Section 1 Short title
This Act may be cited as the “Career and Technical Education State Flexibility Act”.
Career and Technical Education State Flexibility Act
A BILL
To amend the Carl D. Perkins Career and Technical Education Act of 2006 to make the maintenance of effort provision less burdensome on States.
Sec. 2 Maintenance of effort
Section 311(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2391(b)) is amended—
in paragraph (1)—
by striking subparagraph (A) and inserting the following:
“(A) In general
“(i) In general—In order for a State to receive its full allotment of funds under this Act for any applicable fiscal year, the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the fiscal year preceding such applicable fiscal year shall be not less than 80 percent the fiscal effort per student, or the aggregate expenditures of such State, for the second fiscal year preceding such applicable fiscal year.
“(ii) Applicable fiscal year—In clause (i), the term applicable fiscal year means any fiscal year beginning with the third fiscal year that begins after the date of enactment of the Career and Technical Education State Flexibility Act.
“(iii) No application for first two fiscal years; reset—The maintenance of effort requirement under clause (i) shall not be applicable for the first 2 fiscal years that begin after the date of enactment of the Career and Technical Education State Flexibility Act. After the date of enactment of the Career and Technical Education State Flexibility Act, a State may establish a new level of fiscal effort per student or aggregate expenditures for purposes of compliance with this subsection.”
in subparagraph (B), by striking “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs” and inserting “shall exclude competitive or incentive-based programs established by the State, capital expenditures, special 1-time project costs, and the cost of pilot programs”; and
by striking paragraph (2) and inserting the following:
“(2) Reduction in case of failure to meet effort—The Secretary shall reduce the amount of a State’s allotment of funds under this Act for any applicable fiscal year (as defined in paragraph (1)(A)(ii)) in the exact proportion by which the State fails to meet the requirement of paragraph (1)(A)(i) by falling below 80 percent of both the State’s fiscal effort per student and the State’s 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).
“(3) Waiver—The Secretary may waive the application of paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1)(A)(i).”