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Strengthening Career and Technical Education for the 21st Century Act

H.R. 5587 · 114th Congress · Sep 14, 2016 · Lineage

AN ACT

To reauthorize the Carl D. Perkins Career and Technical Education Act of 2006.

Section 1 Short title

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

Sec. 2 Table of contents

The table of contents for this Act is as follows:

Sec. 3 References

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

Sec. 4 Effective date

This Act and the amendments made by this Act shall take effect beginning on July 1, 2017.

Sec. 5 Table of contents of the Carl D. Perkins Career and Technical Education Act of 2006

Section 1(b) is amended to read as follows:

“(b) Table of contents—The table of contents for this Act is as follows:”

Sec. 6 Purpose

Section 2 (20 U.S.C. 2301) is amended—
(1)
in the matter preceding paragraph (1)—
(A)
by striking “academic and career and technical skills” and inserting “academic knowledge and technical and employability skills”; and
(B)
by inserting “and programs of study” after “technical education programs”;
(2)
in paragraph (3), by striking “, including tech prep education”; and
(3)
in paragraph (4), by inserting “and programs of study” after “technical education programs”.

Sec. 7 Definitions

Section 3 (20 U.S.C. 2302) is amended—
(1)
by striking paragraphs (16), (23), (24), (25), (26), and (32);
(2)
by redesignating paragraphs (8), (9), (10), (11), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (27), (28), (29), (30), (31), (33), and (34) as paragraphs (9), (10), (13), (16), (17), (19), (20), (23), (25), (27), (28), (30), (32), (35), (39), (40), (41), (44), (45), (46), and (47), respectively;
(3)
in paragraph (3)—
(A)
in subparagraph (B), by striking “5 different occupational fields to individuals” and inserting “three different fields, especially in in-demand industry sectors or occupations, that are available to all students”; and
(B)
in subparagraph (D), by striking “not fewer than 5 different occupational fields” and inserting “not fewer than three different occupational fields”;
(4)
in paragraph (5)—
(A)
in subparagraph (A)—
(i)
in clause (i)—
(I)
by striking “coherent and rigorous content aligned with challenging academic standards” and inserting “content at the secondary level aligned with the challenging State academic standards adopted by a State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)), and at the postsecondary level with the rigorous academic content,”;
(II)
by striking “and skills” and inserting “and skills,”; and
(III)
by inserting “, including in in-demand industry sectors or occupations” before the semicolon at the end;
(ii)
in clause (ii), by striking “, an industry-recognized credential, a certificate, or an associate degree” and inserting “or a recognized postsecondary credential, which may include an industry-recognized credential”; and
(iii)
in clause (iii), by striking “and” at the end;
(B)
in subparagraph (B)—
(i)
by inserting “, work-based, or other” after “competency-based”;
(ii)
by striking “contributes to the” and inserting “supports the development of”;
(iii)
by striking the period at the end and inserting a semicolon; and
(iv)
by striking “general”; and
(C)
by adding at the end the following:

“(C) to the extent practicable, coordinate between secondary and postsecondary education programs, which may include early college programs with articulation agreements, dual or concurrent enrollment program opportunities, or programs of study; and

“(D) may include career exploration at the high school level or as early as the middle grades (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).”

(5)
in paragraph (7)—
(A)
in subparagraph (A), by striking “(and parents, as appropriate)” and inserting “(and, as appropriate, parents and out-of-school youth)”; and
(B)
in subparagraph (B), by striking “financial aid,” and all that follows through the period at the end and inserting “financial aid, job training, secondary and postsecondary options (including baccalaureate degree programs), dual or concurrent enrollment programs, work-based learning opportunities, and support services.”;
(6)
by inserting after paragraph (7) the following:

“(8) Career pathways—The term career pathways has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

(7)
by inserting after paragraph (10) (as so redesignated by paragraph (2)) the following:

“(11) CTE concentrator—The term CTE concentrator means—

“(A) at the secondary school level, a student served by an eligible recipient who has—

“(i) completed three or more career and technical education courses; or

“(ii) completed at least two courses in a single career and technical education program or program of study; or

“(B) at the postsecondary level, a student enrolled in an eligible recipient who has—

“(i) earned at least 12 cumulative credits within a career and technical education program or program of study; or

“(ii) completed such a program if the program encompasses fewer than 12 credits or the equivalent in total.

“(12) CTE Participant—The term CTE participant means an individual who completes not less than one course or earns not less than one credit in a career and technical education program or program of study of an eligible recipient.”

(8)
by inserting after paragraph (13) (as so redesignated by paragraph (2)) the following:

“(14) Dual or concurrent enrollment—The term dual or concurrent enrollment has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(15) Early college high school—The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”

(9)
by inserting after paragraph (17) (as so redesignated by paragraph (2)) the following:

“(18) Eligible entity—The term eligible entity means a consortium that—

“(A) shall include at least two of the following:

“(i) a local educational agency;

“(ii) an educational service agency;

“(iii) an eligible institution;

“(iv) an area career and technical education school;

“(v) a State educational agency; or

“(vi) the Bureau of Indian Education;

“(B) may include a regional, State, or local public or private organization, including a community-based organization, one or more employers, or a qualified intermediary; and

“(C) is led by an entity or partnership of entities described in subparagraph (A).”

(10)
by amending paragraph (19) (as so redesignated by paragraph (2)) to read as follows:

“(19) Eligible institution—The term eligible institution means—

“(A) a consortium of two or more of the entities described in subparagraphs (B) through (F);

“(B) a public or nonprofit private institution of higher education that offers and will use funds provided under this title in support of career and technical education courses that lead to technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree;

“(C) a local educational agency providing education at the postsecondary level;

“(D) an area career and technical education school providing education at the postsecondary level;

“(E) 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 and Education Assistance Act (25 U.S.C. 450 et seq.) or the Act of April 16, 1934 (25 U.S.C. 452 et seq.); or

“(F) an educational service agency.”

