20 U.S.C. § 2354

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 2354 - Local application for career and technical education programs
(a) Local application required

Any eligible recipient desiring financial assistance under this part shall, in accordance with requirements established by the eligible agency (in consultation with such other educational training entities as the eligible agency determines to be appropriate) submit a local application to the eligible agency. Such local application shall cover the same period of time as the period of time applicable to the State plan submitted under section 2342 of this title.

(b) Contents

The eligible agency shall determine the requirements for local applications, except that each local application shall contain-

(1) a description of the results of the comprehensive needs assessment conducted under subsection (c);
(2) information on the career and technical education course offerings and activities that the eligible recipient will provide with funds under this part, which shall include not less than 1 program of study approved by a State under section 2344(b)(2) of this title, including-
(A) how the results of the comprehensive needs assessment described in subsection (c) informed the selection of the specific career and technical education programs and activities selected to be funded;
(B) a description of any new programs of study the eligible recipient will develop and submit to the State for approval; and
(C) how students, including students who are members of special populations, will learn about their school's career and technical education course offerings and whether each course is part of a career and technical education program of study;
(3) a description of how the eligible recipient, in collaboration with local workforce development boards and other local workforce agencies, one-stop delivery systems described in section 3151(e)(2) of title 29, and other partners, will provide-
(A) career exploration and career development coursework, activities, or services;
(B) career information on employment opportunities that incorporate the most up-to-date information on high-skill, high-wage, or in-demand industry sectors or occupations, as determined by the comprehensive needs assessment described in subsection (c); and
(C) an organized system of career guidance and academic counseling to students before enrolling and while participating in a career and technical education program;
(4) a description of how the eligible recipient will improve the academic and technical skills of students participating in career and technical education programs by strengthening the academic and career and technical education components of such programs through the integration of coherent and rigorous content aligned with challenging academic standards and relevant career and technical education programs to ensure learning in the subjects that constitute a well-rounded education (as defined in section 7801 of this title);
(5) a description of how the eligible recipient will-
(A) provide activities to prepare special populations for high-skill, high-wage, or in-demand industry sectors or occupations that will lead to self-sufficiency;
(B) prepare CTE participants for non-traditional fields;
(C) provide equal access for special populations to career and technical education courses, programs, and programs of study; and
(D) ensure that members of special populations will not be discriminated against on the basis of their status as members of special populations;
(6) a description of the work-based learning opportunities that the eligible recipient will provide to students participating in career and technical education programs and how the recipient will work with representatives from employers to develop or expand work-based learning opportunities for career and technical education students, as applicable;
(7) a description of how the eligible recipient will provide students participating in career and technical education programs with the opportunity to gain postsecondary credit while still attending high school, such as through dual or concurrent enrollment programs or early college high school, as practicable;
(8) a description of how the eligible recipient will coordinate with the eligible agency and institutions of higher education to support the recruitment, preparation, retention, and training, including professional development, of teachers, faculty, administrators, and specialized instructional support personnel and paraprofessionals who meet applicable State certification and licensure requirements (including any requirements met through alternative routes to certification), including individuals from groups underrepresented in the teaching profession; and
(9) a description of how the eligible recipient will address disparities or gaps in performance as described in section 2323(b)(3)(C)(ii)(II) of this title in each of the plan years, and if no meaningful progress has been achieved prior to the third program year, a description of the additional actions such recipient will take to eliminate those disparities or gaps.
(c) Comprehensive needs assessment
(1) In general

To be eligible to receive financial assistance under this part, an eligible recipient shall-

(A) conduct a comprehensive local needs assessment related to career and technical education and include the results of the needs assessment in the local application submitted under subsection (a); and
(B) not less than once every 2 years, update such comprehensive local needs assessment.
(2) Requirements

The comprehensive local needs assessment described in paragraph (1) shall include each of the following:

