The purpose of this section is to establish and support State and local performance accountability systems, comprised of the activities described in this section, to assess the effectiveness of the State and the eligible recipients of the State in achieving statewide progress in career and technical education, and to optimize the return of investment of Federal funds in career and technical education activities.
Each eligible agency, with input from eligible recipients, shall establish State determined performance measures for a State that consist of-
Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the secondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
Each eligible agency shall identify in the State plan core indicators of performance for CTE concentrators at the postsecondary level that are valid and reliable, and that include, at a minimum, measures of each of the following:
In developing core indicators of performance under subparagraphs (A) and (B), an eligible agency shall, to the greatest extent possible, align the indicators so that substantially similar information gathered for other State and Federal programs, or for any other purpose, may be used to meet the requirements of this section.
Each eligible agency, with input from eligible recipients, shall establish in the State plan submitted under section 2342 of this title, for each year covered by the State plan, State determined levels of performance for each of the core indicators described under subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this subchapter. The level of performance for a core indicator shall be the same for all CTE concentrators in the State.
The Secretary may assist an eligible agency in establishing the State determined levels of performance under this subparagraph only at the request of that eligible agency.
Such State determined levels of performance shall, at a minimum-
Prior to the third program year covered by the State plan, each eligible agency may revise the State determined levels of performance for any of the core indicators of performance for the subsequent program years covered by the State plan, and submit the revised State determined levels of performance to the Secretary. If the eligible agency adjusts any levels of performance, the eligible agency shall adjust those levels in accordance with clause (i), and address written comments of stakeholders as described in subparagraph (B). The Secretary shall approve those revised levels of performance if those levels meet the requirements described in subclause (III) of clause (i). The State determined adjusted levels of performance identified under this clause shall be considered to be the State determined levels of performance for the State for such years and shall be incorporated into the State plan.
If unanticipated circumstances arise in a State or changes occur related to improvements in data or measurement approaches, the eligible agency, at the end of the program year, may revise the State determined levels of performance required under this subparagraph. After public comment, as described in subparagraph (B), the eligible agency shall submit such revised levels of performance to the Secretary with evidence supporting the revision. The Secretary shall approve any such revision if that revision meets the requirements of clause (ii).
Each eligible agency shall develop the levels of performance under subparagraph (A) in consultation with the stakeholders identified in section 2342(c)(1)(A) of this title.
Not less than 60 days prior to submission of the State plan, the eligible agency shall provide such stakeholders with the opportunity to provide written comments to the eligible agency, which shall be included in the State plan, regarding how the levels of performance described under subparagraph (A)-
Each eligible agency shall provide, in the State plan, a written response to the comments provided by stakeholders under clause (ii).
Each eligible agency that receives an allotment under section 2321 of this title shall annually prepare and submit to the Secretary a report regarding-
Except as provided in subparagraph (E), each eligible agency that receives an allotment under section 2321 of this title shall-
The Secretary shall ensure that each eligible agency does not report duplicative information under this section.
The Secretary shall-
At the end of each program year, the eligible agency shall disseminate the actual levels of performance described in subparagraph (C)(i)(II)-
The disaggregation of data under this paragraph shall not be required when the number of students in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual student.
Each eligible recipient shall agree to accept the State determined levels of performance for each year of the plan established under paragraph (3) as local levels of performances, or negotiate with the State to reach agreement on new local levels of performance, for each of the core indicators of performance described in subparagraphs (A) and (B) of paragraph (2) for career and technical education activities authorized under this subchapter. The levels of performance established under this subparagraph shall, at a minimum-
Each eligible recipient shall identify, in the local application submitted under section 2354 of this title, levels of performance for each of the core indicators of performance for each of the program years covered by the local application.
Prior to the third program year covered by the local application, the eligible recipient may, if the eligible recipient reaches an agreement with the eligible agency, adjust the local levels of performance for any of the core indicators of performance for the subsequent program years covered by the local application, in accordance with that agreement and with this subparagraph. The local adjusted levels of performance agreed to under this clause shall be considered to be the local levels of performance for the eligible recipient for such years and shall be incorporated into the local application.
If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eligible recipient may request that the local levels of performance agreed to under clauses (i) and (iii) be revised. The eligible agency shall issue objective criteria and methods for making such revisions.
