US Code

Public Law 119-73 (01/23/2026)

20 U.S.C. § 2343

Improvement plans

(a)

State program improvement

(1)

Plan

1

1 So in original. Probably should be preceded by “section”.
section 2323(b)(3)(C)(ii)(II) of this titleIf a State fails to meet at least 90 percent of the State determined level of performance for any of the core indicators of performance described in 2323(b)(2)  of this title for all CTE concentrators, the eligible agency shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under , 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 failed to so meet the State determined level of performance for any of the core indicators of performance.

(2)

Technical assistance

section 2342 of this title2

2 So in original.
If the Secretary determines that an eligible agency is not properly implementing the eligible agency’s responsibilities under , or is not making substantial progress in meeting the purposes of this section, including after implementation of the improvement plan described in paragraph (1),, based on the State determined levels of performance, the Secretary shall work with the eligible agency to implement the improvement activities consistent with the requirements of this chapter.

(3)

Subsequent action

(A)

In general

section 2322(a) of this titleThe Secretary may, after notice and opportunity for a hearing, withhold from an eligible agency all, or a portion, of the eligible agency’s allotment under paragraphs (2) and (3) of if the eligible agency—
(i)
fails to implement an improvement plan as described in paragraph (1); or
(ii)
with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (1), fails to meet at least 90 percent of a State determined level of performance for such core indicator for 2 consecutive years after the eligible agency has been identified for improvement under such paragraph.
(B)

Waiver for exceptional circumstances

The Secretary may waive the sanction in subparagraph (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.

(4)

Funds resulting from reduced allotments

The Secretary shall use funds withheld under paragraph (3) for a State served by an eligible agency to provide technical assistance, to assist in the development of an improved State improvement plan, or for other improvement activities consistent with the requirements of this chapter for such State.

(5)

Adjustments prohibited

An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.

(b)

Local program improvement

(1)

Local evaluation

section 2323(b)(4) of this titleEach eligible agency shall evaluate annually, using the local levels of performance described in , the career and technical education activities of each eligible recipient receiving funds under this subchapter.

(2)

Plan

section 2323(b)(4) of this titlesection 2323(b)(3)(C)(ii)(II) of this titlesection 2354(d)(1) of this titleIf, after reviewing the evaluation in paragraph (1), the eligible agency determines that an eligible recipient 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 for all CTE concentrators, the eligible recipient shall develop and implement a program improvement plan (that includes an analysis of the performance disparities or gaps identified under , and actions that will be taken to address such gaps) in consultation with local stakeholders described in , the eligible agency, and appropriate agencies, individuals, and organizations during the first program year succeeding the program year for which the eligible recipient failed to so meet any of the local levels of performance for any of the core indicators of performance.

(3)

Technical assistance

section 2354 of this titleIf the eligible agency determines that an eligible recipient is not properly implementing the eligible recipient’s responsibilities under , or is not making substantial progress in meeting the purposes of this chapter, based on the local levels of performance, the eligible agency shall work with the eligible recipient to implement improvement activities consistent with the requirements of this chapter.

(4)

Subsequent action

(A)

In general

The eligible agency may, after notice and opportunity for a hearing, withhold from the eligible recipient all, or a portion, of the eligible recipient’s allotment under this subchapter if the eligible recipient—
(i)
fails to implement an improvement plan as described in paragraph (2); or
(ii)
with respect to any specific core indicator of performance that was identified in a program improvement plan under paragraph (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 has been identified for improvement under such paragraph.
(B)

Waiver for exceptional circumstances

In determining whether to impose sanctions under subparagraph (A), the eligible agency 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;
(ii)
based on the impact on the eligible recipient’s reported performance of the small size of the career and technical education program operated by the eligible recipient; or
(iii)
in response to a public request from an eligible recipient, if the eligible agency determines that the requirements described in clause (i) or (ii) have been met.
(5)

Funds resulting from reduced allotments

The eligible agency shall use funds withheld under paragraph (4) from an eligible recipient 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 shall not be eligible to adjust performance levels while executing an improvement plan under this section.

Pub. L. 88–210, title I, § 123Pub. L. 109–270, § 1(b)120 Stat. 721Pub. L. 115–224, title I, § 123132 Stat. 1606(, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

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

Pub. L. 88–210, title II, § 240Pub. L. 101–392, title II, § 201104 Stat. 784Pub. L. 105–332Another prior section 2343, , as added , , , related to local applications, prior to the general amendment of this chapter by .

Amendments

Pub. L. 115–224, § 123(1)(A)section 2323(b)(3) of this titlesection 2323(b)(3)(C)(ii)(II) of this titlesection 2323(c)(2) of this title2018—Subsec. (a)(1). , 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 “”, and “(that includes an analysis of the performance disparities or gaps identified under , and actions that will be taken to address such gaps)” for “(with special consideration to performance gaps identified under )”.

Pub. L. 115–224, § 123(1)(B)Subsec. (a)(2). , 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”.

Pub. L. 115–224, § 123(1)(C)Subsec. (a)(3)(A)(ii), (iii). , 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.”

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

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

Pub. L. 115–224, § 123(2)(B)(ii)section 2323(b)(3)(C)(ii)(II) of this titlesection 2354(d)(1) of this titlesection 2323(b)(4)(C)(ii)(II) of this titleSubsec. (b)(2). , which directed substitution of “(that includes an analysis of the performance disparities or gaps identified under , and actions that will be taken to address such gaps) in consultation with local stakeholders described in , the eligible agency, and” for “(with special consideration to performance gaps identified under 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)section 2323(b)(4) of this title, inserted “for all CTE concentrators” after “”.

Pub. L. 115–224, § 123(2)(C)(i)Subsec. (b)(4)(A)(ii), (iii). , 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.”

Pub. L. 115–224, § 123(2)(C)(ii)Subsec. (b)(4)(B)(iii). , added cl. (iii).

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

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 .