Sec. 123. IMPROVEMENT PLANS
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## SEC. 123 IMPROVEMENT PLANS Section 123 (20 U.S.C. 2343) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (1)— ######
(i)by striking “percent of an agreed upon” and inserting “percent of the”; ######
(ii)by striking “State adjusted level of performance” and inserting “State determined level of performance” each place the term appears; ######
(iii)by striking “section 113(b)(3)” and inserting “113(b)(2) for all CTE concentrators”; ######
(iv)by striking “(with special consideration to performance gaps identified under section 113(c)(2))” and inserting “(that includes an analysis of the performance disparities or gaps identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such gaps)”; #####
(B)in paragraph (2)— ######
(i)by striking “State’s adjusted levels of performance” and inserting “State determined levels of performance”; and ######
(ii)by striking “purposes of this Act” and inserting “purposes of this section, including after implementation of the improvement plan described in paragraph (1),”; #####
(C)in paragraph (3)(A)— ######
(i)in clause (i), by inserting “or” after the semicolon; and ######
(ii)by striking clauses
(ii)and
(iii)and inserting the following: > > ### “(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.” > ; and #####
(D)by adding at the end the following: > > #### “(5) Adjustments prohibited > > An eligible agency shall not be eligible to adjust performance levels while executing an improvement plan under this section.” > ; and ####
(2)in subsection (b)— #####
(A)by striking “adjusted” each place the term appears; #####
(B)in paragraph (2)— ######
(i)by inserting “for all CTE concentrators” after “section 113(b)(4)”; and ######
(ii)by striking “(with special consideration to performance gaps identified under section 113(b)(4)(C)(ii)(II) in consultation with the eligible agency,” and inserting “(that includes an analysis of the performance disparities or gaps identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such gaps) in consultation with local stakeholders described in section 134(d)(1), the eligible agency, and”; #####
(C)in paragraph (4)— ######
(i)in subparagraph (A)— ######
(I)in clause (i), by inserting “or” after the semicolon; and ######
(II)by striking clauses
(ii)and
(iii)and inserting the following: > > ### “(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.” > ; and ######
(ii)in subparagraph (B)— ######
(I)in clause (i), by striking “or” after the semicolon; ######
(II)in clause (ii), by striking the period at the end and inserting “; or”; and ######
(III)by adding at the end the following: > > ### “(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.” > ; and #####
(D)by adding at the end the following: > > #### “(6) Adjustments prohibited > > An eligible recipient shall not be eligible to adjust performance levels while executing an improvement plan under this section.” > .
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Sec. 123
IMPROVEMENT PLANS
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