Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998

Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to: (1) rename it the Carl D. Perkins Vocational and Technical Education Act of 1998 (the Act); (2) revise it; and (3) extend the authorization of appropriations through FY 2003. (Sec. 1) Prohibits any funds made available under the Act from being used to provide funding under the School-to-Work Opportunities Act of 1994, or to carry out, through programs funded under the Act, activities that were funded under the School-to-Work Opportunities Act of 1994, unless the programs funded under the Act serve only those participants eligible under the Act. Revises title I of the Act (Vocational and Technical Education Assistance to the States). Revises the formula for within-State allocation State allotment funds. Requires allocation to the local level of at least 85 percent of a State's allotment grant for secondary, postsecondary, and adult vocational and technical education programs. Allows ten percent of such amount to be made available to award grants to rural areas, areas with high percentages of vocational and technical education students, areas with high numbers of vocational and technical education students, and communities negatively impacted by changes in the within-State formula. Authorizes the State agency to reserve an amount equal to ten percent of the total allotment for State leadership activities, including specified amounts for services for individuals in State institutions and for services that prepare individuals for nontraditional training and employment. Sets forth accountability requirements, including State performance measures and reports. Revises requirements for national activities. Directs the Secretary to: (1) collect information and report on program performance; (2) develop a single plan for, and carry out directly or indirectly, research, development, dissemination of information, and evaluation and assessment; (3) appoint an independent advisory panel on assessment implementation; (4) report on assessment to specified congressional committees; and (5) carry out a demonstration partnership project involving a four-year, accredited postsecondary institution. Authorizes appropriations for national activities. Provides for assistance to specified outlying agencies. Terminates such assistance to the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau after September 30, 2001. Revises requirements for grants for Native American Indians, Alaska Natives, and Native Hawaiians. Revises requirements for grants for vocational and technical education programs at tribally controlled postsecondary vocational institutions. Authorizes appropriations. Authorizes the Secretary of Education to designate an entity at the national level to carry out certain functions related to occupational and employment information for vocational and technical education programs. Authorizes the Secretary to award grants to designated State entities (such as State Occupational Information Coordinating Committees) to carry out State activities related to such information. Prohibits any duplication of activities authorized under the Wagner-Peyser Act. Authorizes appropriations. Sets forth requirements for State administration and State plans. Requires State and local program improvement plans if programs fail to meet State adjusted levels of performance. Sets forth mandatory and permissible State leadership activities. Revises the formula for distribution of funds to secondary school programs, basing it in part on the total population aged 15 to 19 and in part on the portion of such population living in poverty. Provides for a waiver to develop an alternative formula under certain conditions for a more equitable distribution. Maintains the minimum grant amount. Maintains the formula for distribution of funds to postsecondary and adult vocational-technical education programs. Provides for a waiver to develop an alternative formula under certain conditions for a more equitable distribution. Maintains the minimum grant amount. Sets forth: (1) special rules for minimal allocation and redistribution; and (2) requirements for local plans for vocational and technical educational programs. Sets forth mandatory and permissible local activities. Tech-Prep Education Act - Revises requirements for tech-prep programs of title II of the Act (Tech-Prep Education). Prescribes the formula for allotments to States for State competitive and formula grants to such programs. Revises requirements for the content of tech-prep education programs and for additional authorized activities. Requires the eligible State agency (currently a State board) to approve applications for grants by eligible consortia. Directs the Secretary to award demonstration grants to consortia to carry out tech-prep education programs that: (1) involve the location of a secondary school on the site of a community college; (2) involve a business as a member of the consortium; and (3) require the voluntary participation of secondary school students in the program. Allows such programs to provide summer internships at