Sec. 121. State plan
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Section 122 ( 20 U.S.C. 2342 ) is amended— in subsection (a)— in paragraph (1)— by striking 6-year period and inserting 4-year period ; and by striking Carl D. Perkins Career and Technical Education Improvement Act of 2006 and inserting ; Strengthening Career and Technical Education for the 21st Century Act in paragraph (2)(B), by striking 6-year period and inserting 4-year period ; and in paragraph (3), by striking (including charter school and all that follows through and community organizations) and inserting (including teachers, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies, and charter school leaders, consistent with State law, employers, labor organizations, parents, students, and community organizations) ; and by amending subsections (b), (c), (d), and
(e)to read as follows: The eligible agency may submit a combined plan that meets the requirements of this section and the requirements of section 103 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3113 ), unless the eligible agency opts to submit a single plan under paragraph
(2)and informs the Secretary of such decision. If the eligible agency elects not to submit a combined plan as described in paragraph (1), such eligible agency shall submit a single State plan. The eligible agency shall— develop the State plan in consultation with— representatives of secondary and postsecondary career and technical education programs, including eligible recipients and representatives of 2-year Minority-Serving Institutions and Historically Black Colleges and Universities in States where such institutions are in existence, and charter school representatives in States where such schools are in existence, which shall include teachers, school leaders, specialized instructional support personnel (including guidance counselors), and paraprofessionals; interested community representatives, including parents and students; the State workforce development board described in section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); representatives of special populations; representatives of business and industry (including representatives of small business), which shall include representatives of industry and sector partnerships in the State, as appropriate, and representatives of labor organizations in the State; representatives of agencies serving out-of-school youth, homeless children and youth, and at-risk youth; and representatives of Indian tribes located in the State; and consult the Governor of the State, and the heads of other State agencies with authority for career and technical education programs that are not the eligible agency, with respect to the development of the State plan. The eligible agency shall develop effective activities and procedures, including access to information needed to use such procedures, to allow the individuals and entities described in paragraph
(1)to participate in State and local decisions that relate to development of the State plan. The State plan shall include— a summary of State-supported workforce development activities (including education and training) in the State, including the degree to which the State’s career and technical education programs and programs of study are aligned with such activities; the State’s strategic vision and set of goals for preparing an educated and skilled workforce (including special populations) and for meeting the skilled workforce needs of employers, including in-demand industry sectors and occupations as identified by the State, and how the State’s career and technical education programs will help to meet these goals; a summary of the strategic planning elements of the unified State plan required under section 102(b)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112(b)(1) ), including the elements related to system alignment under section 102(b)(2)(B) of such Act ( 29 U.S.C. 3112(b)(2)(B) ); a description of the career and technical education programs or programs of study that will be supported, developed, or improved, including descriptions of— the programs of study to be developed at the State level and made available for adoption by eligible recipients; the process and criteria to be used for approving locally developed programs of study or career pathways, including how such programs address State workforce development and education needs; and how the eligible agency will— make information on approved programs of study and career pathways, including career exploration, work-based learning opportunities, guidance and advisement resources, available to students and parents; ensure nonduplication of eligible recipients’ development of programs of study and career pathways; determine alignment of eligible recipients’ programs of study to the State, regional or local economy, including in-demand fields and occupations identified by the State workforce development board as appropriate; provide equal access to activities assisted under this Act for special populations; coordinate with the State workforce board to support the local development of career pathways and articulate processes by which career pathways will be developed by local workforce development boards; use State, regional, or local labor market data to align career and technical education with State labor market needs; support effective and meaningful collaboration between secondary schools, postsecondary institutions, and employers; and improve outcomes for CTE concentrators, including those who are members of special populations; a description of the criteria and process for how the eligible agency will approve eligible recipients for funds under this Act, including how— each eligible recipient will promote academic achievement; each eligible recipient will promote skill attainment, including skill attainment that leads to a recognized postsecondary credential; and each eligible recipient will ensure the local needs assessment under section 134 takes into consideration local economic and education needs, including where appropriate, in-demand industry sectors and occupations; a description of how the eligible agency will support the recruitment and preparation of teachers, including special education teachers, faculty, administrators, specialized instructional support personnel, and paraprofessionals to provide career and technical education instruction, leadership, and support; a description of how the eligible agency will use State leadership funding to meet the requirements of section 124(b); a description of how funds received by the eligible agency through the allotment made under section 111 will be distributed— among career and technical education at the secondary level, or career and technical education at the postsecondary and adult level, or both, including how such distribution will most effectively provide students with the skills needed to succeed in the workplace; and among any consortia that may be formed among secondary schools and eligible institutions, and how funds will be distributed among the members of the consortia, including the rationale for such distribution and how it will most effectively provide students with the skills needed to succeed in the workplace; a description of the procedure the eligible agency will adopt for determining State adjusted levels of performance described in section 113, which at a minimum shall include— consultation with stakeholders identified in paragraph (1); opportunities for the public to comment in person and in writing on the State adjusted levels of performance included in the State plan; and submission of public comment on State adjusted levels of performance as part of the State plan; and assurances that— the eligible agency will comply with the requirements of this Act and the provisions of the State plan, including the provision of a financial audit of funds received under this Act, which may be included as part of an audit of other Federal or State programs; none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the acquiring entity or the employees of the acquiring entity, or any affiliate of such an organization; the eligible agency will use the funds to promote preparation for high-skill, high-wage, or in-demand occupations and nontraditional fields, as identified by the State; the eligible agency will use the funds provided under this Act to implement career and technical education programs and programs of study for individuals in State correctional institutions, including juvenile justice facilities; and the eligible agency will provide local educational agencies, area career and technical education schools, and eligible institutions in the State with technical assistance, including technical assistance on how to close gaps in student participation and performance in career and technical education programs. The eligible agency shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult career and technical education, postsecondary career and technical education, and secondary career and technical education after consultation with the— State agency responsible for supervision of community colleges, technical institutes, or other 2-year postsecondary institutions primarily engaged in providing postsecondary career and technical education; the State agency responsible for secondary education; and the State agency responsible for adult education. If a State agency other than the eligible agency finds that a portion of the final State plan is objectionable, that objection shall be filed together with the State plan. The eligible agency shall respond to any objections of such State agency in the State plan submitted to the Secretary. The Secretary shall approve a State plan not later than 120 days after its submission to the Secretary unless the Secretary— determines that the State plan does not meet the requirements of this Act, including the requirements described in section 113; and meets the requirements of paragraph
(2)with respect to such plan. The Secretary shall— have the authority to disapprove a State plan only if the Secretary— determines how the State plan fails to meet the requirements of this Act; and provides to the eligible agency, in writing, notice of such determination and the supporting information and rationale to substantiate such determination; and not finally disapprove a State plan, except after making the determination and providing the information described in subparagraph (A), and giving the eligible agency notice and an opportunity for a hearing. .
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