(A) An evaluation of the performance of the students served by the eligible recipient with respect to State determined and local levels of performance established pursuant to section 2323 of this title, including an evaluation of performance for special populations and each subgroup described in section 6311(h)(1)(C)(ii) of this title.
(B) A description of how career and technical education programs offered by the eligible recipient are-
(i) sufficient in size, scope, and quality to meet the needs of all students served by the eligible recipient; and
(ii)
(I) aligned to State, regional, Tribal, or local in-demand industry sectors or occupations identified by the State workforce development board described in section 3111 of title 29 (referred to in this section as the "State board") or local workforce development board, including career pathways, where appropriate; or
(II) designed to meet local education or economic needs not identified by State boards or local workforce development boards.
(C) An evaluation of progress toward the implementation of career and technical education programs and programs of study.
(D) A description of how the eligible recipient will improve recruitment, retention, and training of career and technical education teachers, faculty, specialized instructional support personnel, paraprofessionals, and career guidance and academic counselors, including individuals in groups underrepresented in such professions.
(E) A description of progress toward implementation of equal access to high-quality career and technical education courses and programs of study for all students, including-
(i) strategies to overcome barriers that result in lower rates of access to, or performance gaps in, the courses and programs for special populations;
(ii) providing programs that are designed to enable special populations to meet the local levels of performance; and
(iii) providing activities to prepare special populations for high-skill, high-wage, or in-demand industry sectors or occupations in competitive, integrated settings that will lead to self-sufficiency.
(d) Consultation

In conducting the comprehensive needs assessment under subsection (c), and developing the local application described in subsection (b), an eligible recipient shall involve a diverse body of stakeholders, including, at a minimum-

(1) representatives of career and technical education programs in a local educational agency or educational service agency, including teachers, career guidance and academic counselors, principals and other school leaders, administrators, and specialized instructional support personnel and paraprofessionals;
(2) representatives of career and technical education programs at postsecondary educational institutions, including faculty and administrators;
(3) representatives of the State board or local workforce development boards and a range of local or regional businesses or industries;
(4) parents and students;
(5) representatives of special populations;
(6) representatives of regional or local agencies serving out-of-school youth, homeless children and youth, and at-risk youth (as defined in section 6472 of this title);
(7) representatives of Indian Tribes and Tribal organizations in the State, where applicable; and
(8) any other stakeholders that the eligible agency may require the eligible recipient to consult.
(e) Continued consultation

An eligible recipient receiving financial assistance under this part shall consult with stakeholders described in subsection (d) on an ongoing basis, as determined by the eligible agency. This may include consultation in order to-

(1) provide input on annual updates to the comprehensive needs assessment required under subsection (c)(1)(B);
(2) ensure programs of study are-
(A) responsive to community employment needs;
(B) aligned with employment priorities in the State, regional, tribal, or local economy identified by employers and the entities described in subsection (d), which may include in-demand industry sectors or occupations identified by the local workforce development board;
(C) informed by labor market information, including information provided under section 49l-2(e)(2)(C) of title 29;
(D) designed to meet current, intermediate, or long-term labor market projections; and
(E) allow employer input, including input from industry or sector partnerships in the local area, where applicable, into the development and implementation of programs of study to ensure such programs of study align with skills required by local employment opportunities, including activities such as the identification of relevant standards, curriculum, industry-recognized credentials, and current technology and equipment;
(3) identify and encourage opportunities for work-based learning; and
(4) ensure funding under this part is used in a coordinated manner with other local resources.

20 U.S.C. § 2354

Pub. L. 88-210, title I, §134, as added Pub. L. 109-270, §1(b), Aug. 12, 2006, 120 Stat. 732; amended Pub. L. 113-128, §512, 128 Stat. 1707; Pub. L. 114-95, §9215, 129 Stat. 2170; Pub. L. 115-224, §133, 132 Stat. 1612.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 2354, Pub. L. 88-210, title I, §134, as added Pub. L. 105-332, §1(b), Oct. 31, 1998, 112 Stat. 3114, related to local plan for vocational and technical education programs, prior to the general amendment of this chapter by Pub. L. 109-270.

AMENDMENTS2018- Pub. L. 115-224, §133(1), substituted "Local application" for "Local plan" in section catchline.Subsec. (a). Pub. L. 115-224, §133(2), substituted "Local Application" for "Local plan" in heading and "local application" for "local plan" in two places in text. Subsecs. (b) to (e). Pub. L. 115-224, §133(3), added subsecs. (b) to (e) and struck out former subsec. (b) which related to contents of local plans. 2015-Subsec. (b)(3)(B)(i). Pub. L. 114-95, §9215(n)(8)(A), substituted "a well-rounded education (as defined in section 7801 of this title)" for "the core academic subjects (as defined in section 7801 of this title)".Subsec. (b)(3)(E). Pub. L. 114-95, §9215(n)(8)(B), substituted "in order to provide a well-rounded education (as defined in section 7801 of this title)" for "in core academic subjects (as defined in section 7801 of this title)". 2014-Subsec. (b)(5). Pub. L. 113-128 substituted "entities participating in activities described in section 3122 of title 29 (if applicable)" for "entities participating in activities described in section 2832 of title 29 (if applicable)".

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.

EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113-128, set out as an Effective Date note under section 3101 of Title 29, Labor.

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).
career guidance and academic counseling
The term "career guidance and academic counseling" means guidance and counseling that-(A) provides access for students (and, as appropriate, parents and out-of-school youth) to information regarding career awareness exploration opportunities and planning with respect to an individual's occupational and academic future;(B) provides information to students (and, as appropriate, parents and out-of-school youth) with respect to career options, financial aid, job training, secondary and postsecondary options (including associate and baccalaureate degree programs), dual or concurrent enrollment programs, work-based learning opportunities, early college high schools, financial literacy, and support services, as appropriate; and(C) may provide assistance for special populations with respect to direct support services that enable students to persist in and complete career and technical education, programs of study, or career pathways.
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.
local workforce development board
The term "local workforce development board" means a local workforce development board established under section 3122 of title 29.
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.
professional development
The term "professional development" means activities that-(A) are an integral part of eligible agency, eligible recipient, institution, or school strategies for providing educators (including teachers, principals, other school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals) with the knowledge and skills necessary to enable students to succeed in career and technical education, to meet challenging State academic standards under section 6311(b)(1) of this title, or to achieve academic skills at the postsecondary level; and(B) are sustained (not stand-alone, 1-day, or short-term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, to the extent practicable evidence-based, and may include activities that-(i) improve and increase educators'-(I) knowledge of the academic and technical subjects;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of eligible recipients' improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) support the recruitment, hiring, and training of effective educators, including educators who became certified through State and local alternative routes to certification;(v) advance educator understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic and technical achievement or substantially increasing the knowledge and teaching skills of educators;(vi) are developed with extensive participation of educators, parents, students, and representatives of Indian Tribes (as applicable), of schools and institutions served under this chapter;(vii) are designed to give educators of students who are English learners in career and technical education programs or programs of study the knowledge and skills to provide instruction and appropriate language and academic support services to those students, including the appropriate use of curricula and assessments;(viii) as a whole, are regularly evaluated for their impact on increased educator effectiveness and improved student academic and technical achievement, with the findings of the evaluations used to improve the quality of professional development;(ix) are designed to give educators of individuals with disabilities in career and technical education programs or programs of study the knowledge and skills to provide instruction and academic support services to those individuals, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(x) include instruction in the use of data and assessments to inform and instruct classroom practice;(xi) include instruction in ways that educators may work more effectively with parents and families;(xii) provide follow-up training to educators who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the educators are implemented in the classroom;(xiii) promote the integration of academic knowledge and skills and relevant technical knowledge and skills, including programming jointly delivered to academic and career and technical education teachers; or(xiv) increase the ability of educators providing career and technical education instruction to stay current with industry standards.
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.