a business for students or teachers. Authorizes appropriations for demonstration grants. Authorizes appropriations for tech-prep programs. Revises the Act's title III General Provisions. Revises certain fiscal requirements relating to maintenance of effort, excluding from the computation of fiscal effort or aggregate expenditures for such purposes any capital expenditures, special one-time project costs, and the cost of pilot programs. Requires funds under the Act to supplement but not supplant funds from non-Federal sources. Provides for program participation by private, religious, and home schools. Prohibits the use of funds to require any: (1) secondary student to choose a specific career path or major; or (2) individual to meet or obtain federally-funded or endorsed industry recognized skills, certificates, or standards or to obtain a federally-funded or endorsed certificate of mastery. Prohibits the use of funds to provide vocational and technical education programs to students before the seventh grade, but not their use of equipment and facilities bought with such funds. Authorizes the Secretary of Education to receive and use funds from Federal collection of cell tower fees to expand the use of technology in vocational and technical education. Allows a State or local educational agency to permit private school personnel to participate in preservice vocational and technical education professional development programs. Revises provisions relating to State administrative costs. Authorizes the Secretary to issue regulations under the Act only to the extent necessary to administer and ensure compliance with specific requirements under the Act. Eliminates certain provisions relating to: (1) regional meetings and negotiated rulemaking; (2) Federal monitoring; (3) consultation on and review of regulations; and (4) General Accounting Office investigations relating to reports, plans, and regulations under the Act. Revises provisions for student assistance and other Federal programs. Allows the use of funds under the Act to pay for the costs of vocational and technical education services required in an individualized education plan developed pursuant to the Individuals with Disabilities Education Act and services necessary to meet specified requirements of the Rehabilitation Act of 1973 with respect to ensuring equal access to vocational and technical education. (Sec. 2) Amends the Elementary and Secondary Education Act of 1965 to make permanent the program of discretionary grants to promote scholar-athlete games. (Sec. 4) Amends the Adult Education and Family Literacy Act, which is title II of the Workforce Investment Act of 1998 (Public Law 105-220), to provide that specified transition provisions shall apply until July 1, 2000. (Sec. 5) Amends the Workforce Investment Act of 1998, the Wagner-Peyser Act, and the Rehabilitation Act of 1973 to make certain technical amendments. (Sec. 6) Repeals provisions of the Higher Education Amendments of 1986 for education administration, including certain Department of Education studies and evaluations. Repeals provisions of the Higher Education Amendments of 1992 for: (1) the Tribal Development Student Assistance Revolving Loan Program, American Indian Postsecondary Economic Development Scholarship, and American Indian Teacher Training; (2) certain Department of Education studies and the National Commissions on Independent Higher Education and on the Cost of Higher Education; and (3) the National Center for the Workplace, National Clearinghouse for Postsecondary Education Materials, School-Based Decisionmakers training and technical assistance demonstration program, and Grants for Campus Sexual Offenses Education.

TABLE OF CONTENTS: Title I: Vocational Education Title II: Tech-Prep Education Title III: General Provisions Title IV: Authorization of Appropriations Title V: Repeal Carl D. Perkins Vocational and Applied Technology Education Act of 1998 - Replaces the current Carl D. Perkins Vocational and Applied Technology Education Act (Perkins Act). (Sec. 3) Prohibits the use of funds under this Act to: (1) require any secondary school student to choose or pursue a specific career path or major; or (2) mandate that any individual participate in a vocational education program, including a vocational education program that requires the attainment of a federally funded skill level or standard. (Sec. 4) Declares that nothing in this Act shall be construed to authorize any Federal control over any aspect of a private, religious, or home school, regardless of whether a home school is treated as a private school or home school under State law. Allows students attending such schools to participate in programs or services under this Act. Title I: Vocational Education - Subtitle A: Federal Provisions - Directs the Secretary of Education to reserve certain amounts of vocational education funds for: (1) assistance for the outlying areas (U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau); (2) Indian and Hawaiian Native programs; (3) grants to tribally controlled postsecondary vocational institutions; (4) incentive grants to