---
kind: "section"
citation: "20 U.S.C. § 2343"
title: "20"
title_heading: "Education"
number: "2343"
heading: "Improvement plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/2343"
units:
  - "Chapter 44 — Career and Technical Education"
  - "Subchapter I — Career and Technical Education Assistance to the States"
  - "Part B — State Provisions"
---

# §2343. Improvement plans

- (a) **State program improvement—**
  - (1) **Plan—** If a [State](/usc/20/2302.md?p=49) fails to meet at least 90 percent of the [State](/usc/20/2302.md?p=49) determined level of performance for any of the core indicators of performance described in 2323(b)(2)[^1] of this title for all [CTE concentrators](/usc/20/2302.md?p=12), the [eligible agency](/usc/20/2302.md?p=18) 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](/usc/20/2323.md?p=b-3-C-ii-II), 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](/usc/20/2302.md?p=18) failed to so meet the [State](/usc/20/2302.md?p=49) determined level of performance for any of the core indicators of performance.
  - (2) **Technical assistance—** If the [Secretary](/usc/20/2302.md?p=45) determines that an [eligible agency](/usc/20/2302.md?p=18) is not properly implementing the [eligible agency](/usc/20/2302.md?p=18)’s responsibilities under [section 2342 of this title](/usc/20/2342.md), or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in [paragraph (1)](#a-1),,[^2] based on the [State](/usc/20/2302.md?p=49) determined levels of performance, the [Secretary](/usc/20/2302.md?p=45) shall work with the [eligible agency](/usc/20/2302.md?p=18) to implement the improvement activities consistent with the requirements of this chapter.
  - (3) **Subsequent action—**
    - (A) **In general—** The [Secretary](/usc/20/2302.md?p=45) may, after notice and opportunity for a hearing, withhold from an [eligible agency](/usc/20/2302.md?p=18) all, or a portion, of the [eligible agency](/usc/20/2302.md?p=18)’s allotment under paragraphs (2) and (3) of [section 2322(a) of this title](/usc/20/2322.md?p=a) if the [eligible agency](/usc/20/2302.md?p=18)—
      - (i) fails to implement an improvement plan as described in [paragraph (1)](#a-1); or
      - (ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under [paragraph (1)](#a-1), fails to meet at least 90 percent of a [State](/usc/20/2302.md?p=49) determined level of performance for such core indicator for 2 consecutive years after the [eligible agency](/usc/20/2302.md?p=18) has been identified for improvement under such paragraph.
    - (B) **Waiver for exceptional circumstances—** The [Secretary](/usc/20/2302.md?p=45) may waive the sanction in [subparagraph (A)](#a-3-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](/usc/20/2302.md?p=49).
  - (4) **Funds resulting from reduced allotments—** The [Secretary](/usc/20/2302.md?p=45) shall use funds withheld under [paragraph (3)](#a-3) for a [State](/usc/20/2302.md?p=49) served by an [eligible agency](/usc/20/2302.md?p=18) to provide technical assistance, to assist in the development of an improved [State](/usc/20/2302.md?p=49) improvement plan, or for other improvement activities consistent with the requirements of this chapter for such [State](/usc/20/2302.md?p=49).
  - (5) **Adjustments prohibited—** An [eligible agency](/usc/20/2302.md?p=18) 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](/usc/20/2302.md?p=18) shall evaluate annually, using the local levels of performance described in [section 2323(b)(4) of this title](/usc/20/2323.md?p=b-4), the [career and technical education](/usc/20/2302.md?p=5) activities of each [eligible recipient](/usc/20/2302.md?p=21) receiving funds under this subchapter.
  - (2) **Plan—** If, after reviewing the evaluation in [paragraph (1)](#b-1), the [eligible agency](/usc/20/2302.md?p=18) determines that an [eligible recipient](/usc/20/2302.md?p=21) 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](/usc/20/2323.md?p=b-4) for all [CTE concentrators](/usc/20/2302.md?p=12), the [eligible recipient](/usc/20/2302.md?p=21) 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](/usc/20/2323.md?p=b-3-C-ii-II), and actions that will be taken to address such gaps) in consultation with local stakeholders described in [section 2354(d)(1) of this title](/usc/20/2354.md?p=d-1), the [eligible agency](/usc/20/2302.md?p=18), and appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the [eligible recipient](/usc/20/2302.md?p=21) 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](/usc/20/2302.md?p=18) determines that an [eligible recipient](/usc/20/2302.md?p=21) is not properly implementing the [eligible recipient](/usc/20/2302.md?p=21)’s responsibilities under [section 2354 of this title](/usc/20/2354.md), or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the [eligible agency](/usc/20/2302.md?p=18) shall work with the [eligible recipient](/usc/20/2302.md?p=21) to implement improvement activities consistent with the requirements of this chapter.
  - (4) **Subsequent action—**
    - (A) **In general—** The [eligible agency](/usc/20/2302.md?p=18) may, after notice and opportunity for a hearing, withhold from the [eligible recipient](/usc/20/2302.md?p=21) all, or a portion, of the [eligible recipient](/usc/20/2302.md?p=21)’s allotment under this subchapter if the [eligible recipient](/usc/20/2302.md?p=21)—
      - (i) fails to implement an improvement plan as described in [paragraph (2)](#b-2); or
      - (ii) with respect to any specific core indicator of performance that was identified in a program improvement plan under [paragraph (2)](#b-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](/usc/20/2302.md?p=21) has been identified for improvement under such paragraph.
    - (B) **Waiver for exceptional circumstances—** In determining whether to impose sanctions under [subparagraph (A)](#b-4-A), the [eligible agency](/usc/20/2302.md?p=18) 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](/usc/20/2302.md?p=21);
      - (ii) based on the impact on the [eligible recipient](/usc/20/2302.md?p=21)’s reported performance of the small size of the [career and technical education](/usc/20/2302.md?p=5) program operated by the [eligible recipient](/usc/20/2302.md?p=21); or
      - (iii) in response to a public request from an [eligible recipient](/usc/20/2302.md?p=21), if the [eligible agency](/usc/20/2302.md?p=18) determines that the requirements described in clause [(i)](#b-4-B-i) or [(ii)](#b-4-B-ii) have been met.
  - (5) **Funds resulting from reduced allotments—** The [eligible agency](/usc/20/2302.md?p=18) shall use funds withheld under [paragraph (4)](#b-4) from an [eligible recipient](/usc/20/2302.md?p=21) 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](/usc/20/2302.md?p=21) shall not be eligible to adjust performance levels while executing an improvement plan under this section.

