Program performance information
In general
section 2323(b)(3)(C) of this titleThe Secretary shall, in consultation with the Director, collect performance information about, and report on, the condition of career and technical education and on the effectiveness of State and local programs, services, and activities carried out under this subchapter in order to provide the Secretary and Congress, as well as Federal, State, local, and tribal agencies, with information relevant to improvement in the quality and effectiveness of career and technical education. The Secretary shall report annually to Congress on the Secretary’s aggregate analysis of performance information collected each year pursuant to this subchapter from eligible agencies under , including an analysis of performance data regarding special populations.
Compatibility
The Secretary shall, to the extent feasible, ensure that the performance information system is compatible with other Federal information systems.
Assessments
As a regular part of its assessments, the National Center for Education Statistics shall collect and report information on career and technical education for a nationally representative sample of students. Such assessment may include international comparisons in the aggregate.
Reasonable cost
The Secretary shall take such action as may be necessary to secure at reasonable cost the information required by this subchapter. To ensure reasonable cost, the Secretary, in consultation with the National Center for Education Statistics and the Office of Career, Technical, and Adult Education shall determine the methodology to be used and the frequency with which such information is to be collected.
Single plan for research, development, dissemination, evaluation, and assessment
In general
The Secretary shall, directly or through grants, contracts, or cooperative agreements, carry out research, development, dissemination, evaluation and assessment, capacity building, and technical assistance with regard to the career and technical education programs under this chapter. The Secretary shall develop a single plan for such activities.
Plan
Advisory panel; evaluation; reports
Independent advisory panel
In general
The Secretary, acting through the Director, shall appoint an independent advisory panel to advise the Secretary on the implementation of the evaluation described in paragraph (2) and the plan developed under subsection (c), including the issues to be addressed and the methodology of the studies involved to ensure that the evaluation adheres to the highest standards of quality.
Members
Independent analysis
The advisory panel shall transmit to the Secretary, the Director, the relevant committees of Congress, and the Library of Congress an independent analysis of the findings and recommendations resulting from the evaluation described in paragraph (2).
Chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the panel established under this paragraph.
Evaluation
In general
From amounts made available under subsection (f), the Secretary, acting through the Director, shall provide for the conduct of a series of research and evaluation initiatives for each year for which funds are appropriated to carry out this chapter, which are aligned with the plan in subsection (c)(2), of career and technical education programs under this chapter, including the implementation of the Strengthening Career and Technical Education for the 21st Century Act, to the extent practicable, through studies and analyses conducted independently through grants, contracts, and cooperative agreements that are awarded on a competitive basis. Whenever possible, data used for the evaluation for a fiscal year shall be data from the most recent fiscal year for which such data are available, and from the 5-year period preceding that fiscal year.
Contents
Reports
In general
Prohibition
Notwithstanding any other provision of law, the reports required by this subsection shall not be subject to any review outside the Department of Education before their transmittal to the relevant committees of Congress and the Secretary, but the President, the Secretary, the Director, and the independent advisory panel established under paragraph (1) may make such additional recommendations to Congress with respect to the assessment as the President, the Secretary, the Director, or the panel determine to be appropriate.
Dissemination
1
Collection of State information and report
In general
section 2323(b) of this titleThe Secretary may collect and disseminate information from States regarding State efforts to meet State determined levels of performance described in , as long as such information does not reveal any personally identifiable information.
Report
The Secretary shall gather any information collected pursuant to subparagraph (A) and submit a report to the relevant committees in Congress.
Research
In general
From amounts made available under subsection (f), the Secretary, after consultation with the Director, the Commissioner for Education Research, and the States, and with input from the independent advisory panel established under subsection (d)(1)(A), shall award a grant, contract, or cooperative agreement, on a competitive basis, to an institution of higher education or to a consortium of one or more institutions of higher education and one or more private nonprofit organizations or agencies, to carry out one or more of the activities described in subparagraph (B).
Grant activities
Report
The institution or consortium receiving a grant under this paragraph shall annually prepare a report containing information about the key research findings of such entity under this paragraph and shall submit copies of the report to the Secretary and the Director. The Secretary shall submit copies of the report to the relevant committees of Congress, the Library of Congress, and each eligible agency.
