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PROPOSED 1995 PERKINS ACT SECTIONS

  This section illustrates how the recommendations above could be translated into specific legislation. We present the reforms in the context of Perkins II because that was the relevant federal law at the time of this study. Similar wording would be appropriate for achieving similar goals in the context of a consolidated approach to workforce training. The changes are highlighted in italics in the following text. We did not attempt to rewrite the entire act, just to revise those sections that relate to program improvement and accountability.

SEC. 115. IMPROVING VOCATIONAL EDUCATION AT THE STATE AND LOCAL LEVEL

  1. GENERAL AUTHORITY- Each State Board receiving funds under this Act shall develop and implement a system for improving vocational education at the State and local level that includes:

    1. reappointing a State Committee of Practitioners (Section 115);
    2. conducting a State needs assessment in the first year under reauthorization and every two years thereafter (Section 116);
    3. implementing a set of core performance measures and standards (Section 117);
    4. conducting annual evaluations of program effectiveness (Section 118); and
    5. providing technical assistance to local recipients on using performance data to improve vocational courses and programs (Section 119).

      This system shall build on the system initiated under the 1990 Perkins Act, and apply to all programs (as defined in Subsection (c)) receiving funds under Title II, and as appropriate, to programs funded under Title III of this Act.

  2. REQUIREMENT- Each State Board, before the expiration of the 30-day period beginning on the date of the enactment of the 1995 Perkins Act, shall reappoint a State Committee of Practitioners (referred to as the "Committee") to develop the elements of a program improvement system contained under the above general authority. Committee members will be appointed in consultation with local school officials representing eligible recipients, and representatives of organized labor, business, superintendents, community-based organizations, private industry councils established under Section 102(a) of the Job Training Partnership Act, State councils, parents, special populations, correctional institutions, the administrator appointed under Section 111(b)(1), the State administrator of programs assisted under Part B of the Education of the Handicapped Act, the State administrator of programs assisted under Chapter 1 of Title I of the Elementary and Secondary Education Act, the State administrator of programs for students of limited English proficiency, and guidance counselors, and additionally- the State administrator of programs developed under Title II, Subtitle A of the School-to-Work Opportunities Act of 1994, and the State administrator of programs assisted under Title III of the Goals 2000: Educate America Act.

  3. DEFINITIONS- The State Board shall adopt the following definitions in its State plan:

    1. Outcome- a measurable characteristic of student or program performance;
    2. Measure- a method for quantifying performance in an outcome area;
    3. Standard- the desired level of attainment on a measure, or the rate of progress on a measure;
    4. Program- a sequence of courses or instruction in a sequence or aggregation of occupational competencies that includes occupationally specific skills, general employability skills, work attitudes, applied academic learning, higher- order reasoning, and problem-solving skills;
    5. Special populations- includes individuals with disabilities, educationally and economically disadvantaged individuals (including foster children), individuals of limited English proficiency, individuals in programs nontraditional for their sex, and individuals in correctional institutions.

      The State Board shall also define the term "substantial progress" in its State plan so that the term is measurable and applies consistently to all recipients of Perkins funds in the state.

SEC. 116. STATE NEEDS ASSESSMENT

  1. IN GENERAL- Each State Board receiving assistance under this Act shall conduct an assessment using measurable objective criteria developed by the State Board to assess program quality. Such criteria shall be developed in consultation with representatives of the Committee described in Section 115(b) and shall use information gathered by the National Occupational Information Coordinating Committee and, as appropriate, other information. Each State Board shall widely disseminate such criteria. State Boards shall develop such criteria no later than the beginning of the 1996-1997 school year. Such criteria shall include-

    1. Information on outcomes-
      1. student gains in and/or attainment of academic, occupational, and/or generic work skills;
      2. student retention in and/or completion of secondary or postsecondary education and/or vocational programs;
      3. student placement into additional training or education, military service, and employment;
      4. other outcome areas identified by the State under Section 115 of the 1990 Perkins Act;

    2. Information on instructional practices and experiences-
      1. integration of academic and vocational education;
      2. the ability of the eligible recipients to meet the needs of special populations with respect to vocational education, including providing incentives for participation, retention, and completion;
      3. assessing the quality of vocational education programs in schools with high concentrations of poor or low-achieving students;
      4. enrollment, retention, and completion rates of students in vocational programs nontraditional for their sex;
      5. sequential courses of study leading to both academic and occupational competencies;
      6. linkages between secondary and postsecondary educational institutions;
      7. instruction and experience, to the extent practicable, in all aspects of the industry the students are preparing to enter;
      8. the relevance of programs to the workplace and to the occupations for which students are to be trained, and the extent to which such programs reflect a realistic assessment of current and future labor market needs, including needs in areas of emerging technologies;
      9. the ability of the vocational curriculum, equipment, and instructional materials to meet the demands of the workplace;
      10. basic and higher order current and future workplace competencies that will reflect the hiring needs of employers;
      11. other factors considered appropriate by the State Board; and

    3. Procedures for using existing resources and methods developed in other programs receiving Federal assistance.

  2. DEADLINE FOR ASSESSMENT- Each State Board shall complete the assessment required by Subsection (a) before the expiration of the 6-month period beginning on the date of the enactment of the 1995 Perkins Act, and every two years thereafter.