Each eligible recipient that receives an allocation described in section 2322 of this title shall annually prepare and submit to the eligible agency a report, which shall include the data on the actual performance levels described in clause (ii), including the progress of such recipient in achieving the local levels of performance on the core indicators of performance.
Except as provided in clauses (iii) and (iv), each eligible recipient that receives an allocation described in section 2322 of this title shall-
The eligible agency shall ensure, in a manner that is consistent with the actions of the Secretary under paragraph (3)(C)(iii), that each eligible recipient does not report duplicative information under this section.
The disaggregation of data under this paragraph shall not be required when the number of students in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual student.
The report described in clause (i) shall be made available by the eligible recipient through a variety of formats, including electronically through the Internet, to students, parents, educators, and the public, and the information contained in such report shall be in a format that is understandable and uniform, and to the extent practicable, provided in a language that students, parents, and educators can understand.
1 So in original. There is no cl. (iv).
20 U.S.C. § 2323
EDITORIAL NOTES
REFERENCES IN TEXTThe National and Community Service Act of 1990, referred to in subsec. (b)(2)(A)(iii), (B)(i), (3)(C)(ii)(III)(cc), (4)(B)(ii)(IV)(cc), is Pub. L. 101-610, 104 Stat. 3127. Title I of the Act is classified principally to subchapter I (§12511 et seq.) of chapter 129 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
PRIOR PROVISIONSA prior section 2323, Pub. L. 88-210, title I, §113, as added Pub. L. 105-332, §1(b), Oct. 31, 1998, 112 Stat. 3087, related to accountability, prior to the general amendment of this chapter by Pub. L. 109-270.Another prior section 2323, Pub. L. 88-210, title I, §113, as added Pub. L. 98-524, §1, Oct. 19, 1984, 98 Stat. 2445; amended Pub. L. 99-159, title VII, §§704, 713(a)(1), (2), Nov. 22, 1985, 99 Stat. 905, 907; Pub. L. 101-392, §113, 104 Stat. 766; Pub. L. 101-476, §901, 104 Stat. 1142; Pub. L. 103-382, §391, 108 Stat. 4024, required submission of State plans, prior to the general amendment of this chapter by Pub. L. 105-332.
AMENDMENTS2018-Subsec. (b). Pub. L. 115-224, §112(1)(A), inserted "determined" after "State" in heading.Subsec. (b)(1). Pub. L. 115-224, §112(1)(B)(i), inserted "State determined" before "performance" in introductory provisions.Subsec. (b)(1)(B), (C). Pub. L. 115-224, §112(1)(B) (ii)-(iv), redesignated subpar. (C) as (B), substituted "a State determined level of performance" for "a State adjusted level of performance" and struck out ", and State levels of performance described in paragraph (3)(B) for each additional indicator of performance" before period at end, and struck out former subpar. (B) which read as follows: "any additional indicators of performance (if any) identified by the eligible agency under paragraph (2)(C); and".Subsec. (b)(2). Pub. L. 115-224, §112(1)(C), added par. (2) and struck out former par. (2) which described various indicators of performance.Subsec. (b)(3). Pub. L. 115-224, §112(1)(D)(i), inserted "determined" after "State" in heading.Subsec. (b)(3)(A). Pub. L. 115-224, §112(1)(D) (ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to State adjusted levels of performance for core indicators of performance.Subsec. (b)(3)(B). Pub. L. 115-224, §112(1)(D) (iii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: "Each eligible agency shall identify in the State plan State levels of performance for each of the additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the State levels of performance for purposes of this subchapter."Subsec. (b)(3)(C) to (E). Pub. L. 115-224, §112(1)(D) (iv), added subpars. (C) to (E).Subsec. (b)(4)(A). Pub. L. 115-224, §112(1)(E)(i)(I), struck out "adjusted" before "levels of performance" in heading.Subsec. (b)(4)(A)(i). Pub. L. 115-224, §112(1)(E)(i) (III)(aa), in introductory provisions, substituted "State determined levels of performance for each year of the plan" for "State adjusted levels of performance" and substituted "local levels" for "local adjusted levels" in two places.Subsec. (b)(4)(A)(i)(I). Pub. L. 115-224, §112(1)(E)(i) (III)(bb), substituted "consistent with the form expressed in the State determined levels, so as" for "consistent with the State levels of performance established under paragraph (3), so as" and struck out "and" at end.Subsec. (b)(4)(A)(i)(II). Pub. L. 115-224, §112(1)(E)(i) (III)(cc), substituted "continually make meaningful progress toward improving the performance of all CTE concentrators, including subgroups of students described in section 6311(h)(1)(C)(ii) of this title and special populations, as described in section 2302(48) of this title;" for "continually make progress toward improving the performance