Dissemination
The institution or consortium receiving a grant under this paragraph shall conduct dissemination and training activities based on the research carried out under this paragraph on a timely basis, including through dissemination networks and, as appropriate and relevant, technical assistance providers within the Department.
Innovation and modernization
Grant program
section 2342 of this titlesection 2354 of this titleTo identify, support, and rigorously evaluate evidence-based and innovative strategies and activities to improve and modernize career and technical education and align workforce skills with labor market needs as part of the State plan under and local application under and the requirements of this subsection, the Secretary may use not more than 20 percent of the amounts appropriated under subsection (f) to award grants to eligible entities, eligible institutions, or eligible recipients to carry out the activities described in paragraph (7).
Non-Federal match
Matching funds required
Except as provided under subparagraph (B), to receive a grant under this subsection, an eligible entity, eligible institution, or eligible recipient shall, through cash or in-kind contributions, provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the funds provided under such grant.
Exception
The Secretary may waive the matching fund requirement under subparagraph (A) if the eligible entity, eligible institution, or eligible recipient demonstrates exceptional circumstances.
Application
Priority
In awarding grants under this subsection, the Secretary shall give priority to applications from eligible entities, eligible institutions, or eligible recipients that will predominantly serve students from low-income families.
Geographic diversity
In general
Exception
Notwithstanding subparagraph (A), the Secretary shall reduce the amount of funds made available under such clause if the Secretary does not receive a sufficient number of applications of sufficient quality.
Duration
In general
Grants awarded under this subsection shall be for a period of not more than 3 years.
Extension
The Secretary may extend such grants for not more than 1 additional 2-year period if the grantee demonstrates to the Secretary that the grantee is achieving the grantee’s program objectives and, as applicable, has improved education outcomes for career and technical education students, including special populations.
Uses of funds
Evaluation
Authorization of appropriations
Pub. L. 88–210, title I, § 114Pub. L. 109–270, § 1(b)120 Stat. 702Pub. L. 113–76, div. H, title III, § 307(d)128 Stat. 399Pub. L. 114–95, title IX, § 9215(n)(4)129 Stat. 2169Pub. L. 115–224, title I, § 113132 Stat. 1588Pub. L. 117–286, § 4(a)(149)136 Stat. 4322(, as added , , ; amended , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 115–224132 Stat. 1563section 2301 of this titleThe Strengthening Career and Technical Education for the 21st Century Act, referred to in subsec. (d)(2)(A), (B)(viii), (4)(B)(ii), is , , . For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under and Tables.
Pub. L. 113–128128 Stat. 1425section 3101 of Title 29The Workforce Innovation and Opportunity Act, referred to in subsec. (d)(2)(B)(viii)(III), (4)(B)(ii)(V), is , , , which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this title, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 89–1079 Stat. 27section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2)(B)(viii)(III), (4)(B)(ii)(V), is , , , which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 89–32979 Stat. 1219section 1001 of this titleThe Higher Education Act of 1965, referred to in subsec. (d)(4)(B)(ii)(V), is , , , which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Prior Provisions
Pub. L. 88–210, title I, § 114Pub. L. 105–332, § 1(b)112 Stat. 3089Pub. L. 109–270A prior section 2324, , as added , , , related to national activities, prior to the general amendment of this chapter by .
Pub. L. 88–210, title I, § 114Pub. L. 98–524, § 198 Stat. 2449Pub. L. 101–392, title I, § 114104 Stat. 769Pub. L. 105–332Another prior section 2324, , as added , , ; amended , , , related to development and approval of State plans, prior to the general amendment of this chapter by .
Amendments
Pub. L. 117–2862022—Subsec. (d)(1)(D). substituted “Chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
Pub. L. 115–224, § 113(1)section 2323(b)(3)(C) of this title2018—Subsec. (a)(1). , substituted “The Secretary shall, in consultation with the Director, collect” for “The Secretary shall collect” and inserted “from eligible agencies under ” after “pursuant to this subchapter”.
Pub. L. 115–224, § 113(2)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) required the collection of information at reasonable cost and the cooperation of eligible agencies receiving assistance under this chapter.