SEC. 117. STATE AND LOCAL MEASURES AND STANDARDS

  1. GENERAL AUTHORITY- Each State Board receiving funds under this Act shall revise and implement a set of core standards and measures of performance for secondary and postsecondary vocational education programs. To advise the State Board, the Committee shall-

    1. evaluate the reliability, validity, and lack of bias of the measures and standards developed under Section 115 of the 1990 Perkins Act;
    2. assess the extent to which data generated under Section 115 of the 1990 Perkins Act were used effectively by recipients to improve programs and identify barriers to effective use;
    3. recommend revisions to existing measures and standards; and
    4. develop new measures and standards as required under Subsection (b). Revisions to the core measures and standards will be recommended by the Committee and approved by each State Board no later than one year after the enactment of the 1995 Perkins Act. This core shall apply to all programs (as defined in Section 115(c)(4)) receiving funds under Title II of this Act. Additionally, the State Board may require that the core apply to any programs funded under Title III such as consumer and homemaking education and tech-prep. Eligible recipients may make local modifications to such core based on economic, geographic, or demographic factors, or the characteristics of the population to be served. Such modifications shall conform to the assessment criteria contained in the State plan. The State Board shall convene the Committee on a regular basis to review, comment on, and propose revisions to the State's core standards and measures of performance for vocational programs.

  2. REQUIREMENTS- Each system developed under Subsection (a) shall include at least five measures and standards-

    1. a measure of student learning gains in the achievement of academic skills;
    2. 1 or more of the following measures of work-related skills-

      1. occupational competency attainment in the industry a student is preparing to enter;
      2. attainment of work readiness or generic work skills;
      3. attainment of understanding of all aspects of the industry a student is preparing to enter;

    3. 1 or both of the following measures of retention or completion-

      1. retention in or completion of secondary or postsecondary education;
      2. retention in or completion of secondary or postsecondary occupational programs or other programs funded under Title III, as appropriate;

    4. a measure of placement into additional training or education (including placement into the postsecondary component of tech-prep or other School-to-Work transition program), military service, or employment; and
    5. a measure of access and equity such as rates of enrollment in, retention in, and/or completion of occupational or other programs for special populations in comparison to non-special populations, including male and female students in programs nontraditional for their sex.

  3. CONSISTENCY AND COORDINATION WITH OTHER PROGRAMS- In developing the standards and measures included in a system developed under Subsection (a), the State Board shall-

    1. consider standards and measures developed under job opportunities and basic skills training programs established and operated under a plan approved by the Secretary of Health and Human Services that meets the requirements of Section 402(a)(19) of the Social Security Act;
    2. consider standards prescribed by the Secretary of Labor under Section 106 of the Job Training Partnership Act;
    3. coordinate with State efforts to implement performance measures developed under Title IV, Section 402 of the School-to-Work Opportunities Act;
    4. build on the content and student performance standards and related assessments developed under Title II, Part B of the Goals 2000: Educate America Act in assessing student learning gains in the achievement of academic skills at the secondary level; and
    5. build on the industry skill standards and related assessments and certifications developed under Title V of the Goals 2000: Educate America Act (the National Skill Standards Act) in assessing student attainment of occupational competencies at the secondary level, and at the postsecondary level as appropriate.

  4. INFORMATION PROVIDED BY STATE BOARD-

    1. The Committee shall make recommendations to the State Board with respect to modifying standards and measures to be used under this section, based on the information provided under paragraph (2) and on the state needs assessment described under Section 118.
    2. In order to improve the system of measures and standards as directed under Subsection (a), the State Board shall provide to the Committee information concerning differing types of standards and measures, including-

      1. the advantages and disadvantages of each type of standard or measure;
      2. instances in which such standards and measures have been effective;
      3. instances in which such standards and measures have not been effective;
      4. information about standards, measures, and assessment instruments already in use statewide that may be incorporated into the core set of performance measures and standards; and
      5. information provided through federal technical assistance as described under Section 119, as appropriate.

    3. In the event that the State Board does not accept the Committee's recommendations made as required by paragraph (1), the State Board shall set forth in the State plan its reasons for not accepting such recommendations.

  5. SUBMISSIONS- Each State Board will submit to the Department of Education as part of its State plan: (1) the measures and standards to be used, and (2) an implementation plan including plans for providing technical assistance to local recipients of Perkins funds, as required under Section 119.

SEC. 118. PROGRAM EVALUATION AND IMPROVEMENT

  1. ANNUAL EVALUATION- Each recipient of financial assistance under Part C of Title II shall annually evaluate the effectiveness of the programs conducted with assistance under this Act, including programs funded under Title III as determined by the State Board in Section 117(a). This evaluation shall be accomplished in consultation with teachers, parents, representatives of individuals who are members of special populations, and industry representatives. As part of such evaluation, each such recipient shall-

    1. ANNUAL EVALUATION- Each recipient of financial assistance under Part evaluate the effectiveness of programs with respect to performance on each measure and standard developed under Section 117;
    2. evaluate the performance of special populations in comparison to non-special populations on each such measure and standard;
    3. evaluate the contribution of the instructional practices and experiences identified under SectionĘ116(a)(2) to performance on the measures and standards;
    4. evaluate the contribution of any projects, services, and activities conducted with assistance under this Act to performance on the measures and standards; and
    5. identify and adopt strategies to improve performance on the measures and standards.

  2. LOCAL PROGRAM IMPROVEMENT PLAN- Beginning not less than 1 year after the implementation of the provisions of Section 117, all recipients of funds under Part C of Title II will develop a local program improvement plan that summarizes the self-evaluation conducted under Subsection (a). A recipient that does not meet the standards under Section 117 must describe in its local program improvement plan specific strategies for making substantial progress (as defined by the State Board under Section 115(c)) toward those standards in the coming year. Such local program improvement plans shall be updated annually.

  3. STATE AND LOCAL JOINT PLAN- If, 1 year after implementation of the plan described in Subsection (b), and each year thereafter, substantial progress in meeting the standards and measures developed under Section 117 has not been made, the State shall work jointly with the recipient, and teachers, parents, and students concerned, to develop a plan for program improvement. Each such plan shall contain-

    1. a description of the technical assistance and program activities the State will provide to enhance the performance of the recipient;
    2. a reasonable timetable to improve recipient performance under the plan;
    3. a description of vocational education strategies the recipient will adopt to improve performance on the measures; and
    4. if necessary, a description of strategies the recipient will adopt to improve supplementary services provided to individuals who are members of special populations.

  4. FURTHER ACTION- The State shall, in conjunction with the eligible recipient, annually review and revise the joint plan developed under Subsection (c) in order to improve program performance and will continue to do so each consecutive year until the recipient sustains, for more than 1 year, substantial progress toward or meets the standards developed under Section 117.

SECTION 119. TECHNICAL ASSISTANCE

  1. FEDERAL ASSISTANCE- The Secretary shall provide technical assistance to the States, directly or by grant, contract, or cooperative agreement, with respect to the development and implementation of systems under Section 115 and subsequent sections, including assistance on-

    1. setting performance standards;
    2. evaluating the reliability, validity, and lack of bias of measures and standards;
    3. selecting and developing appropriate assessment tools, including methods for assessing academic gains at the postsecondary level;
    4. coordinating Perkins measures and standards with other evolving and emerging federal initiatives such as National Industry Skill Standards and School-to-Work performance measures;
    5. collecting and disseminating information on models for using performance data for program improvement, particularly at the local level; and
    6. planning for and providing technical assistance to local recipients. In providing such assistance, the Secretary shall utilize existing resources in other Federal agencies.

  2. STATE ASSISTANCE- Each State Board shall provide technical assistance, directly or by grant, contract, or cooperative agreement, to local recipients with respect to the implementation of Sections 117 and 118, including-

    1. assistance on evaluating the effectiveness of programs based on the performance measures and standards developed under Section 117;
    2. assistance on identifying and adopting appropriate strategies for improving performance on such measures and standards;
    3. training local administrators and instructors in the use of performance data to improve vocational courses and programs based on the assessment conducted under Section 117(a); and
    4. disseminating to local recipients examples of the effective use of performance data to improve vocational courses and programs. Section 102 allocates an annual amount for the technical assistance activities identified under this subsection from the allotment made to each State from funds appropriated under Section 3(a).

SEC. 120. EVALUATING STATE AND NATIONAL SYSTEMS

  1. REPORT- The Secretary shall submit a report to the appropriate committees of the Congress not later than the expiration of the 4-year period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1995. Such report shall include-

    1. a detailed description of the status of each State's system for improving vocational education at the State and local level developed as required by Section 115 and subsequent sections;
    2. an assessment of the reliability, validity, and lack of bias of the measures and standards adopted under Section 117; and
    3. an assessment of the degree to which the use of these systems have led to program improvement at the State and local levels.


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