of career and technical education students."Subsec. (b)(4)(A)(i)(III) to (V). Pub. L. 115-224, §112(1)(E)(i) (III)(dd), added subcls. (III) to (V). Subsec. (b)(4)(A)(ii). Pub. L. 115-224, §112(1)(E)(i) (IV)(aa), (cc), substituted "application" for "plan" in heading and "each of the" for "the first 2" in text. Pub. L. 115-224, §112(1)(E)(i) (IV)(bb), which directed substitution of "application" for "plan", was executed by making the substitution both places it appeared to reflect the probable intent of Congress.Subsec. (b)(4)(A)(iii). Pub. L. 115-224, §112(1)(E)(i)(V), amended cl. (iii) generally. Prior to amendment, text read as follows: "Prior to the third and fifth program years covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the corresponding subsequent program years covered by the local plan, taking into account the factors described in clause (v). The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan." Pub. L. 115-224, §112(1)(E)(i) (II), redesignated cl. (iv) as (iii) and struck out former cl. (iii). Prior to amendment, text of cl. (iii) read as follows: "The eligible agency and each eligible recipient shall reach agreement, as described in clause (i), on the eligible recipient's levels of performance for each of the core indicators of performance for the first 2 program years covered by the local plan, taking into account the levels identified in the local plan under clause (ii) and the factors described in clause (v). The levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan prior to the approval of such plan." Subsec. (b)(4)(A)(iv). Pub. L. 115-224, §112(1)(E)(i) (II), redesignated cl. (iv) as (iii). Subsec. (b)(4)(A)(v), (vi). Pub. L. 115-224, §112(1)(E)(i) (II), (VI), redesignated cl. (vi) as (v), substituted "If unanticipated circumstances arise, or changes occur related to improvements in data or measurement approaches, the eligible recipient may request that the local levels of performance agreed to under clauses (i) and (iii) be revised." for "If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised.", and struck out former cl. (v) which set out factors the agreements in this subpar. were to take into account.Subsec. (b)(4)(B). Pub. L. 115-224, §112(1)(E) (ii), redesignated subpar. (C) as (B) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: "Each eligible recipient may identify, in the local plan, local levels of performance for any additional indicators of performance described in paragraph (2)(C). Such levels shall be considered to be the local levels of performance for purposes of this subchapter."Subsec. (b)(4)(B)(i). Pub. L. 115-224, §112(1)(E) (iii)(I), substituted "the data on the actual performance levels described in clause (ii), including the progress of such recipient in achieving the local levels of performance" for "the data described in clause (ii)(I), regarding the progress of such recipient in achieving the local adjusted levels of performance".Subsec. (b)(4)(B)(ii)(I). Pub. L. 115-224, §112(1)(E) (iii)(II)(aa), substituted "section 6311(h)(1)(C)(ii)" for "section 6311(h)(1)(C)(i)" and "section 2302(48)" for "section 2302(29)" and struck out "and" at end. Subsec. (b)(4)(B)(ii)(II). Pub. L. 115-224, §112(1)(E) (iii)(II)(bb)(AA)-(CC), inserted ", as described in paragraph 3(C)(ii)(II)," after "gaps in performance" and "as described in subclause (I) (including special populations)" after "category of students" and substituted "all CTE concentrators" for "all students". Subsec. (b)(4)(B)(ii)(III), (IV). Pub. L. 115-224, §112(1)(E) (iii)(II)(bb)(DD), added subcls. (III) and (IV). Subsec. (b)(4)(B)(iii). Pub. L. 115-224, §112(1)(E) (iii)(III), substituted "paragraph (3)(C)(iii)" for "subsection (c)(3)". Subsec. (b)(4)(B)(iv). Pub. L. 115-224, §112(1)(E) (iii)(IV), substituted "this paragraph" for "clause (ii)". Subsec. (b)(4)(B)(v). Pub. L. 115-224, §112(1)(E) (iii)(V), added cl. (v) and struck out former cl. (v). Prior to amendment, text read as follows: "The report described in clause (i) shall be made available to the public through a variety of formats, including electronically through the Internet." Subsec. (b)(4)(C). Pub. L. 115-224, §112(1)(E) (ii), redesignated subpar. (C) as (B).Subsec. (c). Pub. L. 115-224, §112(2), struck out subsec. (c) which related to annual reports from eligible agencies receiving allotments. 2015-Subsec. (b)(2)(A)(i). Pub. L. 114-95, §9215(n)(3)(A)(i), added cl. (i) and struck out former cl. (i) which read as follows: "Student attainment of challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 6311(b)(1) of this title and measured by the State determined proficient levels on the academic assessments described in section 6311(b)(3) of this title."Subsec. (b)(2)(A)(iv). Pub. L. 114-95, §9215(n)(3)(A) (ii), substituted "(as described in section 6311(c)(4)(A)(i)(I)(bb) of this title)" for "(as described in section 6311(b)(2)(C)(vi) of this title)".Subsec. (b)(4)(C)(ii)(I). Pub. L. 114-95, §9215(n)(3)(B), substituted "subgroups" for "categories".
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.
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- CTE concentrator
- The term "CTE concentrator" means-(A) at the secondary school level, a student served by an eligible recipient who has completed at least 2 courses in a single career and technical education program or program of study; and(B) at the postsecondary level, a student enrolled in an eligible recipient who has-(i) earned at least 12 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.
- Secretary
- The term "Secretary" means the Secretary of Education.
- career and technical education
- The term "career and technical education" means organized educational activities that-(A) offer a sequence of courses that-(i) provides individuals with rigorous academic content and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions, which may include high-skill, high-wage, or in-demand industry sectors or occupations, which shall be, at the secondary level, aligned with the challenging State academic standards adopted by a State under section 6311(b)(1) of this title;(ii) provides technical skill proficiency or a recognized postsecondary credential, which may include an industry-recognized credential, a certificate, or an associate degree; and(iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph;(B) include competency-based, work-based, or other applied learning that supports the development of academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual;(C) to the extent practicable, coordinate between secondary and postsecondary education programs through programs of study, which may include coordination through articulation agreements, early college high school programs, dual or concurrent enrollment program opportunities, or other credit transfer agreements that provide postsecondary credit or advanced standing; 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 7801 of this title).
- credit transfer agreement
- The term "credit transfer agreement" means a formal agreement, such as an articulation agreement, among and between secondary and postsecondary education institutions or systems that grant students transcripted postsecondary credit, which may include credit granted to students in dual or concurrent enrollment programs or early college high school, dual credit, articulated credit, and credit granted on the basis of performance on technical or academic assessments.
- 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 career and technical education in the State or for the supervision of the administration of career and technical education in the State.
- eligible recipient
- The term "eligible recipient" means-(A) 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, an Indian Tribe, Tribal organization, or Tribal educational agency or a consortium, eligible to receive assistance under section 2351 of this title; or(B) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 2352 of this title.
- non-traditional fields
- The term "non-traditional fields" means occupations or fields of work, such as careers in computer science, technology, and other current and 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.
- program of study
- The term "program of study" means a coordinated, nonduplicative sequence of academic and technical content at the secondary and postsecondary level that-(A) incorporates challenging State academic standards, including those adopted by a State under section 6311(b)(1) of this title;(B) addresses both academic and technical knowledge and skills, including employability skills;(C) is aligned with the needs of industries in the economy of the State, region, Tribal community, or local area;(D) progresses in specificity (beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction);(E) has multiple entry and exit points that incorporate credentialing; and(F) culminates in the attainment of a recognized postsecondary credential.
- special populations
- The term "special populations" means-(A) individuals with disabilities;(B) individuals from economically disadvantaged families, including low-income youth and adults;(C) individuals preparing for non-traditional fields;(D) single parents, including single pregnant women;(E) out-of-workforce individuals;(F) English learners;(G) homeless individuals described in section 11434a of title 42;(H) youth who are in, or have aged out of, the foster care system; and(I) 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); and(ii) is on active duty (as such term is defined in section 101(d)(1) of such title).
- 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, firsthand engagement with the tasks required in a given career field, that are aligned to curriculum and instruction.