## Footnotes

[^1]: So in original. Probably should be preceded by “section”.
[^2]: So in original.

## Source credit

(Pub. L. 88–210, title I, § 123, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 721; amended Pub. L. 115–224, title I, § 123, July 31, 2018, 132 Stat. 1606.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 2343, Pub. L. 88–210, title I, § 123, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3106, related to improvement plans, prior to the general amendment of this chapter by Pub. L. 109–270.

Another prior section 2343, Pub. L. 88–210, title II, § 240, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 784, related to local applications, prior to the general amendment of this chapter by Pub. L. 105–332.

### Amendments

2018—Subsec. (a)(1). Pub. L. 115–224, § 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. 115–224, § 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 “State’s adjusted levels of performance”.

Subsec. (a)(3)(A)(ii), (iii). Pub. L. 115–224, § 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. 115–224, § 123(1)(D), added par. (5).

Subsec. (b). Pub. L. 115–224, § 123(2)(A), substituted “local level” for “local adjusted level” and “local levels” for “local adjusted levels” wherever appearing.

Subsec. (b)(2). Pub. L. 115–224, § 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. 115–224, § 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. 115–224, § 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. 115–224, § 123(2)(C)(ii), added cl. (iii).

Subsec. (b)(6). Pub. L. 115–224, § 123(2)(D), added par. (6).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.