States; (5) national activities; (6) national assessment of vocational education programs; and (7) national research centers. Sets forth State allotment formulas for the remainder of vocational education funds. (Sec. 102) Directs the Secretary to establish and publish performance measures to assess the progress of each eligible agency in achieving certain goals for students with respect to academic, job readiness, and vocational skills, postsecondary degrees or certificates, secondary and postsecondary education, employment, military service, and nontraditional vocational education programs. Requires each eligible agency, in developing a State plan, to negotiate with the Secretary the expected levels of performance for such measures. (Sec. 103) Sets forth requirements for use of reserved funds for assistance for the outlying areas, Indian and Hawaiian Native programs, grants to tribally controlled postsecondary vocational institutions, and incentive grants to States. Subtitle B: State Provisions - Makes each eligible agency responsible for State administration of programs under this Act. (Sec. 112) Requires State reservation of certain portions of vocational education funds for: (1) State leadership activities; (2) technical assistance for gender equity; (3) State planning, review of local applications, program evaluation, and compliance; and (4) criminal offenders programs. Requires distribution of the remainder to local secondary school and postsecondary vocational education programs, at the eligible agency's discretion. Requires the eligible agency to match Federal funds dollar-for-dollar. (Sec. 113) Sets forth mandatory and permissible State leadership activities. (Sec. 114) Sets forth requirements for State plan development, contents, approval, and reports. Subtitle C: Local Provisions - Sets forth formulas for State distribution of funds for: (1) secondary school vocational education; and (2) postsecondary vocational education. Allows alternative allocation formulas for postsecondary programs if the eligible agency demonstrates that certain conditions are met. (Sec. 123) Sets forth mandatory and permissible local activities. (Sec. 124) Sets forth minimum requirements for local applications. (Sec. 125) Allows a local educational agency and an eligible institution to form a consortium to carry out programs under this subtitle if the consortium receives a specified minimum combined amount for secondary and postsecondary programs for a fiscal year. Title II: Tech-Prep Education - Tech-Prep Education Act - Revises requirements for tech-prep programs (which are currently under the Perkins Act replaced by this Act). (Sec. 204) Retains the mandate for the Secretary's discretionary grants to specified local consortia for such programs when program funding is below a specified minimum. Prescribes the formula for allotments to States for State competitive and formula grants to such programs. (Sec. 205) Revises requirements for the content of tech-prep education programs and for additional authorized activities. (Sec. 206) Requires the eligible State agency (currently a State board) to approve applications for State grants by eligible entities. (Sec. 207) Authorizes appropriations. (Sec. 208) Directs the Secretary to award demonstration grants to consortia to carry out tech-prep education programs that: (1) involve the location of a secondary school on the site of a community college; (2) involve a business as a member of the consortium; and (3) require the voluntary participation of secondary school students in the program. Allows such programs to provide summer internships at a business for students or teachers. Authorizes appropriations. Title III: General Provisions - Provides for program and funds administration, evaluation, improvement, and accountability for programs under this Act. (Sec. 303) Authorizes the Secretary to carry out research, development, dissemination, evaluation, capacity-building, and technical assistance activities under this Act. (Sec. 304) Directs the Secretary to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; (2) appoint an independent advisory panel on the implementation of such assessment; and (3) report to the Congress. (Sec. 305) Authorizes the Secretary to establish one or more national centers in the areas of: (1) applied research and development; and (2) dissemination and training. (Revises and replaces requirements for such centers which are in the current Perkins Act.) (Sec. 306) Directs the Secretary to: (1) maintain a data system to collect information about, and report on, the condition of vocational education and on the effectiveness of State and local programs, services, and activities carried out under this Act; and (2) report annually to Congress an analysis of performance data collected each year. (Sec. 307) Amends the Elementary and Secondary Education Act of 1965 to make permanent the program of discretionary grants to promote scholar-athlete games. (Sec. 308) Defines gender equity for purposes of this Act. Title IV: Authorization of Appropriations - Authorizes appropriations. Title V: Repeal - Repeals the Perkins Act.