Pub. L. 115–224, § 113(3)(A)Subsec. (c)(1). , substituted “Secretary shall, directly” for “Secretary may, directly”.
Pub. L. 115–224, § 113(3)(B)(i)Subsec. (c)(2)(B). , inserted “, acting through the Director,” after “describe how the Secretary”.
Pub. L. 115–224, § 113(3)(B)(ii)Subsec. (c)(2)(C). , inserted “, in consultation with the Director,” after “Secretary”.
Pub. L. 115–224, § 113(4)(A)(i)Subsec. (d)(1)(A). , inserted “, acting through the Director,” after “The Secretary” and “and the plan developed under subsection (c)” after “described in paragraph (2)” and substituted “evaluation” for “assessment” in two places.
Pub. L. 115–224, § 113(4)(A)(ii)(II)Subsec. (d)(1)(B)(vi). , inserted “qualified” before “intermediaries” and substituted “expertise, which may include individuals with expertise in addressing inequities in access to, and in opportunities for, academic and technical skill attainment;” for “expertise.”
Pub. L. 115–224, § 113(4)(A)(ii)(I)Subsec. (d)(1)(B)(vii), (viii). , (III), added cls. (vii) and (viii).
Pub. L. 115–224, § 113(4)(A)(iii)Subsec. (d)(1)(C). , inserted “the Director,” after “the Secretary,” and substituted “evaluation” for “assessment”.
Pub. L. 115–224, § 113(4)(B)(i)Subsec. (d)(2). , struck out “and assessment” after “Evaluation” in heading.
Pub. L. 115–224, § 113(4)(B)(ii)Subsec. (d)(2)(A). , substituted “subsection (f), the Secretary, acting through the Director,” for “subsection (e), the Secretary”, “a series of research and evaluation initiatives for each year for which funds are appropriated to carry out this chapter, which are aligned with the plan in subsection (c)(2),” for “an independent evaluation and assessment”, and “Strengthening Career and Technical Education for the 21st Century Act” for “Carl D. Perkins Career and Technical Education Improvement Act of 2006” and inserted at end “Whenever possible, data used for the evaluation for a fiscal year shall be data from the most recent fiscal year for which such data are available, and from the 5-year period preceding that fiscal year.”
Pub. L. 115–224, § 113(4)(B)(iii)Subsec. (d)(2)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) set out the contents of the assessment required under subpar. (A).
Pub. L. 115–224, § 113(4)(B)(iv)(I)Subsec. (d)(2)(C)(i). , inserted “, in consultation with the Director,” after “The Secretary” in introductory provisions, added subcls. (I) to (III), and struck out former subcls. (I) and (II) which required an interim report by , and a final report by .
Pub. L. 115–224, § 113(4)(B)(iv)(II)Subsec. (d)(2)(C)(ii). , inserted “the Director,” after “the President, the Secretary,” in two places.
Pub. L. 115–224, § 113(4)(B)(iv)(III)Subsec. (d)(2)(C)(iii). , added cl. (iii).
Pub. L. 115–224, § 113(4)(C)section 2323(b) of this titlesection 2323(b) of this titleSubsec. (d)(3)(A). , substituted “State determined levels of performance described in , as long as such information does not reveal any personally identifiable information” for “State adjusted levels of performance described in ”.
Pub. L. 115–224, § 113(4)(D)Subsec. (d)(4), (5). , added par. (4) and struck out former pars. (4) and (5) which related to grants for research and demonstration programs and dissemination of information.
Pub. L. 115–224, § 113(6)Subsec. (e). , added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 115–224, § 113(5)Subsec. (f). , (7), redesignated subsec. (e) as (f) and amended it generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2007 through 2012.”
Pub. L. 114–952015—Subsec. (d)(4)(A)(iii)(I)(aa). substituted “integrating those programs with challenging State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;” for “integrating those programs with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;”.
Pub. L. 113–762014—Subsec. (b)(1). substituted “Office of Career, Technical, and Adult Education” for “Office of Vocational and Adult Education”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–224section 4 of Pub. L. 115–224section 2301 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .