to 24, inclusive, in the State in the
fiscal year preceding the fiscal year for which the
determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all
the States;
``(C) an amount that bears the same ratio to 15
percent of the sums 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

[[Page 112 STAT. 3084]]

made and the State's allotment ratio bears to the sum of
the corresponding products for all the States; and
``(D) an amount that bears the same ratio to 15
percent of the sums 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.
``(3) Minimum allotment.--
``(A) In general.--Notwithstanding any other
provision of law and subject to subparagraphs (B) and
(C), and paragraph (4), no State shall receive for a
fiscal year under this subsection less than \1/2\ of 1
percent of the amount appropriated under section 8 and
not reserved under paragraph (1) 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) Requirement.--No State, by reason of the
application of subparagraph (A), shall receive for a
fiscal year more than 150 percent of the amount the
State received under this subsection for the preceding
fiscal year (or in the case of fiscal year 1999 only,
under section 101 of the Carl D. Perkins Vocational and
Applied Technology Education Act, as such section was in
effect on the day before the date of enactment of the
Carl D. Perkins Vocational and Applied Technology
Education Amendments of 1998).
``(C) Special rule.--
``(i) In general.--Subject to paragraph (4),
no State, by reason of the application of
subparagraph (A), shall be allotted for a fiscal
year more than the lesser of--
``(I) 150 percent of the amount that
the State received in the preceding
fiscal year (or in the case of fiscal
year 1999 only, under section 101 of the
Carl D. Perkins Vocational and Applied
Technology Education Act, as such
section was in effect on the day before
the date of enactment of the Carl D.
Perkins Vocational and Applied
Technology Education Amendments of
1998); and
``(II) the amount calculated under
clause (ii).
``(ii) Amount.--The amount calculated under
this clause shall be determined by multiplying--
``(I) the number of individuals in
the State counted under paragraph (2) in
the preceding fiscal year; by
``(II) 150 percent of the national
average per pupil payment made with
funds available under this section for
that year (or in the case of fiscal year
1999, only, under section 101 of the
Carl D. Perkins Vocational and Applied
Technology Education Act, as such
section was in effect on the day before
the date of enactment of the Carl D.
Perkins Vocational and Applied
Technology Education Amendments of
1998).
``(4) Hold harmless.--

[[Page 112 STAT. 3085]]

``(A) In general.--No State shall receive an
allotment under this section for a fiscal year that is
less than the allotment the State received under part A
of title I of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2311 et seq.) (as
such part was in effect on the day before the date of
enactment of the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998) for fiscal year
1998.
``(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