TABLE OF CONTENTS: Title I: Vocation-Technical Education Assistance to the States Title II: Basic State Grants for Vocational-Technical Education Title III: Research and Development Title IV: General Provisions Carl D. Perkins Vocational-Technical Education Act Amendments of 1997 - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to: (1) rename it the Carl D. Perkins Vocational-Technical Education Act (the Act); (2) revise it; and (3) extend the authorization of appropriations through FY 2002. Prohibits the use for national research and development programs of funds made available under the Act for vocation-technical education assistance to the States and basic state grants for vocational-technical education. Title I: Vocation-Technical Education Assistance to the States - Revises formulas for: (1) allotment of funds to States under the basic State grant program, including reservation of specified amounts by the Secretary of Education for Indian and Native Hawaiian programs and for the territories; and (2) allocation of such funds within a State. Requires allocation to the local level of at least 90 percent of a State's allotment, with not more than eight percent for State activities and not more than two percent for State administrative costs. Allows a State to reserve from its allotment (from amounts allocated to local areas) up to: (1) five percent for grants to rural areas; and (2) five percent for grants to urban areas. (Sec. 103) Revises provisions for grants for Native Americans and Native Hawaiians. (Sec. 104) Revises requirements for grants for vocational-technical education programs at tribally controlled postsecondary vocational institutions. Authorizes appropriations. (Sec. 112) Repeals the requirement for State councils on vocational education. (Sec. 113) Replaces current requirements for State plans with requirements for submission of State applications for a five-year period. (Sec. 115) Requires States to develop (or use existing) benchmarks to measure the progress of individuals in vocational-technical education programs. Requires States and local eligible recipients that fail to meet such benchmarks to submit a program improvement plan for the succeeding program year. Authorizes the Secretary to impose sanctions on States which fail to meet such benchmarks. Requires any eligible recipient failing to meet its State benchmarks to develop a program improvement plan for the succeeding program year. Requires State reports to the Secretary on their benchmark performance, with such information to be made available to the general public by States and the Secretary. (Sec. 116) Repeals specified provisions relating to: (1) State and local standards and measures; (2) State assessment; (3) program evaluation and improvement; and (4) criteria for services and activities for individuals who are members of special populations. Title II: Basic State Grants for Vocational-Technical Education - Revises required and permissible uses of funds for State programs and State leadership activities. (Sec. 202) Eliminates the current State-administered programs to: (1) provide single parents, displaced homemakers, and single pregnant women with marketable skills; (2) promote the elimination of sex bias; and (2) provide vocational education to criminal offenders. Revises requirements for secondary, postsecondary, and adult vocational-technical education programs. Revises the formula for distribution of funds to secondary school programs during FY 1999 and 2000, basing it in part on the total population aged 15 to 19 and in part on the portion of such population living in poverty. Increases the allocations for FY 1997. Specifies separate allocations for FY 2001 and 2002. Provides for a waiver to develop an alternative formula under certain conditions for a more equitable distribution. Reduces the minimum grant amount for a local educational agency from $15,000 to $10,000. Extends the current mandatory waiver of the minimum grant requirement for rural and certain other schools to charter schools as well. Provides for distribution of funds to area vocational-technical schools and consortia. Directs the Secretary to collect data on how States are distributing funds to local educational agencies. Revises the formula for distribution of funds to postsecondary and adult vocational-technical education programs. Reduces the minimum grant amount for a local educational agency from $50,000 to $35,000. Requires grant recipients to use their funds, in part, to: (1) develop, improve, or expand the use of technology in vocational-technical instruction, including instructor training in state-of-the-art technology, which may include distance learning; and (2) provide professional development programs. (Sec. 203) Repeals current title II part C provisions for secondary, postsecondary, and adult vocational education programs (incorporating some of them among the revised requirements of this title). Title III: Research and Development - Replaces current research and development program requirements with a mandate for development of a single plan for evaluation and assessment, research, demonstrations, and dissemination of information with respect to vocational-technical education programs funded under the Act. Directs the Secretary to carry out a specified demonstration partnership project involving a four-year, accredited postsecondary institution. Extends through FY 2002 the authorization of appropriations for such activities. (Sec. 302) Revises requirements for State grants for four-year tech-prep education programs, eliminating discretionary Federal grants for such