(11)
by amending paragraph (20) (as so redesignated by paragraph (2)) to read as follows:

“(20) Eligible recipient—The term eligible recipient means—

“(A) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 132; or

“(B) a local educational agency (including a public charter school that operates as a local educational agency), an area career and technical education school, an educational service agency, or a consortium of such entities, eligible to receive assistance under section 131.”

(12)
by adding after paragraph (20) (as so redesignated by paragraph (2)) the following:

“(21) English learner—The term English learner means—

“(A) a secondary school student who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); or

“(B) an adult or an out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language and—

“(i) whose native language is a language other than English; or

“(ii) who lives in a family environment in which a language other than English is the dominant language.

“(22) Evidence-based—The term evidence-based has the meaning given the term in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)).”

(13)
by inserting after paragraph (23) (as so redesignated by paragraph (2)) the following:

“(24) In-demand industry sector or occupation—The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

(14)
by inserting after paragraph (25) (as so redesignated by paragraph (2)) the following:

“(26) Industry or sector partnership—The term industry or sector partnership has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

(15)
by inserting after paragraph (28) (as so redesignated by paragraph (2)) the following:

“(29) Local workforce development board—The term local workforce development board means a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act.”

(16)
by inserting after paragraph (30) (as so redesignated by paragraph (2)) the following:

“(31) Out-of-school youth—The term out-of-school youth has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

(17)
by inserting after paragraph (32) (as so redesignated by paragraph (2)) the following:

“(33) Paraprofessional—The term paraprofessional has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(34) Pay for success initiative—The term pay for success initiative has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), except that such term does not include an initiative that—

“(A) reduces the special education or related services that a student would otherwise receive under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); or

“(B) otherwise reduces the rights of a student or the obligations of an entity under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or any other law.”

(18)
by inserting after paragraph (35) (as so redesignated by paragraph (2)) the following:

“(36) Program of study—The term program of study means a coordinated, nonduplicative sequence of secondary and postsecondary academic and technical content that—

“(A) incorporates challenging State academic standards, including those adopted by a State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)), that—

“(i) address both academic and technical knowledge and skills, including employability skills; and

“(ii) are aligned with the needs of industries in the economy of the State, region, or local area;

“(B) progresses in specificity (beginning with all aspects of an industry or career cluster and leading to more occupational specific instruction);

“(C) has multiple entry and exit points that incorporate credentialing; and

“(D) culminates in the attainment of a recognized postsecondary credential.

“(37) Qualified intermediary—The term qualified intermediary means a non-profit entity that demonstrates expertise to build, connect, sustain, and measure partnerships with entities such as employers, schools, community-based organizations, postsecondary institutions, social service organizations, economic development organizations, and workforce systems to broker services, resources, and supports to youth and the organizations and systems that are designed to serve youth, including—

“(A) connecting employers to classrooms;

“(B) assisting in the design and implementation of career and technical education programs and programs of study;

“(C) delivering professional development;

“(D) connecting students to internships and other work-based learning opportunities; and

“(E) developing personalized student supports.

“(38) Recognized postsecondary credential—The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

(19)
in paragraph (41) (as so redesignated by paragraph (2))—
(A)
in subparagraph (B), by striking “foster children” and inserting “youth who are in or have aged out of the foster care system”;
(B)
in subparagraph (E), by striking “and” at the end;
(C)
in subparagraph (F), by striking “individuals with limited English proficiency.” and inserting “English learners;”; and
(D)
by adding at the end the following:

“(G) homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); and

“(H) youth with a parent who—

“(i) is a member of the armed forces (as such term is defined in section 101(a)(4) of title 10, United States Code); and

“(ii) is on active duty (as such term is defined in section 101(d)(1) of such title).”

(20)
by inserting after paragraph (41) (as so redesignated by paragraph (2)) the following:

“(42) Specialized instructional support personnel—The term specialized instructional support personnel has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(43) Specialized instructional support services—The term specialized instructional support services has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”

(21)
in paragraph (45) (as so redesignated by paragraph (2)) by inserting “(including paraprofessionals and specialized instructional support personnel)” after “supportive personnel”; and
(22)
by adding at the end the following:

“(48) Universal design for learning—The term universal design for learning has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(49) Work-based learning—The term work-based learning means sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, first-hand engagement with the tasks required of a given career field, that are aligned to curriculum and instruction.”

Sec. 8 Transition provisions

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

Sec. 9 Prohibitions

Section 8 (20 U.S.C. 2306a) is amended—
(1)
in subsection (a), by striking “Federal Government to mandate,” and all that follows through the end and inserting

“(1) to condition or incentivize the receipt of any grant, contract, or cooperative agreement, or the receipt of any priority or preference under such grant, contract, or cooperative agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards);

“(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards); and

“(3) except as required under sections 112(b), 211(b), and 223—

“(A) to mandate, direct, or control the allocation of State or local resources; or

“(B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this Act.”

(2)
by striking subsection (d) and redesignating subsection (e) as subsection (d).

Sec. 10 Authorization of appropriations

Section 9 (20 U.S.C. 2307) is amended to read as follows:

“9. Authorization of appropriations

“There are to be authorized to be appropriated to carry out this Act (other than sections 114 and 117)—

“(1) $1,133,002,074 for fiscal year 2017;

“(2) $1,148,618,465 for fiscal year 2018;

“(3) $1,164,450,099 for fiscal year 2019;

“(4) $1,180,499,945 for fiscal year 2020;

“(5) $1,196,771,008 for fiscal year 2021; and

“(6) $1,213,266,339 for fiscal year 2022.”