programs. Requires consortia, in order to receive such grants, to submit five-year (currently three-year) plans with their applications to State boards. Requires States that receive tech-prep funds to report to the Secretary on the effectiveness of their tech-prep programs. Requires allotment of such program funds to States in the same manner as under the basic State grant program. Authorizes the use of specified funds for such programs through FY 2002. Specifies a minimum State grant amount of $250,000 per fiscal year. (Sec. 303) Transfers to a new title III, part B Vocational-Technical Education Information, current title IV part C provisions for data systems, the National Center for Education Statistics, assessment of international competitiveness, the Vocational Education Advisory Task Force, National Assessment of Educational Progress activities, the National Occupational Information Coordinating Committee, and the information base for vocational education data system. Authorizes appropriations for FY 1998 through 2002 for such activities. (Sec. 304) Repeals title III Special Programs provisions for: (1) comprehensive career guidance and counseling programs; (2) business-labor education partnership for training; (3) supplementary State grants for facilities and equipment and other program improvement activities; and (5) community education employment centers and vocational education lighthouse schools. Repeals title IV national programs provisions for: (1) demonstration programs; and (2) bilingual vocational training. Title IV: General Provisions - Revises certain fiscal requirements relating to maintenance of effort, excluding from the computation of fiscal effort or aggregate expenditures for such purposes any capital expenditures, special one-time project costs, and the cost of pilot programs. Requires funds under the Act to supplement but not supplant funds from non-Federal sources. (Sec. 401) Provides for program participation by private, religious, and home schools. Prohibits the use of funds to require any individual to: (1) choose a specific career path or course of study; (2) meet or obtain federally-funded or endorsed industry recognized skills, certificates, or standards; or (3) obtain a federally-funded or endorsed certificate of mastery. Prohibits the use of funds to provide vocational-technical education programs to students before the seventh grade, but not their use of equipment and facilities bought with such funds. Authorizes the Secretary of Education to receive and use funds from Federal collection of cell tower fees to expand the use of technology in vocational-technical education. Allows a State or local educational agency to permit private school personnel to participate in preservice vocational-technical education professional development programs. Revises provisions relating to State administrative costs. Directs the Secretary to issue regulations under the Act only to the extent necessary to administer and ensure compliance with specific requirements under the Act. Eliminates certain provisions relating to: (1) regional meetings and negotiated rulemaking; (2) Federal monitoring; (3) consultation on and review of regulations; and (4) General Accounting Office investigations relating to reports, plans, and regulations under the Act. Allows the use of basic State funds to pay for the costs of vocational-technical education services required in an individualized education plan developed pursuant to the Individuals with Disabilities Education Act and services necessary to meet specified requirements of the Rehabilitation Act of 1973 with respect to ensuring equal access to vocational-technical education. (Sec. 402) Repeals the Smith-Hughes Vocational Education Act.

TABLE OF CONTENTS: Title I: Vocational-Technical Education Assistance to the States Title II: Basic State Grants for Vocational-Technical Education Title III: Research and Development Title IV: General Provisions Carl D. Perkins Vocational-Technical Education Act Amendments of 1997 - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to: (1) rename it the Carl D. Perkins Vocational- Technical Education Act (the Act); (2) revise it; and (3) extend the authorization of appropriations through FY 2002. Title I: Vocational-Technical Education Assistance to the States - Revises formulae for: (1) allotment of funds to States under the basic State grant program, including reservation of specified amounts by the Secretary of Education for Indian and Native Hawaiian programs and for the territories; and (2) allocation of such funds within a State. Requires allocation to the local level of at least 90 percent of a State's allotment, with not more than eight percent for State activities and not more than two percent for State administrative costs. Allows a State to reserve from its allotment (from amounts allocated to local areas) up to ten percent for grants to rural areas. (Sec. 103) Revises provisions for grants for Native Americans and Native Hawaiians. (Sec. 104) Revises requirements for grants for vocational-technical education programs at tribally controlled postsecondary vocational institutions. Authorizes appropriations. Part B (sic): State Organization and Planning Responsibilities - Revises State administrative requirements. (Sec. 112) Repeals the requirement for State councils on vocational education. (Sec. 113) Replaces current requirements for State plans with State application requirements, including general procedures for development of a five-year State plan. (Sec. 114) Revises requirements for State plan submission to emphasize submission of State applications including such plans. (Sec. 115) Requires States to develop benchmarks to measure the progress of individuals in vocational-technical education programs. Requires States and local eligible recipients that fail to meet such benchmarks to submit a program improvement plan for the succeeding program year. Authorizes the Secretary to impose sanctions on States which fail to meet such benchmarks. Requires State reports to the Secretary on their benchmark performance, with such information to be available to the general public. (Sec. 116) Repeals specified provisions relating to: (1) State and local standards and measures; (2) State assessment; (3) program evaluation and improvement; and (4) criteria for services and activities for individuals who are members of special populations. Title II: Basic State Grants for Vocational-Technical Education - Revises required and permissible uses of funds for State programs and State leadership activities. (Sec. 202) Eliminates the current State-administered programs to: (1) provide single parents, displaced homemakers, and single pregnant women with marketable skills; (2) promote the elimination of sex bias; and (2) provide vocational education to criminal offenders. Revises requirements for secondary, postsecondary and adult vocational-technical education programs. Revises the formula for distribution of funds to secondary school programs, basing it in part on the total population aged 15 to 19 and in part on the portion of such population living in poverty. Provides a waiver to develop an alternative formula under certain conditions for a more equitable distribution. Reduces the minimum grant amount for a local educational agency from $15,000 to $7,500. Extends the current mandatory waiver of the minimum grant requirement for rural and certain other schools to charter schools as well. Provides for distribution of funds to area vocational-technical schools and consortia. Directs the Secretary to collect data on how States are distributing funds to local educational agencies. Revises the formula for distribution of funds to postsecondary and adult vocational-technical education programs. Reduces the minimum grant amount for a local educational agency from $50,000 to $20,000. Requires grant recipients to use their funds, in part, to: (1) improve or expand the use of technology in vocational-technical instruction, including instructor training in state-of-the-art technology, which may include distance learning; and (2) provide professional development programs. (Sec. 203) Repeals current title II part C provisions for secondary, postsecondary, and adult vocational education programs (incorporating some of them among the revised requirements of this title). Title III: Research and Development - Replaces current research and development program requirements with a mandate for development of a single plan for evaluation and assessment, research, demonstrations, and dissemination of information with respect to vocational-technical education programs funded under the Act. Directs the Secretary to carry out a specified demonstration partnership project involving Napa Valley Community Resource Center, local public educational organizations, volunteer groups, and private sector business participants. Extends through FY 2002 the authorization of appropriations for such activities. (Sec. 301) Eliminates current title III provisions for tech-prep education, comprehensive career guidance and counseling programs, and other special programs. (Sec. 302) Repeals title IV national programs provisions for: (1) demonstration programs; (2) National Council on Vocational Education; and (3) bilingual vocational training. (Sec. 303) Transfers to the new title III current title IV part C provisions for data systems, the National Center for Education Statistics, assessment of international competitiveness, the Vocational Education Advisory Task Force, National Assessment of Educational Progress activities, the National Occupational Information Coordinating Committee, and the information base for vocational education data system. Authorizes appropriations for FY 1998 through 2002 for such activities. Title IV: General Provisions - Revises certain fiscal requirements relating to maintenance of effort, excluding from the computation of fiscal effort or aggregate expenditures for such purposes any capital expenditures, special one-time project costs, similar windfalls, and the cost of pilot programs. Requires funds under the Act to supplement but not supplant funds from non-Federal sources. (Sec. 401) Provides for program participation by private, religious, and home schools. Prohibits the use of funds to require any individual: (1) to choose a specific career path or course of study; or (2) to meet or obtain federally-funded or endorsed industry recognized skills, certificates, or standards. Authorizes the Secretary of Education to receive and use funds from Federal collection of cell tower fees to expand the use of technology in vocational-technical education. Directs the Secretary to issue regulations under the Act only to the extent necessary to administer and ensure compliance with specific requirements under the Act. Revises provisions relating to State administrative costs. Repeals the Smith-Hughes Vocational Education Act. Eliminates certain provisions relating to: (1) regional meetings and negotiated rulemaking; (2) Federal monitoring; (3) consultation on and review of regulations; (4) General Accounting Office investigations relating to reports, plans, and regulations under the Act; and (5) student assistance and other Federal programs.